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Looking At Wrongful Convictions

Jim Castle, President of the Colorado Criminal Defense Bar, had this to say in a letter to the editor in Friday's Denver Post on Colorado Governor Owen's criticism this week of former Illinois Governor George Ryan's granting of clemency to Illinois death row inmates:
Clouded by rhetoric

We should all be troubled, but not surprised, by Gov. Owens' Monday-morning quarterbacking of Illinois Gov. George Ryan's clemency decision for inmates on death row in Illinois prisons.

Gov. Owens correctly pointed out that we are a government of laws and not of men. Clemency was chosen for the very reason that men, and not laws, had manipulated the system in Illinois to bring about death verdicts. Nearly half of all inmates on death row in Illinois were represented by attorneys who were later disbarred or suspended. Seventeen men have now been released from Illinois prisons after having been exonerated after they spent 173 years in prison. A review of the Illinois cases also showed widespread use of torture to exact confessions and prosecutorial misconduct in a vast majority of cases.

Gov. Owens is wrong when he says that Gov. Ryan put his opinions above those of the jurors, citizens and legislators. The moratorium was supported by 70 percent of Illinois residents. percent of Illinois voters had grave concerns that there were innocent people on death row.

The jurors who voted for the death penalty never knew that evidence had been hidden, that a confession had been manufactured or that the defense attorney had failed to investigate when they issued many of the death verdicts. I am sure if one were to interview these jurors, they would be angry at the role they were forced to play in a system designed for injustice. Perhaps, however, Owens is right that politicians, who have rarely been linked with courage, may have opposed clemency.

That's why Gov. Ryan issued the clemency order. He couldn't trust the next politician to do the right thing. I guess it is not surprising that Gov. Owens was not a supporter of Gov. Ryan's decision.

The lesson for Colorado in the Illinois experience is that - unless police are closely monitored, procedures designed to increase death sentences are rejected and unless adequate funding for indigent defense is guaranteed - we, too can become the next Illinois. Hopefully this message will not be clouded in the web of rhetoric.
And from another Post reader,
[The] casual reader might believe Illinois' governor had seriously miscarried justice, when in fact the commutations resulted in penalties equal to the harshest imposed in most of western Europe and several states in the U.S. Our Gov. Owen's comments are also misleading in that he equates life without to the freeing from prison of felons. Righteous indignation aside, lifelong incarceration is far from a bleeding-heart alternative to murder by the state.
And in other news related to the Illiniois clemency decision, we recommend reading :

Blanket Commutations Leave Lawyers Scrambling about what may come next for those with commuted sentences who still have factual innocence or wrongful conviction claims to litigate, and Authorites Look At Wrongful Convictions , about Janet Reno leading off a three day conference that "brought prosecutors, lawmakers, police, educators and judges to look at ways to avoid convicting the innocent."
"We all share the same goal, making sure innocent people aren't convicted," said North Carolina Supreme Court Justice Robert Orr, a member of a new state commission studying how people sometimes are wrongly convicted and how to free them once new evidence proves their innocence.

Seattle Police Chief Gil Kerlikowske acknowledged pressure to arrest and convict in cases that receive a lot of publicity. "When you have a high-profile case, there's almost unlimited overtime," he said. "Police chiefs' careers rise or fall."

....The American Judicature Society, a Chicago-based educational and research organization, said DNA testing has shown that more than 100 people convicted of serious crimes were innocent. "DNA has shown unequivocally that we are convicting a lot more innocent people than we thought we were," Reno said.
This issue isn't going to fade into the wordwork. There will be pressure brought to bear on Governors and legislatures in other states to enact reforms. It's already happening in Ohio.
A group of University of Cincinnati law students will announce today that a little more than half of Ohio's death row inmates whose cases they reviewed don't meet death penalty criteria developed in Illinois.

At an 11 a.m. press conference, they will urge Gov. Bob Taft to halt executions until every case can be reviewed. The students, from UC's Urban Justice Institute, examined 173 of Ohio's 204 inmates on death row and determined 88 should not be put to death based on a list of criteria developed by an Illinois review panel.

"It is the belief of the authors of the study that Gov. Taft should issue a moratorium on the death penalty and appoint a commission to study the death penalty as Illinois did," Mr. Dodd said. "We're calling for the governor to make sure not one innocent person dies in Ohio."

We've only just begun.

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