Man accused of murder presents self-defense case

PALMER — After taking a break to seek the input of two higher courts, Phil Bailey’s attorneys have outlined why their client was justified in shooting Dale Prater in the back of the head Oct. 1, 2011.

Bailey is arguing he was afraid for his life because Prater had done time in Oklahoma on a murder charge.

Bailey and Prater were neighbors. Another neighbor, Stacy Stroud, who sold Prater pain pills and received immunity from prosecution to testify at Bailey’s murder trial, said Friday that on the day of the murder, Prater was using a knife to demonstrate how to kill a person.

Bailey’s attorney, Nate Peters, showed Stroud a Bowie knife and asked if that was the knife Prater was using. Based on the Winchester stamp on the blade, Stroud said it was.

He said Prater also outlined effective methods for intimidating people to get what you want. The idea, Stroud said Prater told him, was to make the person feel helpless.

“If you wanted to scare someone, just put them in the trunk of a car and go for a joyride, if you want to make your point to someone,” Stroud said.

Another good method — tie the person up and make him watch you hurt someone he loves.

Bailey later said all that talk intimidated him.

But on questioning from prosecutor Kerri Corliss, Stroud told the jury he personally wasn’t scared. Prater often talked like that. He had lots of knives and liked to sharpen them.

“It was par for the course?” Corliss asked.

“Yes,” Stroud said.

Corliss said in her opening statements early last month that no one who was in the apartment when Prater was shot has ever said Prater was armed or threatening anyone at the time. A small folding knife was found in his pocket during the autopsy.

The trial has proceeded in fits and starts. Corliss’ first objection came during Peters’ opening statements, delaying the trial for hours. But the biggest delay lasted the better part of a week after attorneys stopped to get a ruling from the state Court of Appeals and then the state Supreme Court as to whether evidence could be admitted.

On Friday, Peters tried to withdraw as attorney, something that could easily have stopped the trial entirely. The delays have pushed the trial close to Peters’ brother’s wedding date, and he’s worried he’s going to miss it and might not be able to concentrate fully enough to give Bailey a proper defense.

“I just don’t feel like I can adequately go forward representing Mr. Bailey at this point,” Peters said.

Superior Court Judge Gregory Heath pointed out that the jury has had to sacrifice quite a bit. One juror missed a funeral to serve.

Corliss said she would hate to put whatever verdict the jury reaches at risk of appeal, but also didn’t want to throw out all the work that had been done thus far. She also wondered if maybe there was a tactical reason for wanting to withdraw.

“I don’t know to what extent this is gamesmanship,” she said.

Heath pointed out that the wedding isn’t until the end of this week. Maybe Peters could do both.

“The more time we waste, Mr. Peters, the odds of that are slim,” he said, just before Peters agreed to go on.

Trial is expected to wrap up this week.

Contact reporter Andrew Wellner at andrew.wellner@frontiersman.com or 352-2270.