MonticelloLive

Drew Circuit Court Judge Bynum Gibson granted a new sentencing hearing for a convicted drug dealer ruling that Leon Harden’s attorney, Jack Kearney of Little Rock, made “major mistakes” during sentencing portion of Harden’s April 19, 2006 trial.

Following a sentencing hearing at which Harden’s attorney offered no mitigating evidence, the jury recommended an 80 year sentence.

Harden had 2 co-defendants; Brandon Jenkins, who accepted a plea bargain for a 20 year sentence, and LeKenya Robinson, who accepted probation.

The court found that the state had offered Harden the same plea bargain that Jenkins accepted, but Harden’s lawyer, Kearney didn’t relay that to Harden.

Kearney also wasn’t aware of the maximum sentence that Harden would get if he were to be convicted, since the amount of cocaine possessed was over 400 grams.

Court documents reflect several “major mistakes” that took place by the actions, or lack of actions, by Mr. Kearney, such as allowing inappropriate testimony during the “guilt” portion of the trial, by not objecting.

Another mistake was not having Harden testify that he had no previous (criminal) record, as had been testified to, by one of the co-defendants who had accepted a plea-bargain.

Kearney not only didn’t have his client testify, but admitted that he never even discussed the option with him, to the point where the court used the phrase, “He never had the benefit of professional advice.”

According to Court record, “This is the first (rule 37) petition that this Court has granted.”

The new hearing will be the punishment (sentencing) trial only, since the state’s case during the guilt preceding was overwhelming.  Therefore the conviction remains unaffected.

“This Court is not vacating the sentence.”  The minimum sentence remains 40 years, so Harden will remain incarcerated until the conclusion of the sentencing portion of the new hearing 

A new jury will decide whether he deserves a sentence of 40 years, 80 years or life in prison.

Craig Lambert, Harden’s new attorney, also requested a new trial for Harden, although Gibson denied that motion.