GREEN BAY, Wis. July 29, 2006

A Question Of Murder

Did John Maloney Get A Fair Trial?

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    Only On The Web: "48 Hours: Mystery" correspondent Susan Spencer talks about her upcoming story, "A Question of Murder." A homicide occurs, but the prosecutor winds up in jail.

    • John Maloney, a Green Bay, Wis. police officer, was convicted of murdering his estranged wife, Sandy, in 1999, though he has always maintained his innocence.

      John Maloney, a Green Bay, Wis. police officer, was convicted of murdering his estranged wife, Sandy, in 1999, though he has always maintained his innocence.  (CBS)

    • It was well known that Maloney's wife, Sandy, had serious drug and alcohol abuse problems.

      It was well known that Maloney's wife, Sandy, had serious drug and alcohol abuse problems.  (CBS)

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(CBS) 
Maloney says that he never abused Sandy physically during these fights. But at Maloney's trial, prosecutors told jurors that Sandy had complained about Maloney's violence to, among others, her psychiatrist, who says that Sandy showed him the bruises that she said Maloney had caused.

But Sandy's children said their mother would do anything to get more drugs. And as for the bruises, Matt says, "When she was drunk, she'd stumble around and fall into everything."

Police were called to the Maloney home numerous times, but a 48 Hours review found no report that made any reference to Maloney abusing his wife.

"If anyone was fighting, it was my mom hitting my dad," says Maloney's son, Sean. "People can say he was abusing her, or whatever, but in all reality, we’re the ones that were there and saw the stuff. And if anyone swung at anyone, it would be my mom hitting my dad."

In 1997, Sandy was drunk and wrecked the family car. Maloney had enough, moved out, filed for divorce and later took the boys with him. "It was a dangerous situation for them to be in," says Maloney. "I should have done something sooner than when I did."

Maloney's two youngest sons say their father was with them, putting together bunk beds, at the time police say he was off murdering their mother. Their support of Maloney has never wavered.

"He's been in jail or prison since I've been in the seventh grade. I’m in my second year of college now, so he missed a lot," says Matt.

But this image of a good man falsely accused got nowhere at trial, largely because of undercover videotapes that revealed quite a different side of Maloney. It was a side jurors felt they couldn't ignore.

Continued



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