Accused murderer gets conviction overturned
New trial likely to be held in Macomb County Circuit Court
The murder conviction of a man who put devilhorned tattoos on his forehead following his arrest has been overturned, and a new trial likely will be held in Macomb County Circuit Court.
Joseph Thomas Reiner, 36, was convicted of firstdegree felony murder, home invasion and attempted murder for the 2011 slaying of JoAnn Eisenhardt, 69, who died several months after Reiner stabbed her in the neck with two knives in her Macomb Township home in 2011. He was found guilty by a jury and sentenced to life without parole in 2012. The U.S. Court of Appeals overturned the convictions
in April, and the case is scheduled for a pretrial hearing Sept. 9 in front of circuit Judge Carl Marlinga.
The federal appeals court overturned the state Court of Appeals and U.S. District Court by ruling Reiner didn’t get a fair trial because the potential key witness died before testifying thereby denying Reiner’s right to confront him.
Assistant Macomb Prosecutor William Cataldo, who prosecuted Reiner in 2012, said in response: “We are disappointed the federal court ruled on the issue contrary to the state courts’ approval, but we are prepared to try the case.”
One of Eisenhardt’s three sons, Howard, told The Macomb Daily it was “jaw dropping” and “unbelievable” when he was told three months ago by a Macomb victim rights advocate about the reversal.
“I’m shocked that something so evil and convincingly evil is getting another chance,” he said. “There’s definitely some anxiety” about a second trial.
Reiner is accused of breaking into Eisenhardt’s home on Fairchild Road, stabbing her twice in the neck and fleeing with multiple pieces of her costume jewelry. Reiner allegedly pawned the jewelry for $3 at the Gold Shop in Eastpointe.
But the pawn shop owner, Hadrian Lewandowski, died before the district court preliminary examination and trial.
Lewandowski’s statements about Reiner pawning the items was conveyed to the jury during the trial via the police, including a voicemail message from him. But a threejudge appeals panel agreed that was improper because Reiner’s attorney was never able to cross-examine Lewandowski.
The judges note the case against Reiner is wholly circumstantial, placing much of the burden of the case on the identification of Reiner.
“Lewandowkski’s statements provided the strongest evidence in the prosecution’s case of Reiner’s guilt,” the judges wrote. “Lewandowski’s statements — which the prosecutor also discussed repeatedly — provided the strongest (if not the only) evidence that Reiner possessed the jewelry.”
The state Court of Appeals also ruled that Lewandowski’s statements should not have been allowed but upheld the convictions because the error was “harmless.”
But the federal judges said that evidence still doesn’t measure up to Lewandowski’s statements.
“Indeed, without Lewandowski’s testimony, there was no proof that Reiner ever possessed Eisenhardt’s jewelry,” the federal judges said.
The state appeals court said other evidence was enough for jurors to determine Reiner committed the acts. They noted that two people — Thomas Kosciolek and Allen Pauli — who lived in the area saw Reiner walking on a road near the house, and that stood out because temperatures were extremely low on that winter morning.
Kosciolek, who saw Reiner walking on 22 Mile Road, gave him a ride to a bus stop at 15 Mile Road and Gratiot Avenue. Kosciolek testified Reiner was acting strangely.
A signature on the pawnshop receipt matched Reiner’s signature on two other receipts from the shop.
In addition, when Reiner was arrested driving a stolen car out of Grosse Pointe in New York, he told police there was “some big s—-” in Michigan.
But the U.S. judges said Kosciolek’s statement “is much more attenuated than Lewandowski’s direct statement that Reiner came into his shop and sold him Eisenhardt’s jewelry.”
Shortly after he was arrested, Reiner appeared in court with horn tattoos above his eyes that were created by a fellow jail inmate. Remnants of the tattoos can still be seen.
For his trial appearances, Reiner had the tattoos covered with makeup.
Reiner during his trial was represented by former attorney Tim Barkovic, who predicted following the conviction it would be overturned due to the lack of confrontation issue.
Barkovic’s daughter, Camilla, was requested by Reiner and appointed to represent him.
Camilla Barkovic could not be reached for comment Friday.
The case will be tried by Assistant Macomb Prosecutor Vicki Policicchio.
Reiner has been held without bond in state prison since the reversal but on Thursday was moved to the Macomb County Jail, where he will remain pending the outcome of the case, court records say.