Post by SoulTrainOz on Jul 22, 2006 7:25:27 GMT -5
Stanley Jalowiec has sat on death row for 10 years, insisting that
authorities covered up evidence proving he is innocent.
He might be right, a judge says.
U.S. District Judge Donald Nugent says Elyria detectives and former Lorain County Chief Assistant Prosecutor Jonathan Rosenbaum may have withheld evidence during Jalowiec's 1996 trial in the murder of police informant Ronald Lally.
Lally's body was discovered in Cleveland's Woodland Cemetery on Jan. 19, 1994, the day he was scheduled to testify in a drug-trafficking trial in Lorain County. He had been shot in the mouth, cut along the throat and run over by a car.
Nugent ordered police and prosecutors in March to turn over documents they did not present during the trial, including material suggesting that Jalowiec was not present during the slaying.
"If this information had been provided to Jalowiec before the trial, there is a reasonable probability that the result of the proceedings would have been different," Nugent wrote.
Nugent also ordered Rosenbaum, Elyria Police Chief Michael Medders, 5 Elyria officers, 2 Cleveland police officers and Jalowiec's trial attorneys, Joseph Grunda and Edward Clearly, to be questioned by Jalowiec's current attorneys. The depositions are scheduled for next week.
Rosenbaum declined to comment Thursday.
Prosecutors and investigators had until last Saturday to hand over the documents. But in a hearing Wednesday, Jalowiec's attorneys told Nugent that Elyria police had not cooperated.
"We've been concerned about their tactics," testified Timothy Payne, assistant state public defender. "We're wondering what they're doing."
Defense attorneys need more time to examine close to 10,000 documents before taking depositions, Payne said.
Nugent then gave Elyria police until this afternoon to hand over a
trunk-size tote filled with documents. He promised to have a hearing Monday if the city failed to comply.
Assistant Law Director Linda Powers declined to say Thursday whether the city had turned over the documents.
Lally was a police informant in a drug buy that resulted in the arrests of Raymond Smith and his son Daniel.
14 months after his death, Lorain County prosecutors indicted the Smiths and Jalowiec, who were already held in other crimes.
A jury convicted Raymond Smith in January 1996, and a judge sentenced him to die. He is awaiting execution. A jury acquitted Daniel Smith in April 1996.
Jalowiec was convicted in March 1996 and sentenced to death. The 9th District Ohio Court of Appeals and the Ohio Supreme Court upheld the conviction. Jalowiec was set to die in 2004, but Nugent delayed the execution.
(source: The Plain Dealer)
authorities covered up evidence proving he is innocent.
He might be right, a judge says.
U.S. District Judge Donald Nugent says Elyria detectives and former Lorain County Chief Assistant Prosecutor Jonathan Rosenbaum may have withheld evidence during Jalowiec's 1996 trial in the murder of police informant Ronald Lally.
Lally's body was discovered in Cleveland's Woodland Cemetery on Jan. 19, 1994, the day he was scheduled to testify in a drug-trafficking trial in Lorain County. He had been shot in the mouth, cut along the throat and run over by a car.
Nugent ordered police and prosecutors in March to turn over documents they did not present during the trial, including material suggesting that Jalowiec was not present during the slaying.
"If this information had been provided to Jalowiec before the trial, there is a reasonable probability that the result of the proceedings would have been different," Nugent wrote.
Nugent also ordered Rosenbaum, Elyria Police Chief Michael Medders, 5 Elyria officers, 2 Cleveland police officers and Jalowiec's trial attorneys, Joseph Grunda and Edward Clearly, to be questioned by Jalowiec's current attorneys. The depositions are scheduled for next week.
Rosenbaum declined to comment Thursday.
Prosecutors and investigators had until last Saturday to hand over the documents. But in a hearing Wednesday, Jalowiec's attorneys told Nugent that Elyria police had not cooperated.
"We've been concerned about their tactics," testified Timothy Payne, assistant state public defender. "We're wondering what they're doing."
Defense attorneys need more time to examine close to 10,000 documents before taking depositions, Payne said.
Nugent then gave Elyria police until this afternoon to hand over a
trunk-size tote filled with documents. He promised to have a hearing Monday if the city failed to comply.
Assistant Law Director Linda Powers declined to say Thursday whether the city had turned over the documents.
Lally was a police informant in a drug buy that resulted in the arrests of Raymond Smith and his son Daniel.
14 months after his death, Lorain County prosecutors indicted the Smiths and Jalowiec, who were already held in other crimes.
A jury convicted Raymond Smith in January 1996, and a judge sentenced him to die. He is awaiting execution. A jury acquitted Daniel Smith in April 1996.
Jalowiec was convicted in March 1996 and sentenced to death. The 9th District Ohio Court of Appeals and the Ohio Supreme Court upheld the conviction. Jalowiec was set to die in 2004, but Nugent delayed the execution.
(source: The Plain Dealer)