PASSAGE OF THE DAY: "It is hard to imagine what interest the court or the attorney general has in preventing this case from being decided on the merits. But what is clear is that when a prosecutor’s discretion to seek a new trial for an innocent man is threatened — as Gardner’s has been — it compounds the failure that caused Johnson’s conviction in the first place. Limiting prosecutorial discretion will continue to make it more difficult for other wrongfully convicted men and women to present evidence of innocence. And it makes it harder for prosecutors to fulfill the ethical responsibility to address past harms, to restore integrity in our system and rebuild fractured bonds of trust with our communities.
COMMENTARY: "There is overwhelming evidence Lamar Johnson didn't commit murder. So why is he still behind bars?, by Marilyn J. Mosby and Kimberly Fox, published by USA Today on January 7, 2020. Marilyn J. Mosby is the Baltimore state's attorney. Kimberly Foxx is the state’s attorney for Cook County, Illinois. Prosecutors Rachael Rollins, Aramis Ayala, Stephanie N. Morales, Diana Becton, Sherry Boston, Aisha N. Braveboy, Satana T. Deberry and Lynniece Washington also contributed to this column.
SUB-HEADING: "Since his incarceration, two men have confessed, and an investigation found that officials secretly paid witness. But prosecutors are being barred from overturning conviction."
GIST: Lamar Johnson, 45, has spent more than half of his life behind bars. And now, even though there is overwhelming evidence of his innocence, he remains incarcerated. Last
month, the Missouri Court of Appeals heard arguments on Johnson’s
motion for a new trial, one that prosecutor, St. Louis Circuit Attorney
Kim Gardner, championed. The court dismissed Johnson’s motion, but it recognized the importance of the issues presented in this case and agreed to transfer it to the Missouri Supreme Court. In July, the Conviction Integrity Unit in
Gardner's office found that Johnson's conviction was obtained through
the false testimony of an eyewitness who later recanted and was secretly
paid by the state. Elected prosecutors from around the country are
closely following Johnson’s case because its outcome affects us all. As
prosecutors, our discretion to address past miscarriages is at stake.
More important, keeping an innocent man in prison does nothing to
protect the public. It also, as so aptly stated in the CIU
report, "corrodes public confidence in the justice system."
Counting convictions doesn't bring justice:
A prosecutor's
job is not about a win-loss record or counting convictions. It's about
seeking justice and promoting safe and healthy communities. We run for
office because we are committed to justice for victims of crime and to
changing a system that has failed individuals, families and communities
— especially poor, black and brown communities — for far too long. While
in office, we learn that there is no more tragic example of this
failure than a person imprisoned for a crime he did not commit. Prosecutors
must be able to look back and seek to remedy cases where injustices
occurred. Overturning wrongful convictions is an essential duty. It’s clear that the system failed Johnson. In
1994, he was convicted of a murder that prosecutors now agree he had
nothing to do with. The two men responsible for the crime have since
confessed. The system robbed Johnson of approximately 25 years of his
life. His two daughters were forced to grow up without him. Tragedies like Johnson’s are sadly all too common
in our legal system, the inevitable casualties of a failed
tough-on-crime playbook that for too long prioritized winning at all
costs over seeking justice. Gardner has taken a
different approach and filed a motion for a new trial. She has faced
resistance from the lower court and Missouri's attorney general, who
pushed the judge to bar Johnson from having his case decided on its
merits, in spite of the newly discovered evidence of his innocence. It
is hard to imagine what interest the court or the attorney general has
in preventing this case from being decided on the merits. But what is
clear is that when a prosecutor’s discretion to seek a new trial for an
innocent man is threatened — as Gardner’s has been — it compounds the
failure that caused Johnson’s conviction in the first place. Limiting
prosecutorial discretion will continue to make it more difficult for
other wrongfully convicted men and women to present evidence of
innocence. And it makes it harder for prosecutors to fulfill the ethical
responsibility to address past harms, to restore integrity in our
system and rebuild fractured bonds of trust with our communities.
In more ways than one, a history of struggle:
Gardner
isn't alone. Just as the system disproportionately prosecutes men of
color, it has a history of dismissing efforts of black female
prosecutors, like Gardner, who try to right past wrongs. When
I (Mosby), as Baltimore state’s attorney, lobbied to
introduce legislation that would eliminate hundreds of wrongful
convictions caused by the actions of corrupt police officers, the Maryland State's Attorneys' Association vehemently came out against me, going so far as testifying against the legislation. After my co-author Kimberly Foxx,
state's attorney for Cook County, Illinois, made a motion
to overturn dozens of convictions tainted by coerced police
interrogations, the local police union lambasted her as someone harboring "anti-police" sentiment. District
Attorney Rachael Rollins of Suffolk County, Massachusetts, pledged to
focus on prosecuting violent crimes and diverting nonviolent matters to
treatment and restoration programs. For that, the president of the National Police Association said Rollins had “incited ... illegal conduct,” and the group filed a complaint with the bar association. Black
and brown communities want and deserve long overdue changes to the
justice system. A few moments of resistance cannot be a deterrent for
that change. Prosecutors' obligation to
correct injustices in our system is not at odds with our commitment to
victims. But the resistance we face when fulfilling this duty is at odds
with public safety. To
keep communities safe, we must protect the integrity
of every conviction so individuals trust our system and will cooperate
with law enforcement to solve crimes. We also need to hold law
enforcement accountable at all levels so innocent people are not at risk
of being convicted as a result of fabricated evidence. Of
all our duties, the obligation to protect the integrity of the justice
system is the most imperative, and we must get it right. For Johnson,
that means the people and systems working against Gardner need to let
her do her job."
The entire commentary can be read at:
https://www.usatoday.com/story/opinion/policing/spotlight/2020/01/07/lamar-johnson-still-incarcerated-murder-despite-evidence-innocence/4380812002/
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;
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.""
Lawyer Radha Natarajan:
https://www.providencejournal.com/news/20191210/da-drops-murder-charge-against-taunton-man-who-served-35-years-for-1979-slaying
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