Murder conviction vacated, new trial ordered

John Grega walked out of the Springfield prison Wednesday, carrying two bags filled with belongings he accumulated in his nearly two decades behind bars and wearing a broad smile.
http://www.rutlandherald.com/article/20120823/NEWS02/708239884

Published August 23, 2012 in the Rutland Herald Grega’s murder conviction vacated, new trial ordered By Alan J. KEAYS and Patrick McArdle STAFF WRITERS SPRINGFIELD — John Grega walked out of the Springfield prison Wednesday, carrying two bags filled with belongings he accumulated in his nearly two decades behind bars and wearing a broad smile. “I’m like in shock, total shock,” Grega said as he hugged the handful of family and friends gathered in the prison’s parking lot to greet the first person in Vermont sentenced to life in prison without the possibility of parole. A judge this week vacated the conviction of Grega, who was found guilty of the 1994 murder of his wife, and ordered a new trial after DNA evidence that came to light last month cast doubt on Grega’s guilt. “I always said I would walk out,” a tearful Grega told his family and friends outside the prison. “You’re out,” one of them replied as another handed him two cigars. His friends and family spent the morning and early afternoon Wednesday on the road, driving to Springfield from their homes in Long Island, N.Y. A day earlier they learned Grega would be freed after posting $75,000 bail. They arrived in one vehicle at the prison’s parking lot in the late afternoon and waited roughly an hour before they got their first look at Grega. He walked out of the jail and into the bright sunshine and was greeted with a kiss from his mother, Marion Grega. “You’re so skinny,” one family member told him. “I’ll fatten him up,” his mother replied, after pledging earlier in the day to cook some of her son’s favorite meals in the week ahead, including stuffed cabbage. In addition to his family and friends, Grega shared hugs with his legal team: Ian Carleton, a Burlington attorney who has represented Grega since 2004, and Gretchen Bennett, executive director of the New England Innocence Project. Bennett consulted with Grega’s attorneys as they went through the process of having the DNA tested and built the innocence claim that led to the judge’s order earlier this week. Grega declined to answer questions from reporters on the advice of his attorneys. In an order dated Tuesday, Judge John Wesley of Windham County civil court agreed to a request from both prosecution and defense attorneys to grant Grega a new trial in the case that has drawn attention to DNA evidence and Vermont’s legal system. A hearing had been scheduled for Friday to determine whether Grega would be set free and granted a new trial, but it was canceled after Wesley ruled on a motion filed Monday. The motion was filed jointly by Tracy Kelly Shriver, the Windham County state’s attorney, and Grega’s attorney, Carleton. Both sides stipulated to the request that Grega be released pending a new trial and that certain conditions be set for his release. These include that Grega not be allowed to contact his late wife’s family or possess a passport, and that he must live with his mother in Lake Ronkonkoma, N.Y. The only explanation given in the joint motion is that it was filed “in light of the recently discovered DNA evidence” and that both Grega and the state “agree that this is an appropriate resolution to this proceeding.” Grega requested that Wesley remain on the case because he had already been involved for two years. The state took no position on the request and Wesley denied it, but pointed out he was already scheduled to preside over Windham County criminal court as of Sept. 4. The prosecution had filed a motion on July 27 asking the court to uphold Grega’s conviction and deny his request for a new trial. On Wednesday, Shriver said she had made a request for time to complete additional testing but the request was denied. “I was faced with the hearing. I looked at the evidence,” Shriver said. “My job is to seek justice and under the legal standard, I could not go forward opposing the motion because without more information I could not meet the legal standard required for opposing the motion.” However, Shriver said the joint motion did not mean she had changed her mind about prosecuting Grega for his wife’s killing. “Absolutely not,” she said. “The state is preparing for a new trial.” Grega, 50, of Lake Grove, N.Y., has been in prison for 18 years. In 1995, he was convicted of the aggravated sexual assault and murder of his wife, Christine Grega, 31, whose body was found in the bathtub of a West Dover condominium where John and Christine had been vacationing with their 2-year-old son. Grega told police he had been at a playground with his son before returning to find her body in the bathtub on the day of the murder. Investigators determined that Christine Grega had been strangled and sexually assaulted and appeared to have been physically assaulted. Police said Grega told them he and his wife had engaged in rough sex before her death, which might have explained the signs of physical assault, but he denied killing her. If he is found innocent in the new trial, he would be the first person in Vermont exonerated through DNA evidence. Skin cells from an unknown man were identified from a sample taken from inside Christine Grega’s body. Grega was able to order the tests through a state law, the 2008 Innocence Protection Act. Attorneys representing Grega suggested that two house painters, who worked in the complex where the condominium was located, may have been responsible for Christine Grega’s death. But Shriver said DNA from both the house painters, who voluntarily gave DNA samples, was tested and neither matched the skin cells found inside Christine Grega. The date for Grega’s new trial has not been set but Wesley said in his order a scheduling conference would be set “as soon as practicable.” Bennett, of the Innocence Project, said Wednesday it was too soon to predict what would happen next in the case. “Nobody really knows how this is going to go,” she said. “This is actually a case of first impression in Vermont. This hasn’t happened in Vermont before.” In the meantime, Grega will be living with his mother on Long Island. “I don’t know what we’re going to be doing the first night; all he asked for was a Snapple so we bought him a Snapple,” Marion Grega said Wednesday before her son’s release from prison. John Grega, standing the prison parking lot, said he looked forward to much more than getting a taste of his favorite strawberry-kiwi-flavored drink. “I can’t wait to see the night sky again,” he told his family and friends.