"According to the petition, the new evidence comes from a medical examiner hired by the attorneys to review Stotler's autopsy report. The review showed that her death occurred Oct. 26, not Oct. 24. Perry was in jail on a traffic offense Oct. 26, making it impossible for him to have committed the murder, the petition said.
The new date of death also contradicts the testimony of then-Harris County Medical Examiner Dr. Paul Shrode, who conducted the autopsy. During the trial, Shrode could not give an exact time of death and did not dispute the prosecution's assertion that Stotler was killed Oct. 24, the petition said.
The filing also notes that Shrode's credibility and expertise have come under fire in last few months. In May, he was fired from his job as medical examiner of El Paso County for falsifying his qualifications. Also, on June 4 an Ohio death row inmate received clemency because of faulty testimony from Shrode, who conducted the victim's autopsy."
REPORTER RENEE C. LEE; HOUSTON CHRONICLE;
PHOTO: DR. PAUL SHRODE;
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BACKGROUND: Several cases have come under scrutiny following developments relating to Richard Nields which center around Dr. Paul Shrode. Richard Nields was on death row having been convicted of killing his girlfriend Patricia Newsome in Springfield Township (just outside Cincinnati). The Supreme Court of Ohio had scheduled his murder for June 10. The Ohio Parole Board hearing was held May 10. The Parole Board issued its report and recommendation on May 18, 2010. By a 4-3 vote, it recommended that the Ted commute the sentence to life without parole, partly because it found the opinion of medical examiner Paul Shrode was unsupported by the forensic evidence. Ohio Governor Ted Strickland commuted the death sentence to life without parole.
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"A Conroe man scheduled to die by injection on July 1 has filed a petition seeking a reprieve because he says there's new evidence — a confession and flawed autopsy testimony — that proves he did not commit a 2001 murder," Houston Chronicle reporter Renee C. Lee's story published earlier today under the heading, "Conroe man facing execution asks for reprieve: Attorneys say new evidence can clear inmate," begins.
"Attorneys for Michael Perry, 28, filed paperwork this week, asking the Texas Board of Pardons and Paroles to recommend to Gov. Rick Perry that he grant a 180-day delay or a commutation of their client's sentence," the story continues.
"Attorney Jessica Mederson, with Vinson & Elkins in Austin, is representing Perry, who has been on death row since March 2003 for the slaying of 50-year-old Sandra Stotler on Oct. 24, 2001.
Mederson declined to comment on the case, but said more documents will be filed next week.
Disputing date of death
According to the petition, the new evidence comes from a medical examiner hired by the attorneys to review Stotler's autopsy report. The review showed that her death occurred Oct. 26, not Oct. 24. Perry was in jail on a traffic offense Oct. 26, making it impossible for him to have committed the murder, the petition said.
The new date of death also contradicts the testimony of then-Harris County Medical Examiner Dr. Paul Shrode, who conducted the autopsy. During the trial, Shrode could not give an exact time of death and did not dispute the prosecution's assertion that Stotler was killed Oct. 24, the petition said.
The filing also notes that Shrode's credibility and expertise have come under fire in last few months. In May, he was fired from his job as medical examiner of El Paso County for falsifying his qualifications. Also, on June 4 an Ohio death row inmate received clemency because of faulty testimony from Shrode, who conducted the victim's autopsy.
"Dr. Shrode's testimony and qualifications can no longer be trusted," Perry's petition said.
The other new evidence is a witness who said that Jason Burkett, Perry's co-defendant, confessed to killing Stotler while they were both inmates in the Montgomery County Jail.
Boys lured to woods
Prosecutors said Perry shot Stotler after he and Burkett secretly entered her Conroe home. The men dumped her body in Crater Lake and then drove back to her home.
Unable to get into the Stotler's gated community, the men waited until her son. Jason Adam Stotler, 16, and his friend Arnold Jeremy Richardson, 18, drove up. Perry and Burkett lured the boys to a wooded area about five miles away and shot them, prosecutors said. Perry and Burkett took Jason's sports utility vehicle, returned to the gated community and stole Stotler's Camaro.
Stotler's body was found Oct 27, 2001, and the boys' bodies were found three days later. Perry and Burkett were arrested Oct. 30, following a police chase.
Burkett, who was tried separately, was sentenced to life for killing the two boys.
Montgomery County sheriff officials and the Montgomery County assistant district attorney in charge of post-convictions could not be reached for comment.
Perry initially confessed, but said he was coerced by police, the petition said. He pleaded not guilty at trial and has maintained his innocence since then."
The story can be found at:
http://www.chron.com/disp/story.mpl/metropolitan/7061154.html
Harold Levy...hlevy15@gmail.com;