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
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
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: