Appeals court reinstates 1976 Tucson murder case
A Tennessee man accused of killing a Tucson teenager 35 years ago may end up going to trial afterall because the Arizona Court of Appeals has reversed a lower courts decision to dismiss the case.
David Droegemeier, 61, was indicted on a first-degree murder charge in 2009 in the May 1976 beating death of Joseph Greenwalt, 19.
However, Pima County Superior Court Judge Richard Fields dismissed the case last September because so much of the evidence in the case had been destroyed and many witnesses and other potential suspects are dead.
Although there was no evidence of bad faith, the state acted with reckless disregard at the very least or gross negligence at the most by destroying the evidence, Fields ruled.
http://azstarnet.com/news/local/crime/article_48d82dee-ce71-11e0-bcbd-001cc4c03286.html
Appeal link below
http://www.leagle.com/xmlResult.aspx?xmldoc=In AZCO 20110819017.xml&docbase=CSLWAR3-2007-CURR
A Tennessee man accused of killing a Tucson teenager 35 years ago may end up going to trial afterall because the Arizona Court of Appeals has reversed a lower courts decision to dismiss the case.
David Droegemeier, 61, was indicted on a first-degree murder charge in 2009 in the May 1976 beating death of Joseph Greenwalt, 19.
However, Pima County Superior Court Judge Richard Fields dismissed the case last September because so much of the evidence in the case had been destroyed and many witnesses and other potential suspects are dead.
Although there was no evidence of bad faith, the state acted with reckless disregard at the very least or gross negligence at the most by destroying the evidence, Fields ruled.
http://azstarnet.com/news/local/crime/article_48d82dee-ce71-11e0-bcbd-001cc4c03286.html
Appeal link below
http://www.leagle.com/xmlResult.aspx?xmldoc=In AZCO 20110819017.xml&docbase=CSLWAR3-2007-CURR
