Marcy Faith Carapezza and Jason Hughes remained confined in the Lyon County Jail this morning, in lieu of $40,000 bonds that would release them during an appeal of their cases in district court.
Carapezza and Hughes were convicted in July 2005 for the May 2004 beating death of Emporian Mary Clark.
Carapezza was sentenced to life in prison for the murder, and to 83 months for aggravated robbery, 34 months for aggravated burglary, and 12 months for misdemeanor theft.
Hughes was sentenced to life in prison for the murder charge and 32 months for aggravated burglary.
Their sentences were overturned on a 4-3 vote by the Kansas Supreme Court on the grounds that testimony from an expert witness could have biased the jury in the case. The witness testified about the propensity of crack cocaine users to commit crimes to support their drug habits.
Another woman, Molly Paico, pleaded guilty to lesser charges and became a witness for the prosecution in the Carapezza and Hughes cases.
Paico, who had worked for Clark, told authorities about her own role in the attack on Clark, as well as Carapezza’s and Hughes’ involvement.
In the Supreme Court’s order to re-try the pair, justices cautioned the Lyon County judge to review testimony that might create a Kastigar situation, in which evidence and testimony used in a trial had been tainted because it was derived from immune testimony.
Chief Judge Merlin Wheeler ruled last week that such a situation existed at the pair’s first trial, and ordered that much of the evidence and numerous witnesses — including the Emporia Police Department’s deputy chief as well as detectives — could not be involved in the subsequent investigation and re-trial because of their exposure to and alleged use of the immune testimony.
Special Prosecutor Rod Symmonds appealed Wheeler’s decision on Friday. The appeal will be heard by the Kansas Supreme Court, although the time line for the review is not known.
In the interim, Carapezza and Hughes are eligible to be released on $40,000 cash or surety bonds.
The conditions of bond set by Wheeler in both cases include, but are not limited to:
- House arrest with electronic monitoring
- Not to leave Kansas
- Must sign a waiver of extradition before release
- No contact with victims or witnesses or each other
- No possession or consumption of alcohol or illegal drugs or prescription drugs, except for the purpose for which they are prescribed
- No firearm or weapons of any kind
- Not to be where alcohol or illegal drugs are consumed or sold
- Lab testing to confirm compliance
- Defense attorney will contact Terry Morgan at Court Services if defendant cannot fulfill conditions of bond.
Comments
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Wendy (anonymous) says...
I was in jail recently with Marcie - she is innocent.
It's more than time for her to be released.
It hurts my heart knowing she has been robbed or near 6 years, all on the testimony of a murderer, that admitted she lied.
It's horrible!
April 22, 2009 at 5:41 a.m. ( permalink | suggest removal )
biscuitboy (anonymous) says...
I do not know all the pertinent info about this case....but it would seem to me if these two paragons of virtue were in the house where that old lady was beat to death....at the tine the beating occurred....THEY ARE GUILTY OF SOMETHING!!!! That was a horrible and disgusting crime and weather or not she actually killed the old lady herself...if "marcie" was there she is not innocent.
April 22, 2009 at 7:11 a.m. ( permalink | suggest removal )
Weltha (anonymous) says...
"I was in jail recently with Marcie - she is innocent."
WOW! I believe everything this person says to be true. NOT!
April 22, 2009 at 12:06 p.m. ( permalink | suggest removal )
butterfly (anonymous) says...
well, unless she was getting beat at the same time as the woman who died - sorry she is guilty.
one more example of how the criminal justice system often works in favor of criminals. maybe it does pay to break the law.....you may just get away with it!
April 22, 2009 at 12:23 p.m. ( permalink | suggest removal )
Weltha (anonymous) says...
You certainly have more rights as a criminal than as a law abiding citizen thats for sure... Just a little sarcasm.
April 22, 2009 at 12:25 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
Seriously, doesn't pretty much everybody in jail claim to be innocent?
Maybe it's more than time that they all get released.
We could go to all the jails and prisons and have all the inmates raise their hands if they are innocent and those that raise their hands we let go. Think of all the money we could save. It could go to health care. We could have everybody who wants money for health care raise their hand and everybody that does we could cut them a big check. I'm full of good ideas today............ or maybe something else.;)
April 22, 2009 at 1:05 p.m. ( permalink | suggest removal )
neighbor (anonymous) says...
Although the worst of the bunch gave our County Attorney a major public wedgy by conning him into granting her immunity to testify, Marcy is not innocent by any means IMO.
April 22, 2009 at 2:53 p.m. ( permalink | suggest removal )