Jeffrey Wogenstahl is on death row in this area after being found guilty of killing 10-year-old Amber Garrett. His defense team is now trying to get a new trial, which could change his fate.
Wogenstahl has been on death row for 31 years, but his lawyers have brought in witnesses and experts to question the original decision.
They said that important evidence that could have changed the result of the trial was kept from the first defense team.
Robert Garrett, Amber Garrett’s father, has been to the hearings and is still upset about his daughter’s death.
“I feel nothing. I don’t feel anything. This person is still alive after 33 years. He said, “My mom died, my dad died, and Amber’s mom Peggy died.”
The defense said they had to sue the Harrison Police Department to get reports that weren’t given to the first defense team.
One juror from the first trial said that they might not have decided to convict Wogenstahl if they knew there was another possible suspect.
One of the original lawyers, Mark Krumbein, said that information that could have helped Wogenstahl’s case was kept from him. Lead lawyer Sarah Gelsomino said:
“The police and prosecutors in this case hid a huge amount of evidence that broke their case apart completely.”
He said, “I’m sure we have enough proof to show not only that his rights were violated and that he deserves a new trial, but that we can also win at that trial.”
Robert Garrett is still sure that Wogenstahl is guilty, even after hearing the new evidence.
“The witnesses were taught to lie for Wogenstahl’s side, and I heard a lot of them.” I caught them lying a lot. He said, “I saw the trial in 1993 and know what was said.”
At the end of the week, lawyers questioned a psychologist about how reliable eyewitness evidence is, which the psychologist said decreases over time.
On the other hand, the authorities stressed that the first witness statements and identifications of Wogenstahl happened soon after the murder.
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