Attorneys for Sylacaga man say state wants to convict innocent man

Bill Kuenzel

Lawyers for a Sylacauga man who was scheduled to be executed last month told judges Tuesday that prosecutors for 20 years withheld grand jury testimony and police notes that could prove his innocence.

The case of Bill Kuenzel, who was convicted of killing a Sylacauga store clerk in 1987, was argued before the Alabama Court of Criminal Appeals, four days after the state freed a different death row inmate when new evidence surfaced.

Kuenzel's lawyer David Kochman told the judges the evidence disclosed in 2010 should cast serious doubts about Kuenzel's guilt. A lawyer for the state said the federal court had already dismissed similar innocence claims by Kuenzel and his legal team missed a deadline to raise the issue by three years.

Kuenzel was convicted of killing store clerk Linda Jean Offord during a robbery at Joe Bob's Crystal Palace in Sylacauga. His conviction was based largely on testimony from his roommate, Harvey Venn. He pleaded guilty to a lesser charge and served about 10 years in prison.

Venn's testimony at trial was backed up by April Harris, who said she saw Venn and Kuenzel at the store earlier that evening. But the grand jury testimony disclosed in 2010 showed Harris told them that she "couldn't see a face" and wasn't certain who was at the store that night.

Defense lawyers said they've also learned that Venn had a shotgun the same gauge that was used to kill Offord, instead of a different one he initially claimed he had. Venn also initially told police that he had been at the convenience store with another friend, not Kuenzel.

Kuenzel's execution a month ago was stayed when the appellate court agreed to hear his case.