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Lawyer's handling of murder case draws suspension Thursday, Jun 26, 2008 Arkansas News Bureau LITTLE ROCK - The state panel that disciplines lawyers has suspended a Bentonville attorney whose shoddy defense led to a new trial for a convicted murderer. The Supreme Court Committee on Professional Conduct suspended lawyer Johnnie Gross' law license for a year because of his conduct in representing Roger Dale Barrett, who was convicted of capital murder. The suspension was effective June 23. In July 2001, a Benton County jury convicted Barrett of capital murder in the shooting death of his mistress, Eunice Bradley. Prosecutors did not seek the death penalty in the case, so Barrett was automatically sentenced to life in prison without the possibility of parole. The conviction was affirmed in September 2003. In February 2006, Circuit Judge Tom Keith granted Barrett's petition for post-conviction relief - a new trial - on grounds that Gross did such a poor job that it deprived Barrett of a fair trial. The state Supreme Court upheld Keith's decision last year. The professional conduct committee served its misconduct complaint on Gross in March. Among its findings, the panel concluded Gross failed to formulate any kind of trial strategy; failed to properly present a plea offer from prosecutors on the eve of Barrett's trial; and did not properly counsel Barrett on his right to testify in his own defense. Barrett did not testify during his trial, but at a post-conviction relief hearing testified that he shot Bradley by accident. The committee also found Gross either directed or allowed his secretary to convey to Barrett's wife, Nora, to take the Fifth Amendment if called to testify at the trial, effectively giving her legal advice. Nora Barrett also was a suspect in the killing and Gross should have known her interests were adverse to is client's, the panel said. The panel also found that Gross, who at the time had little law experience and had never tried a murder case, lured Barrett away from a more experienced public defender. |
