The 69-year-old condemned murderer requests the release of the informant scandal allegations

A 69-year-old man who spent 44 years behind bars for a murder of gay stripes in Fullerton, he says that he has not endeavored to lift his conviction, and quoted new evidence that concern an informant of the prison house.

Guy Michael Scott, who was convicted of murder and roughly first degree in 1984 and sentenced to 25 years to live, tries to overthrow his conviction based on a new law that require a stronger participation in a murder and due to alleged violations of evidence, which according to an application by lawyer Scott Sanders, which is taken into account in the legal dispute, in the case In the false districts in which the legal dispute, in the case, in the case in which the legal disputes were led, led in the accident districts, in which the case was on the case. The history of the district.

Scott and co-accused Peter McDonald, who was held separately in court, were convicted of the victim in 1981 in the full tone apartment of the victim. According to Sanders, a third party accused, Robert Neary, testified for law enforcement and had his murder debt released.

McDonald, who has since died, was sentenced to life imprisonment without the possibility of probation after the public prosecutor's office failed twice to predict in the death penalty of his process.

Scott, who has been refused to probation several times, was condemned on the basis of Neal's certificate, said Sanders.

“The successful persecution of Scott depended on the credibility of Neary,” said Sanders. “Neary described how he, Scott and McDonald were invited to stay in Miner's apartment. When they wake up the following day, Miner supposedly suggested McDonald.

Sanders said that McDonald was “undeniably the leader of violence, but the description of Scott's role and his own changed over time – Scott's violence and his own violence grew off”.

The argument of Sanders is aimed at the former district prosecutor of Orange County, Tony Rackauckas, the original prosecutor in the case, the “impact on the integrity of this case”.

Rackauckas turned near “Complices to the most important public prosecutor after he and Fullerton detective Antonio Hernandez Neary interviewed,” said Sanders.

Rackauckas instructed Hernandez to turn off his cassette recorder during her two -hour interview, said Sanders. Rackauckas, who later handed over the case to another prosecutor, was forced to testify in two preliminary hearings about the Neary interview, said Sanders.

Rackauckas said he wanted the cassette recorder because “I didn't want anyone to have a literal report about the entire interview that I had with Near for the first time,” said Sanders.

“It was a simple, uncomplicated analysis of a WIN-AT-all-cost public prosecutor, who reasonably feared that a conviction would be more difficult to achieve if the defense and a jury could study everything that was said,” said Sanders.

Sanders argued that Neal was forced to turn the co -accused when he was threatened with the death penalty. Neary claimed that Scott had kicked and helped bind the victim, said Sanders.

Sanders accused Rackauckas from 1998 to 2018, “to hide truth about how the evidence of the informant of the prison in Orange County was received and disclosed …”. The same argument was made in the dissolution of the event of the death span against Dekraai, which ultimately owed the mass murders and decided the ultimate punishment.

Rackauckas is also accused of telling a detective that writing a report about an interview with the informant of the Jailhouse, Craig Lunsford, should delay the writing of letters, who, according to Sanders, admitted that he has cut the victim with a knife with a knife.

“This admission by Nary would have destroyed his credibility in the provisional hearing, especially because Neary had not allowed to use the knife,” said Sanders.

According to Sanders, Neary allegedly said with his gun (miner) that he played “tic tac toe with his weapon (miner).

This report was handed over to the defense after the first preliminary hearing and prompted the criminal prosecution team to have misunderstood Hernandez about whom Neary spoke, argued Sanders. The investigator of the district prosecutor, Thomas Icenogle, carried out a second interview with Lunsford to enable a star wit to stay near a star, Sanders argued.

The first complaint was made due to the problem with Lununford's explanation, which forced the public prosecutor to publish it.

Sanders and an investigator in February went to New York City to confront Neary.

“Although his identity was confirmed, Neal insisted that he was not nearby and the door closes,” said Sanders.

This seemed to stop every attempt to overthrow Scott's conviction, but weeks later the deputy district prosecutor Kristin Bracic, who was assigned the case, began to look for evidence, said Sanders.

Bracic found an interview with Jailhouse informant David Vogel from Icenogle in 1982, said Sanders. It took place days after the survey of Lunsford, said Sanders.

“According to Vogel, Neal had admitted to cut the victim,” said Sanders.

This evidence gave the defender John Barnett more ammunition to increase the credibility of the star witness, said Sanders.

“However, the defense cannot call Vogel as a witness because he also died,” said Sanders.

Sanders argued that it is unlikely that the Vogel interview of the defense was made available in Scott's legal proceedings.

Bracic found the tape with other cassettes that were wrapped in paper stamps, “discovered”, but there are no records that it was handed over to defenders, said Sanders.

Sanders accused Rackauckas of blocking access to a protocol with evidence in connection with informants over the years and abusing the pig to gain convictions.

The public prosecutor did not answer a request for a comment immediately.

Leave a Comment Cancel reply