LaGrone loses
retrial petition
Posted: Tuesday, Mar 2nd, 2010
BY: Janeen Burkholder
CLINTON—Maurice LaGrone’s petition to obtain a new trial was denied Friday by Judge Garry Bryan, who heard arguments in the case in February.
LaGrone, who was convicted of murder in the Clinton Lake drowning deaths of his then girlfriend’s three children in 2003, sought a new trial because his previous attorney, Jeff Justice, failed to allow the jury to consider a lesser charge of child endangerment. LaGrone was convicted of first-degree murder and sentenced to life in prison. Amanda Hamm, who was tried first, was convicted of child endangerment, received a 10-year sentence and was released in August 2008 after receiving day-for-day good time credit.
A year ago, the 4th District Appellate Court in Springfield denied a request from LaGrone for a new trial based on numerous alleged errors by the trial court.
A hearing was held in January before Judge Bryan, who took the arguments under advisement. He issued his ruling on Friday.
He said that LaGrone’s current attorney DeWitt County Defense Attorney Richard Goff “failed to make a substantial showing of a Constitutional violation” on the part of the previous attorney.
“Any omission on counselor’s (Justice’s) part did not constitute ineffective assistance of counsel,” Bryan wrote.
“Illinois courts,” he wrote, “recognize the concept of effective assistance of counsel refers to competent, but not perfect, representation.”
Bryan said he was aware that Hamm was convicted of child endangerment in a separate trial, but he said that he “must decide on the circumstances presented here.”
“As a matter of law, there has been no showing that any alleged error on the part of defense counsel was so serious as to deprive the defendant of a fair trial.”
Goff said LaGrone could once again appeal to the Illinois Appellate Court.
|