Post by Anja Nieser on Sept 12, 2006 20:34:38 GMT -5
Man's attorneys seek to prove mistakes led to his conviction
Attorneys for a man convicted in the rape and murder of a sailor's young
wife hope to free him from prison by arguing he had bad lawyers, that
police and prosecutors tampered with witnesses' testimony, and that the
judge who tried him made mistakes.
Derek E. Tice, 36, is serving 2 life terms for the rape and murder of
Michelle Moore-Bosko, 18. Her husband, William, found her body in their
Ocean View apartment when he returned from a Navy cruise in July 1997.
7 men were arrested in the crime, but none of them were a match for DNA
evidence found at the scene. An eighth suspect, Omar Ballard, was charged
after he wrote a letter to a friend bragging about the crime. His DNA was
a match. He pleaded guilty to rape and murder and was sentenced to 2 life
terms.
Cases against three men were withdrawn because of lack of evidence. Cases
against 4 who signed confessions, including Tice, went forward. Tice now
denies any part in her death.
Last year, Tice's attorneys filed a petition in Norfolk Circuit Court for
a writ of habeas corpus, or a ruling that Tice is unlawfully imprisoned.
During a hearing on the petition Monday in front of Judge Everett A.
Martin, they questioned Tice, the two attorneys who represented him during
both his trials, and others in an effort to prove that his confession was
coerced and a series of legal mistakes led to his conviction.
Tice testified that he was "belittled, alone, beaten and afraid" during
interrogation by Norfolk police Detective R. Glen Ford. Tice said that
Ford appeared to threaten him physically by standing over him and leaning
toward him, and that Ford said he would get the death penalty if he didn't
confess.
"Every time I would open my mouth, he called me a liar," Tice said. "I was
in fear of my life."
After hours of denials, Tice said, he broke down and cried and admitted to
participating in the crime to get away from Ford and to keep from getting
the death penalty.
Ballard first told police that he had nothing to do with the crime, and in
later statements said he acted alone. During Monday's hearing, Ballard
said he had planned to testify in Tice's trial that he was the sole
perpetrator, but Ford as well as Tice's attorneys at that time, James
Broccoletti and Jeffrey Russell, encouraged him not to.
Ballard said Ford told him, " 'You know the ones who are incarcerated are
guilty. We don't want anyone who is guilty to be released.' He said it
would be better if I had nothing to say."
Ballard said Broccoletti told him his testimony "was no help nor harm to
his client." Ballard took that to mean Broccoletti preferred he did not
testify. When called to the witness stand during Tice's trial, Ballard
said he had nothing to say.
One of Tice's current attorneys, Deborah Boardman, questioned both Russell
and Broccoletti about their trial strategy. Boardman asked why Russell and
Broccoletti had not tried to suppress Tice's statement, why they did not
investigate the alibi of another of the accused men, and why they did not
encourage Ballard to testify.
Broccoletti said the decision not to ask for a suppression hearing on
Tice's confession was a tactical one. He did not know how Tice would hold
up on cross-examination and knew Ford to be a powerful witness.
Additionally, Broccoletti said, a suppression hearing would be a "dry run"
of the kinds of questions he would ask Ford at trial, and he did not want
to tip his hand.
Broccoletti said he did not discourage Ballard from testifying. Yet he
added that he was relieved when Ballard refused, because he worried
Ballard would be a loose cannon on the witness stand.
In addition to his habeas corpus petition, Tice has asked the governor for
clemency. Two other men also have done so - Joseph J. thingy Jr. and Danial
J. Williams, who are serving life terms without the possibility of parole.
A review of that petition is under way.
Moore-Bosko's parents, John and Carol Moore, sat across the aisle from
Tice's parents, Larry and Rachel Tice.
"I know it's a reopening of old wounds," Larry Tice said outside the
courtroom. "I still cannot stop fighting to get my innocent son out of
prison."
The Moores declined to talk but offered a written statement from their Web
site.
"We are certain that these men are guilty of raping and murdering Michelle
and they must be responsible for their crimes," it read in part.
The hearing continues today.
(source: The Virginian-Pilot)
Attorneys for a man convicted in the rape and murder of a sailor's young
wife hope to free him from prison by arguing he had bad lawyers, that
police and prosecutors tampered with witnesses' testimony, and that the
judge who tried him made mistakes.
Derek E. Tice, 36, is serving 2 life terms for the rape and murder of
Michelle Moore-Bosko, 18. Her husband, William, found her body in their
Ocean View apartment when he returned from a Navy cruise in July 1997.
7 men were arrested in the crime, but none of them were a match for DNA
evidence found at the scene. An eighth suspect, Omar Ballard, was charged
after he wrote a letter to a friend bragging about the crime. His DNA was
a match. He pleaded guilty to rape and murder and was sentenced to 2 life
terms.
Cases against three men were withdrawn because of lack of evidence. Cases
against 4 who signed confessions, including Tice, went forward. Tice now
denies any part in her death.
Last year, Tice's attorneys filed a petition in Norfolk Circuit Court for
a writ of habeas corpus, or a ruling that Tice is unlawfully imprisoned.
During a hearing on the petition Monday in front of Judge Everett A.
Martin, they questioned Tice, the two attorneys who represented him during
both his trials, and others in an effort to prove that his confession was
coerced and a series of legal mistakes led to his conviction.
Tice testified that he was "belittled, alone, beaten and afraid" during
interrogation by Norfolk police Detective R. Glen Ford. Tice said that
Ford appeared to threaten him physically by standing over him and leaning
toward him, and that Ford said he would get the death penalty if he didn't
confess.
"Every time I would open my mouth, he called me a liar," Tice said. "I was
in fear of my life."
After hours of denials, Tice said, he broke down and cried and admitted to
participating in the crime to get away from Ford and to keep from getting
the death penalty.
Ballard first told police that he had nothing to do with the crime, and in
later statements said he acted alone. During Monday's hearing, Ballard
said he had planned to testify in Tice's trial that he was the sole
perpetrator, but Ford as well as Tice's attorneys at that time, James
Broccoletti and Jeffrey Russell, encouraged him not to.
Ballard said Ford told him, " 'You know the ones who are incarcerated are
guilty. We don't want anyone who is guilty to be released.' He said it
would be better if I had nothing to say."
Ballard said Broccoletti told him his testimony "was no help nor harm to
his client." Ballard took that to mean Broccoletti preferred he did not
testify. When called to the witness stand during Tice's trial, Ballard
said he had nothing to say.
One of Tice's current attorneys, Deborah Boardman, questioned both Russell
and Broccoletti about their trial strategy. Boardman asked why Russell and
Broccoletti had not tried to suppress Tice's statement, why they did not
investigate the alibi of another of the accused men, and why they did not
encourage Ballard to testify.
Broccoletti said the decision not to ask for a suppression hearing on
Tice's confession was a tactical one. He did not know how Tice would hold
up on cross-examination and knew Ford to be a powerful witness.
Additionally, Broccoletti said, a suppression hearing would be a "dry run"
of the kinds of questions he would ask Ford at trial, and he did not want
to tip his hand.
Broccoletti said he did not discourage Ballard from testifying. Yet he
added that he was relieved when Ballard refused, because he worried
Ballard would be a loose cannon on the witness stand.
In addition to his habeas corpus petition, Tice has asked the governor for
clemency. Two other men also have done so - Joseph J. thingy Jr. and Danial
J. Williams, who are serving life terms without the possibility of parole.
A review of that petition is under way.
Moore-Bosko's parents, John and Carol Moore, sat across the aisle from
Tice's parents, Larry and Rachel Tice.
"I know it's a reopening of old wounds," Larry Tice said outside the
courtroom. "I still cannot stop fighting to get my innocent son out of
prison."
The Moores declined to talk but offered a written statement from their Web
site.
"We are certain that these men are guilty of raping and murdering Michelle
and they must be responsible for their crimes," it read in part.
The hearing continues today.
(source: The Virginian-Pilot)