Shawn Henning and Ricky Birch were accused of murder in New Milford as teenagers in 1985. You were found guilty and served 30 years in prison. However, those convictions were overturned and the charges were dismissed in July. Henning and Birch are now seeking justice in federal court.
In two separate lawsuits, the men are suing New Milford City, the state and local police and detectives who set up the case against them, and Dr. Henry C. Lee, who was the chief detective in the State Police Forensic Laboratory at the time.
David Lebowitz, who represents Birch in the lawsuit, said the case “illustrates the tragic consequences that can arise when investigators develop a tunnel vision around an investigation. [They] Convince yourself that a particular suspect is guilty and filter the investigation through that lens instead of letting the facts guide you to the conclusions. “
The question was whether a towel found at the scene of the crime contained the victim’s blood. Lee to this day claims the towel was tested for blood, but the Connecticut Supreme Court overturned the murder convictions last summer and concluded that the towel was never tested.
Lee claimed he was trying to uncover the forensic facts of the crime and was not able to show any prejudice in the process. He said, “This case is not really resolved by forensic evidence. [it’s] also not resolved by me. “
Certain false statements made by Lee were not corrected at the time of the original trial, which the Supreme Court ruled was affecting Henning’s ability to seek justice.
The decision did not mean that Lee had lied under oath, but that he had been honestly wrong. In their lawsuits, Henning and Birch are demanding damages and punitive damages.
Ali Oshinskie is a corps member of Report for America, a national utility that places journalists in local newsrooms. Ali covers the Naugatuck River Valley for Connecticut Public Radio. Email her at [email protected] and follow her on Twitter at @ahleeoh.
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