Conviction upheld in stabbing death

Despite trial behavior, verdict stands

The Arkansas Supreme Court on Thursday upheld the first-degree murder conviction of a Faulkner County man in the stabbing death of his former girlfriend.

The court found that Circuit Judge Charles Clawson Jr. did not err when he proceeded with Ronald Britton’s trial despite the defendant’s erratic behavior.

Britton was sentenced to life in prison in the death of Michelle Asher, 26, whose body was found outside her home in Greenbrier on Aug. 14, 2010.

The convicted killer’s new attorney said Britton’s conduct was so extreme that the trial should have been halted and a new competency hearing should have been held.

But Justice Paul Danielson, writing for the unanimous court, noted that no one raised the issue of competency after the beginning of the trial and that “being more irritable, agitated, and aggressive is not the equivalent of being incompetent to stand trial.”

“[T]his court cannot say that there was sufficient evidence before the circuit court to cause a reasonable doubt about Britton’s capacity to understand the nature and object of the proceedings against him, to consult with his counsel, and to assist in preparing his defense,” Danielson wrote.

When Asher’s body was found facedown in her yard, her throat had been cut and she had been stabbed three times in the back of the neck.

Britton, who had previously threatened Asher, was found the same day in El Dorado. Asher’s vehicle was discovered at a gas station in Cabot, where security camera video showed Britton getting out of the car. A spot of blood on a hat Britton was wearing when he was arrested matched Asher’s.

At trial, the defense and prosecutors presented testimony from experts who agreed that Britton has bipolar disorder. But the experts disagreed on whether the man was able to make his behavior conform with the law.

The jury found Britton guilty and he appealed.

In its opinion, the high court also rejected Britton’s arguments that he should have received a mistrial after an outburst in front of the jury and that the judge erred by requiring him to wear a stun belt, shackles and handcuffs.

Danielson wrote that the judge reminded the jury that his outburst should not be considered when deciding his guilt or innocence and that the restraints were needed after he tried to attack a witness.

“Britton’s own conduct brought about the need for the restraints, and he was not denied his right to a fair trial. We cannot say that the circuit court abused its discretion in determining that the restraints were reasonably necessary to maintain order and security in the courtroom,” Danielson wrote.

Janice Vaughn, the public defender who represented Britton in the appeal, said she was disappointed in the ruling, but declined to comment on the specifics of the opinion.

It’s unclear whether there’ll be an appeal, Vaughn said.

Aaron Sadler, a spokesman for the attorney general’s office, said, “We are pleased with the ruling.”

Arkansas, Pages 13 on 05/02/2014

Upcoming Events