Thursday, June 18, 2015

Bulletin: John Grega: New York; His estate has brought an unjust incarceration lawsuit alleging that the detectives, prosecutor and the town maliciously and improperly handled the 1995 murder case. The estate's lawyer cites the cleaning up of blood and vomit from the crime scene as “truly outrageous," and argues that Grega was deprived of his right to a fair trial due to a failure of investigation. Defence lawyers say the claim should be dismissed because it is not "a constitutional case." Stay tuned. Judgment reserved.

A federal judge heard arguments this week on a motion to dismiss an unjust incarceration lawsuit filed by John Grega before he died in a car crash in New York. Defense attorneys for Vermont State Police detectives, a Windham County prosecutor and the town of Dover argued in U.S. District Court in Rutland that the case should be dismissed because it was not a “constitutional case.” The estate of the late John Grega is continuing the lawsuit filed against the detectives, prosecutor and the town, alleging they maliciously and improperly handled the 1995 murder case. Jeff Grega was in court Tuesday on his brother’s behalf as executor of the estate. John Grega’s attorney, Ian Carleton, argued that his client was deprived of his right to a fair trial due to a failure of investigation. “It’s not a case of 20/20 hindsight,” Carleton said. “These were pretty major problems.” He cited the cleaning up of blood and vomit from the crime scene as “truly outrageous.”.........John Grega was in prison for 18 years after being convicted in 1995 of the rape and murder of his wife Christine. In 2012, he was granted a new trial based on newly tested DNA evidence that showed the DNA of an unknown man was found in Christine’s body — a topic that was brought up numerous times in Tuesday’s proceedings. In August 2012, Grega was released from prison. He had maintained his innocence for the past two decades. A second set of murder charges were filed against him but were dropped without prejudice, meaning they could be refiled, pending additional DNA testing. That criminal case is now moot. Grega was killed in a vehicle crash in January near his mother’s home on Long Island, N.Y.
http://www.rutlandherald.com/article/20150618/NEWS01/706189884