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(Russia Today)   News: A Kansas City man was released from prison three decades after a wrongful rape conviction. Fark: The Clerk who helped the inmate exonerate himself with DNA evidence was fired   (rt.com) divider line 112
    More: Asinine, DNA, Kansas City, DNA evidence, inmate exonerate, Innocence Project, legal representation, rape kits, Kansas City Police Department  
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9938 clicks; posted to Main » on 01 Aug 2013 at 1:15 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-08-01 04:32:49 PM  
Smelly Pirate Hooker

FTFA: both the prosecutor and attorney"had a problem" with her intervention in the case

Yes, people usually have a problem with their incompetence being exposed.


Exactly correct, especially for those with future political aspirations. Judges and DA's tend to get all upset when proven wrong and they have the ability and power to start making it difficult for their mistakes to be corrected.

Years ago, an inmate writing a legal brief contesting his conviction would have it accepted because it was understood that he was not a lawyer, had limited access to legal expertise and even supplies. He could write the papers in pencil in a rambling way, but so long as the desire and purpose was understood, the courts would act.

Now, after major incompetence has been shown due to the advances in technology and lawsuits ranging in the millions have been levied against states which jailed innocent people, the legal system has started making it hard for an uneducated convict to get potentially acquitting evidence examined.

In addition to needing the requisite legal knowledge to file a proper motion with the court, a 2009 US Supreme Court ruling stated that a defendant willing to pay for a DNA test at his own expense was not entitled to do so. Chief Justice John G. Roberts said that such an allowance risked "unnecessarily overthrowing the established system of criminal justice.

Pretty much denying the defendant any option to prove his innocence, which, IMO, should be stricken from the law books as unconstitutional. It's a blatant move for Judges and DA's to cover their arses only. It has no other purpose.

Even if a lab is not State Certified, a result from it should be considered and then retested at a certified one to confirm the results. No innocent person should be imprisoned for a crime they did not commit.

Ages back, the office of the Public Defender was created in an effort to provide justice for all, especially for those who could not afford the expense of a lawyer. Walking into court without a lawyer would nearly always guarantee a conviction. That was determined to be unconstitutional.
Having to present papers to the court, written in EXACTLY an approved form, is a hurdle placed deliberately in the way of anyone without a lawyer to prove their innocence.

As for the clerk, there are times when standing up for what is right supercedes self-protective rules, especially when information disbursed is considered to be in the public dominion and available to anyone.

His termination was an obvious retribution for embarrassing powerful legal representatives and opening the State up to a lawsuit which could cost them millions.

As various technologies become available to determine the guilt or innocence of a convicted person, there will no doubt be barricades raised to prevent their having access to them.

The State and Judicial system prefers to lock an innocent away in jail for life rather than to admit a mistake was made.

I once heard a DA mention that he had never lost a case and was concerned over that because not all of the cases he tried would have been actually guilty people. The law of probability forbids it. This simply indicated to me that he was basically a better bullshiatter than most, able to manipulate others into believing his way and/or managing to get potentially exonerating evidence suppressed, knowing it would negate his case.

Our legal system needs to be examined and adjusted for the current times. However, the very people with the power to do so have the most to loose, which means it may take decades before changes are implemented.
 
2013-08-01 04:35:28 PM  

netweavr: The Clerk should be fired.

The inmates attorney should probably be disbarred as well, but the Clerk cannot take that kind of proactive action...

It's analogous to a check-in nurse changing your Rx. Sure, he/she may be 100% correct, but it's still cause for a terminatin'


You sir are technically correct.The best kind of correct.
 
2013-08-01 04:52:01 PM  
Magorn:
This often lead to the farce of me sending the person to the office of the volunteer attorney (when one was around-usually a freshly minted lawyer trolling for cases by doing a stint at the free advice desk) and then having that attorney call back to my office so I could tell them exactly what to say to the person I just sent there ...

Slick
 
2013-08-01 05:30:25 PM  

OgreMagi: If our legal system cared about justice, the original judge who denied the DNA motion would have allowed it based upon the intent and spirit of the motion.  Instead, we have a judicial system that only works if you know the proper incantations, which are normally only revealed to the special few who are accepted into their secret socieity (the Bar Association).  They protect their turf against the great unwashed masses and punish anyone who reveals their dirty secrets.


I can't speak for Missouri law specifically, but generally speaking, a lot of the "procedural roadblocks" that get in the way of criminal appeals are not placed there by lawyers/bar associations to protect the legal profession, but rather by "law and order" politicians seeking to make it more difficult to appeal criminal convictions.
 
2013-08-01 06:01:50 PM  

El_Perro: I can't speak for Missouri law specifically, but generally speaking, a lot of the "procedural roadblocks" that get in the way of criminal appeals are not placed there by lawyers/bar associations to protect the legal profession, but rather by "law and order" politicians seeking to make it more difficult to appeal criminal convictions.


I definitely agree.  Politicians get tired of all the lawsuits prisoners bring clogging up the system and costing money--never mind that the system generally gives them no other recourse to right wrongs.
 
2013-08-01 06:15:24 PM  

El_Perro: OgreMagi: If our legal system cared about justice, the original judge who denied the DNA motion would have allowed it based upon the intent and spirit of the motion.  Instead, we have a judicial system that only works if you know the proper incantations, which are normally only revealed to the special few who are accepted into their secret socieity (the Bar Association).  They protect their turf against the great unwashed masses and punish anyone who reveals their dirty secrets.

I can't speak for Missouri law specifically, but generally speaking, a lot of the "procedural roadblocks" that get in the way of criminal appeals are not placed there by lawyers/bar associations to protect the legal profession, but rather by "law and order" politicians seeking to make it more difficult to appeal criminal convictions.


Guess what degree 99% of politicians obtained in college.
 
2013-08-01 07:36:53 PM  
Ruskies writing baid things 'bout 'Murica; WHARGARBLGARBL!!!!
 
hej
2013-08-01 07:47:06 PM  

netweavr: The Clerk should be fired.

The inmates attorney should probably be disbarred as well, but the Clerk cannot take that kind of proactive action...

It's analogous to a check-in nurse changing your Rx. Sure, he/she may be 100% correct, but it's still cause for a terminatin'


No, this would be like a check-in nurse (whatever that is) seeing your Rx and making a point of telling you what they think is wrong with it and letting you question your doctor on your own.
 
2013-08-01 08:38:06 PM  

netweavr: The Clerk should be fired.

The inmates attorney should probably be disbarred as well, but the Clerk cannot take that kind of proactive action...

It's analogous to a check-in nurse changing your Rx. Sure, he/she may be 100% correct, but it's still cause for a terminatin'


No it isn't the same.  A nurse giving you the wrong prescription could potentially kill you.  Not true here.  This was just giving advice that the guy could take or leave.
 
2013-08-01 08:49:13 PM  

netweavr: You people realize she was still given her full pension, right?


That doesn't make everything cool and suggests to me that they knew what they were doing was below board.  Give her the pension in the hopes she would go away quietly and not sue.  Very unsettling to me that officers of the court would care more about their egos than the pursuit of justice.
 
2013-08-01 09:11:45 PM  

Pumpernickel bread: Very unsettling to me that officers of the court would care more about their egos than the pursuit of justice.


You've lived a sheltered life.  My mom's second husband was a DA for the city of los angeless.  What I learned was every single "officer of the court" cared only for his own personal prestige and power.  They spent half their time jockeying for position and trying to stick someone else with cases they knew they could not win but had to prosecute (for whatever reason).  Every single one that I met was a complete asshole who would sell out his own mother if he thought he would gain from it.  That included the asshole married to my mom (I was an adult on my own when she married him).
 
2013-08-02 02:08:45 AM  
The worst part?  She wasn't even supposed to be there that day.
 
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