Sunday, September 1, 2013

New post following seasonal break: Dennis Davis; Texas; Appeals court orders new trial; The Michael Morton/Mark Norwood connection. Texas Tribune. (Must read. HL);


STORY: "Appeals court orders new trial for Dennis Davis" by reporters Brandi Grissom and Jody Serrano, published by the Texas Tribune on August 30, 2013.

GIST:  "A Texas appeals court on Friday ordered a new trial for Dennis Davis, who is serving 36 years in prison for the 1985 murder of Natalie Antonetti of Austin. In an opinion, the 3rd Court of Appeals agreed with Davis' assertion that his trial counsel was ineffective and did not present witness testimony relevant to the case, among other claims. Davis said his counsel did not offer evidence of a neighbor who claims he saw another person — not Davis — holding a club or small bat at Antonetti's home the morning she was bludgeoned to death. "Because we conclude that Davis has established that his counsel's performance fell below an objective standard of reasonableness and prejudiced his defense, we will reverse the trial court's judgment and remand this cause for a new trial," according to Friday's court opinion.........Last year, Travis County prosecutors convicted Dennis Davis of the murder after chasing down tips from his estranged wife and a string of ex-girlfriends. A jury agreed with prosecutors that Davis had been abusive and jealous and flew into a rage and bashed Antonetti’s head in with a bat as she slept on her couch on Oct. 13, 1985. But the case against Davis, now 62, was based largely on the testimony of people recounting events more than two decades old. Less than a year after Davis was sentenced to 36 years in prison, Travis County prosecutors are re-examining the case, searching for DNA that might answer new questions about whether another man — one whose DNA has been connected to two eerily similar killings — could be linked to Antonetti’s murder.........Just months after Davis began his sentence, Michael Morton was exonerated in the 1986 murder of his wife, Christine Morton. He had served 25 years of a life sentence. New DNA evidence showed that another man, Mark Norwood, was linked to the crime. Norwood’s DNA was also found at the scene of the unsolved 1988 murder of Debra Masters Baker. Norwood, a 57-year-old Bastrop dishwasher, faces trial in ChristineMorton’s murder and remains a suspect in the Baker murder. His lawyer, Russell Hunt Jr., has said Norwood has denies killing anyone. Just like Antonetti, the other two women were bludgeoned in the head as they slept. The assailant entered their homes in the early morning hours through unlocked doors. Little or nothing was stolen, and none of the women were sexually assaulted. The three women were all brunettes in their 30s. And each of the murders occurred on the 13th day of the month.  The women also lived in close proximity to Norwood, who worked as a handyman and carpet installer in the 1980s. Norwood lived about 12 miles from Morton, a few blocks from Baker and about nine miles from Antonetti.  After reading about the striking similarities in a Texas Tribune report, Pryor said the district attorney’s office decided to re-examine the evidence in the Antonetti case. Items from the crime scene, including clothes and furniture coverings, will be examined to determine if enough DNA exists to test the biological material and compare it to Norwood’s DNA.   “In any murder case you’re going to get some weird coincidences,” Pryor said. “DNA is where we should put the weight if we have it and not coincidences.” McDonald said he hopes that if investigators find DNA, they also compare it to Odem. Meanwhile, he is preparing to file an appeal of Davis’ conviction arguing that there was too little evidence to find him guilty beyond a reasonable doubt."

The entire story can be found at:

http://www.texastribune.org/2013/08/30/new-doubts-arise-cold-case-was-thought-solved/

PUBLISHER'S NOTE:

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy: Publisher; The Charles Smith Blog.



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