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Conviction in witness murder is overturned

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Jennifer Rivera was shot and killed in May, 2000.

PROVIDENCE -- The Rhode Island Supreme Court, ruling in a high-profile case that prompted an extensive review of the state's witness protection program, ordered a new trial Thursday for a man convicted of ordering the murder of a 15-year-old girl who fingered him as the killer of another teen.
The court set aside the 2003 murder conviction of Charles "Manny" Pona, saying a judge erred by allowing too much evidence about the other slaying into Pona's trial on charges he ordered the killing of Jennifer Rivera.
"Although the shocking nature of this crime causes a tremor to the very core of our society, it is no less important that those accused of such heinous acts receive a fair trial," Justice Francis Flaherty wrote in the court's 21-page opinion. (Download Court Opinion)
Rivera was shot in the head in May 2000 outside her Providence home by Pona's half-brother, Dennard Walker, the night before Rivera was to have been the state's key witness against Pona in the fatal shooting of 17-year-old Hector Feliciano.
Still, Pona was convicted, largely on the taped statements Rivera made at a bail hearing before her death.
He will remain in prison, where is serving a life sentence for Feliciano's slaying, while he awaits a new trial for Rivera's death. Attorney General Patrick Lynch said in a statement that his office was disappointed but would retry the case.
The death of Rivera led to a federal lawsuit, an examination of the state's witness protection program and debate over what could have been done to keep the teen safe. Rivera's mother has said her daughter asked for protection but none was provided, while police and the state attorney general's office said Rivera's family declined offers for help.
U.S. Sen. Sheldon Whitehouse, then the attorney general, has called Rivera's killing the worst day of his career. He released a committee study showing that methods to identify at-risk victims and offer them protection were "random and decentralized." A coordinator was appointed after Rivera's death to meet with victims and conduct risk assessments and, in 2002, witness protection plans were devised for 50 cases.
In August 1999, Rivera heard gunshots and found Feliciano's bullet-riddled body near her apartment. She picked out Pona as the shooter from a group of photos at the police station and identified him again at a bail hearing. She was expected to testify she had seen Pona running from the scene.
Pona was found guilty in 2003 of murder, conspiracy to commit murder and other crimes for Rivera's death and was handed an additional life sentence. Walker, the gunman, pleaded guilty and was sentenced to life in prison.
But Thursday, justices said the judge erred by allowing prosecutors to present evidence that Pona's pager was found at the scene of Feliciano's murder or that his fingerprints were left on the getaway car.
The court also said a judge should have barred the jury from hearing the entire recording of Rivera's testimony during Pona's bail hearing.
"By allowing this highly prejudicial evidence to come before the jury, the trial court placed the facts of another crime, the Feliciano order, onto center stage, tempting the jury to hold defendant accountable on the facts of a case for which he was not on trial," the court said.
Rivera's mother, Iris, sued the Providence Police Department and state attorney general's office, but a federal judge dismissed that case in 2004.
"I just feel sorry for the Rivera family," said Tim Eskey, a lawyer who represented Iris Rivera in the lawsuit. "It's like a double-blow."
Pona's attorney did not immediately return calls for comment.

http://www.turnto10.com/northeast/jar/news.apx.-content-articles-JAR-2008-06-12-0005.html