PASSAGE OF THE DAY: "The Idaho Innocence Project is a very small organization. We’ve tried to get this legislation introduced for more than 10 years, but Rep. Ricks and Sen. Lent made it happen this year. They worked tirelessly and did everything right, ensuring the bill had broad support among the stakeholders. They did this because they were moved by the injustice they saw. Charles Fain lost both of his parents while he sat on death row for 18 years for a murder he did not commit. The state had relied upon jailhouse snitches as well as embellished testimony from a single “expert,” using a now discredited technique. In 2001, Fain was exonerated by DNA testing that proved he was not the killer. Chris Tapp lost his father during the two decades he spent in Idaho prisons, wrongfully convicted of rape and murder. The police forced a confession out of Tapp, just 19 at the time, by telling him he was going to the gas chamber if he didn’t tell them what they wanted to hear, and promising him immunity if he did. Last year, DNA testing not only fully exonerated Tapp but also identified a new suspect who matches the DNA."
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COMMENTARY:”Idaho Exonerees are worth it, Gov. Little” by Greg Hampikian, published by The Idaho Statesman on April 27, 2020. (Greg Hampikian, Ph.D., is a professor of biology and criminal justice at Boise State University. He is also the director of the Idaho Innocence Project.)
Charles Fain, a 73-year-old exoneree and Vietnam veteran, would finally be able to get his teeth fixed and think about retirement after spending 18 years on death row. Chris Tapp could be assured that the people of Idaho were trying their best to help him after the 20 years he spent behind bars. To him, that vote on the final day of the legislative session was Idaho showing its decency and compassion.
But all of that goodwill was undone with Gov. Brad Little’s shocking veto. His actions were all the more inexplicable because the governor’s office had been apprised of the bill and asked for comments throughout. The bill’s sponsors, Rep. Doug Ricks, R-Rexburg, and Sen. Dave Lent, R-Idaho Falls, met with every stakeholder, from the prosecutors to the courts and defense lawyers, continually updating it to make sure everyone was satisfied with the final version. Not once did the governor’s office voice a concern or suggest an amendment. In fact, they told us they didn’t consider the bill controversial. Even amid the COVID-19 slowdown, we were assured that if the governor did not sign it, it would become law automatically at 6:33 p.m. on March 31. The session was over, the governor was busy, it was entirely possible he wouldn’t have time.
Gov. Little announced his veto on March 30, along with a raft of complaints about the bill that we saw for the very first time. Rep. Ricks said he was “blindsided.
But all of that goodwill was undone with Gov. Brad Little’s shocking veto. His actions were all the more inexplicable because the governor’s office had been apprised of the bill and asked for comments throughout. The bill’s sponsors, Rep. Doug Ricks, R-Rexburg, and Sen. Dave Lent, R-Idaho Falls, met with every stakeholder, from the prosecutors to the courts and defense lawyers, continually updating it to make sure everyone was satisfied with the final version. Not once did the governor’s office voice a concern or suggest an amendment. In fact, they told us they didn’t consider the bill controversial. Even amid the COVID-19 slowdown, we were assured that if the governor did not sign it, it would become law automatically at 6:33 p.m. on March 31. The session was over, the governor was busy, it was entirely possible he wouldn’t have time.
Gov. Little announced his veto on March 30, along with a raft of complaints about the bill that we saw for the very first time. Rep. Ricks said he was “blindsided.
I, for one, found the governor’s underhanded action even more galling because he knew his veto could not be overridden — the session was over. Now exonerees have to wait until next year to try again — further delaying justice. Single-handedly, the governor thwarted the will of the people, the unanimous votes of both parties in the Legislature, and the dignity of two exonerees who had been thanked by dozens of deeply moved legislators for their testimony. I know all of this because I was there.
The Idaho Innocence Project is a very small organization. We’ve tried to get this legislation introduced for more than 10 years, but Rep. Ricks and Sen. Lent made it happen this year. They worked tirelessly and did everything right, ensuring the bill had broad support among the stakeholders. They did this because they were moved by the injustice they saw.
Charles Fain lost both of his parents while he sat on death row for 18 years for a murder he did not commit. The state had relied upon jailhouse snitches as well as embellished testimony from a single “expert,” using a now discredited technique. In 2001, Fain was exonerated by DNA testing that proved he was not the killer.
Chris Tapp lost his father during the two decades he spent in Idaho prisons, wrongfully convicted of rape and murder. The police forced a confession out of Tapp, just 19 at the time, by telling him he was going to the gas chamber if he didn’t tell them what they wanted to hear, and promising him immunity if he did. Last year, DNA testing not only fully exonerated Tapp but also identified a new suspect who matches the DNA. Compensation can help the wrongfully imprisoned start a new life. Of course money doesn’t buy back lost years, but it’s the decent thing to do. The people of Idaho know this, the entire legislature knows this, and most tragically, Idaho’s exonerees know this. Why then, does our governor not?Gov. Little vetoed a humane bill to compensate Idahoans who have suffered wrongful arrest, prosecution, imprisonment, denial of parole and decades of indignities. This latest injustice — without so much as a word before the bill passed — is a fresh slap in the face."
The entire commentary can be read at:
https://www.idahostatesman.com/opinion/readers-opinion/article242278311.html
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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