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brayton_headshot_wre_1443.jpg Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of Michigan Citizens for Science and co-founder of The Panda's Thumb. He has written for such publications as The Bard, Skeptic and Reports of the National Center for Science Education, spoken in front of many organizations and conferences, and appeared on nationally syndicated radio shows and on C-SPAN. Ed is also a Fellow with the Center for Independent Media and the host of Declaring Independence, a one hour weekly political talk show on WPRR in Grand Rapids, Michigan.(static)

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« Garrison Keillor's Ignorance and Bigotry | Main | Franken's Rape Legislation Signed Into Law »

Florida Gets 12th DNA Exoneration

Posted on: December 24, 2009 9:02 AM, by Ed Brayton

As Balko reports, the state of Florida saw its 12th convicted felon released from prison after being proven innocent by DNA evidence -- this time after 35 years spent in prison for raping a young boy in 1974. Scott Maxwell of the Orlando Sentinel points out that the state just doesn't care how many other innocent people are still in prison. Political leaders in Florida, and in every other state for that matter, think it's just not their responsibility to be concerned about such matters.

Already, three men convicted with help from a discredited dog handler -- who manufactured bogus evidence to connect suspects with crimes -- have been exonerated after spending years, even decades, behind bars.

But the dog handler testified in many more cases. And judicial activists are convinced others were wrongfully convicted.

Yet the men who could actually do something about that -- Gov. Charlie Crist, Attorney General Bill McCollum and Brevard-Seminole State Attorney Norm Wolfinger -- have refused to conduct an investigation.

Instead, these three career politicians have argued that it's up to the defendants themselves to prove their own innocence ... from behind bars ... and without resources.

Then, in cases where the wrongfully convicted are finally freed, they respond: See, the system works!

The lack of shame and humanity is appalling.

Only the most callous of souls could point to someone who lost the majority of his life to a wrongful imprisonment and suggest he is a shining example of justice in America.

In fact, even now -- even with a national justice group claiming that it has found a fourth man wrongfully sentenced to life in prison and connected to the discredited dog handler -- the system churns at a slow grind.

Last week, the state finally agreed to DNA testing for that man, Gary Bennett.

The news was good but also overdue.

It came nearly two months after Bennett's attorneys with the Princeton, N.J.-based Centurion Ministries filed their request for DNA testing -- and more than 25 years after Bennett was first sentenced.

That means Bennett will have waited more than a quarter-century for simply the chance to scientifically prove his guilt or innocence.

Why? Because often, these cases are simply not priorities for our elected officials.

The wrongly convicted, after all, don't constitute a powerful voting bloc. They don't write campaign checks. Many have few friends or family members.

"If there's one thing these guys have in common," said Centurion Ministries attorney Paul Casteleiro, "it's that they are all guys nobody will miss."

They didn't have the resources to mount vigorous defenses when they were first charged -- or knowledgeable attorneys who could combat the tactics, such as jail-house snitches, that are so often used to convict them.

He argues that the state should establish an innocence commission. I agree. Every state should have them. Their job would be to review the investigative and trial record for all major crimes to find cases where there are major inconsistencies, police or prosecutorial misconduct, questionable testimony, etc. This is an important first step to fixing what is wrong with our criminal justice system, but it's only a first step.

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Comments

1

The phrase "moral lepers" comes to mind when thinking about politicians like these. (I'm not sure even that is adequate to describe filth like the phony "dog handler".)

Posted by: Steve LaBonne | December 24, 2009 9:55 AM

2

The State has a vested interest in maintaining the illusory omniscience of its Courts. Since adversarial criminal jurisprudence is so seldom actually about discovering 'truth,' and mostly about the size of the Prosecutor's balls & schlong, a proposal to review the conduct of the State in major crimes prosecutions is probably a non-starter, no matter the justice of the proposal. Justice seldom matters in the USer judicial system...

Posted by: woody | December 24, 2009 10:58 AM

3
The State has a vested interest in maintaining the illusory omniscience of its Courts.

A former governor of Virginia more or less said this explicitly. Not only was a convicted death row prisoner not allowed to have his DNA tested against the evidence while he was alive, the evidence was destroyed after the execution, on precisely the grounds that it might cause people to wonder about the accuracy of Virginia convictions in general.

Well, duh. But beyond the stupidity, there is the outright despicable evil of these people.

Posted by: william e emba | December 24, 2009 12:32 PM

4

Ed Brayton: Every state should have them.

While my instinct is to agree, my cold-blooded rationalist would like to inquire what bride across the is-ought divide is involved for that "should"....

Posted by: abb3w | December 27, 2009 9:01 PM

5

Punishment for prosecutetorial misconduct should play a part in this. You could pay a person for all the time he could have been working. But you could never give them back the time they lost, broken dreams,broken family's, lost childhoods, missed ever thing. This should come right from the man or woman who put them their in the first place. Let them not only pay but rot also.

Posted by: Wm McDevitt | December 27, 2009 9:32 PM

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