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Thread: Tyrone L. Noling - Ohio Death Row

  1. #21
    Administrator Helen's Avatar
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    Ohio Supreme Court to hear death row inmate's appeal that Ohio's DNA testing laws violate his rights

    COLUMBUS, Ohio -- The Ohio Supreme Court agreed Tuesday to hear a death row inmate's appeal that argues state laws on DNA testing unfairly discriminate against capital defendants.

    Tyrone Noling, who maintains he is innocent, wants access to more DNA testing than a trial court in Portage County allowed. Noling, 43, is challenging Ohio law that blocks defendants in capital cases from appealing a trial judge's decision on post-conviction DNA decisions to an appellate court. For lesser crimes, the state allows that appellate process on DNA decisions.

    If Noling wins his appeal the impact could be much broader than just his case, perhaps affecting all future capital punishment cases. Defendants would have a route of appeal that now is not at their disposal.

    Noling was convicted in 1996 of shooting Bearnhardt and Cora Hartig to death. Their bodies were found six years before on the floor of the kitchen in their Atwater Township home.

    Although the home was ransacked, no evidence linking Noling or his alleged accomplices was found at the scene. DNA analysis on a cigarette butt that was found there excluded Noling and his accomplices.

    No witnesses placed Noling or his friends at the scene of the crime. Key witnesses against him have recanted their testimony and recently discovered forensic and witness evidence points to another suspect.

    Noling has exhausted nearly all of his appeal options at this point, but this case could lead to more testing of DNA evidence that could perhaps exonerate him, said Carrie Wood, a lawyer with the Ohio Public Defender's office.

    "Ohio must do everything in its power to be sure it does not execute an innocent man," Wood said. "The gaps in Ohio's appeals process must be fixed. ... Giving individuals whose lives are at stake less court review is nonsensical as well as patently unconstitutional."

    Under Ohio law, when a defendant in a non-capital case seeks post-conviction DNA testing and the trial judge denies that request, that defendant can appeal the trial judge's decision through the courts of appeals and the state Supreme Court.

    But Ohio law doesn't allow that appellate process for cases involving defendants convicted of capital crimes, Wood said. Those appeals are only available at the discretion of the Supreme Court, and the court accepts a small percentage of those cases.

    That violates protections guaranteed under the Eighth and Fourteenth amendments of the U.S. Constitution, his lawyers argued in a brief.

    Noling's appeal centers on the handling of post conviction DNA testing in 2010. In that request his lawyers argued that a potential suspect in the crime had been identified and that DNA testing -- more sophisticated than what was available two nearly two decades before -- could conclusively link that suspect to the cigarette butt from the crime scene and to the murders.

    Noling's defense team argues he is entitled to all the results of that testing, that more extensive testing on shell casings found at the scene-- including a check against a federal database -- should be done and that there should be a more thorough record on the selection of the testing lab and the testing process that lab follows.

    "Mr. Noling is an innocent man who has been on death row for almost 20 years," Wood said. "As the Ohio Supreme Court determined in accepting jurisdiction, Mr. Noling's case is one of great public importance and involves a substantial constitutional question."

    Noling, meanwhile, remains incarcerated on Ohio's death row at the Chillicothe Correctional Institution.

    http://www.cleveland.com/open/index....l#incart_river
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  2. #22
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    Tyrone Noling appeal before Ohio Supreme Court could give death-row inmates new hope for DNA testing

    By Andrea Simakis
    The Cleveland Plain Dealer

    COLUMBUS, Ohio -- When lawyers for death row inmate Tyrone Noling go before the Ohio Supreme Court this morning, they will ask justices to level the playing field for their client – and all others sentenced to death in Ohio – by providing the same opportunity for access to DNA testing as people convicted of lesser crimes.

    Not only does his case have the potential to change state law, for Noling, the outcome could well be a matter of life and death.

    Convicted in 1996 of a double murder in Portage County's Atwater Township, Noling has maintained his innocence for more than two decades.

    "I didn't do it," the 23-year-old told the judge before he his sentencing. "Someday, maybe someday, the truth will come out."

    Noling, now 44, and his defense team, led by attorneys from the Ohio Public Defenders Office, believe one way to find "the actual perpetrator" is through state-of-the-art DNA testing.

    In 1990, the bodies of Bearnhardt Hartig and his wife Cora, both in their 80s, were found in their kitchen, riddled with bullets.

    Prosecutors never produced a murder weapon and they presented no physical evidence linking Noling to the crime.

    Instead, the state relied on the testimony of three alleged accomplices who placed Noling inside the Hartig home. They described him pulling the trigger as well as seeing the smoking gun in his hand as he fled the scene.

    Within a year of Noling's conviction, each member of that trio had signed affidavits saying they lied to save their own skins. They said they were responding to threats and promises made to them by an investigator for the Portage County prosecutor's office.

    For the last 19 years, Noling, with those recantations in hand, has been fighting for a new trial.

    He has other evidence, including a statement made to police, unearthed by a public records request in 2009, from a teen named Nathan Chesley.

    Chesley told police during the investigation into the Hartig murders that his foster brother, Daniel Wilson, had confessed to killing the couple. Wilson was executed in 2009 for the 1991 murder of Carol Lutz in Lorain County.

    Other suspects have emerged in the years since Noling's conviction, as well.

    But connecting those alternate suspects to the crime, say Noling's lawyers, can't happen without sophisticated DNA testing, and that's where the Ohio Supreme Court comes in.

    If you are a prisoner who is not on death row in Ohio and you ask for DNA testing in your case, and that request is denied, you are entitled to appeal that denial.

    But if you are a prisoner on death row and your request for DNA testing is denied, you don't have the right to automatically ask the court of appeals to review your case and decide whether the trial court was wrong in denying you access to that powerful forensic tool.

    Instead, you have to ask the Ohio Supreme Court to hear your case, something it has only done a handful of times – Noling's case being one of the rare exceptions to the rule.

    "Ohio must do everything in its power to be sure it does not execute an innocent man," said assistant state public defender Carrie Wood, who will be arguing Noling's appeal before the Ohio Supreme Court. "The gaps in Ohio's appeals process must be fixed. ... Giving individuals whose lives are at stake less court review is nonsensical as well as patently unconstitutional."

    Noling is not alone in thinking he should be entitled to the same appellate review as as everyone else. Former Ohio Attorney General Jim Petro thinks so, too.

    "When the Ohio Supreme Court hears Noling's case, it can extend justice far beyond his individual example," he wrote in a Plain Dealer guest editorial last week. "Wrongful conviction is not only a moral issue; it's also a matter of protecting the public from potentially dangerous criminals. If there are innocent defendants in our prisons or even on our death row, we must use every available tool to locate them and correct injustice. Ensuring equal DNA testing rights for all prisoners would be an important step in the right direction."

    If Noling prevails, he likely will be allowed to take his case to the 11th District Court of Appeals, where his team will argue, among other things:

    That the shell casings from the murder weapon be run through a federal database to see if the murder weapon is linked to other crimes or a specific perpetrator.

    That was never done.

    That those shell casings, as well as ring boxes found opened in a bedroom drawer, should also be tested for DNA. This also was never done.

    How important is access to high quality DNA testing?

    "DNA testing has exposed wrongful convictions," Pertro wrote in that same editorial. "Nationwide, from 2000 to 2010, according to the National Registry of Exonerations, there have been an average of 21 DNA exonerations per year. Noling's lawyers argue that of 66 exonerations in Ohio, 10 have resulted from DNA testing."

    http://www.cleveland.com/metro/index...before_oh.html

  3. #23
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    STATE v NOLING

    In today's opinions, the Ohio Supreme Court ruled that part of the state law that limits the appeals of capital offenders seeking DNA testing after a conviction is unconstitutional.
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  4. #24
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    Death row inmate files appeal over DNA evidence testing

    A death row inmate seeking DNA testing on a cigarette butt in hopes of being exonerated in a 1990 double murder has appealed to the Ohio Supreme Court.

    The Akron Beacon Journal (http://bit.ly/2kNtNik) reports 44-year-old Tyrone Noling wants access to previous DNA testing and new testing on evidence from the Portage County crime scene.

    The high court previously heard arguments about Noling's case when it considered whether a constitutional appeals process is available to condemned prisoners who are denied DNA testing after a trial is over. The court sided with Noling last month, clearing the way for the DNA testing appeal.

    Noling argues that technological advances make it possible to identify who smoked the cigarette found near the scene and determine whether that person was among other previously undisclosed suspects.

    http://www.wtol.com/story/34387519/d...idence-testing
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  5. #25
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    Facing Death, Tyrone Noling Pushes Ohio Supreme Court for More Access to DNA

    The Ohio Supreme Court will hear a new round of arguments Tuesday in a Northeast Ohio death-penalty case that has stretched on for more than a quarter century.

    By M.L. Schultze
    WKSU News

    Tyrone Noling has always maintained he didn’t kill an elderly Portage County couple in 1990. No fingerprints or physical evidence links him to the crime, and his co-defendants in separate robbery cases long-ago recanted, saying police coerced them into implicating Noling.

    The latest appeal is focused on DNA testing. Noling wants the state high court to order that he gets access to the full results of the DNA testing of a cigarette butt and other evidence that the state has done – not just the summary. Noling also wants shell casings found at the scene to be compared to a federal database. And he wants the evidence to be retested using the latest DNA technology, saying all that would be in keeping with state law and court practice.

    But in their written arguments, Portage County prosecutors say Noling already got what he’s entitled to under state law and that he has no further right to ‘scrutinize, review, or analyze’ the data. They also say there’s no DNA evidence left for more testing.

    Noling is now 45. The victims, Cora and Bernhardt Hartig, were 81.

    http://wksu.org/post/facing-death-ty...s-dna#stream/0
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  6. #26
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    Death-row inmate Tyrone Noling should have access to more DNA test information, high court rules; court denies other requests

    By Stephanie Warsmith
    The Akron Beacon-Journal

    Death-row inmate Tyrone Noling should have access to more DNA test information than he has so far been provided, the Ohio Supreme Court ruled Tuesday.

    The state’s high court said Noling is entitled to the DNA profile — rather than just a laboratory’s conclusions about the test — of an unknown male that was obtained by testing a cigarette butt found at a 1990 Portage County crime scene.

    The court, however, rejected Noling’s request for additional materials, such as lab notes, and upheld a trial judge’s decision not to conduct more tests on crime scene evidence.

    Continuing the long and twisty path of Noling’s case, both sides declared victories with this latest Ohio Supreme Court decision.

    “This was a clear win for the state of Ohio — and the Hartigs,” said Portage County Prosecutor Victor Vigluicci, referring to the elderly Portage County couple that Noling was convicted of killing.

    “There are a number of suspects considered in this case against whom the DNA has never been compared,” said Brian Howe, Noling’s attorney with the Ohio Innocence Project. “Getting the results — the profile — may allow that to happen.”

    Portage County prosecutors claim Noling shot and killed Cora and Bearnhardt Hartig, both 81, in a robbery attempt in 1990 at the Hartigs’ Atwater Township home.

    The case hinged on the testimony of Noling’s co-defendants, all of whom have recanted. No fingerprints or other evidence put him at the scene.

    Noling, 45, has maintained his innocence and he and his attorneys have been seeking additional DNA testing to potentially exonerate him and point to another suspect. This quest included three cases that have been decided by the Ohio Supreme Court.

    In the latest Supreme Court case, Noling’s attorneys asked the high court in June for access to the complete results of DNA testing already done, for shell casings to be run through a federal database to see if the murder weapon was used in any other crimes and for a reputable lab to do DNA testing using the latest technology on shell casings and ring boxes from the crime scene. Howe told the justices that the potential consequence of not taking these additional steps could be “executing an innocent man.”

    Vigluicci, however, argued that no additional steps were needed and that further testing would delay justice.

    The Supreme Court only granted Noling’s request for the full DNA profile from the cigarette butt test.

    Vigluicci down played the significance of providing the profile, saying it is “no big deal.”

    “It has been shown to be irrelevant and unconnected to the case,” he said.

    Vigluicci said Noling and his attorneys have “grasped at their last straw.”

    “We look forward to bringing this case to a conclusion, to setting an execution date and to finally bringing justice to Mr. and Mrs. Hartig,” he said.

    Howe, however, thinks DNA results — on the cigarette butt and other items recovered at the crime scene — that exclude Noling and point to other potential suspects provide a strong argument that Noling should be excluded as a suspect and granted a new trial.

    Howe is disappointed that the Supreme Court didn’t grant Noling’s request for DNA testing of shell casings and a ring box from the crime scene. The state’s crime lab found that the items had been contaminated and weren’t fit to be tested. Noling wanted the items tested by a private lab with more sophisticated equipment.

    “I would say Tyrone and his legal team are considering all of the potential options,” Howe said.

    Noling and his attorneys haven’t given up hope.

    “We’ll look forward to proving Tyrone’s innocence and getting him a new trial,” Howe said.

    https://www.ohio.com/akron/news/loca...gh-court-rules
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  7. #27
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    State should look at evidence as innocent man sits on death row for Portage County murders

    Tyrone Noling did not shoot and kill Cora and Bernhardt Hartig at their home in Atwater Township. Yet for the past quarter-century, 1/2 of his life, he has sat on death row, wrongly convicted of the murders.

    Noling is no less than another victim, and he is running out of options for redressing this grave injustice.

    His attorneys at the Ohio Innocence Project have encountered a roadblock in Portage County, the court there yet to conduct a hearing, ordered years ago by a state appeals court, to examine whether prosecutors at trial withheld evidence helpful to Noling. In addition, state authorities have resisted DNA testing of cartridge casings. They’ve eyeballed the casings and deemed them unsuitable.

    Why not test to actually find out?

    Such challenges have been typical in this case. As Brian Howe, a staff attorney with the Innocence Project and a law professor at the University of Cincinnati, explains, “We’ve had to really fight for every … it’s not every inch at this point, it’s every little millimeter.”

    One response may go: It should be tough to overturn a murder conviction. Howe adds that Noling probably has “the best case of innocence of anyone who’s sitting on death row in the whole country.”

    That should get the attention of Mike DeWine, the governor with the power to grant commutations, pardons and reprieves as he sees fit, essentially. At the least, he and his staff would do well to look carefully at the Noling case. Executive clemency authority translates as the governor serving as the last chance to set things right, to correct grievous wrongs.

    What would the governor find?

    The case against Noling has collapsed.

    At trial, prosecutors pushed the narrative of a robbery gone bad. They gained the confessions of Noling’s three accomplices, who had joined with Noling in robberies in Alliance around the same time. As decisive as the confessions proved in winning a conviction, they already had begun to unravel.

    One accomplice recanted before the trial. The other two did so later. Why confess to a crime when you are innocent? A highly respected expert in wrongful convictions studied the record and found the confessions were coerced.

    5 years after the 1990 killings, prosecutors tapped an investigator who used dark interrogation methods against the three. He threatened severe punishment. He misinformed about evidence, falsely stating there was an eyewitness and that their DNA was found at the crime scene. The investigator enlisted family members in a strategy of say-whatever-you-must-to-get-out-of-this-hopeless-mess.

    Recall that the 1990s saw the rise of the now discredited theory of retrieving repressed memories. The investigator took this path, undermining memory and then exploiting doubts to sow his preferred version of events. This included viewing the crime scene with the youngest, 16 years old, to “aid” his memory.

    At one point, the young man asked: “Am I on your side, finally?”

    Recall, too, that this was the same unscrupulous prosecution team that deployed false testimony to wrongly convict Bob Gondor and Randy Resh of murder. Resh and Gondor finally gained their release — after 16 years in prison, the $4.9 million they received from the state hardly sufficient compensation.

    Without the confessions, what remains of the evidence?

    No physical evidence links Noling to the scene. He possessed a .25 caliber handgun. It did not match the weapon used in the murders. DNA tests excluded Noling. The crime scene indicated the killings took place at the kitchen table, suggesting the Hartigs may have known the killer. It did not resemble the aftermath of the robberies involving Noling.

    There are alternative suspects the prosecutor chose not to pursue. That includes a man whose foster brother told investigators at the time he had confessed to the slayings. That man murdered a woman a year later. He was executed in 2009.

    All of this goes to the initial assessment of the Portage County sheriff after weighing whether Noling and the others were credible suspects. “It just didn’t fit,” he said.

    The prosecution has insisted Noling confessed to a jailhouse snitch. No surprise the word of such inmates ranks as a leading cause of wrongful convictions in death penalty cases. Far more telling is that Noling passed a polygraph test in 1992.

    In 2013, a federal appeals court judge looking at the Noling case noted its “worrisome scenario,” especially “questions raised about his prosecution.” The judge noted that “as long as our justice system depends on men and women to make decisions, it will invariably make mistakes.”

    The outcome in the Noling case is a mistake, one the justice system seems incapable of correcting. An innocent man sits on death row. That deserves the attention of the governor, not to mention the rest of Ohioans, Tyrone Noling sentenced to die at our hand.

    (source: Opinion; Michael Douglas is a retired Beacon Journal editorial page editor)
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  8. #28
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    What you think about his case Helen
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  9. #29
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    Honestly I don't normally post anti dp news items but after reading that the prosecutor(s) in this case have previously been found to have withheld or fabricated evidence I am more than disturbed. Also witness confessions have been proven to be problematic, especially if they have been obtained thru threats or promises of a deal.
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #30
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    Death row inmate seeking new trial in Atwater murders gets access to withheld records

    BY JEFF SAUNDERS
    THE RECORD-COURIER

    An Ohio death row inmate has won an appeal granting him the right to review previously withheld records related to the murders of an elderly Atwater couple more than 30 years ago.

    In an opinion filed this week, the 11th District Court of Appeals reversed a Portage County Common Pleas Court decision denying Tyrone Lee Noling, 49, access to records that potentially include evidence his trial attorneys were never given.

    "There is no excuse for trying to hide evidence in a capital murder case, at any stage of the proceeding," said Brian Howe, an attorney representing Noling, in a written statement issued Tuesday. "Tyrone Noling is an innocent man on death row, and yesterday’s decision represents an important step forward in his ongoing fight for a fair trial and to clear his name.”

    The opinion sends the matter back to the common pleas court for "further proceedings consistent with the opinion."

    Noling was accused of fatally shooting Bearnhardt and Cora Hartig during an apparent robbery in their Moff Road home in April 1990, when Noling was 18. A jury convicted him in 1996 and he was sentenced to death.

    Various appeals have been filed on Noling's behalf in the years since, including to the Ohio Supreme Court. Noling has long denied any involvement in the Hartigs' deaths. In recent years, the Ohio Innocence Project, an initiative of the University of Cincinnati College of Law that defends those it believes were wrongly convicted of crimes, has taken up Noling's case. Howe, a law professor, is a staff attorney with the Ohio Innocence Project.

    A media release issued Tuesday on behalf of the Ohio Innocence Project states there has never been any physical evidence of Noling's guilt. It acknowledges that Noling and three other young men also accused of taking part in the robbery were involved in "a handful of minor thefts and two bumbling home robberies, including one in which Mr. Noling accidentally discharged a .25 caliber gun," the same type of gun used in the Hartig murders. However, these offenses were committed miles away from the Hartig home and "were strikingly different in nature from the cold-blooded murders of the Hartigs." the release states. Noling's gun, it said, was not a match for the one used in the murders.

    In addition, Noling's and the other men's fingerprints and DNA, were not found in the Hartig home and there were no eyewitnesses placing them there.

    The three other men all made statements implicating Noling in the Hartig murders, but all three later recanted those statements, claiming that investigators pressured them to make them.

    The defense has also argued that there is evidence suggesting two alternative suspects in the Hartig murders, which the appeals court opinion noted.

    The foster brother of a man named Daniel E. Wilson made a statement claiming that Wilson admitted to him while intoxicated that he killed the Hartigs. The foster brother said Wilson had been breaking into homes in 1990 and evidence indicated he lived near the Hartigs. Wilson was convicted of aggravated murder for locking a woman in a car trunk and setting it on fire in May 1991 and was executed by lethal injection in June 2009.

    In addition, a woman made statements possibly implicating her brother-in-law in the Hartig case. She said that the man borrowed a .25-caliber handgun from her around the time of the murders, telling her he had thrown away his own gun, but without explaining why. The woman said he then contacted her a short time later from the Portage County Sheriff's Office, where he was turning over the gun for ballistics comparison. She said he asked her to tell authorities that he had borrowed the gun three or four months earlier, but she refused to do so. The borrowed gun was also not a match for the murder weapon, which was never found.

    The opinion says the defense obtained evidence of alternative suspects through a public records request to the Portage County Sheriff's Office, but they claim prosecutors never provided it to his trial attorneys.

    "Mr. Noling is seeking a new trial based on exculpatory evidence he claims was not made available to his trial attorneys," state the Ohio Innocence Project's media release. "This evidence shows investigators initially had linked other suspects to the Hartig murder."

    Portage County Prosecutor Victor Vigluicci could not be reached Thursday for comment.

    https://amp.record-courier.com/amp/7059757001
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