Connect with us

CBS News

Appeals court upholds freeing of Sandra Hemme, imprisoned 43 years for murder lower court ruled she didn’t commit

Avatar

Published

on


An appellate court in Missouri ruled Tuesday that a lower court was right when it decided to overturn the murder conviction of a woman who spent 43 years behind bars for a killing that her attorneys argue was committed by a discredited police officer.

Sandra Hemme was freed in July while the decision to overturn her conviction was reviewed — at the insistence of Attorney General Andrew Bailey, who argued she should remain imprisoned.

Presiding Judge Cynthia Martin wrote in the scathing 71-page ruling that some arguments raised by Bailey’s office bordered “on the absurd.” She gave prosecutors 10 days to refile charges.

US-1980 Killing
Sandra Hemme, center, meets with family and supporters after she was released from Chillicothe Correctional Center on July 19, 2024, in Chillicothe, Missouri.

HG Biggs / The Kansas City Star via AP, File


“It is time for this miscarriage of justice to end,” Hemme’s attorneys said in a statement following the ruling in the Missouri Court of Appeals Western District.

Hemme had been the longest-held wrongly incarcerated woman known in the U.S., according to her legal team at the Innocence Project.

A spokeswoman for Bailey didn’t immediately respond to an email from The Associated Press seeking comment.

Hemme was being treated with heavy doses of antipsychotic drugs when she was first questioned about the 1980 murder of 31-year-old library worker Patricia Jeschke in St. Joseph. One of Hemme’s attorneys, Sean O’Brien, likened the drugs to a “chemical straightjacket” in an October hearing and said they raised questions about her ultimate confession.

“It makes her compliant,” he said. “It makes her subject to susceptibility.”

O’Brien also outlined evidence that was withheld that pointed to Michael Holman — a former police officer, who died in 2015. Evidence showed that Holman’s pickup truck was seen outside Jeschke’s apartment, that he tried to use her credit card, and that her earrings were found in his home.

The appellate court’s ruling said the record “strongly suggests” that police buried their investigation into Holman.

The same conclusion was reached in June when Judge Ryan Horsman in Livingston County overturned her conviction. He found that Hemme’s attorney had established “clear and convincing evidence” of “actual innocence.”

But Bailey asked the appellate court to review that decision, arguing that Horsman had exceeded his authority and that Hemme failed to present sufficient evidence on some of her claims.

What ensued was a month-long fight over whether she should be freed while that review took place. A circuit judge, an appellate court and the Missouri Supreme Court all agreed Hemme should be released, but she was still held behind bars as Bailey argued that she still had time to serve on decades-old prison assault cases.

Hemme walked free only after Horsman threatened to hold the attorney general’s office in contempt.

At the latest hearing in October, Andrew Clarke, an assistant attorney general, faced tough questioning.

One of the appellate court judges noted particular concern about what happened when Holman, the discredited police officer, couldn’t be ruled out as the source of a palm print detected on a TV antenna cable found next to the victim’s body.

The FBI asked for clearer prints, but police didn’t follow up. Jurors never heard about that or other evidence because the police never informed prosecutors.

“The court,” Clarke said in response to questions about the significance of suppressed evidence, “has to consider what its value is at a future trial, what it would look like. And if it undermines confidence in the prior verdict.”

Clarke contended that some of the evidence at issue might not have met the bar to be presented in court — a contention the judges questioned.

Bailey has a history of fighting overturned conviction cases. In July, a St. Louis circuit judge overturned Christopher Dunn’s murder conviction and ordered his immediate release. Among the key evidence used to convict him of first-degree murder was testimony from two boys who later recanted, saying they had been coerced by police and prosecutors.

Bailey appealed to try and keep Dunn locked up before he ultimately was released.



Read the original article

Leave your vote

CBS News

Israel continues Lebanon offensive, Hezbollah fires more projectiles as cease-fire hopes dwindle

Avatar

Published

on


Israel continues Lebanon offensive, Hezbollah fires more projectiles as cease-fire hopes dwindle – CBS News


Watch CBS News



U.S. Secretary of State Antony Blinken says the killing of Hamas commander Yahya Sinwar provides a real opportunity to bring home the Israelis still held in Gaza, but CBS News foreign correspondent Ramy Inocencio reports that a deal is still far from being reached.

Be the first to know

Get browser notifications for breaking news, live events, and exclusive reporting.




Read the original article

Leave your vote

Continue Reading

CBS News

Eminem, Obama on campaign trail for Harris as VP does series of interviews

Avatar

Published

on


Eminem, Obama on campaign trail for Harris as VP does series of interviews – CBS News


Watch CBS News



Vice President Kamala Harris is making her case for president through a series of interviews as former President Barack Obama and rapper Eminem headlined a rally for her in Michigan on Tuesday. In a new interview, Harris revealed she is not only thinking about election night, but what could happen in the days that follow.

Be the first to know

Get browser notifications for breaking news, live events, and exclusive reporting.




Read the original article

Leave your vote

Continue Reading

CBS News

Canadian police investigating death of Walmart employee found in store’s walk-in oven

Avatar

Published

on


Toronto — Police in eastern Canada are investigating the death of a 19-year-old woman who was found inside a walk-in oven at a Walmart store in Halifax, Nova Scotia. Authorities received a call reporting a death Saturday night, prompting the evacuation of the store. The deceased woman, a Walmart employee, was found inside the walk-in oven in the store’s bakery department. 

Halifax Regional Police did not name the woman and said the cause of her death was still being determined.

“Investigators are working closely with Occupational Health and Safety and the Nova Scotia Medical Examiner Service to determine the cause and manner of death,” the Halifax police said. “The investigation is complex and involves several partner agencies. An investigation of this nature may take a significant amount of time.”

Company Signs
The Walmart store in Halifax, Canada, is seen in a file photo.

Getty


Amanda Moss, a spokesperson for Walmart Canada, said the company was deeply saddened by the employee’s death. In a statement to CBS News, Moss said the store in question would remain closed until further notice to allow for further investigation and for employees to process the situation. 

“We are heartbroken and our deepest thoughts are with our associate and their family. Our focus remains on taking care of our associates and making sure they have the support they need,” Moss said. 

According to Canadian media, the woman was identified as a member of the Sikh community who had moved to Canada with her mother in recent years. 

“It’s a really tragic incident and everybody is deeply hurt by this, and we are waiting for the police investigation to come out,” Balbir Singh, the secretary of the Maritime Sikh Society, told CBS News’ partner network in Canada, CBC News. “We would like to know what happened to this young woman.”



Read the original article

Leave your vote

Continue Reading

Copyright © 2024 Breaking MN

Log In

Forgot password?

Forgot password?

Enter your account data and we will send you a link to reset your password.

Your password reset link appears to be invalid or expired.

Log in

Privacy Policy

Add to Collection

No Collections

Here you'll find all collections you've created before.