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wrongfully convicted despite original DNA proving innoc... - 5/1/2012 8:29:15 AM   
defiantbadgirl


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Status: offline 		http://news.yahoo.com/wrongly-accused-colorado-man-set-free-16-years-000543186.html

"The original DNA analysis had already excluded him as the source of semen recovered from the crime scene and of scrapings taken from under the victim's fingernails."

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 8:36:26 AM   
thishereboi


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quote:

ORIGINAL: defiantbadgirl

http://news.yahoo.com/wrongly-accused-colorado-man-set-free-16-years-000543186.html

"The original DNA analysis had already excluded him as the source of semen recovered from the crime scene and of scrapings taken from under the victim's fingernails."


I didn't understand that either. I have heard that inmates convicted of rape have a much harder time in prison than someone convicted of a non violent crime. I can't imagine the hell he must have gone through for those 16 years. This is why I will never be for the death penalty.

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 8:38:38 AM   
DarkSteven


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Status: offline 		This article (http://www.denverpost.com/news/ci_20518191/new-dna-evidence-clears-robert-dewey-1994-grand) gives much more information. Evidently he was convicted due to a bloody shirt he unfortunately happened to have at the time he was interviewed.

It's shocking that he was convicted of murder based on nothing else. There's an inference that the jury was out for blood, and that the evidence wasn't suppressed, but that the jury simply convicted him on very little.

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 8:42:39 AM   
hlen5


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Status: offline 		He was very gracious in his exoneration.

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 9:25:46 AM   
Marc2b


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quote:

This is why I will never be for the death penalty.


I am in one hundred percent agreement with this. Emotionally, there are plenty of people who I think deserve to not only die for their crimes but to die slowly and painfully... but since the system, by its very nature, cannot be one hundred percent accurate...

I think people who advocate the death penalty, other harsh punishments and a "fuck his rights" philosophy fail to realize that a defendant's rights to due process and to not be subjected to cruel or unusual punishments are not just for the benefit of the defendant... they are for the benefit of all of us. They are so we do not have to suffer that god awful moment when we realize that we enthusiastically cheered the execution of an innocent.

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 9:31:02 AM   
Marc2b


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quote:

He was very gracious in his exoneration.


That makes him a much better man than I would be in his circumstances. I would be loudly and foully denouncing the prosecutors, the jury, and any and all smug, self righteous, dick heads who so much as wrote a letter to the editor saying nasty things about me. I would also be making it clear that I would not be shutting up until I was paid off for the sixteen years of life I was robbed of... and it wouldn't come cheap. I'd want several million at least... enough to buy some land in Alaska and build myself an isolated log cabin where I could stay away from the fucked up society that screwed me over.

But that's just me.

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 9:45:28 AM   
hlen5


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Status: offline 		Mmmmmmm, a snug log cabin, cozy fire, fresh air. Hopefully running water is included in the deal.

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 11:35:29 AM   
Karmastic


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From: Los Angeles
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quote:

ORIGINAL: DarkSteven

This article (http://www.denverpost.com/news/ci_20518191/new-dna-evidence-clears-robert-dewey-1994-grand) gives much more information. Evidently he was convicted due to a bloody shirt he unfortunately happened to have at the time he was interviewed.

It's shocking that he was convicted of murder based on nothing else. There's an inference that the jury was out for blood, and that the evidence wasn't suppressed, but that the jury simply convicted him on very little.

hmm, thanks very much for this. i wondered too but was too lazy to investigate.

seems like they didn't actually match the blood on dewey's shirt to taylor the victim. in summary, they fucked up the evidence, and the jury was hot to trot.

"Joffe had original samples of blood found on one of Dewey's work shirts in 1994 retested. At the time, the blood was thought to be that of 19-year-old victim Jacie Taylor. New DNA work showed it belonged to Dewey alone."

"A DNA specialist opined at trial that evidence linking the blood on Dewey's shirt to Taylor — and 45 percent of the Caucasian population — should never have been admitted."

"Evidence problems plagued Dewey's 1996 trial."

"Mr. Dewey's case seemed to be one where someone was convicted because a jury wanted to blame someone,"

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 1:44:57 PM   
Hillwilliam


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quote:

ORIGINAL: hlen5

He was very gracious in his exoneration.

I have a feeling he wasn't going to say squat until he was FAR FAR AWAY from the jail.

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 2:09:52 PM   
hlen5


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quote:

ORIGINAL: Hillwilliam


quote:

ORIGINAL: hlen5

He was very gracious in his exoneration.

I have a feeling he wasn't going to say squat until he was FAR FAR AWAY from the jail.


Good point!!

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 2:25:48 PM   
DaNewAgeViking


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Status: offline 		What ought to be done is to track down the judge, prosecutor and jurors, and show them the undeniable proof that they screwed up and what he went through as a result. If they have any humanity at all, that ought to be fitting punishment for them.

(in reply to hlen5)
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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 2:32:15 PM   
hlen5


Posts: 5890
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Status: offline 		I believe the original prosecutor apologized publically.

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 3:21:09 PM   
kalikshama


Posts: 14805
Joined: 8/8/2010
Status: offline
quote:

ORIGINAL: Marc2b

quote:

This is why I will never be for the death penalty.


I am in one hundred percent agreement with this. Emotionally, there are plenty of people who I think deserve to not only die for their crimes but to die slowly and painfully... but since the system, by its very nature, cannot be one hundred percent accurate...

I think people who advocate the death penalty, other harsh punishments and a "fuck his rights" philosophy fail to realize that a defendant's rights to due process and to not be subjected to cruel or unusual punishments are not just for the benefit of the defendant... they are for the benefit of all of us. They are so we do not have to suffer that god awful moment when we realize that we enthusiastically cheered the execution of an innocent.


Agreed.

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 4:01:38 PM   
DarkSteven


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Joined: 5/2/2008
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quote:

ORIGINAL: DaNewAgeViking

What ought to be done is to track down the judge, prosecutor and jurors, and show them the undeniable proof that they screwed up and what he went through as a result. If they have any humanity at all, that ought to be fitting punishment for them.



I'm sorry, but if they did their job to the best of their ability, the fact that justice was miscarried isn't their issue.

The prosecutor's job is to prosecute. He did the best he could with a weak case.

The judge has not been accused of any wrongdoing.

The jury might well have screwed up.

This case is VERY different from the famous Phil Masters case in which the prosecution suppressed evidence and perjured in court to obtain a conviction. In this case, it appears that the jury simply convicted based on weak evidence.

_____________________________

"You women....

The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 4:06:01 PM   
Karmastic


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From: Los Angeles
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quote:

ORIGINAL: DarkSteven
The judge has not been accused of any wrongdoing.

...

In this case, it appears that the jury simply convicted based on weak evidence.

sounds like he should be.

"A DNA specialist opined at trial that evidence linking the blood on Dewey's shirt to Taylor — and 45 percent of the Caucasian population — should never have been admitted."


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RE: wrongfully convicted despite original DNA proving i... - 5/1/2012 10:49:32 PM   
MasterSlaveLA


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quote:

ORIGINAL: Hillwilliam

quote:

ORIGINAL: hlen5

He was very gracious in his exoneration.


I have a feeling he wasn't going to say squat until he was FAR FAR AWAY from the jail.



...and CLOSE CLOSE to a lawyer -- lawsuit!!!



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RE: wrongfully convicted despite original DNA proving i... - 5/2/2012 12:14:00 AM   
tweakabelle


Posts: 7522
Joined: 10/16/2007
From: Sydney Australia
Status: offline 		These stories are always so heart breaking. We have had similar miscarriages of justice here, the most famous of which - the Azaria Chamberlain case, was made into the movie A Cry in the Dark, starring Meryl Streep.
It seems that sometimes juries and the judicial process are overcome by bloodlust and a desire to convict regardless of the evidence. I agree that these cases make a very compelling case against the death penalty. Marc2b's comment:
" so we do not have to suffer that god awful moment when we realize that we enthusiastically cheered the execution of an innocent"
captures my feeling perfectly. Who would want to live with that on your conscience?



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RE: wrongfully convicted despite original DNA proving i... - 5/2/2012 9:36:22 AM   
DarkSteven


Posts: 28072
Joined: 5/2/2008
Status: offline 		Updated info: Dewey was a meth-head and acted paranoid when interviewed.

There was more to convict upon than first stated.

_____________________________

"You women....

The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

Quit fretting. We men love you."

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RE: wrongfully convicted despite original DNA proving i... - 5/2/2012 9:49:10 AM   
SternSkipper


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quote:

I have a feeling he wasn't going to say squat until he was FAR FAR AWAY from the jail.


Yeah, imagine another 6 months for disorderly conduct and assault (albeit verbal) upon corrections officers.
What's truly awful for this guy is that even though he is exonerated, it'll always be drilled into his psyche for the rest of his life.


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(in reply to Hillwilliam)
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RE: wrongfully convicted despite original DNA proving i... - 5/2/2012 10:04:31 AM   
SternSkipper


Posts: 7546
Joined: 3/7/2004
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quote:

What ought to be done is to track down the judge, prosecutor and jurors, and show them the undeniable proof that they screwed up and what he went through as a result. If they have any humanity at all, that ought to be fitting punishment for them.


Why? The law indemnifies all three from consequence unless they execute their duties with malicious and criminal intent. While they were likely "out to get justice' for the victim, community, or whomever... I doubt they knew the defendant beforehand and set out to get him specifically.
It's unfortunate. And a lot of people go to jail because DA's have a hard-on. And just as many get plea bargained off what they should get because they're crafty, can afford good legal representation and the prosecutor is willing to deal away the safety of his jurisdiction to keep his conviction record clean in case he wants to run for something later on.


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