Prosecutor: Defense in murder case knew of witnesses' jail-cell conversation; no reason for new trial

Two eyewitnesses to a 2016 murder were held in the same jail cell, but the defense knew that fact before Malcolm Harris was convicted in a jury trial, a Cape Girardeau County prosecutor said.

A judge should not acquit Harris or grant him a new trial, assistant prosecuting attorney Angel Woodruff wrote in response to a defense motion.

Defense attorney Stephen Wilson filed a motion earlier this month asking trial judge Benjamin Lewis to acquit his client or order a new trial. Wilson argued in part the prosecution failed to disclose before trial witnesses Terrell Hunt and Rodney Smith were held in the same Cape Girardeau city jail cell.

Hunt only provided a written statement to police after discussing the case with Smith, Wilson said in his motion.

According to the defense motion, Woodruff said after the trial concluded last month that "the police had purposely placed Hunt and Smith in the same cell because they didn't think Hunt was going to 'flip.'"

Wilson argued the prosecution's action denied his client a fair trial.

But in a written response filed this week in Cape Girardeau County Circuit Court, Woodruff said the information Hunt and Smith shared a cell was "fully disclosed" to defense counsel in advance of the trial.

"Ironically, defense counsel used the fact that these two witnesses were placed in a cell together as a firm basis for his defense," she wrote.

During the three-day trial, the defense counsel "repeatedly raised this issue to the jury" and argued the two witnesses "conspired to fabricate a story implicating the defendant in the murder of Domorlo McCaster," Woodruff said.

She said Hunt and Smith were "intentionally placed in the same cell together by police."

Smith already gave a detailed account of the events surrounding the murder before he and Hunt were placed in the same cell, Woodruff said.

Hunt denied any firsthand knowledge of the crime before being placed in a cell with Smith, the assistant prosecuting attorney aid.

After speaking with Smith, Hunt gave a written statement to police implicating Harris, Woodruff said.

Woodruff wrote that for the defense "to now claim ignorance of this evidence is disingenuous and completely without merit."

Wilson's motion also argued his client should be acquitted on the basis of "insufficient evidence." But Woodruff said it was up to the jury to determine the credibility of witnesses' testimony and the jury found "sufficient evidence" to convict Harris.

Wilson also argued for a new trial on the grounds admission of testimony that Harris married his girlfriend Clarissa Simpson after the murder prejudiced the case.

But Woodruff wrote, "Simpson's participation in the cover up of the murder occurred before their marriage ... and the state was careful to note that Simpson was the girlfriend" of Harris at the time of the crime.

Woodruff said prosecutors made no arguments to the jury as to the timing of the marriage and "there was certainly no argument made that the marriage was conducted in an effort to avoid Simpson testifying on behalf of the state."

Woodruff said "the defendant has failed to demonstrate how he was prejudiced by the jury hearing" that Harris and Simpson had married.

Harris is scheduled to be sentenced Nov. 17.

mbliss@semissourian.com

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