Barton v. Warden, S. Ohio Corr. Facility

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Barton’s wife, Vicki, was killed in a 1995 burglary. Detectives determined that Barton was elsewhere at the time of her death. In 1998 Henson was arrested in an unrelated burglary, and stated that his half-brother, Phelps had been involved romantically with Vicki, went to her house to steal, panicked, and shot her. Henson believed that Phelps’ subsequent suicide was related. Phelps’ body was exhumed . There was no DNA match. In a 2003 re-examination of the file, it was discovered that in Barton’s 911 call, he referenced needing to call “Phelp man.” Detectives re-interviewed Henson, who later testified that Barton paid Phelps to go to Vicki’s residence to scare her; that Phelps took unidentified accomplice; and that the accomplice shot and sexually assaulted Vicki. Under cross examination, Henson denied originally telling detectives that Phelps shot Vicki. Barton’s federal habeas petition was rejected. The Sixth Circuit reversed, based on the withholding of evidence that would have impeached the sole prosecution witness. Henson testified that he had committed staged burglaries for hire. Before trial, the state provided Barton with a police report documenting the 1993 Kelly burglary, which was suspected to have been staged. The state did not inform him that it had re-opened the Kelly investigation after Henson implicated Barton. Questioned before Barton’s trial, Kelly vehemently denied hiring Henson to stage a burglary. Barton did not learn of Kelly’s statements until after his trial, by means of his own investigation View "Barton v. Warden, S. Ohio Corr. Facility" on Justia Law