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Old 06-18-2014, 11:48 PM
 
48,519 posts, read 81,407,913 times
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Originally Posted by no kudzu View Post
I'm sick to death of stories like this. It is one thing to have been misidentified by a "witness", to be railroaded by an ex or to be in the wrong place at the wrong time but to be put in prison for 25 years because of the incompetence of police and attorneys is unforgivable. No amount of money will give this man his life back.

How many people are in prison with similar snafus by police or district attorneys. This man had proof (several times over) and still he languished in prison for 25 years. Some heads need to roll.

Man Cleared in '89 NYC Killing Plans $162M Claim - ABC News
I think perhaps it lawyers and juries more than anything else. After all they decide either by not representing their client well( no money ) or jury decides wrongly. Of course quite the opposite is often the case in a person getting off. We saw it constantly in many cities with mafia cases.
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Old 06-19-2014, 01:45 AM
 
Location: Manayunk
513 posts, read 561,998 times
Reputation: 1185
The sad part is many states have ruled that defendants are not entitled to have testing done on evidence in their cases. So although there may be DNA testing and other things that weren't available at the time that may be able to prove someone's innocence, most of the time the prosecuters office will fight it and 99% of the time they win. If a defendant wants evidence tested and they are willing to pay for it then why would the prosecution say no?

Too many times there is prosecutorial misconduct and they don't admit to it or even if they do, they don't get anything other than a "please dont do it again" after ruining someone's life.

What about the guy Troy Davis I think his name was? He was executed in Georgia for killing an off duty cop. The only testimony was from "witnesses" one of which was the original suspect who had a history of violence against cops. The others were people who had charges dropped in order to testify. 7 out of 9 witnesses recanted and said they were threatened by the cops and DA. The star witness, who was a suspect also, eventually said he did it but it was considered "heresay".

There was also a man who was sent to prison for raping a woman. She was so sure it was him. He served 20+ years until while he was in jail a guard mixed him up with another inmate. He then heard that inmate was joking and laughing and telling everyone that he did the crime and the other guy was locked up for it. The whole time the victim kept saying it was the original guy and fought to not be able to test the clothing for DNA. Eventually his lawyers did get it tested and proved it wasn't their client but the other guy who was in jail with their client.

How many people are there that are in prison because of "eyewitness" testimony. IMHO, witnesses shouldn't be enough to send people to jail for life or death. And why do DAs withhold evidence, or not want evidence tested when it comes our years later someone may be innocent. Instead of admitting they may be wrong, they fight it tooth and nail.

Innocence: List of Those Freed From Death Row | Death Penalty Information Center

That is a list of people exonerated from death row alone. That doesn't include those who were set free because they were innocent but instead of fighting the DA and going through a trial and risking jail again end up pleading "no contest" or even guilty to time served because they don't want to end up in jail again.
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