Today it's in Missouri-- Lonnie Erby was freed from jail after serving 17 years of a 115 year sentence for crimes he didn't commit. He is now 49 years old. DNA evidence was not available at the time of his conviction. Thanks to the perserverence of The Innocence Project, DNA testing finally was done. Someone else --not Lonnie--raped three young girls....and got away with it.

Nationally, more than 300 men and women have been exonerated of crimes and released from prison as the result of DNA testing, the Innocence Project said. Testing has confirmed the guilt of some other inmates.

How do the exonerated fit back in society after so many years? With great difficulty. There's a new organization to help--the Life After Exoneration Program. They welcome contributions.

Exoneration ends the struggle of many men and women who have fought for years to prove their innocence. But it begins their struggle to survive on the outside. That struggle includes virtually every aspect of life - a job, a place to live, financial resources, a support system, and access to medical, psychological, and dental care. Because no services are provided to exonerees, they must face these overwhelming challenges alone. Many do not succeed. The Life After Exoneration Program was created to address the on-going injustices exonerees suffer in the aftermath of their release. Begun in 2003, LAEP is a nationwide project that appreciates the unique challenges facing the exonerated and provides services and resources to help this growing community of survivors of wrongful conviction re-enter society and rebuild their lives.

The program was started by Barry Scheck and Peter Neufeld, co-directors of the Innocence Project and Dr. Laurie Lola Vollen of the University of California, Berkeley. It is a non-profit project of the Tides Center.

The indefatiguable Howard Bashman of How Appealing is on a much deserved vacation. Howard has the premier appellate law blog in the country, making note of noteworthy appellate decisions and news as they come down. Law Professor Jeff Cooper, who has his own great blog, Cooped Up, is going to try to stand in for Howard over at Cooped Up. We're glad...we thought of doing it here but it's way, way too much work. To make matters worse, John Wesley Hall, who updates on fourth amendment law daily over at FourthAmendment. com is in the Hague this week.

We can't even have a good laugh about it because Skippy, who always at least gets a smile out of us, also is on vacation--he took Mrs. Skippy on an Alaskan cruise.

There's a lesson in here somewhere, like maybe we should give it a rest for a while, but we have lots of law work to do and since we have to work, we may as well blog. Besides, there aren't many prettier, more laid back places to be than Colorado, especially around Labor Day and the month of September when the aspen change. We're staying put.

Update: As we typed this, Skippy blogged in from Alaska, go read.

Meanwhile, Say hello to Autopsy Report, a new blog about autopsies--written by a medical examiner. Lawyers will find it pretty helpful. The blog's author likes the site Virtual Autopsy. [link via lawsites]

And check out Lisa English of Ruminate This who has the latest on the Zogby poll commissioned by the folks at DraftWesleyClark. Very interesting results.

Mother Jones has the latest on Orrin Hatch's scary Victory Act.

Utah Senator Orrin Hatch and four of his Republican cronies are out to make the word "narco-terrorism" a household term. Dan Eggen of the Washington Post reports that a draft of the Vital Interdiction of Criminal Terrorist Organizations Act (that's VICTORY as an acronym) would make broad changes to drug trafficking laws, allow for expanded FBI and local police wiretapping, and clamp down on a traditional Middle Eastern form of money transfer.

According to Ryan Singel at Wired News, a draft of the bill defines narco-terrorism as "the crime of selling, distributing or manufacturing a controlled substance with the intent of helping a terrorist group." Essentially, the Victory Act would make it easier for Ashcroft and his minions to charge drug offenders with aiding terrorists, and could potentially freeze the assets of a suspected offender.

Our view, including a description of the new act's provisions, is here.

The Idaho Statesman reports that county election boards have been denying ex-felons the right to vote--erroneously.

As city elections fast approach, county officials could be depriving untold numbers of felons from the ballot box by saying they can´t vote in Idaho. The fact is, people convicted of a felony in Idaho can vote once they´ve completed their sentence, unless they´ve committed treason. Yet it is generally assumed that felons are excluded from the voting booth.

But when The Idaho Statesman surveyed all 44 county election offices, almost a third got it wrong.

Here's the law, so if you know an ex-felon in Idaho, please get the word out:

The state constitution guarantees former felons the right to vote once their citizenship has been restored. State law says that happens once prison, probation or parole are complete for felonies committed in Idaho.

The law applies to those living in Idaho who have felony convictions in other states--if that state has restored their rights.

Generally, if a person has had their civil rights restored by another state, they can vote here, Ysursa said. A felony conviction does not affect a person´s ability to vote in Idaho, according to the U.S. Department of Justice.

The Ninth Circuit has ruled shrinks can't rat out their patients, even if the patient makes a dangerous or threatening confessions during therapy.

Although psychiatrists are sometimes required to report incidents to authorities that could lead to violence, an en banc panel ruled that prosecutors couldn't use testimony from doctors to help convict their patients.

"On balance, we conclude that the gain from refusing to recognize a dangerous-patient exception to the psychotherapist-patient testimonial privilege in federal criminal trials outweighs the gain from recognizing the exception," Judge Susan Graber wrote for the 8-3 majority.

"Although incarceration is one way to eliminate a threat of imminent harm, in many cases treatment is a longer lasting and more effective solution. A criminal conviction with the help of a psychotherapist's testimony is almost sure to spell the end of any patient's willingness to undergo further treatment for mental health problems."

Arnold is down in the latest poll, but maybe his new look will push him back into the lead. On a more substantive recall topic, here's how the candidates differ on social issues.

The San Francisco Chronicle reports today on hope for the Democrats as the recall momentum drops off a bit. The San Diego Union says latinos are pumped by Bustamente's run. The Mercury News compares Bustamente and Arnold in The Odd Couple.

We remain hopeful Californians will come to their senses and vote no on the recall.

Salon has an excerpt today from "My Heart Became Attached: The Strange Odyssey of John Walker Lindh. "

Salon contributor Mark Kukis retraces John Walker Lindh's footsteps from Yemen to Pakistan, a face-to-face meeting with Osama bin Laden, fighting with the Taliban, and his eventual dramatic capture by U.S. forces. The book is based on dozens of interviews with Lindh's ex-roommates, teachers, friends and government sources.

My Heart Became Attached
The Strange Odyssey of John Walker Lindh

by Mark Kukis

As of this posting, Amazon has only five left in stock.

Attorney General John Ashcroft takes his travelling road show to Boise Monday. Protests are expected. Idaho is not a Patriot Act-frendly state:

A group called the Boise Patriots is gathering at BSU's library tomorrow at noon to begin their protest. Members are also holding a press conference in front of Boise City Hall at 11:30am. The Boise Patriots had a booth at the Western Idaho Fair to gather petition signatures opposing the act.

The ACLU also opposes the Patriot Act saying it undermines our constitutional rights. Idaho Congressman Butch Otter agrees. He was the only member of Idaho's congressional delegation to vote against it. None of the state's four congressional members plan on attending the event, citing prior commitments.

Boise is also one of about 140 communities against the act. The Boise city council is considering a resolution opposing it.

Protests are also scheduled for Salt Lake City Monday:

Protests begin at the Little America Hotel, 555 S. Main St. in SLC on Monday August 25th at 9:30 am. Bring friends and bring signs. More signs.

For some good commentary on Ashcroft's road trip, check out Elaine Cassel's Brother John's Traveling Patriot Salvation Show, which begins:

In an unprecedented, desperate, and politically motivated move, Brother John Ashcroft has taken to the road. Setting up his tent in strategic cities to bring his Traveling Patriot Salvation Show to lost Americans. With apologies to Neil Diamond, "pack up the babies and grab the old ladies." But take 'em someplace safe, like an old-time religion tent revival, not Brother John's catechism on the USA Patriot Act.

Also check out Monday's New York Times editiorial, An Unpatriotic Act:

Attorney General John Ashcroft has embarked on a charm offensive on behalf of the USA Patriot Act. He is traveling the country to rally support for the law, which many people, both liberals and conservatives, consider a dangerous assault on civil liberties. Mr. Ashcroft's efforts to promote the law are misguided. He should abandon the roadshow and spend more time in Washington working with those who want to reform the law.

The Washington Post reports how former Priest John Geoghan died:

John J. Geoghan, the former priest and convicted child molester killed in a Massachusetts prison Saturday, was followed into his cell just after lunch by a fellow inmate who bound and gagged him before strangling him with a bed sheet, according to a union representative for prison guards.

The attacker, whom authorities identified as Joseph L. Druce, jammed the electronically operated cell door to prevent guards from opening it. He tied Geoghan's hands behind his back with a sheet and gagged him. He then repeatedly jumped from the bed in the cell onto Geoghan's motionless body and beat the defrocked priest with his fists.

Only one correction officer was on duty in the protective custody unit at the time, according to an account of the attack provided by Robert Brouillette, an executive of the Massachusetts Correction Officers Federated Union, who interviewed correction officers for seven hours Saturday.

The U.S. military has announced it is building a fifth prison camp at Guantanamo. Seems they need more space to hold detainees, and greater interrogation facilities.

Camp V will make room for 100 more detainees, increasing the capacity at the remote naval base in eastern Cuba to 1,100, Lt.-Col. Pamela Hart said in a telephone interview.

At least the "open-air, chain-link cells that some likened to animal cages" are gone, having been replaced by "trailer-style quarters where detainees have a metal bed, a sink, and flush toilets."

Meanwhile, preparations continue for possible military tribunals, with a courthouse and permanent detention centre for any convicts. The tribunals also have power to impose the death sentence but officials said they have not built an execution chamber, though they have plans for every eventuality.

Construction is underway, but the new facilities won't be ready until next year. Talk about planning ahead....

Remember the website "Turn Left", whose tag line was "the home of liberalism on the web"? Turns out it is no longer being updated and visitors are being directed to the daily blog of its webmaster, Mike Silverman. Silverman's blog, Red Letter Day, links to sites such as Little Green Footballs and U.S.S. Clueless. We couldn't identify any left-leaning blogs on its blogroll.

These were the issues addressed by the old Turn Left. We're sorry it's gone and feel somewhat cheated that it was maintained by someone who apparently did not believe in its core values.

Second Bump and Update: Several news sources reported the Souza-Baranowski Correctional Center in Shirley, MA where Geoghan was doing time and murdered is a medium-security state prison about 40 miles northwest of Boston. See also, this LA Times article.

Other news sources say it's one of the state's most secure prisons.

Which is it? There are two prisons in Shirley, MA, one medium security facility, and the Souza-Baranowski prison, which is maxium security.

The murder occurred at the Souza-Baranowski prison. So the LA Times got it wrong , as did the New York Times when they reported Souza-Baranowski prison in Shirley is a medium-security facility.

Here's some data on the Souza-Baranowski prison:

Officially opening on September 30, 1998, this 500,000 square foot, high-tech, maximum security facility consists of 1024 general population cells, 128 special management cells, and 24 health service beds....Incorporating one of the largest camera matrix systems in the country, 366 cameras record live 24 hours a day. (emphasis supplied by us.)

So let's see the tape. How did this happen? Where were the guards?

And where are the fact-checkers at the LA Times and New York Times?

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Bump and Update: The San Francisco Chronicle reports Geoghan was in protective custody. The inmate who allegedly strangled him was also in protective custody. So the prison apparently allows contact between prisoners in protective custody outside the presence of guards. That's a ridiculous policy--for someone like Geoghan, that's like feeding him to the sharks.

The alleged perpetrator, Joseph L. Druce, 37, was serving a life sentence for murder and armed robbery. "In 2001, Druce was charged with mailing a threatening letter containing white powder and indicating it was contaminated with anthrax. "

The prison where Geoghan and Durce were held was a medium security prison. Why was Durce, a murderer doing life, in a medium instead of a maxium security facility? Surely Geoghan was not the only convicted child molester doing time in that prison. Why wasn't he segregated with other child molesters or high profile inmates (like convicted cops) who need protection from other inmates instead of with a murderer? Why was Geoghan, who was only serving a 9 to 10 year sentence, put in the same place as a violent lifer?

We hope there is an investigation. We hope Durce isn't being framed. We hope there is a good explanation for why guards didn't prevent the attack--and that it doesn't turn out that they turned their heads.

Jails and prisons have cameras all over. The murder should have been captured on video. We hope it's preserved so the facts will come out.

Geoghan is survived by a sister. If she chooses not to sue, maybe someone will bring a class action on behalf of all Massachussets inmates in protective custody against the state Department of Corrections over inmate classification, designation and control procedures. It's tragic this happened to Geoghan. It should not be allowed to happen again.

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(original post, 8/23, 4pm)

Ex-Priest John Geoghan, serving a 9 to 10 year sentence for child molestation was killed in prison today. He began serving his sentence last year and was 67 years old.

We suspect Geoghan knew his sentence would be a death sentence when it was imposed. Child molesters are at the bottom of the prison barrel. We wonder why he wasn't in protective custody. He should have been.