Exculpatory Evidence

The Dallas Morning News has this article about Richard Miles, who was sent to prison for 40 years by a Dallas County court 14 years ago.  He was ordered released based on prosecutorial misconduct following the efforts of the Innocence Project uncovering "exculpatory evidence" in the possession of prosecution that was not given to Mr. Miles at the time of his conviction in 1995.  I'm quoting the report by Steve McGonigle and Jennifer Emily:

"The claim that Miles, 34, is innocent is still being investigated by the DA's office. 'We have serious questions as to whether he was convicted of a crime that was committed by someone else,' said Mike Ware, who oversees the DA's conviction integrity unit. Miles was convicted in the May 1994 shootings of Deandre Williams and Robert Ray Johnson Jr. near a gas station in the Bachman Lake area. Both men were shot multiple times while sitting in a car. Williams died. Johnson lived but was permanently disabled. If Miles is exonerated, he would be the second man District Attorney Craig Watkins has agreed was wrongly convicted in cases that did not involve DNA evidence.  Miles would be at least the sixth Dallas County inmate in the last two years to have his conviction voided because exculpatory evidence was not disclosed."

As I've said before, evidence is the testimony and documents allowed by the Judge to be heard by the jury or received by the Judge into consideration by himself if the case is tried without a jury.  Exculpatory evidence is that which tends to clear the accused from alleged fault or guilt. 

National Public Radio's Talk of the Nation, today, had an superb half hour-plus with Barry Scheck of the Innocence Project and others discussing plea bargains in American jurisprudence and the pitfalls for wrongful imprisonment of the innocent when prosecutors without integrity fail to disclose exculpatory evidence. 

The Judge Sniffs Your Briefs, Does not Like What She Smells

Great article at:http://www.law.com/jsp/article.jsp?id=1202435339263&pos=ataglance&hbxlogin=1

Journalism and Law students at Northwestern University who have been involved in the Northwestern University Innocence Project are being rung up in the Cook County Courts for the crime of being interested in justice, see: http://www.medillinnocenceproject.org/  That's right, student participants from in and around  Chicago are being subjected to ad hominem attack by the Illinois State Attorney.  The State Attorney's office has subpoenaed student records and grades in an effort to attack the credibility of the innocence project participants.  Huh?  Yes indeed, sometimes lawyers (including prosecutors) will abuse the legal process to harass and intimidate persons they view as thwarting them; you know helping to prove that some poor schmuck doing twenty years-to-life is actually,  hmmmm how do we say....INNOCENT!  What could a Innocence Pproject participant's grades possibly have to do with whether or not an inmate was wrongfully convicted years before?  Well, there is some sort of twisted logic at work, I assure you--goes something like this:  Miss Coed will get a better grade if she gets a witness to recant testimony that the prosecutor used to convict Joe Inmate--thus, the prosecutor reasons that he should look right up Miss Coed's academic skirt.   Pardon the expression, this is the classic fishing expedition.

Now in a perfect world, Judge Diane Cannon (no relation to Dyan Cannon) who is the Cook County Circuit Judge presiding over the matter would sua sponte (on her own without being asked to) tell the State's attorney to go pound salt--instead Judge Cannon asked for briefs, and the good folks at Sidley Austin (a high priced Chicago law firm, that either represents Northwestern or is representing these kids on a pro bono pledge) submitted a brief that the Judge took umbrage at.  It's interesting to me because one or more things may be going on:--perhaps the Judge is biased against the innocence project efforts; perhaps the Judge is a stickler for formalites and local court rules; perhaps the Judge was offended by the sarcastic and elitist tone of Sidley Austin lawyers' brief; perhaps, the Judge views the matter seriously and feels that the only way to deal with the competing interests is for everyone to act like adults so she can issue a ruling that comports with her view of the issues.

In all likelihood Judge Cannon will do the right thing and send the right message to the State's Attorney, Sidley Austin's attorneys do noone a favor by submitting a brief filled with invective and sarcasm.

After all, that's my job.

For more on the underlying case, see:  http://www.medillinnocenceproject.org/mckinney

Further Evidence that it is Dahlia Lithwick World and the Rest of Us are Just Sniffing Our Own Briefs

http://www.slate.com/id/2234604/pagenum/all/#p2

Dahlia on the Supreme Court Oral Argument in Pottawattamie County v. McGhee see also:  http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-1065.pdf

The Prosecutor has an absolute right to frame you!

The Supremes hear an oral argument, today, that addresses the unfettered right of  prosecutors to frame suspects in criminal cases--or, as the prosecutors frame the issue, "there is no-freestanding right not to be framed."

Council Bluffs, Iowa County prosecutor David Richter participated in the framing of two black men who were sentenced to life without parole for the shotgun murder of a white man.  The suspects Terry Harrington and Curtis McGhee were innocent, weren't there, didn't do it--someone else did, probably a white guy.  But Richter was running for office and needed to convict someone of the crime and these two recent high school grads from across state lines fit nicely.  So Richter and the cops coached a 16 year old (criminal) on the facts to act as their star witness and an all white jury convicted Harrington and McGhee.  After 25 years in prison Harrington and McGhee were exonerated and released from Prison, now former Bush-administration Solicitor General, Paul Clement, is trying to sue Richter, et al.

But, prosecutors are immune from lawsuit for framing innocent people. "Huh?!  Are you freaking kidding me, Bad Lawyer."  I kid you not.

For more details and analysis I yield the floor to NPR's  Nina Totenberg  http://www.npr.org/templates/story/story.php?storyId=120069519

Texas Govenor Supports Abolishing the Death Peanlty

No, it wasn't that asshole, Rick Perry--but see: http://www.nytimes.com/2009/10/20/us/20texas.html?_r=1

Get this, former Governor White thinks there might just be a little problem with putting innocent people to death. Wow. No shit.