OSWEGO, NY – Efforts to have Gary Thibodeau’s conviction for kidnapping Heidi Allen overturned have hit a snag.
Judge Daniel King has denied Thibodeau’s defense team’s request for more testimony.
Thibodeau was convicted 20 years ago, but a federal public defender claims there is new evidence that could exonerate him. A hearing on those claims began earlier this year and was adjourned in April to allow time for the claims to be investigated.
The defense wants to reargue parts of its case by recalling some witnesses, adding more witnesses and evidence.
Judge King denied the request, saying, “The court denies defendant’s request in its entirety on the grounds that the testimony and proffered evidence is either too speculative, immaterial, unreliable, based on hearsay, or, moreover, irrelevant.”
No ruling has been made regarding Thibodeau’s request for a new trial.
However, the judge has said he expects to have a decision “soon.”
Allen disappeared from the convenience store in New Haven where she was working on Easter Sunday in 1994. She has never been found.