I can't find a photo of Wessinger.
Since not everybody likes to read through the appeal paperwork, I will lay out some of the evidence against Wessinger.
Defendant had worked at the restaurant, so was easily identifiable.
One of the victims, Armentor, was shot twice, but survived. Testified against Wessinger.
Tried to shoot Ricks, but the gun jammed. Ricks ran across the streets and called 911. Identified Wessinger.
Several people testified to seeing Wessinger with a large amount of cash after the murder. He stole $7,000 from the safe.
Wessinger fled, and was captured in Garland, Texas.
The gun, gloves, and bag were located in an abandoned house across the street from Wessinger's house in Baton Rouge.
The tip about where the gun was located came from the person in Texas who Wessinger was staying with.
Other fun facts!
Wessinger has 5 children by 4 different mothers. He was working at Coca-Cola at the time of the murders. He was arrested (convicted??) for Manslaughter in 1990, that charge was later expunged. He was going to use the "Rap Music made me do it" defense. There have been two separate DP trials in Baton Rouge that involve murder at fast food chicken restaurants.
Your efforts have been wasted tpg.... there´s no real proof for his participation in the crime.
to be serious - I second Moh - thanks for your efforts.
No murder can be so cruel that there are not still useful imbeciles who do gloss over the murderer and apologize.
Killer seeks stay of execution in death of Baton Rouge restaurant workers, execution May 9
Attorneys for convicted killer Todd Wessinger, who is scheduled to be executed May 9 for the 1995 slaying of two workers at a now-closed Baton Rouge restaurant, has asked a federal judge to reconsider his recent denial of a new trial or sentencing.
The Advocate reports (http://bit.ly/HDLBlg ) Todd Wessinger's attorneys also asked that his execution be stayed.
Wessinger's attorneys want U.S. District Judge James Brady to hold an evidentiary hearing on Wessinger's federal constitutional claims. The attorneys argued that Brady issued his ruling Feb. 22 without ever holding such a hearing.
Wessinger, a former dishwasher at the restaurant, was found guilty and sentenced to die by lethal injection for fatally shooting 27-year-old Stephanie Guzzardo and 46-year-old David Breakwel on Nov. 19, 1995.
"This Court's actions throughout these proceedings led Mr. Wessinger to believe that evidentiary hearings would take place," Wessinger's current attorneys — Danalynn Recer, of The Gulf Region Advocacy Center in Houston; Soren Gisleson, of New Orleans; and federal public defender Rebecca Hudsmith, of Lafayette — contend in court filings.
Those attorneys electronically filed a motion Tuesday in federal court in Baton Rouge to alter or amend Brady's judgment. A supporting memorandum was electronically filed Wednesday.
In February, Brady rejected a dozen claims raised by the Wessinger, 44, including allegation that his trial attorneys provided ineffective assistance during jury selection and the guilt and penalty phases of his 1997 trial in Baton Rouge.
East Baton Rouge Parish District Attorney Hillar Moore III said Wednesday he believes the judge's decision "was sound and based on the facts presented by the record."
"It seems that the defense is arguing that everyone involved in this case did something wrong, including the defense lawyers, experts and the court — that is everyone but the defendant, who committed a particularly brutal murder," Moore stated.
"I hope that the execution date will remain intact although I anticipate more filings on behalf of the defendant to upset the carrying out of the jury's verdict," he added.
Brady, who described the state's evidence against Wessinger in the guilt phase as "overwhelming," said in his ruling that Wessinger faults his attorneys' penalty phase preparation for not probing further into his childhood and upbringing.
Wessinger contends such an investigation would have led to evidence of a physically and mentally abusive childhood, possible mental defects and an alienation from society that led him to believe he did not belong.
Brady ruled that Wessinger is not attacking the quality or thoroughness of the investigation but "does not like the way his story was spun for the jury."
"This is a clear factual error inconsistent with the record which must be revisited," Wessinger's attorneys argue in their memorandum.
"At penalty phase, trial counsel generally painted a rosy picture of Mr. Wessinger as 'a caring and present father, a brother who cared for his handicapped sister growing up, and a hard worker from a stable family.' Because trial counsel had not hired a mitigation specialist nor conducted any independent life history investigation, the presentation was an incomplete and inaccurate view of Mr. Wessinger," his current attorneys maintain.
"It is not the case, as this court suggests, that trial counsel conducted the investigation and made strategic choices about what to present," Wessinger's attorneys add.
A uninformed opponent is a dangerous opponent.
Greetings from Germany!
Last edited by dizoe; 04-13-2012 at 04:25 PM.
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