PASSAGE OF THE DAY: "It is appalling to think that the chief law enforcement officer of our state would be more concerned with enforcing a procedural rule than pursuing justice in a murder case. Courts and prosecutors often set aside procedural time limits where necessary to avoid a miscarriage of justice. No experienced prosecutor would advocate against doing so in a case like Johnson’s. If Eric Schmitt had spent any time in his career as a prosecutor, he would know that. That’s why the Circuit Attorney’s Office affirmatively waived the time limit to allow the court to hear the motion. Eric Schmitt should do the same. When a prosecutor sees injustice being done, he should move heaven and earth to stop it. In this case, it is not too late."
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COMMENTARY: "Lamar Johnson deserves his day in court," by guest columnist Rich Finneran, published by The St. Louis American on December 11, 2019. ( Rich Finneran is a former assistant U.S. attorney for the Eastern District of Missouri and a Democratic candidate for Missouri attorney general.)
GIST: "As
a federal prosecutor, I was always taught that my job was not merely to
obtain convictions, but to seek justice. It was just as much my duty to
ensure that the innocent go free as that the guilty were brought to
justice. That is why it is so troubling that Missouri
Attorney General Eric Schmitt is fighting St. Louis Circuit Attorney
Kimberly Gardner’s efforts to obtain a new trial for Lamar Johnson. Johnson
was convicted of murder in 1995. Since that conviction, two other men
have confessed to the crime and denied Johnson’s involvement, and the
Circuit Attorney Office’s Conviction Integrity Unit has uncovered
additional information that was not known at the time of trial —
including direct payments made to an eyewitness and the relevant
criminal history of a jailhouse informant. That
is the sort of evidence that prosecutors are constitutionally and
ethically required to reveal before taking a defendant to trial. In
light of this new evidence, the circuit attorney moved for a new trial
for Johnson. That is what any ethical prosecutor would do. But
then Attorney General Eric Schmitt stepped in and argued that a new
trial was inappropriate because the motion had not been filed within 15
days of the verdict. It is appalling to think that the
chief law enforcement officer of our state would be more concerned with
enforcing a procedural rule than pursuing justice in a murder case.
Courts and prosecutors often set aside procedural time limits
where necessary to avoid a miscarriage of justice. No experienced
prosecutor would advocate against doing so in a case like Johnson’s. If
Eric Schmitt had spent any time in his career as a prosecutor, he would
know that. That’s why the Circuit Attorney’s Office affirmatively
waived the time limit to allow the court to hear the motion. Eric
Schmitt should do the same. When a prosecutor sees
injustice being done, he should move heaven and earth to stop it. In
this case, it is not too late. Eric Schmitt should withdraw his
opposition to the circuit attorney’s motion and let Lamar Johnson have
his day in court. No innocent person should have to sit in prison for 24
years because of a technicality. And no real prosecutor would stand for
it."
The entire commentary can be read 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/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;
