Page 38 - June July 2017

Guilt vs Innovence: The Story of Billy Kuenzel ,

testimony that he never even entered the store that with him relating to the case that she had never seen
night. Moreover, whoever April Harris believed she before. It is unclear whether it was intended for Crystal
had seen, she saw them before the incident took to see these documents but it certainly provoked her into
place. action. Crystal had spoken with the police and District
Attorney Robert Rumsey several times before the trial
In the years following his trial, Billy was unable to regarding a visit from Venn to her house an hour before
afford to appoint a legal team. But, in 1993, he was the murder. She told them he stayed for approximately
thrown a lifeline by David Dretzin, a New York labor 10 minutes, was “acting nervous and paranoid” and was C
and employment lawyer looking for meaningful clearly high on drink and drugs. She confirmed that at A
public service work. Despite having no previous this point he was definitely alone.
experience working on a capital case, Dretzin would P
spend the next 13 years representing Billy pro bono. Crystal specifically recalls that during her meetings with I
Unfortunately, weeks after he took over, Dretzin’s Robert Rumsey, despite being just 13 years old, her T
ill advice concerning the filing deadline meant he parents were not permitted to sit in on these interviews.
was told that any subsequent petition would be “time He asked her several questions about Billy, his potential A
barred”. It was a cruel blow and David Dretzin was drug use, financial situation and whether she believed L
devastated but he refused to give up the fight until an him to be a violent man. Crystal told him that she didn’t
automobile accident caused his tragic and untimely really know Billy, only having met him a couple of times
death in 2006. and didn’t fully understand why she was being asked. P
She never had any reason to protect Billy or cover up for U
The case subsequently passed to David Kochman him in any way and this line of questioning of a minor N
who had been enlisted in 2003 by Dretzin to assist with no accompanying adult was clearly inappropriate.
him. The young lawyer had been keen to gain I
experience on a death penalty case. David Kochman It transpired that the documents Crystal Floyd saw that S
has worked on Billy’s behalf ever since. Over the day had never been disclosed to either Billy Kuenzel H
years, Billy’s team has filed a series of petitions or his legal team. The state subsequently produced 20
to both the Supreme and Federal courts but to no previously unseen documents including Grand Jury M
avail. On February 11th 2014, yet another petition to testimony from not only Crystal Floyd but also April E
The Eleventh Circuit Court of Appeals was denied Harris and her friend Crystal Epperson. In particular, N
because of the time bar ruling. This is despite the Harris had stated in her Grand Jury testimony that she
fact that the evidence which had been withheld by “couldn’t get any description” of who she had seen T
the prosecution during the trial is a clear breach of that night. Her reasoning for believing that it was Venn
something called The Brady Rule which states that and Kuenzel she saw was based upon seeing Venn’s
all potentially exculpatory evidence must be turned car parked outside and that the men in the store were
over to the court. This new evidence has never been of “similar build” to them. If this information had been
fully reviewed by an appeals court even though, made known to Billy’s defense team, it would have
by Alabama state law, its discovery should make allowed them to undermine Harris’ testimony at trial.
the time bar ruling null and void if the evidence
presented can argue the case for “factual innocence”. During the trial, Billy’s stepfather Glenn Kuenzel said
Despite his defense team having a strong case to he witnessed his son at home shortly before the time
determine that Billy is factually innocent, the courts of the incident when he called to fix a broken toilet. He
disagree and refuse to grant him a new and fair trial. got no answer and saw through the window that Billy
was asleep on the couch. During his closing summary,
The new evidence was bizarrely uncovered following District Attorney Robert Rumsey dismissed Glenn
a phone call to Billy’s lawyer from Crystal Floyd, Kuenzel’s testimony as fabrication. Addressing the jury,
the former girlfriend of Harvey Venn. She revealed he said “His son put him in a position to have to get
that she had just received a visit from the Assistant up there and tell something that is not true.” He had no
Attorney General who had a number of documents justification for this statement and there has never been
38