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Thread: Jermaine M. Wright - Delaware

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    Jermaine M. Wright - Delaware




    Facts of the Crime:

    Wright was sentenced to death on October 29, 1992 for the murder of Philip Seifert, who was working in a liquor store on January 14, 1991. In addition to the Hi-Way Inn murder-robbery, Wright was a suspect in two random shootings under investigation by Wilmington police. One shooting, being investigated by Detective Robert Merrill, involved a young boy, Emil Watson, who had been shot in the foot while riding his bicycle. The other, being investigated by Detective Robert Moser, involved the shooting of a young girl in a nearby park. Merrill obtained a warrant to arrest Wright for the Watson shooting and a warrant to search Wright's residence for guns and ammunition.

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    On May 10, 2000, Wright filed a habeas petition in Federal District Court.

    http://www.ca3.uscourts.gov/Export/case_list_1393.htm

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    Judge overturns 1991 murder conviction, death sentence

    WILMINGTON — Because a defendant was not properly read his rights and because the lead investigator withheld evidence from attorneys, Superior Court Judge John A. Parkins today overturned the conviction and death sentence for Jermaine Wright.

    Parkins then went further and told attorneys that he now has such doubt about the evidence against Wright -- who is the second-longest serving inmate on Delaware’s death row -- that next week he plans to hold a hearing to set bail for Wright, possibly setting him free after 21 years on death row.

    Family and friends of Wright in the courtroom erupted in cheers when Parkins announced that the conviction was "Constitutionally infirm" before being quieted by bailiffs.

    Wright was tried, convicted and sentenced to death, twice, for the Jan. 14, 1991, slaying of liquor store clerk Phillip Seifert during a robbery at the Hi-Way Inn on Gov. Printz Boulevard.

    Seifert's family members chose not to attend Tuesday's proceeding and afterward prosecutors - who were clearly stunned by the ruling - declined immediate comment saying a statement would be issued later.

    Wright attorney Jim Moreno said the ruling was clear vindication for his client.

    In his comments from the bench, Judge Parkins described the killing of Seifert, 66, an amputee who was filing in for his brother the owner, as "brutal and senseless."

    However, Parkins also said that the chief investigating police officer "did not advise the prosecutors of evidence" which may have shown the defendant was innocent. Parkins also ruled that the Miranda rights warning that was given to Wright after his arrest -- where he essentially confessed -- was so flawed that it may have misled Wright into thinking he only had a right to an attorney "if the state felt he needed one."

    Parkins concluded his comments by apologizing to the family and friends of Seifert saying he knew that the decision was likely to cause them further anguish and frustration. "Nonetheless, the court stands as a guardian of the constitutional rights of every citizen, including those of the defendant," Parkins said, "and that is what this court has done today."

    http://www.delawareonline.com/articl...sey=nav%7Chead

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    State says court was wrong on Wright decision

    The Delaware Attorney General’s office today formally appealed last week’s ruling that overturned the conviction and death sentence for Jermaine M. Wright.

    The brief notice filed today with the Delaware Supreme Court does not detail the legal reasons why prosecutors disagree with the ruling by Superior Court Judge John A. Parkins Jr., but merely that the state is undertaking an appeal.

    It is unclear this afternoon if the appeal will delay or derail a planned bail hearing for Wright scheduled for Wednesday afternoon. The hearing holds the potential to release Wright from prison after nearly 20 years on death row.

    Both prosecutors and defense attorneys were not immediately available for comment.

    Last week’s decision by Parkins -- that the conviction of and death sentence imposed on Wright for the January 1991 slaying of liquor store clerk Philip Seifert were constitutionally unsound -- seemed to stun prosecutors.

    Parkins furthermore said he had “no confidence” in the evidence against Wright -- a videotaped confession by Wright -- because Wright was high on heroin at the time and because police did not properly read him his rights.

    Wright is the second-longest serving inmate on death row behind Robert Gattis, who is scheduled to die by lethal injection on Jan. 20.

    The Delaware Board of Pardons is currently considering a clemency petition from Gattis. It is expected to rule on that petition sometime later this week.

    http://www.delawareonline.com/articl...sey=nav%7Chead

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    No bail for man whose murder conviction was overturned

    There will be no bail for Jermaine Wright.

    Superior Court Judge John A. Parkins Jr. -- who last week overturned Wright's murder conviction and death sentence and said he had "no confidence" in the evidence against Wright -- ruled today that the case is now in the hands of the Delaware Supreme Court due to an appeal by prosecutors.

    Any decision about bail for Wright -- who has been incarcerated for nearly 20 years on death row -- “will have to come from Dover,” Parkins said.

    Defense attorneys for Wright had hoped that Parkins would set bail -- as he said he intended to do last week -- while the Delaware Supreme Court considered the state’s appeal challenging Parkins decision to overturn Wright’s conviction.

    Wright had been convicted and sentenced to death for the January 1991 slaying of liquor store clerk Phillip Seifert, but Parkins ruled the conviction was not constitutionally sound.

    http://www.delawareonline.com/articl...sey=nav%7Chead

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    A Superior Court judge has set bail at $200,000 cash for a former death row inmate accused of killing a liquor store clerk during a 1991 robbery. In setting the bail for 39-year-old Jermaine Wright on Monday, Judge John Parkins agreed to stay his ruling for two days to allow the state to appeal.

    http://www.abc27.com/story/17313861/...sociated-press
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    Del. court weighs dismissal of death sentence

    The attorney general's office is asking the Delaware Supreme Court to overturn a judge's ruling throwing out the conviction of a man sentenced to death for killing a Wilmington liquor store clerk in 1991.

    Prosecutors argued Thursday that the judge erred in ruling that Jermaine Wright's confession to police was defective because he had not been properly advised of his rights against self-incrimination and to have an attorney appointed to represent him.

    Prosecutors also said the judge erred in ruling that Wright's attorneys were never given information suggesting that the victim may have been murdered by two other men who committed a similar robbery earlier that night.

    Wright spent more time on death row than any other Delaware inmate currently facing execution before his death sentence was overturned in January.

    http://www.abc27.com/story/18728685/...death-sentence
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Del. high court sends back death-row inmate case

    The Delaware Supreme Court has sent back the case of a Delaware death row inmate -- whose conviction was overturned last year – without making a ruling.

    In a brief two-page order issued today, the five justices sent the case of Jermaine Wright back to Superior Court Judge John A. Parkins Jr. for additional review on the narrow question of whether the prosecution’s failure to provide certain information to Wright’s attorneys back in 1992 was a material violation or a harmless oversight.

    In January, Parkins tossed out Wright’s 20 year-old conviction and death sentence for the slaying of disabled liquor store clerk Phillip Siefert. He ruled that Wright’s confession was inadmissible – due to the fact Wright had not properly been read his rights and due to Wright’s apparent drug intoxication during the interview -- and that prosecutors improperly withheld information from the defense.

    The Delaware Supreme Court heard an appeal from prosecutors in June, seeking to restore the conviction and death sentence, and then made the unusual request for additional briefing from attorneys few weeks later. At that time, the justices asked attorneys to assume that the confession was admissible and focus on the failure of prosecutors to provide information to the defense – the same issue that the court is now asking Parkins to investigate further.

    The information in question relates to a similar liquor store robbery on the same night Seifert was killed that might have led a jury to believe that Wright was innocent and that someone else may have been responsible for Seifert’s slaying.

    The state’s strongest evidence against Wright at trial was his confession and if Parkins’ January ruling is upheld, it is nearly certain that Wright – who had been Delaware’s longest-serving death row inmate – would be set free.

    http://www.delawareonline.com/articl...yssey=nav|head
    An uninformed opponent is a dangerous opponent.

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    Hearing set in case of former death row inmate

    A Superior Court judge is holding a hearing ordered by the Delaware Supreme Court in the case of former death row inmate Jermaine Wright.

    The Supreme Court wants more information before ruling on prosecutors' request to reinstate Wright's conviction and death sentence, which Judge John Parkins Jr. overturned earlier this year.

    Friday's hearing involves the failure by prosecutors to disclose potentially exculpatory evidence about an attempted liquor store robbery shortly before the liquor store killing for which Wright was convicted. Prosecutors say the non-disclosure was immaterial because defense attorneys already knew about the earlier robbery attempt.

    Wright was convicted of killing store clerk Phillip Seifert in 1991. He spent more time on death row than any other Delaware inmate currently facing execution before Parkins threw out his conviction in January.

    http://www.sfgate.com/news/article/H...#ixzz2APPiKMwK
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Ruling favors defense in death penalty case

    A judge who overturned the conviction of former death-row inmate Jermaine Wright says Wright’s trial attorney never knew about an attempted robbery that may have helped his defense case.

    Wednesday’s ruling came in response to the state Supreme Court’s request for more information before deciding whether to reinstate Wright’s conviction and death sentence.

    The ruling involves the failure by prosecutors to disclose potentially exculpatory evidence about an attempted liquor store robbery shortly before the liquor store killing that led to Wright’s 1992 conviction. Prosecutors argued that the nondisclosure was immaterial because defense attorneys already knew about the earlier robbery attempt from news articles.

    Judge John Parkins Jr. disagreed, saying there was no evidence that Wright’s attorney actually read the articles.

    The case now returns to the Supreme Court.

    http://www.delmarvanow.com/viewart/2...h-penalty-case
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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