"An appeal is when you ask one
court to show its contempt for another."
The appeals process is long and arduous. David's current defense team has uncovered numerous inconsistencies in the original investigation and subsequent trial, as well as having experts that have testified that it is not possible for the crime to have been committed as Joseph Wilkes 'confessed' to committing it. We believe that Wilkes was coerced into confessing to a crime that he did not commit.
Even though David's defense has new evidence to support their theories, they have thus far been unable to win a new trial. The prosecutions' view is that Wilkes confessed, so it doesn't really matter if he actually did it or not.
As of this time, David's appeals have reached the Federal Court. It is currently under review, and we are hopeful of a positive outcome.
This is his final chance for justice.
Below is a list of David's appeal history
CASE
HISTORY
Conviction
January
25, 2000
Appeals
On
Appeal From The Court Of Common Pleas, Stark County, Ohio
August 3, 2000
-Brief Of
Defendant/Appellant, David G. Thorne
Attorney Michael R.
Puterbaugh
October 10, 2000
-Brief
Of Plaintiff-Appellee, The State Of Ohio
Attorney Ronald Mark
Caldwell
Post-Conviction
Motion
November
11, 2000
-Post-Conviction
Petition Of David G. Thorne
Attorney Michael R.
Puterbaugh
This
petition was filed after the discovery of witness George Hale.
George came forward to police after having witnessed a man leaving the
premises of the victim before her body was discovered.
George gave a good description of the man to police and was shown a
line-up which included David Thorne.
He did not choose David Thorne from the line-up.
His information was not released to the defense.
Opinion- Appellate
Appeal
November 20, 2000
Judge
William Hoffman
Judge Sheila Farmer
Judge W. Don Reader
Judgment:
Affirmed
Amended
Post-Conviction Motion
January
4, 2001
-Amended
Post-Conviction Petition of David G. Thorne
Attorney Jeffrey W.
Pederson
This
petition was amended due to clerical errors in the original petition.
Supreme
Court Appeal
January
4, 2001
-Notice Of Appeal Of
Appellant David G. Thorne
Attorney Jeffrey W.
Pederson
Third Amended
Post-Conviction Motion
December 27, 2001
-Amended
Post-Conviction Petition Of David G. Thorne
Attorney Jeffrey W.
Pederson
This
petition was amended following the recantation and subsequent affidavit of
Joseph I. Wilkes.
Response Of
Plaintiff-Respondent, The State Of Ohio
May 9, 2003
Attorney Ronald Mark
Caldwell
Attorney Chryssa Hartnett
The prosecution turned this
over to the Court at the Post-Conviction Hearing.
This is the prosecution's response to a hearing being granted to David G.
Thorne.
POST-CONVICTION HEARING
May 12, 2003
Judge
Richard Reinbold
Attorney
William T. Doyle, Defense
Attorney Jeffrey W.
Pederson, Defense
Attorney
Ronald Mark Caldwell, Prosecution
Attorney Chryssa Hartnett,
Prosecution
The
defense brought experts and witnesses to testify on behalf of David G. Thorne.
Forensic Scientist Brent Turvey testified that the crime that Joseph
Wilkes confessed to did not occur.
Handwriting
expert Michael Robertson testified that the prosecution's exhibit of a business
card that Joseph reportedly wrote his name and phone number on, was in fact not
in Wilkes' handwriting, but he could not rule out the card having been written
by the witness who turned it over to police.
George
Hale testified to having seen a man leaving the residence of the victim during
the hours before her body was discovered.
His description did not match Joseph Wilkes or David Thorne.
Mr. Hale did not choose either man out of a line-up.
Victoria Rhodes, Joseph's
youth minister, testified that Joseph told her the day before the trial that he
was going to lie on the stand and implicate himself and David Thorne in the
murder of Yvonne Layne. His
reasoning was that he was told if he didn't he would be convicted and put to
death, and he was too young to die
Post Hearing Response Of
Plaintiff-Respondent, The State Of Ohio
June 2, 2003
Attorney Ronald Mark
Caldwell
Attorney Chryssa Hartnett
Prosecutions
brief concerning the Post-Conviction Hearing.
Defendant's Brief And
Argument
June 12, 2003
Attorney
William T. Doyle
Attorney Jeffrey W.
Pederson
Defendant's brief
concerning the Post-Conviction Hearing.
Judgment Entry
October 15, 2003
Judge
Richard Reinbold
The
Judge denied David G. Thorne's Petition for Post-Conviction Relief, stating that
he believes that if he was correct in his characterization of trial counsel's
strategy, it would have been counterproductive to bring in expert testimony.
He says:: "who cares about blood stains on couch pillow cases, and who
cares about bloody footprints."
In The Court Of Appeals,
Fifth Appellate Judicial District, Stark County, Ohio
February 18, 2004
-Appellant's
Brief
Attorney William T. Doyle
Attorney Jeffrey W.
Pederson
June 25, 2004
-Brief
Of Respondent-Appellee, The State Of Ohio
Attorney Ronald Mark
Caldwell
Opinion
Judge
William B. Hoffman
Judge Julie A. Edwards
Judge John F. Boggins
Judgment:
Affirmed
In
The Supreme Court Of Ohio
January 28, 2005
-Memorandum
In Support Of Jurisdiction Of Appellant David G. Thorne
Attorney William T. Doyle
Attorney Jeffrey W.
Pederson
February 9, 2005
-Memorandum
In Response Of Respondent-Appellee, State of Ohio
Attorney Ronald Mark
Caldwell
Decision
April
13, 2005
Thomas J. Moyer,
Chief Justice
Judgment: Affirmed
Habeas Petition
April 13, 2006
-Defendant's Habeas
Petition
Attorney Melissa
Prendergast
June 27, 2006
-Answer of Respondent
Attorney Steven Eckstein