Thursday, December 12, 2019

Lamar Johnson: Missouri: Bulletin: Innocent man behind bars for 24 years cannot be freed because of a missed deadline: His fate now rests with the Missouri Court of Appeals. St. Louis Public Radio (Reporter Rachel Lippmann) reports.


QUOTE OF THE DAY: "There is a really important issue at stake in this case, and that is what happens in Missouri when a prosecutor realizes that a conviction or a sentence is wrong,” said Tony Rothert, the ACLU of Missouri’s legal director, who watched oral arguments. "According to the attorney general's office, there's nothing the government can do. That's all on a defendant who is locked away in prison, who may not have an attorney, who has no education, no resources; they're supposed to figure out how to undo a wrongful conviction. That is not what the Constitution requires. That's not what other states do. And that shouldn't be the case in Missouri, either."

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STORY: "Appeals Court Weighs Authority Of Missouri Prosecutors To Correct Wrongful Convictions," by reporter Rachel Lippman, published by  St. Louis Public Radio on December 11, 2019.

GIST: "The ability of prosecutors in Missouri to undo wrongful convictions they discover is in the hands of a state appeals court. A three-judge panel of the Eastern District of Missouri heard oral arguments Wednesday in the case of Lamar Johnson. St. Louis Circuit Attorney Kim Gardner asked for a new trial in his case in July, saying her Conviction Integrity Unit found pervasive police and prosecutor misconduct in his 1995 murder conviction. St. Louis Circuit Judge Elizabeth Hogan rejected Gardner’s request, saying she filed it well beyond court deadlines. The attorney general’s office is defending that position in court at Hogan's request.  “There is a really important issue at stake in this case, and that is what happens in Missouri when a prosecutor realizes that a conviction or a sentence is wrong,” said Tony Rothert, the ACLU of Missouri’s legal director, who watched oral arguments. "According to the attorney general's office, there's nothing the government can do. That's all on a defendant who is locked away in prison, who may not have an attorney, who has no education, no resources; they're supposed to figure out how to undo a wrongful conviction. That is not what the Constitution requires. That's not what other states do. And that shouldn't be the case in Missouri, either." There is no deadline for the appeals court to act. Johnson remains behind bars in Jefferson City."

The entire story can be read at:
"https://news.stlpublicradio.org/post/appeals-court-weighs-authority-missouri-prosecutors-correct-wrongful-convictions

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;