Innocent in Prison?
Published October 05, 2008 @ 11:19AM PT
There's a myth that all prisoners say they're innocent. Ask someone who has served time in prison and they'll tell you that's not true. Of course some inmates will lie in an attempt to avoid a sentence and others will lie to other inmates to protect their pride and safety, but most inmates admit their guilt. Many of them believe they were sentenced too harshly, or received unfair treatment at the hands of an unbalanced system, and some of them are right.
The five cases below are relatively rare. These inmates say they didn't commit the crimes for which they are in prison. They may or may not be telling the truth, but all five have new evidence - developed or discovered since trial - that they are seeking to present to an impartial judge or jury. Find out how you can get involved to help them get another day in court. (Full disclosure, I work at the Innocence Project, which represented Dennis Fritz and Ron Williamson (mentioned in #1) and has been involved in a consulting role in the case of the West Memphis Three (#4).)
1. Karl Fontenot and Tommy Ward were convicted of killing a 24-year-old woman in Ada, Oklahoma in 1984. They gave confessions after their arrests, but said a short time later that the confessions were false and had been coerced by police. In their confessions, the men said they had stabbed and burned the victim, but her body was found a year later with a single gunshot wound to the head and no signs of stabbing or burning. The case is the subject of the book "The Dreams of Ada" by Robert Mayer, and the men were convicted by the same district attorney who prosecuted Ron Williamson and Dennis Fritz for a murder they didn't commit. Fritz and Williamson were exonerated in 1999 after serving a decade in prison. Visit Ward and Fontenot's website to contact their legal team and get involved.
2. Mumia Abu-Jamal, a former Philadelphia journalist on Pennsylvania's death row , is one of the world's most famous prisoners. The movement to "Free Mumia" has been an American cultural phenomenon for a decade and offers insight into the opposition to the death penalty. Abu-Jamal was sentenced to death in 1982 for the murder of a Philadelphia police officer, a crime he says he didn't commit. His legal team has repeatedly pointed to evidence of his innocence in appeals, including an alleged confession by another man. They also argue that there was racial bias in the jury selection at Abu-Jamal's trial and perjury in testimony by Philadelphia police officers. Read an update on the latest news in Abu-Jamal's case and get involved in the movement to overturn his conviction and free him from death row.
3. Schapelle Corby, an Australian woman, was sentenced to 20 years in an Indonesian prison for allegedly smuggling 4 kilograms of marijuana into the country. She claims the drugs were planted, and has gained a significant international following for her appeals to overturn her wrongful conviction. Visit the website created by Corby's family to support her appeals, and sign a petition for her release.
4. The West Memphis Three - Jessie Misskelley, Damien Echols and Jason Baldwin were convicted in 1994 on scant evidence of murdering three eight-year-old boys in West Memphis, Arkansas. At trial, prosecutors presented details about the defendants' taste for heavy metal music as evidence that the murders were part of a satanic ritual. Echols is on death row while his co-defendants are serving life in prison. Since their conviction, a movement has formed among musicians and the public to support the trio's appeals, and litigation is ongoing. There have been several major developments in 2008. Visit the West Memphis 3 website to get involved today.
5. Troy Davis is on Georgia's death row for the 1989 murder of a Savannah, Georgia, police officer - a crime he has always said he didn't commit. Although 13 witnesses testified at Davis' trial that they say him shoot the officer, all but two of them have since recanted their testimony. One of the two holdouts is believed by many to be the actual perpetrator of the crime. He came within two hours of execution in September before the U.S. Supreme Court granted him a stay. The court is expected to announce soon Visit Amnesty International's website to send a letter to the Georgia Board of Pardons and Paroles to support clemency for Davis.
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Wondering why the case of Leonard Peltier is not included here. He has spent over 30 years in Federal Prison for the alleged murders of two FBI agents on the Pine Ridge Indian Reservation in 1972. The case has since been written about by author Peter Matthiessen in the book _In the Spirit of Crazy Horse_ . Many are convinced of Peltier's innocence, which he always maintained. Two other men were tried and acquitted of the same crime and if Peltier had been tried with them in Iowa, there is a strong sentiment that he would also have been acquitted. Instead, he was tried in South Dakota by what many claim was a racist judge and was convicted on evidence that has since been shown to have been manufactured by the FBI to insure his conviction with the purpose of breaking the back of the American Indian Movement. Visit the http://www.whoisleonardpeltier.info/ website to sign his petitions in support of either clemency or parole.
Posted by Christine Christian on 12/15/2008 @ 03:52PM PT
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I too was wonder the very same thing !
The Leonard Peltier Defense Offense CommitteePO Box 7488, Fargo, ND 58106Phone: 701/235-2206E-mail: contact@whoisleonardpeltier.info
http://www.whoisleonardpeltier.info/parole.htm
http://www.whoisleonardpeltier.info/clemency.htm
http://www.whoisleonardpeltier.info/investigation.htm
http://www.whoisleonardpeltier.info/FOIA.htmConvicted on the basis of fabricated and suppressed evidence, as well as coerced testimony, Leonard Peltier has been imprisoned for over 30 years for a crime he did not commit. Many people believe that the Peltier case is an issue of "left" versus "right". It's not. It's an issue of right versus wrong.
Posted by Richard Owl Mirror on 12/17/2008 @ 03:09PM PT
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2004 Trial of Arlo Looking Cloud re Annie Mae Aquash.
BY MR. McMAHON: Q. What did Mr. Peltier say?A by KaMook Nichols. He said that he believed she was a fed, and that he was going to get some truth serum and give it to her so that she would tell the truth. Q. While you were camping in Washington, were there any discussions had in which you and Anna Mae were present in which sensitive material that you wouldn't have wanted in the hands of law enforcement was discussed? A. Yes. Q. Give me an example? MR. RENSCH: Objection, hearsay.THE COURT: Overruled. A. We were sitting one day at the table in this motor home. Anna Mae was sitting by me and my sister was on the other side, and Dennis was standing in the aisle, and Leonard was sitting on this side, he alternated between sitting and standing. And he started talking about June 26, and he put his hand like this and started talking about the two FBI agents. Q. What did he say? MR. RENSCH: Objection, more prejudicial than probative. And hearsay. THE COURT: Well, that is overruled. But what he said is hearsay, but it is received not for the truth of the matter stated, received only for a limited purpose, go ahead. BY MR. McMAHON:. Q. Tell the Court as best you remember exactly what he said? A. Exactly what he said. Q. Exactly what he said? A. He said the motherfucker was begging for his life, but I shot him anyway. Q. Had you ever heard that before? A. No.
Posted by Paul DeMain on 01/02/2009 @ 06:27PM PT
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When is Leonard going to be released. I wish the people in power would do the right thing and release him, he is wrongfully imprisoned.
Posted by Dawna Sharp Adze on 01/07/2009 @ 07:13PM PT
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Darlie Routier has been on Death Row in Texas since 1996 for a crime which she not only did commit but could not have committed. The State delayed her appeals for nearly a decade, effectively rubber-stamping them at the state level and taking no action on a Federal petition until the presiding judge ordered an immediate response.
Since then, Darlie's case has taken several great strides. Evidence has been ordered released for new DNA and other testing, and expert examination already done strengthens the case for Darlie Routier's innocence considerably. But far more remains to be done. And that will take money. Money which neither Darlie, nor her family, nor her law firm have. They have sold homes and taken multiple mortgages on others, sold many of their personal possession, and done countless fund raising activities over the past 12 years.
Now the case is in the home stretch....and what is needed to perform the DNA and other testing is $50,000. Which no one in a position to give it has.
In effect, the issue in Darlie Routier's case is no longer her guilt or innocence. It is whether someone will pay the $50,000 ransom which will secure her freedom. If it is not paid, she will die. If it is....justice will be served.
A strange thing to think of, that a system is poised to jam a needle full of poison into an innocent young woman's arm, but most likely won't, if someone pays the price.
It seems to me that a judicial system in which guilt or innocence is not determined by the size of one's checkbook ought to be a priority of the new administration. There is not, and never has been a cash register in a courtroom. No criminal defendant should ever be faced with the terrible prospect of having to buy back his or her own life.
Please, help Darlie Routier come home to those who love her. Let her have her day in court without first having to pay extortion to those who would take her life.
Posted by David Moffatt on 01/13/2009 @ 11:40PM PT
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The money that the Bush administration spent on the war should have been spent on overhauling the justice system - which by the way should be called the "injustice system". We need to be fighting the terrorism WITHIN this country ie, judges and prosecutors who convict with NO evidence whatsoever. Judges and prosecutors who convict and sentence with no evidence are terrorists. When are the American people going to wake up? I fear never. My brother has served three years for a crime he didn't commit. The trial was a travesty of justice. Based on NO evidence and only hearsay (which is against the law) the judge and the prosecutor broke several of my brother's constitutional rights. Is that terrorism or what? My mother has the tapes for those who don't believe that these things happen in the U.S today. Because he doesn't have money he didn't get the defense he needed. Just to reiterate - when you have men and women in black robes and prosecutors terrorizing a so-called "criminal" in a courtroom it's time to be afraid. This is Nazi Germany we're living in. These are dangerous times we're living in.
Posted by samantha rosa-re on 01/18/2009 @ 05:44AM PT
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You wrote my words, Samantha. We had a full fledged raid of our home. After not finding what they wanted, they made up whatever they wanted. Hearsay...and a clown court in this USA. The more they lied, the more clownish/tragic it became. They will NOT take the responsibility for anything. After a unanimous appeal...they only got worse and charged everyone of us. It is a communistic govt we're under today.
Posted by Linda Colonna on 04/05/2009 @ 09:58AM PT
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"Clown courts" that is as good as "Kangaroo Courts". It is funny how they make up things to either persecute an alleged "bad guy" or let one of their "good guys" off. Like Ted Stevens getting off, was it a mistake or planned intent to let their guy off.
In my girlfriends divorce I heard the words "officer of the court" and "friend of the court" stated by the husbands attorney. In private that attorney stated that they would "destroy us". Our own attorney and the courts swallowed everything this attorney had to say, hook, line and sinker. I had an argument with a judge over trying to present a rebuttal. Another time the judge ordered a Christian counselor, dismissing years of state social services counselors. Now how is punishment part of a divorce attorneys duties as an "officer of the court", if that is their duties then that means that the courts have a theocratic agenda.
"Punishment" - "witch-hunts" and "commie" hunts are not a thing of the past - they have evolved.
Posted by jowey styxx on 04/05/2009 @ 01:48PM PT
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Our assault experience in Manassas Virginia with the police fully demonstrated to me that "rule of law" was a farce. If they were willing to cover up a minor incident like ours I shudder to think what they are doing to others.
I have discovered that there is no longer the intent to ensure the integrity of the legal profession. Attorneys do not have the incentive to represent a client diligently, they are protected by the oversight institutions and cronyism.
In 2000 the Virginia State Bar avoided addressing "strategy" grievances with its policy change. This I noticed because it was the same year that my girlfriends attorney deserted, at that time I thought that attorney desertion was taken seriously. Rather than ensuring a more diligent population it is choosing to protect the "bad apples". When asked to identify the "good apples" it cannot.
We have had ten Virginia attorneys, nine used questionable strategies, this makes our collection one consisting of 90% "bad apples". The Bar cannot identify those that execute bad strategies because it avoids addressing the issue. In one discussion "word of mouth" was brought up as a regulatory agent for the attorney population. Here I did a study of sites that "review" businesses, only one of my "negative" ratings was posted. How can a client effectively "research" a prospective representative if "negative" ratings are not collected ?
The bottom line is that two parties know what was available and the client is being dismissed as stupid or having "sour grapes".
MAKE ATTORNEYS ACCOUNTABLE .... ensure that counsel is engaged in actually representing a client.
Posted by jowey styxx on 01/25/2009 @ 04:45PM PT
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Few professions seem to police themselves well and the law is an especially grievous offender. An employee who consistently did a bad job would quickly find himself without a job. An attorney banks his fee and moves on to the next client--or in some cases, victim.
A doctor whose patients routinely wound up in the cemetery would sooner later be recognized as incompetent. An attorney whose clients end up in jail can always shrug and say they got what was coming to them--and whether that is true or not, 99+% of the people will not even trouble themselves to find out. Of course once someone is locked up they certainly have no likely recourse against the attorney, just as the man in the cemetery as no voice to raise against the doctor who prescribed the wrong drug or told him that his cardiac symptoms were "all in his head".
If misconduct by an attorney led to the possibility of facing the same sort of fines or prison time his clients do, we just might see an improvement in professional services. But only by those attorneys who represent clients with enough money and cojones to recognize that they have been wronged and pursue action against a rotten apple in a barrel of apples that will fight every attempt to pluck the pestilence from among them.
Posted by David Moffatt on 01/25/2009 @ 05:40PM PT
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What amazes me is the lengths that these "legal professionals" go to cover up their mistakes, the excuses that they make up in order to disregard a client.
Name calling, client is stupid, client doesn't understand, client is a bad client - kind of funny a professional blaming the client. It is their job as performance professionals to identify the assets, actually review their merit and execute a functional strategy within the framework of the law.
My latest experiment with the "open" sites, such as Yahoo and Martindale is interesting. My negative posts still have not shown up - and - no response identifying the reason.
In one of my numerous letters to the Virginia State Bar they identified that one should "research" an attorney.
How can one make an informed decision if only "good" reviews are posted ?
How are attorneys that execute poor strategy consistently culled from the population - what regulates this industry ?
The Virginia State Bar excuse "poor strategy" claiming that there are some "bad apples" but most are diligent - so how many "bad apples" are there ?
What is this oversight institution doing to identify the "bad apples" ?
Having said that, has anyone done a study that cuts through the BS on the damage caused by this avoidance policy ?
America has one of the highest prison populations in the world. What is the percentage of innocent in jail as a result of an attorney that dismisses available evidence - such as a CVS store video ?
Posted by jowey styxx on 01/26/2009 @ 02:49PM PT
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David, You hit at the core of wrongful convictions that none of the Innocence projects will acknowledge. Complaints have been filed at the State Bars and those too are ignored. That is why the lawyers don't have to do any work except collect the upfront fee. They are protected and all eat of the same legal trough.
Posted by Camille Tilley on 11/03/2009 @ 10:36AM PT
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Go to SAVEJAMESWILLSON.COM and get involved in an innocent Americans literal fight for his life and the INJUSTICE that plagues his well being. He has been wrongly detained and convicted. Although they have NO evidence that James was involved in the wrong doing he has falsely been charged with, they continue to keep him incarcerated and continue to leave his medical needs unmet. He suffers from diabetes and since May of LAST YEAR has yet to receive his proper diabetic medications. He has lost an extreme amount of weight from the lack of medications, malnutrition and dehydration. He is in grave grave health. The court admit to violating his every right...yet noone doesn't anything to rectify the situation. His friends and family are working very hard to get the word out, get politicians involved and can't seem to get anyone to move with any urgency. In the meantime, his health is rapidly deteriorating in a Moroccan prison...go to the website, contact the family and indulge yourselves in the facts. Get involved and HELP GET THIS INNOCENT AMERICAN THE MEDICAL ATTENTION HE DESPERATELY NEEDS BEFORE IT'S TOO LATE.
Posted by Michaeline Rosenquist on 02/13/2009 @ 09:09AM PT
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Abu Jamal is where he belongs, in prison. This creep shot a Philadelphia Police officer in cold blood and there were witnesses including his own brother who testified against him. In attempting to act as his own lawyer he was silenced because he was unable to follow the Rules Of The Court and was appointed counsel.
Prisoners were never given radio shows to attempt to sway listeners to protest their convictions. Why can Jamal be heard and others can't? The Hollywood liberals have stood behind this cop killer and they want him released. Luckily, for the average citizen, we are safe from Jamal and I hope we remain safe until he dies in prison.
Posted by jack barr on 03/22/2009 @ 07:22AM PT
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We cannot overlook the innocent in jail and those overly sentenced. Those who are free must do what they can to bring justice to the justice system!
Posted by Rosemarie Barrios on 03/23/2009 @ 10:09AM PT
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People have mentioned individuals who are innocent and should be freed yet, nobody has mentioned the travesty of incarcerating 100's of 1000's of people each year for simple possession of small amounts of Marijuana.
Imagine the benefit to our State and Federal budgets if we didn't spend all these funds housing, feeding these people, in turn keeping them from being employed tax-payers.
Posted by Richard Owl Mirror on 04/05/2009 @ 06:45AM PT
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Try an experiment if you believe that you were not represented adequately. Try and post a negative review of your attorney on the main links that show up in the search engines.
One will be either ignored or ridicule these were on the legal forums. In 2000 when our attorney deserted I posted on a newsgroup. Now given that we were unsuccessful in getting an attorney to address our issues we expanded our scope. I did not see one that stood up to the plate and provide a referral to an attorney that would take such cases on.
The "malpractice" attorneys we contacted would respond that the defense was our attorneys "strategy" and dismiss us with laughter.
Of course in Virginia the oversight institution changed its policy in 2000 from addressing "strategy" with Code of Professional Responsibility to avoiding "strategy" with Professional Guidelines and Rules of Professional Conduct.
The bottom line is that without being able to post a grievance or a review other clients do not know what to expect from these attorneys. One cannot make an informed decision on the counsel and they can continue to "process" and "sacrifice" their clients. Granted if one has money they may be able to buy their way out of a situation.
Posted by jowey styxx on 04/05/2009 @ 02:10PM PT
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Wrongful conviction is NOT a myth.
Too many innocents have been in jail for decades, often on death row, before whatever "miraculous" occurrence (DNA testing, confession of perpetrator, release of confidentiality, independent investigation etc.) would prove beyond any doubt their innocence.
Despite their longtime claim of innocence, innocents have died in jail, innocents have been executed, innocents have committed suicide and years later...exonerated postmortem.
Stories behind wrongful convictions are horrifying, unbelievable: missidentity, false testimony, legal misrepresentation, coercion, corruption, bargaining etc.
Don't be at the wrong place at the wrong time!
Anyone can become another victim of our flawed Justice System and its current procedures.
Trying to put some numbers together instead of vague percentage... as of March 2009, the Center on Wrongful Convictions http://www.law.northwestern.edu/wrongfulconvictions/ has on records a total of 1253 cases of wrongful convictions/exoneration's, based on their July 2008 update! This number is, unfortunately, only a beginning.
It is a matter of fact that while thousands are wrongfully convicted, hundreds have been getting away with murder.
Posted by Michele Queyroy on 04/22/2009 @ 03:04AM PT
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Adrienne Simone will be going to court on June 16, 2009 to finally enter her plea after 1 1/2 years. (06/16/2009 1:30 PM Department 04 Downtown Courthouse - 720 Ninth Street Sacramento, CA 9581)
Nearly 2 years ago on September 25, 2007, Adrienne Simone was visiting friends who had a certified legal medical marijuana garden.The house was attacked by a street gang known as the Belden Boys at 2:45 AM in such a loud and violent manner that all of the neighbors came out of their houses, one armed with a gun. The house was surrounded by the gangsters, estimated to be about 8. (Three days earlier they had been surrounded outside the house by the same gangsters who threatened to shoot them. The attackers were scared off when police arrived.) Adrienne frantically picked up a .22 rifle and fired one shot out of a bedroom window, into the air.The bullet was later found to have hit the neighbor's garage. One of the gangsters, was injured in the neighbors yard (other side of a solid wood fence) and Adrienne was immediately held responsible and kept locked up and incommunicado by police for hours without Miranda or arrest. Her pleas for a lawyer and for the safety of her California assistance dog Louie, still locked up in a hot sunroom at the house, were ignored. After over a dozen calls through the night, no one in the police department would tell her frantic mother where she was. She was later charged with two felony counts which carry 2 strikes and a prison term up to 23 years. The police did not investigate the source of other shots heard by neighbor witnesses nor did they allow her any presumption of innocence. A police press release was immediately sent out before Adrienne was allowed to communicate with anyone, which stated she had "shot a teenager" defending her pot garden. When the detective who questioned Adrienne finally spoke to her mother, he later distorted what her mother had said and claimed in his report that Adrienne had called her mother and admitted firing at someone. This false information ran in the news for three days. No one ever wrote about what really happened and the media in Sacramento still refuses to do so.
Police stated verbally on tape and in the police blog that California medical marijuana laws were invalid ("bullshit") and they did not recognize them. They blamed the victims themselves and said they should have allowed the gangsters to "do whatever they were going to do" ( MM patients have been severely beaten, shot and tied up as well as being robbed in Sacramento, so this is likely "what ever they were going to do")
Shortly after, the gangsters were interviewed by police and admitted stalking the house several times and planning the home invasion. They also emphatically stated that the wounded gangster had been shot by a man standing outside and definitely not Adrienne. However, the gangsters were allowed to go free, despite their admissions of conspiratorial criminal activity and stating that "this is what we do for a living". There was no investigation whatsoever into the identity of the man who shot the gangster. Recently, one of the gangsters was arrested for threatening someone with bodily harm and sent to jail with a slap on the wrist. After this was discovered by Adrienne's advocates, his entire arrest and incarceration reports disappeared from the online jail records.
Vigorous prosecution of Adrienne Simone continues based on the fact that she fired a shot and someone was hurt (the gangster recovered) while the criminals are free to continue robbing and attacking homes. The authorities stated many times that medical marijuana patients "invite attacks" and have no right to protect themselves from such attacks. Accounts of attacks on patients going back several years bear this out, including the well known Flora-care case. It appears that in Sacramento and other California counties, everyone else is justified in firing shots at unarmed robbers outside their homes during far less violent and threatening episodes. Such stories have appeared in the news many times. However, if you are a medical marijuana patient you are expected to offer no resistance and allow yourself to be robbed, beaten and possibly killed.
Posted by Mary Ann Martorana on 06/07/2009 @ 09:10AM PT
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Innocent and in Perryville Prison, Maricopa County, Arizona
Free Courtney Bisbee
www.justice4courtney.com
Posted by Camille Tilley on 11/03/2009 @ 10:38AM PT
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http://www.justiceformike.net/
http://truthcafe.net/
http://militaryinjustices.blogspot.com
http://www.falselyaccuseddad.com/
http://www.stevekarbandefensefund.com/
http://www.rayeofhope.org/
http://www.americaswrongfullyconvicted.com/robert_mcclendon.htm
http://falserapesociety.blogspot.com/
http://wrongfullyconvicted.blogspot.com/
Posted by MaryAnn Lubas on 11/04/2009 @ 04:33AM PT
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www.justiceformike.net
Posted by MaryAnn Lubas on 11/04/2009 @ 04:34AM PT
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