New Evidence Obtained
(T.T. Represents Trial Transcripts)
Megan and Mario’s recorded interviews were transcribed for content review post-con viction. Once transcribed it was discovered Detective Shea specifically asked Megan did she remember where Mario was the day of the November 15, 2008 fire. Excerpts from Mario’s June 10, 2009 interview were also transcribed post-conviction which
shows Detective Sullivan questioning Mario about his whereabouts the day of the fire. Sullivan Abruptly tells Mario, “Megan told us (Sullivan & Shea) what you did she remembered”. Sullivan's acknowledgement clearly confirms both detectives were made aware of Mario’s alibi information 10 months before trial, contrary to Detective Shea’s sworn testimony. (Mario’s June 10, 2009 interview pg. 3-4)
The interview between Mario and Arson Lt. Simms was not documented in discovery nor in any investigative report within Mario’s case. It was withheld from the prosecution and defense. Once discovered and transcribed for content review, we observed throughout the interview that lt. Simms acknowledged he was told by Mario his whereabouts the day of the 2008 Kirby fire. Simms' recollections confirm Mario made his alibi known at a meeting held with Detroit Arson and Homicide on November 19, 2008 (4 days after the fire). Simms reminds Mario he was called in because of the good rapport he established with him during their first meeting held November 19, 2008. Mario also acknowledged he met with the Detroit Fire Department for hours without an attorney. Notes from this meeting were never produced to the defense.
(Mario & Simms Interview pg. 6 & 22)