Bailey called the right to counsel "the bedrock upon which the American criminal justice system is built" and told the justices that Leonard's constitutional guarantees were "lost and justice was not done."
But deputy attorney general
Leonard, 47, was convicted last year of murder, arson and conspiracy to commit insurance fraud in the
Prosecutors said Leonard, who was sentenced to two life sentences without parole, plus 75 years, was the ringleader of a plot to tamper with the natural gas flow in
Four others were charged in that scheme, including Leonard's half brother,
Shirley and another defendant have reached plea deals and the trial of a fifth person is pending.
A separate case against
During Thursday's hearing, Kobe also faulted Leonard's argument that prosecutors failed to present sufficient evidence that he knowingly killed John and
Under questioning from the court, Kobe said Leonard should have known filling Shirley's house with gas and then igniting that gas with a microwave timer would have killed anyone nearby, including the Longworths.
"Here the defendant blew up a 3,000-square-foot house that was 10 feet away from the nearest house. If you detonate a bomb like that you're aware of a high probability that someone is going to die," Kobe said.
"Other than the high probability, what's the evidence he knew that?" he asked.
Kobe conceded there was no statement from Leonard that he knew detonating the house would result in deaths.