John was convicted by a manufactured
that stemmed from domestic violence complaints,
by a Cuyahoga County Social Worker.
His daughter was coerced to lie against him.
Proof of Innocence
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Trial and Error
Judge McGinty's enemies try to bring him down, one appeal at a time.
By Denise Grollmus
But last year, Peters was granted a rare hearing for a retrial. Defense lawyers had found compelling evidence that McGinty, who prosecuted the case, had hidden evidence helpful to Peters. See Cleveland Scene Magazine Article.
Entry Denying Motion, Ignoring the Facts
During the two days of evidentiary hearings in November last year we heard startling testimony revealing how exculpatory evidence was withheld from defense counsel by then prosecutor Timothy McGinty.
We also witnessed the Honorable Judge McGinty attempt to deceive the court by filing a fraudulent document as legitimate, but he was exposed.
Judge Interlied's judgment is surprisingly void of these facts.
|01/06/06 Defendant's Reply to State's Post Hearing Brief|
|12/09/05 Defendant's Post Hearing Brief|
|Friedman Confronts Judge Timothy
McGinty Attempts to Deceive Court Again
Former Prosecutor Comes Up Short on Answers and Documents
Hearings Begin With a Strong Start
Hear Arguments on New Evidence
Motion for New Trial Reveals Recantation Documents Withheld
Judge Stuart A. Friedman recused himself from this case after granting leave on April 13, 2005, because Cuyahoga Judge Timothy J. McGinty was the prosecutor at the 1988 trial.
The new evidence in this case stems from documents recovered by a private investigator, which indicate that State officials knew of John's daughter's recantation before the trial, but refused to disclose them to the defense as required by law.
The State's theory rested on the testimony of CFS worker Vera Perkins-Hughes, who denied that the child had recanted her story, and was found to be in possession of some exculpatory materials which had been withheld, during cross examination at the original trial.
Records show that allegations of abuse were first suggested by the social worker during private interviews, but never confirmed by other investigating agencies, and actually denied by the 8 year-old in several interviews before and after the trial.
After 17 years in prison, Peters hopes the court will see how the prosecutor's hidden documents would have made a difference at his trial, if the jury had known the truth about the conflicting statements.
The Cuyahoga County Prosecutors Office continues to try to prevent all attempts to discover the remaining contents of police and CFS files created during the investigation, but was recently denied their Motion to Quash the Subpoena for the documents on October 28th.
Trial transcripts reveal that ninety percent of McGinty's presentation to the jury was a character assassination condemning Peters' reckless lifestyle, which was not part of the indictments.
Peters has always maintained his innocence from the beginning. Through his attorney, Ian N. Friedman, John Peters cites seven verifiable recantations where his daughter has denied that he ever abused her, in his Reply to the State's Brief in Opposition, filed July 8, 2005.
©2005 IIAO Inc.
|7/08/05 Defendant's Reply to State's Brief in Opposition|
|8/27/03 Motion For New Trial|
daughter has completely recanted
her testimony which originally convicted him,
and admits that she lied at trial.
Prosecutors Withheld Exculpatory Documents.
|Affidavits||Parole Board results Oct. 98|
|Letter from Barbara Marlowe||Letter from Judge Oct. 99|
|Letter from Judge March 98||Post Conviction Motions 2000|
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