Hopeful Diarist

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Friday, August 25, 2006

Another Gripping Lie

A death-row inmate at Ohio State Penitentiary will be executed unless a federal court intervenes; once again the condemning evidence is mere testimony from witnesses who were either given immunity or had charges reduced.

In the case of Tyrone Noling of Ohio, three gang-bangers testified against him during trial. Of course, an overly ambitious prosecutor had earlier threatened them with the needle or life in prison unless they told the truth. That is, corroborate evidence which he carefully spelled out by giving them exact details of the crime scene and killings or else...

The only eyewitnesses to the murders were Butch Wolcott, the star witness who received immunity, and Gary St. Clair and Joey Dalesandro. There were no matching fingerprints and DNA evidence at the scene did not square with any of the three men.

In other words, without testimony from the former gang members, the prosecution had nada, zip, zero to tie Mr. Noling to the killing of Bearnhardt Hartig and his wife, Cora, an elderly couple in their 80s.

The Cleveland Plain Dealer recently outlined in a 2755-word article how the prosecution won the capital murder case using unscrupulous antics. "The case against Noling." they write, "is shot through with inconsistencies."

[T]he slain couple wasn't robbed. Noling's guns weren't used to kill the Hartigs. A cigarette butt found in the driveway yielded DNA that didn't belong to Noling or members of his gang. Except for the flawed and conflicting statements of Wolcott and others, no evidence points to Noling as the killer.

[...]

Cora's wedding band was on her finger, Bearnhardt's wallet in his pocket, filled with cash. Watches and other jewelry sat untouched. Deputies found $160 in a vanity beneath the bathroom sink. The killer had opened the doors, but left the money behind.


Mr. Noling was a petty thief; as were his three cohorts; and all three eyewitnesses have recanted; one even as he testified during trial.No matter.

The only concern for the court according to U.S. District Judge Donald Nugent is whether or not Mr. Noling's constitutional rights were "preserved." Guilt, as former Virginia Attorney General Ma8�م دل با وفا دل

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