DA: Court Denies Gary Thibodeau a New Trial

OSWEGO, NY – “I will say that I am very pleased with the court’s decision affirming Judge King’s ruling to deny a new trial. Justice was upheld today (June 9), as Gary Thibodeau continues to be held accountable for Heidi Allen’s kidnapping,” Oswego County Greg Oaks said. “However, there is no celebration today, as the Allen family is still missing their daughter and sister.”

Although he anticipates an appeal from the defense, “this case will never truly be over until Heidi is recovered and brought home to her family,” the DA added.

Speaking at a late afternoon press conference, DA Oakes said, “I hope Gary Thibodeau hears these words and finds it in his heart to finally admit what he did and finally make a disclosure … so Heidi can be brought home to her family.”

DA Oakes’ Press Conference Remarks

This afternoon, the Appellate Division, Fourth Department, affirmed the Decision and Order issued by the Hon. Daniel King, acting Oswego County Court Judge, relative to the CPL 440.10 motion filed by the defense in the case of People v. Gary Thibodeau.

In doing so, the appellate court upheld Judge King’s findings of fact and conclusions of law in two significant respects.

First, the Appellate Division unanimously agreed with Judge King’s finding that the Oswego County District Attorney’s Office and Sheriff’s Office provided Gary Thibodeau’s defense attorney with all exculpatory material in 1994 and 1995, (and all the years since those dates) including all reports and statements relating to Heidi Allen’s status as a so-called confidential informant.

In short, the appellate court clearly found that there was no Brady violation, as was alleged by the defendant.

Although the defense had the burden of proving that the disputed documents weren’t provided, they failed to meet that obligation at the hearing, and then again at the appellate court.  Further, the People affirmatively proved that those documents were turned over to defense counsel.

Thibodeau’s attorney had all available information at the time of trial.

Gary Thibodeau absolutely received a fair trial consistent with his Constitutional rights, the DA said.

There was no effort to conceal or hide information and that is affirmed by today’s decision.

Over the past three years, with absolutely no proof, Attorney Lisa Peebles has repeatedly questioned the integrity of the DA’s Office and Oswego County Sheriff’s Office. More specifically, she directly questioned the honesty of former District Attorney Donald Dodd, accusing him of committing a major ethical violation.

Today’s decision rightfully vindicates Donald Dodd and the District Attorney’s Office..

On a personal note, I had the honor of working with Donald Dodd for more than a decade.  He was one of the people who taught me that my job as a prosecutor is to do justice.

More times than I can count, I heard him say, “We chase the truth” and “Our job is to do the right thing.” Our job is to obtain justice, nothing more.

Oakes said he was offended by the smear campaign of the defense overthe past three years.

Quite simply, Donald Dodd is a fundamentally decent and honest man, and I’m glad that the Judge King, and now the Appellate Division, saw through the defense’s smear campaign.

Secondly, a majority of Appellate Division agreed with Judge King’s finding that the defense failed to establish the existence of newly discovered evidence that would have resulted in a different verdict had it been presented at trial.  The appellate court’s decision supports Judge King’s finding that the defense failed to offer reliable and admissible evidence at the hearing to support its claim that someone other than Gary Thibodeau committed this crime.

Although today’s decision was not unanimous on this second issue, three of the four judges agreed with Judge King’s ruling that much of the newly discovered evidence would not result in a different verdict.

The failure to change the outcome is based, to a large degree, upon the fact that much of the evidence presented by the defense simply is not admissible as a matter of law, as it is hearsay and speculation.

In regards to sole dissent, I will simply say that I have great respect for Judge Centra and respectfully disagree with his conclusion.

I believe the majority reached the right conclusion.

To be clear, this appeal…this case…is not about winning particular legal arguments; it is and always has been about maintaining justice for Heidi Allen and her family

And while today’s decision is important and represents another decision in which a jury, judge, or appellate court has affirmed his conviction, I know this is not the end.

I fully anticipate and expect that the defense will file a motion seeking leave, and my office will vigorously oppose the request and will vigorously defend today’s decision.

Further, while today represents a legal victory, there’s no cause for celebration.

At the end of the day, Heidi Allen is still missing.

Her father is still missing her. Her sister is still missing her.

To me, to my office, to all of the prosecutors and police officers who have worked on this case more than the past 23 years, this case will never truly be over until Heidi is recovered and brought home to her family so that they can properly mourn her.

I’m hoping that those who know the truth will do the right thing.

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