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Thread: Accuser recants, but innocent jailed man waits

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    Accuser recants, but innocent jailed man waits

    Accuser recants, but innocent jailed man waits

    Judge in Hampton Circuit Court orders verdicts vacated, but state Attorney General's office blocks release, saying judge had no authority to rule

    According to Montgomery's lawyer, Deputy Hampton Public Defender Ben Pavek, the Attorney General's Office contends that the Circuit Court judge on the case, Randolph T. West, didn't have the authority to order Montgomery's release.
    That didn't sit right with Pavek, who slammed both the Department of Corrections and the Attorney General's office and said that West had authority to rule.
    "This is a purely innocent man being held in custody under no legal basis whatsoever," Pavek said. "They are defying a lawful, valid court order to release an innocent man who has been held in custody based upon a total fabrication for four years."
    The Department of Corrections and Attorney General's Office couldn't be reached for comment late Friday, but the Attorney General's Office has previously asserted that only higher state courts, not Circuit Courts, can order a defendant's release more than 21 days after a trial.
    Going to a higher court, such as by filing a "writ of actual innocence," could extend Montgomery's date of release by months, according to lawyers familiar with the process.

    Man's convictions wiped clean - dailypress.com


    I know someone who knows someone who knows this family. Never met them myself. But this type of problem should be handled more swiftly I would think.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

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    Re: Accuser recants, but innocent jailed man waits

    Quote Originally Posted by Boo Radley View Post
    Accuser recants, but innocent jailed man waits

    Judge in Hampton Circuit Court orders verdicts vacated, but state Attorney General's office blocks release, saying judge had no authority to rule

    According to Montgomery's lawyer, Deputy Hampton Public Defender Ben Pavek, the Attorney General's Office contends that the Circuit Court judge on the case, Randolph T. West, didn't have the authority to order Montgomery's release.
    That didn't sit right with Pavek, who slammed both the Department of Corrections and the Attorney General's office and said that West had authority to rule.
    "This is a purely innocent man being held in custody under no legal basis whatsoever," Pavek said. "They are defying a lawful, valid court order to release an innocent man who has been held in custody based upon a total fabrication for four years."
    The Department of Corrections and Attorney General's Office couldn't be reached for comment late Friday, but the Attorney General's Office has previously asserted that only higher state courts, not Circuit Courts, can order a defendant's release more than 21 days after a trial.
    Going to a higher court, such as by filing a "writ of actual innocence," could extend Montgomery's date of release by months, according to lawyers familiar with the process.

    Man's convictions wiped clean - dailypress.com


    I know someone who knows someone who knows this family. Never met them myself. But this type of problem should be handled more swiftly I would think.
    It's not unusual. There's a legal process for everything. And just because an accuser recants doesn't necessarily mean they are believed.

    Here's the most famous one I know of:

    Gary Dotson (born circa 1957)[1] is an American man who was the second person to be exonerated of a criminal conviction by DNA evidence.[2] In May 1979, he was found guilty and sentenced to 25 to 50 years' imprisonment for rape, and another 25 to 50 years for aggravated kidnapping, the terms to be served concurrently. This conviction was upheld by the appellate court in 1981. In 1985, the accusing witness recanted her testimony, which had been the main evidence against Dotson. He was not exonerated or pardoned at that time, but due to popular belief that he was a victim of a false rape accusation, Dotson went through a series of paroles and re-incarcerations until DNA evidence proved his innocence in 1988. Dotson was subsequently cleared of his conviction. http://en.wikipedia.org/wiki/Gary_Dotson
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    Re: Accuser recants, but innocent jailed man waits

    Quote Originally Posted by MaggieD View Post
    It's not unusual. There's a legal process for everything. And just because an accuser recants doesn't necessarily mean they are believed.

    Here's the most famous one I know of:
    I know. I mentioned that to the person who sent this to me. However, it raises serious doubt, and I do believe the process should favor the accused in situations like this.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

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