A Second Kick at Jimmy Lee Page
There was so little evidence linking Jimmy Lee Page to a 1987 double homicide in Texas that jurors shook Page's hand and congratulated him after he was acquitted. Despite the acquittal, Page went back to prison. He was on parole for an unrelated homicide, and parole officials, unconstrained by the need for proof beyond a reasonable doubt, decided on the basis of a police detective's testimony that Page was guilty. His parole was revoked and he's been in prison ever since.
Seems unfair that a single governmental employee can negate the judgment of a unanimous jury, doesn't it? It is, but it happens all the time.
Last year, 91 Texas parolees were returned to prison after being charged with a new crime, even though the charges against them were later dropped or they were acquitted in court.
Although the Supreme Court required parole revocation hearings to provide at least rudimentary due process, the liberty of a parolee is viewed as "conditional," and it can be taken away (without a jury trial) if the government proves that the parolee probably violated a condition of parole. The right to confront a witness is essential to a fair trial, but confrontation is often limited or nonexistent at revocation hearings.
That no witness with firsthand knowledge of the crime testified during Page's revocation hearing didn't trouble the Texas authorities who revoked his parole. Nor were they troubled by the absence of physical evidence linking Page to the crime. While a victim of the attack had identified Page, he identified two other individuals at other times. The police detective who testified was certain of Page's guilt, and that seems to have been all the evidence that was needed.
And so Page sits and waits, having been denied parole a dozen times in the last twenty years, and wonders what his acquittal is worth.
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