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Old 05-14-2003, 11:25 AM   #1
TJ
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Default Stuart Heaton request for new trial denied

http://www.leaderunion.com/LEADERUNI...503&PubID=8732

Another attempt by convicted murderer Stuart Heaton to get a new trial has failed.
Fayette County Resident Circuit Judge S. Gene Schwarm denied Heaton’s petition for post-conviction relief in a three-page order filed on Monday.
Schwarm’s denial of Heaton’s request for a new trial comes about seven weeks after a two-day evidentiary hearing in which Heaton’s attorneys presented evidence to support their claim that he was unfairly convicted.
The delay in issuing a ruling in the case was due, in large part, to the time required for Heaton’s attorneys gaining certification from the Illinois Secretary of State on titles of white Dodge Dakota trucks, like the one owned by Heaton, in 1991. That matter was resolved just last week.
Attorneys with Jenner & Block of Chicago argued during the March hearing that Heaton did not have adequate legal representation for his trial, claiming that Heaton’s attorney was negligent for not investigating leads related to the possibility that another Fayette County man murdered Krystal Lynn Naab.
Heaton is serving a life sentence in Menard Correctional Center in Chester for the murder of the 16-year-old in her rural Ramsey home in July 1991.
“Stuart Heaton has not proven by a proponderance of the evidence that there has been a substantial denial of his rights under the Constitution of the United States or of the State of Illinois,” Schwarm said in his order.
“The petition for post-conviction relief is therefore denied,” the order states.
In order for Heaton to get a new trial, Schwarm pointed out that Heaton would have to prove that his “counsel’s performance was deficient in that it fell below an objective standard of reasonableness and that the deficient performance prejudiced the defendant” to the extent that he was “deprived of a fair trial.”
A standard set by case law, Schwarm said, “requires a reasonable probability of a different result, not merely a possibility.”
However, Schwarm’s ruling does not necessarily mean that the case is closed.
Heaton’s attorneys have the right to file a motion asking Schwarm to reconsider his ruling, and they may also file an appeal with the Fifth District Appellate Court. Such action would have to be initiated within 30 days.
One of Heaton’s attorneys, Shelley Malinowski, learned of the ruling on Monday afternoon, but declined to comment until she had a chance to read Schwarm’s ruling.
In 1999, a panel of Fifth District Appellate Court judges granted Heaton an evidentiary hearing in which he could present evidence that his trial attorney, Bill Farr of Pana, failed to investigate and present evidence that another Fayette County man murdered Naab.
In their ruling, the appellate judges said a hearing was warranted because Farr “did not even investigate (this other man’s) possible involvement in the murder.”
At the March hearing, the defense presented six people who testified that they saw this other man with Naab just days before the murder. However, the defense was unable to produce a witness who saw them together on the day of the murder.
Two of those witnesses also testified that this man’s brother had a white Dodge Dakota truck similar to one owned by Heaton, and that they had seen the man driving that truck.
However, there was no evidence that the man and Naab were together on the day of the murder, and Schwarm pointed out that none of the defense witnesses said they saw the man driving his brother’s truck on the day of the murder.
The defense witnesses also included a Bluff City man who lived near this man’s brother. Paul Ledbetter testified that he had overheard a phone conversation between this other man and his brother, via a scanner, in which incriminating statements were made.
Ledbetter also testified that this man’s brother disposed of bloody clothes in his burn barrel.
In his ruling, Schwarm described Ledbetter as “a many-time convicted felon” who is currently in prison. “The court finds the testimony of Paul Ledbetter entirely incredible and gives it no weight,” Schwarm said.
Those who testified for the defense at the evidentiary hearing admitted not reporting that they saw this other man with Naab until after Heaton’s conviction and sentencing.
The appellate court addressed such statements in its 1999 ruling, saying that Farr “cannot be deemed ineffective for failing to discover statements which were not even made until after the defendant was convicted; counsel is not required to consult a crystal ball.”




In his ruling, Schwarm also cited the testimony of Heaton’s mother and sister, who claimed that Heaton was horseback riding on the afternoon of the murder. He also noted that Heaton’s mother and wife testified that it was not unusual for Heaton, a carpenter, to have cuts on his hands.
Prosecutors compared those cuts on Heaton to those sustained by Naab.
Schwarm also noted that the defense had presented evidence that there were at least 11 white Dodge Dakotas similar to one owned by Heaton registered in the area at the time of the murder.
However, Schwarm said, “The testimony of trial defense counsel William Farr was vague.
“He did not recall specifics of information allegedly given to him by (the) defendant’s mother. He testified that the focus of his trial strategy was to attack the DNA evidence against the defendant.
“He testified that he had no backup plan if he lost on the DNA evidence,” Schwarm said.
Again, Schwarm said, Heaton would have to prove that he was “prejudiced by the unprofessional conduct” of his attorney, and that the outcome of his trial would have been different if not for the attorney’s “unprofessional errors.”
What’s required, he said, is proof of “a reasonable probability of a different result, not merely a possibility.”
The judge was referring to DNA tests performed on semen collected at the scene of the murder.
In 1991, when DNA testing was relatively new, tests indicated that a white male other than Heaton being the source of that semen was 1 in 52,600.
Last year, Heaton’s attorneys argued for – and were granted – new DNA testing, making the argument that testing methods used today are much more sophisticated than those used in 1991-92.
Those test results, however, were even more damning for the defense. The odds of the semen coming from a white male other than Heaton, according to those tests, were 1 in 31 billion.
Heaton’s attorneys said before the evidentiary hearing that they would not present the DNA test results at the hearing, claiming that they were not relevant to his claim of ineffective assistance of counsel.
Those latest test results were not mentioned at the hearing, but Schwarm mentioned them in his order.
“In the court’s view, the case turns on the DNA evidence implicating the defendant.
“This DNA evidence is corroborated by compelling circumstantial evidence,” Schwarm said in his ruling.
He noted that evidence presented by then-State’s Attorney Don Sheafor and his assistant, Richard Day, included:
• The “pairing-type cuts” found on Heaton that matched those “inflicted on the victim.
• The testimony of a man “identifying (Heaton’s) truck as the truck seen at the Naab residence shortly before the murder.”
• The testimony of a man who gave “a physical description of the driver of the white truck seen leaving the Naab residence at approximately 3 p.m. (on the day of the murder), which was comparable to the photograph of the defendant taken on the evening of the murder.”
• The testimony of two men “placing a southbound speeding white truck only approximately five miles from the Bergin (Heaton’s mother’s) residence.”
In closing, Schwarm said in his order, “In light of the DNA evidence implicating (the) defendant and the circumstantial evidence, the court does not believe a reasonable probability of a different result exists.”
Heaton did not take the witness stand at the evidentiary hearing to explain why his DNA would be present at the murder scene.
Nor did he testify at his 1992 trial.
Other than evidence presented over the years by his attorneys in court hearings, the only way Heaton has proclaimed his innocence is through two television shows – an “Unsolved Mysteries” show aired in the 1990s and a Court TV show that has been airing for the last couple of years – and in newspaper stories like the one appearing in “USA Today” in 1994.
During the evidentiary hearing, Heaton’s attorneys argued that there was no proof that semen recovered at the murder scene had been left there just prior to the murder, or even on that day.
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Old 06-06-2003, 05:00 PM   #2
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Default Stuart Heaton

Dear TJ,

Hey there. So you're in Marietta? I am closeby, in Norcross. I surmise that since you are a fellow Georgian, that you are also glad that Rudolph was apprehended.



In regards to Stuart Heaton- I am very interested in his case. It is so complicated- and so many questions come to mind.


I gather from your post (although it seemed objective to me) that you think that Stuart Heaton is innocent. Please correct me if I am wrong! Wait a minute, I just contradicted myself, didn't I. How could I have inferred that your opinion is that he is innocent, if your post was truly objective? Well, I am just guessing. But I found the information, which I assume to be on good authority, to be fascinating and compelling.


Is Heaton a wolf in sheeps clothing??????


I saw the interview with Stuart Heaton. I am not an expert, but it seemed, on the outside looking in, that he was being truthful. But some sociopaths are not dissimilar from that. They can lie straight to a person's face, and convince that person that they are being honest.



I think that Stuart Heaton was lying when he said that he did not know the murder victim. Why? Because Heaton did know her (the victim's) other siblings. This would lead me to believe that Heaton may have been prevaricating about the fact that he knew the victim.

Motive? I don't know. Maybe he was having a relationship with the young murder victim (whose name escapes me), and in a jealous rage, stabbed her to death.


Do you know- did they study the lacerations on Heaton's hands? The reason I ask is because if the police did examine the cuts on his hands, I would think that they would be able to extrapolate what sort of object caused the lacerations. Metal, like a knife, leaves infinitessimal traces in wounds- so if they had carefully and meticulously examined Heaton's cuts on his hands, then they would have known for certain where the cuts came from. Maybe the police failed to check? If they were wanting to convict Stuart Heaton , then I imagine that they would have conveniently forgotten to perform some of the normal tasks involved in murder cases.



My opinion? I think that Stuart Heaton did murder the girl. However, (and please don't ask me to justify this, because I don't think that I can) I feel that Heaton deserves another trial. In terms of the preponderance of the evidence, I would say that they did not have sufficient evidence to sentence Heaton.


Ostensibly, many of the officials involved, including one of the doctors who was called upon for the DNA tests, were not objective. I think that most of them had a penchant for giving Stuart Heaton a trial by ordeal.




Sincerely,

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Old 06-06-2003, 05:04 PM   #3
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Default Heaton's decision to not testify

Hey TJ-

I would like to add that I think that Stuart Heaton made a grave mistake by not testifying at his trial. The jury may have made the unfair assumption that Heaton was trying to hide something.
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Old 06-07-2003, 01:16 AM   #4
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Default Wasn't the DNA evidence against Heaton controversial?

Stuart Heaton was another guy I thought was innocent, based solely on the UM segment.

In fact, the Heaton case was on Lifetime a week or so ago. DNA experts debated whether bands matching Heaton's DNA were even present at all. They certainly didn't appear to be there to me, although I don't know if the TV portrayal was precise. The shade of the bands definitely did not match one another.

One troubling aspect of prosecutors and law enforcement that screams from programs like Unsolved Mysteries: the state (or feds) are forever in denial they might have made a mistake, even when significant evidence points in that direction. They seem more intent on keeping an individual in jail and the case closed than granting a new trial, or even the prospect of one. The comments are always a pathetic and robotic, "I'm positive we convicted the right man. The system worked. If he is let out, I'm sure he will kill again."

Then you have the UM case of the mother who was convicted of murdering her child, only to be freed solely due to having another child born in jail who had MMA, and it became obvious that was also what killed her first child, not intentional poisoning. You know damn well prosecutors would have insisted forever she was a hideous murderer, if not for that second child and the publicity the case gained thru UM. That's undoubtedly also true for Johnny Wilson, the mildly retarded guy who was convicted of setting a home on fire and killing the elderly woman owner. Luckily the real guilty party was caught in an unrelated case, and confessed to the Wilson incident including using a stun gun.

Same thing regarding the release of individuals cleared by DNA evidence. I've read many online papers in which prosecutors want judges to disregard new DNA evidence in those cases, because they are "sure" the person was indeed the perpretrator. EVEN WHEN DNA WAS THE HEART OF THE ORIGINAL PROSECUTION!

Can you imagine how many innocent people must be imprisoned right now, and for the rest of their lives, partially because DNA that might clear them was either never available, or subsequently destroyed?
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Old 06-07-2003, 09:04 PM   #5
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Default Stuart Heaton's saga

In the event that Stuart Heaton really is innocent, then I think that he should be exonerated.

Unfortunately, there must be some number of innocent people in prison. I feel sympathy for them and thier families.

Was it the Heaton segment, or another one...where an interviewee was talking about the fact that police often cover up if they mess up???? Well, maybe law enforcement made errors in reference to Stuart Heaton, and now, to make an admission of such an error would be the ultimate sin.

I think that the officials should have done tests on Heaton's lacerations on his hands, to establish definitively what object caused them. Perhaps the police elected not to, again, because they were wanting to prove the guilt of Heaton. That kind of subjectivity is reprehensible.


I remember the other cases, like the young Mother who was accused of killing her child by antifreeze poisoning...although IMO that case and Stuart Heaton's case are quite different in nature, the only similarity being DNA testing.

I wonder if Stuart Heaton has called his faith into question. Apparently, his religion teaches that faith must be placed entirely in God, but not men. Does anyone know which religion contains this philosophy? I am curious to know.


This case reminds me of the SHAWSHANK REDEMPTION.


I must confess that Stuart Heaton would have to be very very brazen to assert that he is innocent if in fact he did murder that young girl. But I don't think that it is safe to presume that he did not commit the crime just because, on the outside looking in, he appears to be a victim of the legal system, one of those who has slipped through the cracks.

I don't know how I can square this away...I feel that Heaton is the guilty one, yet I do believe that he deserves a new trial.

Why? The evidence was circumstantial.
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Old 06-08-2003, 06:11 PM   #6
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Default Re: Stuart Heaton's saga

Quote:
Originally posted by EyesoftheNile

Was it the Heaton segment, or another one...where an interviewee was talking about the fact that police often cover up if they mess up????
Actually, that comment came from the segment about the 1991 death of journalist Danny Casolaro. In that segment, one of the interviewees said something to the effect of "Police screw up, they cover up. Sad but true." That case was mishandled very badly, and despite the suicide ruling, Casolaro's family believes he was murdered. That case remains unsolved to this day.
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Old 07-01-2003, 12:06 AM   #7
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Default

Quote:
The odds of the semen coming from a white male other than Heaton, according to those tests, were 1 in 31 billion.
I had my doubts about this episode. There was something about Heaton I didn't quite like, but I couldn't spot the band they were talking about either. However, this new DNA evidence seems pretty conclusive to me.
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Old 07-02-2003, 06:51 AM   #8
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Default Re: Stuart Heaton

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Originally posted by EyesoftheNile


EyesoftheNile
O/T, sorry, but EYES!!!!!!!!! How are you?!?
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Old 01-06-2004, 01:11 AM   #9
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So I understand the new DNA did in fact show Heaton was guilty?
Why did the segment tonight not include at least a typed update? This drives me nuts!
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Old 01-06-2004, 02:06 AM   #10
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Hey, I saw tonight's episode too and was curious if his new trial went through. Guess this answers the question.

About segments without necessary updates, they also showed the case of Le-Zhan Williams, the son of a rapper who was abducted and his mother murdered (with their house burned down to cover up the crime) when he wasn't even a month old. I quickly found out that he was found, perfectly healthy, in December of 2002 just a couple of miles from where he was abducted. Three women have since been arrested but I have yet to find any pictures to compare to the police drawings. And of course, no update on UM.
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Old 01-06-2004, 02:00 PM   #11
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Hey thanks. That was another case I was wondering about. Now I try really hard to catch the dates at the beginning of the show and I run to the computer to find out if the cases are solved or any news.

I think UM would be much more relevant and appreciated if they would at least type in an update or do a voice over update.

Makes the show seem so lame and outdated when the cass are solved nd UM is till presenting the case as an UNSOLVED MYSTERY.
DAMN THAT BUGS ME.
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Old 02-12-2004, 08:06 PM   #12
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Default I couldn't have found him guilty...

I expect a lot more than supposition when I am on juries. I have been on several, and have often been the one to either lead to acquital or a hung jury. I am honestly so disillusioned with the ability to reason that seems absent from jury members, so much so that I would probably make the request for the judge to issue the verdict instead.

In this case, based solely on the evidence I've read about the case online (from various sources), I couldn't have issued a conviction. I haven't heard anything compelling.
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Old 02-12-2004, 10:45 PM   #13
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This case was on Lifetime tonight, it was not updated.
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Old 02-15-2004, 02:42 AM   #14
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I had watched the Court TV document of the Stuart Heaton case. I am curious to find out the reasoning why there was no police report made for this particular case! Jim Calvert was the officer that had arrested Stuart Heaton on that night. The video was shot in 2000 for the particular taping to be made...I felt Calvert was very nervous and very hostile about the arrest and the situation. Calvert was a former police officer for our town just a few years ago, personally I know his family. He was a very hot headed tempered man! He looked like he had something to hide! Even the investigators on Court TV had said, Calvert knew something and he wasn't telling the whole story on what he knew. I am thinking maybe (and this is my opinion) he had something to do with this case. It wasn't too awfully long (by just within months) that Calvert went off the deep end and shot and killed his estranged wife and himself in Effingham, IL. Maybe that had nothing to do with this case but if Stuart Heaton had been sitting in jail/prison all this time, I am thinking that maybe since the case was being brought up AGAIN then, maybe James "Jim" Calvert had something to do with it...
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Old 04-04-2004, 06:19 PM   #15
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I would say the guy is guilty.They placed the white truck at the seen,the cuts on his hands,the DNA test.
The guy never took the stand in his defense.He had no credible alibi to place his whereabouts in the time frame in question.I saw the um version some time ago,and just saw the Court tv version last night.The Court tv version was very one sided ,its as if S Heatons attorneys had paid court tv to do it.NOT ONE interview from Krystal Naabs family.The whole thing was just garbage.
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