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Another Innocent Man Freed in CT

A few days before Christmas, Miguel Roman received the best present imaginable: freedom from unjust imprisonment.

Superior Court Judge David P. Gold ... ordered a new trial and set aside the guilty verdict and 60-year prison sentence that had confined Roman to prison for a murder it now appears he did not commit. Loud applause followed the judge's order.

Prosecutors agree that DNA analysis (unavailable at the time of Roman's 1990 trial) points to another man as the likely murderer. Connecticut will certainly dismiss the charges against Roman, given that the other man has now been charged with the murder.

[more ...]

Roman's case is similar to that of another wrongfully convicted defendant in Connecticut, James Tillman.

The Tillman and Roman cases have disturbing similarities. Both men are members of minority groups, Tillman being black, Roman Hispanic. Both were ordinary working-class men, not professionals, men about whom it might have been easier for a jury to believe the worst.

This obnoxious Washington Times editorial makes an argument favored by death penalty supporters: there's no reason not to kill the five men on Maryland's death row because they're really guilty. We know this because they've been on death row for a long time. Of course, Tillman and Roman were thought to be guilty during the decades they rotted in prison until new evidence proved otherwise. The Washington Times' unwavering belief in the sanctity of guilty verdicts is unsupported by the reality of wrongful convictions.

Constitutions guarantee the right to trial by jury not because juries are considered infallible but because they are considered less likely to submit to government's tyrannical impulses. The prejudicial impulses of individual jurors are something else. So is carelessness — a juror's indifferent standard of reasonable doubt.

Connecticut needs to find out what went wrong in the prosecutions of Roman and Tillman.

[T]he Tillman and Roman cases should be investigated in detail, by or under the supervision of the General Assembly's Judiciary Committee, with transcripts studied and all the major participants interviewed, and with conclusions drawn and published for the criminal-justice system, the legislature and the governor, and the public to evaluate. Police and prosecutors may not be enthusiastic about such an undertaking but the damage to the system's credibility already has been done and it can be repaired only by a manifested desire to learn from these mistakes, if indeed anything can be learned.

One thing everyone needs to learn is evident from these stories: police and prosecutors routinely make mistakes, and citizens should be skeptical whenever they consider "proof" of a defendant's guilt.

< Monday Morning Open Thread | Sam Waksal's 9 Month Sentence Cut >
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  • Display: Sort:
    Absolutely, (none / 0) (#1)
    by eric on Mon Dec 29, 2008 at 10:45:02 AM EST
    as I said in another thread recently, there needs to be a LOT more skepticism in the jury.

    Skeptical jury (none / 0) (#2)
    by diogenes on Mon Dec 29, 2008 at 07:18:07 PM EST
    You don't read here how men tried for murder are acquitted by skeptical juries (or the case never gets to trial) on grounds of "reasonable doubt" and go out and commit more violent crimes.
    If, hypothetically, five innocent lives would be saved by using a less skeptical juries which would also falsely convict one person, would you do it?

    Of course not. (none / 0) (#3)
    by TChris on Mon Dec 29, 2008 at 08:08:36 PM EST
    The Constitution's Framers rejected that reasoning.  We can only speculate whether a guilty person who escapes conviction will commit another crime. We know that imprisoning the innocent offends our most cherished values. Liberty is a constitutional value of paramount importance, a right that cannot be taken without due process, including a rigorous standard of proof. Allowing convictions on mere suspicion might help the government protect us from future crime, but the Framers chose to protect liberty instead. The Framers understood that the government's ability to take away our freedom is a greater threat than unpunished crime.

    Parent
    if, (none / 0) (#4)
    by cpinva on Tue Dec 30, 2008 at 01:26:24 AM EST
    a frog had wings, he wouldn't bump his ass when he hopped.

    If, hypothetically, five innocent lives would be saved by using a less skeptical juries which would also falsely convict one person, would you do it?

    hypothetically, hypotheticals are a waste of time, and purely speculative. the founders recognized this, when writing the constitution. it requires that we deal in facts.

    Another Innocent Man Freed in CT (none / 0) (#6)
    by redrosesarered on Tue Dec 30, 2008 at 01:44:10 AM EST
    http://www.lp.org

    guardianshipabuse.blogspot.com

    MoveOn.com

    Unfortunately our Justice System in CT (as well as many states) is broken and injustices are more common than not.

    CT's Three Branches of Government are suppose to monitor each other but like many states, has collaborated and grown so Large by getting into the BUSINESS of providing services it cannot perform effectively, efficiently, responsibly with accountability as private industry that the State has become a Conglomerate with its own vested interests to maintain itself while CONTROLLING its infrastructure with State Contraacts for 'players' and using its Monitoring Agencies for regulating and egregiously fining their competitors. State Monitoring Agencies can not and do not regulate their own State Agency/facilities/affiliates due to nepotism, favoritsm, and political influence/connections allowiing for unproductively of its workers and profiteering for the affluently connected.

    The average wage earner and familys are being taxed into poverty; fined and forced to pay for State run programs to stay of jail because of more and more laws and when we can't pay, we go to jail while they give themselves free passes. Our prisons are FULL of the economically disadvantaged which disproportionate numbers of minorities.

    Our vulnerable citizens: the elderly, disabled and children with assets/settlements/inheritances are being stripped of all their rights, pulled away from their homes and familys and placed into facilities by Probate/Civil/Juvenile Courts through Guardianship/Attorneys who are cronies of Judges who preside over these courts w/o monitoring, checks and balances so they are free to deny civil rights, and due process of law for bias, favoritism, political influence and to protect the State's interests that these courts can turn themselves into Kangaroo Courts at will.

    Appellate Courts only review the decisions of the Lower Courts as it is 'expected' these Judges are fair and just in their decion making process and the time afforded to them to review all the evidence. these courts have the time ro review the evidence. However, this is NOT reality in today's civil courts.

    The Attorney Grievance Board is presided over by ATTORNEYS influenced by politics and profiteering that they give a 'nod' to the 'players' and sanction those that they chose. Maybe the sanctioned attorney filed a complaint; maybe the attorney didn't play 'the fence' or dupe their client in favor of the State. Many lawfirms in CT have State Contracts.  CT has a law preventing its citizens from obtaining an out of state lawfirm that would be 'uninfluenced' EXCEPT for the one time the Legislative Body passed a bill virtually overnight for ex-Gov John Roland who is the ONLY CT ex-felon to be given a job making Three times what he made as governor (on the books anyway). It typically takes Three years for a bill to become law in CT except when it benefits the State or its 'connected' elite.

    The Judicial Review Board is comprised of JUDGES and political appointees.  The review process is SECRET to protect the public the public's interest in the 'integrity' of the Justice System/Judges.  Only 1% of complaints get reviewed and these Judges more often than not are of public interest via the media. Maybe the Judge filed a complaint or didn't rule in favor of politics or the State Gov't. The Judge is simply retired and given all state benefits.  NO complaint is reviewed that is 'annonymous' preventing anyone from the Judicial System from filing complaints out of fear they will be retaliated against. ASK any whistleblower in CT to KNOW how egregious these retaliations really are: criminal acts result in injuries, 'accidents' and even Death.

    Ours is NOT a free society and it is expected to become worse with a State RUN: Universal Health Care Plan with incentives for doctors to cut health care costs; proposals for a Medical Malpractice Board similar to Attorneys; with Better Lifestyles Plan of care that will be the patient's obligation to follow or benefits will be cut and doctors/practitioners will have no responsibility for outcomes; with a Medicare universal system that takes months to get appointments for specialists, reduced treatments, an no options when the dollars run out; with supplemental plans that will be affordable only to the wealthy. This is the ANSWER to the baby boomer numbers that is expected to CRUNCH health care dollars in the near future; more and more Guardian/Attorneys/Conservatorships and the 'golden years' will be a term of 'the good ole days'.  

    Citizens need to ADVOCATE for a Universal Health Care Plan (it is imminent) for quality care and affordability for all BUT these dollars MUST not flow through the troughs of State Governments, they MUST go directly to the recipient.

    Advocate for State Governments to CUT State Jobs starting at the TOP in State Agencies.  

    Advocate for NEW Whistleblower Agency's in every State with INDEPENDENT authority and subpeona powers under the Regulatory Body of the Federal Agencies that function to provide REAL protections, REAL assistance, and REAL relief for whistleblowers.  This will send a STRONG message to State Employees that they do not have to 'look the other way', 'go along to get along', take bribes: promotions and benefits to cover up improprieties/corruption that protects MANAGEMENT jobs.  

    New laws that make white collar crimes ENFORCED
    with REAL consequences; aka, prison time and monetary retribution to victims like the average citizen must do.  State Employees convicted of criminals acts loose their state benefits and are prevented from holding any public office again.

    Work to return State Governments back to the Constitution by petitioning your Legislators to get Government back to doing what it is suppose to do: monitor and regulate and give BUSINESS back to the Infrastructure.  PICKET if we get no
    effective results.  Call for the IMPEACHMNET of the Governors who don't cut State Jobs from the TOP. Hold your Legislators RESPONSIBLE especially those who are members of the Judicial Committee; The Elderly Protections Committees; the Health and Human Servies Committes; The Childrens and Family's Committes; the Appropriations Committees.

    Vote for the LIBERTARIAN party OR never, never vote for an INCUMBENT, get NEW faces in the Legislature. Monitor the Legislative bills, see who is ammending them and for what purpose:Lobbists, etc, see how they VOTE, don't be 'sucked' in by the Public Personas. Become ProActive in your State Governments and we the PEOPLE can take back our Government. Our forefathers gave their lives so WE and our children could be FREE; the least we can do is work together for CHANGE.

    "VICTIMS" of State Government INjustices, send your EVIDENCE to the appropriate FEDERAL Agencies.