Convicted murderer Posey pushes for overturn of conviction
Michael Posey makes a statement to people in the courtroom during his June 2007 sentencing. Posey is currently trying to appeal his conviction, seemingly bolstered by a question about one of the District Attorney’s former investigators.
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Former dentist serving time for killing wife
By MARSHA DORGAN
Register Staff Writer
Former Napa dentist Michael Posey’s attempt to have his murder conviction overturned has gained momentum.
On Thursday Napa County Superior Court Judge Stephen Kroyer ordered the Napa County District Attorney’s Office to give Posey’s lawyers personnel records for retired chief investigator Ed Knutsen. Knutsen was a chief investigator and a key witness at the 2006 trial.
As Posey appealed the conviction, the state Attorney General’s office stated that an unspecified personnel matter relating to Knutsen — who retired December 2007 — might be relevant to Knutsen’s credibility.
After San Francisco attorney Dennis Riordan began the process of appealing Posey’s October 2006 conviction, he received a letter from California Deputy Attorney General Aileen Bunney.
The letter stated a personnel matter unrelated to the trial but “relating to Knutsen has come to our attention ... An argument could be made that the matter is relevant to investigator Knutsen’s credibility.”
Bunney’s letter noted that the Napa County District Attorney’s Office did not learn about the matter until long after Posey was sentenced.
Since personnel records are confidential, Riordan filed a motion with the Napa County courts to have the district attorney turn over the pertinent personnel records for Knutsen.
Kroyer ruled in Riordan’s favor and ordered the personnel records be released.
“If the credibility of investigator Knutsen is an issue to impeach Mr. Knutsen, the (Posey) defense is entitled to see them,” Kroyer said.
However, he delayed the release for one week to give the district attorney time to decide whether to appeal his decision.
Kroyer also issued a protective order sealing Knutsen’s personnel records and prohibiting them from being made available to the public.
In an e-mail, Napa County Chief Deputy District Attorney John Goold noted the judge told the parties not to discuss the facts underlying Riordan’s request.
“It would be pure speculation to guess how this may relate to his (Posey) appeal,” he wrote. “We remain confident Dr. Posey received a fair trial and his conviction will be upheld.”
Knutsen was on the case from its origins in 1996 to Posey’s conviction in 2006.
Knutsen was the lead investigator for the Napa Police Department when Elizabeth Posey, 27, died of a gunshot wound in her Maplewood Avenue home in April 1996. After leaving the Napa PD to work for the district attorney’s office, Knutsen continued to pursue the case, resulting in the discovery of new forensic evidence leading to Michael Posey’s arrest and conviction a decade later.
On Oct. 26, 2006, a jury convicted Posey, 56, of first-degree murder in the shooting death of his estranged wife. He was sentenced to 29 years to life in prison.
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kittyamma wrote on Aug 14, 2008 4:38 PM:
sometimesnaparesident wrote on Aug 14, 2008 5:35 PM:
14obama wrote on Aug 14, 2008 6:17 PM:
sammy wrote on Aug 14, 2008 6:17 PM:
I remember seeing Dennis Riordan and speaking with him when Mike hired him and we were all greatly encouraged.
This is all just so disturbing to our family, the whole thing.
To J and T,..... hugs from your old friends. C. and S. and L. and M. and Me :) "
SouthNapa wrote on Aug 14, 2008 6:40 PM:
Winewoman wrote on Aug 14, 2008 6:48 PM:
kbf wrote on Aug 14, 2008 6:51 PM:
savenapa wrote on Aug 14, 2008 7:22 PM:
Doesnt it strike you a bit odd that during a struggle she just happened to get a bullet through the head? ummk I guess it is just rotten luck. "
napanative-momnwife wrote on Aug 14, 2008 7:37 PM:
Have ya'll seen how he treated his staff? Not only have I seen the abuse he put his staff through.....but I've been told about horrible accounts of his light-switch temper from first hand sufferers!
He's SOOOOOOOOOOOO Guilty! Can't wait for the new evidence to BURY him deeper!
You never know what has gone on behind the closed doors of their home! "Its better to FROM a broken home than raised in one!" Bless those boys! "
MarkMiwords wrote on Aug 14, 2008 8:51 PM:
db76 wrote on Aug 14, 2008 9:23 PM:
jmo wrote on Aug 14, 2008 10:43 PM:
Paddy wrote on Aug 14, 2008 10:50 PM:
unveilingtheulterior wrote on Aug 15, 2008 4:24 AM:
"An argument could be made that the matter is relevant to investigator Knutsen’s credibility”. Show me a lawyer that can not make argument, and I will show you a public defender.
He is a good father? I would not let him watch my kids, would you?
Waste of the courts time and tax payers money. Please take no offense to my view on this Matter , after all Its just my opinion "
MarkMathews wrote on Aug 15, 2008 6:47 AM:
marine1/1 wrote on Aug 15, 2008 8:11 AM:
HuDuVuDu wrote on Aug 15, 2008 8:21 AM:
Let him burn. "
Grits wrote on Aug 15, 2008 8:28 AM:
"Unrelated to the trial...an argument could be made...."
Of course ANY argument can be made! The murderer was allowed to walk the street for 10 years, and got his due process, finally!
I could argue with a stop sign, but that won't change anything! "
NapaNana wrote on Aug 15, 2008 9:00 AM:
He thought he got away with "MURDER" for too long. Nothing Man can do is suitable (bad enough) punishment for this horrible person. There can never be enough justice for
Elizabeth and her family.....those sweet boys......have to live their lives knowing their father murdered their mother.......over PRIDE and MONEY!
Rot Posey! "
getoverit wrote on Aug 15, 2008 9:17 AM:
I also witnessed his temper first hand. My son was a patient and had a deep cavity he was in pain Dr Posey proceeded to yell at him while he was in the chair getting drilled and then when I came in the room he irrupted.
I never let him touch my son or anyone in my family again. This was before I even knew he was suspected of killing his wife. I just felt he was violent and a little of kilter.
I had never had any kind of doctor show any temper before needless to say it shocked and scared us.
Based on his actions I hope he rots in prison and has to have a filling at some point. I imagine the prison dentist doesn't have a nice chair side manor either. "
steph wrote on Aug 15, 2008 10:13 AM:
sammy wrote on Aug 15, 2008 10:20 AM:
I want him found not guilty for the sake of his boys. It's purely selfish on my part and I realize that. I was with the boys when they were told the verdict and my heart wept for them.
Now with that being said,I often looked at Mike as one of the nuttiest, quick to anger men I've ever seen. Based on his personality alone I would have convicted him, but the evidence didn't stack up for me to give me clear and convincing evidence that he was guilty of this crime. I am not defending Mike, I have a heart for those 2 little boys. I know Liz had 4 boys, and of course my heart goes out to them but J and T were around me so I got to know them. "
sammy wrote on Aug 15, 2008 10:21 AM:
napgrl55 wrote on Aug 15, 2008 10:25 AM:
Grits wrote on Aug 15, 2008 10:41 AM:
injoy wrote on Aug 15, 2008 10:42 AM:
mofosheee wrote on Aug 15, 2008 10:45 AM:
suggest that you refer to the definiton of "personnel" and "personal" in a dictionary
We support Ed and truly wish that he prevails. "
Dwayne wrote on Aug 15, 2008 11:40 AM:
There's a lot of insight in your post that most people would not be aware of.
Very comprehensive... Thanks...... "
kbf wrote on Aug 15, 2008 12:14 PM:
longtimenapan wrote on Aug 15, 2008 12:29 PM:
sometimesnaparesident wrote on Aug 15, 2008 12:29 PM:
And so everyone knows, the Napa court was ORDERED by the state's attorney general to be hear this issue immediately. If someone wants to complain about tax-paying money maybe your time will be better spent writing your congressman instead of reverting to small-town gossip. "
napanmomof3 wrote on Aug 15, 2008 1:42 PM:
sammy wrote on Aug 15, 2008 2:36 PM:
catsvet44 wrote on Aug 15, 2008 2:51 PM:
biLly wrote on Aug 15, 2008 4:25 PM:
Good ol' Napa DA at it again wasting time, money and resources on BS cases like this...you have got to be kidding. Lieberstein is not getting my vote the DA's office here has their priorities all messed up. People in this community should really be upset. "
Winewoman wrote on Aug 15, 2008 5:04 PM:
savenapa wrote on Aug 15, 2008 6:37 PM:
I have a friend that worked in his office after the incident as well. She has told of similar stories such as those in this blog.
I certainly find it offensive when bloggers spout off when they are absolutely ignorant in the discussion. We all see that and i suppose that will never cease.
I agree that simply talking about things is usually not enough to make an impact. However, without discussion nothing happens. Awareness is the prerequisite to action and If we can impress a point or bring to light something that is cloaked then exposition is a huge matter. Please don’t underestimate the value of this venue or our collective voice. "
Winewoman wrote on Aug 15, 2008 6:53 PM:
doxyluvr wrote on Aug 15, 2008 9:12 PM:
dowhatsright wrote on Aug 15, 2008 9:52 PM:
"YOU NEED "CHRIST IN YOUR LIFE"
ROMANS CHAP10/vs.9-10.
Dont Fail "Posey" You have failed allready. REPENT!!!!!!
rg "
Injoy wrote on Aug 15, 2008 10:28 PM:
He was tried and found guilty by a jury of his peers.
He needs to rot in prison forever. "
lost1 wrote on Aug 16, 2008 11:21 PM:
97526 wrote on Aug 17, 2008 9:28 AM:
doxyluvr wrote on Aug 17, 2008 10:31 AM:
savenapa wrote on Aug 17, 2008 10:45 AM:
How do you know the credibility question from another case has to do with falsification of documents? I understand that whatever the matter, it is not public record. So either you have no idea what you are talking about, or you have leaked what is closed to the public. "Kroyer also issued a protective order sealing Knutsen’s personnel records and prohibiting them from being made available to the public." Either way you are out of line. if somehow I missed something here please correct me. "
savenapa wrote on Aug 17, 2008 10:57 AM:
MarkMathews wrote on Aug 18, 2008 5:20 AM:
lost1 wrote on Aug 18, 2008 1:31 PM:
lost1 wrote on Aug 18, 2008 2:02 PM:
sammy wrote on Aug 18, 2008 3:06 PM:
Once again, I know my "wishes" aren't realistic, because 4 children loss their Mama to a violent shooting. I wish like crazy that it was accidental and that the boys would at least have their Dad, but ultimately I wish it had never happened. Just a silly old woman I am, but I did see the heart ache in all the eyes of Liz's children and family and I'm so so sad for them. "
Winewoman wrote on Aug 18, 2008 6:13 PM:
lost1 wrote on Aug 19, 2008 12:23 PM:
sammy wrote on Aug 19, 2008 2:35 PM:
97526 wrote on Aug 19, 2008 4:29 PM:
I did not say it was from another "case". I stated it was an "unrelated matter". I did not leak anything. I just happen to know more than you but not as much as the AG. I do not feel I am out of line and you stand corrected. So before you start a war of words perhaps you should wait and see what the AG has to say. "
injoy wrote on Aug 20, 2008 9:06 AM:
LIZMOM wrote on Aug 20, 2008 2:05 PM:
sammy wrote on Aug 21, 2008 8:36 AM:
And you are correct in that the boys have an incredible Aunt, they have several Aunties that are wonderful women.
Stay Strong "
lost1 wrote on Aug 21, 2008 2:32 PM:
sammy wrote on Aug 22, 2008 9:39 PM:
I will never understand nor can I agree how siblings can be separated when the goodness is so evident. "
LIZMOM wrote on Aug 24, 2008 5:14 PM:
lost1 wrote on Aug 25, 2008 11:24 AM:
Not from Napa wrote on Aug 25, 2008 5:01 PM:
sammy wrote on Aug 25, 2008 11:20 PM:
Not from Napa wrote on Aug 26, 2008 7:37 AM:
lost1 wrote on Aug 26, 2008 12:24 PM:
Not from Napa wrote on Aug 26, 2008 4:39 PM:
lost1 wrote on Aug 28, 2008 11:59 AM:
ADark1 wrote on Aug 28, 2008 12:29 PM:
1. The appeals court could rule it harmless error. meaning the evidence found wasn't sufficient enough to sway the jurys verdict.
2.The evidence found could show shortcuts or vital information was lost and the investigator has done this before, but yet the evidence STILL can be construed a harmless error.
3. The evidence was deficient and could not still be enough to change the jury's verdict.
Once convicted, it is almost impossible for a convicted person to prove if but for such and such, the vedict woukld be different.
That standard is so high, its near impossible for a convict to get a new trial much less go free.
For example, look at all the convictions in Texas where it has been proven the DA's office had a win at all costs credo. Its taken over 20 years to get new trials, but yet many have already been executed except for those who DNA evidence has freed. LOL! Even some of them are STILL in jail.
So no, I don't think he'll be getting out of jail anytime soon. "
cathyodom wrote on Aug 29, 2008 9:24 AM:
Not from Napa wrote on Sep 4, 2008 9:05 AM: