Monday, April 6, 2015

Anthony Apanovitch: Ohio; 30 years on death row, he will remain in custody pending an appeal based on the validity of testimony involving DNA evidence presented at an October hearing; Northeast Ohio Media Group;


STORY: Ex-death row inmate Anthony Apanovitch to  remain in jail despite conviction being tossed,"  by reporter Patrick Cooley, published by the Northeast Ohio Media Group on March 28, 2015.

GIST: "A man granted a new trial for a rape and murder committed in 1984 will remain in jail for now, an appellate court ruled this week. The 8th District Court of Appeals ordered a stay of bond for Anthony Apanovitch -- who had been looking to leave the Cuyahoga County Jail for several weeks before his new trial begins -- meaning he'll stay behind bars at least for the time being. Cleveland Common Pleas Court Judge Robert McClelland threw out Apanovitch's 1985 conviction for the murder and rape of the 33-year-old Mary Anne Flynn on Feb. 12, based on differing opinions over DNA evidence, and granted a second trial.
McClelland ordered Apanovitch to be released on a $100,000 bond, but Cuyahoga County Prosecutor Tim McGinty appealed that decision, saying Apanovitch should stay behind bars in the interest of public safety. The appellate court sided with McGinty this week.........(Prosecutor) McGinty and ((defence lawyer) McClelland disagree over the validity of testimony involving DNA evidence presented at an October hearing. The judge said DNA was found in two places on Flynn's body and one sample didn't contain enough material to be tested. An expert testified at the October hearing that the second sample excluded Flynn, McClelland said. "The evidence at the hearing is substantially different than at the original trial," he wrote. McGinty disputed the judge's ruling. "Since his conviction, DNA testing was perfected and proved that the jury was absolutely right all along," he said after the hearing. The odds that the DNA collected on Flynn's body belonged to anyone other than Apanovitch was 1 in 285 million, he said.........Apanovitch was on Death Row for 30 years following his conviction as an appeals process dragged on."

The entire story can be found at:

http://www.cleveland.com/metro/index.ssf/2015/03/convicted_rapist_and_murderer.html

 PS: For latest coverage of the Mark Lundy retrial  go to: 
http://www.stuff.co.nz/national/mark-lundy-murder-retrial 


PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
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The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

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http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
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Harold Levy; Publisher; The Charles Smith Blog;