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He was the spitting image of the killer, had the same first name and was near the scene of the crime at the fateful hour: Carlos DeLuna paid the ultimate price and was executed in place of someone else in Texas in 1989, a report out Tuesday found.
Even "all the relatives of both Carloses mistook them," and DeLuna was sentenced to death and executed based only on eyewitness accounts despite a range of signs he was not a guilty man, said law professor James Liebman.
Originally posted by Wrabbit2000
I'm not aware of a PROVEN case yet where we executed an innocent man.
Take, for example, the case of Terry Washington, a mentally retarded man of thirty-three with the communication skills of a seven-year-old. Washington’s plea for clemency came before Governor Bush on the morning of May 6, 1997. After a thirty-minute briefing by Gonzales, Bush checked “Deny”—just as he had denied twenty-nine other pleas for clemency in his first twenty-eight months as governor. ...
But Washington’s plea for clemency raised substantial issues, which called for thoughtful, fair-minded consideration, not the least of which was the fact that Washington’s mental handicap had never been presented to the jury that condemned him to death. Gonzales’s legal summary, however, omitted any mention of Washington’s mental limitations as well as the fact that his trial lawyer had failed to enlist the help of a mental health expert to testify on his client’s behalf. When Washington’s postconviction lawyers took on his defense, they researched deeply into his childhood and came up with horrifying evidence of abuse. Terry Washington, along with his ten siblings, had been beaten regularly with whips, water hoses, extension cords, wire hangers, and fan belts. This was mitigation of the strongest kind, but Washington’s jury never heard it. Nor is there any evidence that Gonzales told Bush about it.
Bush wrote in his autobiography that it was not his job to “replace the verdict of a jury unless there are new facts or evidence of which a jury was unaware, or evidence that the trial was somehow unfair”^2. But new information about a mentally retarded man’s battered, abused childhood that his jury never got to hear—wouldn’t that qualify?
He spent more than 21 years behind bars after being convicted of murder in Cleveland. He was released in 2009 after a federal judge ruled that prosecutors failed to provide evidence that could have exonerated him.
Prosecutors still don’t think D’Ambrosio is innocent and are likely to contest the suit that could net D’Ambrosio more than $1 million.
"As woefully inadequate as I realize it is, I want to formally apologize for the system's failure to Mr. Morton and every other person who was affected by the verdict," Anderson said at a news conference on the steps of the Williamson County Courthouse, where he spoke to a dozen news cameras and twice as many reporters.
Anderson also denied allegations, made by Morton's lawyers, that he deliberately hid evidence favorable to Morton's defense before the 1987 trial.
In July 2008 the city paid $1.5 M for the death of a 14 year old boy shot a boy “accidentally” when trying to detain the boy. Former Officer Arthur Carbonneau was convicted of criminally negligent homicide and served 60 days in jail. The cops and the city refuse to apologize or admit any fault.
As news of this wrongful conviction got out, more and more security experts tried to explain to everyone involved why Amero was not the guilty party. Eventually, the judge agreed, and struck down the guilty verdict.
However, the state still has not dropped the case.
In fact, as reader Phil K lets us know, the state has no intention of dropping the case, and appears to want a new trial. No one involved in the case will explain why they won't drop it. In fact, they won't even apologize for what was clearly a wrongful prosecution in the first place. The prosecutors, the police and the school Amero worked for haven't said a word. The fact that they're planning to go through another trial over this matter suggests they still don't even realize what they did.
Originally posted by Wrabbit2000
...when it's absolutely true to say that the system works perfectly the vast majority of the time.