Wednesday, May 13, 2015

Pedro Hernandez: New York; (Aftermath 4): Jeffrey Deskovic explains from bitter personal experience why Adam Sirois, the holdout Etan Patz juror, deserves an ovation. (Powerful Commentary; Must Read. HL);




COMMENTARY: "The holdout Etan Patz juror deserves an ovation," by Jeffrey Deskovic, published by the New York Daily News on May 13, 2015. (Jeffrey Deskovic is executive director of the Jeffrey Deskovic Foundation for Justice.)

SUB-HEADING; "One courageous man."

GIST: "Many New Yorkers are angry with Adam Sirois, the lone juror who refused to convict Pedro Hernandez in the murder of 6-year-old Etan Patz 36 years ago, leading to a mistrial. I would like to applaud Sirois for voting his conscience. I spent 16 years in prison — from age 17 to 32 — after being wrongfully convicted of murder and rape in 1990. Then I was exonerated by DNA evidence that identified the actual perpetrator. I wish there had been an Adam Sirois on my jury. Instead, when my jury was at 11-1, the lone holdout juror who had been fighting for my innocence caved in and switched his vote. Years later, when I was exonerated, that juror called my lawyer and said he was glad to see me freed, because he never thought that I was guilty. His decision to find me “guilty” despite not being convinced beyond a reasonable doubt cost me 16 years of my life.........Sirois says that he held out because he had not been convinced beyond a reasonable doubt, and the justice system we have requires a high standard of proof. He is 100% correct about that. Trials are not simply about whether a jury believes a defendant is guilty or innocent. They are about whether or not the prosecution has proven it. If they haven’t, then the only way for a juror to properly carry out his or her duty is to vote not guilty. Here in America, we do not take away someone’s freedom based upon speculation. Given the intensity of the anger aimed at this lone juror and his act of conscience, it is important to say one more thing in Sirois’ defense: The final verdict is not a referendum on the empathy a juror feels toward a victim and his or her family. A juror can ache for the victims of a crime and still refuse to vote to convict. Holding one’s ground as the sole person in the jury room is not easy to do, particularly in a high-profile case such as this one, where Sirois had to realize that there would be public fallout. I salute Adam Sirois, and so should you."

The entire commentary can be found at:

http://www.nydailynews.com/opinion/jeffrey-deskovic-holdout-juror-deserves-ovation-article-1.2219811

PUBLISHER'S NOTE: 
 
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
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http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
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Harold Levy; Publisher; The Charles Smith Blog;