I’ve really been struggling with this, because it’s weird. Let me explain.
Jamie’s successive post conviction petition was denied in January, but we didn’t know about it. When Tara (EP attorney) had a conference call with the judge, she was very curt. She said she would rule by mail, and that she was really busy, and would rule when she could.
Fast forward to Postcards in the Park. We talk at length to a newspaper reporter, and she inquires with the clerk the following Monday about an update on the case. They inform the reporter there was a ruling in January – reporter then calls Tara and informs her of the status.
Okay, ONE failing to notify might be a mistake, but TWO denials without notification??? Houston, we have a problem.
Thing is, the McLean County Clerk’s Office doesn’t have an online docket system, so you have to call for updates, which I DID. And they NEVER told me there was a ruling. Notice anything screwy about the last few entries in this docket?
Was the state notified of the denial? If so, they allowed us to stand out in front of the courthouse in March 2014, with Jason Chambers looking down at us from the window, KNOWING it was denied, and not informing us? Did they allow us to stand in front of the press at Postcards in the Park in August 2014, and still failed to inform us of the denial?
So…we had to appeal to the 4th District, and they allowed a late appeal.
It’s very interesting that the successive pc included critical newly discovered evidence in the form of an ISP police report in which Danny Martinez told police in 1994 that Jamie Snow was not the person he saw as well as polygraph results from two jailhouse informants that prove they failed, and the state put them on the stand anyway.
Where we stand:
DNA motion is still before McLean County.
Federal Habeas is in abeyance.
Yeah. we’ll keep ya posted.