Clinton Young Granted Evidentiary Hearing Over Whether David Page Provided False Testimony At Trial

*UPDATE* As of July 26th, still no date has been confirmed for Clinton Young’s Evidentiary Hearing. Although frustrating, CJRJ will keep you posted.

As soon as a date has been set, we will inform you here.


The 385th District Court in Midland. TX, has granted Clinton Young an Evidentiary Hearing. The order, dated April. 24, designated the ‘following issue of fact to be resolved.’

Whether David Page provided false testimony at Applicant’s trial within the meaning of ex parte Chabot, 300 S.W.3d 768 (Tex. Crim. App. 2009).

Attorneys for Young—sentenced to death for the murders of Douglas Doyle and Samuel Petrey in November of 2001—submitted his application for Writ-of-Habeas-Corpus to the Texas Court of Criminal Appeals, which ultimately lead to his stay of execution in October of last year.

The decision by the CCA to remand Young’s case back to the trial court, in relation to the state violating his right to due process by unknowingly introducing false or misleading testimony against him at trial, has lead to the trial court’s latest order.

wFt8b1R.png 

The decision by the 385th District Court comes after legal filings from both Young’s attorneys and the state arguing whether Young should be afforded such relief.

Within the court’s order, a time for the hearing will be agreed upon by both opposing parties. Under section 9(b) of the Texas Code of Criminal Procedure—Article 11.071. Procedure in death penalty case, the hearing shall take place no later than 30 days after the order given by the trial court. An extension may be granted—for no more than 30 days—by the court, but only for good cause.

Z4t6zog.png
Section 9 of the Texas Code of Criminal Procedure—Article 11.071. Procedure in death penalty case.

News that Young’s Evidentiary Hearing will take place by the end of June this year, at the latest, will be welcome news to Young. While Young has always maintained his innocence, the commuting of his death-sentence is perhaps the first step towards his claims of actual innocence.

Testimony given by David Page at Young’s trial in 2003 claimed that it was indeed Young himself that kidnapped and carjacked Samuel Petrey. However, during an interview conducted on Oct.4, 2017 Page admitted to his direct involvement in the kidnapping of Petrey while being interviewed by Midland DA Laura Nodolf—unbeknown to both Young’s attorneys and Page’s own attorney H. W. “Woody” Leevrett Jr.

adkssN5.png
For further backstory to both the defendants, and state’s legal filings regarding Young’s Application for Writ-of-Habeas-Corpus, please refer here

Page’s recantation of events preceding Petrey’s murder are of significance relating to the aggravating factor needed under Texas law to evoke the death-penalty. In Young’s case, that aggravating factor—in relation to Petrey—was his kidnapping.

FQZiw4w
David Page: Page’s changing account of events that lead to the murder of Samuel Petrey, have resulted in Young being granted an Evidentiary Hearing.

What the Evidentiary Hearing does offer though, is further recourse for Young if it finds that ‘[a]dditional factual issues [need] to be resolved.’

In standing with the Texas Code of Criminal Procedure—specifically, Article 11.071 section 9(a), the presiding court may ask for ‘affidavits, depositions, interrogatories, and evidentiary hearings and may use personal recollection,’ to determine whether the defendants appeal offers relief as to his confinement.

As to who might be requested to provide evidence, the list is long. Christopher Palenik—expert for the defence— provided a Scientific Report  relating to gun-shot-residue present on gloves found at the scene of Petrey’s murder. Reasons for Palenik’s report being relevant relate to Page’s changing testimony regarding the gloves. At trial Page asserted that the gloves found at the scene of Petrey’s death were those used while undertaking work with his father. Recent interviews show that Page lied during testimony given at trial. Page confirmed that in his Oct. 4th interview with DA Nodolf.

tJI61N0.png

Further interviews by Jessica Villerius—during the filming of her documentary, ‘Deal With Death’—documented interviews with former prisoners who shared contact with Page, and offered that Page himself admitted to the killing of Petrey. Indeed, Villerius’s interview with Page himself, could be deemed relevant.

What will most likely be prevalent however, is Page’s interview held On Oct. 4th, 2017, some 3 weeks before Young was due to be executed. During the hearing, expect Page’s interview to be heard in its entirety, and with that, expect a case that has been shrouded in secrecy, to become greater in its transparency.

As is often the case in matters of criminal-law, one door opening can duly lead to further avenues for recourse. Young’s road is likely to be a long one. However, his road is at least still open.


 

If you have any questions or queries relating to this article, or indeed anything CJReform related, please don’t hesitate to contact me here.

Links to legal filings in Young’s case may be found below.

2017-09-29-Application-for-Writ-of-Habeas-Corpus

2018-01-19 States Answer

2018-02-05 Young’s Reply

Ex Parte Chabot, 300 S.W.3d 768 (Tex. Crim. App. 2009) Opinion

 

 

 

9 comments

  1. Prayers for you, Clint…. Taylor, Brandi, Jess, we all care, and hope everything turns out the way it should have, years ago……

    Like

  2. I cannot believe that they are stringing this poor guy along for so long.
    My eyes have really been opened to how naïve I was concerning the death sentence and the justice system in the USA.
    I thought this kind of thing only happens here is South Africa. Clinton thinking and praying for you, your family (especially your Mom) and your friends. Keep your head held high and know that you are being prayed for by loads of people across the globe.

    Like

  3. Having just watched the documentary I’m shocked , what sort of justice does Texas offer . I’m glad I’m not an American citizen (Texan) .They’re court system is a mockery . I felt sick and angry that a quilt man can have the chance to walk whilst an innocent one is still years later waiting to prove this . I have just finished reading the book about Donte Drumm who was exhonerated after being murdered by Texan law and was proved to be innocent . How can you sleep at night knowing you and your pathetic justice system and sham jury have put to death many innocent people . You should all be tried for capital murder yourself knowing the fake confessions you’ve convicted people with . Shame on you . Hell awaits you all .

    Like

  4. He should be set free and after all this set an done take the prosecuters and judge the DAs everyone who was involved to court and Sue the f*** out of them for wrongful conviction, failure to use evidence etc, and taking many many many years of your life Behind Bars. The other man should be on the death row layin on that gerny.. Hope you get set free man!!!

    Like

  5. Absolutely disgusting how this man is still incarcerated.it would seem the ones in suits should be behind bars……

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s