Thursday, June 1, 2023

Capital punishment, life, literacy and expert reports (and perhaps why some experienced counsel think jury trials are 'crap shoots.')...'A startling discovery'...The Kansas City Star (Reporter Katie Moore) reports that a federal judge in Missouri on Wednesday halted the execution of Michael Tisius in order to hold a preliminary hearing over a juror who defense attorneys say could not read or write and was thus ineligible for jury service..."Late last month, his legal team made what they described as a “startling discovery”: One of the jurors was not able to read or write. According to Missouri law, a person is disqualified from serving on a jury if they are unable to read, speak and understand English. Keith O’Connor, an attorney for Tisius, said the juror could not read the diagrams, letters or expert reports admitted into evidence. According to a declaration signed April 29, the man said a courthouse employee helped him fill out his juror questionnaire. The questionnaires were destroyed within a year of Tisius’ sentencing. The declaration was read to him by a witness because he cannot read. Tisius’ attorneys said they did not know if prosecutors were aware that the juror was unqualified."


QUOTE OF THE DAY: "According to Missouri law, a person is disqualified from serving on a jury if they are unable to read, speak and understand English.  Keith O’Connor, an attorney for Tisius, said the juror could not read the diagrams, letters or expert reports admitted into evidence. "
 
PASSAGE OF THE DAY:  "Tisius was 19 when he shot and killed Jason Acton and Leon Egley, two guards at the Randolph County jail, during a botched escape attempt in 2000. Several groups including the American Bar Association, the Inter-American Commission on Human Rights and the NAACP have called on Gov. Mike Parson to grant Tisius clemency.They cite Tisius’ remorse, his age and brain development at the time of the double homicide, and missteps by his attorney during sentencing."

------------------------------------------------------

STORY: "Execution of Michael Tisius in MO halted by federal judge, who orders hearing on juror," by Reporter Katie Moore, published by The Kansas City Star, on June 1, 2023. (Thanks to the Marshall Project for drawing this story to our attention. HL;

GIST: "A federal judge has ordered a Missouri man’s execution be halted until a hearing on a juror’s literacy can be held. Michael Tisius, 42, was set to die by lethal injection on Tuesday, June 6. 


Late last month, his legal team made what they described as a “startling discovery”: One of the jurors was not able to read or write.   


According to Missouri law, a person is disqualified from serving on a jury if they are unable to read, speak and understand English. 


Keith O’Connor, an attorney for Tisius, said the juror could not read the diagrams, letters or expert reports admitted into evidence.  


According to a declaration signed April 29, the man said a courthouse employee helped him fill out his juror questionnaire.   


The questionnaires were destroyed within a year of Tisius’ sentencing.  


The declaration was read to him by a witness because he cannot read.   Tisius’ attorneys said they did not know if prosecutors were aware that the juror was unqualified."


The issue was presented to the Missouri Supreme Court, which struck down the motion. 


Tisius’ attorneys then brought it to federal court. 


In an order Wednesday, U.S. District Judge Stephen R. Bough wrote that a brief stay of execution was warranted. 


Bough ordered an evidentiary hearing.


The Missouri Attorney General’s Office has filed a notice of appeal. 


Tisius was 19 when he shot and killed Jason Acton and Leon Egley, two guards at the Randolph County jail, during a botched escape attempt in 2000. 


Several groups including the American Bar Association, the Inter-American Commission on Human Rights and the NAACP have called on Gov. Mike Parson to grant Tisius clemency.


They cite Tisius’ remorse, his age and brain development at the time of the double homicide, and missteps by his attorney during sentencing."


The entire story can be read at:


https://www.kansascity.com/news/state/missouri/article275945031.html?ac_cid=DM805707&ac_bid=-12322004440


PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


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;

—————————————————————————————————


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;


------------------------------------------------------------------


YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/


---------------------------------------------------------------------