Category Archives: Pre Trial

Awaiting First Trial ( Obviously these cases are Wrongful Accusations rather than Wrongful Convictions )

Angelika Graswald

Angelika Graswald was charged with second-degree murder in the death of Vincent  Viafore, whose body was recovered from the Hudson River in April 2015. 

Prosecutors said Graswald removed a nickle-sized drain plug on the top of the kayak to allow it to fill with water, however experts say the amount of water entering a small hole on the top of the kayak could be minimal compared to the amount of water splashing into Viafore’s open cockpit.

In a nearly 12-hour taped interrogation by police 10 days after Viafore disappeared, Graswald repeatedly denied killing her fiance and said her desperate calls to 911 were real.

Graswald also said during that interrogation, which she punctuated with yoga and hopscotch, that she was “OK” with Viafore’s death and “wanted him dead.”

Graswald told ABC News’ Elizabeth Vargas in a November 2015 jailhouse interview that she was at her “breaking point” during the taped interrogation.

“Well they kept me asking me the same questions like a hundred times. I knew that I was innocent,” Graswald told Vargas. “I was at my breaking point. I just, I had it so I just gave ’em what they wanted.”

She also denied in the interview that she removed the plug from Viafore’s kayak with the intent to kill him, saying, “No, I did not.”

Graswald’s attorney, Richard Portale, said in a court hearing that Graswald may have miscarried a baby during an interrogation. He also claimed that his client asked investigators who “Miranda” was after she was read her Miranda rights, according to The Associated Press.

Sources:

Trial is set for February 14, 2017.

See also “Death on the Hudson“, 48 hours, Sep 12, 2015.

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News

July 24, 2017 Plea deal agreed  According to her attorney, Richard Portale, Graswald “will be home in December.”

 

Timothy Madden

15319059_1499219683440735_8612164607407244258_nTimothy Madden was accused of raping and murdering 7-year-old Gabbi Doolin during a little league football game in Scottsville, Kentucky, on November 14, 2015, during her brother’s little league football game. Timothy was arrested on November 20, and says he is innocent. The commonwealth is seeking the death penalty.

According to reports, there is DNA evidence linking Timothy to the crime, however no details are available, and an anonymous report suggests the DNA may not in fact have matched, and KSP was under “undue pressure to find a suspect” and “may have rushed to judgement”:

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Timothy appears to be an unlikely suspect, being married with five children, and had been caring for his wife who has a serious illness. In an interview he says the charges are bogus and he was accused on the basis of gossip. He says his young daughter knew Gabbi, he was  at the game, and “my son was playing football, and my little daughter was there with us too”.

In July 2016, two motions were discussed in court, one to limit pre-trial publicity, and another to test remaining evidence in the case. A computer and a cell phone are finishing being tested, but both sides in the case are asking for the rest of the DNA at the KSP crime lab to be run. Timothy’s attorney stated “Mr. Madden has not changed anything he has said”. — Timothy Madden makes first court appearance in 6 months.

At a hearing in December 2016, it was reported that DNA testing may not be completed until June 2017, and a trial was not expected before January 2018. Other deadlines and dates set were:
March 31, 2017 – Change of venue request deadline
April 28, 2017 – Response deadline
May 26, 2017 – Reply date, evidence suppression request deadline
January 2018 – Trial could begin

Discussion

Todd Kendhammer

Todd Kendhammer was accused of murdering  his wife Barbara, who died on 17 September 2016. The previous day deputies responded to a crash on County Road M near Bergum Coulee Road around 8:10 a.m. where they found Kendhammer and his wife Barbara. Todd Kendhammer told investigators they were headed north when a pipe fell from a southbound truck and went through the windshield striking Barbara.

Todd was arrested nearly three months later on 6 December, on what appears to be very weak circumstantial evidence. Authorities suggested that Barbara’s injuries were inconsistent with the pipe coming through the windscreen, citing healing abrasions and contusions on bilateral hands and irregular torn fingernail margins on two fingers, that the windscreen had been struck more than once, and some confusion over Todd’s statements that he was on his way to pick up a truck that he was going to repair.

For this apparent accident to be murder, Todd would have to have first rendered his wife unconscious, then carried out an elaborate staging to make it appear to be an accident, but without causing immediate death – which makes very little sense.

According to a report, the family does not believe he is responsible for his wife’s death.

News Report

News

December 17, 2016 Released from jail after posting $250,000 bond

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Re the windscreen damage, it’s interesting to compare a report dated 17 December by Anne Jungen which stated :

“A crime lab analyst also found at least four impact points to two areas of the windshield: two inflicted from the inside and one from the outside that damaged the glass before the pipe penetrated the windshield, according to the complaint.”

with complaint ( see this report by Molly Prescott, wxow.com ) where there is no mention of “two inflicted from the inside and one from the outside”, although it does state that the windscreen bulged outward.

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Jeromy Poirier

14915018_240836962998118_942807992_nJeromy Poirier was falsely accused of sexually abusing his 2 1/2 year old daughter during a custody battle with cps by his wife’s parents.

Jeromy’s mother-in-laws sister worked as a case worker for cps and told them what his 2 1/2 year little girl needed to say to ensure victory.

Jeromy’s wife Cailey witnessed her maternal family coaching their daughter and when she stood up for the right thing, parents and aunt had their corrupt cps friend remove Jeromy and Cailey’s daughter, Marlie from both of them. They did this so that they could coach and brainwash her to say her daddy did things to her. They have even told Marlie that her daddy and mommy are dead and are in heaven.

Denton, TX CPS amended their petition to claim Jeromy and Cailey’s second daughter was born in Denton county when she was not, and it was not even their jurisdiction, but the judge looked over all of this and let Jeromy’s in-laws and the corrupt cps caseworker do whatever they wanted.

Jeromy has taken a polygraph with honest results. His daughter was taken to a children’s hospital immediately after the “outcry”, there were no signs of sexual abuse.

His in-laws waited an entire year after the false allegations were made to take the daughter for a forensic interview with the police, in which no outcry was made. They ended up taking her back for a second forensic interview where supposedly they had her make an outcry at that point.

A whole year passed after this point and the criminal investigation was suppose to be closed. Two years after the false allegations were made, Jeromy was arrested.

Jeromy and Cailey both tried to assist the detective in charge at the start of the case, and he would not speak to them at any point.

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