Sunday, 2 November 2008

The affidavit of Kim Lisenby contradicts Kathy Stevens’ testimony. - the innocence case of Wayne Tompkins

Mr. Tompkins alleged in his Rule 3.851 motion that neither
he nor counsel were able to locate and speak with Ms. Quillin
previously, despite repeated attempts to find her, because Kathy
Stevens, in her testimony, said that Ms. Lisenby accompanied her
to Lisa DeCarr’s house. Mr. Tompkins’ counsel exercised due
diligence in his efforts to find Ms. Lisenby, now Ms. Quillin.
Accordingly, Ms. Quillin may be presented at this time. Mr.
Tompkins also alleged that Ms. Quillin is in fact Kim Lisenby,

In her deposition, Kathy said, “And then Kim, my
girlfriend, went to the house with me. It was 8 o’clock. And we
went. And she was standing by the garage where the alley is by
her house. And Kim told me, ‘Don’t call the police. Don’t get
involved.’” (Stevens depo. at 11). When she first told Mike
Benito on March 12, 1985, of this March 24, 1983, incident, she
indicated that “[a]t 8:00 a.m. [she] returned because she had
left her purse in Lisa’s bedroom.”
the person who Kathy Stevens claimed accompanied her to see Lisa
on March 24, 1983.
This affidavit contradicts Kathy Stevens’ testimony. Stevens
testified that she went to Lisa’s on March 24, 1983, because
“Lisa and me had made plans to run away because Lisa could not
face her mother” (R. 249). Stevens arrived between 6 and 6:20
a.m. (Id.). After receiving no response to her knocking at the
front door, Stevens went to Lisa’s window and “she dragged me
through the window and she said, ‘Kathy, I'm not going to run
away. I talked about everything with my mother and we are going
to deal with it’” (R. 250). After talking for a few more minutes,
Stevens left (Id.). She forgot her purse and went back between 8
and 9:00 a.m.; it could have been after 9:00 a.m. (R. 251). No
one went with her when she went back to the house; Kim Lisenby
“went the third time” (R. 251).27 When she went back to get her
purse, there was a “loud crash” and when Stevens opened the front
door, she saw Lisa and Mr. Tompkins “struggling on the couch” (R.
252). Mr. Tompkins was on top of Lisa “trying to take her clothes
off and that’s about it” (R. 252). Lisa “asked me to call the
police” and she believed that Mr. Tompkins yelled “get out” (R.

252-53). She also saw “a man sitting in the corner chair” maybe
four or five feet away “just sitting there watching it like
nothing was going on” (Id
In her deposition, Kathy gave a different version. There she
said that Kim Lisenby was with her when she saw Lisa being
strangled. After Lisa told her to call the police, she “grabbed
[her] purse and [ ] left.” (Stevens depo. at 10) “I shut the
door. And I told Kim, I said, ‘Come on, Kim we got to call the
police.’ She said, ‘Don’t get involved.’ And I said, ‘Why?’ And
she said, ‘Because you don’t need to.’ And I said, ‘Okay.’ And I
went to the store and that’s when I ran into Junior.”
A cumulative analysis of the new evidence, along with all
prior claims and the complete record, is required. This requires
consideration of all of the exculpatory evidence set forth in the
Statement of the Case, supra. When Ms. Quillin’s affidavit is
evaluated cumulatively with the previously presented exculpatory
information that was learned during collateral proceedings, but
not heard by Mr. Tompkins’ jury, it is clear that a reasonable
juror would have had more than reasonable doubt about Mr.
Tompkins’ guilt and he would have been acquitted. The circuit
court’s analysis to the contrary is erroneous.

No comments: