GREEN RIVER — Attorneys will have about another month to present final statements in the murder case of Bradley Ross Fairbourn who is petitioning the state for a new trial claiming ineffective assistance of counsel.
Fairbourn, 21, of Draper, Utah, was found guilty on February 14, 2018 of the June 2016 first-degree murder of Naisha Rae Story and the first-degree attempted murder of Linda Natalia Arce. The crimes took place at the Quality Inn in Rock Springs.
Fairbourn’s hearing took place today in the 3rd Judicial District Court of Judge Richard Lavery. His attorney, Jason Tangeman of Laramie, questioned a number of people involved in the case including Fairbourn’s attorney in 2018, Robert Oldham.
Tangeman grilled Oldham on his defense strategy throughout his testimony, asking why he didn’t interview several alleged witnesses and why he didn’t order independent DNA tests for 320 blood swabs taken during the investigation. He also questioned the jury selection pointing out one of the jurors had a previous connection to County Attorney Dan Erramouspe when he had a private practice.
But Oldham said he didn’t believe any of that information would have helped his client’s cause.
“We believed the DNA evidence was accurate,” Oldham told the court. “There was no possible way the jury was going to acquit Brad based on the evidence.”
When questioned about why Oldham had Fairbourn testify in his own case, Oldham said “we thought Brad would make a good impression on the jury. He’s young and intelligent and a nice young man.”
He added that all of this was done with Fairbourn’s consent. He said they all worked as a team during the trial and that decisions were made mutally among the group.
“Brad has maintain his innocence from day one,” Oldham said. “He has never, at any time, admitted to these crimes.”
Erramouspe’s Cross
During cross examination of Oldham, Erramouspe reminded the court of the irrefutable evidence that still exists from the original trial. He brought up the contradictory statements made by Fairbourn during initial questioning, and that Oldham “took them to task” when the state crime lab failed to test all the blood swabs for DNA.
“If those swabs aren’t tested then that evidence can’t be used against you,” Erramouspe told Oldham. Oldham again reiterated that he felt the DNA evidence were accurate, and that his best defense in the case was “reasonable doubt.”
Following the testimony, Judge Lavery allowed 20 days for Tangeman to provide a closing argument, to which the county attorney’s office will have 10 days to respond. By law, the case must be resolved within 90 days, according to Lavery.
