Neither the prosecution or defense were aware of the letters, which Montrell Alston said he passed on to a private investigator for the defense attorney representing him in the case where he is charged in the shooting deaths of Chris Harrison and Monte Hines.
Out of the presence of the jury this morning, Alston said he didn’t remember discussing the letters, of which there were five or six, with the assistant district attorney and Halifax County Sheriff’s Office detectives in the presence of his attorney.
Horton’s attorney, Mitchell Steyers, told Judge Alma Hinton he wanted to declare Alston incompetent to stand trial. Throughout the morning session, where Alston was under cross-examination, his responses were barely audible and several times Hinton had to ask him to speak up. At one point she adjusted the microphone on the witness stand so Alston could be better heard.
Hinton denied a motion by Steyers to have Alston declared incompetent.
“This is the state’s case,” Steyers said. “His testimony decides whether Mr. Horton goes to jail for life, double life. The letters are crucial.”
Hinton told Steyers, however, “The state can’t give what the state doesn’t have in hand.”
In arguing for incompetency, Steyers said, “It’s clear in my mind, Mr. Alston is an incompetent witness. I don’t know what he’s said. It’s clear to me whatever disability he has he is incompetent.”
Assistant District Attorney Keith Werner said, however, “If his attorney felt he was incompetent, he would not have him here. To have Mr. Steyers say he is incompetent, he may be a difficult a witness.”
Werner said Alston’s demeanor on the stand “could be a difference in upbringing,” explaining not everyone has the opportunity for a college education, “where Mr. Alston didn’t have that upbringing. You take a witness where you find him. He is probably the truest form of witness. He’s going to go with what he remembers best.”
As far as the letters, Werner said, “I’m at a loss at the letters.”
Alston was the third person to be arrested in the October 27, 2013, murder of Harrison and was charged in the shooting death of Hines, who the sheriff’s office described at the time as the alleged co-conspirator.
Halifax County Sheriff Wes Tripp referred questions on the letters this afternoon to the district attorney’s office.
Opening statements in the case Tuesday show the state is trying to prove Horton was responsible for both the murders of Harrison and Hines while Steyers is attempting to prove Harrison and Hines shot and killed each other over a woman.