Leach Loses Appeal to Arkansas Supreme Court

BY MELANIE BUCK –

An appeal made to the Arkansas Supreme Court by Raymond D. Leach, has been dismissed based on the findings of Associate Justices, Josephine Hart and Paul Danielson, that the appellant’s motions are moot. Leach is currently serving a sentence of life without the possibility of parole in the Arkansas Department of Corrections for the July 17, 2009 murder of Christopher Casey.

Leach was found guilty of capital murder in Polk County Circuit Court in June 2011. After losing one appeal, he is now appealing a second time, claiming that there was insufficient evidence and ineffective counsel on several issues.

During the original trial, Tyler Prine told jurors that he was riding in a pickup truck with Casey and Leach. He testified that Casey was driving, Leach was in the passenger seat, and Prine himself, was in the middle. As Casey turned onto Prine Lane in Cove, Prine said Leach lunged from the seat across Prine and began to assault Casey. As Prine attempted to separate the two, he discovered that Leach had a knife, and fled the vehicle.

In a statement to police following the murder, Prine stated that Leach then moved out of the vehicle from the passenger door and Prine asked Leach what he had done, to which Leach responded, “I killed him; I thought you wanted me to!”

Leach maintains his innocence and says he has no memory of the incident and that he was so incoherent that Prine could have convinced him to stabb Casey. He also claims that Prine was driving. All three were found to be intoxicated at the time of the incident.

In his appeal, Leach claimed, “Counsel failed to procure the attendance at trial of witnesses who were material to the defense and who could have testified to threats made by Tyler Prine against the victim and to threats made by Prine to the potential witnesses to prevent them from testifying.” However, the Supreme Court found that Leach “did not demonstrate that there was a witness who could have provided admissible evidence…”

Leach also claimed that, “Prine was the one who was angry at the victim; it was Prine who was driving, and the forensic evidence showed that it would have been practically impossible for appellant to inflict the wounds to the victim; Prine had the key to the tool box where the knife was found; Prine committed perjury concerning where certain pills were obtained; Prine may have given appellant the pills that impaired his thinking or maybe spiked his drink and then Prine killed the victim. Appellant further stated in the petition that, even if he did in fact kill the victim, he would not have done so if Prine had not supplied the drugs that affected him so adversely. He argued that, under the circumstances that suggest Prine was culpable, counsel was ineffective for not asking that the jury be instructed on accomplice liability.” The Courts found that Leach, “did not show that establishing that Prine was an accomplice to capital murder would impact the outcome of appellant’s case.”

The Court also pointed out that, “If appellant intended the allegation to be that he would not have been as culpable if he had Prine as an accomplice, the law in Arkansas makes no distinction between the criminal liability of a principal and an accomplice. When two or more persons assist one another in the commission of a crime, each is an accomplice and criminally liable for the conduct of both.”

In his appeal, Leach said that his counsel denied three plea bargains without relaying that he had the option of a plea bargain, one of which he claims he would have taken had he been made aware. However, in an affidavit from Prosecuting Attorney Andy Riner, he states that says no such pleas were offered.

Leach does have other options of appeal but it is not known at this time if he will pursue those options.

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