The state’s highest appeals court on Wednesday denied a new trial for a Montrose man convicted in 2008 of murder after authorities found a decomposing body in his garage.
Attorneys for Steven Mark Weinstein argued the 49-year-old deserved a second trial because a jailhouse snitch who said Weinstein confessed to him had a much deeper history of mental illness, including auditory hallucinations, than he testified about.
The Texas Court of Criminal Appeals ruled that Weinstein’s attorneys did not prove the false testimony affected the jury’s verdict.
In 2008, Weinstein’s cellmate, Nathan Adams, cut a deal to get out jail by testifying that Weinstein confessed to him that he had strangled Jerry Glaspie in January 2007 after a $14,000 drug deal went bad.
The 28-year-old’s decomposing body was found in the trunk of a car in Weinstein’s garage in March 2007 after neighbors complained of a foul odor.
Glaspie was found handcuffed, his feet tied, and his mouth taped.
During Weinstein’s 2008 trial, Adams, who had more than 10 convictions on his record, testified he had bipolar disorder and said he did not have auditory or visual hallucinations, according to court records.
Prosecutors and defense attorneys for Weinstein said they did not look at Adams’ psychiatric records, which showed a long history of paranoia, “hearing voices” and other mental health issues.
After Weinstein was convicted and sentenced to 30 years in prison, an appeals attorney argued that Adams’ “false testimony” should grant Weinstein a new trial.
Source: Chron.com