Category Archives: News – Retrial Ordered

Brendan Dassey conviction overturned

Brendan Dassey‘s conviction has been overturned. An extract from the Order:

Consequently, the court finds that the confession Dassey gave to the police on March 1, 2006 was so clearly involuntary in a constitutional sense that the court of appeals’ decision to the contrary was an unreasonable application of clearly established federal law.

The court does not reach this conclusion lightly. The present decision is made in full appreciation of the limited nature of the habeas remedy under AEDPA and mindful of the principles of comity and federalism that restrain federal intervention in this arena.

However, the high standard imposed by AEDPA is not a complete bar to relief. Cockrell, 537 U.S. at 340. While the circumstances for relief may be rare, even extraordinary, it is the conclusion of the court that this case represents the sort of “extreme malfunction[] in the state criminal justice system[]” that federal habeas corpus relief exists to correct.

Retrial ordered for Johnny Hincapie

A state judge on Tuesday ordered a new trial for a Queens man who was convicted of taking part in the 1990 killing of a tourist from Utah during a chaotic robbery on a New York subway platform.

The judge, Eduardo Padro, said in his ruling he was convinced that new evidence presented during a hearing this year warranted a new trial. Three witnesses testified that the convicted man, Johnny Hincapie, was not on the subway platform when the victim, Brian Watkins, was stabbed while trying to defend his family from muggers.

Read more at New York Times

Mario Casciaro conviction overturned

Mario Casciaro‘s conviction was overturned on Thursday.

“They just tore the prosecution apart. They said it was ridiculous, ludicrous, the evidence was improbable,” said Kathleen Zellner, Casciaro’s attorney.

Casciaro was convicted of murder after the 2002 disappearance of 17-year-old Brian Carrick. Carrick, was last seen a few days before Christmas 2002, at the Johnsburg, Ill., grocery store where he worked, owned by Casciaro’s parents. Carrick’s body was never found.

The conviction hinged on the testimony of another coworker — Shane Lamb – who after receiving immunity, claimed Casciaro asked him to confront Carrick about a $500 marijuana debt.

Prosecutors said they plan to appeal the ruling to the Illinois Supreme Court.

Source : http://abc7chicago.com/991322/

PA Innocence Project Helps Lewis Fogle, Freed 34 Years After His Conviction Due to DNA Exclusion

Fogle’s wife has always stood by him, the couple married just before his conviction. “He’s my husband and I love him,” said a tearful Deb Fogle, “It’s been a long, long process.”

News Report August 13, 2015

Dare to Think

Lewis Fogle was yet another victim of incentivized testimony.  Fogle, a Pennsylvania man, was imprisoned 34 years ago for the rape and murder of a teenage girl mostly based upon the testimony of jailhouse snitches.  A judge this week vacated the conviction for the 1976 rape and murder of Deanna Long.  Prosecutors have not decided whether or not they will retry Fogle.  The Pennsylvania Innocence Project pressed police to dig out physical evidence that could be retested for DNA.  The Indiana County prosecutor’s office agreed to retest the items.

The DNA test excluded Fogle, who was serving life in prison, as the source of sperm found on the victim.  Prosecutors subsequently agreed to overturning Fogle’s conviction.  Indiana County District Attorney Patrick Dougherty said his investigators are now combing through the remaining evidence to see if they have a strong enough case to retry Fogle.  Dougherty said that he believes Fogle…

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Raymond Tempest

Raymond Tempest, 62, was convicted in 1992 of second-degree murder. He was said to have bludgeoned and strangled 22-year-old Doreen Picard in Woonsocket, Rhode Island, in 1982. But new DNA tests reveal hair and blood found at the scene were not his.

Source: Daily Mail, July 14, 2015 – Conviction overturned.

Supported by the New England Innocence Project.

Reversal Ruling also here : a good read.

Proposal Post | Facebook Group

News

Bail hearing August 4th : “A Superior Court judge on Tuesday rejected the state’s request that he put on hold his ruling vacating Raymond D. `Beaver’ Tempest’s murder conviction and agreed to consider releasing the 62-year-old on bail Aug. 14.
Judge Daniel A. Procaccini found that Tempest did not pose a flight risk or represent harm to the public.”

August 14 : “After spending 23 years in prison for the murder of Doreen Picard, Raymond “Beaver” Tempest will be released to home confinement on Tuesday.”

September 22 : Bail Granted

Innocence Project Blog 24 September 2015 – Summarises position.

Michael Amick

Michael Amick was wrongly convicted for the 2008 murder of Leona Vaughan, his grandmother-in-law, at her daughter Jackie Risner’s home in Myrtle, in southern Missouri, and the fire that destroyed the home after the murder. Vaughan had been shot six times in the head. On June 16, 2015, the conviction was overturned.

During the three full days of testimony, the jury heard from more than a dozen witnesses on both sides of the case, mostly in favor of the defendant, placing him at several locations in the Myrtle area at the time of the Risner home fire.

One witness, Risner’s neighbor, Jake Mayberry, who was 19 at the time of the murder, testified he saw Amick’s pickup truck at the Risner home about 15 minutes before seeing smoke coming from the house. Mayberry’s description of Amick’s truck as a silver extended-cab rather than a pewter crew-cab pickup was a critical point of contention for Amick’s defense team.

Mayberry admitted smoking marijuana sometime in the month before Vaughan’s death, although not that morning. Several times during the trial and during closing arguments, defense attorney Dee Wampler said Mayberry was “too high on pot” to identify Amick’s truck.

“This guy’s brain deserves to be in the Smithsonian when he dies,” Wampler said of Mayberry.

Missouri Assistant Attorney General Kevin Zoellner of Jefferson City, who served as prosecutor alongside Oregon County Prosecutor Fred O’Neill, accused the defense of fraud for producing a photo of a similar pickup truck, presumably to trick Mayberry into identifying it as Amick’s truck.

Linda Amick testified that her son did not benefit from Vaughan’s death. She named several people in the community that she said did benefit by Vaughan’s death, saying they were dealing in large quantities of drugs from California, and Vaughan likely confronted them about the drugs.

Source: News report on the trial July 6, 2011

Appeal

Featured case #76 Discussion | Discussion Group | Proposal Post | Facebook Page | Featured Case Post

Documents ( see also discussion group documents )

Document on alleged Perjury by Deputy King | Brief 31 December 2014

News

24 May 2014 Jake Mayberry charged for a driving-related offense

16 June 2015 Conviction overturned
“In that trial, the judge excused a juror for health reasons after the jury had already begun deliberations. That juror was replaced with an alternate juror that had already been excused and had gone home.”

29 November 2016 Detailed article at The Reporters.org

1 December 2016, Found Not Guilty after retrial.