Lorain County Prosecutor J.D. Tomlinson filed motions with Lorain County Common Pleas Court to reopen cases against four men who were convicted of a murder in Lorain more than thee decades ago. Two of the four men remain in prison, while the other two have been released after serving years behind bars for the crime. J.D. Tomlinson (Submitted) “As Lorain County Prosecutor, I hold as sacred my duty to seek justice — not merely to secure convictions,” Tomlinson wrote in his motions. “Justice demands fairness, integrity, and an unwavering commitment to truth, even when it challenges past decisions.” On Dec. 2, Tomlinson filed a joint motion with defense counsel requesting a new trial for Alfred Cleveland, Benson Davis, John Edwards and Lenworth Edwards, who were convicted of the 1991 murder of Marsha Blakely. The men also were suspected in the murder of Blakely’s roommate, Floyd Epps, according to a news release from the Lorain County Prosecutor’s Office. “If the court grants this motion, I will move to dismiss all charges against these four men,” Tomlinson wrote. “This decision was not made lightly. It comes after a painstaking review of the evidence, testimony, and circumstances surrounding these convictions. “Marsha Blakely’s murder was a devastating crime that shattered her family and sent shockwaves throughout our community. I remain committed to honoring her memory and ensuring that justice prevails.” The original investigators in this case worked with dedication and professionalism under difficult circumstances, pursuing answers in the face of a horrific tragedy, Tomlinson wrote. “This is not an effort to cast blame, but rather an acknowledgment that new evidence and deeper scrutiny demand action.” Credible witness? At the heart of these convictions was the testimony of William Avery Jr., a witness whose credibility has since unraveled entirely, according to the release. Related Articles Local News | State of emergency declared in Ashtabula, Cuyahoga, Geauga, Lake counties Local News | Officials break ground on Lake County Public Safety Center in Painesville Local News | American Legion Jay Wilson Post Auxiliary again setting up a Giving Tree Local News | Lake County officials recognize ‘Be a Santa to a Senior’ program Local News | Great Lakes region braces for more snow while cleaning up after lake-effect storms Avery’s initial statements to police changed several times and were made only after he learned of a $2,000 reward, the release stated. His statements were the vital part of the prosecution’s case, Tomlinson wrote. However, before the first trial began, Avery demanded an additional $10,000 to testify, Tomlinson wrote. “When this demand was denied, he refused to take the stand, later admitting that his original statements were fabrications made to claim the reward,” Tomlinson wrote. In 1991, after recanting his prior statements to police, Avery later claimed he was coerced into doing so by an unsubstantiated threat from Edwards and a corrections officer at the Lorain County Jail, Tomlinson wrote. “Despite these dubious claims, the State of Ohio continued to utilize Avery’s tainted testimony in four subsequent trials,” he wrote. Recanted testimony In 2004, Avery voluntarily recanted his testimony in a statement to the Federal Bureau of Investigation and implicated his father, William Avery Sr., as the perpetrator of the Blakely killing, Tomlinson wrote. In 2006, Avery formalized this recantation in a signed affidavit, declaring: “I never witnessed the murder of Marsha Blakely. This was a story my father told me to tell,” according to the news release. These recantations, made without reward or incentive, are fatal to the prospect of pursuing new trials, Tomlinson wrote. “To Marsha Blakely’s family and friends, I extend my deepest condolences. Her death was a senseless tragedy, and her loss continues to reverberate through our community. This decision does not diminish the gravity of her loss, or the pain suffered by those who loved her. This decision, as well, is made to ensure that the pursuit of justice remains rooted in truth and fairness.” — Lorain County Prosecutor J.D. Tomlinson The defendants never had the opportunity to present Avery’s 2004 and 2006 recantations in court or to argue that Avery had identified his father as a suspect in the murder, Tomlinson wrote. “These recantations, combined with the complete lack of physical evidence linking the defendants to the crime, undermine the very foundation of these convictions,” he wrote. “Even without Avery’s testimony, the remaining evidence against the defendants collapses under scrutiny.” Avery alleged that Blakely was brutally beaten by four men for 20 minutes in a small apartment before her murder. Avery specifically claimed that chairs, a mattress and a table were overturned during the lengthy and brutal assault, leaving the place in shambles, Tomlinson wrote. Yet, photographs of the alleged crime scene, taken shortly after police arrived, show no overturned furniture, no blood and no signs of a violent struggle, he wrote. Witnesses who visited the apartment during the timeframe Avery described, including Blakely’s boyfriend, testified they saw no evidence of an assault, the prosecutor wrote. Additionally, several witnesses reported seeing Blakely alive after the alleged assault. Avery also initially told investigators that he didn’t know where Blakely’s roommate Floyd Epps lived, but he later contradicted that statement in trial testimony, Tomlinson wrote. In his initial statement to police, Avery alleged that a woman’s car was used by the defendants to transport Blakely’s bloody and beaten body to the scene of her eventual murder, he wrote. Despite this assertion, multiple searches and forensic examinations of the car found no evidence that Blakely had ever been in the car, Tomlinson wrote. Avery later testified at trial that he did not recognize the car allegedly used by the defendants to transport Blakely, further eroding the reliability of his account, he wrote. The state of Ohio claimed that a jacket provided to police by Edwards’ girlfriend supported Avery’s version of the events. The jacket contained small droplets of blood later determined to belong to Edwards, not Blakely, Tomlinson wrote. Prosecutors argued this detail corroborated Avery’s claim that Blakely struck Edwards in the nose during the assault. However, Avery initially described the defendants as wearing black clothing and suggested that Edwards may have been wearing a yellow jacket, not the jean jacket given to investigators by Edward’s girlfriend, Dianne Guice, Tomlinson wrote. “Guice also admitted that after turning the jacket over to police, she mentioned it to others, raising serious questions about whether Avery incorporated this detail into his original statement to police on September 11, 1991, after learning it from outside sources,” Tomlinson wrote. “Alibi evidence further dismantles the case. “Alfred Cleveland provided documentation that strongly suggested he was in New York City at the time of the murder. John Edwards presented witnesses who placed him at a local bar during the hours Avery claimed the crime occurred.” These accounts, coupled with the absence of any physical evidence linking the defendants to the crime scene, cast insurmountable doubt on the prosecution’s timeline and narrative, Tomlinson wrote Without Avery’s testimony, there is no credible evidence linking these four men to the crime, he wrote. “During the course of my investigation, I visited the crime scenes, reviewed reports, trial transcripts, and testimony, and met with interested parties on both sides,” Tomlinson wrote. “I searched for evidence to corroborate the convictions, but instead, I found serious flaws in the case that cast overwhelming doubt-doubt in the physical evidence, doubt in Avery’s testimony, and doubt in the state’s ability to meet its burden of proof. “To this day, William Avery Jr. remains the only person to place himself at the scene of the beating and subsequent murder of Ms. Blakely. Based on the available evidence, the most likely suspects remain William Avery Sr. and, perhaps, Avery Jr. himself. “Reports indicate that William Avery Sr. and Ms. Blakely had a tumultuous relationship, further raising the likelihood of Avery Sr.’s involvement in her murder.” Adding to the complexity of this case is the fact that Blakely’s roommate, Floyd Epps, also was murdered on the same night in strikingly similar ways, Tomlinson wrote. The similarity of these offenses and the fact that they were committed around the same time reflect a connection that never was fully explored by the state, he wrote. Senseless tragedy Tomlinson wrote that he extended his sympathies to Blakely’s family. “To Marsha Blakely’s family and friends, I extend my deepest condolences,” he wrote. “Her death was a senseless tragedy, and her loss continues to reverberate through our community. “This decision does not diminish the gravity of her loss, or the pain suffered by those who loved her. This decision, as well, is made to ensure that the pursuit of justice remains rooted in truth and fairness. “Justice demands action, even when it is difficult. It requires the humility to acknowledge when a case does not meet the high standards required by our legal system, and the courage to correct a mistake.” Blakely’s family could not be reached for comment.