Marion County Man Files Another Appeal for New Trial

A man continues his pursuit of a new trial.

The full details below by Philip Launius, KTLO

A Marion County man sentenced to 40 years in prison after being found guilty of raping two young girls, one of whom was reported to be his stepdaughter, continues his effort to get a new trial.

Defense lawyers representing forty-seven-year-old Donald Jason Merrill filed a motion August 7 asking for the new trial.

The motion was based on a long list of alleged errors that lawyers for Merrill say occurred during his late July trial in Marion County Circuit Court. The state filed an answer August 17 refuting the defense’s points.

A hearing on the new trial motion was held August 21. Circuit Judge John Putman has not formally ruled on the new trial motion, but defense attorneys are proceeding with the appeal because they write “motions not ruled on in 30 days are deemed denied.”

Defense lawyers contend that the 30-day period ran on September 6. The notice of appeal was filed September 13.

ARGUMENTS AT THE AUGUST HEARING

Deputy Public Defender Clifford Sward said the cumulative effect of the contested statements made during the trial, painted an overly exaggerated picture of Merrill as a “really bad guy.”

Sward said one witness who had testified that Merrill was a “good guy who would never hurt children” was then asked by a prosecutor “if he was aware that Merrill was a convicted felon?”

The deputy public defender said, “no curative or limiting instruction given to the jury by the judge could unring that bell.”

Deputy Prosecutor John Russo gave the state’s position on each of the reasons Sward presented during the hearing to make the case for a new trial.

Sward had questioned the validity of the state seeking certain medical records on Merrill. Russo said Merrill had not shown up for two jury trials, claiming he was in the hospital.

The deputy prosecutor said on both occasions attorneys were in the courtroom, prospective jurors were present, the judge was ready to preside – but Merrill had been a no show.

The medical records were sought in order to prove or disprove Merrill’s excuse, Russo told the court.

TANGLED FAMILY RELATIONSHIPS

The family relationships of those involved in Merrill’s case are a fairly tangled web, with Merrill reported to have been the stepfather and now the husband and/or boyfriend of one female member of the family.

That person was 34-year-old Deborah Michelle Firecloud. She was arrested on a charge of providing false information to police to prevent Merrill’s arrest.

Merrill was being sought after he failed to appear on November 21 last year for a jury trial on the rape charges in Marion County Circuit Court.

Because of his absence, a felony failure to appear charge was filed against him.

He did the same thing on August 30 last year.

The bailbond company holding Merrill’s initial $75,000 bond surrendered him to the Marion County jail November 28, 2022.

During the search for Merrill on the failure to appear warrant, Mountain Home police officers went to the Mountain Home Inn November 22 last year to speak with Firecloud. It had been reported that Merrill and Firecloud were sharing a room at the motel.

LIED TO POLICE

When she was interviewed, Firecloud told the police officers she had not seen Merrill since the day his Marion County rape trial was set to begin.

She said between 7:30 and 8:00 a.m. on that date, the pair had gone to breakfast at a Mountain Home restaurant.

Firecloud said when they returned to the motel, she proceeded up the stairs to their room.

She told police that about 10 minutes after coming into the room, she noticed Merrill had not followed her. Firecloud said she went downstairs to look for him, but he was not to be found.

According to police, Firecloud was told that if she was withholding information, she could be charged with hindering.

She stuck to her lack-of-knowledge story.

Officers left cellphone numbers with her and she promised to call if she was made aware of any information as to Merrill’s whereabouts.

Police then reviewed footage from security cameras at the motel.

The footage painted a different picture of events compared to the one Firecloud had given to investigators.

As officers reviewed the footage, they reported seeing a pickup truck belonging to Firecloud leaving the motel at about 7:45 a.m. on November 21 last year. Two occupants were shown to be in the truck.

When the vehicle returned to the motel about 9 a.m., only Firecloud was in the truck. The video caused Firecloud’s story about the couple both returning to the motel to fall apart.

Merrill was eventually picked up and went to trial in late July this year. A Marion County Circuit Court jury found him guilty of two counts of rape. He was sentenced to 40 years in prison and is currently an inmate at the Ouachita River Unit of the state prison system.

On August 14, Firecloud pled guilty to a reduced charge of obstructing governmental operations in Baxter County Circuit Court and was sentenced to 90 days in the county jail which was suspended. She had originally been charged with hindering apprehension.

RELATIONSHIP PUZZLE

In early 2021, a woman filed a petition seeking an order of protection against Merrill.

In the affidavit, she writes Merrill had once been her stepfather as well as stepfather to Firecloud and other children.

She alleges in that affidavit that Firecloud herself became a victim of alleged sexual assaults perpetrated by Merrill, and, despite that fact, Firecloud is now known as Merrill’s “girlfriend” or wife.