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following the hearing, joe felt good about his chances of getting a new trial. but the decision would not come quickly. two years. judge o malley took two years to rule. finally, in march 2006, the judge released her decision. she overturned my case. she granted me my retrial. what i wanted all along. i wanted my day in court. she said, look, no reasonable jury would have convicted him if it had heard this evidence. when that ruling finally comes out, i mean, such elation. and you know, the culmination of 15 years of pleading and searching for the truth. because joe always said, the evidence will prove that i didn t kill anthony klann. carmen marino, who retired in 2002, strongly disagreed with the decision. disappointment.
i d summarize it as cheating to win. get a conviction at all costs seemed to be the approach. and let the truth fall where it may. in fact, in the tony klann murder case, marino was cited by the ohio supreme court for prosecutorial misconduct in the trial of joe s co-defendant, mike keenan. i gave a good closing argument. and i ended by taking this big bowie knife and stabbing it in the evidence desk. that s the prosecutorial misconduct that was alleged. and my argument was, you re criticizing me for stabbing this knife in the desk when that was the knife that slashed this kid s throat when they murdered him. i said you think that s the balance that should overturn the case? well, it was. because of marino s antics, mike keenan received a new trial. but once again he was convicted and received a death sentence.
i think it was an older couple said they heard someone say, let s dump the body in the basement. joe and his lawyers believed that at the very least the withheld evidence provided reasonable doubt the crime could have happened differently than the state presented at trial. in july 2004, joe s team went before judge o malley to obtain a new trial. we put up all our witnesses. the newly discovered people, the newly discovered evidence. by far the most powerful witness at the hearing was chris longenecker, stoney lewis alleged rape victim, who had been found living in florida. neil convinced chris that his testimony could save joe s life. i wasn t able to do anything for tony because and so i figured, if i could help someone
keenan and joe d ambrosio with aggravated murder. each would face the death penalty. joe s court-appointed lawyer convinced him to waive his right to a jury trial. i haven t a clue of the law. so whatever they said, i did. the prosecution was handled by a tough veteran litigator named carmen marino. on this case from my standpoint it was a job well done by the police officers. they investigated a good case and brought in good witnesses. there was nothing in this case that i had to do that the police didn t already do. and that s rare. at trial, the state s case hinged on eddie espinoza s eyewitness account of the murder and the testimony of stoney lewis. to defend himself, joe took the stand. but his only alibi was that he was home alone sleeping. the prosecutor just tore me apart. you know.