It's no secret that lawyers, judges, juries, and crime labs make mistakes, and innocent people are convicted of crimes that they did not commit. In fact, to date more than 250 people in the U.S. have been exonerated as a result of post-conviction DNA testing. But, again, they are the lucky ones.
Given the proven fallibility and unreliability of the "justice" system, how many others may have been executed for crimes that they did not commit? And how many more innocent people will be executed in the future?
MARY SHAW: OPEDNEWS.COM; Mary Shaw describes herself as, "is a Philadelphia-based writer and activist, with a focus on politics, human rights, and social justice."
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BACKGROUND: On the evening of February 13, 1994, Marichell Chatman, her daughter Marchae, and Marichell’s aunt Linda Chatman were shot to death at the Bucyrus Estates Apartments in Bucyrus, Ohio. Richard Warren, Marichell’s boyfriend, and Marichell’s young cousins, Quanita and Quinton Reeves, were also shot but survived. On February 15, 1994, Kevin Keith was arrested for these shootings. By May 31, 1994, Mr. Keith was sentenced to death for this crime. From crime to sentencing, only three-and-a-half months passed. In spite of his alibi and no conclusive forensic evidence proving his involvement, Mr. Keith was convicted in 1994 and sentenced to death. In 2007, after all his allotted appeals were exhausted, new counsel took on Mr. Keith’s case. Upon investigating, counsel discovered new evidence for Mr. Keith that supported what Mr. Keith was saying from day one – he is actually innocent. The new evidence proves that the primary evidence used to convict Keith was flawed. The eyewitness identification testimony by a surviving victim was improperly influenced. Thirteen years after he was convicted, Mr. Keith discovered that one of the State’s “witnesses” does not actually exist. At Keith’s trial, the police had testified about a fictitious person and attributed a statement to her in order to bolster the shaky identification testimony of the surviving victim. Mr. Keith’s new evidence further implicates an alternative suspect who told a police informant that he was paid to carry out the murders for which Keith is scheduled to die. The police were aware of the statements by the alternative suspect, but no one turned them over to Keith’s counsel. Kevin Keith has thus far failed to persuade the state's clemency board or the courts to stop his execution which is set for September 15, 2010.
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"Here we go again, this time in Ohio," Mary Shaw's OPEDNEWS.COM post begins, under the heading, "Why should Ohio or any other state take any more chances?: Will Ohio Execute An Innocent Man?"
"There, death row inmate Kevin Keith is scheduled to be executed on September 15, despite strong new evidence of his innocence. Keith was convicted in 1994 for a shooting spree that killed three people and wounded three others," the post continues.
"Eyewitness testimony was the primary evidence used to convict Keith. Along with the fact that eyewitness accounts are notoriously unreliable, the new evidence discredits the eyewitness identification in this case. The evidence also identifies an alternative suspect, Rodney Melton, who may have actually committed the crime for which Keith was convicted. Keith has an alibi for the time of the crime, supported by four witnesses.
No court has considered the entirety of the evidence in this case. Therefore, it appears that there is reasonable doubt as to Keith's guilt. And there is no excuse to execute someone when there is reasonable doubt that you've got the right guy.
Nevertheless, on August 19, the Ohio Parole Board rejected Keith's clemency petition by a vote of 8-0. Charles Keith, the convicted man's brother, described the Board's demeanor during the review as "cold" and "like a death squad." This seems to suggest that they are more interested in expediency than true justice. And it seems to suggest that they are willing to risk the possibility of executing an innocent man.
Sadly, Keith's situation is not unusual. Cases are currently in the courts in Georgia, Texas, and elsewhere in which death row inmates are fighting for the right to prove their innocence. If any of them succeed, they will be among the lucky ones. Some are not so lucky.
In 2007, the National Coalition to Abolish the Death Penalty (NCADP) published a report titled "Innocent and Executed", which highlighted four cases in which people were apparently executed for crimes that they did not commit. And those four are just the ones we know about.
One of those cases, that of Cameron Todd Willingham, made headlines last year when The New Yorker published an investigative article on the case. Willingham was executed in 2004 for setting a fire that killed his three daughters. However, a forensic review of the case led to the conclusion that "a finding of arson could not be sustained." In other words, the fatal fire for which Willingham was executed was probably just an accident.
It's no secret that lawyers, judges, juries, and crime labs make mistakes, and innocent people are convicted of crimes that they did not commit. In fact, to date more than 250 people in the U.S. have been exonerated as a result of post-conviction DNA testing. But, again, they are the lucky ones.
Given the proven fallibility and unreliability of the "justice" system, how many others may have been executed for crimes that they did not commit? And how many more innocent people will be executed in the future?
Why should Ohio or any other state take any more chances?
In the case of Kevin Keith, due to die on September 15, the final verdict now lies with Ohio Governor Ted Strickland. I hope he will do the right thing and grant clemency. Governor Strickland's office can be reached by phone at (614) 466-3555 or online at http://governor.ohio.gov."
The post cab be found at:
http://www.opednews.com/articles/Will-Ohio-Execute-An-Innoc-by-Mary-Shaw-100830-18.html
PUBLISHER'S NOTE: 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 accessed at:
http://www.thestar.com/topic/charlessmith
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
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