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Court of Appeals: Baltimore court wrong to limit DNA evidence
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BALTIMORE (Map, News) - Maryland’s highest court twice rebuked the Baltimore City Circuit Court on Tuesday, saying Baltimore was too restrictive in how it handles post-conviction DNA testing.
James Thompson, 47, and James Owens, 41, are seeking to have their 1988 Baltimore City murder convictions overturned because of new DNA evidence their lawyers say exonerates them. The Maryland Court of Appeals ruled that Thompson can use the new evidence in his defense.
“He can now use the test result that exonerated him,” said Thompson’s lawyer, Suzanne Drouet, an assistant public defender with the Innocence Project, a nonprofit legal clinic that attempts to exonerate wrongly convicted inmates through DNA testing. Baltimore City Circuit Court Judge Kaye Allison “had set such onerous conditions on the testing, it would have made it difficult for Mr. Thompson to prove his innocence,” Drouet said. “If the judge’s ruling stood, we would not have been able to use this test result.”
Owens and Thompson were convicted in 1988 of the Aug. 2, 1987, murder of Colleen Williar in the upstairs bedroom of her Baltimore home. At Owens’ Feb. 29, 1988, trial, Thompson confessed to burglarizing Williar’s home and watching as Owens beat, raped, stabbed and strangled the victim.
But defense attorneys now say new DNA results exclude Thompson and Owens as the originators of the sperm found on Williar’s body, and a blood stain on Thompson’s pants came from a man — not Williar. But prosecutors have adamantly denied that the new tests mean the men are innocent of the crime.
Magaret Burns, the city state’s attorney spokeswoman, has called the new evidence “trivial,” and said it does not outweigh Thompson’s murder confession and other physical evidence. George Burns, another one of Thompson’s attorneys, said city prosecutors have been tough on allowing DNA evidence.
“Most prosecutors allow you to do DNA testing if you want to,” he said. “The city has generally not allowed DNA testing.”
In another decision about post-conviction DNA testing Tuesday, the Court of Appeals also decided against a Baltimore City Circuit Court decision to disallow new DNA testing sought by George Blake, who was convicted in 1982 of rape.
Baltimore police say no evidence remains for Blake’s case, but Maryland’s high court ruled that the judge must determine that for herself instead of taking the police department’s word for it.
“This ruling gives my client a fair consideration of his petition,” said Blake’s attorney, Michael Malloy.
Assistant Attorney General Shannon Avery, who represented the city circuit court in both cases, did not return phone calls.
lbroadwater@baltimoreexaminer.com
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STUDENT said:
mr.oei has made the name of our school bad. now that he has done this everyone will now bout freedom high school but not in a good way. they will always know it as the school with the bad V.P.
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Rose Johnson said:
I read the complaints about Ross Ridge apartments,I moved in April 22 of this year.I am having the same problems,I have not seen any mice yet and I live on the bottom floor.My air conditioner was leaking and they left nasty brown stains on my wall which have not been fixed yet,2 months ago.My carpet is wet by the door where the air conditioner is.My bathroom has mold and water stains all over the ceiling above shower head,and stain marks streaking all the way down the tile.I was told there is a leak upstairs and that needed to fixed first before they could fix mine,but that was 2 1/2 weeks ago.Also there is mold around the ceiling along with the water spots.My refrigerator door was not shutting for a month,and was leaving cold air out ,running more than it should have,the light stayed on constantly,open the door and water flys out at you.Took door off and said to take out light bulb.Well frig is still dripping.dishwasher is not bolted to counter,it falls out.They do not fix anything.
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Examiner Reader said:
Does anyone have an update on the ongoing suit of Ross Ridge Apartments being sued by tenants? Does anyone here know of someone that currently lives there? Has Ross Ridge made any changes or renovations to their apartments? Thank you in advance for your response.
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Examiner Reader said:
Does anyone have any update on Ross Ridge Apartments being sued by tenants? Thank you.
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Examiner Reader said:
I currently live in Morgan Properties Towson Crossing Apartments. I have been complaining about the mice infestation for over 2 years now. I was told the infestation was because of the renovations. They even put in there newsletter ways to control the infestation by using peppermint oil. This was something I told them I was trying. The exterminator they sent even said there are alot of holes around the baseboard of the floors that needs repairs. With our cheap renovation which consisted of spray painting the bathroom tub and shower, we also got new carpet in the halls, new number signs outside the apt building but no concern, help or remedy to the infestation.
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Examiner Reader said:
whats the status of this case... I live in the apartments now and am having the same problems
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Examiner Reader said:
Towson Crossings Apartments Tenants (Morgan Properties) are experiencing the same horrific living conditions! This morning one of the tenants posted a message in reference to the tenants moving out and the rodents moving in. Ignored work requests, filthy surroundings, trash and filth;I have encountered mice, waterbugs, roaches, crickets, spiders, in less than a month in my newly renovated $880+ top floor, 2-bedroom apartment. I'm so tired of tip toeing through my apartment out of fear of seeing/stepping on something. Its nerve wrecking for someone who maintains cleanliness, work hard to have to find peace outside of "what's considered home". Terrified Unhappy Tenant of Towson Crossings
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