1. That the Defendant was convicted of three counts of capital murder and the Judgment and Commttment was filed in this Court on March 19, 1994. That this Motion is timely filed pursuant to Rule 59 of the Arkansas Rules of Civil Procedure.
2. That as a basis for this Motion, the Defendant states that a new trial should be granted based upon the following:
(a) That the Court in this case denied on multiple occassions the Motion of the Defendant for a separate trlal; that the Court's denial of this Motion constituted an abuse of discretion and denied the Defendant a fair trial;
(b) That the Prosecuting Attorney's office was guilty of misconduct by virtue of an ex parte communication that took place on March 17, 1994. That pursuant to Rule 59 of the Arkansas Rules of Civil Procedure, an affidavit is attached hereto and incorporated herein as Exhibit "A" setting forth in greater detail the misconduct of the Prosecuting Attorney's office; and
(c) That the Court was aware of threats and harassing communications being received by the jury and discussed those matters with the jury inslde the jury room. That these matters occurred approximately two weeks into a four week trial. That the Court failed to advise defense counsel of his communication with the jury and that said action on behalf of the Court constitutes an abuse of discretion.
3. That the Defendant specifically requests that a hearing be held, that the Defendant be present during said hearing, and that a full record be made of said hearing and included in the transcript of this matter.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court enter an Order granting him a new trial, that the Judgment of Conviction filed herein on March 19, 1993, be set aside and held for naught, and for any and all other proper relief to, which he may show himself entitled to.
Respectfully submitted,
BY: Paul N. Ford (signed)
PAUL N. FORD (#87060)
REES LAW FIRM
702 N. Missouri
West Memphis, AR 72301
(501) 735-6223
STAMP: FILED
MAR 29 1994
PAT FLEETWOOD
CIRCUIT & CHANCERY COURT CLERK
