Category Archives: Listed Case

A listed case shows a claim of innocence. It does not mean the Wrongly Convicted Group endorses or agrees with the claim, just that the claim exists, and might have merit.

Selwyn Days

Selwyn Days was accused of killing 79-year-old millionaire Archie Harris and his 35-year-old home health aide, Betty Ramcharan. Selwyn confessed to police after a seven-hour interrogation and nearly 14 hours in custody.

In 2003, Days’ first trial ended in a hung jury, but he was convicted of two counts of second-degree murder at his second trial in 2004. He was sentenced to 50 years, and his conviction was upheld by the appellate court.

Days appealed that conviction, claiming that his counsel was ineffective. Westchester County Court agreed in 2009, vacating the judgment and ordering a new trial.

The third trial again ended with a hung jury in 2011, but he was found guilty in his fourth trial.

In September 2015, the conviction was overturned based on the Westchester County Court’s decision in 2011 to bar expert testimony on the issue of false confessions.

The appellate court, noted the lack of physical evidence or eyewitness testimony linking Days to the murders, as well as the videotaped confession, in which officers “repeatedly employed suggestive and leading questions, fed the defendant specific details related to the crime scene, and used rapport-building techniques.”

The appellate court also said that “significant concerns” were raised by the fact that only the last 75 minutes, the confession, of the seven-hour interrogation were videotaped.

Days’ two experts in false confessions, Dr. Jessica Pearson and Dr. Richard A. Leo, had determined Days to be particularly vulnerable to false confessions, based in part on his low intelligence and history of mental illness, according to the ruling.

In August 2017, Selwyn was tried for a fifth time.

Discussion | Proposal Post

 

 

Ryan Mickey

Ryan Mickey was railroaded by the system for doing CPR wrong on a sick child that had a brain injury from the child’s Father Nicholas Bradley. This Coward beat up his pregnant wife and put her in the hospital for 3 weeks, Causing a subdural haematoma in his unborn child and received only a 4 year sentence. Ryan got together with the child’s mom a while later. Because this brain injury was so severe, it had reopened 16 months later with no warning. The symptoms were flu like and a nurse practitioner misdiagnosed this child with a severe flu. A few days later she went into respiratory distress and Ryan called 911 and began CPR… Because he did what anyone else with any kind of morals and a heart would’ve done, he lost his freedom & life from lying, crooked cops and DA…

Instead of doing the right thing and letting him go, they offered Ryan a deal to cover their own asses, which Ryan refused to sign.

He is a hero sitting in prison for helping someone! Ryan has already lost 11 years of his life due to this terrible injustice!! The Innocence Project is working on bringing him home right now.

Website : http://www.ryanmickeyisinnocent.com/

Discussion (source of case description )| Proposal Post

Serghei Comerzan

23-year-old Serghei P. Comerzan was accused of second degree murder, voluntary manslaughter and resisting arrest over the 2015 death of Missouri State Highway Patrol Trooper James Bava, 25.

Comerzan, who was operating a motorcycle, allegedly led Trooper Bava on a chase after Bava attempted to perform a routine traffic stop. Bava reportedly clocked Comerzan going 105 miles per hour. During the chase, Officer Bava’s patrol car was reportedly traveling at speeds exceeding 135 miles per hour.

Eyewitnesses reported seeing a Highway Patrol car in pursuit of a vehicle when it went off the road and into a treeline before rolling over and bursting into flames.

After jurors were unable to reach a unanimous verdict on Friday, May 26, 2017, Comerzan’s lawyers said they would seek to have the case dismissed

The case hinged on the prosecution proving beyond a reasonable doubt that Comerzan was aware of Trooper Bava in pursuit behind him, a claim he and his defense team have fervently denied.

Source: http://www.kmzu.com/attorneys-serghei-comerzan-expected-file-dismissal-charges-following-hung-jury-last-month/

Discussion | Proposal Post

Amber Hilberling

high-rise-deathAmber Hilberling admitted to pushing her husband, an Air Force veteran, out of their 17th-floor apartment in Tulsa during an argument in June 2011.

But she claimed in court she did not intend to kill him, and blamed his fatal fall on “dangerously unsafe” window glass that was too weak to stop his plunge.

Amber, who was seven months pregnant when her husband died, cited self-defense and even rejected a plea deal that would have given her only five years behind bars.

But a jury convicted her of second-degree murder in 2013, after only three hours of deliberation. A judge sentenced her to 25 years in prison.

Amber still stuck by her self-defense claim, repeating it in a televised prison interview with Dr. Phil.

“There was an altercation in which I defended myself,” she told Dr. Phil, adding that her husband flew into a rage after she called him a coward.

She also claimed in the interview that her husband abused her through their 11-month marriage, and she always kept quiet about it.

“I was really good at lying,” Hilberling said.

“That was our relationship: Josh getting in trouble over and over again and me saying, ‘Oh, no, it’s not his fault. That’s my fault. I did that.’

In October 2016, Amber committed suicide in her prison cell.

Sources:

http://www.nydailynews.com/news/national/okla-woman-convicted-killing-husband-found-dead-cell-article-1.2844093

https://www.washingtonpost.com/news/true-crime/wp/2016/10/25/woman-who-pushed-husband-to-his-death-from-a-25th-floor-window-found-dead-in-prison-cell/

Discussion

Kenneth Lee Hopkins

In January 2017, Kenneth Lee Hopkins, 27, was found guilty by a jury in the murder of 19-year-old Marshay Wesson and her unborn son. Wesson was found shot multiple times in her car while waiting on Hopkins near East 28th Street North and North Wheeling Ave in June 2012. She was eight-and-a-half months pregnant.

Prosecutors closed with arguments that Wesson was calling Hopkins right up until the moments before she was shot multiple times.

Hopkins’ attorneys said their client didn’t kill anyone and said the murder weapon was found in another man’s car.

Discussion

Billie Jerome Allen

On March 17, 1997, security guard Richard Heflin was killed during an armed robbery of the Lindell Bank & Trust in St. Louis (Forest Park), Missouri, by two men.

William Green who was a customer at the bank dialled 911 and followed the  getaway van to Forest Park, where it burst into flames ( prior to the robbery the van had been soaked in gasoline ). One of the men, Norris G. Holder, caught fire, and was arrested at the scene by police. The other ran into a wooded area, and was spotted soon after he left the van on the opposite side of the wooded area by city forestry employee Bobby Harris. After making up a story about why the hair on his head was burned, the man convinced Harris and another forestry employee to give him a ride to the nearest Metrolink station.

Billie Jerome Allen was arrested at his girlfriend’s apartment at about 2:00a.m. the next day.  Around 3:00 a.m. Billie was placed in an interrogation room, handcuffed to the table, advised again of his Miranda rights, and allegedly treated for his burns and injuries. Subsequently, Billie was identified by Harris in a lineup and at trial.

It seems like an open and shut case, but allegedly, there is no documentation of Billie being treated for burns and injuries, and the photo lineup shows no bandage or sign he was treated:

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Source: http://www.freebillieallen.com/single-post/2016/03/13/YOU-BE-THE-JUDGE

Both Billie and Holder were found guilty in separate trials, and sentenced to death.

Discussion

More images:

 

 

 

Cyril Smith

On August 23, 2006, Cyril Smith was charged in nine counts with narcotics trafficking and the drug-related contract murders of Sanford Malone, Jamal Kitt, and Terrence Celestine in the Bronx, New York.

The jury trial was from May 14, 2007 to May 30, 2007. Cyril was convicted on eight counts, and acquitted on count four, which was killing Kitt while engaged in drug trafficking, nevertheless he was convicted of killing Kitt through the use of a firearm during and in relation to a drug trafficking crime.

The State’s case (  from Governments-response-to-appeal-2011  ) is that Cyril murdered Jamal Kitt and Terrence Celestine three weeks apart in July 1998, using the same nine-millimeter semi-automatic pistol, at the behest of Bronx drug dealer Edgardo Colon, who wanted Kitt and Celestine dead because they were interfering with Colon’s drug business. Colon solicited Cyril to commit the murders by promising to give Cyril drugs to sell on his own. Cyril committed both crimes with his close associate Rafael Ramos, who testified about the murders and the conflicts giving rise to them under his cooperation agreement.

An issue is that Ramos’s account of the murder of Kitt on July 5, 1998,  was contradicted by Keisha Lespierre, Kitt’s girlfriend at the time of his death, who testified that the person who shot Kitt was a light-skinned Spanish man, and not the Spanish man’s black companion.

The murder of Celestine was on July 30, 1998. A ballistics expert testified that the 9mm shell casings were fired from the same gun as those recovered from the scene of the Kitt murder.  According to Charisma Adderley, Cyril admitted to her that he shot Celestine a few days later.

Sanford Malone, who was shot to death on February 14, 2000, was the leader of a large-scale retail drug organization. Two other people were seriously injured. The State alleges that Cyril killed Malone on behalf of Edwin Avilez who was the leader of a competing retail drug organization; and Charisma Adderley assisted Cyril in carrying out the murder, which was solicited and procured by Avilez and Ramos.

According to supporters, police questioned Adderley three times about the murders and she said she knew nothing, only after police told her they would take her kids and lock her up did she say what they wanted her to say, and  Charisma recently apologized to Cyril’s mother at a parade in New York.

Further, according to a review of the transcript by “AC4L”, the three principle witnesses Ramos, Adderley and Avilez were all coerced and/or impeached.

[ Post under development]

Documents

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John Pecoraro

John Pecoraro was convicted of murdering Jimmy Ray Christian on December 6, 1982, and sentenced to death ( in 2011 Illinois abolished the death penalty, and sentences were commuted to life imprisonment ).

John was convicted on the basis of an unsigned confession, which he denies he made, and witnesses who may have had an incentive to lie.

According to a review in The Chicago Daily Law Bulletin (see below), the State did not disclose information about a third person who allegedly confessed to the killing, and failed to   disclose a promise of leniency it made to a witness, in exchange for cooperation.

Discussion

* The review ( source ) titled “When exculpatory evidence never makes it to defendant”

Reading the Illinois Supreme Court’s decision in People v. John Pecoraro, No.78457 (Feb.6), one gets the distinct impression that the defendant got more vengeance than justice in his litigation.

In Pecoraro, the high court found that the state’s failure to disclose information about a third person who allegedly confessed to the killing – a killing for which the defendant received the death penalty – did not constitute a violation of Brady v.Maryland, 373 U.S. 83,10 L.Ed.2d 215, 83 S.Ct.1194 (1963), and its progeny. The court also found that the state’s failure to disclose a promise of leniency it made to a witness, in exchange for cooperation, did not impair the defense – since the defense had discovered different helpful information on its own. The Supreme Court reasoned that because the defendant did not allege or prove that the witness had testified falsely at trial, no harm had been done.

To justify its ruling regarding the harmlessness of the failure to disclose the statement by the third party, who had admitted to committing the crime, the court discussed the admissibility of that third party’s statement under established rules of evidence. In doing so, the high court reviewed the several predicates for the admissibility of a hearsay statement by a third party who admits to committing a crime, as set forth in Chambers v.Mississippi, 410 U.S.284,35 L.Ed.2d297,93 S.Ct.1038 (1973), and the court determined that the statement would have been inadmissible hearsay – thus not causing harmful error.

In regard to the state’s failure to disclose its promise of leniency to the cooperating witness, the court reasoned that no harm had been done since that information would have been of little help to the defense in light of all the other impeachment evidence the defense had acquired on its own. The court thus found that the state’s failure to disclose the additional impeachment material was harmless to the defendant’s case.

With all due respect for our Supreme Court, it appears this ruling either shows a callous indifference to procedural due process and the right to counsel or lack of common sense. Surely our state’s highest court knows that a defense attorney’s efforts are not limited to the four corners of the discovery information received from the state.

If the state discloses the name of a witness who claims to have committed the crime for which one’s client stands accused, a competent defense attorney would usually hire an investigator and try to obtain admissible evidence showing that the declarant – not the accused – committed the crime in question. Furthermore, an effective defense team might be able to convince the declarant to testify – in which case there would be no hearsay problem. But if the state is allowed to hide exculpatory information from the defense, investigation opportunities can be destroyed before they can ever begin. In essence, the state would be able to deny an accused the assistance of counsel by simply hiding exculpatory material.

Note that in U.S. v. Bagley, 473 U.S.667 (1985), the U.S. Supreme Court held that, regardless of whether information is requested by the accused, favourable evidence is material, and constitutional error results from its suppression by the government if suppression adversely affects an outcome.

With regard to the state’s failure to disclose the deal it had with one of its witnesses, and the Pecoraro court’s finding that the lack of disclosure was harmless in light of other impeachment information, how would the court have ruled had a defendant asked that the state not be allowed to introduce cumulative evidence?

For instance, if this defendant had been willing to stipulate to the cause of death in his murder case, would the court have barred the state from offering gory autopsy photos? Probably not.

The Supreme Court frequently has ruled that a party trying to prove a point has the right to present all of its evidence – including gory autopsy photos. People v. LeMay, 35Ill.2d 208, 220 N.E.2d 194 (1966). In the instant case, the defendant was trying to prove that a key witness for the state was not credible. The defense should have been allowed to present all of the evidence it had on the credibility issue – including any deals the witness had with the state.

 

 

 

Jonathan Silva

Jonathan Silva was convicted in November 2008 of felony murder, attempted armed robbery, tampering with evidence and contributing to the delinquency of a minor after 53-year-old Virginia Land  was shot during a robbery attempt by two teenagers in November 2011 at a store in Lovington, New Mexico. He was sentenced to life in prison plus four and a half years.

According to an appeal ruling:

Store clerk Virginia Land was shot and killed in the Allsup’s convenience store in Lovington. New Mexico. Jonathan Silva and Juan Nava picked up Joshua G.  and Israel Marquez from a residence and dropped them off near an alley, and Child and Marquez walked over to the Allsup’s. Joshua G. was armed with a knife and entered the store with Marquez, who was armed with a shotgun. Marquez demanded money from the clerk, and when she refused, he shot her.

The teenagers were convicted or plead guilty to charges. One of them testified that Silva planned the robbery and supplied the shotgun used to kill Land, however he has now stated in an affidavit that Jonathan did not supply the gun, was not the “mastermind”, was not in their gang (contrary apparently to a claim by the prosecution) , and did not force the teenagers to commit the crime.

20161218_103302
Affidavit by Joshua G.

I, Joshua G., being first duly sworned according to the Law, present the following facts:

On Nov 6 2008, I Joshua G was called to testify on Joanathan Silva for the murder of Virginia Land. I was crossed examined by his Attorney. I was asked many questions, I was asked “If Jonathan Silva told me and Israel about the clerk or the terms “shoot the bitch” if she refused to give us the money”. Mr Silva never said this. Those statements were made by me earlier in the day. I was also asked a question about the “gun and the ammo”. The gun was given to us by 2 other guys one of which is serving time for the crime Juan Nava. Jonathan Silva never gave the gun or ammo to me or Israel.

It was also stated that Jonathan “made” us do this to establish loyalties for our gangs, or sets. Mr Silva is not from my gang, and Jonathan, did not make or force me or Israel to do anything. It was something that just happened. Mr. Silva was not the mastermind of the robbery or murder, no one was suppose to be shot or killed. Jonathan was just transportation.

I Joshua, am sorry for what has happened, and all the pain we’ve caused. Also for the loss of a innocent life that was taken. “I do this on my own free well”!

Image of affidavit

Discussion

 

 

 

 

Joseph Nissensohn

Joseph Nissensohn was convicted in 2013 of the 1981 murders of Tammy Jarschke, 13, and Tanya Jones, 14, along with the 1989 murder of a South Lake Tahoe girl, 15-year-old Kathy Graves.

On Sept. 9, 1981, a team of woodcutters found Tanya’s decomposed body tied with electrical wire to a tree about a mile off Tassajara Road on Chews Ridge, Monterey County, California. Sheriff’s deputies combing the area for evidence found Tammy’s remains nearby.

Nine years later, Nissensohn’s estranged wife, Cheryl Rose, showed up in a Florida battered women’s shelter. She told police her husband had killed a woman in Tacoma, Wash. She agreed to testify in exchange for immunity. The next year, Nissensohn was convicted of killing Sally Jo Tsaggaris, 46, during drug-fueled, bondage-style sex in a van.

Rose testified that she believed Nissensohn was responsible for many earlier murders, including two in Oklahoma and one in Nevada. She described the disappearance of Kathy Graves in South Lake Tahoe three months after the Tacoma murder.

Rose also told investigators about a killing that matched details of the Chews Ridge slayings. Nissensohn was sentenced to 25 years in prison for the Tacoma murder, but in 2008, after serving 15 years, he was about to be let out with credits for good behavior.

Monterey and South Lake Tahoe’s El Dorado County filed charges and combined all three murders to be tried at the same time. Authorities found Jessie Prieto, Nissensohn’s best friend. Prieto agreed to cooperate and said he and his friend were with Tammy and Tanya on June 25, 1981, and that Nissensohn told him he wanted to take the girls to Chews Ridge and rape them. But Prieto died before the case ever made it to trial. Cheryl Rose, who was in poor health, was barely able to testify in a 2010 preliminary hearing, and died five months later. However,  prosecutor Dale Gomes was able to submit Rose’s testimony transcript as evidence at trial. A jailhouse informant informant testified that Nissensohn confessed to killing Tammy and Tanya.

Just before Nissensohn was sentenced in 1991, he contacted police, and told them  in an interview that he did not kill Sally Jo Tsaggaris or Kathy Graves, claiming that his wife, Cheryl Rose, killed them, and he just hid the body of Tsaggaris. The long interview, which was taped, was played for the jury. Nissensohn told two offices that he was a scapegoat for Rose, who had killed Sally. He only helped get rid of the body, he said. The first murder trial was a conspiracy against him, he said, involving Rose, who testified in exchange for immunity, and his defense counsel, who offered no defense and simply rested their case without so much as calling a witness. Because he was about to be sentenced and likely extradited to California for the murder of Graves, he wanted to strike a deal himself. Nissensohn said on the tape that he met Rose in a motel and of their wild life of drugs and sex, with Rose bringing home “beautiful women” to “party” with and play “sexual games,” while he brought in drugs. One day, he came back from getting drugs to find Tsaggaris stabbed to death, but didn’t go to the police. Instead, he helped get rid of the body. “I know Cheryl did it,” Nissensohn said on the tape. “I came back to that van and that girl was dead. Cheryl did it. I had nothing to worry about … I sat there and heard it for a day and a half after my lawyer stuck it to me by going, ‘Defense rests.’ Guilty of second-degree murder. And all I did was help get rid of the body. Guilty of second-degree murder. I didn’t do it.

The defense called a witness who testified that her ex-husband killed Tammy and Tanya.

The defense called Brian Jarvis of the Marion County Sheriff’s Office to the stand. Jarvis, now retired, was part of interviews with Rose, which were played via audio and shown on video. Though the interviews from 1990 were nearly unintelligible, the jury was provided a transcript, and Jarvis was questioned after each segment.

The defense asked questions concerning answers Rose had given, showing she changed answers over time. Between the 1990 interviews and a 2007 interview, she changed her story of the last time she saw Kathy Graves, a South Lake Tahoe teenager Nissensohn is accused of killing. First, she said she saw the girl leaving to hitchhike to find a job; then, she last saw the girl as Nissensohn led her into the hills of the forest, after they had stopped their van. Nissensohn allegedly wanted sex, and when denied by the girl, killed her.

She also changed her story of what Nissensohn had carried into the woods. Originally, she said it was a quilt. Then, she changed her story to a bag of sex toys that also had a kitchen knife — what she said Nissensohn used to kill Graves and Tsaggaris.

News Reports

Discussion

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”:

frankfort

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.

complaintwindscreen

Discussion

 

 

 

 

 

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.

Proposal Post

 

Kenneth Grondin

20-year-old Andrea Eilber was found shot to death  in 2011.

Her boyfriend, Kenneth Grondin, was convicted of her murder.

His family maintains he didn’t do it.

“He was OK because he knew that he was innocent and that it would all work out,” said Kenneth’s mother, April Grondin.

It’s not the holiday season the Grondin family envisioned.

They were sure their son, 23-year-old Kenneth, would be cleared of murder charges this past October, but instead, a jury found him guilty of murdering Eilber.

“I think they had their mind made up as soon as they found her body,” April said.

They’re convinced someone else pulled the trigger on Eilber while she was house-sitting in Lapeer County’s Mayfield Township.

Source abc12.com December 28, 2015

Website | Discussion

Warren Horinek

On March 14, 1995, Warren Horinek called 911, claiming his wife Bonnie had shot herself. When paramedics arrived, they found Bonnie dead. She was lying on the couple’s bed with a gunshot wound to the chest. Warren was frantically administering CPR. On the bed next to Bonnie’s body was a .38 revolver and a shotgun. There was no sign of a break in. Police quickly narrowed the possible scenarios: Either Bonnie had committed suicide or Warren had murdered her. Warren claimed from the beginning that Bonnie had killed herself.

The people normally responsible for prosecuting a murder came to believe that Warren was telling the truth. The crime scene investigator, the homicide sergeant, the medical examiner and the assistant DA assigned to prosecute the case all became convinced that the evidence pointed to suicide.

“I always thought that it was suicide,” Mike Parrish, the prosecutor handling the case, told the Observer last year. “Still do.”

Bonnie’s parents chose to hire a private attorney, who, through a quirk in the law, obtained a grand jury indictment of Horinek. That led to a bizarre trial. Everyone trying to convict Warren was in private practice, and the agents of the state—crime scene investigator, homicide sergeant and assistant DA—all testified for the defense.

It seemed Warren was headed for acquittal until the testimony of the prosecution’s final witness—a blood spatter expert from Oklahoma named Tom Bevel. He testified that the small spots of blood found on Warren’s t-shirt the night of Bonnie’s death were certainly the result of blood spatter form a gunshot. He said the spatter proved Warren had fired a gun the night of the murder.

It was Bevel’s blood spatter testimony that led to Warren’s conviction.

The problem is Bevel may well have been wrong. Several nationally known blood spatter experts have examined the Horinek case and strongly believe the blood spots resulted from Warren administering CPR to Bonnie. They say the key forensic evidence that sent Warren to prison is flawed.

Article

Discussion

Shan Carter

Shan Carter robbed a drug dealer, and following an outbreak of violence related to this robbery was convicted of three 1997 murders and sentenced to death. However the truth may be that:

  • Shan is completely innocent of the kidnapping and murder of drug dealer Donald Brunson.
  • Shan was acting in self-defense when he shot at drug dealer Tyrone Baker and possibly killed him.
  • Shan may have been responsible for the accidental and inadvertent death of Demetrius Green, an 8 year-old boy who was sitting in a car when struck by a ricocheting bullet.

Source

WebsiteDiscussion | Proposal Post

 

Oran Jones

[ Case description to come ]

News report from October 1992:

A former death row inmate may soon be free, thanks to the efforts of Oklahoma’s NAACP director.

The state Pardon and Parole Board recommended a parole to Colorado for Oran Jones, who at one time faced the electric chair for the 1974 robbery-slaying of an Oklahoma City motel owner.

Parole board members were set to deny clemency for Jones until the Rev. Wade Watts of McAlester testified on his behalf Thursday.

Before hearing Watts’ remarks, one board member even interrupted an Oklahoma County prosecutor’s objection of Jones’ clemency bid, saying the protest wasn’t necessary.

“I had him marked ‘no’ originally,” said Carl Hamm, the board’s vice chairman. “Reverend Watts was what influenced me. ” Watts said Monday, “I have kept up with this boy for several years. All the guards have spoken very highly of him. They say not only has he never caused any problems, he’s actually kept trouble down. ” Jones, 41, is part of a prison group that speaks to youth groups and tries to steer them away from lives of crime, said Watts, who is the state’s executive director of the National Association for the Advancement of Colored People.

Watts said he has spoken before the parole board on behalf of “a dozen or more” inmates, “and only one has turned out bad. ” He also said he had doubts about Jones’ conviction for the slaying of Ealam Stanley at a motel in the 2100 block of NE 23.

The court transcript showed that Jones accepted an immunity offer to testify against another suspect, then was charged with first-degree murder anyway, Watts said.

“I think he was there (at the motel), but I don’t think he was the triggerman,” Watts said. “If I thought deep down that he was guilty, I wouldn’t have gone to bat for him. ” Jones was among several Oklahoma inmates whose sentences were modified to life a year after the U.S. Supreme Court declared the death penalty unconstitutional.

A parole board official said it was the first time in several years that clemency had been recommended for a former death row inmate.

The board voted 3-1 Friday to approve a parole only to Colorado after a family member from the Denver area said Jones could live with her.

Colorado officials have not said whether they will accept Jones’ plan, said Jerry Massie, Oklahoma corrections department spokesman.

Discussion here

OranJonesAffidavit

Gary Leiterman

Gary Leiterman was convicted after worthless DNA evidence linked him to the 1968 murder of Jane Mixer.

Leitermans’s DNA, Jane Mixer’s evidence from her murder, and John Ruelas’ DNA were all in the Michigan State Police lab at the same time. It’s obvious that there was contamination, since in 1969 Ruelas was a young child.

An alternate possible suspect is serial killer Edward Wayne Edwards.

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