POCATELLO — Convicted murderer Torey Adamcik’s life sentence in prison stands.
Anna Stoddart, the mother of the murder victim, heard about it late Tuesday morning from her husband, who had talked to Bannock County Chief Deputy Prosecutor Vic Pearson earlier in the day.
After the news had time to sink in, she admitted that the Idaho Supreme Court’s decision to uphold the convictions and sentences of Torey Adamcik, who murdered her daughter, Cassie Jo Stoddart, came as a relief.
“It kind of does,” she said. “I was getting a little nervous because they came up with (Brian) Draper’s so quickly.”
The Idaho Supreme Court finally published that decision on Tuesday, roughly 14 months after hearing arguments in Adamcik’s appeal. The High Court upheld Adamcik’s convictions and sentences on both counts.
In all, Adamcik’s attorney, Dennis Benjamin, specified eight different points of concern with Adamcik’s conviction, including the lack of evidence proving he actually stabbed Cassie or that any stab wound he may have inflicted was a deadly wound.
Benjamin argued the court erred in denying a motion to suppress statements Adamcik made while in custody, that the jury was not properly instructed, and prosecutors made mistakes in their closing argument at trial. The attorney also challenged the district court’s denial of his post-trial motion for a reduction in sentence because the sentence itself amounted to cruel and unusual punishment, given that Adamcik was just 16 years old when the crime was committed.
Adamcik and Draper were convicted in 2007 of the stabbing murder of Cassie Jo, their Pocatello High School classmate, in September of 2006. Both were charged with first-degree murder and conspiracy to commit first-degree murder. Each was convicted on both counts in separate trials.
Both were sentenced to life in prison without parole by then Sixth District Judge Peter D. McDermott in August of 2007. Each defendant filed appeals for multiple reasons, which were denied by the Idaho Court of Appeals and subsequently appealed to the state’s top court.
The Idaho Supreme Court published its decision in Draper’s case in September, a little more than five months later.
The Idaho Supreme Court’s 63-page decision in Adamcik’s case was clearly more involved than Draper’s, which was 37 pages long. In Tuesday’s decision, written by Justice Jim Jones, the court denied Adamcik’s appeal on all eight arguments. Concurring with Jones were Justice Daniel T. Eismann, and Justice Warren E. Jones.
Justice Roger S. Burdick and Justice Joel D. Horton each dissented in part, while also concurring in part.
Adamcik’s attorney said he was obviously disappointed with the high court’s decision.
“We were disappointed in Brian Draper’s opinion as well as Torey’s,” Benjamin said. “They are different cases, but have a number of things in common, among them the life sentences without parole. The trend nationally and even internationally, is moving away from life without parole for juveniles.”
Any further appeals would be made to the U.S. Ninth Circuit Court of Appeals, followed by the U.S. Supreme Court. But Benjamin has no idea at this point if that will happen.
“I could do that, but it depends on what Torey wants, and what his family wants,” he said. “That would be years down the road. I assume he’s not going to give up. He’s a young man. I wouldn’t concede the next 60 years of my life.”
Pearson, who prosecuted both Draper and Adamcik with Bannock County Prosecutor Mark Hiedeman, were pleased with the Idaho Supreme Court’s decision.
“We’re extremely happy that the decision in the Adamcik matter came down (Tuesday) and the (Idaho) Supreme Court affirmed his convictions and affirmed his sentences,” said Pearson. “While nothing will ever bring back Cassie Jo, at least justice was served.”
Read the text of the Idaho Supreme Court ruling on the E Journal Extra: http://extra.idahostatejournal.com/?p=2067104670
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If you are interested in signing the online petition to deny a reduction in prison sentence for Torey Adamcik, you can visit the website at http://www.thepetitionsite.com/442/665/123/denying-a-reduction-in-prison-sentence-for-a-convicted-killer/
I'm glad you believe Torey's innocent. I'm one of the very few folks that agree with you 100%. It sucks how people's refusal to read the book causes them to think differently.
Nevada, did you read the book Torey's mother wrote? Because if you haven't, I recommend that you do so, because after you read the book, I believe that you would believe that Torey deserves rights as well. And if you're purposely ignoring the book, you could listen to my read alouds of the book on youtube.
Footballfan, how about you read the book his mother wrote, and then see what your thoughts on him afterwards. And if you're one of the stubborn people that's refusing to read the book, you could at least listen to my read alouds of the book on youtube.
The video that Brian made is proof that Brian killed Cassie. Torey did not kill her nor did he know what Brian was planing or that anyone could be serious about that. Brian spoke to others about killing but until Brian actually did it, it was just talk. Torey said he is innocent and he has never confessed, I believe him.
I saw the video the boys made before and after they murdered Cassie Jo Stoddart. They did not give any chance for Cassie to appeal for her life, Cassie Jo , just a little defenseless girl.
Why did this evil excuse for a human being get a appeal before the Idaho Supreme Court, that is not justice. Justice would have been served up cold if they would have taken him to the main yard at IDOC to see of he could have gotten a appeal there.
Very Sad for the families of the victim and the criminals, but they didn't give the victim any rights and they should have none. They were just "fortunate" not to have gotten the death penalty.
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