Tyrone Noling - Court Finds His Friends' Affidavits Don't Cut It
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This is a follow-up post regarding Tyrone Noling, who claims he is innocent for the 1996 murder of an elderly couple, Bearnhardt & Cora Hartig. Noling was fingered by three of his buddies, some of whom were testifying under a grant of immunity. Last year, Judge Donald C. Nugent of the United States District Court for the Northern District of Ohio denied Tyrone Noling's Petition for Writ of Habeas Corpus. Here is a particularly relevant portion of the Court's Memorandum Opinion:
"Even if it did not defer to the Eleventh District's findings, this Court would find that Noling's assertion of actual innocence falls far short of demonstrating that he is 'probably innocent.' The three affidavits of the co-defendants, if taken as credible, would require this Court to accept that they had absolutely no involvement in the Hartig murders despite the fact that they were able to supply the police with multiple details about how it occurred. Moreover, the trial testimony of Robyn Elliot, who stated that shortly after the murders occurred, Noling asked her if she had heard about them and became agitated with Wolcott when he thought Wolcott had called the police, belies the self-interested assertions of the co-defendants that none of them had any involvement in the murders. The co-defendants' affidavits serve only to contradict, but not undermine, the inculpating trial testimony. They do not establish that Noling is 'probably innocent' of the Hartig murders." (Memorandum Opinion at p. 37).
We doubt that tip line phone is ringing. . .
