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  #1  
Old 04-19-2003, 03:21 PM
softheart softheart is offline
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Default Justice has finally come, 20+ years later!!!!!!!!!!

Nicholas Yarris, who I call Nicky is a very close friend of mine and has been for many years. Nicky has been on Death Row for 20+ years in PA. For a crime that he did not comitt. He has been fighting for years to get DNA done on some spilled samples that were spilled in transporting and also on a pair of gloves that were used in the crime. Fianlly after years of fighting and so many ups and downs. They did it, I recieved a letter from him yesterday and also a phone call this morning.
This is what he wrote in his letter
" I just got off the phone with my lawyers and this is what we know. Dr. Blake tested the gloves and found DNA material from the inside of the gloves, and of course the DNA print does not match me, so now we have a DNA result that proves my innocence!!!!! In view of how the judge was already going to grant me a new trial on the abuses in the case as it was, we now have a beautiful scientific tool to prove my innocence!!
I asked my lawyers to try to have the DNA print entered into the FBI data bank, and see if the DNA from the gloves matches any criminal who's DNA is already in it. Also, I am trying to have Dr. Blake do DNA on the spilled samples and if he does and it matches the glove DNA, then we have even more proof of my innocence!"

When I read the letter I started crying and I was crying when talking to him this morning on the phone. All I could think of was THANK GOD!

Nicky is a one in a million person, he has reached out to so many from his world.
I owe Nicky my life for if it weren't for him I may not be here today. He has been my touch of sanity in a insane world. He has been the most wonderful friend any one could ever hope for. And now Justice is going to be served for Nicky will come home were he should be.


Anyway I just wanted to share some WONDERFUL news with everyone. It also tells you to never give up, because the impossible can become possible if we only have hope.

softie
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Old 04-19-2003, 03:25 PM
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WHAT WONDERFUL NEWS!!!!! I HOPE HE COMES OUT OF THERE SOON!!!! You know, here in Houston, they're having to do a lot of re-testing of DNA and I see more of these innocent people getting out really soon!!
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Old 04-19-2003, 05:52 PM
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He will be out, but as always it takes much longer to get out then it does for them to lock you up. Of course the State plans on fighting it with all they have. Reason being how do you explain havinjg a man for 20+ lock up on the row only to find out they are innocent. The State is the one who fought having the DNA done.
But nothing or anyone can steal the wonderful news and the fact he will be coming home.

Well Diane I hope with all the problems with the main lab in Houston that something is done for the innocent ones there on the row.

softie
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Old 04-19-2003, 06:02 PM
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Softie

This is wonderful news, and I'm truly happy for Nicky !!! I do hope he will be back home very soon !!! Anyway, the state won't be able to give him back 20+ years of his life !!!

And how many innocent people were killed, who had no chance to get a DNA test ???

Thanks for sharing this, Softie, and all my best wishes to Nicky.

Phil
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Old 04-19-2003, 06:45 PM
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Wow, how do you make up for stealing 20 years of someones life?
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Old 04-19-2003, 06:57 PM
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You can't and they can not give him it back. I have said the same thing to Nicky, he answer was if I wasn't here I would have been dead. He refuses to look back and only forward. He lost 20 years, but what is important is he has the next 20 years and some don't get that.

He said to me this morning on the phone, I can't believe it I can finally dream.

softie
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Old 04-19-2003, 07:44 PM
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SOFTIE THIS IS WONDERFUL NEWS TELL NICKY WE ARE PRAYING FOR HIM
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Old 04-20-2003, 08:34 AM
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dear softie, my computer broke down for a while and I just now have it going again, I hope; and this is the first thing I read.....Great news!!! I am so happy for this man!!! this is really super! and I love the possitive attidue he has after all that time in prison!
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Old 04-20-2003, 10:17 AM
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Yahooo!!!! I am jumping up and down for joy with you my dear softie! Please keep us posted as to what is happening so we can really party when Nicky walks out and leaves all that behind him. We wil have a birthday party for him as he wil be starting a new life...so it will be a re-birth. Blessings and joy to you and Nickey.

lots of love
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Old 04-20-2003, 11:16 AM
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Kris I will tell him Thank you.
Never give up hope for one day you will be telling everyone Terrence is gettting out. Remember what looks impossible, is possible. Just keep your faith and hope.

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  #11  
Old 04-20-2003, 11:18 AM
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Hilde Ohh I am happy that you are back and got your computer working.
Yes you are right his has a wonderful attitude. Most of the time better then anyone I know out here.
Thanks Hilde.

softie
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Old 04-20-2003, 11:21 AM
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Ompa thank youuuuuu I know you are jumping up and down with me....
You are right it will be like he is born again. Thank you for being you.

Love and Hugs
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Old 04-20-2003, 01:01 PM
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Softie that is just the best news to read on Easter Morning,I just can not imagine how he must feel. Congratulations on the most wonderful news.I'm so happy for him.
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Old 04-20-2003, 04:41 PM
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Thank you Valerie. It is wonderful news. His emotions are running from one end to the other. Which is very normal in a situation like this. But he has the most wonderful attitude and always has that I have ever seen.

softie
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Old 04-20-2003, 08:12 PM
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Softie,

This is wonderful news! I am so happy.

Congratulations!!!!

Have to get Patti to read this one!
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Old 04-22-2003, 02:22 PM
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I spoke with Nicky today and he is still on a roller coaster of emotions, which is to be expected. He also knows that the State is going to pull no punches to keep him there. But he said I have fought for over 20 years a few more months won't stop me.

softie
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Old 04-22-2003, 02:24 PM
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Yes Linds it is wonderful I am still dancing, it is amazing.

My Love to you and Patti.

softie
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Old 04-24-2003, 02:53 PM
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I AM SO HAPPY ABOUT THIS GOOD NEWS. IT IS WOUNDERGFUL TO EAD GOOD NEWS HERE. PRAISE THE LORD THAT SOMEONE BELIEVED.
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Old 05-17-2003, 01:06 AM
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Default Update on Nicholas Yarris.

I spoke with my friend Nicky today on the phone. I shared with everyone about the new DNA findings.
He said that Dr. Blake has 60 days to run the test on the spilled samples and also the nail clippings. It took Dr. Blake 7 years to finally run the test on the gloves and the DNA did not match Nicky. Dr. Blake will not be able to take another 7 years, he is under court order to get it done in 60 days. So he will go back to court in 60 days. he was so happy, he said I can't believe how well it went.
Tomorrow is Nickys Birthday and he said I got to kiss my Mom, he was choked up when he told me. He has not contact with the outside all visit are behind glass. Before the courts started this time, he hadn't been touched in 15 years. I said did you hug her, he said no I was scared, I grabbed the kiss before they could stop me. He said it was the best birthday present he could have gotten.
In all the years I have known Nicky I have never heard him so happy. He said his Mom and Dad and cousin and sister were at the hearing and they were all giving him a bad time about him going bald. He laughed and said I told them you guys wait until I get out of here. He told me when he said that he realized that was the first time in all these years that it might happen.
I just wanted to share the good news with everyone. I think it is important to know that good things do happen if you keep the faith.
He also told me that the former prosecuting Attorney in his case, who point balnk lied to the judge at Nicky original trial and it was in the transcripts. He is now a States Attorney General and he was there. He sat in the back listening, he knows he is in big trouble. He had no business there except he was looking to cover his rear end...
The newspaper article tells half the truth, it just shows that you can't always believe what you read.

softie




NICHOLAS YARRIS ... Seeking to overturn murder conviction

PHILADELPHIA - Efforts to get DNA tests to clear death-row killer Nicholas Yarris in the rape-murder of an Upper Chichester woman were briefly mentioned at a federal court hearing yesterday, but a federal defender primarily targeted Yarris’ original defense attorney.
The balding, wiry inmate who turns 42 years old May 17 was 21 when he was convicted in Delaware County Court of killing Linda May Craig, 32, an Upper Chichester mother of three. She was abducted in her own car after working at the Tri-State Mall Dec. 15, 1981, and found fatally stabbed the next morning on a snow-covered parking lot behind a church in Upper Chichester.

During the 2½ hour hearing before U.S. District Court Chief Justice James T. Giles, the bespectacled Yarris glanced over at his parents, Mike and Jane Yarris of Southwest Philadelphia.

In 1988, Yarris was one of the first death-row convicts to seek DNA testing to prove his innocence, but several tests have shown no conclusive positive or negative results. His attorneys have cited improper storage and preservation by authorities of the sperm on the victim and her underwear. However, in April, noted DNA forensic scientist Dr. Edward Blake sent the federal defenders a report that indicated that a test on a glove found in the front seat of Craig’s car "reveals Mr. Yarris’ DNA is not in that glove or on that glove," said Federal Defender Christina Swarns.

Swarns called this a "significant" development, but Delaware County Deputy District Attorney Sheldon Kovach countered that was "up to interpretation."

Swarns said the report confirms Yarris’ long-held contention"that he did not commit this crime."

The Defender Association of Philadelphia, Capital Habeas Corpus Unit, is awaiting further tests by Blake, of Forensic Associates in Richmond, Calif., on tubes of sperm from the victim’s underwear.

After the hearing, Swarns said, "If the DNA exonerates Nick (Yarris), then Dr. (Edward) Blake will testify to the results. We all wait for Dr. Blake."

No testimony was heard from any DNA forensic expert during the hearing.

There were no eyewitnesses to the abduction and murder. Also, no hard physical evidence such as a knife, tell-tale fingerprints, hairs or blood stains on Yarris’ clothing or property were ever found to link him to the slaying.

Blake last week declined to comment on any recent tests on behalf of Yarris and disputed Yarris’ claim that recent tests proved his innocence.

The Federal Defender Office filed a petition on behalf of Yarris on Oct. 26, 1999, to overturn his conviction and death sentence, citing mishandling of evidence, ineffective counsel at trial and sentencing and the failure to investigate and present exculpatory evidence, among several claims.

Yarris’ former trial attorney, Sam Stretton, admitted several times on the stand that he had difficulty recollecting his various defense strategies during the three-day trial in July 1981 because it was so long ago.

Under direct examination by Swarns, Stretton said he didn’t remember the name of Natalie Barr, a key witness who worked with Craig at the mall. She identified Yarris at his trial as the man who gawked at Craig and frightened the victim on several occasions prior to the killing.

Stretton said he didn’t remember the essence of her testimony, adding, "She had been a very hostile witness."

Stretton said Yarris fabricated a story that he had important information on the murder while he was in jail in connection with an unrelated car theft and assault on a Chester cop.

"He did so with the hope of being released and getting more favorable treatment," Stretton said.

"Our theory was that Mr. Yarris was a drug addict and fabricated all this to get out" while reading local newspapers on the Craig murder, he said.

Yarris, then a drug-abusing car thief, told county detectives and a prison guard he drove Craig’s killer to the mall.

Giles continued the hearing to an indefinite time.

Kovach and Barry Gross, the former prosecuting assistant district attorney, declined comment, as did Yarris’ parents.

©The Daily Times 2003

Last edited by softheart; 05-17-2003 at 01:11 AM..
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Old 05-17-2003, 02:29 AM
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I sincerely hope the up coming tests and hearing goes well for you friend ... there are far to many innocent individuals in prison ...
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Old 05-17-2003, 10:06 AM
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Thanks Cheenna, the gloves have already showed it isn't his DNA. The nexted 60 days is going to be hard, but after 20+ years what is a few more days, I guess.

softie
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Old 07-06-2003, 03:02 PM
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Default Nicky is being Released from Death Row and coming home. (Thank GOD)

Nicky and I have been friends for many years. He has spent 20+ years on Death Row for a crime he never comitted. He had the shortest murder trial in PA history.

I have had some wonderful news for several days, but had to wait to talk again to Nicky this morning to make sure it was all right to tell everyone.

HE IS Coming Home, THANK GOD!

He is in such good spirts, when he first told me we cried and cried. He said he has never cried so much. This morning he is doing good and adjusting to the fact he is finally coming home where he belongs.

Of course he is happy, but also has his fears. The State of PA has stole this mans life.

Through all the hell Nicky has been through, he has more compassion and Love. He has self taught himself over the years. And is one of the most inteligent people I have ever known.
Here is what is going on.

Based on a telephone call to Nick's lawyer, from Dr. Blake (July 2, 2003), it has been reported (nothing in writing yet), that based on testing of the only remaining samples, Dr. Blake stated sperm on victim Linda Craig's panties are from two different men NEITHER OF WHOM COULD BE NICK, and one of whom is consistent with the skin cells from inside the gloves.

This vindicates Nick's 14-year crusade for DNA testing. Whether or not this proves he is "innocent" of the murder (although it's pretty damn close), it totally refutes the only theory of guilt the Commonwealth ever had -- that Nick alone kidnapped AND RAPED and killed Mrs. Craig.

Nick's lawyers are going to file a motion for bail on Monday. They also plan to contact major news stations (CNN,etc) with a huge press release.

The DA will get a chance to answer, but his lawyers are now trying to drive this home, and turn it into a final win on the habeas and set him free pending any further proceedings. His lawyers cannot predict that will actually happen, but it could.

Nicky told me this morning that his lawyers want to take him out for a fancy dinner and pick him up in a limo. I just started crying, he said to me, honey I can't do that I don't have any cloths.

I can only imagine what emotional turmoil Nicky is going through. He shares it with me, but I can not imagine being locked up being innocent for so many years, to finally after fighting so hard to be set free.

I said have they run the DNA through the FBI dated base yet. he said no they haven't yet. I said you know me, but I am so mad that some &^%^&&**( has sat for 20+ years knowing you were on Death Row for a crime they comitted. (the case was a high profile case) I said I want the &^%^$&*^ to pay for it.
Nicky in his kind and loving and calm way said honey please don't worry about that. Worry about I am coming home and worry that I am going to spank your butt for all those smart remarks you made.....lol

I use to always tell Nicky, if you feel froggy come on out here and spank me. We use to tease like that all the time. So Thank God I now have a butt beating coming........lol


The last thing he said to this morning on the phone was to tell everyone who has been there how much he thanks them and loves them.

I just had to share some GOOD news.
softie
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Old 07-06-2003, 03:05 PM
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AMEN! Thank the Heavens above for his release! I wish him the best of luck
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Old 07-06-2003, 03:11 PM
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Oh that is wonderful I just don't have any words to tell you how great that is. Please tell Nicky he can spank me too LOL oh I forgot I am too old for that. I can just shake his hand if I get the chance. Love Barbara
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Old 07-06-2003, 04:04 PM
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That is really great! I'm so glad that he's coming home! I'm also glad he's got a friend like you to share this with him and who has been there for him when it counted!
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