"THE RAPID SUCCESSION OF OTHER CASES IN WHICH MEN WERE EXONERATED AFTER 20 OR MORE YEARS IN PRISON DROVE THE POINT HOME. THE LEGISLATURE PASSED LAWS EASING ACCESS TO DNA TESTING FOR PEOPLE WITH A LEGITIMATE CLAIM OF INNOCENCE, AND CREATING A COMPENSATION PLAN FOR THOSE WRONGFULLY IMPRISONED. (THAT LAW, UNFORTUNATELY, IS SIGNIFICANTLY FLAWED AND EXCLUDES MOST EXONEREES FROM COMPENSATION.) BUT STATE LEADERS HAVEN'T DONE THE MOST IMPORTANT THING. THEY HAVEN'T ASKED WHY. THEY SHOULD. OTHER STATES HAVE ESTABLISHED COMMISSIONS TO STUDY WRONGFUL CONVICTIONS, IDENTIFY COMMON FACTORS AND SEEK WAYS TO ENSURE JUSTICE IN THE FUTURE. FLORIDA -- WITH THE MOST OVERTURNED CASES IN THE NATION -- SHOULD HAVE LED THE WAY. GOING FORWARD, STATE LEADERS CAN DRAW ON THE EXPERIENCES IN OTHER STATES, AND THE WORK BY ACADEMIC GROUPS STUDYING FLORIDA'S OVERTURNED CONVICTIONS."
EDITORIAL: DAYTONA NEWS-JOURNAL
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BACKGROUND: "Anthony Caravella, 41, spent 26 years in prison - more than half of his life - for a rape and slaying. He was 15 and had an IQ of 67, well below normal, when he was charged with the Nov. 5, 1983, murder of Ada Cox Jankowski, 58, in Miramar, Fla. Mr. Caravella exoneration was due to the perseverance of his lawyers, the attention given to the case by the Sun Sentinel, and the willingness of prosecutors to conduct DNA tests to investigate his guilt or innocence. The attitude of the Florida prosecutors contrasts significantly with the prosecutors in the State of Texas who have fought so hard against allowing the DNA tests which could show that Hank Skinner is innocent - even though he faces execution.
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"On Thursday, Anthony Caravella officially became the 11th person exonerated in Florida by DNA evidence after serving 25 years for a rape/murder he did not commit," the News-Journal editorial, published earlier today under the heading, "State should consider where justice went astray," begins.
"And if not for Wilton Dedge, he might never have walked free," it continues.
"Dedge, released from prison in 2004 after serving 22 years on a rape conviction, sparked a minor revolution in Florida's criminal justice system. The questionable actions on the part of prosecutors, and the obstinance of appellate attorneys -- first in opposing DNA tests that compared Dedge's genetic code to evidence from the rape, then in fighting his release after the DNA tests proved he was innocent -- shook the faith of many.
The rapid succession of other cases in which men were exonerated after 20 or more years in prison drove the point home. The Legislature passed laws easing access to DNA testing for people with a legitimate claim of innocence, and creating a compensation plan for those wrongfully imprisoned. (That law, unfortunately, is significantly flawed and excludes most exonerees from compensation.)
But state leaders haven't done the most important thing. They haven't asked why.
They should. Other states have established commissions to study wrongful convictions, identify common factors and seek ways to ensure justice in the future. Florida -- with the most overturned cases in the nation -- should have led the way. Going forward, state leaders can draw on the experiences in other states, and the work by academic groups studying Florida's overturned convictions.
The barrier, as always, is money. Last week, state Supreme Court Chief Justice Peggy Quince wrote to Florida Senate president-designate Mike Haridopolos, R-Merritt Island. Haridopolis -- who represents the same area of Brevard County that Dedge once lived in -- has expressed support for a statewide commission that would examine wrongful convictions. Quince's letter delivered a challenge: Figure out a way to pay for it.
Haridopolis should find the money to create a commission. Quince points out that similar commissions -- formed to study racial, ethnic and gender bias in the court system -- had budgets between $300,000 and $400,000, money that helps pay for research, staff and public hearing time.
It's a lot of money in a tough budget year, and the suggestion comes late, with the two-month annual legislative session half gone. But Haridopolis and other lawmakers should make this happen. There are ways to save money and still do a good job. Drawing on experienced legislative staff is a possibility, and Florida can also borrow from findings in other states.
The most prevalent causes of wrongful convictions -- including mistaken eyewitness identity, dubious forensic evidence, false confessions and unreliable "snitch" testimony -- are well-known in the criminal justice system. The new commission's greatest challenge could be in shaping recommended changes to the law, creating safeguards against bad convictions.
As budget negotiations intensify, lawmakers are likely to consider the possibility of releasing some prisoners a few months early to save money. The prospect will rankle. But there's no better motivation to avoid the expense -- and moral burden -- of imprisoning innocent people. Examining bad convictions and reforming criminal laws could save the state from uncounted expense, and protect those who are innocent from unimaginable horror."
The editorial can be found at:
http://www.news-journalonline.com/opinion/editorials/2010/03/29/state-should-consider-where-justice-went-astray.html
Harold Levy...hlevy15@gmail.com;
