Wednesday, July 20, 2016

Kimberly Long: California: Bulletin: Prosecutors appeal decision to vacate her conviction because her public defender did not call forensic pathologists as witnesses to address the time of death, complete DNA testing on certain evidence or introduce important circumstantial evidence for the jury to consider..."Long didn't have any blood on her or her clothing despite a blood-spattered crime scene, but her defense did not introduce that evidence." (California Innocence Project case);


"Kimberly Long knows how long she has been out of state prison -- 30 days -- but what she doesn’t know is if she’ll get to stay out. A cloud remains over her life as the Riverside County District Attorney’s Office announced Friday, July 8, that an appeal had been filed of a judge’s decision last month to vacate her conviction in the bludgeoning death of her boyfriend in 2003. Long has denied involvement in the crime and about five years ago the California Innocence Project, dedicated to the release of wrongfully convicted inmates, took on her defense. Supervising Deputy District Attorney Gerald Fineman, who tried Smith’s murder case that led to her conviction in 2006, told Judge Becky Dugan about the appeal and the judge imposed a stay on Superior Court proceedings until at least Jan. 6, to await any 4th District Court of Appeal action. After a week long hearing, Riverside County Superior Court Judge Patrick Magers found last month that Long's public defender did not provide effective legal counsel for his client. Magers found the defense attorney's actions came up short in several areas, including not calling forensic pathologists as witnesses to address the time of death, not completing DNA testing on certain evidence and not introducing important circumstantial evidence for the jury to consider. Long didn't have any blood on her or her clothing despite a blood-spattered crime scene, but her defense did not introduce that evidence. District attorney’s spokesman John Hall would not comment on the reasons for the decision to appeal. Other options included filing murder charges anew, or letting Magers’ decision stand, ending the prosecution."
http://www.pe.com/articles/long-807790-district-attorney.html