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  • Centre Daily Times

    New evidence gives local man hope after maintaining innocence for 41 years in murder case

    By Bret Pallotto,

    8 hours ago

    https://img.particlenews.com/image.php?url=2JjiS4_0uXa4zeG00

    A State College man imprisoned more than four decades for a killing he says he did not commit plans to ask Centre County’s top judge Monday to allow a hearing into allegations that newly discovered information was withheld during his previous trials — evidence he believes could prove his innocence.

    Subramanyam “Subu” Vedam, 62, has spent about two-thirds of his life at Huntingdon state prison after being twice convicted of first-degree murder and sentenced to life in prison for the killing of his former classmate.

    At the forefront of his defense team’s new claims is an allegation that an FBI report found the size of the bullet wound found in the man’s head did not match the caliber of the gun Vedam was accused of using to carry out the killing.

    In a statement to the Centre Daily Times, Vedam’s attorneys wrote he is an “innocent man, wrongfully convicted and serving a life sentence for a crime he did not commit.”

    “By withholding this evidence, it’s clear that the former District Attorney deprived Subu of a fair trial resulting in his wrongful conviction,” defense attorney Gopal Balachandran said in a statement. “Prosecutors have a constitutional obligation to share all evidence they’ve compiled with the defense, and yet in Subu’s case, the District Attorney hid critical evidence that demonstrated his innocence.

    “That tramples over one of the most sacred tenets of our legal system: That everyone is entitled to a fair trial. After more than 40 years of wrongful imprisonment, Subu deserves a fair trial where he can present the evidence exonerating him. We have faith the court will agree.”

    If he’s successful in proving his innocence and gaining his release, Vedam would become the longest-serving inmate in Pennsylvania history to be exonerated.

    It’s been 41 years, five months and 11 days as of Friday since his first conviction. The longest imprisoned Pennsylvania inmate to be cleared of guilt spent 40 years, three months and four days behind bars, according to data kept by The National Registry of Exonerations.

    “What’s at stake here is the most fundamental principle our justice system is supposed to uphold: The right to a fair trial,” Balachandran wrote. “This new evidence substantiates what we’ve always maintained: Subu is innocent. And at this point, Subu is merely asking for an opportunity to present that evidence.”

    https://img.particlenews.com/image.php?url=1zSZan_0uXa4zeG00
    An undated photo of Subramanyam “Subu” Vedam, a State College man who says he’s spent more than 40 years in prison for a murder he did not commit. Courtesy of FreeSubu.org

    Vedam and Kinser’s story

    Thomas Kinser borrowed his parents’ van in December 1980 to give Vedam a ride so he could buy drugs in Lewistown. It was the last time he was seen alive by his family or friends.

    Two hikers found his decomposing remains about nine months later in a sinkhole in Harris Township. A forensic pathologist determined Kinser, 19, of Boalsburg, died of a gunshot to the head.

    Centre County prosecutors have alleged it was a .25-caliber bullet that killed Kinser, writing in court filings that a bullet of that size was recovered from inside his shirt and a casing was found underneath his body.

    In an October 2023 filing, a result of that new evidence coming to light, Vedam’s defense team described that as a “physical impossibility.”

    The wound in Kinser’s skull was “simply too small” to be caused by a .25-caliber bullet, his lawyers wrote. Instead, they floated the possibility that Kinser was killed by a smaller .22-caliber bullet; four such casings were found within seven feet of his body.

    No weapon was recovered at the scene. Prosecutors instead relied on information from a younger acquaintance of the two men who said he sold Vedam a .25-caliber firearm.

    After recovering a bullet and casing that prosecutors said Vedam “test fired” before Kinser’s disappearance, an FBI ballistics expert testified those and the ones found on Kinser’s remains were “both fired by the same gun.”

    Vedam was found guilty of first-degree murder in February 1983 following a five-day trial. An all-white jury convicted him on circumstantial evidence; law-enforcement agencies didn’t begin developing DNA databases until the early 1990s.

    The state Superior Court ruled two years later that the evidence was sufficient to sustain the conviction, but reversed it on the grounds that the judge improperly allowed testimony about Vedam’s prior misconduct.

    He was again convicted of first-degree murder in February 1988 and was sentenced to life in prison without parole. Several of his following appeals were rejected by statewide appeals courts.

    Family & freedom

    His latest attempt to secure his freedom gained momentum in September 2021 when Centre County District Attorney Bernie Cantorna voluntarily gave Vedam’s defense team full access to more than 3,000 pages of documents.

    Vedam’s team said its review of the documents uncovered new information that showed prosecutors concealed multiple pieces of evidence, including details about a key witness and what it described as shoddy investigative work.

    Those violations, they claimed, are strong enough to warrant a third trial.

    “For forty years, he has faced innumerable obstacles in trying to exonerate himself,” Balachandran wrote. “Now, for the first time in decades, thanks to Centre County District Attorney, Bernie Cantorna, who provided us access to their old files from the case, he has the evidence.”

    Cantorna’s office has pushed back in court filings. In a 105-page response, First Assistant District Attorney Josh Andrews and Assistant District Attorney Matt Metzger characterized Vedam’s claims as “meritless” 10 times.

    “None of these claims has any merit whatsoever, and the aggregation of meritless claims cannot be the ground for relief,” they wrote. “Nothing raised by Petitioner undermines confidence in the verdict, or gives rise to a reasonable probability that there could be a different outcome.”

    About four dozen people, including State College Borough Councilwoman Nalini Krishnankutty, attended a March hearing in support of Vedam. In the months since, yellow yard signs that read “We’re for fair trials. #FairTrialForSubu” and “We’re for integrity. #FairTrialForSubu” have sprung up in the Centre Region.

    Vedam’s family — the first from south India to make their home in State College — was a pillar of the community, especially among immigrants.

    His late mother, Nalini Vedam, welcomed members of the growing Indian community to her home for more than 60 years. She died in 2016 after 34 years of visiting her son weekly in prison. Vedam’s father died in 2009.

    “To see what it did to my parents, it was just the worst,” his older sister Saraswathi Miller-Vedam told the CDT. “Now this suppressed evidence has come out and it’s wonderful, but it’s also such a sharp thing that they’re not here to witness this.”

    A more than hourlong conversation with Miller-Vedam and her daughter Zoë Miller-Vedam revealed a closely-knit family, one that talks frequently despite the challenges that come with one of them being in prison and the others living on the West Coast.

    The younger Miller-Vedam has only ever known her uncle while he’s been incarcerated, but the 35-year-old described herself as “very, very, very close” with him.

    They often find themselves talking about books they have read and yoga. She said her uncle is a kind, caring and loving person who has been “such a big influence in my life.”

    “It would mean everything to our family,” she said of the possibility that Vedam is one day freed. “He’s one of the cornerstones of our family and just being able to be with him outside of the prison, to be able to continue to share our lives, to see him build his life outside of the prison would mean absolutely everything to us.”

    His 67-year-old sister — who isn’t afraid to remind him that she’s five years older, at least until his August birthday — spoke of the heartache that comes when a loved one is unable to attend weddings, family gatherings and births of children. She was also mindful that Kinser’s family may have similar experiences.

    But she also credited Vedam for forming close relationships with each of her four children and taking an interest in “each of their pathways.”

    “Even though my kids have a great relationship with him, I feel like that was taken away from us. I miss him,” she said through tears. “I miss having him visit us and be with us. He loved the outdoors and we live in this beautiful British Columbia now and every time I’m out on the water or hiking I think ‘Oh, Subu would love this.’ “

    Where things go from here

    Attorneys are due back 10 a.m. Monday in front of Centre County President Judge Jonathan Grine. Vedam’s team is expected to argue he deserves an evidentiary hearing regarding the evidence, while prosecutors will tell Grine they believe no hearing is necessary.

    Vedam is expected to attend via Zoom. His family said a contingent of his supporters is expected to pack the courtroom, including at least one person from Europe.

    After what’s felt like a lifetime of waiting for another chance, Vedam and his family are hoping for an opportunity to be heard.

    “It is, of course, about my brother, but it’s about so much more. It’s about the fairness of the system. It’s about what Centre County looks like to the rest of the world,” his sister said. “In an era where we’re talking about transparency and truth-telling and fair process and due process, it’s just one example of that. It’s bigger than just Subu.”

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