BENTONVILLE -- Judge Robin Green denied the first attempt by a convicted killer to withdraw his murder plea.
Grant Hardin, 49, pleaded guilty in October to first-degree murder and was sentenced to 30 years in prison. He was originally charged with capital murder but agreed to plead guilty to the lesser charge under a agreement with prosecutors.
He admitted Oct. 16, 2017, to shooting and killing James Appleton, 59, while he sat in his pickup on Feb. 23, 2017.
Hardin filed a motion last month asking for more time to file a petition to withdraw the murder plea on the basis that he received ineffective assistance from his lawyer.
Hardin claims in his petition he told Shane Wilkinson, his attorney, shortly after the plea that he wanted to withdraw his plea. He states Wilkinson told him there are no allowances by law to withdraw the plea.
Hardin claimed that he could not file the petition because of difficulties while being in the Benton County Jail and then after he was transferred to prison.
The judge filed a order last week denying Hardin's petition.
Thomas Allgood, deputy prosecutor, filed a response seeking the denial. The response claims that Hardin's request should be denied since the time frame had passed for him to file a petition concerning ineffective assistance of counsel.
Hardin is being held in a prison in Calico Rock.
Hardin faces charges in connection with the 1997 rape of a then Rogers school teacher. He has pleaded not guilty to three counts of rape, sexual abuse and kidnapping.
Hardin's arrest came after his DNA was linked to the crime.
Rogers police obtained a warrant in 2003 for a "John Doe" suspect in the case.
A John Doe warrant is an arrest warrant for an individual whose name isn't known. The statute of limitations for rape in Arkansas is six years, and the warrant was filed before time expired.
Hardin was the Gateway police chief from January 2016 to May 2016.
NW News on 04/12/2018