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Brian Peixoto case update: Back in Court!

Written by Lisa Munger, M.Ed. Advocate

Friends and supporters, we are thrilled to inform you all that we are officially back in court!  What is truly remarkable is that so far we have had the cooperation of the DA’s office as there has been no opposition to the motions filed. We are hopeful that this is a strong indication that everyone is finally ready to learn what actually happened and why Brian is factually innocent. We look forward to a continued, cooperative effort in pursuit of the truth.

Brian’s legal team has been incredibly busy building the foundation for a Motion for New Trial. In July, a Motion to Compel, Search for and Provide Access to and Copies of Trial Exhibits was filed in Bristol Superior Court. Not only was there no opposition to the motion, but the DA made arrangements with one of Brian’s attorneys, Jack Cunha to turn over evidence.

Although the second pleading, a Motion for Access to Forensic Evidence was also not opposed by the DA, Brian’s legal team was before the court earlier this month to present the motion. As you can imagine, it was incredibly validating to hear the judge order the evidence to be turned over to the defense.

We are hoping this collaboration will continue as we progress, steadfast through the process.

This past January, Brian marked 25 years of incarceration for a crime he most assuredly did not commit. Brian is only looking ahead. His daughter, Amber was just 4 years old when he was taken from her life. Amber’s son, Anthony Brian will turn 4 later this year. He is hopeful that he will be home in time to pick up life with his grandson where he left off with his daughter.

In 1996, Brian was arrested and charged with murdering his then-girlfriend’s three-year-old son. From the very first police interrogation to this day, Brian has told only one version of events. Medical experts will attest that to a degree of medical certainty, Brian’s consistent accounting is the only one that makes sense based on the actual medical evidence. He would be the first to tell you that he is a realist. To hear him after a call with his legal team you would understand just how real the expectation is that his conviction will be overturned.

Brian is sponsored by the CPCS Innocence Program.  Director Lisa Kavanaugh has taken an active role to ensure that these post-conviction efforts proceed efficiently and effectively.  Nicole Collins, a legal fellow with CPCS has facilitated an in-depth review of all aspects of this case. Top Boston criminal defense attorney Jack Cunha is ready to lead this team into the courtroom. Former RI public defender and IA board member, Jennifer Fitzgerald, has led the discovery of what will undoubtedly be specifically what will overturn Brian’s conviction. For years she has educated herself on complex medical issues and has relentlessly asked the questions and pursued every path. Private investigator John Nardizzi was the catalyst in pulling together this legal team.  He is the founding member of this team.

Our website includes the basic facts and court history of this case. Pages detail our long and arduous fight to prove Brian’s innocence. It will be updated with shocking and indisputable evidence of Brian’s innocence. We wholeheartedly believe that if the jury had all of the information we are about to present to the court that they would most likely have found Brian not guilty. Although we cannot get into specifics about the medical evidence or experts at this time, rest assured, you won’t need a medical degree to understand exactly what happened.

We have been incredibly fortunate with support from medical and legal experts and those with this unfortunate commonality.  This legal team is very hard at work drafting the Motion for New Trial. You are hearing this first here, on an Injustice Anywhere platform where these efforts began years ago.

Be sure to like us on Facebook and follow us on Twitter where we will be sure to keep you posted on our legal efforts as we are most definitively #onedaycloser.

Snow Files Season 2 Episode 34: Andy the Juror

Andy, a juror from Susan Claycomb’s trial, joins Tam and Ray for an in-depth interview about deliberations from her trial. Jamie’s co-defendant, Susan Claycomb was found not guilty at her trial, which was held first, and 90% of the trial was focused on the evidence against Jamie. They had to find Jamie guilty of murder in order to find Susan guilty of being the driver. Andy takes us behind the scenes of deliberations in Susan’s trial. What evidence was Susan’s jury focused on? Were there any sticking points? Andy also revealed they were questioned after the verdict by States Attorney Charles Reynard and Teena Griffin. What did they ask the jurors and why does it matter? You may be surprised at the effect the juror’s answers to these questions had on Jamie’s trial. You’ll learn all this and much more in this eye-opening interview.

Please join us at the McLean County Law & Justice Center in Bloomington, Illinois on September 8th at 1:30 Central time to show support for Jamie’s new attorney from the Exoneration Project, Lauren Myercough-Mueller, as well as for Jamie and his family. Keep up with updates on the Facebook Event page here: https://www.facebook.com/events/255184552723871/

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email: tips@snowfiles.net or call 888-710-SNOW (7669) It’s free and confidential

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Murder in Hawaii: Why Wrongful Convictions Happen

A free 14-part documentary presented by Judges For Justice

Dana Ireland

On Christmas Eve, 1991, 23-year-old Dana Ireland was run over while riding her bicycle on the Big Island of Hawaii. The killer took her to a remote location where she was dumped in the bushes, sexually assaulted, and left to die. At 12:25 a. m. Christmas morning, Dana Ireland died of her injuries in the Hilo hospital.

Eight years later, even though they did not match the male DNA left at the crime scene, three local men were convicted of the brutal crime. The men were Frank Pauline and two brothers, Albert Ian Schweitzer and Shawn Schweitzer.

In our documentary, MURDER IN HAWAII, we describe the facts of the crime. We examine key evidence, including the testimony of four eyewitnesses who were never called to give evidence at either trial. We explain how the killer – the only man who left his DNA on Dana Ireland and on a bloody T-shirt found at the crime scene – could be captured today, 30 years later.

We also look at other wrongful convictions to illustrate how innocent people get convicted. If we can identify why wrongful convictions happen, then we can prevent them in the future.

Judges for Justice was founded on the premise that most people are of goodwill. They reject injustice when they are shown the truth. Justice is the perfect blending of truth and good will.

Watch the entire documentary on the Judges for Justice website.

Snow Files Season Two: Forensics Edition

Snow Files season two is live! In the first episode, we will focus on the state of the body from the perspective of the first officers on the scene. What position was the body in? How was it secured? Who touched it? The devil’s in the details, and this episode is will give us the baseline for examining issues in the upcoming episodes. This is where it all begins. Don’t forget to share!

On the night of March 31, 1991, Bill Little was murdered at the Clark Gas Station on Empire Street in Bloomington, IL. Immediately, Bloomington police secured the scene, examined the victim’s body, and collected physical evidence. Shoeprints, fingerprints, and blood type all excluded Jamie Snow. Jamie Snow was ultimately convicted of the murder in 2001, based solely on faulty eyewitness and jailhouse snitch testimony. This episode covers forensic evidence from the victim’s body that should be retested with modern day technology, and explores evidence from the victim’s body that was never tested. The State of Illinois continues to fight any additional forensics testing to this day.

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Join the Discussion: https://www.facebook.com/groups/SnowFilesPodcast

Contact us: info@snowfiles.net

Got a tip? email: tips@snowfiles.net or call 888-710-SNOW (7669) It’s free and confidential

Visit our website: Free Jamie Snow: http://www.FreeJamieSnow.com

Sign the Petition Asking for DNA Testing: http://www.JamieSnow.net

Jamie Snow Returns To Court After Years Of Delay

Jamie Snow’s request for forensic testing on evidence in his 2001 murder conviction made its way back into the courtroom on Monday after years of delay.

Snow is serving life in prison in the Easter Sunday 1991 shooting death of Bill Little during the robbery of a Bloomington service station.

Schuyler County Judge Ramon Escapa opened the hearing conducted via Zoom with questions to McLean County prosecutor Brad Rigdon and Exoneration Project lawyer Lauren Myerscough-Mueller about what matters remain pending in the Snow’s effort to secure a new trial. Read more –>

Snow Files Episode 23: Curt and Christine Lovelace – In Their Own Words

Former small-town Quincy, Illinois prosecutor, Curt Lovelace, was arrested in 2013 for the murder of his deceased wife. Cory Lovelace had passed away in her bed eight years before, until a cold case detective with seemingly ulterior motives reviewed the case. Curt’s bond was set at $5 million, and he would spend two years in jail enduring two trials. At the time of Curt’s arrest, he had recently remarried to Christine, his high school homecoming date who he had reconnected with years later on social media. Christine and Curt would celebrate their first and second anniversaries while he was in jail awaiting trial. This is the incredible tale of Curt and Christine’s love story in their own words – the struggle to protect their children during that tumultuous time, clashes with the media, the fight for the truth, their battle to exonerate Curt, and how they turned into remarkable advocates for the wrongfully convicted. To date, Curt and Christine have secured three “not guilty’s” for post conviction clients through the Lovelace Center for Criminal Defense in less than four years.

Unjust & Unsolved Episode 9: Jeffrey Havard

From journalist Maggie Freleng and the Obsessed Network

On February 21, 2002 Jeffrey Havard was babysitting his girlfriend’s baby, Chloe Britt. Jeff was bathing her when she accidentally slipped from his hands and hit her head on the toilet. He put her to bed and everything was fine until she was later rushed to the hospital and died. Jeff was arrested, charged and sentenced to death in Mississippi for the sexual assault and murder Chloe. Changes in science behind “Shaken Baby Syndrome” caused an evidentiary hearing for Jeff in 2016. The original medical examiner in the case said that he specifically told prosecutors on more than one occasion prior to trial that he could not support a finding for sexual abuse. This information was withheld from the defense. He has also changed his initial findings and believes that this was indeed an accident, agreeing with many new experts. In September of 2018, Jeff’s death penalty sentence was vacated, and he was re-sentenced to life without parole, but is still fighting for his freedom.

Unjust & Unsolved Episode 6: Charles Erickson

From journalist Maggie Freleng and the Obsessed Network

On Halloween night in 2001, Columbia Tribune Sports Editor Kent Heitholt was brutally murdered in the Tribune parking lot. Two years later, Charles Erickson read a memorial in the paper about Heitholt and was convinced he and classmate Ryan Ferguson committed the murder. Despite blacking out from partying that night and having no memory of the murder, besides what he called “snapshots,” Charles took a plea deal to testify against Ryan. Ryan’s conviction was overturned in 2012 based on a Brady violation and recanted witness statements, including Charles’s. Ryan now sits on the board of the Innocence Project. Even though his co-defendant is free, Charles has been in prison for sixteen years.

Unjust & Unsolved Episode 3: Jamie Snow

From journalist Maggie Freleng and the Obsessed Network

March 31, 1991 Easter Sunday. 18-year-old Bill Little was shot dead while working at the Clark Gas Station in Bloomington, Illinois. Almost a decade later, despite no physical evidence, a solid alibi, and passing a lie detector test, Jamie Snow was arrested and convicted of the murder of Bll Little. Jamie was sentenced to life without parole and has been in prison for almost 20 years. But recent investigations have shown that the witness testimony, the only evidence used to convict Jamie, was coerced. And new leads turn up suspects who could be the real killer.

Injustice Anywhere Podcast: Jeff Havard’s life is now in the hands of the Mississippi Supreme Court

Spreaker.com: Jeff Havard’s life is now in the hands of the Mississippi Supreme Court

In 2002, Jeff Havard was wrongfully convicted and sentenced to death in Mississippi for the sexual assault and murder of his girlfriend’s six-month-old daughter, Chloe Britt. The truth about this case is clear. Chloe slipped from Jeff’s arms while lifting her from a tub after a bath, causing her head to hit a nearby toilet. New expert evidence supports Jeff’s claims. Chloe’s death was a tragic accident, not a murder. Jeff Havard is innocent.

In May of 2016, the Mississippi Supreme Court ordered an evidentiary hearing for Jeff’s case based on defense claims of new evidence due to changes in the science behind Shaken Baby Syndrome (SBS).

Unfortunately, the court limited the scope of the hearing to SBS, which barred the defense from addressing the now fully debunked charge of sexual assault. The evidentiary hearing took place in August of 2017, in the courtroom of Adams County Circuit Judge, Forrest Johnson. Johnson is the same judge who presided over Jeff’s trial in 2002.

Jeff’s evidentiary hearing took three days. The judge listened to testimony from four experts who testified for the defense and heard testimony from a pediatrician who testified for the prosecution. The hearing, which was limited to a single topic, and provided no immediate decision, took one day longer than the entire trial that landed Jeff on death row in 2002.

Judge Johnson waited over sixteen months to rule on the evidentiary hearing. Johnson’s report sided with the state. The report, which was less than five pages in length, made it clear that Johnson had put his own best interests ahead of his duties as a judge. Johnson lazily copied most of his skimpy ruling directly from previously written decisions. In doing so, he completely ignored compelling expert evidence presented to the court. Instead of taking new evidence into account, Johnson recycled provably false allegations that have been parroted by the state for years.

In a weak attempt to show impartiality, Johnson ordered that Jeff be resentenced in front of a jury, rather than reinstating Jeff’s previous sentence of death. Why would Johnson do that if he truly felt Jeff was guilty of raping and murdering an infant? Johnson’s ruling suggests that he was moved by the powerful evidence proving Jeff’s innocence, but he lacked the courage to do what was right. Johnson’s decision was self-serving because it was favorable to the state. The jury at the resentencing hearing only had two options to choose from; the death penalty or life in prison without parole. The state wanted this case to go away in a hurry. Locking up Jeff for life and forgetting about him worked just fine for the state of Mississippi.

On December 18, 2018, Jeff was resentenced to life without parole. Jeff is now off of death row, but his fight is far from over. In September of 2019, Jeff’s defense team took their case back to the Mississippi Supreme Court arguing that the Adam’s County Circuit Court errored by not granting Jeff a new trial based on newly discovered evidence that would dramatically alter the outcome if the case was tried again before a jury.

The state responded to the defense arguments on January 19, 2020. Jeff’s defense team then responded to the state’s response on April 15, 2020. Unfortunately, this is how slowly the system works. It has been nearly three years since Jeff’s evidentiary hearing, and the Mississippi Supreme Court has not yet weighed in on the ruling of the Adam’s County Circuit Court.

The April 2020 response from Jeff’s defense team is powerful. It completely dismantles the arguments and delay tactics put forth by the state. Jeff’s defense shows in detail that the newly discovered evidence would have most certainly changed the outcome of Jeff’s trial. They also provide solid legal arguments to show that the new evidence is not barred by time as argued by the state. The primary argument being made by the state is that Jeff can no longer fight for his innocence because all arguments are barred by time. The state is doing nothing to present factual information. Their strategy is to block any and all new evidence that can prove Jeff’s innocence. Their position is outrageous and should be condemned.

Jeff’s defense team does an outstanding job of showing what a jury would hear today compared to what the jury heard at Jeff’s trial in 2002. They present the information in an easy to read table detailing how striking the new evidence is.

You can learn more about Jeff’s appeal by listening to the latest Injustice Anywhere Podcast. In this podcast, we hear from Jeff’s dear friend and advocate Lori Howard about the latest court filing. We also hear about Jeff’s current living conditions, and information is provided to Jeff’s supporters on how they can help Jeff as he waits for the Mississippi Supreme Court to rule on his case.

Listen to the latest podcast on Spreaker.

Learn more about Jeff’s case at FreeJeffreyHavard.org.

Keep up to date with current events on Facebook.

Support Jeff by donating to Jeff’s canteen and phone account through Paypal using this email address: Myloridarlin66@gmail.com.

You can also support Jeff by participating in Jeff’s letter-writing campaign to the Mississippi Attorney General Lynn Fitch: https://www.facebook.com/events/2527072554290043/

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Brian Peixoto case update: Back in Court!

Written by Lisa Munger, M.Ed. Advocate Friends and supporters, we are thrilled to inform...

Snow Files Season 2 Episode 34: Andy the Juror

Andy, a juror from Susan Claycomb’s trial, joins Tam and Ray for an in-depth interview about deliberations from her trial. Jamie’s co-defendant,...

Murder in Hawaii: Why Wrongful Convictions Happen

A free 14-part documentary presented by Judges For Justice Dana Ireland On Christmas Eve,...

Snow Files Season Two: Forensics Edition

Snow Files season two is live! In the first episode, we will focus on the state of...

Snow Files Episode 23: Curt and Christine Lovelace – In Their Own Words

Former small-town Quincy, Illinois prosecutor, Curt Lovelace, was arrested in 2013 for the murder of his deceased wife. Cory Lovelace had passed...

Unjust & Unsolved Episode 9: Jeffrey Havard

From journalist Maggie Freleng and the Obsessed Network On February 21, 2002 Jeffrey Havard was babysitting his girlfriend’s baby,...

Unjust & Unsolved Episode 6: Charles Erickson

From journalist Maggie Freleng and the Obsessed Network On Halloween night in 2001, Columbia Tribune Sports Editor Kent Heitholt...