Free Larry Peterson
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.
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