Defense attorney seeks acquittal/new trial for convicted murderer

The attorney for convicted murderer Malcolm Harris has asked the judge in the case to acquit his client or grant him a new trial, partly because two of the state's witnesses were held in the same jail cell.

Attorney Stephen Wilson filed a motion Tuesday in Cape Girardeau County Circuit Court.

In the court document, Wilson wrote that Harris, of Cape Girardeau, should be acquitted of second-degree murder and armed criminal action because "there was not sufficient competent evidence to show beyond a reasonable doubt" that his client caused the death of Demorlo McCaster.

Wilson said prosecution witness Terrell Hunt was "the only witness who claims to have actually seen what happened." According to Wilson, Hunt indicated that "he did not believe that Malcolm Harris knew what he was doing at the time the shot was fired."

Harris also should be acquitted of tampering with evidence because any effort to dispose of the gun by eyewitness Rodney Smith "was not done with the knowledge of the defendant or at the defendant's direction," Wilson wrote.

In the event Judge Benjamin Lewis won't grant the acquittal motion, Wilson asked that the judge grant a new trial.

Wilson said prosecutors failed to disclose before trial that Hunt and Smith had been placed in the same Cape Girardeau city jail cell. Hunt only provided a written statement to police after discussing the case with Smith, Wilson said.

According to the motion, assistant prosecuting attorney Angel Woodruff said after the trial was over that "the police had purposely placed Hunt and Smith in the same cell because they didn't think Hunt was going to 'flip.'"

Wilson said that the prosecution's failure to disclose that fact to the defense denied Harris a fair trial. That information, Wilson said, could have provided "plausible and persuasive evidence to support the theory that the defendant was innocent and Rodney Smith and Terrell Hunt were given an opportunity to make sure their stories regarding what happened at the time of the shooting matched up."

Wilson also argued that "graphic" photos presented by the prosecution as evidence "were only offered with a purpose to inflame the passion of the jury and prejudice the defendant's right to a fair trial."

According to the motion, the judge's denial of a defense request to prevent the state from referring to Clarissa Simpson as the wife of Malcolm Harris also prejudiced the case. Neither Harris nor Simpson testified at the trial.

Wilson also said prosecution witness Shaneika Robinson was in contact with the father of Rodney Smith before she testified in "an attempt to coordinate testimony."

As of Wednesday, prosecutors had yet to file a response to the defense motion.

After a three-day trial, a jury on Sept. 14 in Jackson convicted Harris in the May 14, 2016, shooting death of McCaster. Harris is scheduled to be sentenced on Nov. 17.

mbliss@semissourian.com

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