For the First Time Ever, a Prosecutor Will Go to Jail for Wrongfully Convicting an Innocent Man

That poor guy.

Doing that long a stretch, knowing everyday he didnt kill his wife, only to be treated like absolute dirt.

As for the judge... how many times may he have done it in other cases that wernt brought to light (and never will) for the 25+ years - he should get no leniency for his work as it puts any and all cases into a questionable place. Truly sick.

I think it's terrible what this prosecutor did, but it's very common.

The defendants lawyers should have done something at the time of trial. It's grounds for a mistrial. Or to appeal later on. If anything this is misrepresentation by his legal team. Why didn't his lawyers put the witness who knew it wasn't the defendant who did the crime on the stand? Or did they? Ultimately it's up to the jury to decide which side they believe. It's not really the states job to bring in witnesses for the defence.

Anyways without knowing more details about this case it's hard to know what went on.

reply to post by violet


Are you serious? You blame the defendant and his lawyers when the prosecutors withhold exculpatory evidence and believe that when they do so it is the defendant's lawyers' fault for not finding the evidence which the prosecutors have possession of and are withholding? Prosecutors have a duty to disclose such evidence! Their duty is independent of any activity by the defendants' lawyers.

reply to post by Domo1


words escape me. this creature, (does not merit the title of human!) should be made to serve this man's sentence! what the hell is the law for this? he stole a man's life and he get's a slap on the wrist? thank god that this man was not executed!

reply to post by Domo1


Unfortunately there are more cases of where innocent people have faced gross miscarriages of justice. I myself have been wronged by the society I live in, not to the extent of the person described in the op, however if I were to tell the whole story many of the people reading it would agree that it is almost as bad. It still messes with my head just to think about it. When you have been through something like this, there is nothing anyone can say or do to make it up to you. You find yourself asking God why did you allow this to happen me? And I will tell you that no amount of the religious bull***t that people say to you, like God's reward for you in heaven will be greater than what was stolen from you here in this life, or you will recieve your just reward in heaven, none of that crap will justify or make you feel better about what has been done to you, you will find yourself believing that not even God himself can make this up to you. The reason I don't even tell the story anymore is because number one nobody else cares until it happens to them, number two there is nothing you can do about it, because those who did you wrong will never admit to it. I've been waiting thinking that one of these days that God is going to make it up to me, but that hasn't happened either.

reply to post by Domo1


I am glad to see this being done, but unfortunately it is so rare as to almost not really matter. Without going into too much detail, I had my eyes opened about our justice system a few years ago when I ran into a bit of trouble. Granted, I was guilty of a couple of the charges, but nowhere near the amount they charged me with (it is cal;led 'charge stacking...they level as many things as they can against you in the hope that at least a couple will stick. It allows the DA leverage to make plea deals). It was my first time in trouble with the law, ever, and at 40 years old, I was very naive, as I always trusted that the justice system had something to do with justice. Boy was I ever wrong. While in jail, I saw so many 'good' people go to prison for such stupid things, it was not funny. Yes, some of them did the crime, but still, many of them were of no real danger to society that I could see, as many times it was some isolated incident, and the accused simply being in the wrong place at the wrong time, with the wrong people (who just as often would remain free, and laughing at the poor sucker that went up...it is sick). I was held on a impossible bail, assigned a court appointed attorney (which is a joke, as they have almost no incentive to work on your case, instead doing the bare minimum to push you through the system as quickly and efficiently as possible), and sat in jail, without resources to even help myself defend myself. I remember one time asking my attorney if it was true that I was innocent until proven guilty. His response? "You watch too much television". Ultimately, I took a plea deal, even though I wanted to take it to trial, as I believed that I had a good chance of beating it. However, upon telling my attorney this, 2 days before the trial was set, he told me that if I didn't take the deal I was pretty much on my own, and he would do very little in the way of defending me. Then, he had a private investigator come to the jail and scream and yell at me that I was a stupid mother effer if I did not take the deal, and that this could be a small bump in the road, or a train wreck depending on my choice. Ultimately, with nobody backing me up, I felt no choice, but to take the deal. I did a year of prison, then was released on probation. When I got out was when my eyes really got opened. It turns out my 'victim' (who, by the way, was a good friend that I got into a bit of a scuffle with...it sucks, but it happens) told me that although they were at first mad at me, they never thought it would go that far, and they were doing everything in their power to help me out, but it felon deaf ears. They told the DA they did not think it was that big of deal, and to please let me go. They attempted to contact my court appointed attorney, who failed to return their calls, and the one time they did talk, said that they should not talk to him directly, but rather through the DA. They even went so far as to come to my sentencing, and speak to the court, on record, saying that they felt I was railroaded, and they hoped that I would be able to get this expunged from my record, as I did not deserve this. THIS WAS THE SOLE 'VICTIM' in my case, saying this, and it had absolutely no effect, as I'd already signed the deal. Prior to going to jail, I had a successful business, giving private music lessons Needless to say, that was gone. After serving my time, I now had a felony on my record, not to mention that the attorney wrote in my judgement a $8,000.00 paycheck for himself. I paid it down to about &3,000.00, before the loss of my waiter job, and, almost 5 years later, without getting into any further trouble, and completely clean record prior, awaiting to go back to jail to serve time for violation of probation for failure to pay the above court fees. My 'victim' and I are back to being great friends, again, and I know, despite my 'trouble' that I am a good, stable person. I wonder how many people we truly damage with what I know now to be a completely uncaring, and unjust justice system? Prior to this I always thought felons were bad people who were getting what they deserved for harming society. That viewpoint has since been radically altered. I know now why lady justice wears a blindfold. It is not because justice is blind, but rather so she cannot see the DA's, judges, and all the others in the system that constantly rape her, and cannot testify. We need some serious reform and oversight, as it just grows more out of control, case after case. Trust me when I say that if you don't believe it can happen to you, you are fooling yourself. Many people I was in with never in a million years expected to be there, either. One mistake. If you are perfect and never ever have made a mistake, then maybe you will never see this, but even then, it would be possible. And, if you are like me, you never really give it much thought until you are knee deep in it. How on earth can we call our country free, when we lock up more of our citizens than any other country in the world?!? What the justice system, itself, is doing, is criminal, and I would love nothing more than to see all of these folks receive what is due to them, and be locked up for their crimes against the common folk.We need to do something, people! This is a monster that is getting increasingly out of control, and if you sit by until you are directly affected, it will be too late. Once convicted as a felon, you are from that point on allowed to be discriminated against, and lose much of your power as a citizen, trust, and voice. Do something, folks, before you get to this point. I wish I had, but it is too late. I'm going back to the big house for more fun and games at the taxpayers expense. I am of no danger to anyone, except the taxpayers dollar, and if you knew me, would never guess that I was a ex-con. I am no different than most of you, and if you sit idle, you could be in my shoes (or rather, jail flip flops...hehe) in a blink of an eye. Really. It happens all the time. I never would have believed it either, but this ostrich had to pull his head out of the sand, and he is not happy with what he sees happening in the desert. Thanks for hearing my story, and I wish you all the best. See ya when I get out.

reply to post by eatbliss


Whoa, this is terrible! Sorry you had to go through this crap. It's a sad day when justice gets out of the victim's hands and becomes a routine procedure. It has lost any meaning whatsoever.

reply to post by Domo1


From the article: "What's newsworthy and novel about today's plea is that a prosecutor was actually punished in a meaningful way for his transgressions."

Is this just a slap on the wrist? or is that just me?

An innocent man being sent to prison for 25 years is made up for in three months of Community service, and ten days in jail???

His "transgressions" should get him the same sentence he saw given to the innocent man.

That would be being punished in a "meaningful" way.

reply to post by driver78


Yes, definitely a slap on the wrist. I guess "punished in a meaningful way" is the PC way of saying "not walking away scot-free". Still, it's better than nothing. At least they acknowledged the wrong, even if only conceptually.

Interesting. A prosecutors job is to "seek justice" not seek conviction. However in today's world all they do is seek conviction and they care not whether you are innocent or guilty so they do not seek justice.

reply to post by Bob Sholtz


I could not agree more. That would send a strong message that this won't be tolerated.

dubiousone
reply to post by violet

 

Are you serious? You blame the defendant and his lawyers when the prosecutors withhold exculpatory evidence and believe that when they do so it is the defendant's lawyers' fault for not finding the evidence which the prosecutors have possession of and are withholding? Prosecutors have a duty to disclose such evidence! Their duty is independent of any activity by the defendants' lawyers.

edit on 11/10/2013 by dubiousone because: Clarification. Puntuation correction.

Exactly. I also just found out that my son HAS been granted a new trial. By the convicting judge, no less.

It was amazing really. It turns out this judge was the one who busted the ADA, though I would have rather seen him convicted than given the option to quit.

The judge chose his words carefully. My son was a pro se litigant, willing to do his own retrial because he fears this county so badly. He had written a letter of refusal of help to the public defenders office, which the judge had in hand.

The judge stated that he understood my sons' position, his reason for feeling as he did, and again, very carefully, stated he would get him an attorney that was from outside the district and that had no ties, nor knew anyone from within the district. He almost begged my son, in a sense, to do this.

My son accepted.

The burning question in my mind is, is the judge now worried about HIS behind, because the documentary evidence my son has is overwhelming. Also, I must consider the fact that the judge busted the ADA. This means at some point, he was aware, but what point?

Some things to ponder, but at least some sunshine at the end of that tunnel.

At this point, all we care about is that the rule of law is followed, which it was not, the first time around.