"STERLING, WITH HELP FROM THE INNOCENCE PROJECT, HAD FOUGHT FOR YEARS TO GET DNA EVIDENCE TESTED. THAT EVIDENCE LED INVESTIGATORS TO CHRISTIE, IMPRISONED FOR THE POULTON MURDER. WHEN CONFRONTED WITH THE EVIDENCE, HE CONFESSED TO DEFENSE AND PROSECUTION INVESTIGATORS."
REPORTER RACHEL BARNHART; 13WHAM NEWS;
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"Rochester, N.Y. -- The murder conviction of a Monroe County man has been set aside after a notorious child killer confessed to the crime," reporter Rachel Barnhart's 13WHAM News April 28, 2010 story begins, under the heading, "Frank Sterling Cleared of 1988 Manville Murder," and the sub-heading, "Innocence Project: Rochester Man To Be Freed 18 Years After Wrongful Murder Conviction; DNA and Confession Lead to Actual Perpetrator."
"Frank Sterling was convicted for the 1988 killing of Viola Manville, 74," the story continues.
"Sterling confessed to the murder after being awake for more than 24 hours but later recanted. Sterling said he had slipped into a hypnotic state and parroted details police gave him about the crime.
However, the conviction of Sterling, who was serving 25 years to life, was vacated by a judge in a hearing Wednesday afternoon.
“I made it. Patience is a virtue,” Sterling said. “I’ve been in for 18 years, but it didn’t change who I was…I’m still an innocent man.”
Sterling, now 46 years old, had argued for years that Mark Christie killed Manville. Christie's friends said he bragged about killing Manville, but authorities dismissed Christie as a suspect. Six years after the Manville murder, Christie killed 4-year-old Kali Ann Poulton.
“A man lost 19 years of his life, and as a result of the police zeroing in on Frank Sterling, the person who did the crime, wasn’t held accountable and ultimately went on to commit another brutal crime,” said Innocence Project attorney Vannesa Potkin. “Had the police done a proper investigation back in 1988. a little girl would still be alive today.”
Sterling, with help from the Innocence Project, had fought for years to get DNA evidence tested. That evidence led investigators to Christie, imprisoned for the Poulton murder. When confronted with the evidence, he confessed to defense and prosecution investigators.
“I’m glad he finally did the right thing. I wish it was a little sooner, glad he came forward and admitted to it,” Sterling said.
In court, Monroe County District Attorney Mike Green said that new evidence in the case points to Mark Christie. Green would not say Sterling didn't kill Viola Manville when asked by the judge, but he said the new evidence "creates a probability of a different result" and that all of the DNA evidence now excludes Sterling.
“There was a grand jury, a trial jury, a judge, an appellate court, a court of appeals, who all ruled on this case. For me to go back in hindsight and point to someone's conduct and say someone made a mistake, I think is unfair,” said Green.
Judge Thomas Van Strydonck said, “Ours remains an imperfect system. These cases should be further motivation to strive harder to institute better protections…to minimize the chances of future wrongful conviction."
“I’m glad the DA did what he’s supposed to have done,” said Sterling, who went to the Dinosaur Barbeque after the hearing with two friends. He may move to Texas to be with his mother."
The story can be found at:
http://www.13wham.com/mostpopular/story/Frank-Sterling-Cleared-of-1988-Manville-Murder/xbDlIk9_302jBR23eKmlVw.cspx
Harold Levy...hlevy15@gmail.com;