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Free Larry Peterson

By TChris, Section Innocence Cases
Posted on Thu Jul 28, 2005 at 07:26:46 AM EST
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by TChris

With good reason, prosecutors aren't opposing Larry Peterson's motion for a new trial. Peterson was convicted of rape and murder, but new DNA testing proves that semen in the victim's body and skin beneath her fingernails didn't come from Peterson. And hair found on the victim's body that the prosecutors claimed to be Peterson's actually belonged to the victim.

Great news for Peterson? Not necessarily. The prosecutor has indicated that he will ask the judge to set bail for Peterson within standard guidelines, which could mean bail of $250,000 or more. If the judge sets bail that high, Peterson's family won't be able to afford it, and Peterson will remain in jail - exonerated and still incarcerated.

What good is the mountain of DNA evidence supporting Peterson if the practical effect of setting high bail is to deny him his freedom?

Why is this happening? The explanation is both simple and common:

Asking for standard bail in this case would be one more signal that prosecutors still cannot admit they made a mistake.

There's little chance that Peterson's case will actually reach a jury a second time. After all, the physical evidence all points away from Peterson. So why should he remain behind bars until the prosecution reaches the inevitable conclusion that the charges against him must be dismissed?

If the prosecutor persists in his posturing on bail, the judge must find it in his discretion to disregard such a callous stance and to release Peterson on his own recognizance. The extraordinary circumstances of this case call for extraordinary compassion. Somebody in authority in the legal system must at long last have the courage and honor to free Larry Peterson.

< Eyewitness Errors Lead to False Arrests | GAYSROK in Utah >

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    Free Larry Peterson | 4 comments (4 topical)
    Re: Free Larry Peterson (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:43 PM EST
    The prosecutors may be legitimately concerned about potential liability for them and their office, particularly if Peterson can show there was misconduct. The article doesn't say much about the case put on by the prosecution. But it has to be a consideration. It still doesn't justify trying to keep this poor man locked up. This looks to be as clear cut an exoneration as we see. Shame on them.

    Re: Free Larry Peterson (none / 0) (#2)
    by jen on Sat Dec 17, 2005 at 01:01:43 PM EST
    Isn't keeping him in jail after the DNA evidence rules him out misconduct enough for a lawsuit?

    Re: Free Larry Peterson (none / 0) (#3)
    by wishful on Sat Dec 17, 2005 at 01:01:44 PM EST
    "...one nation under God...with liberty and justice for all."

    Re: Free Larry Peterson (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:44 PM EST
    Having been wrongfully prosecuted myself I feel many prosecutors are simply educated criminals themselves whom are very big on protecting themselves. Trying to bring a case forward against a prosecutor is extremely difficult.

    Free Larry Peterson | 4 comments (4 topical)