Friday, August 6, 2021

Joshua Spriestersbach: Hawaii; Outlandish mistaken identity murder case. Reminded me of the classic movie 'And Justice for All' starring Al Pacino, in which 'anything goes' - or is possible - in a justice system stretched to its seams - and beyond..."Hawaii officials wrongly arrested a homeless man for a crime committed by someone else, locked him up in a state hospital for more than two years, forced him to take psychiatric drugs and then tried to cover up the mistake by quietly setting him free with just 50 cents to his name, the Hawaii Innocence Project said in a court document asking a judge to set the record straight," the 'Star Advisor' story by Reporter Jennifer Sinco Kelleher begins. And then it gets really interesting. HL.


PASSAGE ONE  OF THE DAY: "Spriestersbach’s attorneys argue it all could have been cleared up if police simply compared the two men’s photographs and fingerprints. Instead, against Spriestersbach’s protests that he wasn’t Castleberry, he was eventually committed to the Hawaii State Hospital. “Yet, the more Mr. Spriestersbach vocalized his innocence by asserting that he is not Mr. Castleberry, the more he was declared delusional and psychotic by the H.S.H. staff and doctors and heavily medicated,” the petition said. “It was understandable that Mr. Spriestersbach was in an agitated state when he was being wrongfully incarcerated for Mr. Castleberry’s crime and despite his continual denial of being Mr. Castleberry and providing all of his relevant identification and places where he was located during Mr. Castleberry’s court appearances, no one would believe him or take any meaningful steps to verify his identity and determine that what Mr. Spriestersbach was telling the truth — he was not Mr. Castleberry.” No one believed him — not even his various public defenders — until a hospital psychiatrist finally listened. All it took were simple Google searches and a few phone calls to verify that Spriestersbach was on another island when Castleberry was initially arrested, according to the court document."


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PASSAGE TWO OF THE DAY: "Once the fingerprints and photographs were finalized, officials moved quickly, but secretly, to release Spriestersbach in January 2020, the petition said. “A secret meeting was held with all of the parties, except Mr. Spriestersbach, present. There is no court record of this meeting or no public court record of this meeting. No entry or order reflects this miscarriage of justice that occurred or a finding that Mr. Spriestersbach is not Thomas Castleberry,” the court document said. His lawyers think officials didn’t think anyone would believe Spriestersbach or no one would care about the homeless man who fell asleep waiting for food, only to wake up to a living nightmare."


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STORY: "Mistaken identity land man in Hawaii mental hospital for over 2 years," by Associated Press Reporter  Reporter Jennifer Sinco Kelleher,  published by The Star Advisor on August 3, 2021.

GIST: "Hawaii officials wrongly arrested a homeless man for a crime committed by someone else, locked him up in a state hospital for more than two years, forced him to take psychiatric drugs and then tried to cover up the mistake by quietly setting him free with just 50 cents to his name, the Hawaii Innocence Project said in a court document asking a judge to set the record straight.


A petition filed in court Monday night asks a judge to vacate the arrest and correct Joshua Spriestersbach’s records. The filing lays out his bizarre plight that started with him falling asleep on a sidewalk. He was houseless and hungry while waiting in a long line for food outside a Honolulu shelter on a hot day in 2017.


When a police officer roused him awake, he thought he was being arrested for the city’s ban on sitting or laying down on public sidewalks.


But what he didn’t realize was that the officer mistook him for a man named Thomas Castleberry, who had a warrant out for his arrest for violating probation in a 2006 drug case.


It’s unclear how this happened as Spriestersbach and Castleberry had never met. Spriestersbach somehow ended up with Castleberry as his alias, even though Spriestersbach never claimed to be Castleberry, according to the Hawaii Innocence Project.


Spriestersbach’s attorneys argue it all could have been cleared up if police simply compared the two men’s photographs and fingerprints.


Instead, against Spriestersbach’s protests that he wasn’t Castleberry, he was eventually committed to the Hawaii State Hospital.


“Yet, the more Mr. Spriestersbach vocalized his innocence by asserting that he is not Mr. Castleberry, the more he was declared delusional and psychotic by the H.S.H. staff and doctors and heavily medicated,” the petition said. “It was understandable that Mr. Spriestersbach was in an agitated state when he was being wrongfully incarcerated for Mr. Castleberry’s crime and despite his continual denial of being Mr. Castleberry and providing all of his relevant identification and places where he was located during Mr. Castleberry’s court appearances, no one would believe him or take any meaningful steps to verify his identity and determine that what Mr. Spriestersbach was telling the truth — he was not Mr. Castleberry.”

No one believed him — not even his various public defenders — until a hospital psychiatrist finally listened.


All it took were simple Google searches and a few phone calls to verify that Spriestersbach was on another island when Castleberry was initially arrested, according to the court document.


The psychiatrist asked a detective to come to the hospital, who verified fingerprints and photographs to determine the wrong man had been arrested and Spriestersbach spent two years and eight months institutionalized, the petition said, noting that it wasn’t hard to determine the real Castleberry has been incarcerated in an Alaska prison since 2016.


According to records, a 49-year-old man named Thomas R. Castleberry is in the Spring Creek Correctional Facility in Seward, Alaska. His relatives couldn’t be reached for comment. The Alaska public defender listed for him declined to comment today.


The Hawaii Innocence Project document also claims Spriestersbach had ineffective counsel: the Hawaii public defender’s office.


Police, the state public defender’s office, the state attorney general and the hospital “share in the blame for this gross miscarriage of justice,” the petition said.


Hawaii Public Defender James Tabe and Gary Yamashiroya, special assistant to the attorney general, declined to comment today.


Once the fingerprints and photographs were finalized, officials moved quickly, but secretly, to release Spriestersbach in January 2020, the petition said.


“A secret meeting was held with all of the parties, except Mr. Spriestersbach, present. There is no court record of this meeting or no public court record of this meeting. No entry or order reflects this miscarriage of justice that occurred or a finding that Mr. Spriestersbach is not Thomas Castleberry,” the court document said.


His lawyers think officials didn’t think anyone would believe Spriestersbach or no one would care about the homeless man who fell asleep waiting for food, only to wake up to a living nightmare.


Spriestersbach, 50, who lives with his sister in Vermont, declined to comment for this story.


His sister, Vedanta Griffith, spent nearly 16 years looking for him. He moved to Hawaii with Griffith when her husband was stationed on Oahu with the Army in 2003. He moved to the Big Island and then disappeared, while suffering mental health issues, she said.


“Part of what they used against him was his own argument: ‘I’m not Thomas Castleberry. I didn’t commit these crimes. … This isn’t me,’” she told The Associated Press. “So they used that as saying he was delusional, as justification for keeping him.”


After his release, he ended up at a homeless shelter, which contacted his family.

“And then when light is shown on it, what do they do? They don’t even put it on the record. They don’t make it part of the case,” Griffith said. “And then they don’t come to him and say, ‘We are so sorry’ or, how about even ‘Gee, this wasn’t you. You were right all along.’”


Spriestersbach now refuses to leave his sister’s 10-acre property.






“He’s so afraid that they’re going to take him again,” Griffith said.


The entire story can be read at:

https://www.staradvertiser.com/2021/08/03/breaking-news/mistaken-identity-lands-man-in-hawaii-mental-hospital-for-over-2-years/


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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FINAL, FINAL WORD: "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;