Nathan Perez, one of the state's witnesses in the trial, testified in a recent hearing he lied when he said at the trial he saw Wilhite shoot Rodriguez.
04.09.2012 | The Republican file photo by Michael S. Gordon | SPRINGFIELD — Charles L. Wilhite sits in Hampden Superior Court for a hearing related to his request for a new trial after his conviction in December 2010 of first degree murder. SPRINGFIELD — Hampden Superior Court Judge Peter A. Velis Monday granted a new trial for Charles L. Wilhite.
Wilhite, with co-defendant Angel Hernandez, was convicted of first degree murder for the October 2008 fatal shooting of Alberto L. Rodriguez in front of the Pine Street market.
David A. Lewis, Wilhite’s lawyer, had argued his client’s first-degree murder conviction should be overturned, or at least Wilhite should be granted a new trial.
Assistant District Attorney Bethany Lynch had argued there is no reason to grant a new trial for Wilhite.
Velis did not reduce the jury’s verdict or reverse it to an not guilty finding, but instead granted the new trial.
Nathan Perez, one of the state’s witnesses in the trial, testified in a recent hearing he lied when he said at the trial he saw Wilhite shoot Rodriguez.
Wilhite’s efforts to get a new trial, or to get his conviction overturned, has generated an organized effort called “Justice for Charles.”
Dozens of supporters have been in court for some of the recent proceedings regarding the appeal.
Velis wrote state law permits a judge to order a new trial “at any time it appears that justice may not have been done.”
He said just because a witness recants does not mean automatically there is a new trial.
Velis said Perez’ recantation is credible.
“Moreover, there is a substantial risk that a jury presented with evidence that 1)Perez doubted his identification but 2)nevertheless resolved his doubts because he felt pressured to implicate the defendant, would have regarded it as significant or important,” Velis wrote.
“At trial, there was no physical evidence directly linking the defendant to the shooting, and the ballistics only pointed to the defendant when veiwed through the lens of Perez’ testimony,” he wrote.
Vira Douangmany Cage, Wilhite’s aunt and a strong force behind the effort for a new trial, said she is “so pleased he is going to get another chance at a new trial.”
“We’re going to come together. We have something to start from at this point. We’ll keep working until he is finally free,” she said.