JohnButts@JBMedia - Reports:
Attorneys for a Texas man who was
kept in prison for more than three decades after his murder conviction
was overturned have asked a court to free him so he can get on with his
life, saying he's suffered enough from the mishandling of his case and
that key trial evidence has gone missing.
petition that the state clearly violated Jerry Hartfield's right to a
speedy trial by waiting decades to retry him for the 1976 death of
Eunice Lowe, who was beaten to death at the Bay City bus station where
she worked as a ticket agent.
"The
most serious prejudice a defendant can suffer in being denied a right
to a speedy trial is to have his defense possibly impaired," Newberry
wrote. He urged State District Judge Craig Estlinbaum to free Hartsfield
"with prejudice," meaning the state couldn't retry him on the same
charges.
most serious prejudice a defendant can suffer in being denied a right
to a speedy trial is to have his defense possibly impaired," Newberry
wrote. He urged State District Judge Craig Estlinbaum to free Hartsfield
"with prejudice," meaning the state couldn't retry him on the same
charges.
Hartfield, 57, was
convicted in 1977 of killing Lowe and sentenced to death, but that
conviction was overturned three years later. After prosecutors
unsuccessfully appealed that ruling, then-Gov. Mark White commuted
Hartfield's sentence to life in prison in 1983.
convicted in 1977 of killing Lowe and sentenced to death, but that
conviction was overturned three years later. After prosecutors
unsuccessfully appealed that ruling, then-Gov. Mark White commuted
Hartfield's sentence to life in prison in 1983.
Hartfield,
who is described in court documents as an illiterate fifth-grade
dropout with an IQ of 51, didn't challenge his continued detention until
2006, when a fellow prisoner pointed out that once his conviction was
overturned, there was no sentence to commute. Appeals courts agreed and
ordered Hartfield freed or retried. Hartfield is scheduled to stand
trial again in April for Lowe's slaying.
who is described in court documents as an illiterate fifth-grade
dropout with an IQ of 51, didn't challenge his continued detention until
2006, when a fellow prisoner pointed out that once his conviction was
overturned, there was no sentence to commute. Appeals courts agreed and
ordered Hartfield freed or retried. Hartfield is scheduled to stand
trial again in April for Lowe's slaying.
In
a court filing, Matagorda County District Attorney Steven Reis rejected
the assertion that Hartfield should go free. While acknowledging that
the state "may be partially responsible" for the delay in retrying
Hartfield, Reis argued that prosecutors didn't act in bad faith and that
Hartfield bears some responsibility.
a court filing, Matagorda County District Attorney Steven Reis rejected
the assertion that Hartfield should go free. While acknowledging that
the state "may be partially responsible" for the delay in retrying
Hartfield, Reis argued that prosecutors didn't act in bad faith and that
Hartfield bears some responsibility.
Hartfield "failed to proffer
any evidence that he wanted a speedy trial during this period," Reis
wrote. No evidence supports a finding that Hartfield "actually wanted a
new and speedy trial," that he did anything before 2007 to assert that
his right to a speedy trial had been violated, or that the state
deliberately acted to delay a retrial, Reis contends.
Newberry contends that the state was solely responsible for the retrial delay.any evidence that he wanted a speedy trial during this period," Reis
wrote. No evidence supports a finding that Hartfield "actually wanted a
new and speedy trial," that he did anything before 2007 to assert that
his right to a speedy trial had been violated, or that the state
deliberately acted to delay a retrial, Reis contends.
"Had
the state carried out the (appeals court) mandate, Hartfield would not
have needed to file the documents that he began filing," he wrote. "Mr.
Hartfield has affirmatively demonstrated that his ability to present a
defense has been prejudiced by the delay."
the state carried out the (appeals court) mandate, Hartfield would not
have needed to file the documents that he began filing," he wrote. "Mr.
Hartfield has affirmatively demonstrated that his ability to present a
defense has been prejudiced by the delay."
Newberry
also says authorities haven't been able to find some evidence used to
convict Hartfield, including a pickaxe used in the attack or Lowe's car,
which was stolen and later recovered. Furthermore, a Texas Ranger who
was a key witness for the prosecution at Hartfield's 1977 trial has
since died, he wrote.
also says authorities haven't been able to find some evidence used to
convict Hartfield, including a pickaxe used in the attack or Lowe's car,
which was stolen and later recovered. Furthermore, a Texas Ranger who
was a key witness for the prosecution at Hartfield's 1977 trial has
since died, he wrote.
Estlinbaum asked both sides to address some legal questions before he rules on the matter.
Atthe time of the killing, Hartfield, who grew up in Altus, Okla., was
working construction at nuclear power plant near the bus station where
Lowe worked. He was arrested within days of the killing in Wichita,
Kan., and was convicted and sentenced to death in 1977.
Hartfield
disputes a confession police said he gave them that was among the
evidence used to convict him. Prosecutors also had an unused bus ticket
found at the crime scene that had his fingerprints on it and testimony
from witnesses who said he had talked about needing $3,000. Reis said
Hartfield led authorities to Lowe's car in Houston and that his
fingerprint was on a piece of broken Dr Pepper bottle found beside
Lowe's body.
disputes a confession police said he gave them that was among the
evidence used to convict him. Prosecutors also had an unused bus ticket
found at the crime scene that had his fingerprints on it and testimony
from witnesses who said he had talked about needing $3,000. Reis said
Hartfield led authorities to Lowe's car in Houston and that his
fingerprint was on a piece of broken Dr Pepper bottle found beside
Lowe's body.
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