PUBLISHER'S NOTE: It's outrageous. Mississippi has to fork out only $500,000 to the innocent Black man it tried so hard to kill by stacking the juries with White people. (Parker Yesko story). While much of the focus is on the racial injustice, it is important to realise as APM Reporter Dave Mann did, in an earlier story, that the evidence against Flowers was pathetically weak. The abysmal prosecution case was the subject of a post I ran on August 30, 2019, (link below) based on a story by Reporter Mann under the heading, 'What happened to the gun?" You will find this story towards the bottom of this post. https://smithforensic.blogspot.com/search?q=curtis+flowers+mann+gun
Harold Levy: Publisher. The Charles Smith Blog.
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STORY: "Mississippi to pay Curtis Flowers $500,000 for his decades behind bars, APM (Reporter Parker Yesko) reports, on March 2, 2021.
SUB-HEADING: "Judge orders state to give Flowers the maximum compensation for his wrongful conviction."
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GIST: Flowers’ case was the subject of Season 2 of In the Dark. Reporters for the podcast conducted a yearlong investigation of the case and found that the evidence against Flowers was flawed and unreliable. After the release of the podcast, the U.S. Supreme Court agreed to hear Flowers’ case. In June 2019, the high court ruledthat District Attorney Doug Evans, the prosecutor in the case, had violated Flowers’ constitutional rights by striking African Americans during jury selection at Flowers’ sixth trial in 2010. The justices vacated Flowers’ conviction, handed down by a nearly all-white jury, and sent the case back to Winona. An extraordinary series of events followed. While awaiting a possible seventh trial, Flowers was released on bail by Judge Joey Loper who, at a December 2019 hearing, ruled that “the state has failed to convince this court that the proof of Mr. Flowers' guilt is evident.” The following month, Evans recused himself from the case he’d pursued for much of his career and turned the prosecution over to the Attorney General’s office. In September, after reviewing the evidence, that office dismissed the charges against Flowers. At last, he was free. Flowers’ lawyers filed his claim for compensation in November, asserting — as Flowers has all along — his innocence. “A 26-year-old gospel singer with no criminal record, Mr. Flowers was always an unlikely suspect,” the request for compensation read. “His peaceful disposition and tendency to avoid conflict, as confirmed by his spotless prison record spanning nearly twenty-three years, strikes at the foundation of the District Attorney’s theory that he was driven by anger to commit a quadruple murder.”
The entire story can be read:
https://www.apmreports.org/amp/story/2021/03/02/mississippi-to-pay-curtis-flowers-500000-settlement-for-decades-behind-bars
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August 31, 2019 Charles Smith Blog post on Dave Mann APM story referred to above:
PUBLISHER'S NOTE: Unconstitutional jury selection is nothing new in the American South (as evidenced recently on the pages of this Blog the Rodricus Crawford Case. (Louisiana); But going to the heart of the Flower's of the case is the haunting possibility that the man Mississippi is trying so hard to kill is innocent - as is indicated by American Public Media (APM) and it's phenomenal podcast 'In The Dark. Check out this APM story by Dave Mann, a senior editor for APM Reports: It's headed: "What happened to the gun? Lots of questions, little evidence in Curtis Flowers."
Read the New York Times story at:https://www.nytimes.com/2019/08/29/us/curtis-flowers-doug-evans.htmlHarold Levy: Publisher: The Charles Smith Blog.
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PASSAGE OF THE DAY: "Prosecutors have said that Flowers was the only serious suspect from the beginning of the case. But a yearlong investigation by APM Reports has found compelling evidence that points away from Flowers. APM Reports recently interviewed a man named Willie James Hemphill, who said he was a suspect early in the investigation. And the gun that Armstrong says he discovered is additionally important because of where it was found — in the opposite direction from where the prosecution claims Flowers fled from Tardy Furniture. If the gun is the murder weapon, it indicates that perhaps someone else committed the crime. The revelations are among a number of discoveries by APM Reports journalists investigating the 22-year-old case. Previous stories have reported that there’s no direct evidence against Flowers, including no reliable evidence placing him near the scene or linking him to the murder weapon. Moreover, all three jailhouse informants who testified against Flowers have recanted, one directly to a reporter."
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STORY: "What happened to the gun? Lots of questions, little evidence in Curtis Flowers," by Dave Mann, published by The Clarion Ledger on July 7, 2018.
BACKGROUND:
This is the last story in a five-part series, produced in collaboration with APM Reports, examining the case of Curtis Flowers. This series is adapted from "In the Dark," a truly excellent investigative podcast by APM Reports."GIST: One day in 2001, Jeffrey Armstrong was at his mother’s house on the east side of Winona when he heard his dog barking in the backyard. He walked out and saw that the dog had dug up something from under the house. It was a gun — a .380 automatic, rusting and dirty on one side. Armstrong immediately thought of the Tardy Furniture murders five years earlier, a crime for which Curtis Flowers had been convicted and sentenced to death. Armstrong knew that the gun used to shoot the four Tardy employees on July 16, 1996, was a .380, and that the murder weapon had never been found. He gave the gun to investigators. Then, he says, it disappeared. Prosecutors have said that Flowers was the only serious suspect from the beginning of the case. But a yearlong investigation by APM Reports has found compelling evidence that points away from Flowers. APM Reports recently interviewed a man named Willie James Hemphill, who said he was a suspect early in the investigation. And the gun that Armstrong says he discovered is additionally important because of where it was found — in the opposite direction from where the prosecution claims Flowers fled from Tardy Furniture. If the gun is the murder weapon, it indicates that perhaps someone else committed the crime. The revelations are among a number of discoveries by APM Reports journalists investigating the 22-year-old case. Previous stories have reported that there’s no direct evidence against Flowers, including no reliable evidence placing him near the scene or linking him to the murder weapon. Moreover, all three jailhouse informants who testified against Flowers have recanted, one directly to a reporter. "A gun found on an alternate escape route: The question of what happened to the .380 lingers. Armstrong says he turned the gun over to the Winona Police Department. Police Chief Tommy Bibbs and Dan Herod, the department’s chief investigator, told APM Reports that Armstrong had turned in a gun. They said the pistol was sent to the district attorney’s office for testing by the Mississippi crime lab. The state crime lab told APM Reports that it has no record of receiving the gun. It’s not clear if the gun was tested or whether it’s the murder weapon. “They'll never know the whole truth,” said Armstrong, who’s long believed that Flowers is innocent. “This thing has been a mess since the day it happened.” District Attorney Doug Evans has refused to answer specific questions from APM Reports about evidence in the Flowers case. In 2016, Flowers’ defense team asked a state judge to order prosecutors to produce the gun for testing. At the hearing, Evans and a lawyer with the Mississippi Attorney General’s office assisting on the case denied that prosecutors had the gun. The judge ruled against the defense. The gun’s present whereabouts are unknown. If the gun was the murder weapon, it could have undermined the case against Flowers. The gun, said Armstrong, was found just 700 feet east of Tardy Furniture. That’s the opposite direction that prosecutors say Flowers fled. One key prosecution witness said she saw Flowers running west from the store not long after the murders, though other witnesses later questioned the veracity of her claims. East of Tardy Furniture — a direction an assailant could have traversed within minutes of committing the crime — there’s a direct path from the store to where the gun was found. Moreover, the path includes a drainage tunnel under railroad tracks leading to a drainage ditch, all of which could have allowed the shooter to escape largely unseen. Men with criminal histories lived just a few blocks from where the gun was found. That includes Hemphill, who lived in the neighborhood on and off during the 1990s. Hemphill questioned for hours, jailed: As the Clarion Ledger previously reported, the APM Reports investigation found evidence that investigators considered Hemphill a suspect in the days after the Tardy Furniture murders. The investigative file compiled in Flowers' case contained only one mention of Hemphill —- the document he signed waiving his Miranda rights before questioning. Flowers' attorneys asked investigators about Hemphill briefly during the sixth trial in June 2010. Investigators said they quickly eliminated him as a suspect. “I think they talked to him for five minutes, I don’t think they learned anything,” John Johnson, an investigator for the DA’s office, testified. It wasn’t clear exactly why investigators ruled Hemphill out. It took APM Reports months to track down Hemphill, but when reporters found him — at a courthouse in Indianapolis — he said he was questioned for two or three hours about the murders and that his statements were tape recorded. No documents or transcripts about Hemphill’s questioning were turned over to the defense. Legal experts say that prosecutors are usually required to turn over to the defense information about alternative suspects. Told by reporters that investigators said they only questioned him for five minutes, Hemphill said: “It was definitely more than five minutes that they talked to me. It took five minutes to read me my Miranda rights and have me sign papers and set up the recording, the tape recorder. That takes five minutes.” He said investigators were very interested in his shoes. He wore Grant Hill Fila sneakers in size 9 or 10 — the same kind of shoe that left the bloody shoe print at the murder scene. Hemphill told APM Reports that he was shopping at a mall in Memphis at the time of the murders. His alibi witness didn’t return calls. County records uncovered by APM Reports show that Hemphill was booked into jail after his questioning in 1996 and that he remained in jail for 11 days. After Hemphill’s release, the investigation remained focused on Flowers. Regardless of why investigators ruled out Hemphill, if he was a serious suspect and if the prosecution didn’t turn over that information to Flowers’ defense, it might endanger the conviction, legal experts say. In a motion filed in the weeks since the release of the “In the Dark” podcast, Flowers’ defense team cited the Hemphill revelations as a reason the court should move forward with the latest appeal. The lawyers termed it “stunning new evidence that has come to light.” While his appeals continue, Flowers remains on death row. He will soon have spent more than half his life in prison."
The entire story can be read at:
https://www.clarionledger.com/story/news/2018/07/07/curtis-flowers-death-row-missing-gun-more-questions-evidence/764197002/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; -----------------------------------------------------------------
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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FINAL, FINAL WORD (FOR NOW!): "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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