Mike Chapel Update

On October 8^th, 1997, a hearing was held in the courtroom of Judge Fred Bishop of Gwinnett County. The Judge presided. The hearing was held to consider a motion for a new trial for Michael Chapel. The motion was offered by Randy Mott on behalf of Mike Chapel. Grounds for support of the motion. The motion, as grounds cited the issues of "Ineffective Assistance of Counsel" and additionally offered new evidence, primarily the testimony of expert witnesses which would prove from three dimensional computer models that Mike Chapel did not fire the shots which killed Emogene Thompson on the night of April 15, 1993. Opposing the motion was Gwinnett County District Attorney Danny Porter.

As you all probably know by now - Judge Fred Bishop denied both motions; for an extension and for new trial.

The whole hearing looked more like a football game then court of justice....complete with cameras rolling and blood thirsty reporters from some fame hungry little county newspapers who supported their local team. Defense will appeal within 30 days the judges decision and does not intend to quit. Will there be a new trial? You betcha... Sometimes you have to lose to win.

The defense offered the testimony of approximately 12 witnesses in support of the ineffective assistance of counsel issue.

Prominent among these were Dennis Miller, the original investigator for the defense in 1994 and 1995, testified that Johnny Moore and Elizabeth Rogan did not use the information that he developed in the original trial;

Dana Blount, testified that she heard Micheal Thompson say that "he knew that Mike Chapel was innocent of the murder of his mother but intended to sue the county for 33 million dollars";

Steve Mitchell, testified that Mike Chapel was "set up" by members of the Gwinnett County Police Department;

……and Quint Rutland, AKA Bulldog, who testified that he was involved in drug protection payoffs to J.P. Morgan and that to his knowledge, Michael Thompson, the victims son, was involved in illegal drug activities as a "gopher" for J.P. Morgan and conspired with him to kill Emogene Thompson who discovered her son’s involvement with drug ring..

The prosecution offered only the testimony of Johnny Moore, the defense attorney in the original trial of Mike Chapel. Mr. Moore answered questions regarding why he did not have Mike Chapel’s raincoat tested for blood and gun powder stains when in fact if Chapel had fired the fatal shots wearing that raincoat there is no way that they could have been avoided;

……..why he did not bring the jury to the crime scene at night for a crime re-enactment, even though there had been much testimony that it was impossible to see anything in the driveway of the Gwinco Muffler Shop at night, even without a severe rain storm being in progress;

……..why he did not ask Dana Blount about the Mike Thompson statement, even though Ms. Blount testified that she told the defense team about the statement prior to the trial;

……..and why he did not present evidence of an expert study that proved that it was impossible for the events described by the eye witness, Karl Kautter to have occurred, even though experts from the Department of Transportation had made such a study for the defense prior to the trial.

Because the defense had not been able to secure original autopsy photographs of the victim from the prosecution and from Johnny Moore, and from the Medical Examiners of both Gwinnett and Fulton County (City of Atlanta), the blood spatter and bullet trajectory witnesses were not ready to give testimony at this time, and the defense requested a thirty day continuance from Judge Bishop. This request was denied.

After final arguments, Judge Bishop denied the motion for a new trial. Given the nature of the circumstances of this case, this action was not entirely unexpected. The defense of Mike Chapel will proceed. The first appeal will be in the matter of Judge Bishop’s denial of a continuance to allow the defense to bring forward what it contends to be incontrovertible evidence of the innocence of Mike Chapel. If this is denied, other appeals to higher courts will be filed by the defense.

The fight goes on.