The Facts in Torey's Case

• Torey has always maintained his innocence, Brian Lee Draper has confessed.
• There was a defensive struggle between Cassie and her attacker.
• There were DNA profiles from four males under Cassie’s fingernails. Brian was included as a contributor and Torey was excluded as a possible contributor.
• Cassie’s blood was found on one shirt, and one glove. DNA tests show that Brian was wearing both of these.
• Cassie’s blood was found on only one knife.
• There was no DNA evidence linking Torey to this crime.
• There was a single blood trail leading through and out of the house.
• On the videotape, Brian Lee Draper makes three separate statements that he, Brian, has just killed Cassie.
• The case was highly publicized from the beginning.
• Both boys were convicted in the press before ever going to trial.
• Brian’s trial was six weeks prior to Torey’s, at which time the videotape was released to the media and was posted on the internet.
• Some of the jurors admitted to seeing this key evidence before Torey’s trial even began.
• Torey’s judge presided over Brian’s trial six weeks previous, and could not remain unbiased.
• Not all evidence was presented at trial.

Why Torey Was Convicted

• He was convicted on circumstantial evidence (the videotape).
• The jury said that they heard Brian Draper say “We just killed Cassie” instead of “... just killed Cassie.”
• The prosecution said Torey confessed when, in fact, he did not.
• One of the jury instructions stated that if they found Torey engaged in conduct which caused the death of Cassie Jo Stoddart, they must find him guilty of murder. “Engaged in conduct” is too broad and unclear for a jury to understand.
• Torey was convicted in the press before he even went to trial.