wrongful conviction, wrongfully convicted, false
conviction, miscarriage of justice, false
identification, kevin thornton, sex offender, rape,
San Diego, reasonable doubt, Fifth Amendment,
rape of an intoxicated person, lifetime sex offender
registration, jury nullification, attorney misconduct,
presumed innocent, justice for wrongly accused
conviction, miscarriage of justice, false
identification, kevin thornton, sex offender, rape,
San Diego, reasonable doubt, Fifth Amendment,
rape of an intoxicated person, lifetime sex offender
registration, jury nullification, attorney misconduct,
presumed innocent, justice for wrongly accused
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SAN DIEGO – There is one man who can make a difference between justice and injustice, and who can right a wrong that occurred five
years ago.
Kevin Thornton and his supporters are frantically searching for Pierre Bjorn Gilbert, the one witness who was never charged in the rape of
Sara B., and the only person who can state with certainty that Kevin Thornton never committed rape.
In 2002, Kevin Thornton and Lofton Rigby were both on trial for raping 17-year-old Sara B. while she was too intoxicated to resist. Rigby
admitted to having sex with the victim, but said she consented, and was convicted. Kevin Thornton, on the other hand, said from the
beginning that he never had sex with the victim, yet he was convicted along with Rigby. There was never any evidence against Thornton,
other than the testimony of the victim, which changed several times and was hazy at best due to her state of extreme intoxication. All of the
DNA and physical evidence was against Rigby.
The only other person in the car other than the victim and the two men charged was Pierre Gilbert. He had told the police before the trial that
he saw Rigby have sex with the victim, but never mentioned Thornton. Then he told Thornton, as well as his mother and lawyer, that he
would “do the right thing” and testify that Kevin Thornton never committed rape. Once on the stand, Gilbert pleaded the Fifth Amendment,
because there was a rumor that the district attorney was going to charge Gilbert as an accessory to the rape.
Like many accused of rape, Thornton was presumed guilty – and as a result of Gilbert’s refusal to testify, Thornton could not prove himself
innocent of the charges. He was convicted with no supporting evidence whatsoever.
Thornton and his supporters are now trying frantically to locate Pierre Gilbert, and to investigate why he refused to testify. If he was
threatened by the district attorney and as a result, refused to testify, it could be considered improper by the courts. However, regardless of his
reasons, if Gilbert tells the truth now that he cannot be charged with a crime, Thornton can introduce this new evidence as proof of his
innocence.
Gilbert was last known to be in the Los Angeles area. He left for college the day that he refused to testify, in May of 2002, and has not
maintained contact with Thornton's attorney. Gilbert was the only factual witness who was part of Thornton's defense -- the other witness
was for character only and was the librarian at Thornton's high school. Her testimony was less than effective, and that coupled with Gilbert's
refusal essentially left Thornton without a defense.
On May 25, 2007 (barely a few hours before they left for their Memorial Day weekend), Fourth District Appellate Justices McConnell, McIntyre
and O'Rourke issued a denial of Kevin Thornton's appellate petition for Writ of Habeas Corpus.
Almost identical to the previous lower court's ruling, the judges denied the appeal based on 1) Kevin Thornton (or, rather, his public
defender) did not file an appeal, and 2) that mandatory sex offender registration does not amount to constructive custody.
Based on those two statements, the justices opined that Habeas Corpus relief is not proper. They completely ignored all evidence and
claims of Kevin Thornton's claims of actual innocence. They also ignored all claims of attorney misconduct (including the fact that he ignored
his client's request for an appeal) and stated that his probation had expired, which is has not. Not to worry, though -- we will re-file this
petition soon.
We will not stop until we get justice!
years ago.
Kevin Thornton and his supporters are frantically searching for Pierre Bjorn Gilbert, the one witness who was never charged in the rape of
Sara B., and the only person who can state with certainty that Kevin Thornton never committed rape.
In 2002, Kevin Thornton and Lofton Rigby were both on trial for raping 17-year-old Sara B. while she was too intoxicated to resist. Rigby
admitted to having sex with the victim, but said she consented, and was convicted. Kevin Thornton, on the other hand, said from the
beginning that he never had sex with the victim, yet he was convicted along with Rigby. There was never any evidence against Thornton,
other than the testimony of the victim, which changed several times and was hazy at best due to her state of extreme intoxication. All of the
DNA and physical evidence was against Rigby.
The only other person in the car other than the victim and the two men charged was Pierre Gilbert. He had told the police before the trial that
he saw Rigby have sex with the victim, but never mentioned Thornton. Then he told Thornton, as well as his mother and lawyer, that he
would “do the right thing” and testify that Kevin Thornton never committed rape. Once on the stand, Gilbert pleaded the Fifth Amendment,
because there was a rumor that the district attorney was going to charge Gilbert as an accessory to the rape.
Like many accused of rape, Thornton was presumed guilty – and as a result of Gilbert’s refusal to testify, Thornton could not prove himself
innocent of the charges. He was convicted with no supporting evidence whatsoever.
Thornton and his supporters are now trying frantically to locate Pierre Gilbert, and to investigate why he refused to testify. If he was
threatened by the district attorney and as a result, refused to testify, it could be considered improper by the courts. However, regardless of his
reasons, if Gilbert tells the truth now that he cannot be charged with a crime, Thornton can introduce this new evidence as proof of his
innocence.
Gilbert was last known to be in the Los Angeles area. He left for college the day that he refused to testify, in May of 2002, and has not
maintained contact with Thornton's attorney. Gilbert was the only factual witness who was part of Thornton's defense -- the other witness
was for character only and was the librarian at Thornton's high school. Her testimony was less than effective, and that coupled with Gilbert's
refusal essentially left Thornton without a defense.
On May 25, 2007 (barely a few hours before they left for their Memorial Day weekend), Fourth District Appellate Justices McConnell, McIntyre
and O'Rourke issued a denial of Kevin Thornton's appellate petition for Writ of Habeas Corpus.
Almost identical to the previous lower court's ruling, the judges denied the appeal based on 1) Kevin Thornton (or, rather, his public
defender) did not file an appeal, and 2) that mandatory sex offender registration does not amount to constructive custody.
Based on those two statements, the justices opined that Habeas Corpus relief is not proper. They completely ignored all evidence and
claims of Kevin Thornton's claims of actual innocence. They also ignored all claims of attorney misconduct (including the fact that he ignored
his client's request for an appeal) and stated that his probation had expired, which is has not. Not to worry, though -- we will re-file this
petition soon.
We will not stop until we get justice!
| Press Room - Press Releases and News regarding Kevin's case |
| PRESS RELEASE -- June 5, 2007 THORNTON EMBARKS ON SEARCH FOR WITNESS WHO HOLDS THE KEY TO EXONERATION FOR IMMEDIATE RELEASE |
| BREAKING NEWS: PETITION DENIED IN FOURTH DISTRICT |