justins5256
06-20-2007, 10:35 PM
Some UM viewers remembered seeing the "second raft". I find this interesting, but apparently the appeals court did not...
COURT DENIES RETRIAL IN LAKE DEATH
St. Paul Pioneer Press (MN)
August 13, 1993
Author: BYLINE: Jim George, Staff Writer
Estimated printed pages: 2
The Minnesota Supreme Court has handed down a ruling that is probably the end of the judicial run for Larry Race.
In a unanimous decision, filed today, the justices rejected Race's quest for a retrial of charges accusing him of abandoning his wife to die in Lake Superior's frigid waters near Duluth.
Race, 43, who had exhausted procedural appeals before the high court, took the case before it a third time with the claim that new evidence about a crucial ``second raft'' was basis for a new trial.
Two Minneapolis sisters had come forward following a telecast of NBC's ``Unsolved Mysteries'' that sought information about discovery of a second raft in the Duluth area.
Race, of Hoyt Lakes, Minn., was convicted of first-degree murder in the 1982 death of his 33-year-old wife, Deborah. She died of hypothermia, the state claims, after being set adrift by Race in a raft he had disabled by slashing the bottom.
After her body washed ashore near Duluth May 12, the day after their 14th wedding anniversary cruise, police found on Race's boat a raft that had punctures on the underside.
Race claimed in his 1983 St. Louis County Court trial that his wife had climbed in an inflated raft after their cabin cruiser developed a leak that night. The wife insisted on leaving the boat, even after Race said he stopped the leak.
Race said he put on a dry suit and tried to tow her to shore, but the raft rope slipped from his numb hands and his wife drifted away. He claimed he managed to swim back to the cruiser and restart the engine, but failed to find his wife that night. Her body was found May 12 with no sign of a raft around.
Race claimed his wife floated away on an inflated raft and that the one found later on his boat was a second one that he couldn't get inflated that night.
The sisters testified last year at a district court petition for retrial that they had found a raft in either 1982 or 1983 that generally matched a raft Race described. At the hearing, one testified the location was Duluth, but at an earlier deposition had named the St. Croix River as the site.
The district court denied Race's petition, and the justices upheld the lower court. Writing the high court's opinion, Justice Esther Tomljanovich noted that the women testified about not being able to distinguish between a river and a lake and ``not knowing where Minnesota ends and Wisconsin begins.''
The justice said that ``given the many discrepancies in the story, the trial court did not abuse its discretion. Thus, in our view, compelling evidence has never been put forth to substantiate that a second raft existed.''
Edition: Metro Final
Section: Metro
Page: 8C
Index Terms: MINNESOTA SUPREME COURT RULING DEATH
Copyright (c) 1993 St. Paul Pioneer Press
Record Number: 9308130381
OpenURL Article Bookmark (right click, and copy the link location):
COURT DENIES RETRIAL IN LAKE DEATH
http://docs.newsbank.com.ezproxy.fau.edu/openurl?ctx_ver=z39.88-2004&rft_id=info:sid/iw.new
sbank.com:AWNB:PIPB&rft_val_format=info:ofi/fmt:kev:mtx:ctx&rft_dat=0EB5DD1
417BB3EB2&svc_dat=InfoWeb:aggregated4&req_dat=0D0CB4F5C0EA43AA
COURT DENIES RETRIAL IN LAKE DEATH
St. Paul Pioneer Press (MN)
August 13, 1993
Author: BYLINE: Jim George, Staff Writer
Estimated printed pages: 2
The Minnesota Supreme Court has handed down a ruling that is probably the end of the judicial run for Larry Race.
In a unanimous decision, filed today, the justices rejected Race's quest for a retrial of charges accusing him of abandoning his wife to die in Lake Superior's frigid waters near Duluth.
Race, 43, who had exhausted procedural appeals before the high court, took the case before it a third time with the claim that new evidence about a crucial ``second raft'' was basis for a new trial.
Two Minneapolis sisters had come forward following a telecast of NBC's ``Unsolved Mysteries'' that sought information about discovery of a second raft in the Duluth area.
Race, of Hoyt Lakes, Minn., was convicted of first-degree murder in the 1982 death of his 33-year-old wife, Deborah. She died of hypothermia, the state claims, after being set adrift by Race in a raft he had disabled by slashing the bottom.
After her body washed ashore near Duluth May 12, the day after their 14th wedding anniversary cruise, police found on Race's boat a raft that had punctures on the underside.
Race claimed in his 1983 St. Louis County Court trial that his wife had climbed in an inflated raft after their cabin cruiser developed a leak that night. The wife insisted on leaving the boat, even after Race said he stopped the leak.
Race said he put on a dry suit and tried to tow her to shore, but the raft rope slipped from his numb hands and his wife drifted away. He claimed he managed to swim back to the cruiser and restart the engine, but failed to find his wife that night. Her body was found May 12 with no sign of a raft around.
Race claimed his wife floated away on an inflated raft and that the one found later on his boat was a second one that he couldn't get inflated that night.
The sisters testified last year at a district court petition for retrial that they had found a raft in either 1982 or 1983 that generally matched a raft Race described. At the hearing, one testified the location was Duluth, but at an earlier deposition had named the St. Croix River as the site.
The district court denied Race's petition, and the justices upheld the lower court. Writing the high court's opinion, Justice Esther Tomljanovich noted that the women testified about not being able to distinguish between a river and a lake and ``not knowing where Minnesota ends and Wisconsin begins.''
The justice said that ``given the many discrepancies in the story, the trial court did not abuse its discretion. Thus, in our view, compelling evidence has never been put forth to substantiate that a second raft existed.''
Edition: Metro Final
Section: Metro
Page: 8C
Index Terms: MINNESOTA SUPREME COURT RULING DEATH
Copyright (c) 1993 St. Paul Pioneer Press
Record Number: 9308130381
OpenURL Article Bookmark (right click, and copy the link location):
COURT DENIES RETRIAL IN LAKE DEATH
http://docs.newsbank.com.ezproxy.fau.edu/openurl?ctx_ver=z39.88-2004&rft_id=info:sid/iw.new
sbank.com:AWNB:PIPB&rft_val_format=info:ofi/fmt:kev:mtx:ctx&rft_dat=0EB5DD1
417BB3EB2&svc_dat=InfoWeb:aggregated4&req_dat=0D0CB4F5C0EA43AA