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Brian Peixoto case update: Back in Court!

Written by Lisa Munger, M.Ed. Advocate

Friends and supporters, we are thrilled to inform you all that we are officially back in court!  What is truly remarkable is that so far we have had the cooperation of the DA’s office as there has been no opposition to the motions filed. We are hopeful that this is a strong indication that everyone is finally ready to learn what actually happened and why Brian is factually innocent. We look forward to a continued, cooperative effort in pursuit of the truth.

Brian’s legal team has been incredibly busy building the foundation for a Motion for New Trial. In July, a Motion to Compel, Search for and Provide Access to and Copies of Trial Exhibits was filed in Bristol Superior Court. Not only was there no opposition to the motion, but the DA made arrangements with one of Brian’s attorneys, Jack Cunha to turn over evidence.

Although the second pleading, a Motion for Access to Forensic Evidence was also not opposed by the DA, Brian’s legal team was before the court earlier this month to present the motion. As you can imagine, it was incredibly validating to hear the judge order the evidence to be turned over to the defense.

We are hoping this collaboration will continue as we progress, steadfast through the process.

This past January, Brian marked 25 years of incarceration for a crime he most assuredly did not commit. Brian is only looking ahead. His daughter, Amber was just 4 years old when he was taken from her life. Amber’s son, Anthony Brian will turn 4 later this year. He is hopeful that he will be home in time to pick up life with his grandson where he left off with his daughter.

In 1996, Brian was arrested and charged with murdering his then-girlfriend’s three-year-old son. From the very first police interrogation to this day, Brian has told only one version of events. Medical experts will attest that to a degree of medical certainty, Brian’s consistent accounting is the only one that makes sense based on the actual medical evidence. He would be the first to tell you that he is a realist. To hear him after a call with his legal team you would understand just how real the expectation is that his conviction will be overturned.

Brian is sponsored by the CPCS Innocence Program.  Director Lisa Kavanaugh has taken an active role to ensure that these post-conviction efforts proceed efficiently and effectively.  Nicole Collins, a legal fellow with CPCS has facilitated an in-depth review of all aspects of this case. Top Boston criminal defense attorney Jack Cunha is ready to lead this team into the courtroom. Former RI public defender and Injustice Anywhere board member, Jennifer Fitzgerald, has led the discovery of what will undoubtedly be specifically what will overturn Brian’s conviction. For years she has educated herself on complex medical issues and has relentlessly asked the questions and pursued every path. Private investigator John Nardizzi was the catalyst in pulling together this legal team.  He is the founding member of this team.

Our website includes the basic facts and court history of this case. Pages detail our long and arduous fight to prove Brian’s innocence. It will be updated with shocking and indisputable evidence of Brian’s innocence. We wholeheartedly believe that if the jury had all of the information we are about to present to the court that they would most likely have found Brian not guilty. Although we cannot get into specifics about the medical evidence or experts at this time, rest assured, you won’t need a medical degree to understand exactly what happened.

We have been incredibly fortunate with support from medical and legal experts and those with this unfortunate commonality.  This legal team is very hard at work drafting the Motion for New Trial. You are hearing this first here, on an Injustice Anywhere platform where these efforts began years ago.

Be sure to like us on Facebook and follow us on Twitter where we will be sure to keep you posted on our legal efforts as we are most definitively #onedaycloser.