"
What happens when death is taken off the table? Last week, Missouri's Governor bravely and correctly decided
not to execute Kimber Edwards, an autistic man sentenced to death by an
all-white jury in 2002 for hiring a hit man to kill his ex-wife. Now
that Edwards has been granted clemency,
in a move that surprised many observers, eyes may turn to the next
emergency death row appeal. Outside of the death penalty spotlight, his
case may return to obscurity. The question is, did he even do it? The
jurors never heard that prosecutors promised the actual killer that he
would be spared the death penalty if he implicated Edwards. To this day,
the real killer
maintains
he acted alone and that police coerced him into implicating Edwards.
Nor did the jurors hear that this man was actually in a relationship
with Edwards' ex wife -- a drug fueled and abusive one. The main
evidence against Edwards was his own confession. Edwards only
confessed, however, when the police promised they would leave his family
alone. He believed the police would remove his daughter from his
custody and his wife had been interrogated. False confessions
plague death penalty cases. I have found that in half of the 20 cases
where individuals sentenced to death have later been exonerated by DNA
evidence, false confessions occurred. Each of those confessions
supposedly included specific details of the crime that only the murderer
could have known. One half of the cases also involved testimony by
police informants who falsely claimed to have overheard confessions.
Intellectual disability is entwined with false confessions; one-third of
those exonerated by DNA testing who had falsely confessed were mentally
ill or intellectually disabled. If the jury had heard about
Edwards' history of Asperger's, learning disabilities, and childhood
abuse, they would have understood why he might falsely confess. And
they might never have considered him to be among the "worst of the
worst." Intellectually disabled people, today, are not constitutionally
permitted to be subject to the death penalty. Or take the cases of Henry Lee McCollum and his brother, Leon Brown..."..."There
are so many ways a high-profile murder case can go wrong. Most police
still do not routinely videotape interrogations. Many police and
prosecutors still do not know how to identify, much less fairly treat,
intellectually disabled or mentally ill people. Eyewitnesses are still
shown suggestive lineups. Trial lawyers still do not adequate
investigate the history of their clients. Informants know that they can
get deals, even avoiding the death penalty themselves, if they lie, and
prosecutors reward them. Even in this day and age, when formerly
steadfast death penalty states sentence fewer and fewer people to death,
cases continue to rely on the same unreliable evidence from unreliable
sources. Those cases will continue to haunt us. To find them,
we need to look just as carefully at the cases that are not
attention-grabbing death penalty cases. Life without parole sentences
in this country have skyrocketed as have other massive sentences.
Without a pressing execution date, there is time to carefully reassess
whether the Edwards conviction is sound. No one should ever have to
serve a life in prison for a lie."
http://www.huffingtonpost.com/brandon-l-garrett/serving-life-for-a-lie_b_8266012.html
See Pix 11 story: (Manhattan): John Hincapies exoneration shows false confessions and convictions can be prevented, say advocates: John Hincapie spent a quarter century behind bars for a high-profile
murder that all evidence indicates he did not commit. So how, then, did
he end up being convicted and serving time for the crime? The answer, according to advocates for the wrongfully convicted, is
an illegal practice that happens all too often, and can be prevented. Tuesday evening, Hincapie, 42, walked out of custody a free man. It
came after a judge ruled that the evidence was so strong that Hincapie
had a confession beaten out of him, and that the then-17 year-old was
not on the subway platform where Utah tourist Brian Watkins was killed,
the case against him had to be overturned."
http://pix11.com/2015/10/07/john-hincapies-exoneration-shows-false-confessions-and-convictions-can-be-prevented-say-advocates/