At the risk of sounding like a bleedin’
heart lib’rul, I cannot help but notice a rash of news from Texas that does not
reflect well on prosecutors.
First, another two Dallas County men have
been cleared of previous convictions thanks to advances in DNA evidence. That brings to 32 the number of men so
cleared of past Dallas County convictions.
Now it is a good thing DNA science has
advanced to make more clear the guilt or innocence of many. And the current Dallas Co. District
Attorney Craig Watkins is to be commended for being proactive in reversing past wrongful convictions which did not happen under his watch. May his tribe increase. And it is good that under Texas law, if
you have a conviction reversed and receive a declaration of “actual innocence,”
you are entitled to $80,000 for each year of wrongful imprisonment.
BUT if so many men in one county have had
convictions reversed, it makes one wonder just how many innocent people are
rotting in prison.
----
Just Northeast of Dallas, in Denton
County, one judge was so enraged by two prosecutors withholding evidence from the
defense, he has banned the two from his court, adding that they lack “the
innate intellect of a fifth-grader”.
Read more to get an idea of the displeasure of Judge Burgess and the
cause thereof.
----
Down in South Texas in Nueces County last
week was the sensational hearing on the infamous 2007 capital murder conviction
of Hannah Overton for allegedly poisoning her foster child . . . with salt.
Yes, the conviction was absurd and aided
by questionable and confusing instructions to the jury by Judge Longoria. Some jurors polled afterward indicated
they voted to convict because of supposed slowness of Overton to get medical
attention (But she wasn’t slow, and testimony last week indicated greater speed
probably would not have saved the boy anyway.), not because they thought she
intentionally and with malice and aforethought killed him. But by definition you have to have that
intent to convict for capital murder.
With evidence of prosecutorial misconduct
arising since, an appeals court ordered a hearing in Longoria’s court. In it, the 2007 prosecutor Sandra
Eastwood (since fired, thank God) did not come off
well. Testifying reluctantly under
a subpoena, many of her answers were of an “I don’t remember” variety. And a member of her 2007 prosecution
team, Anna Jimenez, frankly testified that she was so troubled by Eastwood’s
ethics that she complained to the District Attorney. Then there was this:
According
to Jimenez, Eastwood told her, “I will do anything to win this case.” Jimenez
also recalled Eastwood sending someone to spy on Hannah’s fellow church members
in order to determine what sort of defense strategy would likely be pursued at
trial. (Eastwood denied Jimenez’s allegations.)
“Her
behavior during the entire course of this trial was so—” Jimenez said, taking a
few moments to search for the right words, “—far out.”
I think that cuts to the core of the problem
with Sandra Eastwood and with too many prosecutors. They will “do anything to win” regardless of ethics, the
evidence or lack thereof, and justice.
Given the choice of laying a case aside when the evidence for guilt is
lacking or going for a scalp, they will go for a scalp. And if innocent people are sent to
prison . . . well defending them is neither their job nor their concern.
I wish I could say the current Nueces County
D. A. is not of this ilk. But Mark
Skurka’s office is fighting the effort to overturn Overton’s conviction.
Pamela Colloff’s reporting on this case has
been stellar. Recent posts from
her may be found here. And be sure to read her excellent Texas Monthly article on Hannah Overton.
I continue to pray for real justice for
Hannah Overton and all who are wrongfully imprisoned.
MORE: I forgot to mention that the
similarities between the Hannah Overton case and another wrongful conviction for alleged salt poisoning are remarkable and relevant.
1 comment:
The 32 cases you mention plus some more that were decided long ago such as Joyce A Brown and Lenell Geter were all under the auspices of Henry M. Wade. From the record the man was an overt racist because almost all if not all are black. He worked closely with police to distort and hide evidence that would have exonerated the people indicted. Henry Wade is retrospect was not a very good person.
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