Hearing Continues In Lacy Murder Case

Lacy
Lacy

BENTONVILLE -- The former executive director of the Arkansas Public Defenders Commission said she was "very disturbed" after she read the transcript of the closing argument of an attorney who represented Brandon Lacy.

Lacy, 35, was sentenced to death in 2009 for killing Randall Walker. Lacy was found guilty of capital murder and aggravated robbery. Lacy is from Rogers.

Didi Sallings' testimony came Thursday during Article 37 proceedings that could lead to Lacy getting a new trial.

Steve Harper, lead counsel in Lacy's case, was critical of his performance at Lacy's trial. Harper rated his performance as a 1 on a scale of 1 to 10 when he testified Tuesday.

Sallings said she was called by someone during the trial about Harper's performance. The caller was concerned witnesses weren't taking the stand and "he (Harper) seemed to be struggling," Sallings said.

Sallings talked with Harper after the trial, and she read his closing argument from court transcripts. Sallings said she was "very disturbed." She removed Harper from capital cases and assigned him to handle juvenile cases.

Harper previously was injured in an accident, and he had some medical problems at trial, Sallings said.

Patrick Benca, Lacy's current attorney, asked Sallings if Harper was disappointed in his performance.

"I believe so," said Sallings, now a deputy public defender in Pulaski County. "He had became very close to Brandon."

Sallings also said she would have provided another attorney from the commission if Harper had requested help. Harper was assisted by the local public defender's office.

Sallings also agreed with Benca that Lacy's chronic alcohol and inhalant abuse beginning in his childhood were "red flags" to possible brain damage. Sallings also agreed forensic psychologists and neuropsychologists should have been obtained to pursue the possible brain damage issue.

Sallings said money wasn't an issue and she would have signed off to pay for the experts.

"We pay for it, but we try not to blow the bank up," Sallings said.

Stephanie McLemore, deputy prosecutor, also questioned Sallings, who admitted not knowing the day-to-day workings of the case. Her information came from reading court documents and discussing the case in staff meetings, Sallings said.

Lacy's case was prepared as if it was going to trial, Sallings said.

Harper said Tuesday he opposes the death penalty and he wants Lacy to receive a new trial.

Circuit Judge Robin Green asked Sallings whether Harper's testimony was biased because of his feelings about the death penalty and for Lacy.

"I believe he was ashamed of the job he did for Mr. Lacy," Sallings said.

Sallings told Green she didn't think Harper would commit perjury.

Jay Saxton, chief public defender for Benton County, also was a witness Thursday. Some of his testimony also was on Harper's performance.

Saxton handled proceedings during the guilty or innocence phase. Harper was responsible for mitigation and sentencing proceedings.

"I had confidence in Steve," Saxton said. "I had confidence that when he got up to do his closing that he would knock it out of the park."

Harper was giving his closing argument when a prosecutor objected. Harper then seemed to lose steam, Saxton said.

Saxton said he thought about approaching the judge in an effort to continue with closing after Harper finished.

Saxton said it was strategy not to call an expert to testify in Lacy's case. Curt Grundy, a clinical psychologist, had twice met with Lacy, but he wasn't called as a witness at trial.

Some of what Lacy told Grundy might have come out at trial if Grundy had been called as a witness, Saxton said.

Lacy told Grundy he enjoyed killing Walker, and he also talked about committing other criminal acts, according to McLemore.

Harper and Saxton, while being questioned by McLemore, said they didn't want to risk the possibility of jurors hearing those statements.

Prosecutors called Grundy as a witness Thursday.

Grundy spent about eight hours with Lacy. Grundy diagnosed Lacy with a depressive disorder and dependence on alcohol and drugs.

Grundy said he didn't think Lacy suffered from any alcohol amnesic disorder. Grundy said he didn't do any neuropsychology testing on Lacy.

"I think he has remorse," Grundy said of Lacy. "I think he has some memory of it."

Walker's burned body was found in the bedroom of his Beaver Hollow Road home Aug. 30, 2007.

Broderick Laswell, 26, of Farmington also was convicted of capital murder and aggravated robbery in the case. He was sentenced to life imprisonment without the benefit of parole.

Lacy admitted he hit Walker, 47, twice on the head with a fireplace poker. Lacy also admitted he stabbed Walker with the poker, and he said Laswell struck Walker with a weight bar. Lacy also said he cut Walker's throat, according to court documents.

At trial, the jury heard Walker was alive when the fire was started.

The hearing will continue today.

NW News on 09/19/2014

Upcoming Events