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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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