Former Judge Appeals Court Denies Appointment of Experts; Amended Motion Filed Alleging New Evidence.
It has been nearly 3
years since the first post of this blog, and over 80,000 viewers later the
results have been favorable. Thanks to everyone who believes in me and supports
my cause, especially to those who have come forward with new information and or
evidence. In 2015, 149 prisoners were exonerated, an all time high, and it is
promising to see the public has interest in preventing wrongful convictions like
mine. Shows like making of a murderer on
Netflix and its coverage of the Steven Avery case in Wisconsin have opened Americans
eyes.
There have been 2 specific developments in my case in the
last couple of months. Most recently my attorney filed an "Amended Motion for
Post Conviction Relief" raising several new issues. The motion explains how the
FBI and possibly the State Attorney Angela Corey misled my defense by failing
to disclose the identity of an analyst who performed the blood DNA testing early in the
case.
Instead my attorneys and I were lead to believe for over 14 years that another analyst was responsible for contaminating the blood DNA evidence. This topic is covered in detail in the June 6, 2015 post. If you will recall, this blood DNA tested negative for any blood DNA the first time and then miraculously contained 5 peoples blood DNA after my samples were taken.
Instead my attorneys and I were lead to believe for over 14 years that another analyst was responsible for contaminating the blood DNA evidence. This topic is covered in detail in the June 6, 2015 post. If you will recall, this blood DNA tested negative for any blood DNA the first time and then miraculously contained 5 peoples blood DNA after my samples were taken.
Most importantly is the motion includes the issue of Angela
Corey purposely withholding information relating to a confession of sorts made
by another suspect. This was covered in the July 30, 2015 post. The seriousness of potentially allowing a man to continue walk the city speaks for itself.
If you are interested you can read the originals by clicking here on the county court house website. You will need to create an account and search my name "Robert Denney".
If you are interested you can read the originals by clicking here on the county court house website. You will need to create an account and search my name "Robert Denney".
In other news, another legal battle has come to an end in my
case. Considering the fact this case, and the current appeal revolves around DNA evidence;
my attorney Rick Sichta filed for a "Motion for Appointment of Experts" asking
the courts to appropriate the necessary funds to retain experts in DNA crime scene
analogy and forensic pathology. Although the law favors the appointment of
experts, Judge Mallory Cooper denied the motion. This means we will not be
allowed the less than $5,000 needed for retesting. This may be due to the misappropriations
of funds already spent on my case which total somewhere in the 5 million dollar
range.
This is a major blow to my case. Even though there is a
significant amount of evidence to suggest tampering and contamination, without
the experts to corroborate the evidence the court will likely deny relief. Fortunately Judge Cooper has retired and I
have faith the new Judge will more fairly consider any new requests my lawyer
has. Regardless after quite a bit of litigation I am left without experts
needed to prove my claims simply because I am unable to afford them myself.
I expect the case to progress a lot more in 2016. Currently
there is no date set for the post conviction evidentiary hearing, but there
continues to be meaningful investigation into multiple leads and facets of the
case. As they unfold and develop I will update every one as soon as it becomes
public records.