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Commissioner considering if convicted murderer should get hearing that could free him

What was supposed to be a routine status conference in an inmate's petition for post-conviction relief turned in to something unexpected when the defendant spoke for himself.

Lee Lucas has been in prison for nearly 30 years serving a life sentence for the murder of Eric Howard, but alleges the grand jury paperwork that indicted him is fraudulent.

Presiding Commissioner Kina Kimble said to a packed courtroom Wednesday morning that status conferences "of this magnitude" are rare.

The purpose of the proceedings was for Kimble to get a status update on where both sides are in the case. The state was prepared to discuss it's procedural objections to Lucas' petition.

"I think what was uncovered today is going to be groundbreaking," said Meghan Matt, who represents Lucas in his fifth petition for post conviction relief.

While Matt's job is to speak on her client's behalf as his attorney, Lucas was the one who did most of the talking.

"I know it's unusual for a defense attorney to let their client speak, but I thought it was important that he spoke today for himself. He has done all the work. He has put in all the effort."

Lucas alleges the signature of the grand jury foreperson who signed his murder indictment back in 1997 was forged by Assistant District Attorney Aaron Brooks.

During the conference, questions about the validity of that signature came up, and according to Matt, weren't totally disputed by the state.

"The fact that now officers of the court are on the record before a judge and they could not say that these documents are not forged, and they said everything but that, I think is very telling."

District Attorney Hillar Moore, who had security as he was walking out of the courthouse, says that's because it was not an evidentiary hearing.

"They tried to hijack this and turn it into a hearing about the indictment. The indictment is absolutely a valid indictment. There is no forgery. That allegation is completely bogus, completely made up," Moore said. 

No decisions were reached today, as is normal in a status conference, but Kimble said she will take everything into advisement and render a decision on if there should be an actual evidentiary hearing early next year.

As a Commissioner, Kimble will make a recommendation to a judge, in this case Judge Carson Mercantel. The judge will have the ultimate say-so on if it proceeds.

"If the court orders a hearing, which we believe would be illegal, we will take every action and every remedy that is available to us," Moore said. 

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