Texas Man, Wrongly Convicted of Murder, Exonerated After 23 Years In Prison

Some prosecutors need to exchange places with the innocent that they framed and imprisoned.  Michael Morton, of Austin, Texas, is a case in point.  After Morton left for work one day in 1988, an intruder came into his house and beat his wife to death with a club.  The police blamed the crime on Michael Morton, even though the real perpetrator had stolen his wife's credit cards and checks and used them in the days following her death.  These facts, among others, were hidden from the defense attorneys representing Morton.

The AP has the story, and relates:

New DNA testing linked the killings of Debra Baker and Christine Morton to another man with a prison record in several states. Police have not publicly identified the suspect, whom they are trying to locate, but his genetic links to both slayings led to Morton's release from prison last week after nearly 25 years behind bars, and his formal exoneration by an appeals court on Wednesday.

But lawyers for the Innocence Project, a New York-based group that spent years fighting for DNA testing in Morton's case and the release of his police case files, say he likely never would have been convicted if the prosecutor in charge of the case hadn't withheld key evidence from the defense, including his mother-in-law's statements.

To see what his mother-in-law said, read the whole article here.

What this proves is that the police and the prosecution are not infallible, and in some cases, downright dishonest.  Prosecutors are under pressure to find the criminals and prosecute them, lest they bear the wrath of the public and the voters.  Sometimes these prosecutors delude themselves and prosecute the innocent and the latters' lives are ruined (or ended) in the process.

That was the case of Amanda Knox, too.  If you ever sit on a jury, try to actually believe the maxim that one is "innocent until proven guilty."

Hat tip:  View From  the Right

Contest! Choose a New Coat of Arms for PERUGIA, ITALY! (Photoshop, Satire)

Feel free to copy and pass this along.

Douglas Preston, American Writer, Explains How Italy Puts Saving Face Before Justice

Douglas Preston, whom I have quoted here frequently, has another thought-provoking article on the Italian justice system that railroaded Amanda Knox.  Writing in the U.K. Guardian, he says:

About 50% of all criminal convictions in Italy are reversed or greatly modified on appeal. Knox and Sollecito join the 4 million Italians since the war who have seen their lives ruined by false criminal charges, only to be proclaimed innocent after many years of agony and imprisonment.

While they don't like others pointing it out, many Italians are well aware that their judicial system is dysfunctional. Silvio Berlusconi is absolutely right when he says the judiciary needs fundamental reform. The Italian judiciary, a holdover to a great extent from the Mussolini era, when Italy was a police state, acts with no checks and balances, in which prosecutors and police wield enormous power.

If you are arrested for a crime and have no alibi, you are in very serious trouble. The de facto burden of proof is on you to prove your innocence, despite lip service in the Italian constitution to the idea of innocent until proven guilty.

Read it all here.

Amanda Knox Not Guilty of Murder, Ordered Released

The verdict was just delivered and I watched it live on Fox News.  Amanda Knox was found not guilty on almost all counts, including murder, but her conviction of "defamation" of Patrick Lumumba was upheld.  This latter was probably to shield Perugian officials from any lawsuits by Knox.  Knox was therefore sentenced to three years, time already served, and ordered to pay 22,000 Euros to Lumumba.  She was then ordered to be released immediately.

This is not the most just verdict, since prosecutors used psychological torture to pressure Knox into making the false statements implicating Lumumba.  The prosecutors believed him to be guilty and pressed Knox into giving them what they wanted, enough of an excuse to arrest him.  She was interrogated intensively for 14 hours without an attorney present, and the interrogation was not recorded as required by Italian law and international standards.  The interrogation was illegal.  If I were Knox, I'd get myself back to Seattle as soon as possible and I wouldn't pay Lumumba a damn dime.

Raffaele Sollecito was found not guilty also and ordered released.

So I still say that Italy is a banana republic and I still say we should boycott Italy.   

Amanda Knox: Italian Justice System on Trial

The verdict in Amanda Knox's appeals trial is expected today around 4 pm PST (2 pm on the east coast).  What we have learned from this case is that Italian justice leaves a lot to be desired.  There is no habeas corpus, no protections against self-incrimination, no prevention of double jeopardy, and no right to a speedy trial.

Per author Douglas Preston, who wrote a book, the Monster of Florence, the Italian system is rife with corruption, coerced statements, lawyer vendettas, forced confessions, planted evidence and other illegal methods.

Today Italy has an opportunity to change course, to right at least one wrong in its system of justice, and that is to acquit Amanda Knox and Raffaele Sollecito of a murder that they obviously had nothing to do with.  The question is, will the jurors in this trial place more importance on their cultural ties than on facts and evidence?

Italians accord great respect and esteem to a father-figure, the prosecutor Giuliano Mignini.  Will they base their decision on this misplaced deference, or will they base their decision on facts and evidence?  We shall see.

Famed FBI Profiler and Murder Expert John Douglas Says Amanda Knox Innocent

A famous (among law enforcement personnel) murder expert, John Douglas, was intereviewed on the murder case of Amanda Knox in Italy.  Douglas comes with impressive credentials.

Since retiring as head investigator for the National Center for the Analysis of Violent Crime at the FBI, Douglas now travels the world hired by international and domestic law enforcement and defense teams who request his help in investigations.  He studied the evidence in the Knox murder case and concluded that Knox and her boyfriend, Raffaele Sollecito, had nothing to do with the crime. He said:

Two people [were] convicted that should have never been convicted. The media pictured Amanda as a cold-blooded murderer. Frankly, I was surprised that they were charged. I was surprised by the conviction. The appeal is wrong. It’s wrong because of the lack of concrete evidence. No forensic evidence, no behavioral evidence. Nothing points to their guilt. They’ve got nothing.

Read the entire interview here.