Showing posts with label Exonerated. Show all posts
Showing posts with label Exonerated. Show all posts

Friday, August 19, 2011

Breaking News: West Memphis Three Released

I was just over at the very worthy law blog, Talk Left, looking for a reference for a post that I'm putting together, and this story was at the top of the page. Do pay the blog a visit for details of the case, there is much to be found there, on this and other cases of injustice.

As I say, this is breaking news, and whereas there are but three comments as yet, one of which I'm going to borrow because it echoes my feelings exactly, there will be plenty more soon enough on what used to be, I don't know whether it still is, a very vibrant comments section.


This seems to me to be an extortion for their freedom. "Plead guilty and we will let you go, insist on your innocent, and remain in jail."

To me if they are letting someone who was on death row, and two lifers out, they don't believe they did the crime. So why make them cop to anything, they have served over 15 years.

Update: West Memphis 3: Alford Pleas for Freedom, Release

West Memphis 3 to Be Released
By Jeralyn, Section Innocence Cases
Thu Aug 18, 2011

A surprise hearing has been scheduled tomorrow for the West Memphis 3 , Damien Echols, Jessie Misskelley and Jason Baldwin. A gag order is in place, but WREG reports that two of them, including Damien Echols who was sentenced to death, will be released. Reports are that a plea deal has been arrived at under which all three would plead guilty to lesser charges and two would be released. Some reports say all three would be released immediately. The reports emanate from the families of the murdered youths, who were told about the deal but asked not to discuss it until tomorrow. The three have already been moved from their respective prisons for tomorrow's hearing in Jonesboro:

The Arkansas Department of Corrections says all three have left their prisons and are now in the custody of the Craighead County Sheriff's Office, taking all their belongings with them.

The Court released this statement:

The court will take up certain matters pertaining to the cases of defendants Baldwin, Echols and Misskelley on Friday, August 19, 2011. One session will be conducted out of public presence with all defendants present, and another session will be conducted in open court. The session conducted in chambers will likely begin at 10 a.m., followed by a public session, which will begin about 11 a.m. Space will be limited for the public session, first to the parties, counsel, and court personnel, then to family members of the victims and family members of defendants, with remaining seating to be occupied by media representatives and the public. There will be approximately fifteen (15) minutes between the chamber session and open session for media and public to be seated.”

The Arkansas Supreme Court ordered a new evidentiary hearing in the case which was set for December. The hearing could have resulted in new trials being ordered. No DNA links to the WM3 to the murders.

The WM3 website has this description of the injustices in the case, as taken from their February, 2011 brief. If you are not familiar with the case, here's their summary. Talk Left WM3


It was Talk Left and reading about the injustices there, that influenced the direction of my blogging ''career.''

I use the Exonerated tag loosely, because in the real world they have been exonerated, all be it eighteen years down the road.


Wednesday, February 13, 2008

Five Brit Muslims Have Conviction Overturned

.

I think by now my feelings about jihadists and would be's are well enough known but I do have to go along with this decision. Simple possession of readable material should be no basis for being brought to trial, it must be up to the government to prove intent, after all this country is not America where the rue of law has been suspended and thought is a crime.

Well not yet.


The convictions of five young Muslim men jailed over extremist literature have been quashed by the Appeal Court.


Freeing the men, the Lord Chief Justice said there was no proof of terrorist intent. The lawyer for one said they had been jailed for a "thought crime".


A jury convicted the students in 2007 after hearing the men, of Bradford and Ilford, east London, became obsessed with jihadi websites and literature.

The Home Office said it would study the judgement carefully.more

Tuesday, December 11, 2007

Georgia Man Wrongly Convicted Freed After Twenty Eight Years

.

Well done the Innocence Project giving Georgia man John White his freedom, tragically nobody can give him back what the system took, his life.

I guess the "nigger wool" found at the scene was near enough for them good ol' Georgia boys.

John White is a black man.

Atlanta – December 11, 2007
DNA test results have ruled out John White as the perpetrator of a rape for which he was convicted in 1980. White, 48, of Manchester, Georgia, has maintained his innocence of the crime for nearly three decades.

Through the efforts of the Georgia Innocence Project (GIP), the Georgia Bureau of Investigation (GBI) performed DNA testing that proves Mr. White is innocent of the crime. Mr. White was released from Macon State Prison on the evening of December 10, 2007. Said Mr. White last week when GIP representatives informed him of the results of the DNA test, “It’s hard to express it, but I feel good, relieved.”

Hairs from the crime scene were matched to White during the investigation by microscopic analysis, the best technology available at the time.........more Innocence Project


More Atlanta Journal. (Won't be archived forever)

Slightly more in depth AOL

Saturday, June 16, 2007

Rogue Prosecutor or A Consequence Of The System: Nifong

The status quo exists for any number of reasons, be it from, it's not broke don't fix it, to, perhaps it's not relevant in today's society, or quite simply, plain old apathy.
But in a majority of cases it remains because it's too entrenched, too costly to change, if not nigh impossible to change if only for the reason of logistics.

Gun control is a typical example, agenda driven pressure groups aside, the guns are out there and nothing in the world is going change that.
Though this article is not on the subject of guns I will just put my personal two bits worth in.
Am I against gun control ? I would have to answer that it would depend on the society I was living in.

Some few years ago we had a rampage/massacre event that so radically changed gun ownership laws in the UK that it is illegal to own a hand gun.



Apart from those directly effected (target shooting clubs) the country as whole was pretty much in favour, for after all we always have been relatively a gun free society and like it that way.
We are however witnessing a steady increase in gun violence in the less salubrious neighbourhoods obviously due to illegal possession by the "wrong uns," but that apart life ticks by.

But in a society that is awash with guns the status quo has to be excepted, for not least, the last two reasons I make mention of above.
Nor would I advocate disarming the "white hats" and leaving the "black hats" with access to a vast armoury of weaponry that, like global warming, is never going to go away.

All the accidental shootings, as unfortunate as they be, are a consequence of our old friend or enemy. the Status Quo.


Now to address the subject matter in the title of this article. Mike Niffong, rogue prosecutor or consequence of the status quo? The status quo in this case being elected judicial appointees, be it prosecutors, judges or whatever.

An existing system that with only the slightest of imagination can only appear fraught with dangers and littered with pitfalls.
Before you move further down the page I do hope you are not expecting some wonderful panacean revelation, for I fear elected Judicial appointees are just as entrenched in American Society as are firearms themselves and as we see in the case of Niffong potentially just as dangerous, and I am more than sure lethal in a multitude of instances.

So what can we make of Niffong and his motives, purely self serving? if we are to believe the comments of Gary Beeman who only makes incidental remarks about Niffong when writing about his own miscarriage of justice.

Gary Beeman spent three years on Ohio’s death row. He is also he only person to have ever won exoneration at a second trial proceeding as his own attorney after being sentenced to death. The prosecution’s main witness, an escaped prisoner, was likely the actual killer. He now lives in Niagara Falls.(Capital Defense weekly)


In 1976, I was indicted, charged and tried in less than three months for a murder I did not commit.

As shocking and traumatizing as the accusation was, hearing the guilty verdict and death sentence was far more so. I had previously thought that only the guilty were convicted, ................

Wrongful convictions occur far more frequently than most of us realize, than most of us can even imagine. There is no doubt in my mind that those Duke lacrosse boys would be in prison right now if their families had not had the means to challenge those allegations.

I have little doubt that the prosecutor would be addressed as Judge Mike Nifong today if the system had brought its awesome power to bear on those who did not have the means to fight back, which is happening very frequently. Full article




Self serving, no matter what the cost to others, culpable or not. it's hard to believe otherwise when we see testimony like this given at Niffong's

The head of a private DNA laboratory said under oath today that he and District Attorney Mike Nifong agreed not to report DNA results favorable to Duke lacrosse players charged with rape.

Brian Meehan, director of DNA Security of Burlington, said his lab found DNA from unidentified men in the underwear, pubic hair and rectum of the woman who said she was gang-raped at a lacrosse party in March. Nurses at Duke Hospital collected the samples a few hours after the alleged assault. Meehan said the DNA did not come from Reade Seligmann, David Evans, or Collin Finnerty, who have been charged with rape and sexual assault in the case.

Meehan struggled to say why he didn’t include the favorable evidence in a report dated May 12, almost a month after Seligmann and Finnerty had been indicted. He cited concerns about the privacy of the lacrosse players, his discussions at several meetings with Nifong, and the fact that he didn’t know whose DNA it was.

Under questioning by Jim Cooney, a defense attorney for Seligmann, Meehan admitted that his report violated his laboratory’s standards by not reporting results of all tests.

Did Nifong and his investigators know the results of all the DNA tests? Cooney asked.

“I believe so,” Meehan said.

“Did they know the test results excluded Reade Seligmann?” Cooney asked.

“I believe so,” Meehan said.

Was the failure to report these results the intentional decision of you and the district attorney? Cooney asked.

“Yes,” Meehan replied.

This case has been in trouble since the beginning.

Looks like the District Attorney, Mike Nifong, may be cuddling with bubba soon.

flapsblog.com/?cat=211
(Copied in its entirety from above)

Disturbing to say the least. My thanks to Michael Ramirez for the above, and as Mister Ramirez opines, will Niffong soon be playing bitch to Bubba's top? if there were any justice he would, lawyer I ain't but perverting the course of justice would seem to fit nicely here.

Alas it seems so rare that prosecutors or cops for that matter end up facing charges for malicious prosecution.

Perhaps other charges might be brought to bear, or perhaps we could introduce a new statute just for Niffong, something like causing a Nauseas Reaction whilst in pursuit of Bad Acting.

Well worth a statutory minimum of Twenty, I'd vote for that.

If you can get as far as I did, the four minute mark, give yourself a Purple Heart, if you can see the full eight minutes out, nothing less than the Victoria Cross.

So that's it folks, the system stinks. What's the answer? I haven't a clue.