Accardo defense attorney attacks witness' credibility

A defense attorney continued his cross-examination on Wednesday by attempting to call into question the prosecution's main witness' motive and credibility for testifying.

Wm Michael Smith, the attorney for Vincent Lee Accardo, questioned the plea agreement in which Lisa Baker received in exchange for her testimony against his client.

Accardo, 58, is accused in the murder of Bard farmer Ken Cloud. He has pleaded not guilty to charges of first-degree murder, conspiracy to commit first-degree murder and hindering prosecution.

Cloud was fatally shot on Dec. 9, 1997, in the driver's seat of his truck in the parking lot of the Burgers and Beer restaurant, 321 W. 20th St.

Accardo, who faces the death penalty if convicted, is suspected to be the triggerman in the murder. Co-defendant Lois Kay Cloud, the wife of the Bard farmer, allegedly hired Accardo to commit the crime.

Smith sought to depict Baker during his cross-examination as willing to say anything to have similar charges against her reduced and avoid going to prison.

"You could be prosecuted tomorrow if you change your testimony from what you previously provided the prosecution," Smith said. "So that is a way they could lock you into testifying against my client. And the plea gets you out of a murder charge."

Baker was originally charged with first-degree murder, conspiracy to commit murder and hindering prosecution in the case. However, her attorney while she was in custody here in Yuma, arranged a plea agreement for her if she agreed to testify against Accardo and co-defendant Lois Kay Cloud.

"Mr. Clark advised you that if you went to trial there was a possibility you could be found guilty," Smith stated to Baker. "You don't recall him telling you that if you were found guilty you would never see the outside of a prison again?"

Under the terms of her plea agreement, in return for her testimony against Cloud and Accardo, Baker pleaded guilty to one count of hindering prosecution and the two murder charges were dismissed. She was eventually sentenced to two years in prison on that charge.

Baker, Accardo's girlfriend and then later wife, provided testimony on Tuesday putting Accardo at the scene of the murder and that she heard a shot being fired.

She also testified that she saw him dispose of a gun the following day in a dumpster outside a motel in Wilcox, Ariz.

Smith on Wednesday, based on previous conflicting answers Baker gave the previous day, again asked if his client had ever told her that he killed Cloud, to which she answered that he had.

"Vince had told me he had done this, that he regretted it and that he was sorry, but it was done," Baker answered.

Smith also had her read aloud to the jury the terms of her plea agreement, which included paragraphs that indicated she would testify against Accardo, try to get him to admit he committed the crime, and that any other potential charges that arise out of the case would not be filed against her.

Under the terms of Baker's plea agreement she was not required to take a lie detector test about the information she provided the prosecution. Smith asked questions centering about whether that had any reason to do with her ability to pass it.