Condemned Man Sues Over Evidence
A Death Row inmate convicted of killing a 12-year-old girl in Cleveland National Forest has filed a lawsuit against Orange County Sheriff Brad Gates seeking previously undisclosed documents in his case, his attorney said Thursday.
Thomas Francis Edwards’ appellate attorney contends that evidence that might have cleared his client was withheld from the defense during the trial.
Attorney Joseph Schlesinger, who filed the lawsuit under the California Public Records Act, declined to elaborate on what the evidence might be.
Edwards was convicted in 1986 of shooting Vanessa Iberri between the eyes, and wounding her best friend Kelly Cartier, 12, while the girls were on a supervised, overnight camping trip in 1983.
The lawsuit filed Wednesday alleges that Gates declined to provide records that were requested by Edward’s appellate attorney.
Also named as defendants were: Orange County Dist. Atty. Michael R. Capizzi, County Counsel Terry C. Andrus, and Orange County. Gates, Capizzi and Andrus could not be reached for comment late Thursday.
Edwards, whose death sentence was upheld by the state Supreme Court last November, remains in San Quentin State Prison awaiting his execution. Schlesinger said he plans to appeal to the U.S. Supreme Court.
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