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alp227

(32,027 posts)
Tue Apr 16, 2013, 06:09 PM Apr 2013

Federal appeals court grants new trial to man convicted of lighting Cleveland's deadliest house fire

Source: Cleveland plain dealer

A federal appeals court has granted a new trial to a man convicted of setting Cleveland’s deadliest house fire, a 2005 blaze that killed a woman and eight children.

The 6th U.S. Circuit Court of Appeals panel ruled Tuesday in a 3-0 decision that U.S. District Judge Solomon Oliver did not abuse his discretion last February when he granted a new trial to Antun Lewis, 29, of Cleveland.

Federal prosecutors had appealed Oliver’s decision. Mike Tobin, a spokesman for the U.S. Attorney’s office, said prosecutors had not yet decided whether to seek a second trial for Lewis. "We’re reviewing the opinion and considering our options," Tobin said.

Read more: http://www.cleveland.com/metro/index.ssf/2013/04/post_130.html

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Federal appeals court grants new trial to man convicted of lighting Cleveland's deadliest house fire (Original Post) alp227 Apr 2013 OP
'The Cincinnati-based appeals court received the case elleng Apr 2013 #1

elleng

(130,966 posts)
1. 'The Cincinnati-based appeals court received the case
Tue Apr 16, 2013, 06:18 PM
Apr 2013

after Oliver filed a 95-page order explaining his decision to overturn Lewis’s conviction on a charge of arson resulting in death. The judge said he assumed the role of a "13th juror" in weighing the testimony of witnesses, who included several inmate informants and an alleged eye-witness.

Oliver declined to say Lewis was innocent of the crime, but he found the testimony to be unreliable. He noted that all of the jailhouse informants had connections to an inmate who had previously received benefits from federal agents. Also, all of their stories were "uncannily similar" and could not be corroborated.

The eye-witness, Marion Jackson, was an accomplice of Lewis, and the prosecution’s key witness. But Jackson, then 55, had a long criminal history, had spent half his life in state hospitals and prisons, and suffered from mental illness. Oliver found his testimony inconsistent and unreliable.

To allow the jury’s verdict to stand would be a "miscarriage of justice," Oliver ruled.

The appeals court judges said Oliver was better suited than they were to determine if the faulty testimony justified a new trial.'

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