The right to a fair trial is a basic human right.

Torey Michael Adamcik was convicted of first degree murder and conspiracy to commit first degree murder, despite the lack of any physical evidence linking him to the crime.

Torey's Story - Case History

Torey Adamcik, was arrested September 27, 2006 and charged with first degree murder and conspiracy to commit first degree murder along with another 16 year old boy, Brian Lee Draper (same charges). Torey went to trial on May 31, 2007 and was found guilty June 8, 2007 on both counts. Brian's was also found guilty on both charges, on April 17, 2007. Both teens will be sentenced together August 21, 2007. Go the facts in this case.

Torey had only recently become friends with Brian, a high school classmate he met toward the end of spring 2006. We have since learned that Brian had a long history of writing about suicide and killing other people. Brian wrote on his MySpace website that he was "sick in the head and no one knows it." When Brian was in the eighth grade, he and two other boys were caught planning a school shooting. All three boys denied that they were serious. It was brought out that Brian had a fascination with the Columbine shooting and idolized Eric Harris and Dylan Kliebold. Brian wrote a detailed account of how he was going to go into the school and kill certain class mates that he felt had shunned him. He was very specific and graphic. He had a reputation at school of talking about killing people but no one took him seriously.

Torey has never been in any trouble and has always been a kind and loving child. He has plans for his future and has never suffered from depression or had any behavior issues. He has loved movies his entire life and was interested in producing movies. He wrote scripts and has been making movies with his friends since he was 10 or 11 years old. He became friends with Brian when they began planning a movie script together. Our lawyers said in opening statements Brian's prior bad acts and Torey's character witnesses would be shown in trial, But the defense team failed to do that and rested after only one and a half days.

Six weeks into their friendship, in September 2006, Brian began a thirty minute videotape representing two teenage killers. Both boys have claimed that this was just a movie. However, Brian gave specific details on the video tape about killing specific people. Torey never took the words seriously because he didn't think that Brian could be serious, he didn't believe he could actually kill someone.

On September 22, 2006 Cassie Stoddart, a 16 year old friend and schoolmate was stabbed to death while house sitting for relatives. Torey and Brian had been at the house with Cassie and her boyfriend Matt earlier in the night. While they were there Brian had gone downstairs and unlocked the garage door. After Torey and Brian left the house, Brian said they were going to go back in and scare Cassie and Matt. Matt's mother came and picked Matt up and shortly after Brian stabbed Cassie multiple times. Brian had video taped himself alone, violently playing drums at his home just 4 hours earlier.

Cassie's blood was found on one knife, one shirt, and one glove. Torey's attorneys arranged to have that evidence tested for DNA, and Brian Draper came back positive as the wearer of the shirt and glove, and Torey was excluded as being the wearer of either. Brian Draper's DNA was also found under Cassie's finger nails and Torey was excluded as a possible contributor. The district attorney's office and the police did not test any of the blood or other evidence to determine who was responsible for killing Cassie. The prosecutors discredited the DNA results, saying that we could have tested other blood evidence from the crime scene ourselves to clear Torey. All of Torey's clothes tested negative for blood. There is no physical evidence linking Torey to the crime other than Brian's video taping before and after her death. Torey has adamantly denied committing this crime or any knowledge that Brian was going to commit this crime. All forensic evidence points to Brian and he has confessed to killing Cassie, yet at the same time he continues to try to blame Torey.

On September 27th at 9am, 4pm, and 6pm the police insisted that we bring Torey in for an interview. At 5 pm. we met with an attorney who advised us not to give an interview without an attorney present but that they would not be able to accompany us to the police station until the following day. We went directly from the attorney's office to the station and told the detectives that Torey could not be interviewed that night because our attorneys would not be available until the following day. Torey sat in the hall outside the detectives' office and we spent 40 minutes alone with 3 detectives trying to convince them to wait, but they continued to threaten to arrest Torey unless we let them interview Torey that night. My husband, Sean, finally said that Torey wanted to cooperate and we were taken into an interview room. The detectives read Torey his Miranda rights and proceeded with the interview. A little over an hour into the interview Torey asked for an attorney. The detectives then started making repeated statements about evidence and told Torey that he is going to be arrested. Torey’s father mentions an attorney 4 times before the interview is concluded.

We filed a motion to suppress this interview due to the fact that we had requested an attorney be present before the interview took place. Dr. Gregory Declue, a forensic psychologist we hired to evaluate Torey, who has a learning disability, testified at the motion to suppress hearing that Torey could not understand his Miranda rights the way they were read to him. This motion was denied. The Judge ruled we had invoked right to council but still allowed the interview.

At the preliminary hearing Brian and Torey were together. Brian's videotaped police interviews blaming Torey were allowed to be played, violating Torey's 5th and 6th amendment rights. After the preliminary hearing, a motion to separate the two trials was granted. We filed a motion to dismiss the preliminary hearing, which was denied.

Torey's trial took place six weeks after Brian's trial and was tried by the same judge. The court was extremely biased against Torey and numerous mistakes were made. The foreman for Brian's trial was in the judges chambers during the reading of the verdict at Torey's trial, and Brian's jury was also brought in one week before Torey's trial by the prosecution and they were asked how they [the prosecutors] could get a conviction on Torey. Our attorneys told us that they had a law firm to consider and that they will have to try other cases in front of this judge in the future. Judge Peter McDermott did discredit one of Torey's defense witnesses in front of the jury. The judge made it clear to the attorneys that there was not going to be an acquittal on either count.

This case has received extensive media and web coverage from the beginning. The video tape Brian made is key evidence in the two trials. After the videotape was published to the jury in Brian's trial the videotape was played repeatedly on the news and on the internet. Jury members admitted to seeing this key evidence before Torey's trial. Torey was convicted before he ever reached the courtroom. This videotape is on the local news station website.

Torey has always denied that he had anything to do with hurting Cassie and was unaware of Brian's intentions. Torey was play acting on the video tape, saying things that he knew Brian wanted to hear. Brian told Torey, lets take out the humorous parts and leave only the dark stuff, then he told Torey prior to restarting the videotape to "say scary stuff".

There is no physical evidence linking Torey to the crime at all. Torey deserved a fair and unbiased trial, and we fear a life sentence will be handed down on August 21st by this judge. Torey didn't harm Cassie in any way, he didn't know Brian was capable of such violence and rage, and he doesn't deserve life in prison. He's already spent 9 months locked up in isolation in the county jail (he's allowed out of his cell for only 1-3 hrs per day). This is cruel treatment of a 16 year old boy who is innocent of the charges against him.