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Woman loses bid for new trial, appeals

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Indiana Lawyer Rehearing

A Greensburg woman – who said she was wrongfully convicted 14 years ago of an arson that killed her son – has lost her latest bid for a new trial and is now taking her case to the Indiana Court of Appeals.

After months of review following a hearing in October, Decatur Circuit Judge John Westhafer issued a 47-page ruling earlier this summer that denied Kristine Bunch’s request for post-conviction relief. She was convicted in 1996 of arson and murder for setting the trailer-home fire the year before that resulted in the death of her 3-year-old son. She was sentenced to 60 years in prison.

In his June 8 decision, Judge Westhafer wrote that he didn’t feel the defense produced sufficient evidence to warrant a retrial. He noted that Bunch’s lawyers had not introduced or presented any new factual evidence or physical evidence discovered since the original 1996 trial, but rather only opinion evidence. One of his main reasons for denial was that the lawyers presented four experts about how a new trial would turn out, but those individuals cited the same “undetermined” cause as the defense’s original trial expert.

“While (Bunch) had new resources available to her at the post-conviction hearing, new experts do not create new evidence,” the judge wrote. “The issues raised and the conclusions reached – while packaged differently ­– remain basically the same as they were at trial in 1996.”

Judge Westhafer also discussed the investigation quality, existence of kerosene in the floor samples with ‘innocent’ explanations, and a potential electrical cause were all presented at the original trial and in subsequent appeals. He also referred to Bunch’s own trial comments that appear contradictory and create “a significant inference of guilt.”

Bunch’s legal team – Indianapolis attorney Hilary Bowe Ricks and the Center on Wrongful Convictions at Northwestern University School of Law – filed an appeal July 8 and briefs are being filed in the coming months. That appeal is Kristine Bunch v. State of Indiana, No. 16A05-1007-PC-00439.
 

Rehearing to "Aiming for exoneration" IL Sept. 2-15, 2009

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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