A Baltimore City judge Monday refused to allow an expert on false confessions to testify in a two-decade-old murder case in which the state’s Innocence Project alleges the wrong men were convicted.
University of San Francisco law school professor Richard Leo testified during a pretrial motion that the murder confession of James Thompson, 48, was unreliable — but Circuit Judge John Themelis said Monday that the jury would not be allowed to hear Leo’s statements.
“I don’t think … he would be competent to testify as to [Thompson’s] state of mind,” Themelis said.
The judge’s ruling was the second victory in a row for prosecutors in their case against James Owens, 48, who was granted a new trial after he was convicted of murdering a young woman two decades ago.
His co-defendant, Thompson, has been denied a new trial, despite recent DNA evidence that defense attorneys said clears the men.
The two men were convicted of first-degree murder in 1988 in the death of Colleen Williar, 24.
On the witness stand, Thompson admitted to burglarizing Williar’s house and masturbating, while Owens beat, raped, stabbed and strangled her.
The men have remained behind bars despite defense attorneys’ announcement 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.
In July, Themelis denied a motion that would have excluded Thompson’s confession from Owens’ trial.
Leo testified during that hearing that most of Thompson’s confession is proved incorrect by either DNA evidence or police reports.
“Mr. Thompson got a lot of facts wrong,” Leo said. “He doesn’t demonstrate actual or probative knowledge” of the crime.
Still, despite wins on preliminary motions, prosecutors are facing a challenge when the old case goes to trial.
“Most of the state’s witnesses are either unavailable or dead,” prosecutor Mark Cohen said.
Owens’ trial is scheduled for Oct. 17.
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