Thai American Murderer's Conviction Overturned In America

[sriracha john]

Thai-American Jonathan Doody

Appeals court: Buddhist temple confession coerced

A federal court of appeals on Thursday overturned the conviction of a West Valley man convicted of killing nine people at a Buddhist temple west of Phoenix in 1991.

Jonathan Doody was one of two youths found guilty of the infamous Temple Murders and he has been serving nine life sentences in state prison since his conviction in 1994.

But on Thursday, a panel of three judges from the U.S. 9th Circuit Court of Appeals ruled that detectives from the Maricopa County Sheriff's Office forced a confession from Doody. The judges sent the case back to the Maricopa County Superior Court for a new trial.

"They used every trick in the book," said his attorney, Alan Dershowitz . "They denied him the right to have a parent there. They created all the circumstances for false confession and they got it, a false confession."

Dershowitz, a Harvard law professor who has represented such high-profile clients as O.J. Simpson , Mike Tyson, Patty Hearst, Michael Milken, and Claus von Bulow, said that he will seek to have Doody, 34, released from prison pending his retrial.

But Kent Cattani, who handles appeals for the Arizona Attorney General's Office, said that he will ask the appellate court to reconsider the case "en banc," that is by a larger panel of appeals court judges. And if that fails, the office will ask the U.S. Supreme Court to take the case, Cattani said.

But those courts can turn down the request, requiring the case to be retried.

"It's always difficult to retry a case 15 or so years down the road," said Assistant Attorney General Joseph Maziarz, who argued the case before the 9th Circuit.

In August 1991, nine people were found dead at Wat Promkunaram, a Thai Buddhist temple west of Luke Air Force Base. They had been arranged in a circle and shot in the head, execution style.

Sheriff's investigators under then-Sheriff Tom Agnos first arrested four men from Tucson and got them to confess to the crime, although it was later determined that they were not involved. Three of them later sued for false arrest, and the episode led to Agnos' loss to Joe Arpaio in the 1992 election.

Doody, then 17 and a junior in high school, was arrested after investigators linked him to the murder weapon. He was born in Thailand, but moved to Arizona after his mother married an airman stationed at Luke.

Doody and some friends had allegedly snuck into the monastery, robbed the people worshipping there, then lined them up and shot them.

One of his alleged accomplices, Alessandro Garcia, fingered Doody and testified against him in trial. Both were sentenced to multiple life sentences in prison.

But Doody's appeal rested on a 12-hour interrogation at the hands of sheriff's detectives. According to the ruling, Doody was read his Miranda rights, but refused to answer questions for hours before he finally admitted he was involved in the murders. The detectives did not allow his parents to be present during the interview.

At about 2:30 in the morning, after six hours of relentless questioning, Doody finally said the word "Yes," when asked if he had been at the temple. A half hour later, he broke down., and by the time the interview ended the next morning, he was sobbing.

"In short," the ruling says, "Doody paints an overall picture of downplayed warnings, a softly induced waiver of rights, and conduct conveying the message that Doody would not be left alone until he confessed, all targeted at an unsavvy, increasingly sleep-deprived teenager."

A jury convicted him of all nine murders and other crimes and he was sentenced to nine consecutive life sentences and additional years. His appeals languished in the federal court system for nine years.

Dershowitz became involved at the request of Doody's stepfather.

- The Arizona Republic / Nov. 20, 2008

[sriracha john]

Confession in 1991 temple deaths thrown out

TUCSON, Ariz. (AP / 2 hours ago) — A man who was convicted as a juvenile of killing nine people at a Thai Buddhist temple near Phoenix could go free after a federal appeals court threw out his confession Thursday, ruling that it was coerced.

The decision by a panel of the 9th U.S. Circuit Court of Appeals means the murder convictions of Johnathan Doody, who was 17 when convicted, will be overturned. He will be freed unless he is retried or the government successfully appeals.

Doody was convicted in February 1994 and given a 281-year prison sentence for the slayings of six priests, a nun and two helpers during a robbery at the Wat Promkunaram temple west of Phoenix. He is serving that term and another 11 lesser sentences at an Arizona prison.

Kent Cattani, chief counsel of criminal appeals in the state attorney general's office, said his agency will file a petition for a hearing by the full court.

"We're delighted with this ruling," said Vicky Eiger, who with renowned law partner Alan Dershowitz handled Doody's appeal over the past dozen years.

"The 9th Circuit saw the validity of the arguments we've been making from day one. This confession was not voluntary," Eiger added.

Joseph Maziarz, assistant Arizona attorney general in the criminal appeals section, said the federal panel found that a state court's determination that Doody's statements were voluntary was an "unreasonable application' of U.S. Supreme Court case law.

"We obviously disagree," Maziarz said.

The appellate judges noted that Doody did not confess to any involvement in the temple killings for more than five hours after his 12 1/2-hour interrogation began — after three officers had "subjected him to 45 minutes of repeated, overwhelmingly unanswered questions, interspersed with commands that Doody 'had' to answer."

The judges said, "This timing alone strongly suggests that his will was overcome ... by the officers' overall, interrelated, coercive messages that they would continue relentlessly questioning him until he told them what they wanted to hear, and that he would eventually have to do so."

Doody, who was born in Thailand to Buddhist parents, was spared the death penalty because a judge could not determine whether he was the trigger man.

Edited November 21, 2008 by sriracha john

[Scott]

Two places where it's best not to have a run-in with the law--Arizona and Texas!

[Groongthep]

Two places where it's best not to have a run-in with the law--Arizona and Texas!

Two places where it's best not to murder innocent people--Arizona and Texas!

[sriracha john]

New hope for Doody supporters

A US court rules the convicted monk-killer's confession involuntary.

The ruling by the Federal Court of Appeals in the United States is not a big win. But it gives lawyers and people working for Johnathan Doody a little light at the end of the tunnel in their bid to secure his release. The court ruled on Nov 20 that Doody's confession to law enforcement authorities was "involuntary". But Doody's lawyers admitted they had a long way to go to win the case. "Unfortunately that ruling does not lead to his immediate release," said Victoria Eiger, from Doody's legal team from law firm Dershowitz, Eiger & Adelson PC. The State of Arizona and authorities indicting him will fight back by asking the court to reconsider the ruling, she added. The case grabbed public attention here and overseas not only because Doody was Thai, but because of the cruelty of the murders at Wat Promkunaram in Phoenix. Doody was born Veerapol Khadkaew to Thai parents in Sung Noen district in Nakhon Ratchasima. After his father died, his mother La-ead married Brian Doody, an American air force officer, and moved to Arizona. Johnathan Doody was studying at high school when the murders were committed. Nine people - six Buddhist monks, a novice, a nun and a layman - were shot in the back of the head and laid in a circle like the prayer wheel inside the temple hall on Aug 10, 1991. A nun was among the slaughtered, said Mano Laohavanich, who followed the case from the beginning when he was in the monkhood based in California, and then known as Mettanando Bhikkhu. Doody is 34. He has spent 17 years at the state prison in Florence, Arizona.

Continued here:

http://www.bangkokpost.com/081208_News/08Dec2008_news11.php

[GuestHouse]

I think he did it..... he's got shifty eyes.

[taxexile]

Dershowitz, a Harvard law professor who has represented such high-profile clients criminals as O.J. Simpson , Mike Tyson, Patty Hearst, Michael Milken, and Claus von Bulow, said that he will seek to have Doody, 34, released from prison pending his retrial.

[sriracha john]

Former monk stands by convicted temple killer

First as a monk and then as a layman, Mano Laohavanich has been fighting for justice for Johnathan Doody, no matter what he has to sacrifice. 17 years ago Mano, then known as Mettanando Bhikkhu, was abbot of the Dhammakaya International Society of California, or Wat Dhammakaya California. When Doody was accused of the shocking murder of nine people, including six monks, a novice and a nun, at Wat Promkunaram in Phoenix on Aug 10, 1991, Mano was convinced the teenager with US citizenship, but born in Thailand was being made a scapegoat by US authorities. "There were no witnesses from the Thai community to tell the court of the cultural aspects of the facts. It was inconceivable that a person born of Thai parents would commit such a crime against monks," he said. His efforts were costly. Many Thai people in Arizona were angry with him, accusing him of causing a division in the Thai community. He was also blacklisted by senior monks in Thailand. After leaving the Dhammakaya International Society of California, Mettanando Bhikkhu stayed in several temples in Bangkok but finally left the monkhood, which had been his life for 25 years. He ran in the general election last year under the Chart Thai Party banner, but failed to win a seat. Now aged 52, he works as a spiritual consultant - but he

Continued here:

http://www.bangkokpost.com/081208_News/08Dec2008_news13.php

[GuestHouse]

It was inconceivable that a person born of Thai parents would commit such a crime against monks," he said

Is that is the case for the defense?

[imaneggspurt]

Dershowitz, a Harvard law professor who has represented such high-profile clients criminals as O.J. Simpson , Mike Tyson, Patty Hearst, Michael Milken, and Claus von Bulow, said that he will seek to have Doody, 34, released from prison pending his retrial.

Yes quite, im sure this same lawyer/(liar ) could get Stevie Wonder a driving licence !,.

[Sabum]

Sorry but I agree with the lawyer, based on the information here he was denied his right to stay silent, denied a lawyer, denied his parents which is also illegal since he was under age, the whole thing was done horribly wrong. If he was in fact guilty the police did a disservice by conducting an illegal interogation.

[SeerObserver]

It was inconceivable that a person born of Thai parents would commit such a crime against monks," he said

Is that is the case for the defense?

I don't know if you are sarcastic, but this is not the case for the defense, but rather Mano Laohavanich has that line of thinking which is what keeps him motivated in his effort regarding this matter. It is his personal belief, and the belief of many others. According to longstanding traditional Thai/Buddhist values, this is one of the most heinous acts one can commit.

Combining that with the circumstances surrounding the crime, the investigation, and the prosecution motivates the people in this group to persevere. I heard about the murders shortly after the fact, as it is a high-profile crime. The circumstances of Jonathan Doody's case were very interesting and I read about it and the efforts here and there in the years following. This recent news is the first new development I've heard in awhile.

[Buchholz]

Federal appeals court voids conviction of teen linked to 1991 murders again

PHOENIX — For the second time, a federal appeals court has voided the confession — and conviction — of a former teen in connection with the 1991 murders of nine people at a Buddhist temple in west Phoenix. In an 8-3 decision, the majority of the 9th U.S. Circuit Court of Appeals concluded Tuesday that Jonathan Doody, 17 at the time, was not properly informed of his legal rights. In fact, one of the judges said the warning he did get was so confusing as to be worse than no warning at all.

The ruling, unless overturned, means the state will have to retry Doody or release him. In a dissent for himself and two others, Judge Richard Tallman said the combination of written and spoken warnings to Doody “reasonably conveyed” his rights to an attorney and to remain silent. “The officers did not beat Doody,” Tallman wrote. The judge said he was held for 13 hours, not 13 days, was asked if he wanted his parents present and was told of his right to remain silent.

Prosecutors said Dody and another teen, Alessandro Garcia, went to the temple in hopes of stealing large amounts of gold they believed they would find. Investigators said the robbery netted $2,650 and some electronic equipment. Doody admitted to being at the scene but said he remained outside. Garcia, who agreed to plead guilty, testified that Doody shot the victims in the head with a .22-caliber rifle as he watched from the doorway. Six Thai Buddhist monks, an elderly women described as a nun and two young men who helped or studied at the temple were killed.

Continues:

http://www.yumasun.com/news/-69700--.html

Yuma Sun - May 5, 2011

[Beetlejuice]

My questions are:

What would have been the motive for the killings?

Surely if the murderers only intent was robbery, why would they bother at a place of worship which is going to bring a lot of attention onto themselves via the media? Also after the robbery, why did they kill a few monks and a nun?

I mean; robberies are committed all the time at stores, gasoline stations and banks. These hardly ever make the headlines, even back in 1991.

I think there is a lot more to this story and it is possible that someone or a gang had a grudge against the Temple, carried out the murders and this lad was used as a scapegoat.

[Millard]

It really is questionable who the real killers are. The police had extracted confession from four other people. It was proven later those people weren't the killers.

[NanLaew]

Dershowitz, a Harvard law professor who has represented such high-profile clients criminals as O.J. Simpson , Mike Tyson, Patty Hearst, Michael Milken, and Claus von Bulow, said that he will seek to have Doody, 34, released from prison pending his retrial.

Did anyone read Dershowitz's opinion on the bin Laden 'funeral' in the WSJ

If the law is an ass, this guy is the pyloric sphincter.

Edited May 7, 2011 by NanLaew

[Buchholz]

Judge to allow cameras during temple-murders retrial

How long does grief last? Maybe a lifetime.

On Tuesday, Fong Miller looked across a courtroom into the eyes of the man who was convicted of killing her son and her mother 20 years ago but was granted a new trial because of bad police work.

The defendant, Johnathan Doody, looked back impassively as he sat in chains and jailhouse stripes in the courtroom's jury box with the other defendants awaiting hearings. Miller burst into tears and fled.

Miller's son, Matthew, and her mother, Foy Sripanprasert, were among nine people killed in the notorious temple murders of August 1991. Doody, now 37, was at Maricopa County Superior Court on Tuesday for a hearing on whether to allow news cameras in his upcoming retrial.

Read more:

http://www.azcentral...l#ixzz1my1zocGL

The Arizona Republic

[Swiss1960]

Problem with America in those states, where Sheriff's get elected... so in any high profile case, specially when an election is coming up, they "must" present the killers to the public as fast as possible... no matter who he is, as long as he is - in the public eyes - credible to be the killer...

Good thing in American law is that any evidence seized illegally (no miranda rights, illegal search, no lawyers present, no parents present with underage kids etc.) is deemed unusable in court procedures - no matter whether this evidenc could actually proove the guilt of the arrested person...

Sheriffs that must get elected don't give a s*** about human rights, miranda rights etc. if their re-election depends on getting a conviction... the leave the problem for the follow-up court procedures, no matter whether an innocent person might spend years in prison...

Edited February 21, 2012 by Swiss1960

[oldsailor35]

When the new trial comes up. They need to ask the questions, how many shots were fired from the door, were there any misses or were they all clean head shots, was it proven that all the shots came from the door.

[Sing_Sling]

A typical mistake is to think that courts hand out justice, they don't. They hand out judgments based on th law and its procedures