QUOTE OF THE DAY: "Jim Coleman, co-director of the Duke Wrongful Convictions Clinic, represented Finch for more than 15 years. He said that when he took on the case, he contacted every major state official, seeking review of Finch’s case. “The worst thing that we encounter in the work that we do are indifferent officials—police officers, sheriffs, prosecutors and judges—who think that justice has been done when there is a conviction, and nothing that happens after a conviction matters,” Coleman said. “We have a human system and therefore we make mistakes. It is the obligation of everybody in the system to be concerned when mistakes are made and to take action to correct them.”
-----------------------------------------------------------
PASSAGE OF THE DAY: "The court identified major problems with the evidence
used to convict Finch. He was subjected to “suggestive lineups,” in
which he was the only suspect dressed in a three-quarter length jacket,
the same style of clothing that the eyewitness, Lester Floyd Jones, said
the perpetrator was wearing. Such lineups have since been declared
unconstitutional. “These procedural issues support Finch’s allegations
of constitutional error that he was misidentified by Jones,” Judge
Gregory wrote. “No reasonable juror would likely find Finch guilty
beyond a reasonable doubt if it knew the high likelihood that he was
misidentified by Jones both outside and inside the courtroom as a murder
suspect because of the impermissibly suggestive lineups.” The decision
also noted that Jones – who the court said “had cognitive issues,
struggled with alcoholism and had issues with short-term memory recall” –
told police that the killer was armed with a sawed-off shotgun and had
never mentioned to the police that the shooter had any facial hair. At
the time Holloman was killed, Finch had a long beard and distinctive
sideburns and at trial Jones changed his description of the shooter to
fit Finch’s appearance. A new review of the autopsy evidence decades
after the crime disclosed that Holloman had been killed with a pistol,
not a shotgun and new ballistics evidence contradicted prosecution
claims that the shells found at the crime scene matched a shotgun shell
found in Finch’s car. Other witnesses also indicated they had been
pressured into providing testimony implicating Finch. “This new
evidence,” the court said, “not only undercuts the state’s physical
evidence, but it also discredits the reliability of Jones.”
-----------------------------------------------------------------
POST: "Charles Ray Finch Becomes 166th Death-Row Exoneree as North Carolina Prosecutor Formally Drops All Charges," published by The Death Penalty Information Center on June 26, 2019.
GIST: "In July 1976, false forensic testimony and an eyewitness identification manipulated by police misconduct sent Charles Ray Finch to North Carolina’s death row. Forty-three years later, he has become the 166th
person in the United States since 1973 to be exonerated after having
been wrongfully convicted and sentenced to death. On June 14, 2019,
after a federal appeals court said Finch had proven his “actual innocence” and a federal district court had given the state 30 days to decide whether to attempt to retry him, the Wilson County District Attorney quietly and without advance notice to counsel formally dismissed all charges against Finch, completing his exoneration. Finch is the second person in 2019 to be exonerated more than forty years after having been sentenced to death. In March, Clifford Williams, Jr. was exonerated 42 years after having been sentenced to death in Florida. According to the Death Penalty Information Center innocence list, Finch’s case was the 10th
time this decade an exoneration has taken 30 years or more. All of
those exonerees have been black. In 18 cases—more than 10% of the
exonerations—it has taken a quarter century before the exoneree’s rights
have been vindicated. The 166th
exoneration came just days before the nation’s 1,500th
execution on June 20. In the modern era of the U.S. death penalty, there has now been one exoneration for every 9 executions. Finch was wrongly convicted in 1976 of murdering a grocery store
clerk during a robbery. He was sentenced to death under North Carolina’s
mandatory death sentencing law, which was struck down as
unconstitutional soon thereafter. In 1977, the North Carolina Supreme
Court vacated Finch’s death sentence and resentenced him to life in
prison. In January 2019, a unanimous three-judge panel of the U.S. Court
of Appeals for the Fourth Circuit found him “actually innocent” and sent the case back to a lower court for adjudication of constitutional violations relating to his innocence claim. He was freed
on May 23, 2019, when U.S. District Judge Terrence Boyle formally
overturned his conviction and gave prosecutors 30 days to decide whether
to retry him. With the dismissal of charges, Finch has now been fully
exonerated. In the Fourth Circuit decision that declared Finch “actually
innocent,” Chief Judge Roger L. Gregory wrote that “Finch has overcome
the exacting standard for actual innocence through sufficiently alleging
and providing new evidence of a constitutional violation and through
demonstrating that the totality of the evidence, both old and new, would
likely fail to convince any reasonable juror of his guilt beyond a
reasonable doubt.” The court identified major problems with the evidence
used to convict Finch. He was subjected to “suggestive lineups,” in
which he was the only suspect dressed in a three-quarter length jacket,
the same style of clothing that the eyewitness, Lester Floyd Jones, said
the perpetrator was wearing. Such lineups have since been declared
unconstitutional. “These procedural issues support Finch’s allegations
of constitutional error that he was misidentified by Jones,” Judge
Gregory wrote. “No reasonable juror would likely find Finch guilty
beyond a reasonable doubt if it knew the high likelihood that he was
misidentified by Jones both outside and inside the courtroom as a murder
suspect because of the impermissibly suggestive lineups.” The decision
also noted that Jones – who the court said “had cognitive issues,
struggled with alcoholism and had issues with short-term memory recall” –
told police that the killer was armed with a sawed-off shotgun and had
never mentioned to the police that the shooter had any facial hair. At
the time Holloman was killed, Finch had a long beard and distinctive
sideburns and at trial Jones changed his description of the shooter to
fit Finch’s appearance. A new review of the autopsy evidence decades
after the crime disclosed that Holloman had been killed with a pistol,
not a shotgun and new ballistics evidence contradicted prosecution
claims that the shells found at the crime scene matched a shotgun shell
found in Finch’s car. Other witnesses also indicated they had been
pressured into providing testimony implicating Finch. “This new
evidence,” the court said, “not only undercuts the state’s physical
evidence, but it also discredits the reliability of Jones.” Jim Coleman, co-director of the Duke Wrongful Convictions Clinic,
represented Finch for more than 15 years. He said that when he took on
the case, he contacted every major state official, seeking review of
Finch’s case. “The worst thing that we encounter in the work that we do
are indifferent officials—police officers, sheriffs, prosecutors and
judges—who think that justice has been done when there is a conviction,
and nothing that happens after a conviction matters,” Coleman said. “We
have a human system and therefore we make mistakes. It is the obligation
of everybody in the system to be concerned when mistakes are made and
to take action to correct them.” An editorial in The Wilson Times,
which chronicled Finch’s case, called the case a “cautionary tale to
law enforcement officers and prosecutors” and noted that the person who
actually killed Richard Holloman was never held accountable. Finch’s
daughter, Katherine Jones-Bailey said the wrongful conviction victimized
both her family and Holloman’s. “They still didn’t get justice,” she
said. “We all end up suffering at my dad’s expense.” Finch spent 43 years in prison, more than any other death-row
exoneree in modern times. He is the ninth person exonerated from death
row in North Carolina. Seven of the North Carolina death-row exonerees
are black; an eighth is Latino. All of the North Carolina death-row
exonerations involved witness perjury or false accusation, and eight
also involved official misconduct. Those two factors are the most
prevalent causes of wrongful capital convictions in the United States.
The entire post can be read at
https://deathpenaltyinfo.org/news/charles-ray-finch-becomes-166th-death-row-exoneree-as-north-carolina-prosecutor-formally-drops-all-charges
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;
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;