Seeking Truth - Anne Stanton - December 28th, 2006 - The Northern Express - Judge Michael Haley

Anne Stanton - December 28th, 2006

In 1985, Jim Gainforth was put into prison for life without parole for murdering a young man at a Shell Mini-Mart, yet the jury was never presented evidence that his vision was arguably too poor to sight a gun.
Gainforth, at the time, refused to take a plea bargain and insisted on his innocence.His parents and their friends spent thousands of dollars on two attorneys since then, but ran out of money. Finally Gainforth himself wrote a brief that was filed in 2004.
Last week, a state appellate defense attorney successfully argued for a new trial for Gainforth. She contended that he couldn’t possibly have shot James Burton because he couldn’t see well enough to shoot at a distance of 50 yards, especially on a rainy night. Yet the issue was never raised in the original trial.
Eighteen months before the July 15, 1984 murder, Gainforth was discharged from the military because a blind spot in his eye prevented him from being able to sight an M-16, a rifle nearly identical to the alleged murder weapon.
His defense attorney at the time was Mike Haley, who now sits as judge for the 86th District Court and was the first witness called to the stand.

NEW TRIAL
Circuit Judge Tom Power agreed Gainforth’s defense was inadequate and granted a new trial, which the prosecution said it would immediately appeal to the state Court of Appeals. If the appeal is denied, Gainforth could theoretically get out of prison on bond as early as January 15, but that’s unlikely. Grand Traverse County Prosecutor Al Schneider said if he loses the appeal, he’ll take the case to the state Supreme Court.
Last week’s decision most certainly brings back the pain of the decades-old trial and senseless murder of James Burton, who was only 20 at the time.
It is a highly unusual ruling on a few levels. First, there’s the professionally awkward fact that Haley is an 86th District Judge and has been for a decade. He served as public defender in this case. Power, who is responsible for granting the hearing last week, is a circuit judge and sits one floor above Judge Haley (or at least did before the new courthouse recently opened), and hears appeals of his district court cases.
If you drew a circle around all the players and their offices in this case, you’re looking at a tiny realm where everyone must get along while trying to serve the higher cause of justice. The realm in 1984 included even the defendant’s own father—a deputy sheriff of 31 years. And yet this closely knit legal community decided to take a good, long look in the mirror and listen to the arguments of a man who sat in an 8x10 cell for 22 years.
READ MORE:http://www.northernexpress.com/michigan/article-2270-seeking-truth.html