Motion for New Trial Denied for Lawson Abram

“I respectfully overrule your motion for a new trial,” states Judge Patrick Simmons, following a hearing on a request for a new trial for Lawson Lee Abram, who was convicted of Capital Murder and sentenced to Life Without Parole on October 7, 2016 in the shooting death of Teague man, Douglas Carr Hurst.
Appellant Attorney for Abram, Shundrelle Armstrong of Houston, argued that Abram deserves a new trial based on the fact that a material witness, namely co-defendant O’Jarion (OJ) McClenon, was not allowed to testify on Abram’s behalf during Abram’s trial, and therefore, the Jury was unable to hear all evidence and details of the events that took place during the robbery, turned murder.
Armstrong states that it is only just and fair that a Jury be able to hear testimony from McClenon as he and Abram are the only two persons still living who were actually on location the night the events took place.
At this point, McClenon was brought in and put on the stand. During this testimony, he explains that he and Abram are friends and cousins, as well as admitting to being with Abram and Joshua (JD) Mulkey at the Hurst home.
McClenon, more importantly, claims that he was never notified that he could testify on behalf of Abram, or that his defense attorney, Chad Morgan, pled the 5th Amendment on his behalf during Abram’s trial.
The initial plea bargain offered by the State included the stipulation that McClenon would have to testify against Abram during Abram’s trial.
He explains that he didn’t want to take the plea because he didn’t want to testify against Abram; and that because of this, he states he did not know that he could testify for Abram even though he was more than willing to and, in fact, even wanted to. He says he never told anyone because he didn’t think he would be allowed.
When asked by Martin if he had ever expressed to his attorney that he wanted to testify on behalf of Abram any time, even before the first plea bargain was offered, McClenon states he had not. Martin then asks him why, to which McClenon replies, “The conversation never came up.”
McClenon also explains that his lawyer, Morgan, told him he didn’t want him to testify for Abram.
Next, Morgan took the stand. He explains that he disclosed all facts to McClenon and his grandmother. Morgan informed them both that he did not think it would be in his best interest to testify for Abram as his own personal trial would be coming up soon and that testimony could be used against him in that case.
“I explained everything to him and told him what we were planning to do,” says Morgan, “and his response was… Okay.”
Morgan continues saying, “OJ never once told me he actually wanted to testify for Abram. He told me he didn’t want to accept the initial plea because he didn’t want to do any time. After Abram and Amber Halford were both convicted and sentenced; and Amber screamed at OJ to take the plea, he still didn’t know if he wanted to take the plea. So, I prayed with him and his grandma that night and told me he wanted to sleep on it. It wasn’t until the next morning that he told me he wanted to take the plea.”
Armstrong also presented character witness statements from several people who were willing to testify, but were unable to due to the fact that these types of statements are only allowed during the sentencing phase, and by law, this is not allowed in Capital Murder cases.
Armstrong asked that the written statements be added as exhibits into evidence on the record; to which District Attorney Chris Martin had no objections and Judge Simmons allowed.
During closing arguments, Armstrong stated that this was an ‘intent based crime’ and there was no evidence Abram ever intended for Doug Hurst or Joshua Mulkey to be shot and killed.
Martin concluded by stating that even without McClenon’s testimony against Abram, there was more than sufficient evidence to convict based on the interview performed by Ranger Pena; and that McClenon only wanted to testify at this point to try to help Abram out not that he has his plea bargain in place.
Judge Simmons made his ruling to deny the motion, and the hearing was adjourned.
“Lawson Abram’s conviction for the Capital Murder of Douglas Carr Hurst was supported by the facts and the law,” says Martin. “I am pleased Judge Simmons agreed with the State that the defendant’s motion for new trial should be denied.”
Martin continues saying, “As well, I anticipate the 10th Court of Appeals out of Waco will uphold the defendant’s conviction as legally proper. The defendant will continue to serve justly the prison sentence he most richly deserved.”
Armstrong was unavailable for comment at press time.