Lawyers said in opening statements that Brian's pattern of prior bad acts and Toreys character witnesses would be shown in trial, but the defense team then decided not to do that and rested after only one and a half days. DNA evidence proved Brian wielded the knife that killed poor Cassie. No DNA evidence was ever found of Toreys.
The State tested both Toreys and Brians shirts, their gloves, the knives, and all other evidence recovered for Cassie's blood. They only found it on one knife, one shirt, and one glove, which the Defense then had tested for DNA. Brians DNA came back positive as the wearer of the shirt and glove which excluded Torey of being the wearer of either. Brians DNA was also found under Cassies fingernails also excluding Torey as a possible contributor.
The only thing linking Torey to this heinous crime is Brians video taping before and after her death. Brians jury was brought in one week before Torey's trial by the prosecution and asked how the prosecutors could get a conviction on Torey. Brian's jurors said that there was no way to even place Torey in the house and that it sounded like Torey really did think they were making a movie. They told the prosecutors not to refer to what Torey had written as a script, as they had in Brian's trial amongst other things.
The videotape Brian made was key evidence in both trials. After the videotape was published to the jury in Brian's trial, the videotape was played repeatedly on the news and on the internet. Jury members admitted to seeing this key evidence before Torey's trial. Torey was convicted before he ever reached the courtroom. The police and prosecutors never even asked Torey what happened or provided him any opportunity to tell his story. They arrested him, put him in solitary confinement and then tried him as an ADULT!!
Torey to this day has not yet had a chance to tell his side of the story. He wanted to testify at his trial but at the last minute, his attorneys decided against it. The psychiatrist who evaluated Torey strongly advised that he testify because it would have shown the jury how immature Torey is. The Doctor felt Torey had such strong physiological responses when he talked about what happened, that they couldn't be faked therefore showing the jury that he was being truthful.
Torey helped Brian out of fear cover up a crime. That is what Torey is guilty of, and takes full responsibility for that but is not guilty of what he has been charged and convicted of.
Torey deserved a fair and unbiased trial. He did not harm Cassie and did not know Brian was capable of such violence and rage. He does not deserve to be in prison for the rest of his life. He spent 9 months in total isolation in the county jail before being transferred to an adult prison to serve a life sentence without the possibility of parole. This is cruel punishment of a 16 year-old boy, especially one who is innocent of the charges against him.
Relative Facts
*Torey has always maintained his innocence before, during and after Brian confessed to stabbing Cassie.
*There was a defensive struggle between Cassie and her attacker.
*There were DNA profiles from four males under Cassies fingernails, Brian was included as a contributor and Torey was excluded as a possible contributor.
*Cassies blood was found on one shirt, and one glove. DNA tests prove that Brian was wearing both of these.
*Cassies blood was found on only one knife.
*There is NO DNA evidence linking Torey to this crime WHATSOEVER.
*There was a single blood trail leading through and out of the house.
*On the videotape, Brian Lee Draper makes three separate statements that he, Brian, had just killed Cassie.
*The case was highly publicized from the beginning therefore tainting the jury.
*Both boys were convicted in the press before ever going to trial.
*Brians trial was six weeks prior to Toreys, at which time the videotape was released to the news and was posted on the internet. Some of the jurors admitted to seeing this key evidence before Toreys trial even began.
*Not all evidence was presented at trial and Torey and the psychiatrist who examined him were not allowed to testify.
Why Torey was convicted
*He was convicted on circumstantial evidence (the videotape)
*The jury said that they heard Brian Draper say, " We just killed Cassie" instead of "just killed Cassie."
*The prosecution claimed Torey confessed when, in fact, he did not.
*One of the jury instructions stated that if you found Torey engaged in conduct, which caused the death of Cassie Jo Stoddart, you must find him guilty of murder. Engaged in conduct is overbroad and unclear.
We the undersigned realize some children commit horrible crimes, and the justice system should punish them accordingly. Juveniles, though, are not adults. Their brain is not completely developed making them less able than adults to resist impulses. The juvenile death penalty was abolished for that very reason yet LWOP is still a living death sentence.
Consideration should also be given to the nature of the crime. Children should not be imprisoned for life for acting as accessories, lookouts or simply in the wrong place at the wrong time. They should not be imprisoned for life for the un-communicated actions of another person. Putting a 16-year-old who played such a role in jail for life is an extraordinarily harsh, and expensive, societal response.
We pray your Honorable Judge McDermott that you will consider Toreys age, background, mentality and all the evidence that was not allowed and allowed into trial before setting in stone a life sentence for this child.
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