BENTONVILLE -- A circuit judge will decide whether a convicted killer's legal representation was so inadequate he deserves another trial.
Testimony concerning Brandon Lacy's bid to overturn his conviction and death sentence ended Friday.
The Arkansas Supreme Court ordered a hearing on whether Lacy's attorneys failed to investigate and inform the jury of brain damage he suffered. This week's hearings related to Lacy's claim he had ineffective counsel at trial.
Lacy, 35, of Rogers was convicted in May 2009 of capital murder and aggravated robbery in connection with the killing of Randall Walker. Walker's burned body was found in the bedroom of his Beaver Hollow Road home on Aug. 30, 2007. The jury recommended a death sentence 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.
Randall Price, a forensic psychologist and neuropsychologist, was hired as an expert by prosecutors. He was the only witness to testify Friday.
He said according to research 40 percent of defendants in homicide cases make amnesia claims and say they can't recall details of the crime.
Price didn't meet with Lacy or do any testing. He only reviewed the work of other doctors.
Price said some people remember details before and after a crime, but can't recall the crime. Some people may not want to recall their actions or talk about them, and for others it may be a convenient defense, he said.
Price said Lacy had three evaluations. All of them found Lacy had a depressive disorder along with alcohol and substance abuse. None of the evaluations reported any neurological problems, Price said.
Price also voiced his doubts Lacy has any brain impairment when Stephanie McLemore, deputy prosecutor, asked him about Lacy's ability to complete more than 60 hours of college courses while mainly making A's and B's.
Patrick Benca, Lacy's attorney, asked Price if he was aware Lacy's tests were open book. Price said he wasn't aware of the details of the tests.
Steve Harper, who was the lead counsel for Lacy, testified earlier in the week. He was critical of his performance during Lacy's trial. He graded his performance as a 1 on a scale of 1 to 10.
Lacy admitted he hit Walker, 47, twice on the head with a fireplace poker. Lacy also admitted he stabbed Walker with the poker and cut Walker's throat. He also said Laswell struck Walker with a weight bar, according to court documents.
At trial, the jury heard Walker was alive when the fire was started.
Circuit Judge Robin Green requested Friday attorneys submit briefs by Oct. 27. She didn't give a date on when she will release her decision.
NW News on 09/20/2014