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Subu Vedam could get a retrial. Centre County attorneys worry what that would look like 42 years later

Gopal Balachandran is the lead attorney for Subramanyam "Subu" Vedam and an associate professor of Clinical Law at Penn State Dickinson Law, where he directs the Criminal Appellate & Post-Conviction Services Clinic. In this photo, he's holding one of five boxes containing documents from the Vedam case. Balachandran said he has always been interested in the case as a fellow Indian-American and wanted to correct the injustice of Vedam's conviction.
Sydney Roach
/
WPSU
Gopal Balachandran is the lead attorney for Subramanyam "Subu" Vedam and an associate professor of Clinical Law at Penn State Dickinson Law, where he directs the Criminal Appellate & Post-Conviction Services Clinic. In this photo, he's holding one of five boxes containing documents from the Vedam case. Balachandran said he has always been interested in the case as a fellow Indian-American and wanted to correct the injustice of Vedam's conviction.

Subramanyam "Subu" Vedam, a State College man who has been in prison for 42 years, could get a new trial, but attorneys worry what the trial could look like after so much time has passed.

Last week, the Centre County Court of Common Pleas ruled in favor of Vedam. Judge Jonathan Grine overturned Vedam’s first-degree murder conviction and ordered a new trial. Vedam is accused of shooting and killing his friend and former roommate, 19-year-old Thomas Kinser.

Gopal Balachandran, Vedam’s lead attorney, said this kind of ruling against prosecutors is "stunning."

“The judge found they not only suppressed evidence, but they in fact presented false testimony, false or misleading testimony, in Subu’s trial in 1988," Balachandran said.

Whether or not Vedam gets a new trial depends on the Centre County District Attorney’s office. They could appeal the judge’s ruling, choose to retry Vedam, offer a plea agreement or drop the case entirely. So far, the DA’s office hasn’t said how it will respond.

“We are sensitive to how difficult and confusing this news is to the surviving family and friends of Mr. Kinser, and we are committed to following the facts and the law in pursuit of a just outcome," said District Attorney Bernie Cantorna in a press release.


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In February, Judge Grine heard recently uncovered evidence measuring the size of the bullet hole in Kinser’s skull, which prosecutors had during the original trials but did not share.

At the time, a local teenager said he sold Vedam an antique .25 caliber handgun, and that testimony was used in Vedam’s conviction. Defense lawyers did not have the measurements of the bullet wound to argue it didn't match the caliber size.

The DA's office said in its press release that Vedam has not presented information that challenges the jury's guilty verdict.

Last week, Judge Grine agreed prosecutors suppressed evidence and didn't give Vedam a fair trial. But, both prosecutors and Balachandran say it could be difficult to retry Vedam now after so much time has passed.

“Especially with all the witnesses missing because of either death or lack of memory," Balachandran said.

The original DA on the case, Ray Gricar, is also unavailable since he disappeared in 2005.

If Vedam does get a new trial, it could start in December, according to court documents. The DA's office said there is a pre-trial conference scheduled in November.

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Sydney Roach is a reporter and host for WPSU with a passion for radio and community stories.