By Beth DeFalco
The Arizona Republic


May 18, 2002

A death row inmate convicted of killing an elderly grocer and his daughter in 1991 was granted a new trial Friday because he had an ineffective lawyer and because of newly discovered DNA evidence.

Recent DNA testing on preserved evidence shows that none of the victims' blood was found on David Hyde's clothing or belongings.

"The DNA evidence would have probably changed the verdict or sentence," wrote Maricopa County Superior Court Judge Thomas O'Toole, who granted the new trial.

Hyde, 39, was convicted of beating and stabbing to death Joyland Market owner John Lee Sr., 72, and his daughter, Ginger, 50, during a robbery. At Hyde's 1992 trial, Deputy County Attorney Noel Levy argued that blood found on Hyde's jacket, a bowie knife and front car seat came from the victims.

Hyde's half-brother, Jake Johnson, was tried separately but was acquitted. In a press release, Maricopa County Attorney Rick Romley challenged the new DNA tests' significance to the county's case.

Romley said that in the new trial, "We will present evidence that will convict the defendant beyond a reasonable doubt."

Hyde declined an interview Friday, but his attorney, Alan Simpson, proclaimed his innocence.
"The true murderer is still among us," Simpson said. Hyde's case also was overturned because of ineffective assistance by private attorney Duane Varbel.

Varbel successfully defended Johnson in the murder case. Later, at Hyde's request, Varbel represented him as well. O'Toole said because Varbel never interviewed Hyde before the trial, he could not properly defend him. Varbel was disbarred in June 1999 on four complaints, according to court records.

NEWS RELEASE

OFFICE OF THE
MARICOPA COUNTY ATTORNEY
RICHARD M. ROMLEY

Date: May 17, 2002
For More Information Contact:
Bill FitzGerald - (602) 506-[3170]

Conviction of death row inmate reversed

County Attorney makes plans to take case back to trial

Judge Thomas O'Toole has reversed the 1992 conviction of David O. Hyde, DOB : 6/18/62 for the murder of two people at the Joyland Market in Phoenix. Judge O'Toole sites two reasons for overturning the conviction. First, DNA tests on blood found on the defendants jacket was that of Hyde's brother Jackie Johnson and not that of the victims. Second he sites the ineffective cross-examination of a witness by a defense attorney.

"If witnesses and evidence are still available, I plan to take this case back to trial where we will present evidence that will convict the defendant beyond a reasonable doubt," said Maricopa County Attorney Richard Romley. "This is not a case where DNA is the linchpin evidence."

The new DNA tests do not exonerate defendant Hyde. The presence of blood on both Hyde's jacket and Johnson's jacket simply corroborated Hyde's confession to police officers and a jailhouse informant that he and Johnson were involved in the murder. This was further corroborated by eyewitness testimony that placed Hyde and Johnson at the Joyland Market shortly before the victims were murdered. There is additional evidence that will be presented at trial that the County Attorney's Office believes will convict the defendant beyond a reasonable doubt.

On March 8, 1991, 72-year old John Lee, and his 50-year old daughter, Ginger Lee were found murdered on the floor of the Joyland Market in Phoenix. Police developed information that led them to Hyde and his stepbrother Jackie Johnson. Johnson was tried separately and acquitted of both murders.