Withheld evidence and court error contributed to an Effingham County man being wrongfully convicted of the shotgun slayings of his father and brother, his attorney told Georgia Supreme Court justices on Monday.
Dow Bonds, a Savannah attorney, told the panel of six attending justices that the prosecution did not prove its case against Craig Heidt and also withheld evidence. Justice Robert Benham was absent due to a death in the family.
Scroll to the bottom of the story to access full video coverage of the Heidt murder trial
Craig Heidt was convicted in December 2010 for the deaths of his father, Philip Martin Heidt, 59, and his brother, Carey Albert Heidt, 32. Craig Heidt was also convicted of shooting his mother, Linda Heidt. Linda Heidt, who was 58 at the time of the shootings, was gravely injured but survived.
Bonds told the justices that the state didn’t investigate several items of evidence found at the murder scene.
SLIDESHOW:
Notorious Criminals of Chatham County
The killings occurred at the Heidt family home about
3 a.m. Aug. 25, 2008, on Springfield-Egypt Road.
Both Philip Heidt and Carey Heidt were found shot to death in their beds. Linda Heidt was in her bedroom when she was shot as she exited the bathroom. She was found bleeding in the kitchen by first responders after she made a desperate call to 911 for help.
Bonds said investigators never photographed fresh tire marks that had been reported in the front of the house and never investigated how wires to a non-functioning security system were cut.
First responders and investigators reported the Heidt home “reeked” of gasoline when they arrived on the scene.
Bonds said no evidence had been found of gasoline on Craig Heidt.
Bonds also told justices that prosecutors withheld evidence of a shotgun that belonged to Carey Heidt. The gun was taken for repair by Carey Heidt’s widow, Robin Heidt Rast, during Craig Heidt’s murder trial.
“Was this one of the five firearms that had previously been turned over to the sheriff’s office and returned?” Justice David E. Nahmias asked.
“That’s their allegation,” Bonds said of the
prosecutors.
At a motion for new trial held in Effingham County Superior Court in March, Bonds alleged he learned about the shotgun after Craig Heidt’s murder trial.
Prosecutor Michael Muldrew has said the shotgun had no evidentiary value and Bonds knew of it at the same time as the prosecutor.
Sheriff Jimmy McDuffie testified at the new trial hearing that he and Muldrew had a conversation with Bonds about the shotgun during the trial.
Muldrew told the justices that Philip Heidt’s uncle took the five guns from Robin Heidt Rast in May 2009 over concerns she might injure herself. They were taken to the sheriff’s office and then turned over to Craig Bonnell, an attorney for both Craig Heidt and Robin Heidt Rast, Muldrew said.
“So to say counsel didn’t know is disingenuous,” Muldrew said.
Bonds said the prosecution’s contention that the shotgun was discussed in open court is not true.
“There’s nothing in the record to support it,” Bonds said. “I don’t want to call anyone a liar, but did they handle it in a nonchalant manner?”
Bonds said the shotgun was relevant.
“It was in the possession of Robin Heidt. She was a named suspect throughout.”
Bonds noted Rast mistakenly thought she was the beneficiary of her husband’s
$3.5 million life insurance policy. Carey Heidt changed the beneficiary to his children shortly before his death.
Testimony at trial showed Rast was having an affair with her brother-in-law Craig Heidt.
Their affair caused problems in the family, leading Carey Heidt to spend the night at his parent’s house the night he was killed.
Prosecutors have said the affair was a motive for the
killings.
Justice Nahmias noted that the burden to determine if the gun would be favorable to the defendant was on the defense, not the prosecution.
“Do you have anything beyond that it’s the same type of shotgun?” Nahmias asked.
Justice Nahmias questioned whether the meeting in open court to discuss the shotgun was on the record.
Muldrew said it was through the testimony of Sheriff McDuffie at the motion for a new trial hearing.
Bonds did not have time to finish his oral arguments, using up the 20 minutes
allotted.
The appeal also cites error in Judge Peed’s denial of a change of venue for the case and in seating jurors who said during jury selection they already had an opinion on the case.
Those jurors were questioned by Peed and “rehabilitated,” Muldrew said. Muldrew also said that Bonds did not object at the time of jury selection to Peed’s questions.
Muldrew told justices the evidence is this case, while both direct and circumstantial, was overwhelming.
“This was an execution,” Muldrew said. “Not a robbery, the only item missing was the defendant’s rifle.”
Muldrew said the murders were also thoroughly
investigated.
“They went down every rabbit hole,” Muldrew said of investigators.
Heidt is being held in Macon State Prison in Oglethorpe.
Bonds said he’d visited Craig Heidt in prison last week and that Heidt was hopeful.
“He’s in a rough place obviously. He’s hoping and praying, as well as his family, that justice will be done at some point.”
Muldrew said he believes the court will uphold Craig Heidt’s conviction.
“I thought it went very well and was glad the court listened to the arguments of both sides,” Muldrew said. “I have no doubt that they will do the right thing and affirm the conviction of Craig Heidt. The evidence clearly shows he did the crime he was charged with.”
A decision by the justices could take several months.
THE CHARGES AND VERDICTS
Count 1 malice murder: Guilty
Count 2 malice murder: Guilty
Count 1 aggravated assault: Guilty
Count 2 aggravated assault: Guilty
Count 1 aggravated battery: Guilty
Count 1 burglary: Guilty
Count 2 burglary: Guilty
Count 1 criminal attempt to commit arson: Guilty
Count 1 possession of a firearm during the commission of a crime: Guilty
Count 2 possession of a firearm during the commission of a crime: Guilty
Count 3 possession of a firearm during the commission of a crime: Guilty