Suspect In Murder May Go Free

A one-time death-row inmate could be freed next week if Pierce County prosecutors can’t resurrect evidence from a crime nearly 13 years ago.

Prosecutor John Ladenburg said chances are slim that his office can muster enough evidence so long after the crime to convict Benjamin Harris III, whose aggravated murder conviction was overturned by a federal judge three years ago.

“We’re going back and taking a look to see what evidence we’ve got to take him to trial,” Ladenburg said. “If we don’t, we can’t continue to hold him.”

The prosecutor commented after Pierce County Superior Court Judge Tom Swayze ruled Wednesday that Harris is mentally competent to stand trial a second time in the 1984 fatal shooting of Tacoma mechanic Jimmy Lee Turner.

Ladenburg said he expects to make the decision whether to proceed to trial or to free Harris early next week. “It doesn’t look good,” he said.

Defense attorney Neil Hoff sees the situation very differently.

“I think the whole 13-year process was a corruption of our judicial system,” Hoff said in a telephone interview Thursday.

“The state allowed him to be represented by a man who they knew wasn’t prepared, and then sat by while a great injustice was taking place,” he said.

“The justice system should let him out right now rather than prolong the agony,” Hoff said.

“They haven’t got any witnesses. They know that they can’t win. They’re just being stubborn. He’s suffered enough.”

Harris was accused of hiring Gregory “Gay Gay” Bonds of Tacoma to kill Turner and others under a $1,000 contract.

Harris denied hiring anyone to commit murder, but he testified at the trial that he and Bonds went to Turner’s home to confront him about a car repair dispute. Harris said he and Bonds each fired one shot at Turner from the same gun.

Harris was convicted and sentenced to death, but a new lawyer appealed in federal court.

U.S. District Judge Robert Bryan in 1993 overturned Harris’ conviction, saying Harris’ trial attorney, the late Murray Anderson, did not investigate the case thoroughly, did not interview important witnesses and did a poor job of representing Harris.

The 9th U.S. Circuit Court of Appeals unanimously upheld Bryan, agreeing that Harris received inadequate representation by his court-appointed lawyer.

Once the state lost the appeal, Pierce County prosecutors charged Harris again with first-degree aggravated murder. But the trial was delayed for more than a year because prosecutors and defense attorneys alike wanted Harris examined at Western State Hospital to determine his mental competency.

A Western State psychologist testified Tuesday that despite improvements under drug therapy, Harris continues to be mentally unstable and unable to assist in his defense case. The psychologist said Harris could be a danger to the public if he is released.

Pierce County chief criminal deputy prosecutor Gerry Horne argued that Harris should remained confined at Western State indefinitely.

But defense lawyer Neil Hoff argued that Harris was fully competent and able to assist his lawyer and to understand the complexities of the case.

In ruling for the defense, Swayze said that Harris suffered from some paranoia, but that mental illness wasn’t sufficient to cloud Harris’ understanding of the charge or to make him unable to help his defense lawyer.

Horne said preparing a new trial against Harris would be difficult.

Witnesses have either died or are unwilling to testify. Memories have dimmed. And Swayze might not allow testimony from Harris’ 1984 trial to be used in his second trial, Horne said.

Had prosecutors been able to convince Swayze that Harris was still incompetent, they would have dropped the murder charge but moved to have Harris civilly committed to Western State indefinitely.