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Thibodeau case to be heard by state Court of Appeals

CNYCentral file photo

The attorney representing Gary Thibodeau, the man convicted in the 1994 kidnapping of Heidi Allen, says he will have his case to overturn that conviction heard by New York's Court of Appeals.

Lisa Peebles confirmed that she was notified Friday that the case is able to move forward, however a date for the case to be heard has not been set.

The Court of Appeals will hear the same appeal of Oswego County Judge Daniel King's decision in 2016 to deny Thibodeau a new trial that was heard by the Appellate Division of the state Supreme Court earlier this year. On a 3-1 decision, the appellate court upheld Gary Thibodeau’s conviction in June.

Thibodeau is the only man to be convicted in the disappearance of Heidi Allen, but asked for a new trial based on evidence of possible new suspects and new eyewitness testimony in the case.

Two years ago Gary Thibodeau's attorney identified new suspects and evidence she believes was withheld from his original defense attorney. Oswego County District Attorney Greg Oakes disputed claims that any evidence was withheld and said the information pointing at new suspects was not credible. The judge overseeing Gary Thibodeau's appeal in Oswego County did not find the new information compelling enough to overturn his conviction.

When asked about the Court of Appeals agreeing to hear the case, Oswego County District Attorney Greg Oakes said, "I feel confident in our case. We'll move forward with the Court of Appeals and hopefully we'll end up with the correct decision there as well."

Allen was abducted from a New Haven convenience store where she worked on Easter Sunday in 1994. Gary Thibodeau was found guilty of kidnapping the Oswego County woman in August of 1995. Gary Thibodeau was found guilty of kidnapping the Oswego County woman. His brother Richard was acquitted of the same charges at trial.

Thibodeau is currently serving 25 years to life behind bars for the kidnapping.

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