Judge hears 'intimidation' claims

JONESBORO — Defense attorneys accused the elected prosecutor of intimidating witnesses in a trial last week in Greene County, and asked the judge in a trial scheduled for next week in Craighead County for assurances it won't happen again.

But Craighead County Circuit Judge Chris Thyer on Thursday refused to issue any orders regarding the allegations.

Zach Morrison and Martin Lilly represented Santiago Vasquez Jr., 43, of Paragould in a rape trial last week that resulted in a hung jury. A new trial is scheduled for December.

Next week, they'll be defending Jason Price, a former member of the Craighead County Quorum Court, in an arson case.

Morrison and Lilly said in their motion that Sonia Fonticiella Hagood contacted the employer of some of the witnesses in the Vasquez trial following their testimony.

Hagood is the elected prosecutor for the 2nd Judicial District, which includes both Greene and Craighead Counties.

"The State of Arkansas, through its elected prosecutor, Sonia Fonticiella, falsely claimed that the Defendant was a 'convicted rapist' and promised financial repercussions to the employer due to the employee testifying at the Defendant's trial," Lilly and Morrison wrote in motions in both cases.

Vasquez was convicted in his first trial in 2021, but the Arkansas Court of Appeals later overturned the conviction.

Jessica Thomason, chief deputy prosecutor, responded in writing that "The motion filed by the defense is not only absurd, but frivolous. At no time has anyone, included the duly elected prosecutor, Sonia Hagood, made any attempts to intimidate any witness.

"The Defense conveniently leaves out that the situation where they discuss 'intimidation,' is really the elected Prosecutor choosing to remove her child from a daycare. The place her child goes into the care of others on a daily basis."

In a portion of an email to the employer of one of the witnesses, included in Lilly and Morrison's motion, Hagood was quoted as saying that the employee "just testified for a man who repeatedly raped a 9yo girl and had child pornography on his phone."

She later went on to say, "I cannot allow my child to go to a school with people who associate with child molesters."

After Thomason and Deputy Prosecutor Charlene Henry told Thyer that Hagood would not be participating in next week's trial, Thyer indicated the issue was moot.

"I don't know what happened in the Vasquez case or what happened after the Vasquez case," Thyer said, noting he has no authority over that situation. Judge Pamela Honeycutt will have to decide if there was misconduct in Paragould.

In next week's case, Price is charged with arson and insurance fraud in connection with a fire at his home at 219 Harold Cove in Jonesboro on Feb. 20, 2022.

Hagood was elected the district prosecutor in 2022, defeating Lilly in a runoff.