Southeast professor filled in for justice on Arkansas Supreme Court case

Andrew Fulkerson, a professor of criminal justice at Southeast Missouri State University, put theory into practice recently when he filled in on the Arkansas Supreme Court for a death penalty appeal.

Fulkerson, a former criminal defense and general civil practice lawyer, prosecuting attorney and district court judge, was appointed by Arkansas Gov. Mike Beebe on March 25 to fill in for Justice Courtney Goodson, who had recused herself.

The case centered on whether Steven Victor Wertz, convicted of two counts of capital murder July 19, 2007, received ineffective counsel in the guilt and punishment phase of his trial. The seven-member court May 22 upheld the decision from the Sharp County Circuit Court in Ash Flat, Arkansas, and let Wertz's conviction stand.

Wertz, now 64, is on death row in a prison outside of Pine Bluff, Arkansas, for the 1986 slaying of Terry and Kathy Watts.

The slain Ash Flat couple were discovered by Kathy's mother, Judy Bone, on Dec. 31, 1986, according to the Supreme Court opinion. Bone found the couple's infant son alive near his father's body. During the investigation, it was discovered a custody matter involving another child was going on between Terry Watts and Wertz's then-wife, Belinda. Wertz lived in Guthrie, Oklahoma.

"It appears from the record that, despite having suspects, police neither arrested nor charged anyone in connection with the murders until much later," the opinion states.

"It was a great honor to have a chance to serve on this case," Fulkerson said Thursday. "It was certainly an intellectual challenge."

Fulkerson said he agreed on Wertz's guilt, but questioned another aspect.

"I didn't have reservations about the validity of the conviction or the effectiveness of [Wertz's] attorney during the guilt phase of the trial, but I dissented on the punishment phase. I felt there was not a clear enough record as to whether the defendant waived the investigation and presentation of mitigation evidence. ... In many capital cases, mitigation may be the most important part as to the difference whether the defendant lives or dies."

Mitigation is evidence that shows the defendant in "something of a more favorable light," Fulkerson said. It could relate to family; relationships; physical, emotional or mental issues; military service; professional activities; or "things that humanize the defendant."

Now Fulkerson is involved in researching execution methods.

"There are ... valid questions about drug supplies and processes involved ... in lethal injections," Fulkerson said. He added he expects states to continue working to make executions more humane.

The appeal in the Wertz case took about a month and a half, including review of the trial record, a conference in Little Rock, Arkansas, where all the justices met and gave their views of the case, and then a vote. The conference was April 23; it took until about mid-May to get the opinion completed and published.

This wasn't the first time Fulkerson occupied a seat on the high court. He first filled in on a civil case before the Arkansas Supreme Court case in 2012.

"It was about whether or not property owned by the University of Arkansas Medical School could be subject to county property taxation ... [a] completely different type of a case," he said.

Teaching criminal law, criminal procedure, graduate courses in civil liability for law enforcement, ethical issues in criminal justice and the death penalty, Fulkerson said these experiences can only help him in the classroom.

"I can bring some real-world applications to the theoretical issues that we discuss in class, and in this case, it involved an issue that the Arkansas Supreme Court has not yet addressed -- how a trial judge would deal with the issue of waiver of mitigation. Arkansas has not done that as of yet. I thought this would have been a good case for that to be cleared up," he said.

Fulkerson said he wanted to be a college professor from the time he was in college.

"I knew I eventually wanted to do that. I saw an opening and applied. Southeast is a good school. We've got a strong criminal justice program. I'm fortunate to be a part of it," he said.

Asked whether he'd consider returning to the law or a judgeship, Fulkerson said probably not.

"A few years ago, I was appointed to fill in for a district judge for two weeks during the summer, and I think it made me appreciate what I have now," he said.

The Paragould, Arkansas, resident has been teaching at Southeast for 11 years. He earned a bachelor of arts in history and master's degree in sociology from Arkansas State University. He holds a law degree from the University of Arkansas, where he was associate editor of the Arkansas Law Review, and earned a Ph.D. in criminology from the Institute of Criminal Justice Studies at the University of Portsmouth, England.

rcampbell@semissourian.com

388-3639

Pertinent address: One University Plaza