STORY: "Attorneys continue to fight to clear West Virginia inmate after DNA test points to another suspect," by the Associated Press, published by the Republic on July 10, 2013.
GIST: Attorneys for a West Virginia inmate who has served more than a decade for a rape his lawyers claim DNA proves he didn't commit are headed back to court to try to clear his name. Harrison County Circuit Court Judge Thomas Bedell is considering whether to overturn Joseph Buffey's conviction for the 2001 rape and robbery of an 83-year-old Clarksburg woman. Buffey pleaded guilty to the crime, but later said his confession was coerced. A three-day hearing begins Wednesday. Bedell could rule this week or could take additional time. A DNA test conducted on biological evidence left at the scene excluded Buffey as a contributor in 2011. Buffey's attorneys fought for more than a year to have the DNA run through the national criminal database. In November, authorities did so and it hit on another man, Adam Bowers, who is serving time for another assault and previously was convicted of breaking and entering. Prosecutors charged Bowers with the crime, but they are fighting efforts to free Buffey. Prosecuting Attorney Joseph Shaffer told The Associated Press last December that the DNA test didn't prove Buffey's innocence and that further investigation was necessary.
Shaffer argued that Buffey could have been an accomplice. But Buffey's attorneys argue the woman was with her attacker for several hours and suffered multiple attacks, all of which she testified came from one man. The victim will not testify during the hearing, but Bedell will hear from Buffey, police and several other witnesses. Buffey's attorneys say he confessed after eight hours of interrogation, giving facts that were "wildly inconsistent" with the crime. The victim did not pick his photo from a lineup even after his confession. They claim the then-19-year-old was pressured by his lawyer into pleading guilty, which resulted in charges involved in three break-ins being dropped."
The entire story can be found at:
GIST: Attorneys for a West Virginia inmate who has served more than a decade for a rape his lawyers claim DNA proves he didn't commit are headed back to court to try to clear his name. Harrison County Circuit Court Judge Thomas Bedell is considering whether to overturn Joseph Buffey's conviction for the 2001 rape and robbery of an 83-year-old Clarksburg woman. Buffey pleaded guilty to the crime, but later said his confession was coerced. A three-day hearing begins Wednesday. Bedell could rule this week or could take additional time. A DNA test conducted on biological evidence left at the scene excluded Buffey as a contributor in 2011. Buffey's attorneys fought for more than a year to have the DNA run through the national criminal database. In November, authorities did so and it hit on another man, Adam Bowers, who is serving time for another assault and previously was convicted of breaking and entering. Prosecutors charged Bowers with the crime, but they are fighting efforts to free Buffey. Prosecuting Attorney Joseph Shaffer told The Associated Press last December that the DNA test didn't prove Buffey's innocence and that further investigation was necessary.
Shaffer argued that Buffey could have been an accomplice. But Buffey's attorneys argue the woman was with her attacker for several hours and suffered multiple attacks, all of which she testified came from one man. The victim will not testify during the hearing, but Bedell will hear from Buffey, police and several other witnesses. Buffey's attorneys say he confessed after eight hours of interrogation, giving facts that were "wildly inconsistent" with the crime. The victim did not pick his photo from a lineup even after his confession. They claim the then-19-year-old was pressured by his lawyer into pleading guilty, which resulted in charges involved in three break-ins being dropped."
The entire story can be found at:
http://www.therepublic.com/view/story/15c7ccf449f7472399ff42a89d5de1a5/WV--Innocence-Claim
See WBOY (12) story: "Harrison County judge hears testimony for Joseph Buffey hearing."...... "Former Clarksburg Police Officer Robert Matheny testified that he was present when Buffey confessed to being inside the woman's home and Buffey never said anyone else was with him."
http://www.wboy.com/story/22808391/harrison-county-judge-hears-testimony-for-joseph-buffey-hearinghttp://www.wboy.com/story/22808391/harrison-county-judge-hears-testimony-for-joseph-buffey-hearing
PUBLISHER'S NOTE:
Dear reader: Keep your eye on the Charles Smith Blog. We are following developments relating to this case;
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
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:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com
Harold Levy: Publisher; The Charles Smith Blog.
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