Name/DOC #

Thomas Martin Thompson C-91600

Address

San Quentin, CA/deceased

Date of Birth

March 20, 1955

Race

White

Date of Crime

September 11, 1981

Age Time of Crime

26

Date Sentenced

August 17, 1984

Victims

Ginger Fleischli

Race of Victims

White

Relationship to Defendant

Acquaintance

Summary of Facts Alleged by State

Thompson raped victim and then killed her to cover up rape

County of Trial

Orange, CA

Trial Judge

Robert Fitzgerald

Trial Attorney

Ronald Brower

Prosecutors

Michael Jacobs

Trial By

Jury

Race of Jurors

Unknown/not applicable

Convicted of

First degree murder with rape special circumstance, rape

Confession

No—he always maintained innocence

Accomplice Testimony

None

Eyewitness Testimony

The only eyewitness testimony, that of David Leitch, co-defendant, stating that victim had consensual sex with Thompson, was withheld by the State and later barred from review by the Anti-terrorism and Effective Death Penalty Act

Forensic Testimony

Very questionable evidence of rape presented by coroner and later successfully rebutted at Federal habeas evidentiary hearing

Jailhouse Snitch

Yes: 4 used at preliminary hearing. These were later discarded and 2 new informants were used with new variation on the so-called confession

Defendant Testimony

Yes: he admitted having consensual sex with victim, denied rape, and denied killing her

Principal Exculpatory Evidence

Co-defendant’s testimony that he saw victim and Thompson having consensual sex

Sentencing Authority

CA Death Penalty Statute

Statutory Aggravating Factor

No prior record

Non-Statutory Aggravating Factor

Mitigating Factors

No prior record

Evidence of Mental Illness Retardation and or Neurological Damage

No

Criminal History

None

Appellate History

Conviction affirmed in State court; Reversed and vacated in US District Ct.; Reinstated by 9^th Circuit Ct. of Appeals-3 judge panel; Reinstated by USSC, not on merits but procedurally

Ineffective Assistance?

Yes: found by US District Ct. and 9^th Circuit En Banc

Police Misconduct?

No

Prosecutorial Misconduct?

Yes: found by 9^th Circuit En Banc

Appellate Counsel

Quin Denvir, Gregory Long, Andrew Love, William Arzbaecher