Sunday, January 07, 2007

The Innocent Man


Grisham's latest - click on the pic to visit his website.

Every juror, judge, sworn witness, prosecutor, policeman, warden, prison guard, and defense lawyer in America should be required to read John Grisham's latest book before assuming their duties. The Innocent Man lays out in no uncertain terms the miscarriage of justice that can happen when police and prosecutors let their opinions and zeal for retribution, instead of evidence and rigorous attention to a full legal procedures, guide their investigations and prosecution.

I am routinely struck from juries. I have never served. I know too many proscecutors, lawyers, and have taught too many family members of defendants. But should lawyers decide one day that I am less disreputable than all but eleven other potential jurors, they can know that the defendant in the case will be innocent in my mind until the prosecution can prove beyond reasonable doubt that the defendant is the guy that actually committed the crime.

I am convinced, beyond reasonable doubt, that O.J. Simpson, for example, killed Nicole and Ron. But I will grimly bear to see an occasional lowlife like OJ slinking around the links and gabbing with the tabloids if that is the price we have to pay to see that our American system of impartial justice for every person accused of a crime is vigorously upheld.

Every accused person should be allowed, with the prosecution, equal access to expert examination of the evidence, always, regardless of mental, financial, or other disability. We all want crime punished, but too often the punishment is misplaced. Because of his wealth and fame, Simpson had immediate access to the best defense lawyers and a squad of experts on every kind of forensics. Ron Williamson had none of that. He was seriously disturbed. He had a history of scaring people with his strange behavior. He, at times, looked like everyone's idea of an alcohol and drug crazed killer. It is easy to see why the police and the prosecutor suspected him.

If Grisham is right, many of the authorities in Oklahoma forgot that, in America, suspicion should not be enough.

PBS Story about Ron

PBS Story about Dennis Fritz

Ward and Fontenot

The Innocence Project

A Different Opinion by Joshua Marquis, the district attorney in Astoria, Ore., and vice president of the National District Attorneys Association.

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