PUBLISHER'S NOTE: An extremely important case: All too many of the cases reported on in this Blog have involved prosecutor's concealment of exculpatory evidence (such as the existence of forensic reports pointing to innocence, and a wide variety of exculpatory forensic evidence.) Eric Hillman be saluted for his exemplary conduct as an officer of the court - not fired. (those who fired him to not deserve to be on the public payroll.) Bravo to the Innocence Project and Hillman's personal lawyer for taking on the case, which we will continue to follow on the pages of this Blog.
Harold Levy: Publisher; The Charles Smith Blog.
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PASSAGE OF THE DAY: "The Innocence Project represented
Michael Morton,
a Williamson County resident who spent almost 25 years in prison for
the 1986 murder of his wife, a crime he did not commit. After Morton
spent decades wrongfully incarcerated, DNA tests excluded him and
implicated another man. Finally, in 2011, Morton was exonerated and
freed. A post-conviction investigation revealed that the former
prosecutor on the case—who went on to become a judge—intentionally
concealed critical evidence that pointed to Morton’s innocence and could
have prevented him from being convicted in the first place. In
response, and with the support of the Innocence Project, the Texas
Legislature in 2013 unanimously passed the Michael Morton Act, which
gives defendants access to virtually all evidence in the state’s
possession that may aid their defense. Other new laws demonstrating
Texas’s commitment to preventing what happened to Michael Morton and
others from repeating include measures to extend the statute of
limitations on discipline against prosecutors whose misconduct leads to
wrongful convictions; and expanding defense access to DNA testing and
critical information regarding jailhouse informant and confession
evidence."
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QUOTE OF THE DAY: "Eric Hillman put his livelihood on the line to do the right thing.
He should have been celebrated for his commitment to justice, not fired
and forced out of his dream job as a prosecutor,” said Nina Morrison,
senior staff attorney at the Innocence Project. “This case is also
critically important because of its implications for Texas’ progress in
preventing wrongful convictions. The state has had more exonerations
than any other, and has taken remarkable steps to prevent wrongful
convictions by passing a series of laws to correct the system’s flaws.
But these new laws can only work if the prosecutors who enforce them are
also protected. Texas must not backtrack in its journey toward
justice.”
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RELEASE: "Wednesday: Oral Arguments in
Innocence Project Case on Behalf of Fired Prosecutor," by Innocence Project staff, published by The Innocence Project on October 26, 2018.
GIST: "Innocence Project attorneys will argue
Wednesday, October 31, 2018 in Texas Supreme Court on behalf of a former
Texas prosecutor who was wrongly fired when he refused to follow an
illegal order to hide potentially exculpatory evidence from a defendant. Eric Hillman was an Assistant District Attorney in Nueces County who
unfairly lost his job in January 2014 after he found an independent
witness who was not included in police reports from an intoxication
assault prosecution. Hillman, who also served as a Harris County
(Houston) police officer for 21 years, was ordered by a DA’s Office
supervisor to keep the information about the witness to himself, saying
it did not have to be turned over to defense lawyers because it came
from an independent investigation. After he was fired for refusing to “follow orders,” Hillman sued to
get his job back, arguing that Texas law should protect prosecutors who
refuse to break the law and hide evidence that aids the defense. Earlier
this year, the Innocence Project and the Innocence Project of Texas
urged the Texas Supreme Court to take up Hillman’s case, arguing in a
friend of the court brief that these employment protections are critical to ensuring that innocent persons are not wrongly convicted. This is the first time in its twenty-seven year history that the
Innocence Project has appeared in court or filed a brief on behalf of a
current or former prosecutor. “Eric Hillman put his livelihood on the line to do the right thing.
He should have been celebrated for his commitment to justice, not fired
and forced out of his dream job as a prosecutor,” said Nina Morrison,
senior staff attorney at the Innocence Project. “This case is also
critically important because of its implications for Texas’ progress in
preventing wrongful convictions. The state has had more exonerations
than any other, and has taken remarkable steps to prevent wrongful
convictions by passing a series of laws to correct the system’s flaws.
But these new laws can only work if the prosecutors who enforce them are
also protected. Texas must not backtrack in its journey toward
justice.” In addition to the Innocence Project, Hillman’s case has generated
support from a diverse array of groups and individuals working in the
criminal justice system, from the
Cato Institute to the ACLU, as well as
Texas law professors and criminal defense lawyers. Lower courts had previously dismissed Hillman’s lawsuit because he
was a government employee, concluding that Texas law did not afford the
same protections from wrongful discharge for “refusal to commit a crime”
that private-sector employees rightly enjoy. The Innocence Project is
asking the Texas Supreme Court to reinstate his lawsuit, arguing that
given the unique role prosecutors play in the justice system, the stakes
are higher than this one case and have important implications for the
application of Texas’s own Michael Morton Act. The Innocence Project represented
Michael Morton,
a Williamson County resident who spent almost 25 years in prison for
the 1986 murder of his wife, a crime he did not commit. After Morton
spent decades wrongfully incarcerated, DNA tests excluded him and
implicated another man. Finally, in 2011, Morton was exonerated and
freed. A post-conviction investigation revealed that the former
prosecutor on the case—who went on to become a judge—intentionally
concealed critical evidence that pointed to Morton’s innocence and could
have prevented him from being convicted in the first place. In response, and with the support of the Innocence Project, the Texas
Legislature in 2013 unanimously passed the Michael Morton Act, which
gives defendants access to virtually all evidence in the state’s
possession that may aid their defense. Other new laws demonstrating
Texas’s commitment to preventing what happened to Michael Morton and
others from repeating include measures to extend the statute of
limitations on discipline against prosecutors whose misconduct leads to
wrongful convictions; and expanding defense access to DNA testing and
critical information regarding jailhouse informant and confession
evidence. “As the Morton case and countless others have shown, wrongful
convictions jeopardize nothing less than the lives, liberty and public
safety of Texas’s citizens,” the Innocence Project said in
its papers. “Hillman’s case poses a critical test of this State’s commitment to these fundamental principles.”
Appearing at argument on Wednesday on behalf of the Innocence Project
will be Phil Durst of Deats, Durst and Owen PLLC in Austin. Arguing
with Mr. Durst on behalf of Eric Hillman will be Hillman’s longtime
attorney Chris Gale, of the Gale Law Group in Corpus Christi."
The entire release can be read at:
https://www.innocenceproject.org/oral-arguments-on-behalf-of-fired-prosecutor/
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/charlessmith.
Information on "The Charles Smith Blog Award"- and its nomination
process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Please send any comments or information on other cases and issues of
interest to the readers of this blog to: hlevy15@gmail.com.
Harold Levy: Publisher; The Charles Smith Blog;
