Judge Rules Against Deportation After Overturned Murder Conviction
A judge has ruled in favor of potentially releasing Subramanyam Vedam, an Indian citizen whose Pennsylvania murder conviction was overturned last year after spending four decades in prison.
The ruling followed a four-hour hearing during which Vedam, 64, maintained that he did not kill Thomas Kinser in 1980. Vedam participated remotely from the Moshannon Valley Processing Center in Philipsburg, Pennsylvania, and was questioned by a US Department of Homeland Security (DHS) attorney.
"I was young and stupid and did a lot of dumb things back then," Vedam said.
The federal government has sought to deport Vedam to India, the country he left as an infant in 1962.
Judge Highlights Rehabilitation and Public Safety
Judge Adam Panopoulos stated that Vedam demonstrated genuine rehabilitation and does not pose a public danger. The judge referenced Vedam’s efforts to improve literacy among inmates and his strong family connections, including nieces who have never known him outside of incarceration.
Vedam "has grown as a person" and "began to dedicate himself to enriching other people’s lives and ultimately his own through academic study and enrichment," the judge said on Thursday.
A DHS attorney argued that Vedam could still be deported due to unrelated drug distribution convictions. The department stated via email that "having a single conviction vacated will not stop ICE’s enforcement of the federal immigration law."
Background and Legal History
Vedam, known as Subu, was born in Mumbai, India, and brought to the United States at nine months old. He was raised in State College, Pennsylvania, where his father was a physics professor. Vedam is a legal permanent resident and was days away from naturalization when arrested.
Homeland Security has one month to file an appeal. Vedam’s attorney, Ava Benach, indicated plans to seek his release on bond.
Benach noted that Vedam hopes to live with a relative in Sacramento, California, and has been accepted into Oregon State University’s doctoral program in applied anthropology.
Overturned Conviction and Prosecutorial Decisions
Late last year, the State College prosecutor declined to retry Vedam after a Centre County judge found that prosecutors had failed to disclose relevant ballistics evidence during Vedam’s two trials. Vedam was close to release in October when ICE agents detained him and initiated deportation proceedings.
"I never stopped saying I was innocent of this charge," Vedam told the judge. He has been incarcerated since March 31, 1982.
Vedam and Kinser were high school friends, both 19 years old when Kinser disappeared. Kinser was last seen alive after taking Vedam to purchase drugs in December 1980. Kinser’s van was found outside his State College apartment, and his remains were discovered over nine months later in a sinkhole miles away. He had been shot in the head, but the gun was never recovered.
Vedam was arrested on drug charges and later accused and convicted of Kinser’s murder.
During the trials, jurors were told Vedam purchased a stolen .25-caliber gun and ammunition near the time of Kinser’s disappearance. However, they were not informed that an FBI report suggested Kinser’s head wound was too small for bullets of that caliber.
In a statement dated October 2, Centre County District Attorney Bernie Cantorna described the case as "a compelling circumstantial case" but noted that a third trial would be difficult due to the passage of time. Cantorna added, "the reality that 44 years is a sufficient sentence for a murder committed by someone who was nineteen years old."
Cantorna also noted Vedam initially denied purchasing or owning a .25-caliber pistol but later testified at the second trial that he bought the gun after Kinser disappeared. The FBI matched "distinguishing marks" on a bullet casing found with Kinser’s remains to a casing recovered from where the gun seller said Vedam had test fired it.
Deportation Risk Due to Other Convictions
Despite being cleared of Kinser’s murder, Vedam’s no-contest pleas to LSD distribution charges place him at risk of deportation. During the hearing, DHS attorney Tammy Dusharm questioned Vedam about other arrests, including driving under the influence and theft.
Dusharm told the judge that Vedam did not deserve to remain in the US, stating he "was using and dealing drugs, driving under the influence, committing theft-related offenses." She also referenced Vedam’s claims that he sold LSD only a few times.
"I find it fairly incredible that it would appear that every single time he sold drugs, he did so to an undercover officer," Dusharm said.
