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Pair convicted in liquor store killing not entitled to DNA evidence

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Two men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled Monday.

Wayne Superior Judge Gregory Horn denied a request for post-conviction relief for the two men convicted of killing Richmond liquor store owner David Hodson in September 1990. Hodson died a day after he was shot. In Lorenzo Reid and Larry Blake, a/k/a Larry Reid v. State of Indiana, 89A01-1208-PC-377,  the Court of Appeals affirmed the denial.

Lorenzo Reid was sentenced to 54 years in prison and Larry Blake was sentenced to 44 years for their involvement in the killing. A third person also was believed to be involved, but was never charged, and the defendants believe new DNA testing would reveal that person, as they claimed, committed the crime.

Reid and Blake sought post-conviction relief because they claimed the state failed to preserve or destroyed evidence that would have been exculpatory, an argument the court rejected.

“Appellants argue that their due process rights were violated as a result of the post-conviction loss or destruction of certain DNA evidence. The evidence was available for testing and was tested prior to trial. Appellants had access to the evidence as well as the test results prior to trial, and the results of these tests, which excluded Appellants as potential sources for the DNA, were admitted at trial,” Judge Cale Bradford wrote for the court.

“We conclude that … Appellants do not have a Due Process right to obtain post-conviction access to the State’s evidence for additional testing,” Bradford wrote.

"Even assuming that additional testing could result in finding a match of the DNA evidence obtained at the crime scene, such a discovery would only be potentially useful as it would likely only identify Appellants’ unknown accomplice and would not, in and of itself, prove that Appellants had not committed the crimes for which they were convicted."

The court also rejected arguments of ineffective counsel and that the state failed to disclose that a witness had a possible prior criminal conviction.

 

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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