David has been fighting for freedom since being convicted in January of 2000. Click here for a detailed description of his appeals. David is currently appealing to the Federal level of government and is hopeful with his new evidence, that he will be granted his freedom. David currently has an oral argument scheduled for January 19, 2012 at 9:00 a.m. in Cincinnati. His attorney will get 15 minutes before a panel of 3 judges to make his case and hopefully get David’s life back.
Despite identifying witnesses which were withheld from the Defense at the time of trial, statements of witnesses who could have undermined the credibility of Wilkes' confession, as well as impeachment evidence, on April 4, 2012, the Sixth Circuit Court affirmed the lower court's decision and denied David's Habeas Petition. Click here to read the Court's decision. David has filed an En Banc and is now representing himself. His Brief is due by June 18.
David filed his Petition for Rehearing and Rehearing En Banc brief on June 19, 2012. He has filed this petition and brief pro se. In the petition, David argues the following in detail - "Appellant submits that a series of erroneous determinations of facts, unsupported by the record, were employed in the analysis of this case, and will note these with particularity below. Moreover, there are points of law Appellant submits were overlooked and/or misapprehended, and there are cases from this Court that are contrary to the conclusions reached in this case, and rehearing is necessary to ensure conformity in the decisions of this Court..."
David's Petition for Rehearing and Rehearing En Banc was denied on July 12, 2012. The Order denying the Petition states that "...the issues raised in the petition were fully considered upon the original submission and decision of the case." However, had the issues truly been fully considered an innocent man would not be in prison.
May 21, 2013: David received a letter from the Ohio Innocence Project stating in essence that David Thorne is innocent but because of the Alliance Police Department's contamination of critical evidence and Joe Wilkes confession we can't help David.
June 4, 2013: A4Wc's written response to OIP regarding their rejection of David's case.
