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You are here: Home / Lapointe / Lapointe seeks $13.5M in state compensation

Lapointe seeks $13.5M in state compensation

March 18, 2019 By Alice

Richard A. Lapointe
Richard A. Lapointe

In 1992, Richard A. Lapointe was sentenced to life plus 60 years for the 1987 rape-murder of Mrs. Bernice Martin who was found stabbed, raped, and strangled in her Manchester, Connecticut apartment that was set on fire.

Lapointe has Dandy walker Syndrome, a congenital brain malformation that made him gullible and vulnerable to giving a false confession. And he did.

Concerns

This case features

  • police misconduct: illegal wire taps
  • false confessions: Lapointe gave four confessions and none matched the crime scene. He was questioned for nine and a half hours without the presence of a guardian
  • a disputed timeline, and
  • forensic arson detection
Trial overview

A new trial was ordered for him in October 2012. On March 31, 2015, the Connecticut Supreme Court ordered a retrial. On April 10, 2015, Superior Court Judge Joan Alexander ordered Lapointe be released on $250,000 security bond. Lapointe stayed at an undisclosed location. On Oct 2, 2015, on International Wrongful Conviction Day, Lapointe was set free. The judge ruled that he cannot be retried.

Seeking compensation

Lapointe wants to be compensated for all the years he spent in prison. From the Hartford Courant: “The compensation battle is playing out before the state claims commissioner, with Lapointe’s lawyers saying DNA testing exonerated him and state lawyers arguing it did not.” I think key is that the state never proved its charges against this man.

Connecticut’s state law does allow for compensations in cases of wrongful convictions if: the charges were dismissed because the defendant was innocent or because of wrongdoing by the authorities that resulted in the defendant’s conviction and prison sentence. I think it applies.

“Prosecutor David Zagaja said that while the “touch DNA” tests did not show evidence of Lapointe’s presence at the crime scene, that doesn’t mean he wasn’t there.” Zagaja is right but as the victim was family, Lapointe’s touch DNA is likely to show up in her apartment. You still need to tie him to Martin’s rape-murder, not just to the location.

“Zagaja said the tests turned up several different partial profiles, making it appear that the crime scene was contaminated by several people, likely first responders, forensic experts and other officials.” This has happened in several miscarriages of justice cases. It is therefore all the more important that the state proves beyond any doubt that Lapointe is guilty. If they cannot due to contamination, they cannot prove their charges, and the defendant walks.

“It’s not clear when Commissioner Christy Scott will rule, and any approval of a payout must be approved by the state legislature.”

Alibi

Karen Lapointe, Richard’s ex-wife, stands by the statements she gave then and by her ex-husband’s innocence. She always stated that Richard was home with her and their son that evening. The statements she gave were taped, and on those tapes, you can hear Karen being threatened and intimidated by police. On the tape, Karen is accused of withholding information and sounds increasingly distressed as she cries that she is not withholding any evidence. Det. Morrissey can be heard claiming that “the case has come to a conclusion” and that “Lapointe had confessed.”

The real killer

Whoever raped and murdered Mrs. Martin was a raging, strong, and violent man. Lapointe is known for not being violent and not strong at all.

Whoever committed the crime set fire to places he touched. Lapointe is clumsy and not very intelligent. Would he have had the sense to remember all the places he touched?

To be continued.

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Related

Filed Under: Lapointe Tagged With: Bernice Martin, Connecticut, Richard A. Lapointe, Wrongful Convictions

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Author Notes

On my website, I write about old, unsolved cases. Most are from the pre-DNA era and need renewed media attention. I only do research and leave 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. Please check the FAQ page for more!

My database has hundreds of cases listed by the victim’s last name. You will find a brief description there as well. The database is free to the public.

All writing suggestions for cases 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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Thank you,

Alice de Sturler

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William Thomas Zeigler

Category: ALL POSTS

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

Category: ALL POSTS

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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