Wrongful Child Abuse Convictions: Nereida Allen and Joshua Peacher Fight to Prove Their Innocence.

February 6, 2023

Update:  Recently, Allen and Peacher were granted oral argument at the KY Court of Appeals to be held on July 24, 2025.


In 2011, Nereida and Joshua were wrongfully convicted in Jefferson Co. of murdering Nereida’s 2 year old nephew. At an evidentiary hearing in May of 2023, attorneys for Nereida and Joshua presented newly discovered evidence, that the Commonwealth and its experts never disclosed, which shows Nereida’s young nephew actually died of chronic, untreated pneumonia. (Pictured above are attorneys with the Kentucky Innocence Project and the Exoneration Project who represent Nereida and Joshua) 

Above, defense teams for Nereida Allen (Kentucky Innocence Project) and Joshua Peacher, (Exoneration Project) from left to right:

Lyla Wasz-Piper, Whitney Wallace, Amy Staples, Miranda Hellman

A group of people are sitting at a table in a courtroom.

Above, Kentucky Innocence Project staff attorneys Whitney Wallace (far left), Miranda Hellman, (middle) and their client, Nereida Allen) in Jefferson Circuit Court at an evidentiary hearing in May 2023.

A young man is sitting on a bed wearing a grey sweater
October 16, 2025
Mr. Lamotte is Exonerated! Yesterday, October 15, 2025, the Kentucky Supreme Court denied the Commonwealth’s motion for discretionary review, affirming the Court of Appeals' reversal of conviction of Mr. John Brandon Lamotte! After nearly 9 years of fighting this wrongful accusation, conviction, and incarceration, Mr. Lamotte is finally exonerated and his innocence proven. Mr. Lamotte was represented by Amy Robinson Staples (EP), Whitney Allen (KIP), and Roy Durham (KY DPA Appeals). Investigator Jimmer Dudley (EP), Lou Ann Marston, and Jackie Knarr were also integral parts of the Lamotte team; his exoneration would not have happened without each person on this team fighting for him. For those who wish to read further, a fuller description of the case is below. Mr. Lamotte was wrongfully convicted in Franklin Circuit Court in 2019 of Assault 1st for the alleged stabbing of his neighbor and friend in 2017. But just months after his conviction, the victim recanted in writing and to at least three separate witnesses on three separate occasions, stating she had sent an innocent man to prison and that Mr. Lamotte had not assaulted her. The evidence supports that either her ex-boyfriend had stabbed her (which is what she told EMS upon their arrival, and exculpatory photos of the ex-boyfriend’s injured and scraped hands and arms were withheld from defense), or she stabbed herself in a suicide attempt, as she had attempted suicide previously and was recently released from a psychiatric hospital. When EMS arrived the blood was dried and she walked herself to the ambulance. Mr. Lamotte appealed his conviction, and during the pendency of his direct appeal, KIP and EP counsel filed a CR 60.02 motion to vacate his conviction based upon the victim’s perjured statements and additional Brady evidence that was uncovered during post-conviction investigation. The direct appeal was held in abeyance pending the post-conviction proceedings. The Franklin Circuit Court held an evidentiary hearing on the post-conviction claims in August of 2020, ultimately denying Mr. Lamotte’s motion to vacate. Mr. Lamotte appealed and consolidated his two pending appeals. In August 2023, the Court of Appeals issued an opinion reversing and remanding (Lamotte I). The COA held there was not sufficient evidence of serious physical injury presented at trial to convict Mr. Lamotte and mandated that on remand, the trial court must enter an order for judgement notwithstanding the verdict. Weeks later, however, in its own words, the COA reluctantly granted the AG’s petition for rehearing. While on rehearing. Mr. Lamotte filed a motion for bond pending appeal, which the Franklin Circuit Court denied without considering the merits. Mr. Lamotte appealed this denial to the Court of Appeals. On March 7, 2025, the COA entered an order directing the Franklin Circuit Court to fully consider the bond motion on the merits. Then, on March 14, 2025, the Court of Appeals rendered its second opinion, 70 pages in length, reversing Mr. Lamotte’s conviction (Lamotte II). The opinion is attached. Soon after, the AG, upon request of the Commonwealth's Attorney, filed a motion for discretionary review with the Kentucky Supreme Court. Because the appellate court had twice reversed his conviction, Mr. Lamotte renewed his motion for bond pending appeal. The Franklin Circuit Court held two adversarial bond hearings, gave the victim’s family two separate opportunities to submit victim impact statements, and ordered Mr. Lamotte be evaluated by a mental health professional before it would consider his release on bond. Mr. Lamotte and counsel complied with every order and jumped through every hoop, until the circuit court ultimately granted his release. On August 1, 2025, Mr. Lamotte was released on bond. Pictured are his team and family picking him up from KSR. Even then, the Commonwealth continued its quest to wrongfully incarcerate Mr. Lamotte, filing a motion to revoke his release just last month. But after 8+ long years, and with the Kentucky Supreme Court’s Order denying MDR, the case is finally over. Mr. Lamotte is now exonerated and free to move forward with his life and to try to heal from the injustice inflicted on him and his family.
September 6, 2024
KIP Attended the International Innocence Network Conference in New Orleans, LA.
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