"Chris Tapp, who’s served almost 20 years in either jail or prison for a 1996 murder, can now proceed with an appeal of that conviction, an Idaho district judge ruled Thursday. “It
is a fantastic decision,” public defender John Thomas said. “We’ve
survived to fight another day. And I think ultimately the truth will
come forward and Chris will be exonerated of this crime.” Tapp
is serving 30 years to life for the murder of 18-year-old Angie Dodge.
But in recent years, a slew of experts have produced reports suggesting
that he falsely confessed to participating in the murder. His DNA does
not match any of the many DNA samples that were left at the scene. Tapp’s
appeal (technically called a “motion for post-conviction relief”) is
based on the claim that prosecutors didn’t turn over video tapes of
three polygraph sessions at the time of his original trial. During those
sessions experts say Tapp was fed specific details about the crime that
later turned up in his confession. The appeal also claims that a fourth
polygraph video was never turned over and was likely lost or destroyed. Such evidence is typically called “Brady evidence”
after a 1963 U.S. Supreme Court ruling called Brady v. Maryland which
held that prosecutors have an obligation to produce all evidence which
is potentially exculpatory. Thomas relied on court discovery records
which noted that many polygraph and interrogation videos were turned
over to the defense. Those records don’t note that the other four videos
were produced........ “The record is replete
with evidence that all of the interrogation tapes and several additional
polygraph examination tapes were produced, but no such record exists
for the three polygraph examination tapes addressed in the current
petition,” Stephens wrote. “The court finds that the most probable
inference from the lack of evidence in the record that the tapes were
produced is that they were not produced.” Stephens also
ruled that he couldn’t determine how long ago Tapp’s attorneys could
have reasonably known that the tapes were not produced without holding
an evidentiary hearing."
Sunday, October 2, 2016
Chris Tapp: Idaho; Bulletin; Major Development: (False confession case)... In jail or prison for almost 20 years, a court has ruled that he can appeal his conviction..."Tapp is serving 30 years to life for the murder of 18-year-old Angie Dodge. But in recent years, a slew of experts have produced reports suggesting that he falsely confessed to participating in the murder. His DNA does not match any of the many DNA samples that were left at the scene. Tapp’s appeal (technically called a “motion for post-conviction relief”) is based on the claim that prosecutors didn’t turn over video tapes of three polygraph sessions at the time of his original trial. During those sessions experts say Tapp was fed specific details about the crime that later turned up in his confession. The appeal also claims that a fourth polygraph video was never turned over and was likely lost or destroyed." Reporter Bryan Clark; Idaho Statesman;
