It's finally over.

[townie]

Justices reject murder appeal

December 15, 2007

Alan J. Keays Herald Staff

MONTPELIER — The Vermont Supreme Court has rejected a bid by Hope B. Schreiner, 74, to overturn her murder conviction in the bludgeoning death of her husband in West Townshend.

Attorneys for Schreiner argued at a hearing in September before the Vermont Supreme Court that the murder conviction should be overturned for several reasons, including that another man may have committed the crime.

In its 13-page decision released Friday, the Supreme Court ruled that Schreiner's conviction will stand.

"We affirm in all respects," the ruling stated.

Justice John Dooley wrote the decision for the five-member court.

Schreiner is serving 17 years to life behind bars for second-degree murder. Schreiner was convicted of second-degree murder in March 2006 for the killing of her husband, Robert Schreiner, 78, in June 2004.

If paroled, Schreiner would be 90 years old when she completes the minimum portion of her sentence and becomes eligible for appeal.

Schreiner's trial more than a year ago was one of the state's most-watched courtroom dramas, covered extensively by press outlets across Vermont as well as national media, including gavel-to-gavel coverage on Court TV.

Windham County Deputy State's Attorney David Gartenstein said Friday he was pleased with the high court's ruling.

"We're very gratified with the Supreme Court's decision affirming the conviction," the prosecutor said.

Jesse Corum, Schreiner's attorney, could not be reached Friday for comment.

Schreiner has never publicly admitted her guilt, though prosecutors did base a great deal of their case on statements she made to family and friends after the murder.

According to prosecutors, Schreiner said, "Don't worry, I did it," when a friend expressed concern that an assailant was on the loose. Prosecutors have argued that Schreiner's killing of her husband of 43 years was, in part, a result of her affair with a neighbor and a desire to start a new life.

Schreiner's attorney argued in her appeal that a Vermont man, not his client, might be the real killer of Robert Schreiner, who was found dead in June 2004 in the driveway of the home he shared with his wife.

Judge Katherine Hayes, who presided over Schreiner's 2006 trial, had earlier termed the "alternative perpetrator" claim "totally lacking" in merit.

Hayes rejected the argument that new information on another suspect, identified by New Hampshire prison inmate Robert Hurlburt, would have altered the trial's outcome.

Hurlburt sent a letter to the court during the final days of Schreiner's two-week trial in March 2006 after watching the Court TV proceedings. Hurlburt claimed a Vermont cousin of his may have killed Robert Schreiner over unpaid car parts.

Schreiner's attorney pointed to a Vermont police chief who had identified that same man, unnamed in news articles because he has not been charged with a crime, as a suspect in the bludgeoning death of a nurse in 1987. The man has denied the allegation.

Also, Schreiner's attorneys submitted an affidavit by one of the couple's sons stating that his father in the summer of 2004 referred to an auto parts deal gone wrong involving his pickup.

Her attorneys contended that a continuance in the trial would have allowed Schreiner's legal team to further investigate the claim.

The Supreme Court ruled that Hayes had not abused her discretion in refusing to grant the continuance.

"When (Schreiner) moved for a continuance, she relied primarily on Mr. Hurlburt's vague and uncorroborated statement to support the position that she should be allowed to engage in a mid-trial investigation to elicit admissible evidence," the Supreme Court ruling released Friday stated.

"Although Mr. Hurlburt did suggest a possible motive, his statements did not show that his cousin had opportunity to commit the crime, or even that he knew Mr. Schreiner and had any interaction with him."

[Beanie]

Jesus. It took them long enough.

[fennimo]

Merry Christmas, everybody!!!

[GreatSpaceCoaster]

Woot!!!!

[FatSean]

Yay!