PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of scientific research showing how vulnerable suspects (especially juveniles) are to widely used interrogation methods such as the notorious ‘Reid Technique.’
EDITORIAL:"Passaic prosecutors made a mess of this murder case: Time for the AG to take over," published by The Star-Ledger on September 22, 2017.
PHOTO CAPTION: "New DNA evidence prompts new trials for two men who have been jailed decades for murder. Eric Kelley and Ralph Lee say they were pressured to sign false confessions two decades ago."
GIST: "The Innocence Project found stunning new DNA evidence from
the scene of a 1993 murder in Paterson, exonerating two men who have
served decades in state prison, and implicating an ex-con who is still
on the loose. You might think that prosecutors in Paterson would
be moved. But instead, they are fighting the release of the two men,
even after a judge found that this new evidence "would probably change a
jury's verdict if a new trial was granted," and called a detective's
refusal to reconsider it "the best example of tunnel vision that one can
imagine." For now, the wrongfully convicted men languish behind
bars and the likely culprit - a man whose rap sheet includes an eerily
similar knifepoint attack - remains free. And
it only gets more outrageous. Because prosecutors refuse to even
question this convicted felon whose DNA was discovered. They wouldn't
talk to Eric Dixon to find out why his hat was found just feet from the
body, investigate his other crimes or notify the victim's family. It
was only thanks to the Innocence Project and Princeton-based Centurion
ministries that a judge ordered the prosecutor's office to finally
obtain Dixon's record from local police. That's how we learned how
similar his prior knifepoint robbery in Paterson was to this crime, the
stabbing of a young man minding his uncle's video store. Yet not
only is this prosecutor's office, headed by Camelia Valdes, refusing to
investigate Dixon, it's actually protecting him by making ludicrous
claims in court - saying unequivocally in a legal brief that he did not
commit this murder, without ever having spoken to him. That's not just tunnel vision. It's malpractice. It only makes it harder to ever bring the true killer to justice. Time
for the state Attorney General, who has line authority over county
prosecutors, to step in and take over this reinvestigation. The state
Office of Attorney Ethics should also consider sanctions against Passaic
prosecutors, who appear to be violating their oath here. A prosecutor's
job is to seek justice, not just defend a conviction at all costs. And
in the meantime, the least prosecutors can do is agree to let the
wrongfully convicted men, Eric Kelley and Ralph Lee, out of prison. When
Byron Halsey was cleared by new DNA in Union County, prosecutors let
him out with reasonable conditions. Kelley and Lee have had to
wait three years since this DNA discovery, on top of decades already
served. Lee's health has deteriorated; he wasn't even well enough to
come to court. Why is he still wallowing in prison instead of home with
his family? Both men were convicted on false confessions, their
lawyers say. Kelley, who suffered brain damage in a car accident, likely
folded first; then detectives may have used what he said to lean on the
second suspect, Lee. Their tales had glaring discrepancies. The
blood and body were found in the back of the store, yet the men said
the killing happened at the front. Police never recovered the knife used
or the clothes they wore in a blood-soaked scene. They said it was a
blitz attack, but a witness said a man in a green hat was browsing,
pretending to be a customer. This isn't as unusual as it seems:
As many as 1 out of 4 people exonerated by DNA testing falsely
confessed, according to the Innocence Project. New Jersey should
consider creating a permanent conviction review unit for situations like
this, to separate reinvestigations from the players involved in
original prosecutions, and ensure objectivity. When a young
detective on this original case, Richard Reyes - still on the job - was
recently asked in court if he would have investigated Dixon at the time
if he knew his DNA matched the hat, he refused to say yes. Now the
prosecutor's office is doubling down on that willful blindness.
How is that justice for the wrongfully imprisoned, the true killer or the victim?"
The entire editorial can be found at:
The entire editorial can be found at:
Clicking on the above link takes the reader not only to the editorial but to a link to a 'Special Report' headed: "They confessed: Will DNA free them?" Important read. HL.
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c
