BENTONVILLE -- An attorney who represented convicted murderer Brandon Lacy claims he wasn't prepared for the jury trial.
Steve Harper, who was the lead counsel for Lacy, testified Tuesday during a hearing that could lead to Lacy receiving a new trial. Harper handled death penalty cases for the Arkansas Public Defender Commission.
At A Glance (w/mug)
About The Case
Broderick Laswell, 26, of Farmington is housed at the Cummins Unit of the Arkansas Department of Correction. Brandon Lacy, 35, of Rogers is housed at Varner Supermax.
Source: Staff Report
Lacy, 35, of Rogers was convicted in May 2009 of capital murder and aggravated robbery in connection with the death of Randall Walker. Walker's burned body was found in the bedroom of his Beaver Hollow Road home on Aug. 30, 2007.
A jury recommended the death penalty for Lacy.
Broderick Laswell, 26, of Farmington also was convicted of capital murder and aggravated robbery in the case. He was sentenced to life imprisonment without parole.
The Arkansas Supreme Court ordered a hearing be held on issues concerning whether Lacy's attorneys failed to investigate and inform the jury of a brain damage suffered by Lacy. This week's hearing relates to Lacy's claim he had ineffective counsel at trial.
Patrick Benca, who now represents Lacy, wanted to know if Harper was prepared for Lacy's trial.
"No," Harper said.
Harper claimed he was bothered for months after the trial.
Harper said he was physically and emotionally exhausted when he gave a closing argument he described as "horrible."
"I ran out of steam," Harper said. "I was exhausted."
Harper said he believes more attorneys from the Arkansas Public Defender Commission should have been assigned to the case. Harper was assisted by attorneys from the local public defenders office.
Harper said it was a decision not to call doctors concerning mental health issues involving Lacy. Harper said he should have obtained more testing related to possible brain injuries.
Stephanie McLemore, deputy prosecutor, questioned Harper about his feelings about the death penalty. Harper said he's against the death penalty and he hopes Lacy gets a new trial.
Harper said he was aware Lacy abused alcohol and also "huffed" chemicals. Harper also said he was aware Lacy attempted suicide twice and was injured in a car accident.
Jeff Gould, a forensic psychologist hired by Benca, interviewed Lacy. Gould said Lacy suffers from alcohol and depressive disorders. Gould said he recommends neuropsychology exams for all suspects who face a capital charge.
Barry Crown, a neuropyschologist hired by Benca, said Lacy has neurological impairments impacting his memory, reasoning and judgment.
Jamie Booher, Lacy's former wife, said Tuesday she knew Lacy better than anyone. She wasn't called to testify at trial. She said Lacy had a history of huffing and abusing alcohol beginning when he was a child.
She also said she lied in a protection order and a subsequent hearing in 1997 that Lacy physically abused her. Booher said Tuesday that Lacy had never been violent toward her.
Booher also said Lacy and Laswell came by her home after Walker's murder. Laswell mentioned he stabbed someone, Booher said.
Booher said Lacy told her he couldn't remember what happened, but Laswell told him about throwing things in a pond and having blood on his shoes. Booher never reported her knowledge of the crime to authorities.
Booher said she was upset at not being called as a witness. She knew Lacy had frequent blackouts from abusing alcohol, and he may have suffered brain injuries from a car accident or on a different occasion when he was attacked.
Harper said it was his decision not to call Booher as a witness.
Testimony will continue today.
NW News on 09/17/2014