Published February 29, 2008 09:32 pm - The Andrew Reid Lackey capital murder trial went to the jury late Friday, but after meeting for a half-hour the jury foreman sent word that the panel wished to commence deliberations Monday.
The four-count indictment charges Lackey with capital murder during a burglary, capital murder during a robbery, burglary and robbery.
Jury out in Lackey trial
By Karen Middleton
karen@athensnews-courier.com
The Andrew Reid Lackey capital murder trial went to the jury late Friday, but after meeting for a half-hour the jury foreman sent word that the panel wished to commence deliberations Monday.
The four-count indictment charges Lackey with capital murder during a burglary, capital murder during a robbery, burglary and robbery.
After charging the seven-woman, five-man jury, Circuit Judge Bob Baker told them he would “stay up here all night if that’s what you want to do.” However, Baker also gave them the option of coming back on Monday because he said he would not hold them over the weekend.
Lackey, 24, is accused of the Halloween Night 2005 slaying of 80-year-old Charlie Newman in the den of his North Hine Street home. District Attorney Kristi Valls said that Lackey was acting under the notion that the former contractor had a vault built into a room under his stairwell in which he kept large supplies of cash and gold bars.
Under questioning, Derrick Newman, the victim’s grandson, admitted that he told Lackey, who had been his friend since fourth grade, that his grandfather was “mean” and was a multimillionaire. He told Lackey he had seen his grandfather emerge once from the room under the stairs with a zippered bag of money.
It can be heard clearly on a recording of an open-line 911 call originating from Newman’s home on the night of the killing, someone repeatedly demanding, “Where’s the vault? Where’s the vault?”
Valls said that voice is Lackey’s. Defense attorney Randy Gladden does not deny that the voice is Lackey’s, but on Friday defense witnesses, including Lackey’s mother, Sharon Lackey, and clinical psychologist Frankie L. Preston both talked of a disturbed young man, who according to his mother, has shown troubling characteristics from the time of his birth. Preston said his preliminary diagnosis was that Lackey had a mild form of autism.
No insanity plea
However, Baker reminded the jury that, “There is not a plea of not guilty by reason of mental disease or defect. This is not a case of not guilty by reason of insanity.”
Gladden said he hired Preston to do a mental health evaluation on Lackey in March 2006 while he was being held in Limestone County Jail. However, after performing the battery of tests, concluded that while Lackey displays a “generalized anxiety disorder, in particular social phobia during his formative years,” he was “sane and knew right from wrong.”
Gladden did not launch an insanity defense. With overwhelming evidence, including a gunshot wound to Lackey’s chest coming from Newman’s gun and the discovery of the gun in Lackey’s rental car, as well as irrefutable DNA evidence, the most Gladden could hope for was to save Lackey from the capital murder conviction, which carries with it the possibility of a death sentence.
No intention to kill
Gladden contended that Lackey traveled to Newman’s home to rob him, but he had no intention to commit murder.