Category Archives: Defense lawyering (good and bad)

Update on the Hannah Overton Case

Five days ago, we happily posted here that the Texas Court of Criminal Appeals had overturned Hannah Overton’s conviction for murdering her 4-year-old stepson by salt poisoning.  The basis for the ruling was ineffective assistance of counsel, and we bemoaned the fact that the court let the prosecutor off the hook for egregious Brady violations.

Well … the happy ending is still a long way off.  The day after our posting, on October 18, 2014, Nueces County DA Mark Skurka announced that his office will retry Hannah Overton.

Given the evidence that the prosecutor had early on, and did not disclose to the defense, Overton never should have been charged in the first place. This was a “crime” that never happened.

Read the full story by Pamela Colloff for the Texas Monthly here.

If you can read Colloff’s article through, and not be bristling with anger, then you just don’t understand, or you need to read it again, or you’re just on the wrong blog.

Texas Appeals Court Grants New Trial … but Lets Prosecutor “Off the Hook”

The Texas Court of Criminal Appeals has granted Hannah Overton a new trial based upon her claim of  “ineffective assistance of counsel” (IAC).  She has served seven years of a life sentence for capital murder in the death of her 4-year-old stepson who died of a sodium overdose (salt poisoning).  She truly did have ineffective assistance of counsel, because her attorney did not present the videotaped deposition of a salt poisoning expert saying that the overdose was likely unintentional, and there was nothing she could have done.

But here’s the part of the story that really gets me.  Overton had also filed a claim that the prosecution had withheld exculpatory evidence (Brady violation), and the court was presented with both the IAC claim and the Brady claim.  In it’s ruling, the court declined to rule on the Brady claim, saying it was unnecessary since they had granted a new trial based upon the IAC claim.  They let the prosecutor off the hook.

Story from KRIS TV (Corpus Christi, TX) here.

For a current update, see the KRIS site here.

Exoneration in California Yesterday

MellenYesterday, Susan Mellen was released from prison after doing 17 years for a murder she did not commit.  She was serving a term of life without the possibility of parole.

Thanks in large part to the work of the organization Innocence Matters, a year-long investigation revealed that she was convicted solely on the basis of testimony from a woman who was proven to be a pathological liar, and that the defense at her trial had not researched that, and it was not presented in her defense.

The judge took only two minutes to vacate her conviction and dismiss her case. He was quoted as saying, “Ms. Mellen is not only not guilty. I believe, based on what I’ve read, that Ms. Mellen is innocent.”  “The justice system failed.”  The prosecution cooperated.

See the DAILY BREEZE story here.

Adrian Thomas “Not Guilty” in Second Trial

Adrian Thomas was originally convicted of causing the death of his 4-month old son in 2008.  This was largely a result of his confession under interrogation by the police in Troy, NY.

As previously posted on this blog, Thomas was subjected to a 9 hour highly coercive interrogation by the Troy police:  Blatantly Coerced Confession Results in Conviction Reversal.

Thomas’s confession was even the subject of the documentary film Scenes of a Crime.

In a second trial, just concluded June 11, 2014, Adrian Thomas was found not guilty.

See the Times Union story here.

 

Interesting SCOTUS Forensics Case….

Today, in Hinton v. Alabama, the U.S. Supreme Court found the trial attorney’s failure to request funding for a sufficient expert to challenge the State’s ballistics experts constituted ineffective assistance of counsel.  Opinion here.

Anthony Graves, Exonerated Death Row Inmate, to File Grievance Against Former Texas Prosecutor Charles Sebesta

AGraves

Yet another case of egregious prosecutorial misconduct.

Anthony Graves was wrongfully convicted and sentenced to death for a gruesome multiple homicide that occurred in Somerville, TX in August of 1992.  He was ultimately exonerated and released from prison in 2010.

The prosecutor in the case, Charles Sebesta, under intense public pressure for a conviction of Graves with a death sentence, ignored all evidence pointing to his innocence,  pressed ahead, and, as the special prosecutor appointed to handle Graves’ retrial said, “Sebesta manufactured evidence, misled jurors and elicited false testimony.”  The special prosecutor laid the blame for Graves’ wrongful conviction squarely at the feet of Sebesta.

Anthony Graves and the Houston law firm of Bob Bennett & Associates will file a grievance with the Texas Bar’s Office of the Chief Disciplinary Counsel seeking sanctions against Sebesta for his central role in Graves’ wrongful conviction and imprisonment.

Read the case statement of facts here – Statement-of-Facts.

You can see the full press packet here.

And read the Texas Monthly story here.

Editorial PS:  I think it’s tragic that Mr. Graves has to pursue redress through the Bar Association.  He should have remedy available through the courts.

Jerome Morgan Wins New Trial in New Orleans

With the help of the New Orleans Innocence Project, Jerome Morgan, who has spent 19 years in prison for a murder termed the “sweet 16 birthday shooting,”
has been granted a new trial.

The prosecution withheld exculpatory evidence in the case, and in Judge Darryl Derbigny’s order he states, “the evidence presented before this court is wrought with deception, manipulation, and coercion by the New Orleans Police Department,” and that “such newly discovered evidence undermines the confidence of the verdict and is fit for a new jury’s judgment.”

Additionally, two prosecution witnesses have recanted, and it was also determined that Jerome had ineffective assistance of counsel.

Read the New Orleans Times-Picayune story here.