Convicted murderer Thacker seeks to have ruling overturned

The man, Steven Ray Thacker, 39, of Chouteau, Okla., is seeking post-conviction relief. He asked the court to overturn his murder conviction and his death sentence.

Retired Judge Allen Wallace of the 23rd Judicial District in Waverly heard testimony Monday, Tuesday and Wednesday. He took the case under advisement Wednesday afternoon and will issue a decision later.

Wallace said post-conviction relief hearings comprise the hardest job for a judge. He must decide if there's a reasonable probability that a case would have been different but for the attorneys' actions.

Circuit Court Judge Lee Moore, who presided over Thacker's 2002 trial in Lake County, recused himself from hearing the request for post-conviction relief.

Thacker was convicted Feb. 8, 2002, on the first-degree murder and felony murder of Dyersburg tow-truck driver Ray Patterson, 52. Patterson answered Thacker's call for assistance Jan. 2, 2000, on Interstate 155. Patterson towed Thacker's stolen car to Patterson Bros. service station. When Thacker's credit card was denied, Thacker stabbed Patterson to death and stole his tow truck, cash, credit cards and an unloaded pistol. Police tracked Thacker to a Union City motel, where he was arrested.

Patterson is one of three persons Thacker killed during a 10-day violent streak that started in Oklahoma and continued in Missouri and Tennessee. He pleaded guilty to kidnapping, raping and killing Laci Dawn Hill, a 25-year-old woman in Bixby, Okla., and to killing restaurant supervisor Forrest Reed Boyd, 24, of Aldrich, Mo. Thacker was sentenced to death in Oklahoma and life without parole in Missouri.

In his request for post-conviction relief in Tennessee, Thacker claims his court-appointed attorneys Charles Kelly and Tom Strawn provided ineffective counsel. The petition claims:

* Kelly, the lead attorney, ignored the preparation for trial. That job fell to the co-counsel.

* Kelly met with Thacker only three times before trial and was unavailable by phone. Attorneys are supposed to establish a working relationship with their clients.

* Kelly failed to use the information and testimony made available by his defense team.

* Kelly failed to develop a sound theory of defense. For example, Thacker suffered from bipolar illness, which possibly could have ruled out first-degree intentional murder.

* Kelly and Strawn failed to prepare for the sentencing phase. The petition claimed the attorneys relied on Thacker's mental illness and abuse and neglect as mitigating factors to reduce the potential sentence. Little evidence of either mitigating factor was presented. The petition also said a mitigation specialist had prepared a list of 21 possible mitigation themes to be explored, developed and presented six months before the trial. None of the mitigation themes were pursued.

* The attorneys bungled the jury selection.

* The attorneys failed to talk to their witnesses before trial and, as a result, did not ask the questions necessary to provide evidence to help Thacker's defense.

* The attorneys failed to have Thacker tested by a neuropsychologist, as recommended. He reportedly suffered brain injuries from a fall on his head at the age of 1 and from a serious motor vehicle wreck.

* The attorneys did not use information showing how Thacker's illness and life events had caused his life to crumble or how the prison had allowed him to rebuild stability in his life, making him a good candidate for a life sentence.

* The attorneys failed to object to improper jury instructions; failed to devote adequate time, attention and effort to the case; and failed to obtain the required knowledge and skill for capital cases.

* The attorneys should have pursued Thacker's "diminished capacity" defense. The petition said Thacker's mental state at the time of the murder was the key issue during the trial. Instead of pursuing that idea, the defense attorneys settled for a claim of self-defense but failed to provide evidence of self-defense.

* The attorneys failed to file or challenge pre-trial motions and, after his conviction, failed to raise key issues in a motion for a new trial.

* The trial court erred in its instructions to the jurors.

* The death penalty violates Thacker's right to life, is unconstitutional, constitutes cruel and unusual punishment, and violates the idea of equal protection.

Donald E. Dawson, a state-employed post-conviction defender, represented Thacker during the hearing.

To support the conviction and sentencing of Thacker, District Attorney General Phil Bivens was in the odd position of defending Thacker's defense attorneys. Thacker was faced with overwhelming proof that he'd killed Patterson. The chances of a "not guilty" verdict were slim to none, Bivens told the judge in his final argument Wednesday afternoon.

Thacker refused a plea bargain that would have given him a life sentence because he wanted certain guarantees that no one could give him, Bivens said. Thacker reportedly told Kelly that he wanted the death penalty.

Bivens said Kelly relied on a psychological evaluation indicating an insanity defense was not feasible. Instead, Kelly resorted to a self-defense argument, which he doubted would work, Bivens said.

Bivens acknowledged that Kelly and Strawn did not use all of their peremptory challenges while selecting the jury. But, he said he didn't consider that a failure. He said the defense team used a jury selection expert and they may have decided that the persons seated on the jury were a better option that those still remaining in the jury pool. Bivens said that is a legitimate trail tactic.

Thacker is currently being housed in the Riverbend Maximum Security Institution in Nashville.

Thacker also sought post-conviction relief in the Oklahoma case. Dawson said his request was denied.