There will be no jury seated when accused murdered Morris McCabe's enters the courtroom next week. McCabe will stand trial next week for the triple homicide that claimed the lives of three Stoutalnd residents. Instead of a jury of his peers, McCabe's fate will be decided by Circuit Court Judge Kenneth Hayden.
It will be the second time McCabe has been on trial in Camden County on murder charges.
McCabe has withdrawn his right to a jury trial opting for a bench trial. A bench trial removes the jury from the proceedings. The prosecution and the defense will present their cases to the judge who will then decide the verdict.
At the same time, Camden County Prosecutor Brian Keedy has withdrawn the notice filed with the court seeking the death penalty if McCabe is convicted.
McCabe is accused of shooting Don Young, Sally Amos and Don Meyers at a home near Stoutland in December 2010.
The three were found shot to death at a home near the intersection of Route T and Route H. Deputies arrested McCabe a day after the killings. McCabe has been in the Camden County jail since his arrest.
It is the second time McCabe has faced murder charges in Camden County. In 1980, McCabe was found guilty of a murder in Lebanon. On June 8, 1979, McCabe shot and killed 34-year-old Larry Baker at the home of Nancy Row on Yates Ave. in Lebanon. McCabe was 19 at the time of Baker’s murder.
McCabe’s 1980 trial moved from Laclede County to Camden County on a change of venue request. He stood trial before Judge John Parrish. Jack Miller was the prosecuting attorney. McCabe served 30 years in prison for his 1979 crimes.
McCabe had been out of prison for less than nine months at the time he was arrested as the suspect in the deaths of the three Stoutland residents. McCabe has maintained his innocence, pleading not guilty to the crimes.