Two P ulaski County cousins accused of burning a toddler to death and killing her father had their trials delayed about four months Thursday to accommodate schedules of defense witnesses and attorneys, and prosecutors’ intentions to try the death-penalty case first.
Robert Todd Gatrell, 20,initially set to stand trial in January, is now scheduled for an April trial, a proceeding that could last two weeks as prosecutors seek his execution if he’s convicted. He and his cousin, Daniel Chase Gatrell, 17, are each charged with kidnapping, arson and two counts of capital murder, accused of burning Hannah Dowdie-Palmer to death after fatally shooting her father, 28-year-old Michael Palmer of Hensley in December, about threeweeks before the girl’s second birthday.
“We’ve got a lot going on in this case,” Robert Gatrell’s attorney Mark Hampton told Circuit Judge Chris Piazza, saying his co-counsels, public defenders Katherine Streett and Teri Chambers, were unavailable in January, as is a potentially crucial defense witness, Dr. Bhushan “Shawn” Agharkar, a Georgia psychiatrist. Hampton said he sought the postponement to ensure that his client’s rights are being protected.
Chief deputy prosecutor John Johnson objected to a delay, saying the defense didn’t have to use Agharkar, but Piazza agreed to reschedule the proceedings. With defenses that implicate each other, the cousins are being tried separately. Prosecutors are seeking a life sentence for Daniel Gatrell who is too young to face execution if convicted at his trial, whichis now set for May, pushed back from February.
Daniel Gatrell will return to court Dec. 16 for Piazza to decide whether he should betried as an adult or have his case transferred to juvenile court. Robert Gatrell’s next court appearance is set for March 8 when the judge will consider a defense motion to throw out an incriminating statement he made to police and any other issues raised by his attorneys. Also pending before the judge is a challenge to the constitutionality of the death penalty, part of motions routinely filed in capital cases where execution is sought.
The bodies of the little girl and her father were found Dec. 12 - one day after Palmer had regained custody of the child - burned beyond recognition in Michael Palmer’s flaming pickup at the dead end of Wilbern Road near Sweet Home, about a half-mile from Robert Gatrell’s home.
Hannah had been in foster care after her mother had burned her with a cigarette, according to court records. The girl, found in the truck cab, died of smoke inhalation and burns. Palmer, who was found in the pickup bed, had been shot in the head and chest.
Authorities said the slayings appeared to be motivated by a debt that Palmer owed Robert Gatrell.
According to arrest reports, Robert Gatrell told sheriff’s deputies that he and his cousin had lured Palmer into an ambush in Gatrell’s backyard. Gatrell told investigators that he and his cousin poured gasoline on the truck and set it on fire.
Daniel Gatrell has refused to speak with investigators, who arrested him on the strength of statements from relatives who said he has admitted participating in the slayings.
Northwest Arkansas, Pages 7 on 10/22/2010