7/28/10
 
ASHEBORO — The first hearing in preparation for the capital murder trial of a woman and her son, who are accused of killing and burying the woman’s elderly husband at their Randolph County home, was held Tuesday.
 
Melba June Gibbs Slaydon and her son, Ronald Mark Gibbs, were at the pre-trial hearing held in Randolph Superior Court.
 
The hearing gave the state and defense some insights of what they may expect from each other as they move toward a late fall or early winter trial, but attorneys were cautious about their plans.
 
The state is researching the possibility of trying the mother and son in a joint trial, said Andy Gregson, assistant district attorney. The defense may ask for a change of venue to move the proceedings to a different county because of the publicity, said Jon Megerian, Asheboro attorney.
 
The next hearing, at which the prosecution and defense will be more specific about their plans, will be on Sept. 27.
 
Gregson said that would be the time for non-evidentiary motions “on the things at impact how and when this case is tried. We want to know if the defense needs anything from the state that they don’t have.”
 
After hearing from the state and defense, Superior Court Judge Brad Long ordered that any motion for a joint trial and any motion for a change of venue be filed on or before Sept. 27. Also in Long’s order was “a request” that all parties review the discovery, which includes the list of witnesses and evidence, and make an effort to resolve any discovery issues before the court date.
 
Long said the September hearing would not limit amendments to motions made by the defense. That was in response to defense attorney Kimberly Stevens, who said they may need to amend a motion for a change of venue because “the publicity picks up as the trial date nears.”
 
Slaydon, 73, and Gibbs, 49, are facing the death penalty for the murder of Robert Slaydon, who was 87 years old, in July 2007. Melba and Robert had married 16 months earlier. Gibbs lived with the Slaydons on New Hope Church Road between Asheboro and Seagrove.
 
On July 16, 2007, Robert Slaydon’s nephew, Jimmy Barker, filed a missing person report with the Randolph County Sheriff’s Office when he had been unable to contact his uncle for over two weeks. Robert Slaydon, who had been widowed in 2003, had no children, but was close to his nephews and nieces.
 
On July 27, 2007, Robert Slaydon’s hog-tied body was found buried in a wooden box behind his residence. Melba Slaydon and Gibbs were located in New Mexico, her home state, and fought extradition, but were returned to North Carolina in September 2007 on a governor’s warrant.
 
Both were formally charged with first-degree murder on Sept. 27, 2007, and the case was ruled a capital case in late October.
 
Asheboro attorneys Jon Megerian and Frank Wells, who are North Carolina capital defenders, were appointed to represent Melba Slaydon. Kimberly Stevens of Winston-Salem and Craig Blitzer of Reidsville, also N.C. capital defenders, were appointed to represent Gibbs.
 
Assistant District Attorney Gregson said in Tuesday’s hearing that his office was researching the ramifications of a joint trial, but had not made a decision at this time.
 
Gregson said the reasons for a joint trial involve the large number of witnesses, including law enforcement, from two states. The state has to consider the time it would take to hold two trials and the time and travel commitment by the witnesses. The difficulty with a joint trial would be that this is a very complicated case, Gregson said.
 
Joint trials are not rare, but are unusual. The defendants themselves and/or their attorneys have the right to object to a joint trial.
 
On the possibility of a joint trial, Megerian said he would respond at the time, “if the state makes that motion.”