Benton County judge denies convicted killer's request

Brandon Lacy
Brandon Lacy

BENTONVILLE -- A murderer who was sentenced to death won't receive another sentencing hearing.

Brandon Lacy, 38, of Rogers was sentenced in 2009 after he was found guilty of capital murder and aggravated robbery in the killing of Randall Walker, 47, of Garfield in 2007.

Benton County Circuit Judge Robin Green on Wednesday reversed a decision she made in 2014 when she granted Lacy a new sentencing hearing.

Lacy sought to overturn his death conviction and claimed his case was prejudiced based on his defense team's poor performance.

Green presided over a hearing in 2014 concerning Lacy's claims about his legal representation at trial.

Steve Harper, lead counsel in Lacy's case, was critical of his performance at trial when he testified in September 2014. Harper rated his performance as a 1 on a scale of 1 to 10. Harper also said he's opposed to the death penalty and wanted Lacy to get a new trial.

Green's order mentioned Harper's relationship with Lacy. Harper told the jury during sentencing Lacy "had become like not a son to me, more like a grandson."

Green found in 2014 that Lacy was entitled to another sentencing hearing and not a new trial. Lacy never had the new sentencing hearing because Green's ruling was appealed to the Arkansas Supreme Court.

The Arkansas Attorney General's Office handled the appeal for the state, and Green's 2014 ruling was reversed in November by the state Supreme Court and remanded to her.

The state Supreme Court wanted Green to apply an objective standard to Lacy's claim his defense was ineffective and it deprived him of a fair trial.

Green found Lacy failed to show his trial defense was unprepared or its performance was deficient or a deficient performance resulted in Lacy being deprived of a fair trial.

She also found Lacy's trial attorney wasn't deficient and Lacy suffered no prejudice.

"I am pleased that the court agreed with our argument and denied the defendant's petition," said Nathan Smith, Benton County's prosecutor. "I am hopeful that this ruling will eventually lead to some closure for Mr. Walker's family and ensure that justice is done for this senseless murder."

Broderick Laswell, 28, of Farmington also was convicted of capital murder and aggravated robbery in the case. He was sentenced to life imprisonment without parole.

Walker's burned body was found Aug. 30, 2007, in the bedroom of his Beaver Hollow Road home.

Jurors heard Lacy's recorded confessions in which he admitted hitting Walker twice on the head with a fireplace poker. Lacy also admitted stabbing Walker with the poker and said Laswell hit Walker with a weight bar. Lacy also said he cut Walker's throat.

Investigators found the fireplace poker, the weight bar and a knife blade prosecutors believe were used to kill Walker.

A medical examiner said Walker was alive when the fire was set.

Lacy is being held on death row at Varner Supermax in Gould. Laswell is being held in the Cummins Unit in Grady.

NW News on 01/28/2017

Upcoming Events