COMMENTARY: "CYA rules for Wayne County prosecutor," by Nolan Finlay, published by The Detroit News on March 18, 2017.
GIST: "Covering your fanny is a natural instinct. No one is crazy about admitting to a big, awful mistake. But when that error costs someone his freedom, and you’ve sworn yourself to getting justice right, not being able to say “I got it wrong” is more than just a character flaw; it puts you on the wrong side of morality. That’s where too many prosecutors stand in Michigan, and particularly in Wayne County. Yet another case is in the news of the Wayne County Prosecutor’s Office clawing to suppress evidence that might exonerate a man convicted of murder and locked up since 1992.
Desmond Ricks contends Detroit
police framed him by switching out the bullets found in the murder
victim. The ballistics expert who testified against him now concurs, and
the University of Michigan’s Innocence Clinic found the evidence
compelling enough to take the case. I don’t know if Ricks is
innocent. But I do know that when presented with the credible evidence
that he might be, the response from Wayne County Prosecutor Kym Worthy
should have been to take a hard look with an open mind. Instead,
Worthy’s office dismissed the claim outright, according to the
Associated Press, as “ingeniously imaginative.” That might be
acceptable were it not for Worthy’s track record. The wrongful
conviction claim by Ricks is not a one-off. At least six times in recent
years inmates prosecuted by Wayne County have had their convictions
overturned after serving long sentences. And in every case Worthy
battled till the end to keep them imprisoned. I asked David Moran, director of the Innocence Clinic, if Wayne County ever admits it made a mistake. “Not to us,” he said. Moran
says some Michigan prosecutors are responsive when a wrongful
conviction claim is raised, will look at the evidence and in many cases
seek to corroborate it with their own investigation. He cited as
an example former Ionia County Prosecutor Ron Shafer, who, when
presented with evidence that a man convicted of killing his wife and two
daughters in an arson fire did not commit the crime, signed an order of
release that very day. But that’s not the norm. “In many
prosecutor’s offices, there’s a denialism that a mistake was made,”
Moran says. “They are more worried about how the office might look than
they are about justice.” In a highly publicized case last fall,
Davontae Sanford, who was locked up at age 14 for murders everyone had
to know he didn’t do, won his release. But in an epic example of
obstinacy, Worthy still has not charged the person whom the evidence
suggests is responsible. The
Innocence Clinic has a dozen more wrongful conviction claims pending in
Wayne County. Moran cites the case of Lamarr Monson, who was convicted
of murdering a 12-year-old girl in 1996. Under interrogation,
Monson admitted to killing the girl with a knife. Big problem: She was
bludgeoned to death with a ceramic toilet tank cover. But Monson was
locked up anyway. Police lifted bloody fingerprints from the lid, but
couldn’t identify them at the time. Now they can, and they belong to a
Pennsylvania man."
The entire commentary can be found at:
http://www.detroitnews.com/story/opinion/columnists/nolan-finley/2017/03/18/finley-wayne-prosecutor-worthy/99366062/The entire commentary can be found at:
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/