Tyler Edmonds plans appeal of wrongful conviction lawsuit

TUPELO, Miss. -- A man once convicted of capital murder and later set free on retrial is heading back to court.  Tyler Edmonds and his attorneys, Waide & Associates, are planning to appeal a circuit court judge's decision to dismiss a wrongful conviction lawsuit.

In November, Edmonds argued in front of the Circuit Court of Oktibbeha County that he was wrongfully convicted for the 2003 murder of his brother-in-law Joey Fulgham.

THE STORY:

According to court documents, Joey Fulgham was shot in the back of his head and later died of his wounds in May 2003. Originally, law enforcement suspected his wife, Kristi Fulgham, as the suspected killer.

During questioning, Kristi Fulgham denied being responsible and blamed her half-brother, Tyler Edmonds, who was 13 at the time.

Court documents show that while being questioned by police, Edmonds confessed to the murder but later recanted in the following days.

Edmonds was eventually arrested, indicted, tried, convicted and sentenced for the capital murder of Fulgham.

In 2007, the Mississippi Supreme Court overturned his conviction and ordered a new trial, which fell in his favor in November 2008 when the jury found him not guilty on all charges.

Edmonds was jailed from May 2002 until May 2007, about two weeks over five years.

WRONGFUL CONVICTION LAWSUIT:

In October 2009, Edmonds filed a lawsuit to recover damages under the "Compensation to Victims of Wrongful Conviction and Imprisonment Act." He and his attornies were seeking $158,333.

Last month Circuit Court Judge Lee Howard ruled against Edmonds and dismissed the case.

Under the "Compensation to Victims of Wrongful Conviction and Imprisonment Act," a plaintiff must prove "he did not commit or suborn perjury, or fabricate evidence to bring about his conviction."

Judge Howard's ruling said Edmonds fabricated evidence by confessing to murder and later recanting; therefore, violating the final clause of the wrongful conviction act.

Edmonds' attorneys argued that his age, influence by his half-sister, and improper police procedures led to his original confession.

Despite the arguments, Judge Howard sided against Edmonds.

WHAT'S TO COME:

WTVA contacted Waide & Associates, who says they are in the planning stages of appealing Judge Howard's dismissal.

There's currently no trial date but could later be heard by the Mississippi Supreme Court.

Original report here


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