BENTONVILLE — Prosecutors will be able to obtain portions of a case file and other material from attorneys who represented Brandon Lacy at his 2009 murder trial.
Lacy, who was convicted of murder and given a death sentence, has filed a motion claiming his attorney was ineffective.
Benton County prosecutors want access to Lacy’s attorney files to prepare for a July 29 trial on the motion.
Van Stone, prosecutor, told Circuit Judge Robin Green on Thursday he and new Lacy attorney Patrick Benca agreed prosecutors are entitled to some information from the case file.
Lacy, 34, of Rogers was convicted in May 2009 of capital murder and aggravated robbery in connection with the death of Randall Walker. A jury recommended the death penalty and Green imposed the punishment.
One of Lacy’s claims in his motion is his attorneys failed to investigate a defense of mental disease or defect, Stone said.
That allegation opens a great deal of information that may rebut some claims and shed light on the thought process in defending Lacy, Stone said. Stone also said his office was entitled to any reports or data from mental health experts who evaluated Lacy. Stone believed the entire file should be open to prosecutors.
Benca agreed prosecutors should get some information from the file, but didn’t feel it was appropriate to release and open the entire file.
Benca also informed Green he plans to file a motion to disqualify Stone and his office from handling the case. Benca also said the motion would request Green’s recusal. Benca didn't go into detail about the motion, but said it concerned the prosecutor’s office’s use of subpoenas in the case. Benca said the recusal request was because Green used prosecutor subpoenas during her two tenures as county prosecutor.
Green set a hearing for 8 a.m. May 22.
Walker’s burned body was found Aug. 30, 2007, in the bedroom of his Beaver Hollow Road home.
Lacy admitted he hit Walker, 47, twice on the head with a fireplace poker.
Lacy also admitted he stabbed Walker with the poker and said accomplice Broderick Laswell of Farmington struck Walker with a weight bar. Lacy also said he cut Walker’s throat.
Laswell was tried and convicted of capital murder and aggravated robbery and was sentenced to life in the Arkansas Department of Correction.