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Attorney says trial can't proceed without Arkansas police video

By The Associated Press

This article was published February 1, 2014 at 2:28 p.m.

FORT SMITH — The attorney for one of two brothers charged with murder in Oklahoma has told a judge he can't finish preparing for trial without video the Fort Smith Police Department took when his client was arrested.

Johnathen Don James Edward Thacker and his brother Elvis Aaron Thacker are charged with first-degree murder and forcible sodomy in the death of 22-year-old Briana Jane Ault of Fort Smith. Ault's body was discovered in a pond in Pocola, Okla., on Sept. 13, 2010.

The Southwest Times Record reports the video came to light in November. But on Friday, Johnathen Thacker's public defender, Gary Henry, told a judge he has not obtained a copy of the video from Le Flore County District Attorney Jeff Smith. Smith says Arkansas authorities haven't provided the video.

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