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July 7, 2014 Motion to Overturn Gary Thibodeau Kidnapping Conviction

July 7, 2014 Motion to Overturn Gary Thibodeau Kidnapping Conviction

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Published by The Post-Standard
Court papers filed in the Heidi Allen case
Court papers filed in the Heidi Allen case

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Published by: The Post-Standard on Jul 30, 2014
Copyright:Traditional Copyright: All rights reserved

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09/20/2014

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1 COUNTY COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO: CRIMINAL TERM THE PEOPLE OF THE STATE OF NEW YORK Plaintiff, -vs- MEMORANDUM OF LAW Indictment No. 94-161 GARY J. THIBODEAU, Defendant.
MEMORANDUM OF LAW
As established in the annexed affirmation of defense counsel, Randi Juda Bianco, Esq., and numerous attached exhibits,
Gary Thibodeau (“Thibodeau” or “defendant”) moves this
Court for an Order, pursuant to New York State Criminal Procedure Law § 440.10(1)(b), (g), (h), vacating the judgment of conviction of defendant, entered on the 7
th
 day of August, 1995, convicting him of Kidnapping in the First Degree, in violation of New York State Penal Law § 135.25 after a jury trial, specifically:
 
1. Because, pursuant to CPL 440.10(1)(g), Gary Thibodeau will likely receive a more favorable verdict if the following newly discovered evidence is introduced at a new trial: (a)
James Steen’s admissions
to Tonya Priest and Megan Shaw in which he confessed to acting together with Roger Breckenridge and Michael Bohrer in abducting Heidi Allen, killing her, and disposing of her body; (b)
Jennifer Wescott’s admission that Heidi Allen was brought to her
house by Steen, Breckenridge, and Bohrer after she was abducted by them, that she helped dispose of the vehicle used to abduct Allen, that she has been reluctant to come forward for fear of reprisal, and that she recently attempted to persuade a witness not to confirm that she lived
 
2 near
Allen’s corpse
 and that she went to
Florida with Breckenridge following Allen’s abduction
; (c) after news reports about the admissions of Steen and Wescott were made public, evidence that a cabin
as described in Steen’s
 confession and located
across the street from Wescott’s
former residence on Rice Road had been recently disturbed after a witness saw two individuals walking around the location and that a cadaver dog subsequently alerted to a particular area in the cabin; (d) evidence that Michael Bohrer threatened to harm
an individual “like he did Heidi
Allen,
 
that he had boasted about his role in Allen’s abduction, and that he Allen’s confidential
informant file was found in the D&W parking lot even though the fact was never made public; (e) admissions by James Steen that he participated in the destruction of a van used to abduct Allen; and (f) suppressed police reports indicating that Allen worked as a drug informant, that she provided information concerning the distribution of drugs, and that her status as an informant was not kept confidential and was known to some members of the public, including Michael Bohrer; and because the fact that Gary Thibodeau is actually innocent offends both the State and Federal Constitutions. 2. Because, pursuant to CPL 440.10(1)(b), (h), the State
obtained Thibodeau’s
conviction through fraud and misrepresentations by intentionally withholding and contradicting at trial the following exculpatory and impeachment material, as defined by
 Brady v. Maryland 
, 373 U.S. 83 (1963), in violation of Art. I, § 6 of the New York State Constitution and the Fifth and Fourteenth Amendments of the United States Constitution: (a) police reports indicating that Heidi Allen worked as a drug informant and that her status as an informant was not kept confidential and was known to some members of the public; (b) police reports identifying the individuals against whom Allen cooperated and the information she provided; (c) police reports establishing why another individual, Dan Barney, who new evidence establishes had a
 
3
connection to Allen’s disappearance, was initially considered a “probable suspect”
 and why suspicion about his involvement was dispelled; (d) reports indicating that Oswego County
Sheriff’s Officers questioned and raided
 the home of Roger Breckenridge; and (e) reports
indicating that Sheriff’s Officers
 interviewed Michael Bohrer, Jennifer Wescott, Roger Breckenridge, and Richard Murtaugh, each of whom have been recently implicated by newly discovered evidence.
POINT ONE NEWLY DISCOVERED EVIDENCE ESTABLISHES GARY
THIBODEAU’S ACTUAL INNOCENCE AND ITS ADMISSION
AT A NEW TRIAL WOULD LIKELY RESULT IN A MORE FAVORABLE VERDICT.
Recently discovered evidence exonerates Gary Thibodeau and squarely places responsibility for Al
len’s abduction on several other individuals.
The newly discovered evidence underlying this motion was first discovered by the
defendant almost 20 years following the jury’s
verdict.
Since James Steen’s
admission that he acted together with Roger Breckenridge and Michael Bohrer to abduct, kill, and dispose of Heidi Allen was first disclosed to Thibodeau in 2013,
an independent investigation has uncovered additional evidence that corroborates Steen’s
admissions and
fully dispels any lingering suspicion connecting Thibodeau to Allen’s abduction.
In light of the overwhelming nature of the exculpatory evidence recently uncovered, this Court
should grant Gary Thibodeau’s motion pursuant to
 CPL 440.10(1)(g) and vacate the judgment.
Furthermore, because the newly discovered evidence firmly establishes Thibodeau’s actual
innocence, this Court should also vacate his conviction as violative of the State and Federal Constitutions. In relevant part, CPL 440.10 provides the following:

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