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Twist Could Lead To New Tuite Trial

Jury Considers Evidence Not Introduced At Trial

POSTED: 6:06 pm PDT May 26, 2004
UPDATED: 6:30 pm PDT May 27, 2004

A jury Wednesday convicted a former transient of voluntary manslaughter for the 1998 stabbing death of a 12-year-old Escondido girl, but one juror said he relied on a chart that wasn't introduced into evidence.

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Richard Tuite, 35, was found guilty for the death of Stephanie Crowe, after a trial that lasted more than three months and featured 169 witnesses and 592 pieces of evidence.

At least one juror, who identified himself as "Joe" told 10News that he was having doubts about blood evidence found on two of Tuite's shirts until he found a chart in the deliberations room indicating that a hair matching the defendant's was found in the victim's bed.

The chart also showed another hair that matched either Tuite's or a hair belonging to Stephanie's brother, Michael, was found in her bed, the juror said.

"I had doubts that (Tuite) had been in the house," the juror said. "Now, this confirmed that he perhaps was in the house. If I hadn't seen that chart, I would still be having problems with the blood contamination."

Tuite's lead attorney, Brad Patton, said the chart was a defense graph of trace evidence found in Stephanie's bedroom that had not been introduced into evidence.

Patton said the chart was stored in the jury room and "had an impact" on jurors.

"The jurors were aware of it and used it in their deliberations," Patton told 10News.

Patton said both sides stipulated during the trial that no trace evidence belonging to Tuite or three boys originally charged in the case was found in the victim's bedroom.

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The attorney said he will file a new trial motion, based on the fact that the jury considered evidence not introduced at trial.

Last Wednesday, the jury sent Judge Frederic Link a note saying it was deadlocked 8-4 regarding blood evidence found on the defendant's clothes.

The judge ordered the panel to continue deliberations, after "Joe" acknowledged that more work might break the impasse.

The next day, the jury sent a note apologizing for its earlier missive, saying it was meant to convey it was deadlocked on the blood evidence, not the question of guilt or innocence.

An unidentified female juror said the patches of blood on Tuite's shirt were "critical" pieces of evidence.

"We don't have to answer every detail," the juror said in response to the numerous issues in the case. She said the finding of voluntary manslaughter was not a "compromise verdict."

The jury found Tuite not guilty of first- and second-degree murder counts, but found true an allegation that he used a knife in the killing.

Tuite faces from five to 13 years in prison when he is sentenced July 29, Patton said.

Senior Assistant Attorney General Gary Schons said Tuite could get up to 14 years. The defendant could have received 27 years to life had he been convicted of first-degree murder.

As for a new trial, Schons said, "We have confidence in the integrity of the verdict."

He said the jury did not find Tuite harbored malice when he stabbed Stephanie to death the night of Jan. 20, 1998.

Prosecutors told the jury Tuite was in the area of the Crowe residence the night of the killing looking for a friend named "Tracy," and may have wandered into the Crowe residence and mistakenly stabbed the child as she slept in her bed.

Cheryl, (pictured, far left), Stephen, (pictured, left), and daughter Shannon Crowe, (pictured, left, middle), agreed that justice was done.

"He's guilty, no doubt," Cheryl Crowe said. "He murdered our daughter. That's the bottom line. I'm glad he can't get out and hurt someone else's child."

At one point, teenager Michael Crowe and two of his friends were considered suspects in his younger sister's killing.

The brother even "confessed" to police at one point, but a judge ruled that the statements were coerced by detectives who questioned the boys for hours.

Michael Crowe told 10News he was surprised by the verdicts.

"I would have expected second-degree (murder) -- that's what I was expecting. It's surprising, but you know, it still shows -- the bottom line is he did it ... The truth is, the jury said he did it. That's what it comes down to," Michael Crowe said.

The defense took pains during its presentation to suggest that Crowe had motive to kill his sister, and that police might have gotten the victim's blood on the defendant's clothing inadvertently.

Tuite's sister, Kerri, arrived after the verdict was announced and broke down crying in the hallway outside Link's courtroom.

Meantime, Cheryl Crowe said she told Michael of the verdict as soon as it was announced in court.

"The boys were already exonerated," the mother reminded reporters.


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