A Baltimore City judge has denied a new trial for convicted murderer – despite DNA evidence defense attorneys said proved he was not involved.
Circuit Judge Marcella Holland ruled on Aug. 24 that James Thompson, 47, is not entitled to a new trial in the rape and murder of a young woman nearly two decades ago. A reporter from The Examiner noticed the ruling Monday and alerted attorneys, who said they were unaware of the decision.
Holland wrote in her ruling that Thompson?s 1988 confession outweighed the new DNA evidence. Thompson admitted to burglarizing the house of Colleen Williar, 24, and masturbating while co-defendant James Owens beat, raped, stabbed and strangled her. Thompson never said he raped Williar.
“It seems readily apparent from [Thompson?s] testimony that he indeed burglarized the home of the victim the night of the murder,” Holland wrote. “DNA does not remove [him] from the scene of the crime.”
In May, a different city judge granteda new trial for Owens, 41.
The two men have remained behind bars despite defense attorneys? announcement last October that new DNA results excluded them as the originators of semen on Williar?s body. The attorneys also said a bloodstain on Thompson?s pants came from a man.
Holland, though, took issue with Thompson?s changing stories.
“His story evolved to include not only breaking into the home but willfully standing by as the victim was raped,” the judge wrote. “[Thompson] initially claimed that he was not involved in the murder but was a concerned citizen who had located the murder weapon. Subsequently, he claimed that he was a mere burglar and never touched the victim.”
Thompson?s attorney, Suzanne Drouet of the Maryland Innocence Project, was not immediately available for comment.
William Winkler, Williar?s stepfather, said he was “absolutely thrilled” by the decision.
“I sat through all the trial,” he said. “I know in my heart of hearts that guy did it. I?m thrilled he?s not getting out.”
