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Post by pebbles on Mar 17, 2007 19:09:52 GMT -5
Tyrone Noling ohiodeathrow.blogspot.com/2009/05/tyrone-noling.html_________________________________________________ Hiding In Plain Sight Ohio Supreme Court's decision to let a bad ruling stand keeps public records out of reach of those who need them most Saturday, February 10, 2007 When someone's life is on the line, the state shouldn't be able to squirrel away any secrets. And yet that is exactly what the Ohio Supreme Court does when it allows prosecutors to duck behind the 1994 Steckman decision. That troubling ruling denies some defendants the right to use public records requests to get interrogation transcripts, witness reports and other information about their case. That's true even if you're a death row inmate facing a gurney and a deadly needle. Yet any ordinary citizen can submit a public records request to the county prosecutors and obtain the same material. A prime example of how application of the Steckman decision can go wrong is the case of Tyrone Noling, sentenced to death in 1996 in the killing of a Portage County couple. Now, as reported by The Plain Dealer's Andrea Simakis, Noling is fighting for a new trial based on information in prosecutors' records that indicates police knew of two other possible suspects. Noling's lawyers received the records because The Plain Dealer posted them on its Internet site. That's too circuitous of a route when life and liberty hang in the balance. None of that seems to matter to Ohio's Supreme Court justices, who have not adequately explained their rationale for approving Steckman in 1994. Indeed, logistics seemed more of interest than pertinent questions of fairness. Former Justice Andy Douglas, who wrote the majority opinion, said the criminal justice system was bombarded by public requests from inmates. And the current justices were equally skittish recently about their vote to retain Steckman in December. Only Justice Paul Pfeifer, who was one of two justices who voted against Steckman, disclosed his vote. Both the decision and the court's failure to disclose the votes are troubling. It doesn't take a law degree to see that state prosecutors shouldn't be allowed to hide information that could raise reasonable doubts about a defendant's guilt. The General Assembly should rewrite public records law to overturn this troubling decision. www.tyronenoling.com/Sign his petition at: www.petitiononline.com/TN021607/petition.html
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Post by Vicky Buckwalter on Apr 5, 2007 19:05:55 GMT -5
Dear Pebbles,
Thank you for posting this message about Tyrone's case. I am an investigator and have worked on his case for the past 15 years.
Maybe some day, with help from people like you, he will be released!
Thank you!
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Post by thinkinkmesa on Apr 8, 2007 11:42:36 GMT -5
Hi Vicky, glad to see you made it this way! Our very best to Tyrone! If we all work together...what a force we will become...LOL
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Post by pebbles on Apr 8, 2007 21:45:57 GMT -5
Hi Vicky... thanks for stopping by the forum... and you are welcome for posting this information... I can only hope that the state of Ohio will look at the cases of a number of the guys who are currently on death row and that justice will prevail!! Lets hope that day comes soon! Keep up the great work you are doing
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Post by thinkinkmesa on Jun 24, 2007 0:22:39 GMT -5
www.petitiononline.com/TN021607/petition.htmlSave Tyrone Noling From Execution Petition Excerpt; To: Judge Donald C. Nugent & Judge John A. Enlow We, the undersigned, hereby petition the state and federal courts in Ohio to give Tyrone Noling a full and fair hearing on all the claims and all the evidence he has raised and presented in his post conviction and habeas corpus petitions. We believe that Tyrone is innocent in the deaths of Cora and Bearnhardt Hartig. We believe that Tyrone is innocent because there is no physical evidence connecting him to the deaths of the Hartigs. We believe he is innocent because ballistics tests prove that the gun used to kill the Hartigs was not connected to Tyrone, but that in fact the type of gun used to kill the Hartigs was connected to another suspect. We believe that Tyrone is innocent because the confessions of Tyrone's three co defendants -- whose testimony was used to convict Tyrone -- were coerced and false and have been recanted by all three co defendants in sworn affidavits and in statements to the Cleveland Plain Dealer and Cleveland Scene Magazine. We plead with the state and federal courts in Ohio to give Tyrone Noling a full hearing on all the exculpatory evidence that was withheld from the jury by the prosecution or which his defense failed to present. We do not believe that Tyrone's defense provided him effective assistance at his trial. And we believe that the prosecution fabricated the case against Tyrone by threatening, coercing, and coaching witnesses and by falsifying evidence. Give Tyrone Noling a new and a fair trial! Stop this miscarriage of justice!!!
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Post by thinkinkmesa on Jun 24, 2007 0:24:43 GMT -5
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Post by thinkinkmesa on Jun 26, 2007 10:39:41 GMT -5
Taken from his myspace blog;
OHIO INNOCENCE PROJECT ASSISTING IN MY CASE: Category: News and Politics
Hey Everybody,
Just wanted to let everyone know that Tyrone's legal team has met with the Ohio Innocence Project and they have agreed to assist in his case.
This is a great triumph for Tyrone!! These Projects get so many requests that it is very difficult to get accepted. There must be compelling evidence of innocence.
Please pray for a positive outcome.
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Post by thinkinkmesa on Aug 9, 2009 19:10:19 GMT -5
Tyrone Noling mounts new battle for freedom By Mike Sever Record-Courier staff writer In 1996, Tyrone L. Noling of Alliance was convicted and sentenced to death for the double murder of Bernhardt and Cora Hartig, an elderly Athingyer couple who were slain in 1990. Noling as always said he didn’t kill the Hartigs. He is hoping the Ohio Innocence Project, which has exonerated eight other Ohio inmates, will help prove that. In July, attorneys from Weil, Gotshal and Manges LLP, a Washington, D.C. law firm, published ads in the Record-Courier offering a $1,000 reward to the first person to come forward with information resulting in Noling’s exoneration and release. Noling’s is the first case the three attorneys have done through the Ohio Innocence Project at the University of Cincinnati College of Law. Ralph Miller, a partner in the firm, and associates Stephen Gibbons and Jennifer Wine are working for free. “What we are doing in part is trying to make up for the lack of resources originally,” Gibbons said. The attorneys have spent months combing through hundreds of pages of testimony, interviews and interrogation reports. “Some of these tips we’ve received say they’ve given a statement to police that we’ve never seen,” Miller said. There was no physical evidence linking Noling or three other young men to the crime. They were dropped as suspects early in the investigation, but Prosecutor David Norris reopened the investigation five years later. Noling’s three friends implicated him, but all three recanted their confessions. One, Gary St. Clair, reversed his story during Noling’s trial. St. Clair pleaded guilty to the slayings in 1993 and is serving a 20-year to life prison sentence. Noling was found guilty of two counts of aggravated murder and aggravated robbery and one count of aggravated burglary in January 1996. He has lost several court appeals. He is on death row at the Ohio State Penitentiary near Columbus. The ads have resulted in “some very helpful stuff,” said Miller. The ads have spurred calls “and a couple of nice leads to follow up on,” he said. Response to the ads falls in two camps, he said — people who offer leads, and people who are still interested in the case and “want to know who the true perpetrators” of the murders are. “We have no dispute with the people of Portage County who investigated this,” Miller said. “We’re trying to protect the people of the community. This was a horrible double murder. If (the real killer) is still out there, they need to be found.” The Hartigs were killed the afternoon of April 5, 1990 inside the kitchen of their modest, three-bedroom home on Moff Road. Mr. Hartig suffered three gunshot wounds — two to his chest and one to his shoulder. Mrs. Hartig was shot five times in her face, chest, back and arm. Their bodies weren’t found until a neighbor’s son went to check on them after his parents noted Mr. Hartig’s lawn tractor had sat out in the weather for two days — something that never happened before. “It seems people in Portage County have very long memories and believe what we believe, that something is not right in this case,” Miller said. A .25-caliber handgun Noling had stolen in a robbery days before in Alliance was proved not to be the murder weapon, which was never recovered. “If that gun could be found it could be matched” to the bullets and shells from the scene, Miller said. Investigating a murder now nearly 20 years old is difficult. Possible witnesses and suspects have died, memories fade. But also may be an advantage. People may have known something but not spoken up because they wanted to protect them. The situation may have changed. Somebody may have told someone about it; that they know who did it. Someone may have found a gun in an estate sale, Miller said. “We feel the answer to this does lie with the public,” Wine said. “We’re not trying to get anybody convicted or prove who did it. We’re just trying to prevent a double murder from becoming a triple murder,” with Noling’s execution, Gibbons, said. “Killing an innocent person just diminishes the entire justice system,” Miller said. Information on the case may be sent to the attorneys by e-mail at NolingTips@weil.com or by phone to 866-995-3159. — E-mail: msever@recordpub.com Phone: 330 298-1125 www.recordpub.com/news/article/4644274
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Post by thinkinkmesa on Oct 19, 2009 15:43:14 GMT -5
Convict believes truth can win him freedom Tyrone Noling sits in prison knowing his claims of innocence are worthless. But he believes the facts of the case are on his side, and some important lawyers are working to prove him right. Tyrone Noling understands why people don't believe him. He's an inmate on death row. The worst of the worst, convicted of shooting to death an elderly couple during a robbery nearly 20 years ago in Portage County. His claims of innocence mean nothing. But the facts of the case? Those mean everything to him. They keep him hopeful that one day he will walk free. To read more;www.ohio.com/news/top_stories/59965697.html
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Post by thinkinkmesa on Aug 7, 2010 0:16:24 GMT -5
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Post by thinkinkmesa on Feb 23, 2011 0:09:11 GMT -5
New assertion in 1990 murder of Portage County couple contradicts conviction of accused killer Tyrone Noling Nathan Chesley went to the Portage County courthouse Friday to put his hand on a Bible and swear that it was his one-time foster brother who murdered an elderly couple 20 years ago -- not Tyrone Noling, the man sitting on death row for the killings. "I never met Tyrone -- I don't know nothing about him," Chesley said as he waited in the hallway outside the courtroom of Common Pleas Judge John Enlow. "But I do know that Dan killed the Hartigs -- there is no question." Dan is Daniel Wilson, executed by Ohio in 2009 for an entirely different crime -- locking a young woman in a trunk, then burning her alive. Local newspapers reported that police investigating the execution-style murder of Bearnhardt and Cora Hartig, shot at close range while sitting at their kitchen table in Athingyer Township in April 1990, had looked at Wilson as the possible triggerman. He lived near the victims in a foster home and had a juvenile record of violence against the elderly. But he was dropped as a suspect. Chesley now says that was a horrible mistake because his foster brother told him he had killed the Hartigs. Chesley never got the chance to testify. Enlow limited the scope of the arguments to two documents that Noling's defense team says the prosecution never turned over: a handwritten police report capturing the words of a young Chesley naming his foster brother as the killer, and a lab report suggesting that Wilson might have smoked a cigarette left in the driveway to the Hartigs' ranch house, the only physical evidence in the case. Noling's lawyers say that they discovered those documents only after asking for the records of his two co-defendants and that Noling deserves a new trial. But Portage County prosecutors say those records were available to the court-appointed lawyers who represented Noling during his trial in 1996. George Keith, one of Noling's trial attorneys, testified that he didn't think he'd ever seen Chesley's statement implicating his violent foster brother. Keith said that if he and his co-counsel had seen such an incendiary statement, "it would have become paramount to our investigation . . . paramount to our defense of Mr. Noling. We would have called the person who said [his] brother did it and then the brother." Keith also said he had "no recollection" of seeing the lab report that showed a possible DNA link between Wilson and the cigarette butt from the crime scene. The DNA evidence did not match Noling and his co-defendants. Only further testing can reveal whether Wilson is an exact match, tests prosecutors have declined to conduct despite appeals from former Gov. Ted Strickland and former Attorney General Richard Cordray. Assistant Prosecuting Attorney Pamela Holder said not only did Noling's lawyers see all the evidence against their client, but also Wilson's name was part of the public record. They could have learned about him "just by reading the papers." Noling's lawyers responded that it is the state's burden to provide all relevant information to the defense team, not the job of the media. Additionally, none of the news reports mentioned the words of Wilson's foster brother or the results of the lab tests. After three hours of argument and testimony, Enlow said he would issue a written ruling. Noling, in the courtroom in government-issued orange-and-white stripes, was a teenager when the Hartigs were murdered. He will turn 39 in March. Convicted in 1996, he has maintained his innocence for more than two decades. Moreblog.cleveland.com/metro/2011/02/new_assertion_in_1990_murder_o.html
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Post by thinkinkmesa on Apr 2, 2011 23:57:34 GMT -5
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Post by thinkinkmesa on Jun 30, 2011 22:55:19 GMT -5
Judges worry, but affirm death sentence of Tyrone Noling Though two federal judges described his case as "worrisome" and questioned whether the state would be killing an innocent man, the 6th U.S. Circuit Court of Appeals decided to let Tyrone Noling's 1996 death sentence stand. More; blog.cleveland.com/metro/2011/06/judges_worry_but_affirm_death.html
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Post by thinkinkmesa on Jan 31, 2012 10:59:42 GMT -5
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Post by thinkinkmesa on Oct 15, 2012 20:46:43 GMT -5
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Post by thinkinkmesa on Jan 6, 2013 14:27:58 GMT -5
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Post by thinkinkmesa on Jan 10, 2013 10:52:28 GMT -5
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Post by guest on Jan 21, 2013 7:17:01 GMT -5
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Post by thinkinkmesa on Jan 26, 2013 14:47:42 GMT -5
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Post by guest on May 3, 2013 19:01:16 GMT -5
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Post by thinkinkmesa on May 4, 2013 11:15:35 GMT -5
Thanks for posting a link to that "good news" article as it hadn't come up in my news feed alerts.
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Post by thinkinkmesa on May 4, 2013 11:16:53 GMT -5
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Post by thinkinkmesa on May 4, 2013 11:21:15 GMT -5
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Post by guest on Dec 20, 2013 4:50:41 GMT -5
Thursday morning Common Pleas Judge John Enlow ordered DNA testing on potentionally decisive crime scene evidence for Tyrone.
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Post by thinkinkmesa on Jan 2, 2014 23:52:24 GMT -5
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Post by thinkinkmesa on Oct 13, 2015 20:00:50 GMT -5
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Post by thinkinkmesa on Apr 21, 2016 22:20:45 GMT -5
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Post by thinkinkmesa on May 30, 2016 22:27:41 GMT -5
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Post by thinkinkmesa on Jun 2, 2016 22:52:01 GMT -5
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Post by thinkinkmesa on Dec 21, 2016 13:34:48 GMT -5
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