PUBLISHER'S NOTE: It is worth noting that among the overwhelming evidence of innocence, no forensic evidence proved ties Lamar Johnson to the murder - and, as noted by two state's attornies in a commentary published in a previous post on this Blog, the Conviction Integrity Unit found that Johnson's conviction was obtained through the false testimony of an eyewitness who later recanted and was secretly paid by the state.
Harold Levy: Publisher: The Charles Smith Blog.
https://www.usatoday.com/story/opinion/policing/spotlight/2020/01/07/lamar-johnson-still-incarcerated-murder-despite-evidence-innocence/4380812002/
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PASSAGE OF THE DAY: "Twenty-four years ago, Johnson was convicted of murdering Marcus Boyd on October 30, 1994, though evidence shows that Johnson was at a friend’s house and would not have been able to commit the crime. He was sentenced to life in prison without the possibility of parole. In July, Gardner’s prosecutors asked Circuit Judge Elizabeth Hogan to set aside Johnson’s 1995 murder conviction. Gardner’s team alleges that former prosecutors and police fabricated evidence to get the conviction of an innocent man. Hogan brought in Missouri Attorney General Eric Schmitt to represent the state, which is what voters elected Gardner to do. Schmitt has argued all the way to the state’s highest court that Gardner doesn’t have the authority to ask for a new trial if she thinks an innocent person has spent more than two decades in prison wrongfully.The Missouri Supreme Court’s ruling in the Johnson case would impact other prosecutors throughout the state, including St. Louis County Prosecuting Attorney Wesley Bell, who have also established a Conviction Integrity Unit. “If allowed to stand, this decision would not only leave Lamar Johnson behind bars, but create a severe barrier to justice for any person wrongfully convicted in Missouri by blocking the ability of prosecutors to ask courts to remedy such cases, thus rendering all conviction integrity efforts across the state null and void,” said Bell, a signatory to the brief."
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STORY: "45 elected prosecutors argue that Missouri Supreme Court should grant Lamar Johnson a new trial Lamar Johnson," by reporter Rebecca Rivas, published by The St. Louis American on February 11, 2020.
GIST: "Does an elected prosecutor have the authority to correct the wrongful convictions of their predecessors? This
week, 45 elected prosecutors from around the country signed and
submitted a brief to the Missouri Supreme Court fervently arguing that
they did “When an innocent person becomes enmeshed in the gears
of that system, the officials empowered by the public to turn on the
machinery are not powerless to turn it off,” they state in an amicus curiae brief
filed on Monday, February 10. “It would be a perverse system indeed if
elected representatives may ask the courts to imprison innocent citizens
but not to free them.” The
brief was submitted as part of the Lamar Johnson case, which the
Supreme Court is currently reviewing and is being closely watched by
elected prosecutors nationwide. It’s a case dredged up by St. Louis
Circuit Attorney Kimberly Gardner’s Conviction Integrity Unit. Twenty-four
years ago, Johnson was convicted of murdering Marcus Boyd on October
30, 1994, though evidence shows that Johnson was at a friend’s house and
would not have been able to commit the crime. He was sentenced to life
in prison without the possibility of parole. In July, Gardner’s prosecutors asked Circuit Judge Elizabeth Hogan
to set aside Johnson’s 1995 murder conviction. Gardner’s team alleges
that former prosecutors and police fabricated evidence to get the
conviction of an innocent man. Hogan brought in Missouri Attorney General Eric Schmitt to represent the state, which is what voters elected Gardner to do. Schmitt has argued
all the way to the state’s highest court that Gardner doesn’t have the
authority to ask for a new trial if she thinks an innocent person has
spent more than two decades in prison wrongfully. The Missouri
Supreme Court’s ruling in the Johnson case would impact other
prosecutors throughout the state, including St. Louis County Prosecuting
Attorney Wesley Bell, who have also established a Conviction Integrity
Unit. “If
allowed to stand, this decision would not only leave Lamar Johnson
behind bars, but create a severe barrier to justice for any person
wrongfully convicted in Missouri by blocking the ability of prosecutors
to ask courts to remedy such cases, thus rendering all conviction
integrity efforts across the state null and void,” said Bell, a
signatory to the brief. Through 2018, Conviction Integrity Units
have been responsible for producing 344 exonerations nationwide,
according to the brief. “A loss in this case could also send a
message to those who are trying to undermine the work of elected
prosecutors nationally who are looking to increase accountability,”
said Miriam Krinsky, executive director of Fair and Just Prosecution.
“And it could embolden those who are trying to push back on these
reform-minded leaders.” The brief argues that nationally
Conviction Integrity Units have grown into a “recognized benchmark” for
local prosecution offices, and they are now “well-settled vehicles” for
reviewing and seeking to overturn convictions when there is evidence of
actual innocence or misconduct by prosecutors or law enforcement. By the
end of 2018, such units operated in 44 jurisdictions across the
country, including in many of amici’s own cities and counties. “Although
prosecutors serve as legal representatives of the state, they are not
one-dimensional advocates charged with obtaining convictions and
resisting the reversal of a wrongful conviction at all costs,” the brief
states. Gardner has faced fierce resistance during her tenure as prosecutor, and she recently filed a civil rights lawsuit
against the City of St. Louis, the St. Louis Police Officers
Association and other individuals. The lawsuit argues that the
resistance and attacks aimed at ousting her from office are racially
motivated. The pushback to Gardner’s Conviction Integrity Unit is a
reflection of the pushback she is facing, one signatory said. “Allowing
politics to determine whether relief is granted or denied in a case
where there are credible claims of innocence and serious concerns about
prosecutorial and law enforcement misconduct is unconscionable,” said
Andrew Warren, state attorney of Florida’s Thirteenth Judicial Circuit,
another signatory to the brief. “This is a matter of justice for Lamar
Johnson and the integrity of our system.""
The entire story can be read at:
http://www.stlamerican.com/news/local_news/elected-prosecutors-argue-that-missouri-supreme-court-should-grant-lamar/article_3e40ba88-4d0f-11ea-b413-2336dfcb5b21.htmlThe entire story 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;
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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:
Executive Director: New England Innocence Project;
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