Judge Denies Request, Fines Lacy’s Attorney

BENTONVILLE — A circuit judge on Wednesday denied an attorney’s request for a new trial and found him in contempt of court for repeatedly interrupting her.

Judge Robin Green denied Little Rock attorney Patrick Benca’s request to grant a new trial to Brandon Lacy of Rogers. Lacy was found guilty of capital murder and aggravated robbery for killing Randall Walker in 2007. A jury recommend the death penalty in May 2009, and Green imposed the punishment.

Benca filed a motion for a new trial because he believes Benton County prosecutors abused subpoena power and intimidated defense witnesses. Benca was concerned prosecutors issue subpoenas to all defense witnesses, including experts, in preparation for trial.

Benca’s motion was filled with reckless allegations, said Van Stone, Benton County prosecutor.

As Green issued her ruling, she warned Benca about interrupting her while she spoke. Green then denied Benca’s motion.

“I guarantee the (state) Supreme Court does not know about the process,” Benca said in reference to the prosecutor subpoenas.

Benca also represents Nicholas Johansen, who is charged in connection with two counts of capital murder and aggravated robbery in connection with the deaths of his mother and grandmother. Benca referenced the case at the hearing, but Green told Benca that Johansen wasn't present and she didn't feel Johansen’s case should be referenced.

Benca then requested he be allowed to present the testimony of attorneys Shane Wilkinson, Jay Saxton and Tony Pirani about the subpoena issue. Green denied the request.

Benca then wanted Green to allow him to make a record of the testimony after she left the courtroom. Green also denied that request.

“You are about to cross the line,” Green warned Benca about interrupting her.

Benca then asked for Green to recuse from the case. Green followed the same practice with prosecutor subpoenas when she was prosecutor, Benca said.

Green told Benca he hadn't shown how prosecutor subpoenas violated Lacy’s rights. Green then denied the motion for her recusal.

Benca again began to speak at the same time as Green, and she found him in contempt of court and ordered him to pay $100 to the Benton County Circuit Clerk’s Office.

“I will appeal that,” Benca said.

Benca also said he will appeal Green’s decision not to recuse.

The Arkansas Supreme Court ordered in February an evidentiary hearing on Lacy’s claims his attorneys failed to investigate and inform the jury of issues concerning Lacy’s brain damage. Lacy claimed he received ineffective assistance of counsel at his original trial. Benca is his new attorney. The evidentiary hearing is scheduled to begin July 29.

Accomplice Broderick Laswell of Farmington was convicted of capital murder and aggravated robbery and sentenced to life in the Arkansas Department of Correction for his role in the killing.

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