"The Supreme Court has rejected an appeal from a death row
inmate in Alabama who said evidence withheld by prosecutors entitled him
to a new court hearing. The justices did not comment Monday in turning away the
appeal from Bill Kuenzel, convicted of killing a convenience store clerk
in 1987.
Kuenzel's case had gotten a boost from former Attorney General Edwin Meese, who said Kuenzel is "very likely actually innocent." He also has gotten support from actors and former prosecutors around the nation. Kuenzel's lawyers said that the evidence would have raised
doubts about the truthfulness of plea deal testimony from a roommate who
said Kuenzel committed the killing. State courts had earlier refused Kuenzel's pleas for a new hearing. Kuenzel's attorneys issued a statement after the SCOTUS ruling today. "We're obviously disappointed that the Court didn't review
the case of an innocent man facing death, given that the key evidence
has never once been substantively reviewed by any court and only because
some paperwork supposedly missed a filing deadline in the 1990's,"
according to the statement. "This case represents the most extreme
example of government overreach, literally seeking to wrongfully take a
citizen's life without fair process." And for the people of Alabama, executing Bill means that
Linda Offord's real murderer will continue walking the streets –
endangering every man, woman and child. The good news is that, while
the window has narrowed, there are still those who are empowered to
effect justice," according to the statement."
http://www.al.com/news/birmingham/index.ssf/2016/10/us_supreme_court_rejects_appea.html
See previous - November 12, 2015 - post of this Blog at the link below: "A death row inmate asked the Alabama Supreme Court on Monday to
review his nearly 30-year-old conviction, arguing jurors never heard
evidence that could have proven his innocence.
Lawyers
for Bill Kuenzel said
"This
court represents his final opportunity to secure relief from
conviction. Bill Kuenzel did not commit the crime for which he was
convicted," lawyers for Kuenzel wrote in the court filing.
Kuenzel
was convicted of killing Linda Jean Offord during a 1987 robbery at Joe
Bob's Crystal Palace in Sylacauga. His conviction was based largely on
plea deal testimony from his roommate, Harvey Venn, who pleaded guilty
to a lesser charge and served about 10 years in prison.
A
witness who placed Kuenzel at the scene initially told the grand jury
she didn't know who was at the store that night and couldn't see a face.
Lawyers said they later discovered that Venn, who testified that he
waited in the car while Kuenzel killed the clerk, owned the same gauge
shotgun as the murder weapon. Venn, who had blood on his pants, also
initially told police he was with a different friend at the convenience
store, Kuenzel's lawyers said.
The conservative group Eagle Forum and a group of religious leaders filed a motion in support of Kuenzel's appeal.
"They
believe that extra precautions are needed for any system of justice
that faces sanctioning the killing of another human being," lawyers for
the group and religious leaders wrote.
The
Alabama Court of Criminal Appeals in July ruled Kuenzel missed the
deadline to raise the new evidence claim."
http://smithforensic.blogspot.ca/2015/11/bulletin-bill-kuenzel-alabama-death-row.html