Constitutionality Of Death Penalty Challenged In Tontitown Murder Case

FAYETTEVILLE -- The attorney for a man accused of stabbing to death a Tontitown woman filed a stack of motions in the capital murder case Friday afternoon, several challenging the constitutionality of the state's death penalty.

Brock Atkins, 19, of Tontitown is charged with accomplice to capital murder in the stabbing death of Leann Frazier. Atkins pleaded not guilty. He has a Dec. 15 trial date in Washington County Circuit Court.

Pat Aydelott III is handling the capital murder trial as a death penalty case although Matt Durrett, chief deputy prosecutor, said he hasn't decided whether to seek the death penalty against Atkins.

If convicted of capital murder, Atkins faces life in prison without the possibility of parole or the death penalty.

The motions are standard for capital murder cases. Aydelott contends the death penalty is cruel and unusual and violates the U.S. and Arkansas constitutions. He also argues the state law is unconstitutional because it doesn't differentiate between capital and first-degree murder. The Arkansas death penalty has routinely been held constitutional by lower and appeals courts.

Aydelott requests a mental evaluation for Atkins with the results sealed.

Other motions deal with jury selection, disclosure of evidence and allowing Atkins to wear civilian clothes and appear without restraints.

Frazier was killed early May 21 at Atkins' home.

Atkins was arrested shortly after Frazier's death. He told police Frazier arrived at his house with two men that morning, according to his preliminary arrest report. She accused him of stealing methamphetamine and he denied the accusation, Atkins told police in May.

Atkins told police Lewis Anthony "Tony" Hedges, 34, brandished a handgun and threatened to kill him and his family if Atkins didn't kill Frazier, according to the report.

Atkins told police Frazier fled and he tackled her and stabbed her in the throat, according to the report.

Hedges fled the area and was arrested May 30 in Texas. Hedges was initially charged with being an accomplice to capital murder.

Prosecutors amended the charge against Hedges on Aug. 15 to hindering apprehension, a felony punishable by five to 20 years in prison. Hedges was released on his own recognizance from the Washington County Detention Center.

Durrett said it appears Hedges wasn't at the house when Frazier was killed.

Durrett said evidence points away from Hedges being involved in the homicide and toward him destroying evidence and deleting electronic messages.