Bentonville lawyer suspended
Posted on Thursday, June 26, 2008
BENTONVILLE - A Bentonville attorney's law license has been suspended for his representation in a capitalmurder case.
The Arkansas Supreme Court Committee on Professional Conduct released its findings Wednesday suspending John Gross from practicing law for one year.
Gross represented Roger Dale Barrett during his first murder trial.
Barrett, 48, was charged with capital murder, a class Y felony. He was accused of killing a former girlfriend, Eunice "Yogi "Bradley.
Bradley, 40, of Healing Springs, died from a gunshot wound to the chest from a. 22-caliber gun. Firefighters fighting a brush fire near Highfill found her body.
Barrett was found guilty of capital murder in July 2001 for killing Bradley. He was sentenced to life in prison.
Barrett later sought a new trial on grounds that Gross provided him an inadequate legal representation that led to Barrett's conviction.
Barrett did not testify during the first trial; however, he claimed during an evidentiary hearing seeking a new trial that he accidentally shot Bradley, who died the night before her burned body was found on Aug. 22, 2000. Barrett testified he accidentally shot Bradley when the pair were struggling over a gun in his home on Wager Road near Cave Springs.
Barrett also admitted to burning Bradley's body and throwing the gun into a pond. The gun was never recovered.
Circuit Judge Tom Keith granted Barrett a new trial because Keith believes Barrett's attorney during the trial - John Gross - did such a poor job of defending Barrett that it deprived him of a fair trial.
The Arkansas Supreme Court upheld Keith's decision to grant Barrett a new trial.
Barrett's second jury trial is scheduled for Nov. 18.
The committee on professional conduct found Gross violated the rules by doing the following: • Failing to formulate any kind of trial strategy and not using reasonable judgment; • Soliciting to represent Barrett while his case was being handled by the Benton County Public Defender's Office; and • While representing Barrett, Gross had his secretary, who was having an affair with Barrett's stepson, convey to Barrett's wife, Nola Barrett, that she should take the Fifth Amendment if called to testify at the trial.
The committee also claimed Gross arranged for his secretary to communicate with Barrett about setting up a meeting between Gross and Barrett.
Gross is no longer a practicing attorney. He could not be reached for comment.
Barrett served more than six years in prison before his release.
He is currently free on $ 150, 000 bond.
FEEDBACK:
Something to say about this topic? Submit a Letter to the Editor online
