Justices uphold retrial denial

Murderer’s original representation sufficient, they rule

The Arkansas Supreme Court on Thursday upheld a lower court's ruling denying a death-row inmate a new trial in the stabbing death of his former girlfriend.

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The court found that Zachariah Marcyniuk, who was convicted of capital murder in the March 2008 death of Katharine "Katie" Wood of Greenbrier, was not entitled to a new trial and that he had received sufficient legal representation. His new attorney had argued that his trial attorney gave up on his best defense -- innocent by reason of mental disease or defect -- midtrial and threw his mental-health experts "under the bus."

Justice Jo Hart wrote in a unanimous opinion that the focus of Fayetteville attorney W.H. Taylor's remarks to the jury during opening and closing arguments was that Marcyniuk should be acquitted of capital murder, in favor of second-degree murder, which carries a maximum sentence of life in prison.

Taylor testified at a post-conviction -- or Rule 37.5 -- hearing that he wanted the jury to think that Marcyniuk "had committed second-degree murder and that was the best we were going to do," Hart quoted him as saying.

"Taylor explained why he pursued a trial strategy in which he sought to obtain a second-degree murder conviction rather than an acquittal based on mental disease or defect. Thus, Taylor's actions were in furtherance of his trial strategy, and we cannot say that his performance was deficient," Hart wrote in the 21-page opinion.

The court also rejected five other claims raised by Marcyniuk's attorney that argued that Taylor was ineffective, including failing to call certain witnesses and informing the jury that mercy could be given during sentencing.

Prosecutors said Marcyniuk broke into Wood's Washington County apartment three weeks after she broke up with him; he fell asleep and then attacked her when she returned home. Wood was stabbed several times, and her body was found in her bathtub.

Doctors for the defense and the state agreed that Marcyniuk had borderline personality disorder, which the defense witness also argued made him unable to conform his behavior with the law at the time of the killing.

Borderline personality disorder is a mental illness associated with impulsiveness, unstable relationships and variable moods, according to the National Institute of Mental Health.

Marcyniuk was convicted of capital murder and sentenced to death, which the Supreme Court affirmed in May 2010. His attorneys then filed a new appeal, arguing that Taylor was ineffective.

Lee Short, Marcyniuk's attorney in the appeal, said the court's decision goes against precedent from other jurisdictions and says that an attorney can concede a defense for "any reason at all" and still be acceptable.

"I certainly think it's a travesty. Now Arkansas is the only jurisdiction in the country that will say that it's OK to concede your client's defense when it's a legitimate defense," Short said.

Metro on 06/06/2014

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