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UPDATE: Convicted Murderer Files for New Trial, Serving 2 Life Sentences

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By: WSAZ News Staff, Randy Yohe Email
Posted: Fri 10:32 AM, Jul 06, 2012

UPDATE 7/6/12 @ 10:30 a.m.
FLOYD COUNTY, Ky. (WSAZ) -- A Floyd County man convicted of killing his niece and her husband was back in court Thursday.

Berry Hall, who pleaded guilty to murdering his niece and her husband in 2008, was sentenced to two life sentences back on June 14.

The two were gunned down outside of their Floyd County home in 2008 after a long-running family feud.

Hall faced the death penalty in this case -- but the jury spared him of that.

Thursday, his lawyers filed several new motions concerning his time in court.

Hall wants a new trial, and the motions filed would like to exclude the death penalty if they get that new trial. Motions were also filed to exclude an open-line 911 call that was used in the frist trial.

Hall was also charged with four counts of wanton endangerment, adding 20 years to his previous sentences.

Hall was found guilty after jurors deliberated for about six hours back on May 1.



UPDATE 5/1/12
FLOYD COUNTY, Ky. (WSAZ) -- The double murder trial of an eastern Kentucky man came to a close Monday as the victims' family and friends waited on edge to hear the sentence the jury recommended.

After nearly six hours of deliberations on Monday, a jury recommended two life sentences without parole for Berry Hall.

Last week, the same jury found Hall guilty of the murders of Lisa Tackett, his niece, and her husband Alan. The verdict was guilty of murder with mental illness.

The two were gunned down outside of their Floyd County home in 2008 after a long-running family feud.

Hall faced the death penalty in this case, but the jury spared him of that.

"It's a very serious sentence that they gave Mr. Hall, but we really appreciate them taking the time, looking through everything, listening to all the evidence, and finding a non-death verdict," said defense attorney Steve Goble.

"We didn't care which one it was, if it was death or life without parole. The key to us was where he'd never get out again," said Commonwealth's Attorney Brent Turner.

The Tacketts' family members say they are just glad the whole thing is over.

"I'm just glad they can rest in peace now," said Tonda Hall, Lisa Tackett's stepmom.

"It's been a long road, a very long road," said Norita Collins, Alan Tackett's sister.

They also say that they don't blame the rest of Hall's family for what happened. "This tragedy almost tore two families apart but it brought two families together and one bad apple don't spoil the bunch," said one of Alan Tackett's sisters.

They are happy that Hall did not receive the death penalty. They say they just wanted him off the streets.

"More than anything he needs God's forgiveness for what he's done. More than anything, and we're praying for that for him," said Collins.

And they hope the families can begin moving forward.

This is just a jury-recommended sentence. According to the Commonwealth Attorney's Office, the judge will formally sentence Hall on July 5th.

At that time, Hall will also be sentenced on four counts of wanton endangerment. There were four children in the home at the time of the shooting.



UPDATE 4/30/12 @ 5:20 p.m.
FLOYD COUNTY, Ky. (WSAZ) -- A jury has spared a convicted murderer the death penalty.

After six hours of deliberations, a Floyd County jury recommended Berry Hall be sentenced to two life terms without the chance of parole.

Hall was convicted last week of murder with mental illness in the shooting deaths of his niece Lisa Tackett and her husband Alan in 2008.



UPDATE 4/30/12 @ 10:50 a.m.
FLOYD COUNTY, Ky. (WSAZ) -- A jury is now deliberating the sentence for a man convicted of murdering his niece and her husband.

Deliberations got underway about 10:30 Monday morning in Floyd County.

The same jury found Berry Hall guilty last week of murder with mental illness in the shooting deaths of his niece Lisa Tackett and her husband Alan. Both were gunned down outside of their home in 2008 after a long-running family feud.

Hall faces anywhere from 20 years in prison to the death penalty.

Keep clicking on WSAZ.com for the latest.



UPDATE 4/27/12
FLOYD COUNTY, Ky. (WSAZ) -- Mental illness isn't enough to keep on Prestonsburg, Kentucky man from possibly facing the death penalty.

Berry Hall was convicted of killing his niece Lisa Tackett and her husband Alan. They were both shot to death at the home in 2008, after a long running feud between the family.

A jury found him guilty of murder with mental illness.

Hall is facing anywhere from 20 years in prison to the death penalty for the crime.

The penalty phase is now underway.

Several family members and friends from both sides took the witness stand Friday.

The prosecution was tight lipped on it's recommendation.

Lawyers say the jury should let this mentally ill man die in prison. "The defense will ask you to impose a sentence that is severe enough to put berry in prison for a lengthy period of time, perhaps for the rest of his natural life - but we will ask you. we will beg you not to kill him," Jim Gibson said.

The jury should begin it's life or death deliberations Monday.

Keep clicking on WSAZ.com for the latest on this story.



UPDATE 4/26/12 @ 4 p.m.
FLOYD COUNTY, Ky. (WSAZ) -- A jury has reached a verdict in the case of a Floyd County man charged with the shooting deaths of his niece and her husband

Thursday afternoon, a jury convicted 47-year-old Berry Hall of murder with mental illness.

Hall will be sentenced Friday morning.

The Floyd County Circuit Court Jury deliberated several hours before reaching their verdicts.

Police and prosecutors said Hall had a running feud with his next-door neighbors along Sunflower Lane. Those neighbors were his niece, Lisa Tackett, and her husband Alan.

They said the often heated exchange came to a head in March 2008, when prosecutors say Hall used a rifle to shoot and kill the Tackett's -- from his upstairs window. We have crew in the courtroom.

Keep clicking on WSAZ.com for the latest information.



UPDATE 4/26/12 @ 1:35 p.m.
FLOYD COUNTY, Ky. (WSAZ) -- A jury is now deliberating the fate of a man charged with murdering his niece and her husband

47-year-old Berry Hall is on trial in Floyd County Circuit Court.

The jury got the case following closing arguments Thursday morning.

Police and prosecutors say Hall had a running feud with his next-door neighbors along Sunflower Lane. Those neighbors were his niece, Lisa Tackett, and her husband Alan.

They said the often heated exchange came to a head in March 2008, when prosecutors say Hall used a rifle to shoot and kill the Tackett's -- from his upstairs window.

Prosecutors want Hall found guilty of murder with intent.

The defense is asking for first degree manslaughter. They say Hall has a mental illness and had changed medications a few months before the shootings. They say he has "extreme emotional disturbance" brought on by the years of feuding.

Hall, who could face the death penalty, took the stand in his own defense Monday.

We have crew in the courtroom.

Keep clicking on WSAZ.com for the latest information.



UPDATE 4/25/12 @ 11 a.m.
FLOYD COUNTY, Ky. (WSAZ) -- The man at the center of a death penalty case took the stand in his own defense Monday.

47-year-old Berry Hall is on trial -- accused of murdering his niece and her husband in March 2008.

Monday, Hall's defense attorneys began calling witnesses. Four of Hall’s 10 living siblings took the stand as the defense tried to show a history of mental illness in the family.

One of Hall's sisters, and three of his brothers, claimed to have serious bouts with depression and anxiety. They all talked about mental issues their father and other siblings had -- saying that several of them had been hospitalized at one time or another.

The defense attorney then called the man at the center of the trial to the stand – Berry Hall. On the stand, Hall blamed his 2008 shooting rampage on prescription medication.

In his testimony, Hall says he remembers hearing people arguing outside, but then he says he blacked out and only remembers bit and pieces of the evening. He says he remembers having some sort of hallucinations as he entered the upstairs bedroom.

"I was seeing shadows and stuff, and when I was in the bedroom I'm pretty sure I saw demons," Hall said.

During cross examination, prosecutors ask Hall, if blacked out -- why did he tell police at the scene that he did it?

"The man got shot right there because the gun went out the window, and I discharged the gun, son, but that don't mean I aimed the gun at him, because I didn't," Hall said.

Hall blames his medication for making him so mad.

"Doctor Hieronymus? It's his fault?" asked Floyd County Commonwealth's Attorney Brent Turner.

"Well he's the one who prescribed the medication that caused anger," replied Hall.

Hall said that his plan was to shoot at the ground to scare Lisa Tackett -- and that he has no memory of shooting at Alan Tackett.

Defense attorneys continued their presentation on Tuesday.

Hall’s attorneys say he was not mentally stable during the 2008 shooting, but prosecutors argue that he acted in cold blood following a property dispute with he niece Lisa and her husband Alan Tackett.

"Don't sound like you were trying to kill them?" asked Floyd County Commonwealth's Attorney Brent Turner. "Don't sound like I was," replied Hall.

"Well to me it sounds like you were," said Turner.

"No actually I weren't," Hall replied defensively.

Tuesday, the defense called on two doctors to describe Hall's mental health. The first said he had given Hall an IQ test which resulted in a score of 71.

"If you get very far below an 85, then it means you struggle with your thinking and reasoning ability. You're not as sharp as other people are," said Dr. James Walker.

Both doctors testified that Hall has very serious depression. They agree that Hall has what is called Major Depressive Disorder. But prosecutors ask, if that is their diagnosis -- why didn't they put it in their reports?

Dr. Walker says that at the time the report was made, in 2010, he had not made an official diagnosis and needed more time with Hall to make the determination. But, both doctors agree that Major Depressive Disorder, coupled with a low IQ, could drastically impact Hall's ability to think clearly -- especially with stressors like his family's argument.

The trial continued first thing Wednesday morning.

Keep clicking on WSAZ.com for the latest information on this trial.



UPDATE 4/18/12 @ 5:15 p.m.
FLOYD COUNTY, Ky. (WSAZ) -- The trial involving Berry Hall is a death penalty case -- focused on a man accused of murdering his niece and her husband.

WSAZ.com has learned this double murder case from March 2008 may come down to a question of sanity. And then, there's the possible death penalty phase -- and that’s the reason it took two weeks to pick a jury.

In the courtroom on Wednesday, Berry Hall showed little, if any, emotion.

Police and prosecutors say the 47-year-old had a running feud with his next-door neighbors along Sunflower Lane. Those neighbors were his niece, Lisa Tackett, and her husband Alan.

Police say the often heated exchange came to a head in March 2008, when prosecutors say Hall used a rifle to shoot and kill the Tackett's -- from his upstairs window.

In the 911 recordings, the dispatcher asked Hall's son Tony what happened?

911 dispatcher: “Tony, who shot them?
Tony: "Uh, my dad ..."
911 dispatcher: "Why did he shoot them for?"
Tony: "They was hollering and cussing going on.”

Then the jury heard Hall admitting he pulled the trigger -- more than once.

From the 911recording you hear Hall say, “I shot at her, yes I shot at her."
911 dispatcher: "Did you shoot at anyone else?
Hall: "I shot on the porch at him.”

Hall's defense team has questioned whether their client was in his right mind during the shootings. In testimony, Hall told detectives he needs medications to control his temper.

There were no family members for either side in the courtroom.
We’re told that’s because many will be called as defense witnesses, to possibly testify to Hall's degrees of sanity.

There were several children around both homes during the shootings.

The 911 tapes also included lengthy, terrifying children’s screams that dispatchers and the jury heard.

The trial takes a break until Monday, when the defense will put on its case.

Keep clicking on WSAZ.com for the latest information.



UPDATE 4/18/12
FLOYD COUNTY, Ky. (WSAZ) -- A murder trial is underway in Floyd County, Ky., for a man accused of killing his niece and her husband.

After two weeks of jury selection, the trial started Monday.

49-year-old Berry Hall is charged with the murders of 30-year-old Lisa Tackett and 47-year-old Alan Tackett in March of 2008. Family members say it all began over a property dispute.

Tuesday during the trial, the prosecution played 911 tapes from the day the murders happened.

One of the calls came from the Tackett's home and a dispatcher was met with the terrified screams of children.

The second call came from Berry Hall's son Tony.

"911, what's your emergency?" the dispatcher said.

"Yes, we have two people shot at 13 Sunflower Lane," Tony said.

The dispatcher asks Tony to tell him what happened and gets a surprising answer.

"Tony who shot them?" the dispatcher asked.

"Uh, my dad," said Tony.

"Why did he shoot them for?" the dispatcher asked.

"They was hollering and fighting going on," Tony said.

"And he shot them?" the dispatcher asked.

"Yes," Tony said.

Prosecutors then played a recording of Berry Hall admitting to the crime.

"I shot at her, yes, I shot her," Hall said.

"Did you shoot at anyone else?" the detective asked.

"I shot on the porch at him," Hall replied.

Hall then broke down when describing the arguments that led up to the shooting.

Hall yelled on tape, "I can't handle it! (Ok, ok.) I can't handle it!"

The prosecution is expected to wrap up it's case on Wednesday before taking a two day break. The defense is expected to start their side of the case next week.

"Berry Hall's IQ is somewhere in the seventies which puts him at borderline intellectual functioning range," said defense attorney Steve Goble.

Hall's defense attorneys say it's not a question of who did it, but why,
and if Hall was in his right mind when the shooting occurred.

Hall told detectives the evening of the shooting that he needed medication to control his temper -- a defense his attorneys are sticking to.

The prosecution is seeking the death penalty against Hall.

We have a crew in the courtroom and will have the latest on NewsChannel3 Six O'Clock.

Keep clicking on WSAZ.com for the latest information.



UPDATE 4/17/12
FLOYD COUNTY, Ky. (WSAZ) -- The trial is underway in the case of a Floyd County man charged with double murder.

Family members say it all began over a property dispute and ended with Berry Hall killing his niece and her husband.

Hall's family members who witnessed the shooting say they had several arguments with their neighbors in the time they lived there, and one day things went too far.

"The relationship between the two families deteriorated. They began to have squabbles. The kind of squabbles and fights that neighbors often have," said Floyd County Commonwealth's Attorney Brent Turner.

But the defense attorneys say it might not be that simple.

"Berry Hall's IQ is somewhere in the seventies which puts him at borderline intellectual functioning range," said defense attorney Steve Goble.

Hall's defense attorneys say it's not a question of who did it, but why, and if Hall was in his right mind when the shooting occurred.

Hall sat expressionless looking at the floor as his family members told the jury what happened that day.

"I heard a gunshot, you know, and then I heard screaming," said Hall's son Bobby Hall.

"I heard Alan scream 'Lisa they shot you'," said Hall's son Tony Hall.

"My brother poked his head out said something about dad was shooting," said Hall's stepson Matthew Hall.

Defense attorneys say Hall was mentally ill at the time because he was in a deep depression for being out of work for a long period of time.

The prosecution is seeking the death penalty against Hall.

The trial will continue Tuesday in Floyd County.



UPDATE 4/4/12
PRESTONSBURG, Ky. (WSAZ) -- Jury selection is underway in a trial for a Floyd County man charged with killing a husband and wife.

49-year-old Berry Hall is charged with the murders of 30-year-old Lisa Tackett and 47-year-old Alan in March 2008.

The shootings happened outside the Tackett’s home on Sunflower Lane in Prestonsburg.

We're told that Hall was Lisa's uncle, and there had been an ongoing dispute between Hall and the couple. Hall lived next door to the couple.

Hall faces two counts of murder and four counts of wanton endangerment.

Testimony is expected to begin next week. Hall could possibly face the death penalty if convicted.

Keep clicking on WSAZ.com for the latest information.



UPDATE 9/26/11
PRESTONSBURG, Ky. (WSAZ) -- A judge has postponed the double murder trial of a Floyd County man.

47-year-old Berry Hall is charged with the murders of 30-year old Lisa Tackett and her husband 47-year old Alan back in March 2008.

The shootings happened outside the Tackett’s home on Sunflower Lane in Prestonsburg.

We're told that Hall was Lisa's uncle, and there had been an ongoing dispute between Hall and the couple. Hall lived next door to the couple

The trial was supposed to start Monday in Floyd County Circuit Court. No word from the Commonwealth Attorney on why the trial was continued. A new trial date has not been set.

He faces two counts of murder and four counts of wanton endangerment.

Hall is being held in the Pike County Detention Center.



UPDATE 4/2/08
PRESTONSBURG, Ky. (WSAZ) -- The man charged with killing a husband and wife is expected in court this afternoon.

45-year old Berry Hall is charged with the murders of Alan and Lisa Tackett last month.

Kentucky State Police say the shootings happened outside the Tackett’s home on Sunflower Lane in Prestonsburg.

We're told that Hall is Lisa's uncle, and there had been an ongoing dispute between Hall and the couple. Hall lived next door to the couple

KSP said in a release that the dispute had escalated on the day of shootings and resulted in Hall firing a rifle at the victims.

Hall is currently in the Floyd County Detention Center.

His preliminary hearing is set for 1:30 in Floyd County District Court.

Keep clicking on WSAZ.com for more information.



UPDATE 3/21/08 @ 8 a.m.
PRESTONSBURG, Ky. (WSAZ) -- A couple is dead after a shooting in Kentucky. It happened in Prestonsburg, just before 7 p.m. on Thursday evening.

Troopers tell us 30-year old Lisa Tackett and her husband 47-year old Alan were shot and killed.

KSP has charged 45-year old Berry Hall with the murders.

We're told that Hall is Lisa's uncle, and there had been an ongoing dispute between Hall and the couple. Hall lived next door to the two on Sunflower Lane in Prestonsburg.

State Police said in a release that the "dispute escalated today (Thursday) and resulted in Hall firing a rifle at the victims."

Police tell us children and other family members were on the scene at the time of the shooting.

Hall was arrested without incident at the scene. He is currently in the Floyd County Detention Center.

Stay with WSAZ.com for more information.


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