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
SAN DIEGO -- 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.
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.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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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.
Previous Stories:
- May 26, 2004: Tuite Found Guilty Of Lesser Charge
- May 25, 2004: Judge Refuses To Make Notes From Tuite Jury Public
- May 24, 2004: Tuite Jury Still Deliberating After Six Days
- May 20, 2004: Still No Verdict In Tuite Murder Trial
- May 20, 2004: Tuite Murder Trial Jurors Back Deliberating
- May 20, 2004: Judge Orders Jury To Continue Deliberations
- May 13, 2004: Jury Starts Deliberating In Tuite Murder Trial
- May 10, 2004: Closing Arguments Begin In Tuite Trial
- May 4, 2004: Both Sides Rest In Tuite Trial
- May 3, 2004: Judge Replaces Juror In Tuite Trial
- April 26, 2004: Tuite Trial: Man Testifies Son Denied Involvement With Murder
- April 22, 2004: Treadway Continues Testimony In Tuite Trial
- April 21, 2004: Teen Once Accused Of Crowe Death Testifies
- April 20, 2004: Crowe's Family Testifies About Sibling's Relationship
- April 19, 2004: Crowe Says He Lied To Police About Killing Sister
- April 15, 2004: Crowe Explains Confession In Sister's Killing
- April 14, 2004: Crowe Breaks Down During Testimony
- April 13, 2004: Michael Crowe Continues To Testify
- April 6, 2004: Blood Stain Expert Testifies In Tuite Trial
- April 2, 2004: Jurors Hear Crowe Say He Doesn't Recall Killing Sister
- March 30, 2004: Jury Hears Teens' Plot To Kill Crowe
- March 29, 2004: Jurors Hear Teen Say Two Friends Killed Stephanie Crowe
- March 25, 2004: Original Lead Investigator Testifies In Tuite Trial
- March 23, 2004: Jurors In Tuite Trial Continue To Watch Interrogations
- March 22, 2004: Tuite's Defense Tries To Create Reasonable Doubt
- March 18, 2004: Defense Calls First Witness In Tuite Trial
- March 17, 2004: Deputies Relive Embarrassing Tuite Escape
- March 16, 2004: Parents Of Murder Victim Testify
- March 15, 2004: DNA Analyst: Crowe's Blood On Tuite's Sweatshirt
- March 12, 2004: Crowe Younger Sister Takes Stand
- March 2, 2004: Examiner: Wounds Didn't Prevent Crowe From Screaming
- March 1, 2004: Girls Say Tuite Followed Them To Escondido
- February 25, 2004: Former Cellmate Testifies Against Tuite
- February 24, 2004: 'Tracy' Testifies In Tuite Trial
- February 20, 2004: Bailiff Fails To Secure Tuite's Cuffs Correctly
- February 19, 2004: Witness: Tuite 'Didn't Look Right' Night Of Murder
- February 18, 2004: Tuite Defense Blames Victim's Brother, Friends
- February 18, 2004: Tuite Murder Trial: Watch Openings Statements
- February 17, 2004: Opening Statements Presented In Tuite Trial
- February 10, 2004: Jurors Sworn In For Tuite Trial
- February 9, 2004: Jury Selected For Tuite Trial
- February 6, 2004: Potential Jurors Questioned On Tuite's Escape
- February 6, 2004: Prosecution Wants Jury To Consider Tuite's Escape
- February 4, 2004: Judge: Tuite Trial To Continue As Planned
- February 3, 2004: Man Allegedly Witnesses Tuite Escape
- February 3, 2004: Accused Murderer Captured After Escape
- February 2, 2004: Jury Selection Begins For Crowe Murder Case
- January 14, 2004: Judge OKs Bloody Undershirt In Tuite Trial
- December 19, 2003: Tuite Trial To Remain In San Diego
- December 12, 2003: New Evidence Revealed In Crowe Murder Case
- September 25, 2003: Judge: Tuite Mentally Competent To Stand Trial
- September 23, 2003: Tuite Competency Trial Begins
- July 16, 2003: Judge: Tuite Must Be Examined By Psychiatrist
- June 9, 2003: Judge Could Reveal Tuite's Troubled Past To Jurors
- March 26, 2003: Tentative Date Set For Tuite Trial
- March 17, 2003: Tuite Pleads Not Guilty To Crowe Murder
- March 4, 2003: Tuite To Stand Trial For Crowe Murder
- February 27, 2003: Teen In Tuite Hearing Can't Explain Knife
- February 26, 2003: Teen Takes Stand In Tuite Hearing
- February 25, 2003: Prosecutors Play 'Confession' Tape In Tuite Hearing
- February 21, 2003: Prosecutors Will Also Show Tapes In Tuite Hearing
- February 20, 2003: Tape: Teen Admits Part In Stephanie Crowe Murder
- February 19, 2003: Will Tuite Stand Trial For Stephanie Crowe's Murder?
- February 14, 2003: Court: Tuite Can Present Evidence Against Crowe's Brother
- February 11, 2003: Tuite Preliminary Hearing On Hold
- February 10, 2003: Tuite Preliminary Hearing Continues
- February 6, 2003: 2nd Day Of Tuite Hearing Under Way
- February 5, 2003: Day 1 Of Tuite Preliminary Hearing Held
- September 19, 2002: Tuite's Preliminary Hearing Set
- August 26, 2002: Tuite Hearing May Come This Fall
- May 22, 2002: Crowe Family Wants Civil Case Sped Up
- May 16, 2002: Tuite Pleads Not Guilty To Crowe Murder
- May 16, 2002: Tuite To Be Arraigned Today
- May 15, 2002: Tuite To Be Charged With Stephanie Crowe's Murder
- May 14, 2002: Arrest Looms In 1998 Child Killing
- July 11, 2001: Crowe Murder Suspect Released From Prison
- May 30, 2001: Man Linked To Crowe Murder Back In Prison
- May 25, 2001: Man Investigated In Crowe Murder To Be Paroled
- November 28, 2000: Transient Suspected Of Escondido Murder Back Behind Bars
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