Walter Ogrod Murder Conviction Vacated; District Attorney Krasner Issues Apology for Wrongful Conviction Under Prior Administration
CONTACT:
Jane Roh, District Attorney’s Office, 215–686–8711, Jane.Roh@phila.gov
PHILADELPHIA (June 5, 2020) — Following a hearing on the post-conviction relief petition of death row inmate Walter Ogrod that was supported by the Conviction Integrity Unit (CIU) of the District Attorney’s Office (DAO), Common Pleas Judge Shelley Robins New on Friday ruled in favor of Ogrod with support of the DAO and vacated his 1996 conviction for the murder of 4-year-old Barbara Jean Horn.
Judge Robins New also ordered a new trial for Ogrod, consistent with defense counsel’s request and the DAO’s support. The DAO has filed an additional motion request to decline to retry Ogrod, after finding him likely innocent of the crime for which he was convicted. A ruling on that motion is pending.
An investigation by the CIU under District Attorney Larry Krasner found that Ogrod’s rights had been violated throughout the initial Philadelphia Police investigation and through prosecution under a prior administration. A CIU review of forensic evidence from the police investigation and prosecution also undermined Ogrod’s conviction for Barbara Jean’s murder.
During virtual video court argument before Judge Robins New on Friday, CIU Assistant District Attorney (ADA) Carrie Wood apologized to Ogrod, to the family of Barbara Jean Horn, and to the City of Philadelphia.
“I am sorry it took 28 years for us to listen to what Barbara Jean was trying to tell us: that you are innocent, and that the words on your statement of confession came from Philadelphia Police detectives and not you,” ADA Wood said, directly addressing Ogrod, who also was participating virtually. “Not only did this misconduct result in 28 years of your life being stolen, but you were also threatened with execution based on falsehoods. On behalf of the District Attorney’s Office, I want to offer my sincerest apologies to you, your family, and friends.”
Ogrod came within just one vote of an acquittal following his first trial. He was tried a second time in 1996, convicted of murdering Barbara Jean in her home, and was sentenced to death.
But review by the CIU under District Attorney Krasner found that the second trial was marred by unreliable scientific and medical evidence, prosecutorial misconduct, Brady violations, and false testimony. The DAO’s finding that Ogrod is likely innocent, and nolle prosequi motion before the courts, strongly indicates that Ogrod was wrongfully imprisoned for nearly three decades on death row.
During the Zoom hearing on Friday, Judge Robins New agreed with all parties that Ogrod is likely innocent and that his continued incarceration would represent an ongoing miscarriage of justice. Sharon Fahy, mother of Barbara Jean, and her two sisters participated in the hearing at the DAO. Fahy has declared to the court that she agrees Ogrod did not commit the crime for which he was convicted, and that she was “angry that the person who took my daughter’s life is likely walking free.”
During its investigation, the CIU consulted with multiple, nationally recognized experts in many fields including forensic neuropathology, biomechanics, law enforcement interrogation tactics, false confessions, and jailhouse informant testimony. Many of the original witnesses were re-interviewed and new witnesses were identified and interviewed. Thousands of pages of documents related to Ogrod’s case were reviewed in conjunction with thousands of pages of documents in the cases where the two jailhouse informants had previously provided what is now believed to be suspect information and testimony.
“I must apologize to Sharon Fahy and her family,” ADA Wood said. “This office has not told you the truth about what happened to your little girl for so many years. The errors made in this case made the streets less safe, and I fear the perpetrator in this case, having been left on the streets, may have brought harm to others. That is the impact of the failure of wrongful convictions on our community. And for that, this office must apologize. And, we must do better.”
District Attorney Krasner said: “I want to thank ADA Wood and the Conviction Integrity Unit led by ADA Patricia Cummings for their principled and persistent determination to seek justice based on facts and evidence, always. On behalf of this office, I apologize to Walter Ogrod and his family. I hope he will soon be officially declared innocent of this horrendous crime, making him the 13th individual to be exonerated under my administration. I also express my heartfelt gratitude to Sharon Fahy and her family, who have lived through unimaginable pain and trauma, but nonetheless spoke up when they realized Walter was innocent, and who are still awaiting justice for the murder of their little girl 31 years ago.”
Photos of District Attorney Krasner, CIU ADAs Cummings and Wood, and Barbara Jean’s mother and aunts exiting the virtual courtroom immediately following Judge Robins New’s ruling are below. Video of their press conference can be found on the DAO YouTube channel.
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The Philadelphia District Attorney’s Office is the largest prosecutor’s office in Pennsylvania, and one of the largest in the nation. It serves the more than 1.5 million citizens of the City and County of Philadelphia, employing 600 lawyers, detectives, and support staff. The District Attorney’s Office is responsible for prosecution of approximately 40,000 criminal cases annually.
