WRONGLY CONVICTED?

Lee Jordan, news anchor:  “Earlier this week an appeals court in Portage County heard arguments on whether their convictions should be thrown out.  News Channel 5’s Ted Hart has more in tonight’s Special Assignment.

Bob Gondor:  “…they knew ... they knew before they ever went to the grand jury ... that the evidence they were presenting them was false.”

Randy Resh:  “I'm still bitter ... I'm angry...yeah, I mean you’re locked up in prison for 12 years for something you didn't do...you’re going to be angry.”

James Owen, lawyer:  “What we found is probably one of the most telling documents I've ever seen.”

Bob Gondor:  “It’s verified in black and white ... we found in their file.”

Ted Hart, reporter:  “Bob Gondor and Randy Resh went to prison in 1990.  Convicted of killing 31-year-old Connie Nardi in Portage County.  Sent to prison based largely on the testimony of a third defendant, Troy Busta.” 

”They were all here the night of the murder, at the Upper Deck Bar in Mantua drinking heavily.  Nardi left with Busta on his motorcycle.  Gondor and Resh also left the bar a few minutes later.  The next day, Connie Nardi’s body was found in the water off of Rapids Road a few miles away.  Investigators focused on all three as primary suspects.”

Bob Gondor:  “He told me the first guy who cracks ... he said that's the guy who’s going to get the best deal.  I told him I said I don't want any deals ... I said I wasn't involved in this. 

Ted Hart:  “It was Busta who took the deal and testified against the other two.  But years later, Attorney James Owen took up the cause of Gondor and Resh and found the answer to their prayers right inside the prosecutor’s case file.”

James Owen:  “It's a transcript of a conversation between Busta and his two lawyers where they literally tell him precisely what he has to say.  How he has to implicate Resh and Gondor to get a deal.” 

Ted Hart:  “The transcript shows pressure being exerted on Busta on what to say to police.  Busta says to his lawyers, “I don’t know who did this” and “I never witnessed any kind of hitting, they never hit her, they never slapped her in front of me.”  But then Busta is told his story is falling apart.”  

James Owen:  “And they tell him over and over and over again that he has to testify that either Resh or Gondor beat in Connie Nardi's face because her face was beat in and he says over and over again - he didn't see it.”

Ted Hart:  “The pressure worked.  At trial, Busta did testify that Resh and Gondor struck Nardi several times and that Resh strangled her.  Also at trial devastating evidence that stains found in the bedliner of Gondor’s pickup truck were human blood.  In fact, tests performed ruled out blood and found that the stains were “Most likely perspiration.”

James Owen:  “No reasonable jury armed with these facts, with the truth, would ever
convict Resh and Gondor.”

Ted Hart:  “Gondor says he and Resh actually went to another bar and then returned to the Upper Deck.  Not long after that, Busta returned on his motorcycle alone.  So to investigators the three of them left the bar and returned at about the same time.  A coincidence says Resh.”

Randy Resh:  “Troy Busta knows the truth.  He knows we weren't with him.”

Ted Hart: “Last year after seeing the new evidence, a Portage County judge overturned their convictions granting them new trials saying that, “There is a reasonable probability that the result of the trials would have been different.”  But Gondor and Resh remain behind bars while the prosecutor appeals that ruling.  They are hopeful though that they will get a second chance.” 

Bob Gondor:  “I want a fair trial ... that's all we've ever asked for.”

Ted Hart:  “For special assignment…Ted Hart...Newschannel Five.”

Lee Jordan:  “The Appeals Court says it may be as long as three months before it issues a decision in this case.”