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Thread: Man cleared of NYC murder after 25 years in prison

  1. #21
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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by Hard Truth View Post
    Agreed. Individuals need to be held personally accountable with criminal charges. Currently the government settles a lawsuit and the guilty individuals responsible for the wrongful conviction go unpunished. Too many DAs appear to care more about their conviction stats for the next election than doing what is right and just.

    There also needs to be tighter rules on police procedures used to make a case. Witness identifications can be significantly more accurate with better procedures. Also, all interrogations of suspects should be video recorded. Such measures were proposed in California and not surprisingly the police unions successfully lobbied to kill them.
    It's worse than that because most ADA's are (understandably) not elected, they are civil servants. The paramount metric used to push promotion and other advancement is conviction rate which encourages, in my opinion, unethical behavior in pursuit of that big numerical tally.

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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by CycloneWanderer View Post
    I doubt there is a conviction by a jury if there wasn't a false identification. It's one of the most powerful pieces of evidence. If you want anyone to blame for information being withheld at trial, blame the judge. The judge is the one who decides whether or not evidence reaches trial....
    That is true only if the judge is informed that the evidence exists.

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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by CycloneWanderer View Post
    ......If a prosecutor purposefully withheld exonerating evidence they'd be disbarred or be in jail.
    Only in theory, not in practice.

    "A former Texas district attorney agreed Friday to serve 10 days in jail for withholding evidence that could have stopped an innocent man from going to prison for nearly 25 years — apparently the first time a prosecutor has been sent to jail for concealing evidence helpful to the defense.

    Former Williamson County District Attorney Ken Anderson agreed to a plea deal that will also require him to pay a $500 fine and complete 500 hours of community service after state District Judge Kelly Moore found him in contempt of court for telling a trial judge in 1987 that he had no exculpatory evidence to hand over to lawyers for Michael Morton, whose conviction in his wife's death was overturned in 2011.

    Charges of tampering with evidence — which could have meant 10 years in prison — were dropped as part of the deal, under which Anderson will be disbarred........
    Gerald Goldstein, an attorney for the Innocence Project, a nonprofit legal clinic affiliated with the Yeshiva University Law School, said Anderson's sentence, however brief, was precedent-shattering.

    "This is the first time in the country's history that a prosecutor has been found guilty of criminal contempt, will go to jail and be stripped of their law license," Goldstein told NBC station KXAN of Austin.

    Pete Williams of NBC News contributed to this report.

    Watch US News crime videos on NBCNews.com
    First published November 8th 2013, 4:50 pm

    Note that the guilty DA got 10 days in jail, the innocent defendant served about 24 years in prison.

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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by Hatuey View Post
    You should read the article again. The prosecutor deliberately kept information that would have exonerated the man.
    Yup, he had a receipt from a Hotel in Florida which showed he was there, and not in New York, when the murder happened. The prosecutor buried that evidence, which would have exonerated the man. The prosecutor belongs in prison himself..... In the general population.
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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by Hatuey View Post
    Man cleared of NYC murder after 25 years in prison



    I have to wonder when prosecutors and judges that send men to jail for 20+ years on bs evidence will be tried for their abuses of the legal system? When will police officers who shoot unarmed suspects be tried for AT LEAST some sort negligence? As time goes by - we will see more and more of these wrongful convictions. This is no longer a situation of a few people being wrongfully convicted. This has now become a statistic. Thousands of people have been exonerated - there are still tens of thousands who may have served their sentences even though they were innocent. The prison complex is one that 1% of the country's population passes through every year. We must start taking measures the ensure innocents don't have to go through it.
    Rich people and government officials are above the law.
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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by danarhea View Post
    Yup, he had a receipt from a Hotel in Florida which showed he was there, and not in New York, when the murder happened. The prosecutor buried that evidence, which would have exonerated the man. The prosecutor belongs in prison himself..... In the general population.
    Indeed so, unacceptable misconduct. But we won't do it. We'll get more people in prison by allowing that prosecutor to remain than to punish him, and we want as many people in prison as possible.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by Kreton View Post
    No justice system is going to be perfect. Innocent people are going to be wrongly convicted. That being said it would be far less likely to happen should prosecutors and police be less worried about getting a conviction and more worried about getting the right person convicted justly.
    That's really a consequence of our adversarial system. Unless we want to junk it entirely, a prosecutor must try to the best of their ability to prove their case.

    Quote Originally Posted by JoeTrumps View Post
    man runs the government. man is(and will always be) flawed. ergo government(e.i. the prison system) is(and will always be) flawed. ergo(i.e. et al) will be flawed is what I'm trying to say
    So? We can still make it less flawed.

    Quote Originally Posted by Hard Truth View Post
    Agreed. Individuals need to be held personally accountable with criminal charges. Currently the government settles a lawsuit and the guilty individuals responsible for the wrongful conviction go unpunished. Too many DAs appear to care more about their conviction stats for the next election than doing what is right and just.
    Can you really blame someone for trying to keep their job? What we need is for the public to realize that convicting more people doesn't mean we got the right ones.

    There also needs to be tighter rules on police procedures used to make a case. Witness identifications can be significantly more accurate with better procedures. Also, all interrogations of suspects should be video recorded. Such measures were proposed in California and not surprisingly the police unions successfully lobbied to kill them.
    Agreed. The less we need to rely on individual police discretion the better. We need to do away with all these warrantless searches and make police interaction as uniform and transparent as possible.
    Liberté. Égalité. Fraternité.

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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by Paschendale View Post
    That's really a consequence of our adversarial system. Unless we want to junk it entirely, a prosecutor must try to the best of their ability to prove their case.


    .
    No. The prosecutor should try to find the truth. What I mean by that is prove who did it, not just get a conviction.
    “Most people do not listen with the intent to understand; they listen with the intent to reply.”
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    Re: Man cleared of NYC murder after 25 years in prison

    yet one more reason for not having the death penalty, you cannot undo death and if this man had been sentenced to death he might now been dead and buried rather than alive and free at last.
    Former military man (and now babysitter of Donald Trump) John Kelly, is a big loud lying empty barrel!

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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by Kreton View Post
    No. The prosecutor should try to find the truth. What I mean by that is prove who did it, not just get a conviction.
    I think you're confusing prosecutors and detectives. There should certainly be more demand on the DA's office to raise the threshold on which cases to try, and certainly punish prosecutors who conceal evidence or violate procedure. And if a prosecutor has doubts, must be absolutely free to express them. But when presented with a reasonable case, the prosecutor must zealously pursue it. We don't (and couldn't) require defense attorneys to make a judgment call about their clients and only defend the innocent ones. We cannot require that of prosecutors.
    Liberté. Égalité. Fraternité.

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