Former Auckland Grammar student Clinton Thinn originally faced the death sentence for first degree murder after strangling his fellow inmate to death in a US jail. Photo / Supplied
Former Auckland Grammar student Clinton Thinn originally faced the death sentence for first degree murder after strangling his fellow inmate to death in a US jail. Photo / Supplied
Lawyers representing a Kiwi rapper serving 25 years for a United States jailhouse murder say the killing was more likely in self-defence because he was a "white inmate in a cell with two black inmates".
They also claim the judge's failure to properly instruct the jury undermined thedefence case and the New Zealand man's constitutional rights.
Clinton Forbel Thinn, 32, was jailed for life in 2018 for strangling Lyle Woodward to death over several minutes in a San Diego jail using a ripped cloth ligature in December 2016.
The step-brother of National Party MP Nikki Kaye, Thinn had been awaiting trial for a bungled San Diego bank robbery at the time of the killing after travelling to the US to pursue his fledgling rap career.
In US court documents obtained by the Herald, his lawyers claim crucial evidence about the violent and segregated culture behind bars was wrongly ruled inadmissible at Thinn's second trial and kept from the jury.
They also claim Woodward had bullied the former Auckland Grammar student inside the prison and stolen his food, leaving him vulnerable and isolated as a white inmate inside a foreign jail and more at risk of violence.
Clinton Thinn had traveled to the US to pursue his fledgling YouTube rap career. Photo / Supplied
In newly filed court documents obtained by the Herald this month, Thinn's legal team argues there was strong "circumstantial evidence" to suggest Thinn was assaulted by Woodward before the killing and that he'd acted in self-defence.
"Thinn had red marks on his body suggesting a physical struggle," a supplemental opening brief by Thinn's appeal lawyer Robert E Boyce states.
Thinn had also called for help as Woodward lay dying, suggesting he had not intended to kill his cellmate.
"The jury was aware from surveillance video that the jail was generally segregated by race, that Thinn was a white inmate in a cell with two black inmates, and that a deputy who worked at the jail found this fact remarkable.
"There was sufficient circumstantial evidence for the jury to infer that Thinn acted in self-defence."
However Boyce argued that the trial judge failed to direct the jury about self-defence, having ruled there was "insufficient direct evidence either of Thinn's state of mind or the circumstances of the killing".
Proper direction by the judge could have resulted in some jury members finding Thinn guilty of manslaughter, instead of murder, Boyce argued.
This failure had undermined the defence case and Thinn's constitutional rights.
"A defendant has a federal due process right to a determination of all elements of the offence charged.
"Further, a defendant has a due process right to have the jury consider defences recognised by state law which negate elements of the offense.
"The people had the burden of proving beyond a reasonable doubt that the killing was not justified."
Lawyers representing Kiwi man Clinton Thinn claim he killed a fellow US prison inmate in self-defence. Photo / Supplied
Boyce said the error must be reversed if it was "reasonably probable" a more favourable result for Thinn could have been reached.
He highlighted that Thinn's first trial resulted in a hung jury, after the judge instructed the jury on self-defence - a result more favourable to Thinn than a murder conviction.
"If the jurors had been properly instructed and not left with an all-or-nothing choice, one or more jurors in the second trial may have voted similarly to the jurors in the first trial. The error was prejudicial under any standard."
Boyce argued the "cumulative effect" of the errors had deprived his client of due process and undermined his right to a fair trial.
"Thinn's conviction must be reversed."
The Herald asked New Zealand's Ministry of Foreign Affairs and Trade (Mfat) whether it had provided assistance to Thinn during his incarceration.
A spokeswoman said Mfat was aware of the charges against Thinn, but he had not sought consular assistance.
Kaye has declined to comment while legal processes are ongoing.
"It continues to be an incredibly difficult time for all those affected."
"P-FUELLED RAGE"
Scott Leith and Matt Cross tackled Clinton Thinn to the ground and wrestled a semi-automatic weapon off him during a night out in central Auckland in July 2006. Photo / Alex Burton
He had his finger over the trigger guard and was carrying 40 rounds of live ammunition in his front trouser pockets and a spent round in the weapon's chamber.
Fearing a potential mass shooting, Auckland lawyer Scott Leith and his mate Matt Cross, who were enjoying a night out with fellow Army Reserve officers, jumped on Thinn and wrestled the weapon free, pinning him on the ground until police arrived.
"As I parked the car, myself and one of the other officers noticed Clinton walking in Fort St carrying and trying to hide a high-powered rifle under his jacket," Leith told the Herald.
"We immediately dialled triple 1 and decided we thought he was going to go and shoot someone if we didn't intervene. I leapt on him and wrestled the loaded firearm off him and held him down till police arrived."
It later emerged Thinn had earlier stormed out of his apartment, following a party, in what police described as a "P-fuelled rage" before stealing his father Neil Thinn's hunting rifle from his Parnell home and heading into the CBD.
Police later raided Thinn's apartment and found cannabis seedlings and a meth pipe.
After news broke of Thinn's murder charge in the US, it emerged he'd been treated for drug addiction and mental health problems in Auckland before leaving New Zealand to pursue his rap music dream.
