TheAgitator.com
Innocence Roundup
Wednesday, December 16th, 2009A roundup of innocence stories from the last few weeks:
- Last month, I wrote a column about Michigan law student Nick Cheolas and convicted Michigan murderer Dwayne Provience. Cheolas was inspired by his own family’s run-in with the criminal justice system to work on the University of Michigan law school’s Innocence Clinic, where he worked on the team that helped winProvience a new trial. This week, prosecutors announced that they plan to proceed with trying Provience again. This, despite the fact that their main evidence against Provience is an eyewitness who has recanted his testimony, and that the same prosecutor’s office actually argued in another trial that a different man committed the murder for which Provience was convicted. His trial is in April. There’s better (but not exactly great) news in Cheolas’ family’s case. A judge has ruled against the town of Harper Woods’ attempt to stick the Cheolas family with the town’s legal expenses for their federal civil rights suit. The Cheolas family lost in district court, but plan to appeal.
- A D.C. man has been exonerated by DNA testing after serving more than 25 years for the rape and murder of a Georgetown law student in 1981. Donald Gates was convicted on testimony from a now-discredited hair fiber analyst and a paid federal informant.
- DNA testing has also cleared a Georgia man doing time for car theft. He was also convicted on testimony from an eyewitness.
- Cedric Willis, the first man in Mississippi to be exonerated of murder due to DNA testing, will get $500,000 from the state to compensate for the 12 years he spent in Parchman Penitentiary. The Jackson Free Press is calling for Willis’ prosecutors—who intentionally withheld evidence of Willis’ innocence—to be prosecuted.
- Attorneys for a Florida man who has served 35 years for the rape and murder of a young boy say DNA testing shows their client is innocent.
Applying some of the same logic that the pro-STATE groups use on sentencing, can we get “mandatory compensation” guidelines along the lines of ONE BILLion dollars for when faulty STATE labs return faulty results (and willfully negligent/criminal prosecutors withhold/make-up shit) that send innocent people to the clink?
This site is really a love/hate kinda place for me. On one hand, people are screwed which pisses me off. OTOH, they might eventually get out and that makes me happy. The one constant seems to be prosecutors generally suck ass.
The great news in the D.C. case is that the judge is calling for a review of all cases tainted by this discredited analyst. It would be even better if the analyst was also up on criminal charges
The sucky part is that there was all sorts of evidence he was innocent in 2007, and it just “took awhile” to get it reviewed. I’ll bet that if we made prosecutors and labs accountable for mistakes in the system that they would suddenly find more time to review and release people who they incorrectly jailed.
In cases where prosecutors withhold evidence, are they not disbarred if this comes to light? Also, can a person sue a prosecutor in civil court for damages (kind of like wrongful death, except for imprisonment)?
Remember. If you get convicted it is good evidence. If you are aquitted it is on a technicality.
Radley,
In that Provience trial, how is that not some of kind fraud/perjury/whatever when attorneys lie? If the prosecutor argued in court that one person did it, and then is prosecuting someone else, how can that stand legally?
Nando: the answer is NO. There is pretty much blanket immunity. Only hope is there is a case being considered by the SCOTUS right now that could change things.
Other than Nifong in N.C. (Duke Lacrosse players), who else can you point to? Remember, Steven Hayne is still testifying, even if he isn’t doing any more autopsies.
“This week, prosecutors announced that they plan to proceed with trying Provience again. This, despite the fact that their main evidence against Provience is an eyewitness who has recanted his testimony, and that the same prosecutor’s office actually argued in another trial that a different man committed the murder for which Provience was convicted.”
The murderous charade of prosecutorial immunity continues apace.
How many times do I have to point out this fact, which should be obvious to anyone with even a sliver of a conscience?:
Your *job* cannot relieve you of your primary responsibility:
Determine right from wrong, and act accordingly.
Didn’t any of these sadistic persecutorial assholes learn anything from Nuremberg?
“Applying some of the same logic that the pro-STATE groups use on sentencing, can we get “mandatory compensation” guidelines along the lines of ONE BILLion dollars for when faulty STATE labs return faulty results (and willfully negligent/criminal prosecutors withhold/make-up shit) that send innocent people to the clink?”
*You’d* still pay, while the perps skate.
#8 The only way they are going to learn from Nuremberg is to restage it with them as the guests of honor.
I’m surprised there aren’t already people taking personal revenge on those who hide behind absolute immunity. “I did the time, I may as well do the crime.”
More info the on the FL case. http://news.yahoo.com/s/ap/20091217/ap_on_re_us/us_old_rape_dna
Some surprising tidbits:
Thursday’s hearing was delayed 40 minutes because prosecutors were on the phone with the Florida Department of Law Enforcement. DNA tests were expedited at the department’s lab and ultimately proved Bain innocent. Prosecutors filed a motion to vacate the conviction and the sentence.
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Ed Threadgill, who prosecuted the case originally, said he didn’t recall all the specifics, but the conviction seemed right at the time.
“I wish we had had that evidence back when we were prosecuting cases. I’m ecstatic the man has been released,” said Threadgill, now a 77-year-old retired appeals court judge. “The whole system is set up to keep that from happening. It failed.”