The Akron Legal News

Murderer convicted in 1994 of beating victim to death loses another appeal

ANNIE YAMSON
Special to the Legal News
Published: August 7, 2015

The judgment of the Trumbull County Court of Common Pleas in the case of Alfonsia Perry was recently affirmed when a reviewing court declined to grant a new trial in a murder case.

Perry appealed to the 11th District Court of Appeals from a judgment entry that denied his motion for leave to file for a new trial based on newly discovered evidence.

“The issue before this court is whether a motion for leave to file a motion for new trial, based on newly discovered evidence under Criminal Rule 33(A)(6) is timely when filed over five years after the movant is made aware of the evidence,” Judge Diane Grendell wrote in the opinion she authored on behalf of a three-judge appellate panel.

Case summary states that Perry was found guilty of aggravated murder in November 1994 and was sentenced to life in prison.

His conviction and sentence have been affirmed in multiple successive appeals.

On March 19, 2014, Perry filed a motion requesting leave to file a motion for a new trial based on his allegation that his conviction “rested exclusively on an illegal autopsy performed by Dr. Cox (the former Summit County Coroner) in determining the cause of death of Jeanette Purdue.”

According to Perry, Cox’s autopsy of the victim was illegal because it was performed in contravention of the statutes defining the authority of county coroners to perform autopsies.

In his appellate brief, Perry stated that “while diligently researching” his case, he discovered that Cox had been convicted of performing illegal autopsies during the time period that he had been convicted, “raising serious questions as to the authenticity of the testimony of Dr. Cox’s involvement in his trial.”

In a footnote to her opinion, Grendell made sure to note that Perry testified in his own defense at trial.

While on the stand, Perry admitted to beating Purdue to death using bed slats and other objects.

Despite that admission of guilt, the court of appeals reviewed the trial court’s denial of Perry’s motion to file for a new trial. It found no abuse of discretion on the part of the lower court.

“As noted by the trial court, Perry had been aware of Cox’s improprieties for years,” Grendell wrote.

The appellate panel noted that, in various filings from 2008, Perry complained that the former Trumbull County Coroner who testified at his trial did not do so based on personal knowledge of the facts, but “only testified to reports written by a forensic scientist, William Cox of Summit County.”

Cox later pleaded guilty to unethical misuse of office and violation of public trust for accepting improper compensations and lost his employment as a pathologist.

“Assuming, arguendo, that Perry’s indictment and/or conviction were procured by Cox’s fraudulent testimony, his conviction would not, therefore, be rendered void and subject to challenge at any time,” Grendell wrote.

Citing R.C. 2941.29, the court of appeals held that no conviction can be “set aside or reversed on account of any defect in form or substance of the indictment or information unless the objection to such indictment or information, specifically stating the defect claimed, is made prior to the commencement of the trial, or at such time thereafter as the court permits.”

Since Perry’s claim was not raised properly, the court of appeal concluded that his assignment of error was without merit.

“For the foregoing reasons, the judgment of the Trumbull County Court of Common Pleas, denying Perry’s motion for leave to file for a new trial and motion for judgment on the pleadings, is affirmed,” Grendell concluded.

Judge Cynthia Westcott Rice and Colleen Mary O’Toole concurred.

The case is cited State v. Perry, 2015-Ohio-2899.

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