Truth in Justice Newsletter - February - March, 2005
Ken Richey's Death Penalty and Conviction Tossed
The American Dream that Died in a Death Row Cell
More About Kenny Richey's Case
Colombus Grove, Ohio
Complete transcript of Frontline Scotland'sKilling Time profile of Kenny Richey's case!
Martin Soto-Fong and the DA with Killer Instincts [pdf format]Last year, former Pima County, AZ DA Kenneth Peasley was disbarred for intentionally presenting false evidence in death-penalty cases—something that had never before happened to an American prosecutor. In a 1992 triple-murder case, Peasley introduced testimony that he knew to be false; three men were convicted and sentenced to die. Peasley was convinced that the three were guilty, but he also believed that the evidence needed a push. According to the Death Penalty Information Center, since the mid-nineteen-seventies a hundred and seventeen death-row inmates have been released. Defense lawyers, often relying on DNA testing, have shown repeatedly how shoddy crime-lab work, lying informants, and mistaken eyewitness identifications, among other factors, led to unjust convictions. But DNA tests don’t reveal how innocent people come to be prosecuted in the first place. The career of Kenneth Peasley -- and the case of Martin Soto-Fong -- do.
Students at the Texas Innocence Network have uncovered new evidence, never presented at trial, that death row inmate Anthony Graves was not involved in the 1992 slaying of six people. The students believe Graves would be acquitted if he were retried. But this is Texas, the state has what it wants -- a conviction -- and despite grave prosecutorial misconduct, U. S. Magistrate Judge John Froeschner thinks Anthony should keep his appointment with the executioner.
There's a reason adolescents are overrepresented in every form of reckless behavior. Sometimes they lack the judgment, the impulse control, the maturity and the character to resist harmful peer pressure. Every parent knows this. So do most legislators. That's why young people are prohibited from serving on juries, voting, marrying, serving in the armed forces and drinking. The U.S. Supreme Court now knows this, too. In a landmark ruling Tuesday, the court found that it is unconstitutional to put to death those who were under age 18 at the time of their crime. A 5-4 majority of justices acknowledged what common sense already tells us: Adolescents inherently are different from adults.
Florida (but could be anywhere in the US): James Faller claimed innocence in a complicated loan fraud from the time he reported it to Florida regulators more than 10 years ago, when he tried to explain it to an FBI Agent, when he was indicted, tried, convicted and sentenced to prison. Along the way he infuriated federal prosecutors by making hundreds of allegations of misconduct at virtually every stage of his prosecution in the $3.6 million fraud because, he claims, they got the wrong guy. They'll Get You if You Tick Them Off
Illinois and Missouri: A federal jury has awarded nearly $6.6 million in damages to former Chicago police Officer Steven Manning, finding two veteran FBI agents framed him for a Cook County murder that put him on Death Row. The jury also held that one of the FBI agents also framed Manning in a Missouri kidnapping case. Manning spent 14 years in prison before both convictions were overturned and the prosecutions were dropped. Framed by FBI
Wisconsin: The current DA in Winnebago County is conducting a secret John Doe investigation into the conduct of Vince Biskupic and his friend and mentor, Joe Paulus, when they controlled the prosecutor's offices in Winnebago and Outagamie Counties. He calls their actions in the cases they made against Mark Price "an abuse of the justice system of the worst kind."
More Bite Mark Baloney Jeffrey Moldowan, who spent 12 years in prison before winning a retrial and acquittal in a Warren rape case, has sued the victim, the police, a trial witness and Macomb County prosecutors. The witness is Dr. Alan Warnick, whose bogus bite mark testimony railroaded an innocent man.
Gunshot Residue This evidence, used for years in thousands of investigations, is not as clear-cut as it has often been portrayed in court, or in the television crime dramas that have made forensics popular. Across the country it is under increasing scrutiny as defense attorneys, prosecutors and police officials evaluate how easily suspects' hands can be contaminated by other items already covered in gunshot residue: handcuffs, car seats, even police officers themselves.
Digital Fingerprint Identification The Chicago Tribune has found that the same digital technology that has allowed the FBI to speed fingerprint checks so dramatically has created a new risk -- in an already subjective and non-scientific field -- of accusing the innocent.
False Allegations of Child Abuse
Unfounded Physical Abuse AllegationsThe Darke County, Ohio prosecutor has said he is closing the homicide investigation into the death of 5-year-old Daniel Crow Jr. because a rare genetic disease may be the cause of the boy's death, not abuse. It's too late for the rest of the family. Their other children were seized by the state and adopted by other families. Officially Sanctioned Abuse
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