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Undisclosed: Toward Justice

S3, The State v. Dennis Perry - Episode 22 – You'll Have Your Answer

Undisclosed: Toward Justice

mital

News, Society & Culture, True Crime

4.210.5K Ratings

🗓️ 4 May 2020

⏱️ 57 minutes

🧾️ Download transcript

Summary

May 3, 2020 / Following new DNA testing on an old suspect, Dennis Perry's attorneys have filed an Extraordinary Motion for a New Trial in Glynn County Superior Court, seeking to overturn his conviction.

#undisclosed #freedennisperry

 

Transcript

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0:00.0

In 2018, we covered the case of Dennis Perry in season three of our podcast.

0:14.7

Dennis is now serving two life sentences for the murder of Harold and Thelma Swain, who were shot down in the entryway of their small

0:21.0

rural church in Waverly, Georgia in 1985.

0:24.7

It wasn't until 15 years later that Dennis Perry was arrested for the crime.

0:29.1

After the case was reopened and a new investigator was brought on to solve what was by then,

0:34.3

Camden County's most notorious unsolved cold case. At Dennis's trial, the evidence

0:39.9

against him consisted primarily of two problematic eyewitness identifications. The testimony of a woman

0:46.1

named Jane Beaver, who claimed Dennis told her in advance of his plans to commit a murder,

0:51.0

but who had secretly been promised $25,000 if her testimony resulted in his

0:55.7

conviction. And a statement made by Dennis after his arrest which police officers would describe

1:00.7

as a confession. Despite the fact, not one of them had made a record of any statements Dennis made

1:06.6

that can be described as an admission of being involved in any crime. It was on this evidence that

1:12.8

Dennis Perry was convicted. The jury was just about to begin deliberations on whether Dennis should

1:17.7

be executed when the prosecutor came to him with an offer. Forfeit any right to appeal your

1:23.2

conviction the prosecutor told him, and your life will be spared. Instead of the death penalty,

1:28.6

you'll get two life sentences. Dennis accepted the sentencing agreement, but he has never

1:34.3

stopped maintaining his innocence in this crime. A few months after season three of this podcast came to a close,

1:48.0

Dennis' attorneys at the Georgia Innocence Project and King and Spalding filed a habeas petition on his behalf,

1:54.0

challenging his conviction on the basis of numerous due process violations,

1:57.9

including the prosecutor's intentional withholding of exculpatory evidence and the

2:02.5

resulting ineffective assistance of counsel. The Attorney General's office moved to dismiss Dennis's

2:08.0

petition, arguing, among other things, that Dennis Perry was procedurally barred from raising a challenge

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