An important witness in the murder case against Darrell Dennis has died, and the defendant's lawyer announced Thursday that he will challenge efforts by prosecutors to use a transcript of the deceased's testimony at Dennis' trial next month.
Attorney Tom Devine told Pulaski County Circuit Judge Chris Piazza that allowing the transcript, taken from an August hearing, would deprive Dennis, 49, of his constitutional right to confront his accusers.
Devine also said that prosecutors had not turned over information about another witness, a former jailmate of his client. Prosecutors promised at Thursday's hearing that the information would be forthcoming.
In regard to the deceased witness's transcript, Dennis was represented by a different lawyer in the August hearing where that testimony was given, and Devine said he would have handled things differently if he had been representing Dennis at the time.
"There are things in that transcript that I would have asked differently if I had been the attorney of record," Devine said.
An April 28 hearing has been scheduled to resolve the matter.
Dennis is to stand trial May 20 on capital-murder and kidnapping charges, accused of participating in the abduction of Forrest Abrams and Tyler Hodges, and in Abrams' slaying.
Abrams, 18, was found shot dead at West 11th and South Woodrow streets in Little Rock, about a half-mile from where Hodges said he had last seen Abrams.
Prosecutors are seeking a life sentence for Dennis. Police have said two other men, their identities unknown, were involved in the crime. Dennis has denied wrongdoing, saying his prosecution is politically motivated.
Dennis was arrested three weeks after the killing. His arrest sparked an effort by the Arkansas Legislature to overhaul the state's parole system after lawmakers learned that Dennis had been released from jail 32 hours before Abrams' killing and that he was an eight-time parole absconder who had amassed 10 new felony drug charges since his release but had not been returned to prison. He has since been sentenced to 60 years in prison for those drug offenses.
Dennis is now petitioning the Arkansas Supreme Court to replace the prosecutors, the judge and his defense attorneys in his kidnapping and murder case.
Witness Alvin Cooper of Jacksonville died Dec. 21, but prosecutors did not find out about the death until earlier this month, senior deputy prosecutor Marianne Satterfield wrote in a motion asking to be allowed to use the transcript of Cooper's testimony. A cause of death was not released, but Cooper was in a wheelchair and appeared to be in poor health when he testified before the judge in August.
According to court files, Cooper testified that he was at the Golden Foods convenience store at West 12th and Woodrow streets where Hodges said he and Abrams were abducted. Cooper testified that he saw Dennis, whom he knew only by the nickname Red, talking to two men in a red Chevrolet Tracker. Abrams owned and was driving a red Tracker that night, according to police.
He described Dennis as an acquaintance of 10 years. Cooper testified that he was in a vehicle that had stopped for gas at the store when he saw Dennis.
"I noticed a Tracker vehicle to my left, and I hollered over there, and I say, 'Hey, Red, you up to no good?' And that's basically about it," Cooper said, according to the transcript. "I was just really joking with him."
Cooper gave a statement to detectives on June 5 and picked Dennis out of a photo lineup as the man he knew as Red. He also received a Crime Stoppers reward for his efforts.
"I know him when I see him," Cooper told the judge, the transcript shows. "I picked him out because that's Red."
Hodges testified at that same August hearing that he and Abrams, whom he'd first met that night, were at the store for Hodges to buy cigarettes. Hodges said a man, whom he later identified as Dennis, was talking to Abrams about buying drugs, and Abrams let Dennis into his SUV in which Hodges was a passenger.
Dennis pulled out a gun and made Abrams move into the passenger seat, then Dennis drove them to another location where they were placed in the back seat of a second vehicle with two armed men, Hodges testified. He said Dennis appeared to be the leader of the three.
Hodges said he was ordered at gunpoint to give up his wallet and bank card. In that second vehicle, Dennis drove all of them to a bank where Dennis tried to withdraw money from Hodges' account, Hodges said. The transaction didn't go through because the account had been closed for a year, Hodges testified.
Hodges said he talked the men into taking him to his cousin's house with the promise of being able to get money there.
Police said Hodges was able to get away after entering his cousin's home, where another relative called police.
Metro on 04/17/2015