The ruling by Superior Court Judge Dan Shaban came after the
state Supreme Court last year vacated
the felony murder convictions of Ralph “Ricky” Birch and Shawn Henning
in the Dec. 1, 1985, slaying of 65-year-old Everett Carr, of New Milford.
Birch had served more than 30 years of a 55-year sentence
for felony murder. Henning, who was 17 when the crime occurred, was granted
probation in 2018 under new rules for teenage offenders.
“They say the wheels
of justice turn slowly,” Birch told The Hartford Courant outside the courtroom.
“That’s a little bit of an understatement. It feels good. It’s been a long time
coming.”
Andrew O’Shea, Birch’s attorney, said that despite an
extremely bloody crime scene, no DNA evidence was ever found linking the pair
to Carr, who had been stabbed 27 times, had his throat cut and suffered seven
blows to the head. Despite being identified as suspects shortly after the
crime, no blood was found on their clothes or in their car.
During their trials, prosecutors presented evidence from Lee
— who would later gain fame as a witness in the O.J. Simpson murder case — that
it was possible for the assailants to avoid getting much blood on them.
Lee also testified that a towel, which later was suggested
could have been touched by the killers while cleaning up, was found in a
bathroom near the crime scene with stains consistent with blood. But later tests
showed it was not blood.
Litchfield State’s Attorney Dawn Gallo told Shaban that the
state had decided against retrying the men because witnesses from 1985 have
died or recanted testimony and retests of evidence failed to turn up anything
tying Birch and Henning to the murder.
In dismissing the charges, Shaban ruled that there is no
need for any further investigation of Birch and Carr, who wore T-shirts Friday
reading “I didn’t do it,” and “I am innocent.” Friday’s brief hearings for the
two men were streamed online.
To read more CLICK HERE
Posts
No comments:
Post a Comment