FAYETTEVILLE — The new attorneys for convicted murderer Zachariah Marcyniuk, who was sentenced to death for killing his former girlfriend, have filed a motion claiming he did not receive effective counsel.
Marcyniuk, 31, was sentenced to die by lethal injection for the March 2008 murder of Katie Wood.
Filed in Washington County Circuit Court, the motion says Marcyniuk deserves a new trial or to have his death sentence vacated and a new sentencing hearing set because his attorneys failed to ask prospective jurors whether they would automatically vote to impose the death penalty upon a conviction, regardless of the circumstances.
The motion also contends the defense failed to object when several jurors who may have opposed the death penalty on religious or conscientious grounds were stricken or excluded from the panel by the court for their views.
Defense attorneys also failed to adequately investigate or call witnesses, including a former girlfriend, who may have provided evidence to back up the defense claims that Marcyniuk suffered from mental disease or defect, according to the motion. It also contends defense attorneys failed to use juror questionnaires or adequately prepare their witnesses and failed to request a change of venue.
Prosecuting Attorney John Threet said he is prepared to argue against the allegations.
“I think W.H. Taylor andthe attorneys who represented him [Marcyniuk] did a very effective job with what they had,” Threet said.
Wood was a 24-year-old University of Arkansas student in 2008. She and Marcyniuk dated for a time and she ended the relationship.
Marcyniuk broke into Wood’s Fayetteville apartment in the early hours of March 9, 2008, and waited for her to return home. Wood was attacked after she opened her front door.
Marcyniuk dragged Wood inside her apartment and stabbed her to death. He left Wood’s body in the bathtub and fled.
Marcyniuk’s December 2008 capital-murder conviction and resulting death sentence were upheld by the Arkansas Supreme Court in May 2010. Judges said there was ample evidence for a jury to believe Marcyniuk acted deliberately and with premeditation.
The high court in August refused Marcyniuk’s request for a rehearing.
The appeals process in Arkansas for death-penalty cases now averages more than a decade, according to state prison officials.
Arkansas, Pages 19 on 11/26/2010