Monday, December 24, 2018

Back in action: On-Going: Jeff Boppre: Nebraska: "His lawyers claim new evidence points to the real killer - a man known as 'Yellowboy.'..." Today's filing also includes photos from the front door of the home. Attorney's say there is a bloodstain near the door of the home, and DNA evidence points to the blood belonging to Yellowboy. The motion for a new trial also raises issues with discrepancies with the murder investigation, allegations into tampering of recorded interviews and crime scene video, the murder weapon and its discovery in New Mexico, and more."...


PASSAGE OF THE DAY: "In a filing Thursday, attorneys suggest new evidence points to John Yellowboy as the man responsible for the homicides. More than 600 pages of documents were filed today in motions, attachments, and exhibits, all of which span more than 30 years. Some of the documentation filed Thursday includes a sworn testimony from Melissa (Moreno) Martinez signed in September of 2017. She says she was in the bedroom with Condon when the murderer came to the bedroom and hid between the bed and the wall. Her testimony says after Condon was killed, she heard people walking around and heard muffled conversations. Martinez said she knew Boppre's voice and she did not hear his voice that night. She continued that after a long time waiting in silence, she tried to get up, but the mattress had moved completely over her. When she pushed up, Condon's body rolled over. Martinez ran out of the home and pounded on a neighbor's door- but they did not answer. In 1992 Melissa signed an affidavit that stated that she was not at the home the time of the murder. However in her 2017 affidavit she states she was scared at the time in 1992, and "took the easy way out." Another sworn testimony came from Sheila Janis, who says Yellowboy drove her to the house where Valdez and Condon were murdered.  Janis says Yellowboy took her to the bedroom and told her that's where he killed Sharon and he would kill her there too.  She says he later dragged her to the cellar, then he went back upstairs and was continually yelling about killing Richard and Sharon."

STORY: "Attorneys for Jeff Boppre file motion for new trial,"  by reporter Ryan Murphy, published by KNEB on December 20, 2018.

GIST: "Attorneys for the man convicted of a 1988 double murder have filed a motion for a new trial for their client, 55-year-old Jeff Boppre. Boppre is currently serving a life sentence for the murders of Richard Valdez and Sharon Condon. In a filing Thursday, attorneys suggest new evidence points to John Yellowboy as the man responsible for the homicides. More than 600 pages of documents were filed today in motions, attachments, and exhibits, all of which span more than 30 years. Some of the documentation filed Thursday includes a sworn testimony from Melissa (Moreno) Martinez signed in September of 2017. She says she was in the bedroom with Condon when the murderer came to the bedroom and hid between the bed and the wall. Her testimony says after Condon was killed, she heard people walking around and heard muffled conversations. Martinez said she knew Boppre's voice and she did not hear his voice that night. She continued that after a long time waiting in silence, she tried to get up, but the mattress had moved completely over her. When she pushed up, Condon's body rolled over. Martinez ran out of the home and pounded on a neighbor's door- but they did not answer. In 1992 Melissa signed an affidavit that stated that she was not at the home the time of the murder. However in her 2017 affidavit she states she was scared at the time in 1992, and "took the easy way out." Another sworn testimony came from Sheila Janis, who says Yellowboy drove her to the house where Valdez and Condon were murdered.  Janis says Yellowboy took her to the bedroom and told her that's where he killed Sharon and he would kill her there too.  She says he later dragged her to the cellar, then he went back upstairs and was continually yelling about killing Richard and Sharon. Today's filing also includes photos from the front door of the home. Attorney's say there is a bloodstain near the door of the home, and DNA evidence points to the blood belonging to Yellowboy. The motion for a new trial also raises issues with discrepancies with the murder investigation, allegations into tampering of recorded interviews and crime scene video, the murder weapon and its discovery in New Mexico, and  more. The conclusion of the filing reads: "Though years have passed and the State has a legitimate interest in the finality of its criminal prosecutions, that interest does not however, trump the true interests of justice inherent in the case. Boppre has never been allowed an evidentiary hearing on any of his previous post-conviction filings. Now is the time to provide a path to truth and to finally answer questions that have surrounded Boppre's conviction for years. Boppre deserves to be heard. The evidence needs to be seen and evaluated by the Court. If John Yellowboy is the true killer, justice should find him. The community deserves to know that the true killer will be held responsible. The questions surrounding this case should linger no more. Petitioners respectfully request an evidentiary hearing on the above pleading." "

The entire story can be found at:
http://kneb.com/regional-news/attorneys-for-jeff-boppre-file-motion-for-new-trial/

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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher; The Charles Smith Blog;