Dying Man on Death Row Wins Second Chance

May 31 -- A man slowly dying on Pennsylvania's death row, where he says he was put by a corrupt cop, was granted a second chance to prove his innocence today.

Philadelphia Judge Willis Berry ordered a new trial for gravely ill Pennsylvania inmate Fred Thomas, who was convicted in 1995 in the shooting of Federal Express driver William Moyer.

Thomas' lawyers argued that a cop later convicted of shaking down drug dealers, Highway Patrol Officer James Ryan, was responsible for Thomas' conviction, and that the officer scared off a witness who could have exonerated him.

Berry agreed the woman's testimony would have been key, and set a July 1 status hearing for the prosecution to formally announce whether they will appeal. Philadelphia District Attorney Lynne Abraham said after the ruling her office would.

Prosecutor Andrew Gibson had argued that the witness, Maria Fielding, who has since died, did not testify at Thomas' trial because she had an outstanding warrant against her and didn't want to get arrested. And in any case, prosecutors described her as a liar who couldn't be believed.

Berry ruled that if the jury had heard Fielding, who named someone else as the killer, they likely would not have convicted Thomas.

"I think his rights were violated," Berry said. "He did not get a fair trial, it does not appear to be fair."

He continued that if the jury knew what he knew now, "There's no way they would not find reasonable doubt in this case."

Inmate’s Family Knows Joy

The ruling brought joy to Thomas' supporters and family, who have organized protests and proclaimed his innocence for years.

"I'm so happy," said Thomas' sister Mildred. "I'm glad [the status hearing] is coming up soon. I prayed, I prayed, I did a lot of praying. I believed my brother was innocent all along."

Abraham said her office would appeal the ruling, and reaffirmed her belief that Thomas is a killer. In particular she attacked the credibility of Fielding.

"Substantively, Maria Fielding's statement about the killing is incredible," she said in a statement that detailed alleged inconsistencies in Fielding's claims, and those of her husband, whom the defense presented in its case for Thomas.