CA - Craig Coley, 70, gets $21 million settlement for wrongful murder conviction, 23 Feb 2019

[cybervampira]

California man gets $21 million payout for wrongful murder conviction | Daily Mail Online

A California man will receive a $21 million settlement for spending nearly 40 years in prison after he was wrongly convicted of murdering his ex-girlfriend and her four-year-old son.

Craig Richard Coley, who was released from prison in November 2017 at the age of 70, agreed to the huge payout on Saturday.


Coley was convicted of killing his 24-year-old ex-girlfriend Rhonda Wicht and her son Donald at her Simi Valley home in 1978.



After nearly four decades in prison, Coley was finally granted a pardon by then- California Governor Jerry Brown at the end of 2017.

[...]

Police began reviewing his case in 2016 after a retired detective expressed concerns about his conviction and believed Coley was either wrongfully convicted or framed.

The trial judge had ordered evidence destroyed after Coley exhausted his appeals, but investigators retrieved records from Coley's relatives and located biological samples at a private lab.

Using advanced techniques not available at the time of his trial, technicians didn't find Coley's DNA on a key piece of evidence used to convict him.

Instead they found DNA from an unknown man.

Coley also had an alibi for the time of the killings and detectives later disproved sworn testimony from a witness who placed him at Wicht's apartment.



[...]

Simi Valley reaches $21 million settlement with wrongly convicted man, Craig Coley

$21 Million Settlement Reached for Man Wrongly Imprisoned

 

[1&2&3]

So sad! Talk about a man’s life ruined!

All the money in the world can’t replace what he has lost. He looks to be a healthy 70 year old.

Hopefully he can live at least ten years to get a little enjoyment out of life.

 

[GreyClay]

I just posted this in the EAR thread, but it is equally - if not more - relevant here. It is very, very, very debatable that Mr Coley was "wrongfully convicted", IMO.

The facts of the case are as follows:

To summarize:

1. Ms Wicht dumped Mr Coley. He was very upset / depressed by this fact and let many people know this.
2. He went on a all-night bender, drinking with his buddies until 4:30 am
3. Shortly after he leaves his drinking buddies at 4:30 am a heavily intoxicated man causes a ruckus at Ms Wicht's residence, waking the neighbors.
4. At 5:30am Ms Wicht's neighbors see a man who looks like Mr Coley (who they know very well) leaving Ms Wicht's residence.
5. The neighbor's see this very familiar looking man enter a truck that looks exactly like Mr Coley's truck (which they also know and recognize)
6. When police go to Mr Coley's residence to arrest him they find a blood-stained towel and a a t-shirt soaked in blood. They suggest that Mr Coley was wearing the t-shirt when he brutally beat and strangled his ex to death, and then used a towel to clean himself up before attempting to drive home.
7. Police believe 4 year old Donald was murdered as he could identify his mother's killer. Mr Coley was obviously very well known by young Donald.

www.latimes.com/local/lanow/la-me-ln-jerry-brown-pardon-20171122-htmlstory.html

www.vcstar.com/story/news/local/communities/simi-valley/2017/12/02/police-face-challenges-simi-valleys-oldest-unsolved-murder-case/913307001/

www.nytimes.com/2017/11/23/us/jerry-brown-pardon-murder.html


There are only two reasons why Mr Coley was 'cleared' of this murder:

1. Another man's semen was found on an item belonging to Ms Wicht -most likely the blood soaked towel found at Mr Coley's residence.
2. The police and the prosecution knew that Ms Wicht had other male companions - but didn't introduce them as alternate suspects at the trial.


The fact that another man's semen was found (and may actually have been found on the blood-soaked towel at Mr Coley's house!) doesn't mean that Mr Coley didn't kill his ex.

In fact, the evidence that it has been established that Ms Wicht had several other male suitors (once she had ended her relationship with Mr Coley) gives us a perfectly acceptable explanation for why unknown DNA (ie not Mr Coley's sperm) was found.

Just because someone had dubious legal representation and/or an imperfect trial
DOES NOT mean they are not guilty of the crimes they have been changed with, MOO.

 

[cybervampira]

I just posted this in the EAR thread, but it is equally - if not more - relevant here. It is very, very, very debatable that Mr Coley was "wrongfully convicted", IMO.

The facts of the case are as follows:

To summarize:

1. Ms Wicht dumped Mr Coley. He was very upset / depressed by this fact and let many people know this.
2. He went on a all-night bender, drinking with his buddies until 4:30 am
3. Shortly after he leaves his drinking buddies at 4:30 am a heavily intoxicated man causes a ruckus at Ms Wicht's residence, waking the neighbors.
4. At 5:30am Ms Wicht's neighbors see a man who looks like Mr Coley (who they know very well) leaving Ms Wicht's residence.
5. The neighbor's see this very familiar looking man enter a truck that looks exactly like Mr Coley's truck (which they also know and recognize)
6. When police go to Mr Coley's residence to arrest him they find a blood-stained towel and a a t-shirt soaked in blood. They suggest that Mr Coley was wearing the t-shirt when he brutally beat and strangled his ex to death, and then used a towel to clean himself up before attempting to drive home.
7. Police believe 4 year old Donald was murdered as he could identify his mother's killer. Mr Coley was obviously very well known by young Donald.

www.latimes.com/local/lanow/la-me-ln-jerry-brown-pardon-20171122-htmlstory.html

www.vcstar.com/story/news/local/communities/simi-valley/2017/12/02/police-face-challenges-simi-valleys-oldest-unsolved-murder-case/913307001/

www.nytimes.com/2017/11/23/us/jerry-brown-pardon-murder.html


There are only two reasons why Mr Coley was 'cleared' of this murder:

1. Another man's semen was found on an item belonging to Ms Wicht -most likely the blood soaked towel found at Mr Coley's residence.
2. The police and the prosecution knew that Ms Wicht had other male companions - but didn't introduce them as alternate suspects at the trial.


The fact that another man's semen was found (and may actually have been found on the blood-soaked towel at Mr Coley's house!) doesn't mean that Mr Coley didn't kill his ex.

In fact, the evidence that it has been established that Ms Wicht had several other male suitors (once she had ended her relationship with Mr Coley) gives us a perfectly acceptable explanation for why unknown DNA (ie not Mr Coley's sperm) was found.

Just because someone had dubious legal representation and/or an imperfect trial
DOES NOT mean they are not guilty of the crimes they have been changed with, MOO.

If the prosecution did not disclose evidence, that’s on them. Plus, the witness gave a false confession, and Coley had an alibi. Yes, it doesn’t mean he is not guilty but if the evidence doesn’t fit, you have to acquit.

Ventura County cases show how better science exposes flaws in criminal justice system

In Coley’s case, an eyewitness’ observation of what appeared to be his truck leaving the scene of the crime was later debunked.

Misidentification is a leading factor in wrongful convictions, Simpson said.

In Hanline’s case, there was also evidence that should have been disclosed to him during trial. Howeth, the public defender, referenced the failure to provide the defense with that sort of exculpatory evidence as one of the reasons why false convictions occur.

 

[GreyClay]

Thanks cybervampira, but I would disagree with the article you have linked to using the word "debunked"

In Coley’s case, an eyewitness’ observation of what appeared to be his truck leaving the scene of the crime was later debunked.

The witness was the Wichts’ next-door neighbor. She saw a person with medium-length hair in a pickup that looked like Coley’s leave the area about 4:30 a.m. But when the case was reopened, investigators found it would be difficult to identify anyone or anything from her vantage point at that time of day.

Hardly debunked. Just somewhat difficult. And while it might be difficult for her to positively identify an unknown person driving an unfamiliar car, let's not forget she knew Mr Coley and his vehicle very well.

Even if we put aside the neighbor identifying Mr Coley and his vehicle, that doesn't explain how a blood-soaked towel (belonging to Ms Wicht) and t-shirt came to be at Mr Coley's house, the loud commotion erupting at Ms Wicht residence shortly after Mr Coley left his mega drinking binge et cetera.

IMHO it is overwhelmingly likely that CC is guilty of both murders, and it is entirely understandable why a jury of his peers found him guilty of the crime.

 

[CAgma62]

Interesting observation, GreyClay, and I totally agree with you. I tried to elaborate on this but apparently I'm limited on how much I can post. Not sure why that is, but because I'm new? Rhonda was my sister and Donnie my nephew. I would love to further explain why Craig Coley is in fact guilty but I can't until I figure out how to post more.

 

[CAgma62]

If the prosecution did not disclose evidence, that’s on them. Plus, the witness gave a false confession, and Coley had an alibi. Yes, it doesn’t mean he is not guilty but if the evidence doesn’t fit, you have to acquit.

Ventura County cases show how better science exposes flaws in criminal justice system

All evidence was disclosed in this case during the trial back in 1979. I think your comment on re "the witness gave a false confession" you meant testimony, not confession, since there was no confession. But the witness I think you're referring to isn't necessarily what the new case hinged on. I can answer pretty much any question you may have, but I can without a doubt tell you that the media is only telling the public the lies they are being fed. So far in this new case there is nothing that has convinced me nor my family that Craig Coley did not murder Rhonda and Donnie. He was convicted beyond a reasonable doubt by a jury of his peers. This is a huge injustice.

 

[SandyQLS]

The first trial in 1979 resulted in a hung jury mistrial. Coley's conviction was at the 1980 retrial.

Craig Coley has been found factually innocent. His DNA was not found, but rather unknown male DNA. I cannot find the article I read months ago, and I might be misremembering, but I thought that unknown male DNA was found on the macrame rope used to strangle Wicht, and no Coley DNA was found on that macrame.

More:

After spending 38 years in prison for wrongful murder convictions, man wins $21-million settlement

"...The 24-year-old had been strangled with an 11-foot macrame rope...

...A piece of Wicht’s bedsheet the night she was found dead contained another man’s sperm, along with a man’s epithelial cells. Coley’s DNA was not found on the sheet.

Investigators also tested stains, blood and semen on a child’s Mickey Mouse T-shirt that police at the time said they discovered in a pile of dirty clothes during a search of Coley’s apartment after the murders. New tests on the shirt revealed the boy’s DNA, as well as the sperm of several individuals. None of them matched Coley.

Soon after Coley was pardoned, a judge declared him factually innocent. ..."

 

[ColyH]

The presence or lack of presence of DNA should not be what the entire case is based on but it seems like our justice system leans more and more in that direction.

From what I have read this Craig Coley fellow seems guilty to me.

 

[CAgma62]

The first trial in 1979 resulted in a hung jury mistrial. Coley's conviction was at the 1980 retrial.

Craig Coley has been found factually innocent. His DNA was not found, but rather unknown male DNA. I cannot find the article I read months ago, and I might be misremembering, but I thought that unknown male DNA was found on the macrame rope used to strangle Wicht, and no Coley DNA was found on that macrame.

More:

After spending 38 years in prison for wrongful murder convictions, man wins $21-million settlement

"...The 24-year-old had been strangled with an 11-foot macrame rope...

...A piece of Wicht’s bedsheet the night she was found dead contained another man’s sperm, along with a man’s epithelial cells. Coley’s DNA was not found on the sheet.

Investigators also tested stains, blood and semen on a child’s Mickey Mouse T-shirt that police at the time said they discovered in a pile of dirty clothes during a search of Coley’s apartment after the murders. New tests on the shirt revealed the boy’s DNA, as well as the sperm of several individuals. None of them matched Coley.

Soon after Coley was pardoned, a judge declared him factually innocent. ..."

I know all too well how both trials ended. I was a witness in both trials. The first jury was hung, 10-2 I think. I would have to go back and verify that. The second jury that convicted was of course unanimous. If you really want to do the numbers that would be 22 jurors felt he was guilty, 2 did not.

Factually innocent is not the same as innocent. I know Coley’s sperm/DNA was not found anywhere but the presence of sperm does not make one a murderer, it just means there isn’t sperm. There were sperm from three unknown males on a t-shirt of Donnie’s that was found in Craig’s apartment. The original investigation in 1978 believed that t-shirt was used to suffocate Donnie and Craig took that as well a towel with Rhonda’s blood on it home with him after the murder.

If the media printed a story about DNA on the macramé rope then that’s a lie because that rope, along with all the evidence, was court ordered destroyed (a common thing back then). The only items found to test for DNA in present day was a spot of sperm on the sheet and a piece of Donnie’s t-shirt in lab.

With the limited space I have to reply I won’t be able to type as much as I would like, but I can tell you Coley getting out was purely a political move. I know that sounds crazy, but I assure you, a lot of people benefitted from this.

I honestly will be more than happy to answer any questions. I really do appreciate sharing the truth. Rhonda and Donnie may not get justice, but I won’t be silent to this injustice.