Court: Lawyer whiffing at Bentonville trial isn't enough for new hearing

Brandon Lacy
Brandon Lacy

A Benton County inmate isn't entitled to a new sentencing hearing just because his trial lawyer may have delivered "one of the worst" closing arguments of his career, the Arkansas Supreme Court ruled Thursday.

The court reversed a Benton County judge's order for a new sentencing hearing, sent the case back to the lower court and asked the judge to use a more objective test for whether attorney Steve Harper provided adequate representation for Brandon Lacy of Rogers.

Lacy was sentenced to death after he was found guilty of capital murder and aggravated robbery in the 2007 slaying of Randall Walker, who family members said was suffering from symptoms of multiple sclerosis.

Harper told the high court he was under stress during Lacy's trial and gave a closing argument that was "one of the worst I've ever given."

"The circuit court erred because, when explaining its decision to grant a new hearing, it referenced only Harper's own assessment of his performance," Associate Justice Rhonda K. Wood wrote in the opinion.

Wood wrote an objective standard is required to judge Lacy's claim of ineffective counsel.

Harper, who was the lead counsel in Lacy's case, was very critical of his performance at a September 2014 hearing. Harper testified at the hearing he opposed the death penalty and wanted to see Lacy get a new trial.

Harper's relationship with Lacy was also an issue in the proceedings. Harper told the jury during sentencing in 2009 Lacy "had become like not a son to me, more like a grandson."

Harper also asked the panel not to kill his friend or order his death, according to court documents.

Didi Sallings, former executive director of the Arkansas Public Defender Commission, testified in September 2014 Harper had grown close to Lacy. Testimony during the 2014 hearing revealed Harper was removed from representing other capital defendants. Harper testified Sallings didn't like his job performance on the Lacy case.

Benton County Circuit Judge Robin Green said in her ruling in December 2014 Harper's opposition to the death penalty and his closeness to Lacy caused her to question whether the attorney could be objective during the sentencing phase.

A medical examiner's report concluded Walker died of blunt force trauma after being beaten with a fireplace poker and stabbed. His burned body was found in the bedroom of his mobile home, which had been set on fire.

Lacy and Broderick Laswell of Farmington were both charged in the killing. Laswell was found guilty and sentenced to life without parole in 2011.

Nathan Smith, Benton County prosecutor-elect at the time of the 2014 hearing, said at the time he thought Lacy had effective counsel.

"It is unfortunate that the work of a Benton County jury has been undone by the testimony of one of the defendant's attorneys, Steve Harper ," said Smith, who is now the county prosecutor.

"Though Mr. Harper expressed no doubts during Mr. Lacy 's trial as to his strategy, years after the fact he claimed that he didn't do a good job and testified that he is an adamant opponent of the death penalty. Although we believe that the record conclusively showed that Mr. Lacy 's four state-appointed attorneys provided competent representation, the court disagreed," he said.

The Supreme Court's order Thursday also denied a separate appeal from Lacy asking for relief because his lawyer didn't argue he had a mental defect because of alleged alcohol-fueled blackouts and memory lapses. Wood wrote several mental health experts failed to find Lacy incompetent to stand trial.

Lacy's attorney for the appeal, Patrick Benca, was unavailable for comment Thursday.

NW News on 02/05/2016

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