for all you lazy fucks
from times-picayune:
Rapper's murder conviction overturned
By Paul Purpura
West Bank bureau
Corey Miller, the rap star formerly known as C-Murder, will get a new trial, after the state Supreme Court Friday scrapped his second-degree murder conviction that had been in legal limbo for almost two years.
Miller, who turned 35 on Thursday in a Concordia Parish jail, was convicted in the shooting death of Steve Thomas, 16, who was gunned down outside the now-defunct Platinum Club in Harvey on Jan.12, 2002. The charge carries a mandatory life sentence in prison.
With Friday’s high court ruling, Miller’s attorney Ron Rakosky said Friday night he will seek his client’s release from jail on bond on Monday. Miller has been jailed since his arrest four years and two months ago.
“He should be released,” Rakosky said. “If they want to retry him, let them go do it. But I don’t think he should be locked up” until his new trial, should the Jefferson Parish District Attorney’s Office continue the prosecution.
Jefferson Parish District Attorney Paul Connick Jr. said Friday evening he had not seen the ruling, which was posted earlier on the high court’s Web site. Until he reads the opinion, “it would be premature to comment on it,” Connick said.
“I would like the opportunity to review it,” Connick said, adding that would happen on Monday.
Miller was convicted of the crime on Sept. 30, 2003, but months later, Judge Martha Sassone of the 24th Judicial District Court ordered a new trial largely on grounds that the prosecutors failed to tell the rapper’s attorneys about the criminal background of witnesses who testified that Miller was the gunman.
The 5th Circuit Court of Appeal in Gretna reversed Sassone last year, ruling that even without the witness accounts, other evidence pointed to Miller’s guilt.
The state Supreme Court heard Miller’s appeal last month. Chief Justice Pascal Calogero recused himself from ruling.
In its four-page order, the high court reinstated Sassone’s ruling, saying her 20-page order granting Miller a new trial “reflects a painstaking review of the evidence presented at trial and in the course of 13 post-conviction hearings, during which (she) became convinced that one of the state’s principal witnesses was ‘someone who is accustomed to lying.’ ”
Such a review, the high court said in its four-page order, “provides substantial assurance, if any is needed, that (Sassone) did not act arbitrarily or capriciously but exercised her authority” under state law to give Miller a new trial.
Defense attorneys, armed with such information on prosecutors’ witnesses, could have attacked the witnesses’ credibility in the eyes of the jury, possibly leading to a different outcome in the trial.
“(From) the very beginning of this case, there has never been any credible evidence that Corey Miller was guilty of this crime, and four years later I don’t know of a single shred of evidence that implicates him with this crime,” Rakosky said.
The attorney said he spoke with Miller on Friday night at the prison in Ferriday where he is currently held. “He was ecstatic,” Rakosky said. “I had told him all along that I thought the judge was entirely correct that he should be granted a new trial.”
Miller was among the 1,100 inmates at the Jefferson Parish Correctional Center in Gretna who were scattered among jails and prison across the state in the wake of Hurricane Katrina. Miller also faces attempted murder charges in Baton Rouge.
Last year, Miller changed his stage name to C-Miller, saying the former moniker was misinterpreted, and that “I am not a murderer.”