Joe D'Ambrosio is entitled to a new trial because prosecutors...
Joe D'Ambrosio is entitled to a new trial because prosecutors withheld evidence that could have exonerated him, U.S. District Judge Kathleen O'Malley ruled. O'Malley ruled that D'Ambrosio must be released within 6 months or given a new trial.
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Joe D'Ambrosio is entitled to a new trial because prosecutors withheld evidence that could have exonerated him, U.S. District Judge Kathleen O'Malley ruled. O'Malley ruled that D'Ambrosio must be released within 6 months or given a new trial.
D'Ambrosio was convicted for the 1988 murder of Tony Klann, 19.
A man named Paul Lewis pointed police to D'Ambrosio, Thomas "Michael" Keenan and Eddie Espinoza.
The 3 were looking for Lewis because Keenan believed Lewis had stolen drugs from him. Espinoza later testified that they found Klann and forced him into their truck because they thought he knew where Lewis was.
Only later did police learn that Lewis was charged with raping Klann's roommate and Klann was the only witness subpoenaed to testify against him.
Ralph DeFranco, D'Ambrosio's lawyer in his 1989 murder trial, testified that he was never told about the rape case. O'Malley said Assistant County Prosecutor Carmen Marino knew about the connection but did not inform DeFranco about it, as he was obligated to.
That was one of 10 pieces of evidence that O'Malley said prosecutors wrongfully withheld.
Espinoza pleaded guilty to manslaughter and got a reduced sentence for testifying against Keenan and D'Ambrosio. He served 12 years and was released in 2001.
Keenan and D'Ambrosio were both found guilty of murder and sentenced to die.
D'Ambrosio was convicted for the 1988 murder of Tony Klann, 19.
A man named Paul Lewis pointed police to D'Ambrosio, Thomas "Michael" Keenan and Eddie Espinoza.
The 3 were looking for Lewis because Keenan believed Lewis had stolen drugs from him. Espinoza later testified that they found Klann and forced him into their truck because they thought he knew where Lewis was.
Only later did police learn that Lewis was charged with raping Klann's roommate and Klann was the only witness subpoenaed to testify against him.
Ralph DeFranco, D'Ambrosio's lawyer in his 1989 murder trial, testified that he was never told about the rape case. O'Malley said Assistant County Prosecutor Carmen Marino knew about the connection but did not inform DeFranco about it, as he was obligated to.
That was one of 10 pieces of evidence that O'Malley said prosecutors wrongfully withheld.
Espinoza pleaded guilty to manslaughter and got a reduced sentence for testifying against Keenan and D'Ambrosio. He served 12 years and was released in 2001.
Keenan and D'Ambrosio were both found guilty of murder and sentenced to die.
— SOURCES
- (Sources: Cleveland Plain Dealer, 25/03/2006)
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