I heard part of a story this morning on NPR about a case being heard to day in the Supreme Court in which a man who was convicted on evidence which was fabricated and manipulated (this was proved after he had been in prison for many years) by the police and the prosecutor.

This evidence was brought out in an appeal of his case and he was aquitted and set free after about 30 years. His side contends that the authorities knowingly framed him just to quickly close the case. The lower courts apparently have found in favor of the police and the prosecutor. This seems like a terrible injustice to me.

What do you lawyers out there think? Ernesto, if you're lurking around here still, what do you think? I don't know if there are any other prosecutors that frequent this forum, but I would love to hear your opinions on this.

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OBK #55

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as difficult is it for some to imagine, this is not an unusual situation. for the definitive guide on convicting the innocent, check out the book, "An Innocent Man" by John Grisham. the book is Grisham's only non-fiction title. he spent countless hours researching the book about a man who went to jail for a very long time based on trumped up charges. the following interview with Grisham is telling........

http://www.amazon.com/Innocent-Man-John-Grisham/dp/0440243831/ref=sr_1_1?ie=UTF8&s=books&qid=1257343813&sr=1-1

he is currently being sued by the former prosecutors for LIBEL. the system is working.

http://www.msnbc.msn.com/id/21037670/

as an observer, it appears that wrongful convictions are more likely to happen in Jerkwater, USA than in a major metro city though they can and do happen everywhere.

"The sinners walk while the innocent go to JAIL" - HuskyMan

I did read that book and it scared the crap out of me. The fact that people would knowingly do that to another person is both scarey and very disheartening. I think that a prosecutor who would do that should not only be subject to a civil suit, but also to criminal prosecution.

I'm not talking about accidentaly prosecuting and convicting the wrong person. I mean clearly and malisciously convicting them. If a witness can be convicted of perjury for lying under oath, I think an officer of the court should certainly be subject to the same prosecution and penalties.

JD, where are you? What is your opinion about this?

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" We have nothing to fear but the main stream media itself . . . ."- Adapted from Franklin D Roosevelt for the 21st century

OBK #55

1998 Lincoln Continental - Sold
Max 1984 300TD 285,000 miles - Sold
The Dee8gonator 1987 560SEC 196,000 miles - Sold
Orgasmatron - 2006 CLS500 90,000 miles
2002 C320 Wagon 122,000 miles
2016 AMG GTS 12,000 miles

Don't know if that NPR story was the same one that is being played out here in Colorado. The innocent man here only spent about 10 yrs in prison I think. But in addition to the fact that prosecutors railroaded him, those same prosecutors are now judges in Colorado which is even more troubling. Don't know how far he's getting with his civil lawsuit.

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1984 300SD 315k--daughter's car
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the "system" rewards wrong doers. screw up and get a promotion.

a Civil Lawsuit is a 50/50 chance at obtaining "justice". he might receive $$$$ for his damages, but then again he might spend two to five years spinning his wheels.........(at $200 PLUS/hour legal fees, of course....)

It is the same truth of our legal system. For every case a prosecutor needs a fish to fry to close a case.
I was on a Grand Jury a few years ago and there was one case that was brought back in after 'new' evidence. A child died as a result of neglect in a house full of people. The prosecutor wanted to fry someone. After hours of evidence and testimony we, the grand jury, did not bill a single charge. We were indignant at what happened and wanted to strangle most of the people that gave testimony, but there just was not a 'smoking gun' to nail anyone with. After we voted not to bill any charges the prosecutor came back in and he was visibly pissed over the vote because it leaves him with a case where there was a crime, but no conviction.

It is really sickening to see one person's freedom taken away only to advance some other *********'s career. It's bad enough if it happens accidentally, but to find out they deliberately sent someone they knew to be innocent to prison for even ONE year is inexcusable.

__________________
" We have nothing to fear but the main stream media itself . . . ."- Adapted from Franklin D Roosevelt for the 21st century

OBK #55

1998 Lincoln Continental - Sold
Max 1984 300TD 285,000 miles - Sold
The Dee8gonator 1987 560SEC 196,000 miles - Sold
Orgasmatron - 2006 CLS500 90,000 miles
2002 C320 Wagon 122,000 miles
2016 AMG GTS 12,000 miles

Human prosecutors are also the ones that seek the death penalty. Something to consider.

Ego....over true justice

This is why I like the movie '12 Angry Men'. I think it should be shown in high schools as part of government. It really drives the point innocent until PROVEN guilty. Also, I think it challenges one to be a critical thinker rather than 'hear mentality'.

That is because people like you refuse to wake up and smell the coffee burning. I have lowered my expectations of people for a long time and this will not faze me in the slightest. I expect it. Think about it. if you are a prosecutor, what's in it for you? Maybe politics? Maybe a better job with better pay? Either way, what is your measure of success? The percentage of cases you win. Hence, motivation for you to play fast and loose around the rules.

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I expect people who aspire to be judges and lawyers, officers of the court, to have some ethical standards that are better than this. I realize that there are always exceptions in every profession, but I still expect it. When they disappoint, the should be punished for it.

I'm not naive, but if I was as cynical as you make out that you are, I'd have to move up into the hills and live like Ted K.

I find your attitude somewhat offensive, Aklim. Normally, I just laugh at your comments like this. You're certainly entitled to your own opinion, even if it;s wrong. I would certainly hate to see what our society looked like if everybody truly held that opinion.

__________________
" We have nothing to fear but the main stream media itself . . . ."- Adapted from Franklin D Roosevelt for the 21st century

OBK #55

1998 Lincoln Continental - Sold
Max 1984 300TD 285,000 miles - Sold
The Dee8gonator 1987 560SEC 196,000 miles - Sold
Orgasmatron - 2006 CLS500 90,000 miles
2002 C320 Wagon 122,000 miles
2016 AMG GTS 12,000 miles

Why? They are still people. Just because they have resisted some temptation doesn't mean they will hold out forever.

I would but I enjoy the luxuries I have too much to leave them. way easier to lower my expectations of people. No disappointment when you forecast how low they will sink and see them reach that level. OTOH, while they can resist temptation, it is a pleasant surprise.

So you would rather live in false hope? Like I said, been there, done that. Don't want to repeat it. Now, I have no disappointments and pleasant surprises. Or I could go back to the old drill and get what I expect (a push) or disappointed when they do go below expectations.

Edit: Now who is offensive. Ted K was accomplished. No doubt about that. He was an assistant professor at Berkeley. THAT, I find insulting. BTW, he got pissed at watching his home get destroyed by development. I am exactly that opposite. Also, I don't believe in sending bombs by mail.

__________________
01 Ford Excursion Powerstroke
99 E300 Turbodiesel
91 Vette with 383 motor
05 Polaris Sportsman 800 EFI
06 Polaris Sportsman 500 EFI
03 SeaDoo GTX SC Red
03 SeaDoo GTX SC Yellow
04 Tailgator 21 ft Toy Hauler
11 Harley Davidson 883 SuperLow

Back away from the key board.....Ted is now getting 3 hots-n-a cot and finally a decent haircut.

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Okay, I'm having a crappy day. I'll just quit typing now and stare at your avatar for the rest of the afternoon . . .

__________________
" We have nothing to fear but the main stream media itself . . . ."- Adapted from Franklin D Roosevelt for the 21st century

OBK #55

1998 Lincoln Continental - Sold
Max 1984 300TD 285,000 miles - Sold
The Dee8gonator 1987 560SEC 196,000 miles - Sold
Orgasmatron - 2006 CLS500 90,000 miles
2002 C320 Wagon 122,000 miles
2016 AMG GTS 12,000 miles