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Author Topic: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free  (Read 3964 times)

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Offline Jeff1857

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Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« on: June 06, 2008, 09:17:06 AM »
Man on death row should get new trial, court rules


Joe D'Ambrosio A Cleveland man who has spent nearly 2 decades on death row must be given a new trial or let out of a prison, a federal appeals court ruled Thursday.

The 3-judge panel agreed with a ruling made in 2006 by U.S. District Judge Kate O'Malley that Joe D'Ambrosio is entitled to a new trial because prosecutors withheld several pieces of crucial evidence that could have exonerated him.

Turning over the evidence would likely have resulted in a different verdict for D'Ambrosio, who was found guilty and sentenced to death after a trial in 1989, the court said in its opinion.

Supporters of D'Ambrosio, 47, hailed Thursday's decision and called on prosecutors to release him from a state prison near Youngstown.

"We're hoping the state does the right thing," John Lewis, part of a team of lawyers from Jones Day who are representing D'Ambrosio for free. "In our view, the evidence that was withheld shows D'Ambrosio did not commit this crime."

Cuyahoga County Prosecutor Bill Mason, through a spokesperson, said he is still considering whether to appeal the decision or retry the case. "We're disappointed in the ruling," Mason said in the statement.

D'Ambrosio claims he was wrongly convicted for the 1988 murder of Tony Klann, then 19. Klann was found dead in Doan Brook, stabbed in his chest and with his throat slashed.

Following a weeklong hearing in 2004, O'Malley ruled that prosecutors withheld 10 pieces of evidence that could have helped exonerate D'Ambrosio and should have been turned over to the defense under court rules.

In one instance, prosecutors did not tell D'Ambrosio's lawyer that the man who accused D'Ambrosio of the murder had his own motive for killing Klann. The man -- Paul Lewis -- was charged in a rape case in which Klann was the only witness.

Also, defense attorneys were not told that the 2 homicide detectives investigating the case believed Klann was killed elsewhere and then dumped in Doan Brook. That directly contradicted the testimony of Eddie Espinoza, the state's only eyewitness. Espinoza pleaded guilty to manslaughter and served a reduced sentence -- 12 years -- for his testimony.

"The most telling piece of evidence was from the police officers," Lewis said. "These are police officers who came willingly to a hearing and testified that they did not believe the crime was committed where (Espinoza) said the crime occurred."

Shortly after Klann's body was found on Sept. 24, 1988, Paul Lewis pointed investigators to D'Ambrosio, Thomas "Michael" Keenan and Espinoza, who worked together landscaping.

The trio was looking for Lewis because Keenan believed Lewis had stolen drugs from him. Espinoza later testified that they found Klann in Little Italy and forced him into their truck because they thought Klann could lead them to Lewis.

Espinoza testified during the 1989 trial that the men drove to Doan Brook, where Keenan slit Klann's throat and pushed him into the creek. Klann begged for his life and tried to escape, but D'Ambrosio caught him and killed him, Espinoza testified.

However, detectives said they found no blood on the creek bed, signs of a struggle or tire marks leading to the creek.

At the time of the murder, Lewis faced charges for raping Klann's roommate. Klann was the only witness subpoenaed to testify against Lewis.

Ralph DeFranco, D'Ambrosio's lawyer in the murder trial, testified that prosecutors never told him about the rape case. Former Assistant County Prosecutor Carmen Marino knew about Lewis' rape case but did not inform DeFranco, as he was obligated to do, O'Malley said in her order for a new trial 2 years ago.

O'Malley said in that ruling that defense lawyers could have crafted a different strategy had they known about the case.

The appeals court Thursday upheld O'Malley's ruling and concurred that D'Ambrosio would probably not have been found guilty if the evidence was turned over.

The state can ask the appeals court to reconsider the ruling as a whole. The state can also petition the U.S. Supreme Court. Neither body is obligated to hear the case, Lewis said.

D'Ambrosio will likely remain jailed during the appeals process. He has remained in prison since O'Malley initially ruled in March 2006 that he deserved a new trial.
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Seems like Ohio is trying to let out all their oldtimers.  >:(


Offline Jacques

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #1 on: March 03, 2009, 01:56:22 AM »
CLEVELAND — On death row for 20 years, Joseph D'Ambrosio could be out of jail later this week.

The decision Tuesday by Cuyahoga County Common Pleas Judge Joan Synenberg to set D'Ambrosio's bond at $50,000 outraged prosecutors but was a relief to D'Ambrosio's supporters, who believe their friend has been denied a fair trial and wrongly imprisoned.

D'Ambrosio must post $5,000 -- 10 percent of his bond, which is standard -- to get out of jail. Supporters are raising money and working out details of where he will live.

Then he will remain under house arrest, with an electronic bracelet strapped to his ankle, until the conclusion of the new trial he has been demanding for years. D'Ambrosio will once again face charges that he killed 19-year-old Tony Klann in 1988 and dumped his body in Doan Brook.

The trial is scheduled to begin Monday but might get postponed, lawyers said.

"This is unbelievable," Cuyahoga County Prosecutor Bill Mason said. "A week before trial and the judge lets him out. The facts of the case have been tried three times and each time the defendants were sentenced to the death penalty. This is appalling."


Ronald Frey, a board member for the Ohio Association of Criminal Defense Lawyers, said the ruling -- and new trial -- are appropriate.

"While the allegations are obviously of the most severe sort, the man has been afforded a new trial. As such, he is presumed innocent," Frey said. "Regardless of the outcome at the new trial, the legal system is better off as all evidence will be contemplated by a jury this time."

D'Ambrosio, 48, and a friend were convicted in 1989 of killing Klann in Cleveland Heights by slashing his throat and stabbing him in the chest. Both D'Ambrosio and Thomas Keenan were sentenced to death.

A federal judge ruled in 2006 that prosecutors withheld 10 key pieces of evidence from D'Ambrosio and his lawyers that might have exonerated him in the original case. U.S. District Judge Kate O'Malley ordered a new trial.

Mason appealed, but an appeals court upheld the federal court ruling. D'Ambrosio has remained in prison while prosecutors appealed.

In the process, D'Ambrosio's case became a rallying point for those who call for "open discovery," where prosecutors must turn over all their statements, interviews and other evidence to defendants. Mason agreed this year to turn over all evidence to defense lawyers through a secure computer system.

But he remains confident that prosecutors have enough evidence to once again convict D'Ambrosio of killing Klann.

Prosecutors argued Monday that D'Ambrosio should remain in jail because he had been convicted and is a flight risk. They also argued, according to Synenberg, that giving bail to a person on death row is unheard of.

Synenberg was not convinced.

"Mr. D'Ambrosio is not on death row," she snapped at prosecutors Tuesday, citing the recent court rulings that questioned the conviction.

The state constitution mandates bail unless proof of guilt is evident and there is a presumption of guilt, Synenberg said. Because O'Malley ruled D'Ambrosio would not likely have been convicted if evidence had not been withheld, she said neither of those conditions apply and he is constitutionally entitled to bail.

Assistant County Prosecutor Mark Mahoney noted that D'Ambrosio's new bond was significantly lower than the $200,000 bond set for the first trial in 1989.

D'Ambrosio was led out of court back to the Cuyahoga County Jail without any comment. His lawyer Jeffry Kelleher praised Synenberg for a "very appropriate decision."

"There's going to be no misadventures after he's released," Kelleher said. "He is anxious to vindicate the position of innocence he's held all along."

Before D'Ambrosio is let out of jail, his lawyer and supporters must resolve where he will live until his new trial is concluded.

He applied for bail with plans to live with the Rev. Neil Kookoothe, pastor at St. Clarence Catholic Church in North Olmsted. Kookoothe ministers to death row inmates and took up D'Ambrosio's case after meeting him in prison.

Synenberg ruled D'Ambrosio must remain under Kookoothe's supervision but Kelleher asked the judge to adjust her ruling. The Diocese of Cleveland could object to D'Ambrosio living on church property, Kelleher said.

Kookoothe attended the hearing but declined to talk afterward. A spokesman for the diocese declined to say if the church would object to D'Ambrosio living in the St. Clarence rectory.

Kelleher proposed instead having D'Ambrosio stay with Rosalie Lee, a Parma widow whose daughter contacted D'Ambrosio by mail when he was in prison. She traveled with her daughter to visit him in prison every week and remains D'Ambrosio's friend.

"I call him son and he calls me mom," said Lee. "He's a very good person."

D'Ambrosio's parents are both dead.

Synenberg declined to grant that change. Kelleher will have to apply again, then the county bond commissioner has a chance to visit Lee's apartment and determine if it is suitable.

Kelleher said they would probably wait to post bond until the judge approves Lee's apartment.

"We're not going to post bond just to have him walk into a problem," he said.
probably would not have been found guilty if the evidence had been turned over.

Best

Jacques
"If you can't explain it to a six year old, you don't understand it yourself." Albert Einstein

Offline Michael

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #2 on: March 03, 2009, 05:03:40 AM »
Sloppy police work and a strict judge leaves a bad feeling.

Michael
I´m not sure if there´s a hell, but I believe in executed murderers.

Offline Jeff1857

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #3 on: April 24, 2009, 08:36:23 AM »
Cuyahoga County Prosecutor Bill Mason took another litigious swing this week at Common Pleas Judge Joan Synenberg, reaffirming his argument that the judge's bias and hostility toward prosecutors should compel her to step down from a high-profile death penalty case.

In a recent filing with the Ohio Supreme Court, Mason said there is no possibility for reconciliation with Synenberg, who is set to hear the trial for former death row inmate Joe D'Ambrosio next month.

D'Ambrosio is accused of killing 19-year-old Tony Klann in 1988. He was convicted of aggravated murder and sentenced to death in 1999, but the conviction was thrown out on appeal in 2006 because prosecutors failed to disclose key evidence that might have exonerated D'Ambrosio.

Mason asked the Supreme Court this month to remove Synenberg from the case, arguing that she could not try the case fairly because she represented co-defendant Thomas Keenan in 1993. Like D'Ambrosio, Keenan was sentenced to death for Klann's murder.

Mason's argument relied on a court record that listed Synenberg as one of Keenan's attorneys and affidavits signed by two assistant prosecutors who said they remembered Synenberg working on the case.

In her response this week to Mason's accusations, the judge denied ever representing Keenan. James Kersey, who was Keenan's attorney, also submitted an affidavit denying that Synenberg helped him with the case in 1993. Synenberg said she has been evenhanded and reasonable to both prosecutors and defense lawyers in the D'Ambrosio case.

But Mason fired back Wednesday, accusing the judge of questioning his attorneys' honesty and integrity.

"The state submits that Judge Synenberg's response is further evidence of her bias against the government in this case and that the state has no faith in her ability to be fair and impartial," Mason wrote in his recent memorandum to the state Supreme Court.

"Judge Synenberg has stridently and accusatorily suggested that none of the current and former prosecutors' recollections and none of the court records regarding her role in the Keenan case have any validity, and that only her account can be trusted."

Also Wednesday, Cuyahoga County Public Defender Robert Tobik, who is one of several lawyers working on the D'Ambrosio case, filed an affidavit in support of Synenberg.

http://blog.cleveland.com/metro/2009/04/cuyahoga_county_prosecutor_bil_3.html

Offline Moh

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #4 on: April 25, 2009, 12:01:07 AM »
Does she really want to lose her job? Weird.

Offline Granny B

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #5 on: April 25, 2009, 08:32:16 AM »
Mason asked the Supreme Court this month to remove Synenberg from the case, arguing that she could not try the case fairly because she represented co-defendant Thomas Keenan in 1993. Like D'Ambrosio, Keenan was sentenced to death for Klann's murder.

Mason's argument relied on a court record that listed Synenberg as one of Keenan's attorneys and affidavits signed by two assistant prosecutors who said they remembered Synenberg working on the case.

"The state submits that Judge Synenberg's response is further evidence of her bias against the government in this case and that the state has no faith in her ability to be fair and impartial," Mason wrote in his recent memorandum to the state Supreme Court.

"Judge Synenberg has stridently and accusatorily suggested that none of the current and former prosecutors' recollections and none of the court records regarding her role in the Keenan case have any validity, and that only her account can be trusted."


What I said before, if a scumyer can't win a case one way, they try another.  :P  This one waited until she was a judge to try to exonerate her scummy murderer.  :D  Clean up her loss so to speak. >:(
" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy

Offline Moh

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #6 on: April 27, 2009, 12:51:28 AM »
It's Legal Ethics 101 that the judge must recuse herself in this situation. It's a real no-brainer.

Offline Jeff1857

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #7 on: April 28, 2009, 12:31:37 PM »
Federal judge orders Joe D'Ambrosio's 1988 murder conviction, death sentence expunged


A federal judge has granted Joe D'Ambrosio's 20-year wish to clear his name in the murder case that landed him on death row.

But Cuyahoga County Prosecutor Bill Mason vowed Monday to restart the capital murder case and bring in new investigators to sift through the evidence.

U.S. District Judge Kate O'Malley on Friday erased D'Ambrosio's conviction and death sentence in connection with the 1988 aggravated murder of Tony Klann, whose body was found with a slashed throat in Doan Creek.

Mason said the ruling requires him to reindict D'Ambrosio. But a footnote in the 55-page document clearly states that prosecutors can proceed with a retrial under the original indictment. The order does not, however, bar prosecutors from seeking to dismiss the original charges and reindict the case.

The prosecutor's office has feuded with Cuyahoga County Common Pleas Judge Joan Synenberg for months over the case and has even sought to have her removed. But court officials said reindicting the case would not take it away from Synenberg as reindicted cases are returned to the judge's docket.

Mason said he is uncertain if he will ask the Supreme Court again to remove Synenberg from the case if it returns to her docket.

The prosecutor said he wanted a fresh start to the case. He solicited the help of the U.S. Marshals Service to review old evidence and reinterview witnesses during the next 6 months to a year.

"From my perspective, this has been going on for 20 years, and some of the officers who originally investigated it aren't even on Earth anymore," Mason said. "The case looks pretty straightforward. But I've been living with it for a long time, and there has been so much fanfare made of it. It would be best to have a fresh set of eyes on the evidence."

The judge and D'Ambrosio's lawyers declined to discuss the case. Synenberg said a gag order she issued last month remains in effect.

O'Malley overturned D'Ambrosio's murder conviction in 2006, saying that prosecutors withheld evidence that could have exonerated him. Last September, the judge gave Mason's office 180 days to retry D'Ambrosio in Klann's murder or set him free.

As the deadline neared, D'Ambrosio's attorneys complained that the prosecutor's office had again failed to turn over critical evidence, including untested blood samples from D'Ambrosio's apartment.

As a result, Synenberg extended the start date of the trial to May 4, giving the defense time to perform forensic testing on the evidence.

O'Malley rejected the delay and ordered D'Ambrosio's release and his record expunged.

D'Ambrosio remained on house arrest Monday. O'Malley's ruling said there were still bond issues that the local court must resolve. Synenberg will hold a bond hearing within the next 2 weeks.

(source: Plain Dealer)


Offline Jeff1857

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #8 on: March 06, 2010, 01:16:45 PM »
CLEVELAND, Ohio -- A judge declared Joe D'Ambrosio a free man Friday afternoon, ending more than 21 years of incarceration -- mostly on death row -- for a crime he has always said he didn't commit.

D'Ambrosio, 48, remained subdued as supporters hugged in the courtroom. He marched from the Justice Center to the nearby probation offices to have an electronic bracelet removed from his ankle, the last vestige of his imprisonment.

Joe D'Ambrosio is free man to go where he wants after Judge Joan Synenberg's ruling on Friday.On the way back out, he extended his hand to one of the guards.

"Take it easy," D'Ambrosio said. "I'm done."

"Enjoy your life," the guard replied.

D'Ambrosio's newfound freedom is the culmination of a long struggle to win the release of a man several judges ruled was denied justice by prosecutors.

Cuyahoga County Common Pleas Judge Joan Synenberg dismissed all charges against D'Ambrosio and ordered him released without any conditions. The move came two days after U.S. District Judge Kate O'Malley ruled D'Ambrosio cannot be retried for the 1988 killing of Tony Klann.

"Mr. D'Ambrosio, you are free," Synenberg said, after first reviewing details of the case, including several instances where she said prosecutors attempted to turn her court into "a circus."

Several judges have ruled D'Ambrosio likely would not have been convicted if prosecutors turned over several pieces of evidence that could have exonerated him, as they are required to do.

D'Ambrosio's case became a rallying point for supporters of "open discovery," the legal process in which prosecutors turn over all their evidence to defense lawyers, rather than just the evidence they deem applicable.

Plain Dealer coverage of the Joe D'Ambrosio caseD'Ambrosio tempered his emotions Friday, mindful of an appeal the state filed that challenged O'Malley's ruling.

The Rev. Neil Kookoothe, the Catholic priest whose investigative work lead to the discovery of evidence that freed D'Ambrosio, couldn't hold back his emotions after Synenberg dismissed the charges. His head dropped. Then he turned and hugged Joe Bodine, a former attorney for D'Ambrosio and now a law professor at Capital University.

Bodine said he felt blessed getting to know D'Ambrosio and working toward his release, even though the process gave him six ulcers. He gives the state's appeal little chance of succeeding.

Timeline of events

Sept. 24, 1988: A jogger finds Tony Klann's body in Doan Brook.

Sept. 26, 1988: Joe D'Ambrosio and Eddie Espinoza are arrested.

Oct. 6, 1988: D'Ambrosio is indicted for murder.

Feb. 6, 1989: A three-judge panel convicts D'Ambrosio. Eddie Espinoza and Paul Lewis testify against D'Ambrosio. He is later sentenced to the death penalty.

Aug. 23, 1993: Ohio Supreme Court upholds D'Ambrosio's conviction.

January 1998: D'Ambrosio gives his trial transcript to the Rev. Neil Kookoothe.

Nov. 25, 2002: U.S. District Judge Kate O'Malley orders all records and evidence from D'Ambrosio and Lewis cases turned over to Ohio public defender's office for examination.

March 25, 2006: O'Malley rules D'Ambrosio is entitled to a retrial.

June 6, 2008: A federal appeals court upholds O'Malley's ruling and orders D'Ambrosio must be let out of prison and given a new trial.

Sept. 11, 2008: O'Malley rules D'Ambrosio must be tried in 180 days or released.

March 2009: Cuyahoga County Common Pleas Judge Joan Synenberg sets D'Ambrosio's bond at $50,000. He is allowed to live in an apartment in Parma under house arrest. O'Malley later extends the 180-day trial deadline after ruling prosecutors again withheld evidence from D'Ambrosio.

April 26, 2009: Edward Espinoza, the main witness against D'Ambrosio, dies.

April 27, 2009: O'Malley denies a motion from D'Ambrosio asking her to block his re-prosecution.

April 30, 2009: Prosecutors learn Espinoza, their star witness, is dead.

July 2009: Prosecutors inform O'Malley Espinoza has died.

Aug. 14, 2009: D'Ambrosio files another motion asking O'Malley to block his retrial, arguing the death of Espinoza denies him a fair trial because he cannot challenge Espinoza's account of the killing with the withheld evidence.

March 3, 2010: O'Malley grants D'Ambrosio's motion, ruling that he cannot be retried. She notes that Espinoza's death, which came after the 180-day deadline she set, precludes D'Ambrosio from getting a fair trial.

March 5, 2010: Synenberg dismisses the murder charge against D'Ambrosio and orders him released. Prosecutors appeal O'Malley's ruling.
"I would be dumbfounded if Judge O'Malley's opinion were reversed," he said. "That was a work of art."

The attorney general's notice of appeal did not specify on what grounds they were appealing her ruling, and his office declined to elaborate.

In her ruling Wednesday, O'Malley forbade prosecutors from retrying D'Ambrosio for killing Klann. She also used space in her 37-page order to blast Cuyahoga County prosecutors, from those who handled D'Ambrosio's case in 1989 to those who she said ignored her orders and D'Ambrosio's rights in recent months.

"To fail to bar retrial in such extraordinary circumstances surely would fail to serve the interests of justice," O'Malley wrote. "Indeed, it would pervert those interests."

D'Ambrosio was convicted of killing Klann but proclaimed his innocence. Michael Keenan was tried separately and also was found guilty and sentenced to die. He maintains his innocence, too, but remains on death row pending appeal.

Edward Espinoza, the third person charged with killing Klann, pleaded guilty to a reduced charge of manslaughter in exchange for testifying against D'Ambrosio and Keenan. He served 12 years in prison and was released in 2001. He died last year.

The turning point for D'Ambrosio came in 1998 when he met Kookoothe, who trained as a lawyer and nurse before becoming a priest. Kookoothe looked into D'Ambrosio's case and found several concerns.

Further investigation determined the person who directed police to D'Ambrosio had his own motive for killing Klann. Physical evidence also suggested Klann had not been stabbed to death at Doan Brook in Cleveland's Rockefeller Park, as Espinoza testified, but that Klann was killed elsewhere and his body dumped in the stream.

O'Malley overturned D'Ambrosio's conviction in 2006 after ruling Cuyahoga County prosecutors withheld 10 pieces of evidence that could have prompted a three-judge panel to find him not guilty. In September 2008, she ordered prosecutors to release D'Ambrosio or retry him within 180 days.

O'Malley extended that deadline after she said prosecutors again withheld evidence from D'Ambrosio.

D'Ambrosio then went from state prison to an apartment in Parma, where he was allowed to live under house arrest pending the outcome of the new murder trial.

In April 2009, O'Malley expunged D'Ambrosio's record but still allowed for a retrial, unaware that Espinoza had died the previous day. But she ruled this week Espinoza's death now makes it impossible to give D'Ambrosio a fair retrial, because his lawyers could not challenge Espinoza's version of the killing with the witheld evidence that contradicts his testimony.

While on house arrest, D'Ambrosio has been living with Rosalie Lee, a 70-year-old he considers mom. But with Synenberg's order, he's now free to go wherever he wants.

"Although perhaps not swift, justice did prevail," Synenberg said.

D'Ambrosio declined to talk with the media, but he smiled and hugged his supporters.

Lee said she doesn't know what the man she has come to love like a son will do next.

"There's people that have offered him jobs," she said.

When Kookoothe was asked if he might give D'Ambrosio work around the church, the priest declined to say.

"What Joe does from this point on is his business," Kookoothe said. "He's a free man."

http://blog.cleveland.com/metro/2010/03/d.html

Offline ScoopD (aka: Pam)

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #9 on: March 06, 2010, 01:42:59 PM »
if he is truly innocent, i hope he rebuilds what remains of his life and lives in peace.

if he is guilty, i hope and pray he has rehabilitated himself and can live as a productive member of society and doesn't harm anyone.





If there must be trouble, let it be in my day, that my child may have peace. -Thomas Paine

My reason for supporting capital punishment: My cousin 16 yr. old Amanda Greenwell was murdered in March of 2004 at the hands of serial killer Jeremy Bryan Jones.

Offline AnneTheBelgian

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U.S. Supreme Court Closes Case Against Joe D'Ambrosio (OH DR), 1988 Murder
« Reply #10 on: January 24, 2012, 12:26:32 PM »
http://blog.cleveland.com/metro/2012/01/us_supreme_court_closes_23-yea.html

U.S. Supreme Court closes case against Joe D'Ambrosio for murder

Published: Monday, January 23, 2012, 6:12 PM     

Updated: Monday, January 23, 2012, 6:18 PM

By Pat Galbincea, The Plain Dealer

CLEVELAND, Ohio -- The 23-year-old case against Joe D'Ambrosio, the former death row inmate now living in North Royalton, has finally ended.

That's because on Monday, the U.S. Supreme Court refused to hear the state's appeal of a 2011 ruling blocking the retrial of D'Ambrosio - thereby ending the case.

D'Ambrosio becomes the sixth Ohio man to be exonerated from death row and 140th nationally.

D'Ambrosio, who turned 50 in December, was convicted of the 1988 murder of Anthony Klann in Cleveland. In 2009, a federal judge ruled that Cuyahoga County prosecutors failed to provide 10 pieces of evidence that could have exonerated D'Ambrosio at his trial. He was released after 21 years in prison on death row.

Last August, the appellate court in Cincinnati upheld U.S. District Court Kate O'Malley's ruling forbidding the reprosecution of D'Ambrosio - but the Ohio Attorney General appealed to the U.S. Supreme shortly afterwards.

Rev. Neil Kookoothe, the Catholic priest at St. Clarence Church in North Olmsted who helped rescue D'Ambrosio from prison, was pleased to hear that the case has closed.

"It's a thrill to hear this good news, but to wait 23 years for this day is inexcusable," Kookoothe said. "Justice denied this long isn't justice, but it also shows the system works...even if it is too slow of a process. It's a good day for Joe, his lawyers, and everyone who has supported him."

D'Ambrosio's attorneys, John Q. Lewis and David Mills, had similar reactions.

"It's the end of a very long road, and ultimately justice was done even if it was delayed," Lewis said. "This is a very good story. I hope Joe can go on to live a normal life."

The Cuyahoga County Prosecutor's Office had no comment, spokeswoman Maria Russo said.

























Photo : Joe d'Ambrosio

























Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

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Offline Kevin R.Hirschkorn

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #11 on: January 24, 2012, 01:46:27 PM »
OK  whats  every ones  thoughts  when a DA with holds key Items  from  the Defense? On  the other  had  why does  no one hold  the defense Lawyers accountable  as  well This  just a fail on many level's.
This was designed to hurt....Its a SEAL Candace unless you have been there yo will never understand...

Offline Wiz-khalifa-fan

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #12 on: January 24, 2012, 03:22:13 PM »
OK  whats  every ones  thoughts  when a DA with holds key Items  from  the Defense? On  the other  had  why does  no one hold  the defense Lawyers accountable  as  well This  just a fail on many level's.


I'm confused. Why would the defence be responsible for the prosecution hiding information from them?


Offline Granny B

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #13 on: January 24, 2012, 08:25:15 PM »
OK  whats  every ones  thoughts  when a DA with holds key Items  from  the Defense? On  the other  had  why does  no one hold  the defense Lawyers accountable  as  well This  just a fail on many level's.


I'm confused. Why would the defence be responsible for the prosecution hiding information from them?


".....a federal judge ruled that Cuyahoga County prosecutors failed to provide 10 pieces of evidence that could have exonerated D'Ambrosio at his trial. "
" Closure? Closure is a misused word in the English language.  There is no such thing as closure for the family of a murder victim.  There will never be any closure for the death of our loved ones until we are dead ourselves.  The families have a lifetime sentence of anguish and sadness." 
Susan Levy

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Re: Joe D'Ambrosio Ohio DR in 1988 Murder Ordered Free
« Reply #14 on: January 25, 2012, 10:35:34 PM »
I know DR inmates are known for claiming innocence when they really aren't, but this is the only case where I was 100 % convinced of his innocence . I wish Joe much luck in his future endeavors . He is a good guy and did not deserve what happened to him . This man entered prison in his 20's and spent nearly 2 decades in prison for a crime he didnt commit . How does one move on from that ?
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