Harris seeks new trial

So it's really hard to dispute that Clara Harris ran over and killed her husband, David, in a Nassau Bay hotel parking lot in 2002 — the whole thing was caught on video by a detective firm Harris had hired after her husband confessed to having an affair. But what Harris, who is serving a 20-year sentence for murder, hopes is that she can dispute the quality of her defense during her 2003 trial.

Harris has hired a new lawyer who claims that her original attorney, George Parnham, used a faulty defense and hurried through the trial because of personal concerns. The new lawyer, Randy Schaffer, says Parnham used the defense of "accident" during the 2003 trial though the Legislature had repealed that defense in 1973 and the Court of Criminal Appeals advised in 1982 that "the bench and bar would be well advised to avoid the term [accident]." Schaffer claims that a jury might have found Harris guilty of a lesser charge, like manslaughter or negligent homicide, had Parnham not argued David Harris' death was an accident.

Schaffer also says Parnham didn't call enough character witnesses, which might have been the result of illness — and yet, Schaffer claims, Parnham took steps to ensure he would be paid, preparing a promissory note and security agreement to ensure he'd get his full fee. (Can you imagine a lawyer wanting to be paid?)

"Had Parnham not been so preoccupied with his health and acquiring $300,000 from (Harris) and a security interest in all of her property, he could have presented compelling testimony in support of leniency," he said.

Parnham, who recently represented Andrea Yates in her retrial, didn't return the Chronicle's calls. Schaffer said the state has 15 days to respond to his request for a new trial for Harris; after that, a judge will decide whether to hold an evidentiary hearing and will send information about the case to the Court of Criminal Appeals to determine if a new trial is needed.