December jury trial scheduled in Hardin case

Grant Matthew Hardin
Grant Matthew Hardin

BENTONVILLE -- The former Gateway police chief and convicted killer accused of the 1997 rape of a Rogers school teacher will go on trial in December.

Grant Hardin, 49, is charged with three counts of rape. He previously pleaded not guilty to the charges.

Hardin appeared in court Monday and Circuit Judge Robin Green scheduled his jury trial to begin on Dec. 11.

Defense attorney Kevin Lammers requested the trial take place in spring 2019, but Benton County Prosecutor Nathan Smith objected and wanted a earlier trial date.

Earlier Lammers told the judge the defense received the file from the Arkansas Crime Laboratory which was more than 1,000 pages, with many concerning DNA. He said they do not expect to retest the DNA sample connected to Hardin, but want to hire an expert to consult on the case. The defense said it is planning to send the file to an Oklahoma City firm.

Lammers also said the defense is researching and collecting information including Hardin's work history since 1997. The crime occurred on a Sunday morning, and Lammers said Hardin worked on Sundays.

Smith said he believes the sample was consumed with two tests, so retesting would not be a option.

Hardin was faced charges of sexual abuse and kidnapping, but Smith said they decided to dismiss those charges.

Lammers had filed a motion requesting that the sexual abuse and kidnapping charges be dismissed due to the statute of limitations.

Smith said he was not conceding Lammers is correct about the statute of limitations claim, adding there are different opinions on the issue.

The judge scheduled hearings for Nov. 13 and Dec. 10.

Hardin was arrested in February. Rogers Police Chief Hayes Minor said DNA from the rape linked Hardin to the case.

The teacher was at the school Sunday, Nov. 9, 1997, preparing for the week's classes while a church service was being held in the cafeteria. About 11:30 a.m., the teacher decided to use the restroom. A man wearing a knit stocking cap and sunglasses brandished a pistol, raped her and fled, according to a news release.

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 limitation for rape in Arkansas is six years, and the warrant was filed before time expired.

Hardin is serving a 30-year prison sentence for the 2017 killing of James Appleton.

NW News on 08/14/2018

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