"Prosecution’s theory: Tyrone Noling, then 18, shot and killed Cora and Bearnhardt Hartig, both 81, in 1990 in their Atwater Township home during a robbery attempt. Pending issue: The 11th District Court of Appeals remanded Noling’s request for a new trial to the trial court. Noling’s attorneys say prosecutors failed to disclose evidence of an alternate suspect. The DNA testing issue first must be decided. To watch oral arguments before the Ohio Supreme Court: Visit http://bit.ly/2snlD2V. Death row inmate Tyrone Noling’s life may depend on the DNA testing he is seeking to potentially exonerate him in the 1990 murder of an Atwater Township couple, his attorney told the Ohio Supreme Court on Tuesday. “This case has consequences,” attorney Brian Howe said during oral arguments. “There is the possibility of executing an innocent man.” Portage County Prosecutor Victor Vigluicci, however, told the justices that no additional steps are needed and that any further testing will delay justice for the victims in the long-pending case. “This has to end at some point,” he said. It now will be up to the justices to decide if Noling’s testing requests should be granted. Noling’s attorneys are asking the high court for access to the complete results of DNA testing already done, for shell casings to be run through a federal database to see if the murder weapon was used in any other crimes, and for a reputable lab to do DNA testing using the latest technology for shell casings and ring boxes from the crime scene. Portage County prosecutors claim Noling, 45, shot and killed Cora and Bearnhardt Hartig, both 81, in a robbery attempt. The case hinges on the testimony of Noling’s co-defendants, all of whom have recanted. No fingerprints or other evidence put him at the scene. He has maintained his innocence. Howe, who is with the Ohio Innocence Project, pointed during his oral argument Tuesday to the case of Clarence Elkins, who was exonerated based on DNA evidence. Elkins was wrongfully imprisoned and spent nearly eight years in prison for the murder of his Barberton mother-in-law. He was freed after a DNA test of a cigarette butt from another prison inmate was linked to DNA from the crime scene. Earl Gene Mann, the inmate, pleaded guilty and is now serving a life sentence. The Ohio Bureau of Criminal Investigation (BCI), the state’s crime lab, determined that DNA tests of casings and ring boxes in the Noling case were contaminated by detectives and crime lab technicians. The same argument was initially made in the Elkins case. If DNA testing hadn’t been done, Howe said, “Earl Mann would still be a free man.” Chief Justice Maureen O’Connor asked Howe if it’s true that “an item can be contaminated, but still contain important information.” Howe said it can, unless it is determined that the item is “so contaminated that it is unsuitable for testing.” O’Connor asked Howe if the defense’s goal is to compare the DNA profiles of the shell casings, ring boxes and a cigarette butt found in the Hartigs’ driveway. Howe said if a male profile was found on these items that didn’t belong to Noling, this would be a strong argument that Noling should be excluded as a suspect and granted a new trial. O’Connor asked Vigluicci during his oral argument whether he thought DNA on these items — not belonging to Noling — would be probative or important evidence. Vigluicci said this wouldn’t be possible because BCI determined the shell casings and ring boxes had been contaminated. O’Connor pressed him again, though, on whether this result would be significant. “No. We have no evidence Noling was in the room where the ring boxes are,” Vigluicci said. “We have no evidence he loaded the gun that killed the Hartigs."
http://www.ohio.com/news/local/death-row-inmate-tyrone-noling-s-life-may-depend-on-dna-testing-attorney-tells-high-court-portage-prosecutor-say-further-delays-not-needed-1.775703
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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/c
