EDITORIAL: The Journal Star: "In the long saga of the Beatrice 6,
the day the jury voted to award $28.1 million for wrongful convictions
stands out as one of the most memorable.........The
case has been described as the largest false confession case in U.S.
history, and it shows up on lists of the worst miscarriages of justice
across the country. Prosecutors
in Nebraska and elsewhere should draw lessons from the case. The impact
on local government in Gage County, which apparently has no insurance
coverage to pay the award, will be considerable. It’s
significant that the jury found two individuals – Sheriff’s Deputy Burt
Searcey and Wayne Price, a psychologist and reserve deputy –
individually liable. Consider some of the evidence presented to the jury. --
Searcey, who started investigating the murder of Helen Wilson four
years after it occurred, never even asked to see the hundreds of pages
of evidence collected by the Beatrice Police Department so far as the
lead police investigator knows. --
The forensic scientist who tested blood and semen at the scene of the
1985 murder of Helen Wilson said her findings were mischaracterized in a
courtroom stipulation presented at White's trial as fact by the
prosecutor. Reena Roy said her testing pointed to a suspect with type B
blood who was a non-secretor. None of the Beatrice 6 fit that profile. Virtually the only positive
note in the handling of the case was that the Beatrice Police
Department did a good job of protecting the evidence. When
defendant Joseph White finally won a court order for DNA testing for
the blood and semen in the evidence room, it blew the case wide open.
The DNA matched that of Bruce Allen Smith, who died in prison, as the
man who killed and raped the 68-year-old widow. White is no longer alive to hear of the jury award. He was killed in a work accident in 2011. A
task force appointed by then-Attorney General Jon Bruning concluded
after reviewing police reports, trial testimony and videotaped
interrogations that the Beatrice 6 could not have been in the widow’s
apartment the night of the murder. “Not beyond a reasonable doubt,
beyond all doubt,” said Corey O’Brien, one of the attorneys on the task
force. White’s conviction was overturned. Pardons were given to Tom Winslow, JoAnn Taylor, Deb Shelden, Kathy Gonzalez and James Dean. Attorneys
for the Beatrice 6 in the civil lawsuit described the investigation and
prosecution as so reckless that it “shocks the conscience.” The jury
award shows they proved their case."
http://journalstar.com/news/opinion/editorial/editorial-the-cost-of-injustice-is-high/article_ab527753-7cf7-581b-bbde-43bcceac475d.html