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A nightmare of justice gone nuts. He was convicted, "beyond a reasonable doubt". What went wrong with our judgement of a "reasonable doubt"?
The problem wasn't our system it seems but a witness who lied. That's a tough thing to fix. Poor man. How do you reimburse a man for 19 years time? So sad when the innocent pay for someone else's crime. What is definitely wrong is that his being released was delayed because someone called in sick. Couldn't they have sent someone to the sick man's house and gotten his signature on the paper so they could at least end this travesty of justice? NO excuse for that.
What a crock of Sh!t...no one can step in for the ill judge and get this man out of jail NOW!!!!!!!!!
This is confusing. Just because someone said they lied, does NOT mean he did not do it. People have said that in many cases they lied and recanted a statement, but that did not let the person in jail off the hook. I mean if someone said I saw him kill a person then tells a judge they lied, it does not mean they really lied in the first place. If a witness feels threatened etc., they may recant a statement out of fear. In other words the recant may be the lie. There has to be more to this story somehow. Whether he is guilty or not, when he gets out I wish him the best of luck and hope he walks the straight and narrow.
Basically relying as heavily as we do on eye witness testimony which is notoriously unreliable.
Check this video which demonstrates that all of our memories are reconstructions and not at all accurate:
http://www.ted.com/talks/view/lang/en//id/1560
I hope I never have to try and identify someone who may have committed a crime - I don't even recognize the person in the mirror after I wake up.
Valorie you do have a point but after 19 years, i think it would be fair to say this wasnt about intimidation.
@Valorie ...You hope he walks the straight and narrow? You are being awful pious, don't you think? I suppose you walk the proverbial "Straight and Narrow"...? It is sanctimonious and imbecilic comments like this that wreak of foolishness. The man was a law abiding citizen, maybe like you are, and he did nothing, yet he got 19+ years of his life stolen from him and you have the GALL to say you hope he walks the S&N, you are a sad example. Try pulling your nose down, it is turned up so high that if it starts raining you might drown.
There is something seriously wrong with our legal system (notice I didn't say justice system?) when the system knowingly keeps an innocent person in prison because someone else is sick. Isn't there someone else who can step in and do the job of the ill person? Thank goodness this is not how our military functions - "Um, we're not really in a position to deal with this invasion, because we don't feel well. Can you come back in a few days when we feel better?" How is it that this scenario is unacceptable with respect to the military, but just fine for keeping an innocent man in prison?
How much of a price do you put on 19 YEARS of being in jail when you are NOT guilty?
I feel sorry for the poor guy to be honest we everyone!
There isn't another Judge around to, you know, ahhh......maybe let him free? They only had 19 years to fix this mistake. No other judges around in the state of California on the weekends? Oh I see, they like their freedom on the weekends! That states court system has balls like graperfuits!!!
The system is broken. Over zealous prosecution with all the resources, i.e., police on their sides. Pro Bono defense that is basically no defense at all. As pointed out here lying from witness' but I think many times that may be incouraged, indirectly, by the legal system. As a witness I have heard how bad these guys are and how bad they need to get them off the street some people want to feel like they are on the side of right even though they are doing wrong. Its been proven that many times prosecutors and police have found damaging evidence against thier case and supressed it. Our system is open to alot of mistakes. I used to be pro death penalty but not anymore. We need people of the courts working for justice not just quick prosecution and one more thing the states evidence that they use in so many cases where one or two rat on the rest in order to get a break is really questionalble. People trying to save their own skin might just say about anything. It needs work but being ran by a bunch of Lawyers I doubt that they will ever do the right thing.
Be forewarned: these types of wrongful convictions are about to explode exponentially as the Prisons for Profit system expands. Inmates + Years in Prison = Enormous Corporate Profits.
It doesn't matter who speaks against it, as long as profit is the motive and corporations are exempt from any criminal accountability even when knowingly killing, crippling and maiming innocent people you will never stop them. What's the worse that will happen? Pay a relatively small fine in comparison to the BILLIONS being made to turn the US into a nation of felons. These "bottom line" men and women of Corporate America will laugh their way to the bank as the average man, woman and child pay the horrific price for their greed.
40,000 New Laws in 2012:
msnbc.msn.com/id/45819570/ns/us_news-life/t/new-laws-toughen-rules-abortions-immigrants-voters/
Two radically different sources about the evils of Prisons for Profit:
cbn.com/cbnnews/us/2012/May/Nation-of-Criminals-Selling-Prisons-for-Profit/
commondreams.org/view/2012/04/25-7
What is even worse about our system, is once someone has "paid their punishment", we still continue to punish them for the rest of their lives by making them continue to wear the label of "felon" and prohibit them from employment and deny them some of their Constitutional rights.
We are becoming less and less "the land of the free" and more of "Home of the Prisons for Profit".
You got that right!
You got it right Debi, except for your last sentence. I've thought for some time now (since the 80s) that we've become the "Land of the Fleece" and the "Home of the Naive". The corporate prison system needs to end, and the voters are the only ones that can and will do it. The politicians that shirked their responsibility in the first place sure aren't going to do it.
You're absolutely correct canemah; the people need to take control. We need to find out what steps are necessary and then organize. Thankfully we have the power of the internet, or it would have been near impossible.
Our government has become unacceptably corrupt, while slowly, so it doesn't alarm anybody, imprisoning and removing the rights of the people. This America has become unrecognizable.
Wow, over 40 million illegal aliens running free in the country and we throw an innocent man in jail.
Guess who's hiring illegal aliens.......yes ...Mitt Romney....
Tony-633142
"Guess who's hiring illegal aliens.......yes ...Mitt Romney"
If he is it is because President Obama says they aren't illegals anymore..
Get a grip on reality will ya
Let me guess where you pulled that 40 million number out of...
Care to share with us how you made the leap from the reported story to illegal aliens?
Him being born black in a racist society didn't help his cause either...
Black? I didn't notice that. How can you tell?
The DA's want the conviction they don't care who they get as long as they have lots of convictions. innocence is not their concern The trade's bread and butter is convictions at all costs including their own integrity they just want the notch on their belt. purist evil
I don't even know what to say...unbelievable!!!
19 years... what a couple more days.... As soon as he gets out the lawyers will probably line up and the lawsuits can begin.... But how can you put a price on 19 years of your life being taken away and the possible horrors he experienced in prison.... he's a changed man forever.....
This may be a surprise to you, but not all states allow lawsuits for false imprisonment. Some states will tell you to suck it up and get on with your life. Crazy right?
My only thought on this is to "avoid the appearance of evil".
Why? truthhurts is correct, the system is broken.
What get me about this whole thing,Is that not one person will step forward and say release this man.I don't see why they could not releases him with and ankle bracelet on.
What really scares me is that over reacting police,district attorneys,and jury's.When the FBI has known for years that you show 8 different people the same fugitive face and body,then have them describe it to a sketch artist,and not one match's,some things wrong.When you have a DA able to throw all the resource at there finger tips at a person.That person has only X amount of money to pay a lawyer,there something wrong there.
But let's not forget our own culpability in all of this as citizens in demanding harsher and harsher crackdowns on crime and a lock 'em up and throw away the key sentencing. The politicians and lawyers are just pandering to and profiting from public fears.
Irrational and uninformed public fears, at that.
At the very least- the witness who lied should be convicted of perjury. I am not a lawyer but I believe this can have just about any sentence the judge likes. There should be an investigation of the entire prosecution in these cases!
Good idea, that will prevent other people from coming forward. Make an example out of this guy before more wrongfully convicted men are let free!
I see what you are getting at. And it may be the case. But I don't think most of these overturned convictions happen because of witness recant. In such cases the witness could make some sort of arrangement ahead of time not to face serious consequences.
My post was in the spirit of justice not to propose a perfect solution. I think it is important to keep in mind I asked for the entire prosecution to be investigated. The bottom line is no one should ever go to jail for something they didn't do. What is the appropriate thing to do for people in this case? Just letting them out is not enough. We also need to make sure everything is done to prevent this in the future.
If this was perjury by a single witness, then the prosecution was just. This is what the video seems to say.
Unfortunately, there is a statute of limitations on perjury so the person who lied can't be prosecuted for something he lied about 19 years ago. I suggest that he he be prosecuted for kidnapping or false imprisonment as that crime has been ongoing and thus does not have statute of limitations issues.
The real issue to me is how can "we" as society apologize for 19 lost years? No sum of money can make up for lost freedoms and youth. How many of his families significant events has he been denied access to? How can he apply for a job at his age with no work history without explaining where he's been and that he was wrongly convicted and not have the interviewer wonder how he will fit in in a work situation? This will be a lifelong stigma.
Nick Birke... its a double edge with no easy solution, either way, I agree with you either way innocent people don't belong in jail. The false statements deserve harsh punishment but the cost would be fewer people would come clean.
Stop the black bs.the da is a skumbag along with the cops that knew he did nothing wrong.Then you morons wonder why people hate cops and the da's.
It took nineteen years to find out that you are innocent of a past crime. Well now that state that convicted you for the nineteen years in prison. The State owes you nineteen years of your stolen life with interest. Go get them . The extra week in the prison you can prepare for your court proceedings with a attorney.
Beyond reasonable doubt should not include another person's statement. How can someone else's statement be beyond reasonable doubt. So just because someone else stated that he saw him do the crime he is guilty beyond reasonable doubt. That does not make sense to me. If that's true than the justice system is f**ked up beyond reasonable doubt.
I feel they should not make this man spend another day in jail. I hope he sues the state for 19 years he pulled in jail. God only knows what this man went through.
I can't tell from the video if the witness intentionally lied (thus perjury) or was simply mistaken.
If it was perjury, then the "witness" should do the 19 years.
old pics about this case : http: //adf.ly/Cnaht
the crowd are right , alone is wrong ! that's it very simple .