NY NY - Heidi Allen, 18, New Haven, 3 April 1994

[kat913]

Amazing story!! How all of this has happened because an index card (with her picture) dropped! So many people have talked and they still adamantly believe they have the right guy imprisoned? Scary pair those brothers and their intentions towards women (at least MB for sure). Certainly must have done these other times. Wouldn't that fact be enough to try to connect some other dots? I sure am glad there are advocates pushing forward for all the truth!

 

[Murkywaters]

http://www.syracuse.com/crime/index...led_heidi_allen_investigation_to_cover_u.html

Thibodeau appeal: Sheriff's office steered Heidi Allen case to cover own wrongdoing

Lisa Peebles, a lawyer for one of the brothers, Gary Thibodeau, made the accusation in a 114-page brief she filed Tuesday with a state appeals court. She asked the Appellate Division of state Supreme Court to overturn acting Oswego County Judge Daniel King's decision in March to not grant Thibodeau a new trial.

Thibodeau contends he deserves a new trial based on new evidence that surfaced over the past three years, and because prosecutors withheld evidence that would've benefited him at his 1995 trial.

Thibodeau, 62, was the only person convicted of kidnapping Allen, 18, from her job at the D&W Convenience store in New Haven on April 3, 1994, and presumably killing her. His brother, Richard Thibodeau, was acquitted in a separate trial. They were accused of acting together. Allen's body has never been found. Gary Thibodeau's serving 25 years to life in prison.

 

[Murkywaters]

http://www.syracuse.com/crime/index...friend_about_working_as_a_drug_informant.html

New light shed on a mystery in 1994 Heidi Allen kidnapping

OSWEGO, N.Y. – It's been one of the big mysteries in the 1994 kidnapping of Heidi Allen over the past two years.

Was she actively working as a confidential informant for the Oswego County Sheriff's Office before she was abducted and presumably killed?

The official word from the police: No. Deputies only signed her up but never used her, they said.

A judge initially said it was undisputed -- Allen was an informant. Four months later, he reversed himself without explanation and agreed with the sheriff's office – she was no informant.

But at least four people have offered proof to the contrary.

 

[Murkywaters]

http://www.syracuse.com/crime/index...s_he_awaits_appeal_in_1994_heidi_allen_k.html

Thibodeau moved to Central NY prison as he awaits appeal in Heidi Allen kidnapping

Peebles said prison officials did not tell her or Thibodeau why they transferred him.

Prison officials did not provide Syracuse.com with an immediate explanation for the move.

Thibodeau, 63, had been unable to walk to the showers at Clinton, and had trouble walking to the cafeteria, Barlow said. He suffered two broken ankles in a fall sometime before he was imprisoned in 1995, and has metal plates in his feet.

Thibodeau lost a lung in the 21 years he's been in prison, his family has said.

"This is excellent news," Barlow said of the transfer to Cayuga.

 

[Murkywaters]

http://www.syracuse.com/crime/index...llen_appeal_arguments_set_for_next_month.html

Arguments set for next month in Heidi Allen appeal as Oswego County DA files response

ROCHESTER, N.Y. -- The Oswego County district attorney has asked an appeals court to let Gary Thibodeau's conviction stand in the 1994 kidnapping of Heidi Allen. District Attorney Greg Oakes this week filed a 70-page response with the Appellate Division of state Supreme Court, saying the court should uphold acting Oswego County Judge Daniel King's decision to not grant Thibodeau a new trial.

Thibodeau's lawyer, Lisa Peebles, contends his conviction should be overturned based on newly discovered evidence implicating three other men and a claim that prosecutors withheld evidence from his trial lawyer, Joseph Fahey.

 

[Peachpit115]

Richard is my friend's father. I believe he had nothing to do with this. Especially since new suspects have come to light. Gary has filed an appeal on the federal level. He has always maintained his innocence as well.

 

[pinkcuppies]

Richard is my friend's father. I believe he had nothing to do with this. Especially since new suspects have come to light. Gary has filed an appeal on the federal level. He has always maintained his innocence as well.

I believe you. Heidi was my sister and I's babysitter Heidi was my babysitter up until her disappearance. I believe we saw her the day before she disappeared but I am not certain, I was young.I often visited her at work as well, where she would buy me a candy bar or soda. I loved her and my whole family did. My father recalls her being upset a couple weeks before her disappearance, he reported that to the police too. I dont buy for one minute that it was either of them, and I believe Gary is innocent. I have followed this case since I was a little kid, my family occasionally checked in with Heidi's mom and sister to see if there was any news for years (before the internet). I know they believed it but it never sat well with me or my family. I really think that it wasnt random and it was planned by a bad group of people. I hope that Gary is freed even though it looks like he is in very poor health, they wasted 20 years on a man that a lot of people think is innocent.

 

[Murkywaters]

http://cnycentral.com/news/local/fa...ng-will-not-attend-heidi-allen-appeal-hearing

Family says Gary Thibodeau's health is failing, can not attend Heidi Allen appeal hearing

Gary Thibodeau is barely recognizable as the man who sat with a shocked expression on his face 22 years earlier when he was convicted of kidnapping Heidi Allen. When CNYCentral talked to him last year in Dannemora State prison, Thibodeau said his health is deteriorating.

"I still don't think I will see the end of it," said Gary Thibodeau at the time. Only one of Thibodeau's lungs is functioning and now his family says his health has taken a turn for the worse. Richard Thibodeau says his brother needs to be moved from Cayuga Correctional in Moravia to a facility better equipped to handle his medical care. "His mind is there, but his body... He hasn't got the strength he used to have," said Richard. Gary Thibodeau now has trouble walking more than a few feet without gasping for air and may need a wheelchair. For more than 20 years he has maintained his innocence and says he had nothing to do with Heidi Allen's disappearance from the gas station where she worked. Gary and Richard Thibodeau were charged with kidnapping her, but Richard was acquitted by a separate jury.

 

[JusticeWillBeServed]

Judges grill lawyers in Thibodeau appeal for new trial in Heidi Allen kidnapping

http://www.syracuse.com/crime/index.ssf/2017/02/judges_grill_lawyers_in_thibodeau_appeal_for_new_trial_in_heidi_allen_kidnapping.html

A four-judge panel asked about two dozen questions today of lawyers on both sides of Gary Thibodeau's appeal of his conviction in the 1994 kidnapping of Heidi Allen.

One of the Appellate Division judges, John Centra of Syracuse, asked most of the questions of Thibodeau's lawyer, Lisa Peebles, and Oswego County District Attorney Greg Oakes during the half-hour argument.

"Doesn't this court have the discretion to order a new trial if we find a grave risk that an innocent man has been convicted?" Centra asked Oakes.

Oakes said that it did, but pointed out that the same appeals court upheld Thibodeau's conviction in 1999, citing overwhelming evidence of his guilt. Acting Oswego County Judge Daniel King carefully evaluated the evidence at a hearing in 2015 and denied Thibodeau's request for a new trial, Oakes said.

One of the five judges hearing cases today, Brian DeJoseph of Syracuse, recused himself from the case. That means only four judges will decide the case. If there's a tie, the case would have to be reargued, Oakes said.

A decision isn't expected for six to eight weeks, although the court has issued its decisions sooner in some cases.

 

[Tarik]

They've already destroyed his life completely so even if he gets out he will never be the same again and who knows if Heidi's remains will ever be found. I do however believe that someone out there who isn't in prison knows EXACTLY where she is.

 

[Murkywaters]

http://www.syracuse.com/crime/index...ss_statements_inadmissible_implicating_3.html
Appeals court in Heidi Allen case: Witness statements inadmissible implicating 3 others

Those three judges -- Gerald Whalen, Erin Peradotto and Henry Scudder -- upheld Thibodeau's 1995 kidnapping conviction.

Another judge, Justice John Centra of Syracuse, disagreed about the new evidence implicating the three men who've never been charged. Centra found that Thibodeau should get a new trial.

Centra's written dissent is 15 pages long. The majority's opinion is 6 1/2 pages. All four judges rejected Thibodeau's claim that prosecutors withheld evidence before his trial that would've benefited him. That evidence included Allen's status as a confidential informant for police. The court found 3-1 that Thibodeau didn't deserve a new trial based on newly discovered evidence implicating three other men in Allen's kidnapping.

 

[J.M. Bee]

I just watched the Dateline episode on this case, and it is obvious that this was a terrible miscarriage of justice. The police and DA clearly know this, but they are covering up for the terrible work they did back when Heidi disappeared. They had nothing against Gary Thibodeau except for a couple of unreliable jail-house snitch reports. In contrast, there is plenty of evidence against the three men who have come to light more recently. I hope that the higher court grants a new trial, and I hope that those guilty of the crime --- and those responsible for the miscarriage of justice --- are eventually punished.

 

[Murkywaters]

http://cnycentral.com/news/local/thibodeau-appeal-to-be-heard-by-state-court-of-appeals

Thibodeau case to be heard by state Court of Appeals

SYRACUSE, N.Y. — The attorney representing Gary Thibodeau, the man convicted in the 1994 kidnapping of Heidi Allen, says he will have his case to overturn that conviction heard by New York's Court of Appeals.

Lisa Peebles confirmed that she was notified Friday that the case is able to move forward, however a date for the case to be heard has not been set.

The Court of Appeals will hear the same appeal of Oswego County Judge Daniel King's decision in 2016 to deny Thibodeau a new trial that was heard by the Appellate Division of the state Supreme Court earlier this year. On a 3-1 decision, the appellate court upheld Gary Thibodeau’s conviction in June.

Thibodeau is the only man to be convicted in the disappearance of Heidi Allen, but asked for a new trial based on evidence of possible new suspects and new eyewitness testimony in the case.

 

[gogrannypop]

Heidi Allen, Garrett Phillips mysteries: Pair of Upstate NY cases featured on TV series

http://www.syracuse.com/crime/index...cases_featured_on_tv_s.html#incart_river_home

Two prominent murder mysteries from Upstate New York will be featured this fall on the true-crime TV series "Deadline: Crime with Tamron Hall."

 

[Murkywaters]

Heidi Allen, Garrett Phillips mysteries: Pair of Upstate NY cases featured on TV series

http://www.syracuse.com/crime/index...cases_featured_on_tv_s.html#incart_river_home

Two prominent murder mysteries from Upstate New York will be featured this fall on the true-crime TV series "Deadline: Crime with Tamron Hall."

Apparently the DA and the Sheriff Todd refused to be interviewed for this program. They know they did this man wrong. I believe justice will be served for Heidi and Gary one day.

 

[Murkywaters]

http://www.syracuse.com/crime/index..._before_high_court_in_heidi_allen_appeal.html
'Skin-and-bones' Gary Thibodeau gets date before high court in Heidi Allen appeal

Thibodeau will have to hang on long enough not only for the arguments, but for a decision, which could come months later. If Thibodeau dies during the process, the court will drop the case, Peebles said.

Arguments before the high court will focus less on the actual evidence and more on whether the law was applied correctly by the lower courts.

 

[Murkywaters]

http://www.syracuse.com/news/index....olygraph_what_was_richard_thibodeau_aske.html

Richard Thibodeau and Tonya Preist both took Polygraphs on The Steve Wilkos Show last week. They both passed.

Q: Did you participate in any way in Heidi Allen's disappearance?

A: No.

Result: No deception indicated

Q: Did your brother Gary participate with you in any way in Heidi Allen's disappearance?

A: No.

Result: No deception indicated

Q: Do you know where Heidi Allen is now?

A: No

Result: No deception indicated

 

[Murkywaters]

http://cnycentral.com/news/local/heidi-allens-case-goes-to-nys-highest-court

Gary Thibodeau will go in front of New York's highest court on Thursday. I hope truth, honesty and justice prevails. Heidi never received justice because no one ever looked for her killers.

 

[JerseyGirl]

The state's highest court narrowly rejected Gary Thibodeau's last-chance appeal for a new trial in the 1994 kidnapping of Heidi Allen.

The 4-3 decision was announced at 9 a.m. in a 41-page decision.

Thibodeau, 63, is in poor health and it's not clear if he will survive a possible further appeal to federal court. He is serving 25 years to life in prison for 18-year-old Allen's kidnapping from an Oswego County convenience store Easter morning.

The state Court of Appeals majority ruled today that a local visiting judge, Daniel King, did not abuse his discretion by ruling that newly discovered evidence pointing to three other possible suspects was not credible.

The court also ruled that incriminating statements allegedly made by the three other men -- James Steen, Roger Breckenridge and Michael Bohrer -- were hearsay and would not be allowed at trial. (Hearsay is what the men allegedly told other people.)

Divided NY high court rejects Gary Thibodeau's appeal for new Heidi Allen trial

 

[Murkywaters]

What a travesty of justice.