Wednesday, March 30, 2022

Keith Carnes: Missouri: Secret agreements between police and their informants; On the threshold of Keith Carne's Missouri Supreme Court bid for freedom, The Kansas City Star has a message for lawmakers: "Lying informants put too many people in prison. Missouri lawmakers, you can fix it.".."Lockett and another witness, Lorianne Morrow, lied under oath during Carnes’ jury trial in 2005, his attorneys contend. Lockett recanted her testimony that identified Carnes as a killer — and her initial statement to police did not name him, newly discovered evidence showed. She switched her story again in the hearing before Hickle, and went back to calling Carnes the killer. Carnes was railroaded by Kansas City police and Jackson County prosecutors, his supporters say. Given their reliance on Lockett, he does deserve a new trial. But as always, Missouri Attorney General Eric Schmitt’s office is determined to keep Carnes behind bars regardless."


PUBLISHER'S NOTE: What do police informants have to do with forensic science? (I'm glad you asked). Investigative  Reporter Pamela Colloff give us  a clue when she writes:  "I’ve wanted to write about jailhouse informants for a long time because they often appear in troubled cases in which the other evidence is weak." That's my experience as  will as a criminal lawyer and an observer of criminal justice. Given the reality that jurors - thanks to the CSI effect - are becoming more and more insistent on the need for there to be forensic evidence, it is becoming more and more common for police to rely on shady tactics such as use of secret agreements with police snitches, glossing over their lies, staging lineups, coercing, inducing, false confessions - or creating them  out of thin air, procuring false eyewitness testimony or concealing exculpatory evidence, in order to ensure a conviction, etcetera, etcetera and so forth. No lab needed.
Harold Levy: Publisher: The Charles Smith Blog;
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PASSAGE OF THE DAY: "Last year, Missouri lawmakers approved legislation that gives local prosecutors the ability to address a miscarriage of justice.  Jackson County Prosecutor Jean Peters Baker used the new law to file a motion asking a judge to consider that Kevin Strickland was wrongfully imprisoned for 43 years for a triple murder he did not commit.   Legislation that would establish procedures to vet the integrity of informant testimony has stalled.  Missouri House Bill 2523, or the Informant Reliability Act, would require prosecutors to disclose details of any deals reached with jailhouse snitches or police informants like Lockett, who had financial reasons to want to eliminate Carnes from the neighborhood drug trade. We know that false testimony from informants is a major factor in wrongful convictions, and the Informant Reliability Act could help reduce the risk of sending more innocent people to prison.  Why aren’t Missouri lawmakers interested?"


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EDITORIAL: "Lying informants put too many people in prison. Missouri lawmakers, you can fix it," published by the Kansas City Star on March 29, 2022.


GIST: "A secret government witness was used to help send Keith Carnes of Kansas City to prison for life for a murder he may have not committed. 


This week, the Missouri Supreme Court will hear oral arguments in the case to determine if Carnes is entitled to post-conviction relief. 


Carnes was convicted of killing Larry White, a rival drug dealer, in 2003. Detectives with the Kansas City Police Department withheld key evidence from Carnes’ legal defense team, appellate attorneys for Carnes successfully argued. 


The secret agreement between police detectives and witness Wendy Lockett, among other legal issues, they said, required a new look at the facts of the case. 


The failure by police to disclose Lockett was a police informant violated Carnes’ right to a fair trial, his attorneys argued during a evidentiary hearing last year in front of Special Master William Hickle. 


Several other witnesses who came forward to identify a different man as the shooter were deemed credible by the special master. 


Lockett and another witness, Lorianne Morrow, lied under oath during Carnes’ jury trial in 2005, his attorneys contend. Lockett recanted her testimony that identified Carnes as a killer — and her initial statement to police did not name him, newly discovered evidence showed. 


She switched her story again in the hearing before Hickle, and went back to calling Carnes the killer.


 Carnes was railroaded by Kansas City police and Jackson County prosecutors, his supporters say. 


Given their reliance on Lockett, he does deserve a new trial. But as always, Missouri Attorney General Eric Schmitt’s office is determined to keep Carnes behind bars regardless. 


Last year, Missouri lawmakers approved legislation that gives local prosecutors the ability to address a miscarriage of justice. 


Jackson County Prosecutor Jean Peters Baker used the new law to file a motion asking a judge to consider that Kevin Strickland was wrongfully imprisoned for 43 years for a triple murder he did not commit. 


Legislation that would establish procedures to vet the integrity of informant testimony has stalled.


 Missouri House Bill 2523, or the Informant Reliability Act, would require prosecutors to disclose details of any deals reached with jailhouse snitches or police informants like Lockett, who had financial reasons to want to eliminate Carnes from the neighborhood drug trade.


 We know that false testimony from informants is a major factor in wrongful convictions, and the Informant Reliability Act could help reduce the risk of sending more innocent people to prison.


 Why aren’t Missouri lawmakers interested?"


The entire editorial can be read at:


article259867345.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;




SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:




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;