"Two
of three men convicted in a grisly 1987 murder on Maryland’s Eastern
Shore have asked a judge to appoint Attorney General Brian E. Frosh to
take over the case after state prosecutors disclosed that new handprint
evidence points to a different suspect in the case. David Ronald
Faulkner and Jonathan David Smith Sr. were sentenced to life and Ray
Earl Andrews Sr. to 10 years in prison in the Jan. 5, 1987, house
burglary and stabbing death of Easton resident Adeline Wilford, 64. In
February, after the Maryland Court of Appeals unsealed the case,
prosecutors disclosed that palm prints — recovered from the sill of an
open window and inside the utility room of Wilford’s home — had been
found a year earlier to match those of a Maryland inmate, Ty Anthony
Brooks. Brooks, 47, was convicted in a similar break-in and
assault of an elderly woman that occurred in Easton three months before
Wilford’s killing and was accused of other burglaries, according to
police records and attorneys. “That window is no different than
the knife that was used to murder this woman,” Bryce Benjet, a staff
attorney for the Innocence Project, argued in a hearing this month
before Talbot County Circuit Court Judge Stephen H. Kehoe, whom the men
are asking to reopen their case and declare them not guilty. “No
reasonable juror who saw the palm print — knowing where it was left and
by whom it was left — would have convicted Jonathan Smith or David
Faulkner,” Benjet said. Although Brooks was an early suspect, his
prints were not added to a state database until 2012, and they weren’t
tested or matched in the Wilford case until February 2014. Prosecutors
then opposed releasing Brooks’s name, later explaining that they
overlooked files identifying him as a suspect. The fact was pointed out
by the defense after it successfully asked Maryland’s high court to open
the record. In a recent interview with Maryland State Police,
Brooks, who was sent back to prison in 2013 for theft, denied ever
seeing Wilford, being in her house or knowing or participating in a
break-in with the defendants, according to a transcript filed June 11 by
Smith in a bid for exoneration. “Never seen this house or that lady. In
my life,” Brooks said in the transcript. Jane
Tolar, an Easton lawyer who Brooks told police represented his family,
said she was unable to comment. His family members also declined to
comment. Prosecutor Joseph S. Michael said he believed that even
if information about Brooks is admissable as evidence, it would make him
a potential co-defendant at most and not exonerate the others. “There
is no way to tell when those palm prints were left at that location,”
Michael said. The
match of the palm print is the latest twist in a difficult
investigation. No physical evidence linked the defendants to the crime,
which went uncharged for 13 years as investigators sifted through leads
and tested more than 300 sets of fingerprints."
http://www.washingtonpost.com/local/crime/two-men-serving-life-in-prison-for-1987-murder-ask-md-judge-to-reopen-case/2015/06/24/4fa7e24e-0ed3-11e5-a0dc-2b6f404ff5cf_story.html