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You are here: Home / Lapointe / Lapointe hearings resume Aug 2010

Lapointe hearings resume Aug 2010

July 19, 2010 By Alice

Lapointe with family

Questions about how long a fire burned at Mrs. Martin’s apartment and possibly tainted DNA evidence on a pair of gloves found at the crime scene were brought up last Thursday during a hearing for Richard Lapointe. Mrs. Bernice Martin was raped, stabbed and strangled in her apartment in Manchester on March 8, 1987.

Lapointe was convicted in 1992 and is now in Superior Court in Rockville, Bethlehem, PA, seeking a new trial. The hearing is scheduled to resume in August.

Robert Corry, a fire expert hired by state prosecutors, testified last Thursday that a fire set on Martin’s couch didn’t spread very far because poor ventilation in the apartment and some materials left on a seat cushion prevented it from doing so. Instead, the fire smoldered, possibly for well over an hour before it was discovered, Corry said. His testimony contradicts that of a fire expert put on the stand by Lapointe’s attorneys in May, who said the fire couldn’t have burned more than 60 minutes.

Mrs. Bernice Martin

The fire’s burn time has been a key issue because it could support Lapointe’s alibi. Lapointe, who was married to Martin’s granddaughter, reported the fire at 8:27 p.m. A shorter burn time could place him at home with his family at the time Martin was killed.

Lapointe’s attorney, Paul Casteleiro, suggested during cross examination that Corry’s description of the fire changed after he heard the defense’s fire expert, John D. DeHaan, testify. Corry disagreed. Casteleiro pointed to a report, written before DeHaan’s testimony, where Corry summarized his findings about the fire and described the flames as moderately heavy. On Thursday, Corry said the flames were “restrained.”

Casteleiro suggested Corry’s testimony differed from parts of his report because he wanted to support the state’s theory about the fire. Casteleiro also asked why there was no evidence of the materials that Corry said had been left on the seat cushion.

Testimony was also heard last Thursday about a pair of gloves found at the crime scene. Jody Hynds, a forensic scientist from California hired by Lapointe’s team, previously testified that DNA taken from the gloves was not a match for either Lapointe or Martin. Read more here.

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Filed Under: Lapointe, Miscarriages of Justice Tagged With: Actual Innocence, Autopsy, DNA, Miscarriage of Justice, Prosecutorial Misconduct, Rape kits, Richard A. Lapointe

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On this website, I write about old, unsolved cases. Most are from the pre-DNA era and are in need of renewed media attention. I only do research and leave the active investigation of these cases to the professionals.

My posts are about homicides, missing and unidentified people, wrongful convictions, and forensics as related to these cases.

On book reviews: I only review select works of true crime, crime fiction, and historical fiction/mysteries. The stories have to fit my website's theme and research. It remains my prerogative to not review a book.

My database has over 300 cases listed by the victim’s last name. You will find a brief description there as well. The database will always be free to the public to use. You cannot buy ad space on my website, ever.

All writing suggestions that come in by email are added to my to-do list in the order in which they were received. Please be patient. My to-do list is very long but no case gets dropped and I will get back in touch.

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Alice de Sturler

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William Thomas Zeigler

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On March 31, 2016, an evidentiary hearing was held to request touch DNA testing. On July 18, 2016, Judge Whitehead denied that request.

On November 23, 2016, an appeal was filed with the Florida Supreme Court. On April 21, 2017, the Florida Supreme Court denied the request for touch DNA analysis.

On May 8, 2017 a motion for a rehearing with the US Supreme Court was filed. It was denied November 13, 2017.

In the summer of 2019, the appeal for DNA testing to the Florida Conviction Integrity Unit was denied.

Richard Lapointe

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In March 2015, the Connecticut State Supreme Court ordered a new trial for Richard lapointe. On Oct 2, 2015, International Wrongful Conviction Day, Richard was set free. The judge ruled that he cannot be retried for the 1987 rape-murder of Mrs. Bernice Martin. Richard Lapointe died on Aug 4, 2020 of Covid19 complications.

In 1987, someone killed Bernice Martin. I hope that she will not become a forgotten file.
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Copyright: Please add a link back if you use my work. Let your readers know where you found your information. I do the same for you. If you need help with this, just contact me. Thank you, Alice de Sturler

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