Eyewitness Testimony Articles

Cody Vandenberg, imprisoned for 14 years, free as he awaits new trial

GREEN BAY - A man who has spent the last 15 years behind bars is free after his conviction has been overturned. Tuesday afternoon, 45-year-old Cody Vandenberg walked out of the Brown County jail. It was the first time in more than a decade and a half he was not in police custody. He and his family are elated.

Vandenberg was convicted of robbing and trying to kill a man, however, his legal battle is not over yet.

Fifteen years ago, Cody Vandenberg appeared in Brown County court, accused of robbing and trying to kill a man in this Bellevue trailer home. Since that court appearance in 1995, Vandenberg has been an inmate.

Tuesday afternoon, Vandenberg was back in Brown County court. This time, Vandenberg was allowed to leave on a $35,000 signature bond. It's a moment he and his family have been waiting for.

"I didn't feel I didn't do it. I knew I didn't do it," Vandenberg told reporters. "There was never any doubt that I did it or anything. There was just doubt that there would ever be any kind of justice."

One week ago, a state appeals court decided Vandenberg should have a new trial .

"I did nothing, so this is right," said Vandenberg.

Since the trial was held in the mid-1990s, staff and students from the University of Wisconsin law school's Wisconsin Innocence Project have worked on Vandenberg's case, and found some new evidence, including the confession of another man.

"It's unbelievable," said attorney John Pray of the Wisconsin Innocence Project. "It's beyond description. We're so happy that this day's come because it's been so long, so many years we've been working on this case."

Vandenberg is guaranteed a new trial. However, it's not clear if the case will go to trial - that's up to Brown County District Attorney John Zakowski. He did not respond to our request for comment on this case. The D.A. could drop the charges against Vandenberg.

"We hope there's no trial because we don't believe a conviction can be had in this case. I think it's safe to say we'll all feel better when the charges are dismissed - is that fair to say, Cody?" Pray said as his client nodded in agreement.

"I'm very very happy to have my father coming home," said Vandenberg's son Cody Vandenberg, Jr. "This is great. It's been a long long time since seeing him outside of the prison waiting, visiting rooms. It's going to be great."

Vandenberg will be back in court in four weeks.

After being released from prison Vandenberg said he was overwhelmed and didn't have specific plans for his first evening out of prison, other than eating "something that's not prison food."

FOX 11 contacted the victim in the case. He did not want to comment for our reports.