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scotkaz · Joined: 28 Aug 2008 Posts: 527

http://www.timesonline.co.uk/tol/news/uk/crime/article5931227.ece

This is long over due. I am delighted for Sean and hope he can rebuild his life after such a traumatic sentence and conviction. This mans determination to prove his innocence proves there is hope for everyone fighting injustice if they just keep fighting.

A man who spent 27 years in jail for the murder of a barmaid in Southampton had his conviction quashed at the Court of Appeal today after DNA tests proved that he could not have been the killer.

Sean Hodgson, 57, was found guilty in 1982 of killing Teresa De Simone, 22, who was found strangled in her Ford Escort three years earlier in a car park below the pub where she worked part-time.

He has long pleaded his innocence after retracting a confession initially given to a Roman Catholic prison chaplain – one of hundreds of crimes to which he pleaded guilty because of an apparent fantasist urge.

Mr Hodgson was at the Court of Appeal today to hear the Lord Chief Justice, Lord Judge, and two other senior judges in London, rule that his 1982 conviction was “unsafe”.

Sitting in the dock alongside his lawyer, Judy Ramjeet, he looked thin and frail with close-cropped hair and sunken cheeks.

Mr Hodgson's case was urgently referred to the court last week by the Criminal Cases Review Commission after his new lawyers insisted on DNA tests. The commission said that the DNA findings raised serious concerns about the safety of many other murder convictions and called for reviews of scores of other murder convictions.

Sarah Whitehouse, for the prosecution, told the court that the case could have been resolved 11 years ago but Forensic Science Service told his then lawyers that they could not find any DNA material.

Hampshire Police have referred the matter to the Forensic Regulator for an inquiry into why such "erroneous information" was given in 1998.

The decision means that Mr Hodgson becomes one of the longest-serving victims of a miscarriage of justice. The only comparable case is that of Stephen Downing, who also spent 27 years in jail for beating typist Wendy Sewell to death in Bakewell, Derbyshire, but was released in 2002.

Miss de Simone, a gas board clerk and part-time barmaid, had been sexually assaulted before being choked to death with the chain of a gold crucifix that she wore around her neck.

Mr Hodgson, of no fixed abode, confessed to Father Frank Moran that he had killed de Simone when she found him sleeping in her car and began screaming. He said he put his hand over her mouth to try to keep her quiet and ended up killing her.

The confession was made on the first anniversary of de Simone’s death, and Mr Hodgson told the priest that the image of her face was haunting him. The prosecution case was aided by scientific evidence that showed that Hodgson was of the same blood type as the attacker.

But at his trial, at Winchester Crown Court in 1982, Mr Hodgson withdrew his confession and pleaded not guilty. It emerged that he had confessed to hundreds of other crimes, including burglaries that had never been committed, and that the killer’s blood type was common.

Mr Hodgson, who is also known by the first name Robert, did not give evidence. According to The Times of February 2, 1982, he told the court: “I would like to tell members of the jury I cannot go into the witness box itself because I am a pathological liar.” At the end of a 15-day trial, the jury returned a unanimous guilty verdict having deliberated for only 3½ hours. Mr Justice Sheldon, the trial judge, told Mr Hodgson: “It is a verdict with which I entirely agree. I have no doubt whatsoever that you were guilty of this appalling, horrible crime of killing that girl.”

Mr Hodgson was refused leave to appeal against his conviction the next year and has continued to protest his innocence. Last year his case was taken over by a new legal team and his solicitor asked Hampshire Police to review the evidence and specifically to carry out DNA testing – which had not been developed at the time of the trial.

The Forensic Science Service had stored material from the case in its archives and DNA tests were carried out on body fluids from the crime scene. When compared with Hodgson’s DNA profile, they showed that he was not Miss de Simone’s attacker.

Hampshire Police have now reopened their files and the force is conducting a new murder investigation to find the real killer. A source said: “It is a live and active inquiry.”

scotkaz · Joined: 28 Aug 2008 Posts: 527

A man has been freed after spending 27 years behind bars for the murder of a young woman.

Sean Hodgson, 58, described his delight after his conviction quashed by the Court of Appeal.

He was in court to hear the Lord Chief Justice, Lord Judge, and two other senior judges rule his conviction in 1982 was "unsafe" following a review of new DNA evidence.

He was sentenced to life for the 1979 murder of Teresa De Simone, 22, who was found strangled near the pub where she worked in Southampton.

Young barmaid Teresa De Simone in Southampton was strangled in 1979. Sean Hodgson was wrongly convicted of her murder.

DNA tests, which were not available until 1986, have since established that semen found at the scene did not come from Mr Hodgson.

He is expected to be released shortly, making him one of the longest-serving victims of a miscarriage of justice.

Mr Hodgson, also known as Robert Graham Hodgson, made various confessions to police before pleading not guilty at his trial at Winchester Crown Court.

His defence team argued that he was a pathological liar and that the confessions were false.

At the end of the judgment, Lord Judge announced that Mr Hodgson would be "discharged" and there would be no new trial.

The original investigation and evidence is now being revisited with the benefit of the DNA evidence, and we will utilise the advances in forensic science.

Detective Chief Inspector Philip McTavish

He added: "This decision leaves some important unanswered questions.

"Perhaps the most important is that we do not know who raped and killed the dead girl."

Speaking on the steps of the High Court, Detective Chief Inspector Philip McTavish said police have launched a new investigation into the case.

He added: "The original investigation and evidence is now being revisited with the benefit of the DNA evidence, and we will utilise the advances in forensic science.

"A major incident room has been set up and a dedicated team of investigators has been appointed.

"This may well be a protracted inquiry but we are fully committed to pursuing this investigation."

Sky's crime correspondent Martin Brunt said if the real killer's DNA is on the national database it should lead police pretty quickly to him, but it could turn out that he or she may have since died.

He added: "It's going to be a long, protracted investigation by Hampshire Police but they have made the point that they are keen to get to the bottom of it and there are a new set of detectives on the case."

Lydia · Joined: 06 Nov 2008 Posts: 82

The first point I would like to make is why or how could this information be taken from a catholic priest I would hope not during confession.

It also strikes me that some alarm bells should have rung when with little other evidence other than a confession from a man who had admitted to burglaries that had not been committed along with so many other crimes the police force and the judge should have questioned the guilt of this man.

Could not find any forensic evidence, but it has now been found, seems a little strange, and an innocent man it seems spent an extra 11 years in prison. Sixteen years would have been bad enough but 27?
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We are the parents in Scotland denied justice for our children who had illegal post mortem's or had organs removed illegally at post mortem.

scotkaz · Joined: 28 Aug 2008 Posts: 527

Lydia · Joined: 06 Nov 2008 Posts: 82

I just watched Sean Hodgson on telly that poor man looks desperately frail. I have no idea if his health can be improved with proper care but I wonder if they have now decided to free him because he is so frail and sick.

What a waste of a life and has this come about through lack of proper legal representation.

I note the mention of new legal representation.

On the news now it is saying that the ability to test these samples has only just become available.

It is also making a case for DNA profiles being available on police computers to find the real killer.
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We are the parents in Scotland denied justice for our children who had illegal post mortem's or had organs removed illegally at post mortem.

scotkaz · Joined: 28 Aug 2008 Posts: 527

http://www.rcjadvice.org.uk/miscarriages-justice.php

this seems to be the organisation helping Sean.

I hope he gets the help he needs now. He seems so ill so I am hopeful he will accept help.
_________________
Great Spirit, grant that I may not criticize my neighbor until I have walked a mile in his moccasins." - Old Native American Indian Prayer that my dad taught me.

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

Hi Lydia & Scotkaz

The way I heard the news earlier was that his defence team were told 10 years ago No DNA Existed.

It has now all of a sudded resurfaced.

A bit like the Jocky Robertson case In Scotland where SCCRC were told by Lothian & Borders Police no DNA existed from his case But it has since been uncovered in Aldermaston.

Our SCCRC took 4 years to decide not to refer Robertson's case and now that the DNA (they were told by the Police did not exist) has resurfaced they are again having to look at this case.

But unlike this case, Robertson's is dragging on and on with no sign of SCCRC doing the tests required for proof of Robertson's Guilt or Innocence.

He was charged with Rape and Murder of his ex Wife seen here:

http://shirleymckie.myfastforum.o...Robertson_Injustice_about315.html

Wondering if this case will make our SCCRC move a bit quicker in these cases in future.

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

The talk on the news about compensation is disgusting.

They are saying because he has previous convictions this will limit his claim.

I just wonder how many more of his convictions came from the same Police that Verballed him for this Murder.

I also wonder if his alleged confession had Material only the Killer could have known amongst it, Like the case of George Beattie.

All these verbal cases all seem at the time of trial to have evidence that only the killer could have known written all over them.

Surely after this case these matters will be looked at ?

But then again we are talking about the Justice System and admitting their faults here.

Best Wishes Sean

No amount of compensation in the world can ever compensate this man for his lost years but for what he has left, the Government have a duty to see he is comfortable.

A lump sum right away is a must, to allow this man some comforts he has been denied for 27 years.

What a cheek our Government have to claim Bed & Breakfast from these people eh ?

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

Scotsman:

'Ecstatic' – man freed after 27 years in jail for murder he didn't commit

« Previous « PreviousNext » Next »View GalleryPublished Date: 19 March 2009
By Cathy Gordon
AN "ECSTATIC" Sean Hodgson enjoyed his first taste of freedom in 27 years yesterday after the murder conviction which put him behind bars was declared unsafe by the Court of Appeal.

Mr Hodgson, now 57, was freed by three judges in London who ruled fresh DNA evidence had "demolished" the case against him over the "terrible death" in 1979 of young gas board clerk and part-time barmaid, Teresa De Simone.

DNA tests, not available at the time of his trial in 1982, have revealed he could not have been the killer of Miss De Simone, 22, who was strangled and raped in Southampton.

It emerged yesterday that tests could have been carried out a decade ago, but his then lawyers were wrongly told that case exhibits had not been retained.

A frail-looking Mr Hodgson, who was physically supported by his brother Peter, told reporters as he made his way out of the Royal Courts of Justice that he felt "ecstatic".

His solicitor, Julian Young, said his client was obviously relieved that his denials had been accepted and his innocence, which he had maintained for so many years, confirmed.

"Sadly, the mother of the victim now has to face the possibility and distress of the circumstances of the case being reopened," he added.

The quashing of Mr Hodgson's conviction was announced by the Lord Chief Justice, Lord Judge, who described it as a "dismal story".

He said: "This decision leaves some important unanswered questions. Perhaps the most important is that we do not know who raped and killed the dead girl. We can but hope that, for the sake of the appellant and the family of the murdered girl, her killer may yet be identified and brought to justice."

Police have launched a new investigation into the 30-year-old murder, aimed at identifying the "owner" of the DNA profile.

Detective Chief Inspector Philip McTavish, of Hampshire Police, said: "A major incident room has been set up and a dedicated team of investigators has been appointed."

Lord Judge said the court was told yesterday that in 1998 an inquiry was made to the Forensic Science Service by lawyers then acting for Mr Hodgson, relating to the existence of exhibits associated with the murder, but they were told none had been kept.

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

From the Guardian

Quote:

A year after the killing, Hodgson had made a confession to a priest while he was serving time in prison for theft, he made further detailed admissions to a prison guard and police officers in which he described seven details of the case which had never been made public. At his trial he pleaded not guilty but was convicted. An appeal a year later failed but Hodgson continued to protest his innocence between bouts of mental illness.

I rest my case of earlier

Well done to the Legal Team who persevered