home

The Death Penalty and Wrongful Convictions

By TChris, Section Death Penalty
Posted on Fri Jun 09, 2006 at 08:17:41 AM EST
Tags: (all tags)
Share This: Digg! StumbleUpon del.icio.us reddit reddit

by TChris

Ben Affleck and Matt Damon will play two lawyers in a movie that dramatizes the wrongful conviction and eventual exoneration of John Thompson. The case may convince viewers, as it did this Philadelphia columnist, that the risk of wrongful conviction is too great to justify death as a penalty.

If you're on the fence about capital punishment, as I have been - vacillating between horror at the growing number of death-row inmates who turn out to be innocent, and rage at the brutal killers responsible for the daily carnage in our streets - this case may settle the issue for you. It did for me.

The case against Thompson seemed clear. He was found with the victim's ring and the murder weapon, making it easy for the police, prosecutors, and the jury to jump to the conclusion that Thompson was the killer.

The lawyers' investigation revealed everything from prosecutorial misconduct to juror intimidation, from concealed evidence to eyewitnesses who never were called to testify.

The disturbing revelations made it clear that the lawyers weren't dealing with a man who just deserved a new trial, but with an innocent man who deserved to be freed.

Thompson, it turned out, had bought the weapon and ring to fence from the real killer.

Still, the recalcitrant court system dealt them one agonizing setback after another until they won a retrial in 2003.

Thompson was acquitted and freed after 18 years in prison. He's now married and has lived a law-abiding, productive life in New Orleans ever since.

< Special Prosecutor to Investigate Misconduct of Former Prosecutors | Specter Flip-Flops (Again) >

  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


    • Display: Sort:
    The Death Penalty and Wrongful Convictions | 9 comments (9 topical)
    Re: The Death Penalty and Wrongful Convictions (none / 0) (#1)
    by jen on Fri Jun 09, 2006 at 09:13:27 AM EST
    What has the actual killer been up to in the last 18 years?

    Re: The Death Penalty and Wrongful Convictions (none / 0) (#2)
    by Patrick on Fri Jun 09, 2006 at 12:52:11 PM EST
    I guess buying a ring stolen during a murder and the weapon used made him
    an innocent man who deserved to be freed.
    Seems like an accessory to me. Part of the risks of being a fence. 18 years sounds about right.

    Re: The Death Penalty and Wrongful Convictions (none / 0) (#3)
    by Abdul Abulbul Amir on Fri Jun 09, 2006 at 07:24:59 PM EST
    "If you're on the fence about capital punishment, as I have been - vacillating between horror at the growing number of death-row inmates who turn out to be innocent, and rage at the brutal killers responsible for the daily carnage in our streets -" I am unconfortable with the number of additional murders committed by those serving life sentences. Each of those murdered could have been saved had the murderer been put to death.

    Re: The Death Penalty and Wrongful Convictions (none / 0) (#4)
    by Scrutinizer on Sat Jun 10, 2006 at 10:38:52 AM EST
    Patrick- Receiving stolen property isn't the same thing as being an accessory, and Thompson was, in fact, innocent of the crime of which he was convicted. But I'm really impressed by your sense of proportionality---why don't we just cut off jay-walkers' feet? That'll keep those pesky people off the street! Abdul-
    I am unconfortable with the number of additional murders committed by those serving life sentences. Each of those murdered could have been saved had the murderer been put to death.
    I'm a little confused---how are those additional murders being committed, if the murderers are serving life terms? Seems as if they are already in jail, if they are serving life terms. (Somehow I doubt that you worry too much about prisoners killing other prisoners.) If we incarcerate people who commit first degree murder for life without parole, doesn't that keep them from committing murder on the street? More importantly, doesn't it keep them alive if we find that they really didn't commit the crime for which they were convicted?

    Re: The Death Penalty and Wrongful Convictions (none / 0) (#5)
    by cpinva on Sat Jun 10, 2006 at 01:49:09 PM EST
    scrutinizer, you're being very unfair to patrick and abdul, confusing them with facts.

    Re: The Death Penalty and Wrongful Convictions (none / 0) (#6)
    by Abdul Abulbul Amir on Sat Jun 10, 2006 at 06:28:34 PM EST
    "I'm a little confused---how are those additional murders being committed, if the murderers are serving life terms? Seems as if they are already in jail, if they are serving life terms. (Somehow I doubt that you worry too much about prisoners killing other prisoners.)" Prisoners serving life kill other prisoners with unfortunate regularity. The 70+ dude in California in the news recently that was described as too old for the death penalty to be carried out was serving life when he had a contract killer murder three of the witnesses against him from the first trial. The trials for those additional murders resulted in the death penalty. The idea that a life sentence eliminates the the possibility of additional murders is sadly mistaken.

    Re: The Death Penalty and Wrongful Convictions (none / 0) (#7)
    by jen on Sat Jun 10, 2006 at 08:32:05 PM EST
    The idea that killing the wrong man will prevent the actual murder from continuing to kill isnt that bright either. The reason for LWOP is to prevent mistakes, like the one in the post.

    Re: The Death Penalty and Wrongful Convictions (none / 0) (#8)
    by Johnny on Sun Jun 11, 2006 at 01:48:13 AM EST
    Once again, the profound difference between the state killing innocent people and citizens killing innocent people escapes the grasp of the wrong winger hordes.

    Re: The Death Penalty and Wrongful Convictions (none / 0) (#9)
    by Abdul Abulbul Amir on Sun Jun 11, 2006 at 06:28:09 PM EST
    "Once again, the profound difference between the state killing innocent people and citizens killing innocent people escapes the grasp of the wrong winger hordes." I grasp the difference of innocents killed by state acts of commission and state acts of omission. I excuse neither. Why you would reject the policy choice that results in the deaths of the fewest innocents is hard to understand.

    The Death Penalty and Wrongful Convictions | 9 comments (9 topical)