Barry Barker was arrested for assault and first-degree murder. He remained on the run until he was apprehended in Yakima, Washington, on June 20, 1985.
Barry Barker alleges that his trial attorney, public defender Ary De Groot, provided him with ineffective representation.
A defendant who claims ineffective assistance must show that the counsel’s acts were “beyond the wide range of professionally competent assistance.”
“A Bully” Barry Barker Was Arrested For Assault
Barry Barker was claimed to be a Bully in the case that dates back to 1985. He was arrested for assault and first-degree murder of Werner Schumacher.
Barker’s friend Larry Carranza was driving home at 2:00 a.m. on April 6, 1985, when Carranza fell asleep and slammed into Walter Schumacher’s parked and unoccupied truck.
Walter had a cut on his forehead that resulted in some bleeding. Walter Schumacher’s brother, Werner Schumacher, came out of the home to see what had happened.
He returned home, awoke his brother, and dialed 911. According to the authorities, the parties should just swap paperwork if no one was hurt.
Werner went inside and dialed the phone, but he got a voice saying something along the lines of “let’s get out of here before the cops come.”
This voice did not sound like Carranza’s, he testified. Meanwhile, his brother, bleeding, arrived at the front door and told Werner to run away from the men outside before passing away.
He was stabbed four times, two of which were fatal.
More On Barry Barker Hearing And Bail
Barry Barker was convicted guilty of first-degree murder by the jury. Barker was sentenced to 25 years in jail, with a one-year concurrent sentence for using a dangerous weapon to commit the crime.
Only one reason for the reversal was raised in his appointed counsel’s direct appeal to the California Court of Appeal.
Barker’s defense was to admit to stabbing his companion but claim that he did so out of fear for his life.
Barry’s girlfriend Charlene Wine’s testimony helped him in his defense to some extent. Carranza’s testimony directly contradicted it.
However, Carranza’s evidence was tainted in at least one way: a drop of Walter Schumacher’s blood was discovered on Carranza’s shoe.
On March 25, 1992, the California Supreme Court denied Barker’s habeas petition. He then filed a petition in federal district court for habeas corpus relief.
The district court accepted the magistrate court’s judge’s recommendation to dismiss the petition.