Federal judge tosses death-row inmate's appeal
In Clewvelanda, a federal judge has thrown out the latest appeal of death
row inmate Stanley Jalowiec, despite saying that police and prosecutors
failed to turn over information on incentives offered to witnesses to
testify against the convicted killer in his 1996 trial
. In his ruling, U.S. District Court Judge Donald Nugent wrote that
Jalowiec's defense team should have received copies of a statement given
by another man charged in the case Daniel Smith, who was acquitted by a
jury of murder charges as well as information on immunity and other
benefits given to 2 other witnesses in the case for their testimony.
But Nugent also wrote that since the issue was never addressed in
Jalowiec's appeals at the state level, he couldn't deal with the issue.
Nugent concluded that even if the evidence had been given to defense
attorneys, it likely wouldnt have led to Jalowiec being cleared.
Kimberly Rigby, one of Jalowiec's attorneys, said the evidence that would
have helped her clients case didnt come to light until the case was before
Nugent.
"There's a reasonable probability that had this evidence come out at trial
it would have made a difference," Rigby said.
Among the documents not turned over was a letter from former Assistant
County Prosecutor Jonathan Rosenbaum that gave immunity to Corrine "Queen
Bee" Fike, whose car was the vehicle used to drive the victim, Ronald
Lally, from Lorain County to Cleveland, Rigby said.
Jalowiec, 37, was convicted along with Raymond Smith who is also fighting
his conviction of the 1994 murder of Ronald Lally. Police believe Lally
was killed by Jalowiec, Raymond Smith and Daniel Smith to prevent him from
testifying against the Smiths in a drug case.
The body of Lally, 30, who was shot in the face, cut with a knife, beaten
and run over by a car, was found in Woodland Cemetery in Cleveland.
Lorain County Prosecutor Dennis Will said he hadnt fully read Nugent's
198-page decision it addressed 47 complaints raised by defense attorneys
but he said complaints about evidence not being turned over to defense
attorneys are common in death penalty cases.
"It's a commonly raised issue in every case," Will said.
Jalowiec, who still maintains his innocence, must now convince the U.S.
Sixth Circuit Court of Appeals to allow him to appeal Nugents decision,
said another of his attorneys, Gregory Meyers.
"Stan didn't get a fair trial because of the way law enforcement
investigated the case and because of evidence not being properly given to
the defense attorneys," Meyers said.
Former Elyria police Detective Al Leiby, the lead investigator on the
case, said Nugent made the right decision, but he doesnt doubt that the
legal battle will continue.
"It's a death penalty case," Leiby said. "It'll go forever."
(source: The Chronicle-Telegram)
Oh, Great Spirit, grant that I may not criticize my neighbor until I have walked a mile in his moccasins." - Old Indian Prayer My dad told me!! |
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