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Innocence and DNA: Contrasting Cases

TalkLeft called attention to Clarence Elkins's wrongful conviction in 2005, while he was still serving time for a rape and murder he didn't commit. Elkins was able to obtain cigarette butts from the man he believed to be the real killer, Earl Mann, after Mann joined Elkins in prison while serving a sentence for a different crime. DNA testing made Mann a strong suspect in the murder.

Since then, Elkins obtained his freedom as well as a million dollar award for the seven years he served for his wrongful conviction. Yesterday, Mann entered a guilty plea to the rape and murder in exchange for the state's agreement not to pursue a death sentence. As for Elkins:

"I'm just glad that I can call it over," Elkins said after the plea hearing.

Elkins was lucky that DNA evidence from the crime scene had been preserved, and that he was able to obtain Mann's DNA. Less fortunate is Alphonso James, who may be innocent but can't rely on DNA testing to prove it. [more ...]

James was charged with and later convicted of the 1985 strangling death of 54-year-old Del Pascavis. ... Key to the case was a confession James signed in four different places with the understanding that if he signed he could go home. James did not write the confession, and James could not read. There was no attorney or parent present for the underage boy. Reasonable doubt was never established, his backers argue. ...

The [Innocence Project] believed DNA evidence would prove James' innocence, but DNA from the case was allegedly improperly stored and could not be tested. There neither is or ever was DNA evidence that pointed to James as the murderer.

Frequent exonerations by DNA should be a wake-up call to the criminal justice system. Even when juries find guilt beyond a reasonable doubt, they are often wrong. No conviction should be based on a "confession" signed by a minor who can't read and who was promised he could go home if he just signed the paper. The state's failure to preserve DNA evidence should be reason enough, under these circumstances, to free Alphonso James.

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    Alphonso James (none / 0) (#1)
    by 1foraj on Sat Aug 23, 2008 at 11:53:28 PM EST
    Thank you for bringing some awareness to Alphonso's Story.  He remains in great spirits that the wheels of the justice system will speed up and work in his favor.  The time for him to come home is way over due.

    I guess the question is: With all of the inconsistencies in Alphonso James case, why is he still in prison?  This is a question that when asked is answered with, "The justice system is complicated and moves slowly". While the "wheels" are moving slowly an innocent man remains in prison....23 years is long enough.