Prosecutor begins Foley appeal

Prosecutor begins Foley appeal

There are 22 comments on the The Enquirer story from Mar 27, 2010, titled Prosecutor begins Foley appeal. In it, The Enquirer reports that:

COLDWATER -- Branch County's prosecutor said Friday she has begun the process of appealing a judge's decision to grant Thomas Foley a new trial.

Join the discussion below, or Read more at The Enquirer.

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j arthur

Syracuse, NY

#1 Mar 30, 2010
looks like terri noriss and marla where really wrong on the foley case. he now looks like not guilty. and the real murder is out there running around free. lets find out who the real killer is.
off

Coldwater, MI

#2 Mar 30, 2010
I don't know if he is guilty or not but I do believe they were in a rush to convict because they still don't have a clue on the skate ranch murder and no other ideas on this one.
mee

Quincy, MI

#3 Mar 30, 2010
j arthur wrote:
looks like terri noriss and marla where really wrong on the foley case. he now looks like not guilty. and the real murder is out there running around free. lets find out who the real killer is.
well first , lets work on your spelling, and your grammar then we will talk to you.
off

Coldwater, MI

#4 Mar 31, 2010
If proper spelling, grammar and punctuation were required to have an opinion your statement with no capitalization and unnecessary and improper commas would disqualify you. Maybe we should just concern ourselves with the point of the post rather than the petty stuff and let everyone comment.
Mee

Quincy, MI

#5 Mar 31, 2010
Ok, I thought I would send you a quick message,I guess you are so stupid you want to correct me.I hate wasting my time on here with people like you.Com e up with something better.
Ralff

Coldwater, MI

#6 Oct 24, 2010
Is this thing going anywhere or is the system trying to avoid further embarrassment and leave it on a shelf?
Ralff

Coldwater, MI

#7 Jan 28, 2011
Tom won again. He will get his new trail.
concerned

Battle Creek, MI

#8 Jan 29, 2011
Ralff wrote:
Tom won again. He will get his new trail.
Tom won? Where does that leave DeeDee? She lost again? Amazing how the guilty "win"
Ralff

Coldwater, MI

#9 Jan 30, 2011
If you believe in our system he has not been proven guilty as the conviction was thrown out. That leaves innocent until proven guilty and only a new trial will tell if he is.
concerned

Battle Creek, MI

#10 Jan 30, 2011
The conviction was not thrown out. You still do not get the point if he is not guilty and loved his wife why are they trying to prove his innocence and not finding the real killer???
Ralff

Coldwater, MI

#11 Jan 30, 2011
concerned wrote:
The conviction was not thrown out. You still do not get the point if he is not guilty and loved his wife why are they trying to prove his innocence and not finding the real killer???
Yes, the conviction was over turned.
Ralff

Coldwater, MI

#12 Jan 30, 2011
Sindt, who was assigned to preside over the trial when a Branch County judge recused himself, said the witnesses were newly discovered and there is a reasonable likelihood that Foley would have been acquitted if they testified.

Prosecutors argued the testimony would simply be cumulative to that from the man who testified.
But the appeals court said they agreed with Sindt that the evidence was new and not cumulative.
The judges wrote that because the case against Foley was circumstantial and that the new evidence bolstered the defense theory of an intruder "we cannot disagree with the trial court's determination that the new evidence would make a different result probable on retrial. The trial court's decision was rationally based on an evaluation of weight and strength of the competing evidence and the parties competing theories, and as such reflects a reasonable and principled outcome."
http://www.battlecreekenquirer.com/article/20...
mee

Quincy, MI

#13 Jan 30, 2011
Ralff wrote:
Sindt, who was assigned to preside over the trial when a Branch County judge recused himself, said the witnesses were newly discovered and there is a reasonable likelihood that Foley would have been acquitted if they testified.
Prosecutors argued the testimony would simply be cumulative to that from the man who testified.
But the appeals court said they agreed with Sindt that the evidence was new and not cumulative.
The judges wrote that because the case against Foley was circumstantial and that the new evidence bolstered the defense theory of an intruder "we cannot disagree with the trial court's determination that the new evidence would make a different result probable on retrial. The trial court's decision was rationally based on an evaluation of weight and strength of the competing evidence and the parties competing theories, and as such reflects a reasonable and principled outcome."
http://www.battlecreekenquirer.com/article/20...
so ralff it looks like you finally learned how to copy and paste.......one word...GUILTY.
no name

Coldwater, MI

#14 Jan 30, 2011
he will be a free man in a year even if he did it with this new trial
Ralff

Coldwater, MI

#15 Feb 1, 2011
no name wrote:
he will be a free man in a year even if he did it with this new trial
Why do you say that?
staged or really true

West Palm Beach, FL

#16 Feb 1, 2011
j arthur wrote:
looks like terri noriss and marla where really wrong on the foley case. he now looks like not guilty. and the real murder is out there running around free. lets find out who the real killer is.
he's guilty please, have you been following this case.
Ralff

Coldwater, MI

#17 Feb 1, 2011
mee wrote:
<quoted text>so ralff it looks like you finally learned how to copy and paste.......one word...GUILTY.
I see you still haven't learned to capitalize the first letter of the first word in a sentence. Does it bother you to be stupid or don't you realize that you are?
staged or really true

West Palm Beach, FL

#18 Feb 1, 2011
Ralff wrote:
<quoted text>
Yes, the conviction was over turned.
the conviction was not overturned fool. he gets a new trial until then he sits in jail and a new juror decides unless sumpremem court says no new trial.
Ralff

Coldwater, MI

#19 Feb 1, 2011
staged or really true wrote:
<quoted text>
the conviction was not overturned fool. he gets a new trial until then he sits in jail and a new juror decides unless sumpremem court says no new trial.
The conviction WAS thrown out.

He is still accused of the crime as he was not declared "not guilty" but it his conviction was deemed invalid because not all evidence was available to the defense to use. The prosecution failed in its responsibility to provide it to them. Yes he sits in jail because he is accused of a life felony but he does not have a conviction any longer.
Ralff

Coldwater, MI

#20 Feb 1, 2011
staged or really true wrote:
<quoted text>
the conviction was not overturned fool. he gets a new trial until then he sits in jail and a new juror decides unless sumpremem court says no new trial.
I certainly hope you weren't one of DeeDee's students. Your education sucks so bad she would be ashamed.

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