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DNA frees man who spent almost 23 years in prison for rape
The Associated Press ^ | April 16, 2008 | Jeff Carlton

Posted on 04/16/2008 7:28:06 PM PDT by Strategerist

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To: KoRn

“I hope the guy sues the hell out of the woman who accused him and the prosecutor who put him in jail.”

People can make honest mistakes. The problem is with the judge and jury. “Beyond a reasonable doubt” really needs to mean that, not just “he probably did it”. And every jury needs to be instructed on the fallibility of eyewitness testimony, which is much less reliable than physical evidence.


61 posted on 04/16/2008 8:11:23 PM PDT by devere (http://www.usmm.net/p2/thiswar.jpg)
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To: tear gas
These things have a way of balancing out in the long run.

Yeah, I agree. You've been free to spout bullshit and been a free citizen at least 20 years. We should lock your stupid ass up 20 years just because...you're probably guilty of something.

62 posted on 04/16/2008 8:11:34 PM PDT by Malsua
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To: Strategerist

People get railroaded when they have a prosecutor who is more interested in publicity than justice. I couldn’t imagine spending 23 years of my life in prison because a prosecutor wanted to make a name for himself. The punishment should be severe for a prosecutor or expert witness who lies and cheats to win a conviction.


63 posted on 04/16/2008 8:11:47 PM PDT by peeps36 (Politician = Corrupt Degenerate Loser = Ted, Nancy, Barry, Jack and Many More)
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To: MrB

“Wrongfully freed” What in the world could you mean. Do you mean:

1. People who are paroled and commit crimes. The solution to this is parole reform not keeping innocent people in prison.

2. People who serve out their sentence and commit other crimes? Was the original sentence too light, then you want sentencing reform. If the orginal sentence was right, then the person did their time and get their freedom.

3. Or are you arguing guys like this should not be freed? If so you are completely lost.


64 posted on 04/16/2008 8:12:46 PM PDT by JLS
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To: MrB

“Wrongfully freed” What in the world could you mean. Do you mean:

1. People who are paroled and commit crimes. The solution to this is parole reform not keeping innocent people in prison.

2. People who serve out their sentence and commit other crimes? Was the original sentence too light, then you want sentencing reform. If the orginal sentence was right, then the person did their time and get their freedom.

3. Or are you arguing guys like this should not be freed? If so you are completely lost.


65 posted on 04/16/2008 8:12:58 PM PDT by JLS
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To: Krankor
And almost every sexual assault case HAS DNA evidence. They used to use Rh factor, before DNA. Rh factor was exculpatory.

The barstids that stole my knife case didn't leave (currently) tracable DNA, but I wasn't raped, either.

66 posted on 04/16/2008 8:13:52 PM PDT by JRandomFreeper (Bless us all, each, and every one.)
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To: JRandomFreeper

As a woman who has been sexually assaulted twice and raped once - I agree with you 100%.


67 posted on 04/16/2008 8:14:29 PM PDT by SatinDoll (Desperately desiring a conservative government.)
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To: Malsua
You've been free to spout bullshit and been a free citizen at least 20 years. We should lock your stupid ass up 20 years just because...you're probably guilty of something.

You seem to have trouble discussing this case rationally.

If your thoughts are as filthy as your speech, then I won't be surprised if you wind up in a prison yourself. Think about it. Maybe that's what happened to the guy in this case.

Try to purify your speech and then try to purify your thoughts. If you start being more careful about what you do and what you think, you won't wind up in prison like this guy.

Unless you're really unlucky, of course.

68 posted on 04/16/2008 8:17:37 PM PDT by tear gas (Because of the 22nd Amendment, we are losing President. Bush. Can we afford to lose him now?)
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To: Strategerist

This is wonderful. I think we owe it to the victim, the wrongly convicted, and ourselves to make this a National Program.


69 posted on 04/16/2008 8:17:54 PM PDT by papasmurf (Unless I post a link to resource, what I post is opinion, regardless of how I spin it.)
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To: tear gas
There is no such thing as an "innocent" man. He may not have been guilty of this crime, but we're all guilty of doing things or at least thinking things that are wrong. Maybe he just wasn't punished for the right wrong, but it still might be right that he was punished. At least it wasn't wrong in that sense.

Are you saying that you have done something that is so bad that if convicted, wrongly, of some crime that you would deserve 27 years in the slammer and take it without complaint? I thought I had seem some stupid a** comments on FR but yours pretty much takes first prize for stupidity.

70 posted on 04/16/2008 8:18:19 PM PDT by calex59
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To: SatinDoll
Just defense of liberty, my lady. And regard for my daughters, whom I taught to fight bullies, of whatever gender.

My regards on your situation, and hope you are well out of it.

I remain,

/johnny/

71 posted on 04/16/2008 8:18:44 PM PDT by JRandomFreeper (Bless us all, each, and every one.)
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To: Strategerist
‘”I know God forgives, so hey, I've got to forgive, too,” McGowan said. “It's not going to benefit me to be harboring anger or resentment.”’

Sir, your a better man than me.

To be locked away, put in the presence of danger in prison, subjected to the administration of the state and haven taken away your rights. Indeed. You are a better man than me.

God bless you, and I hope your future is better than your past.

In this amazing universe, everything happens for a reason.

72 posted on 04/16/2008 8:20:13 PM PDT by BGHater (It's easy to be brave from a distance.)
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To: JRandomFreeper
"The great Republican Lawyer, Abraham Lincoln, said that it was better that 100 guilty go free than one innocent man be jailed."

IMO only....I'd rather the 100 be in jail....

100 animals on the street causing havoc is in reality a much worse outcome for society than 1 innocent man in jail...

for the record, I don't trust the police or attorneys to work for justice...they work for and "end"....period...

73 posted on 04/16/2008 8:20:58 PM PDT by cherry
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To: calex59
I think there was only one "innocent person" and we executed Him two thousand years ago. I'm sure you've either committed crimes or thought about committing crimes and so I don't think there would be anything really UNJUST about any imprisonment you might experience.

Clean up your thoughts and then come back and we can talk about a Pardon for you.

74 posted on 04/16/2008 8:21:57 PM PDT by tear gas (Because of the 22nd Amendment, we are losing President. Bush. Can we afford to lose him now?)
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To: Strategerist
From the Innocence Project website..........

The victim in McGowan’s case initially viewed a live lineup with three men who police thought might be suspects in the crime and three “fillers.” She did not identify any of the men as her attacker. Later, she was shown a photo array with seven photos – but there were effectively only three photos in the array, since two of them were photocopies of photographs, one was a black-and-white photo (all the others were in color), and one was marked “Garland Police Department” (while the remaining three were marked “Richardson Police Department,” which is where the crime took place). The victim said she “thought” the man in one of the three photos was her assailant, and the police officer administering the lineup told her “You have to be sure, yes or no.” When she testified in court, the victim recounted the officer’s instructions: “He said if I was going to say it was somebody, if I was going to say it was that picture, I had to be sure. He said I couldn’t think it was him. He said I had to make a positive ID. I had to say yes or no.” After hearing the officer’s instructions, the victim said the man in the photo – Thomas McGowan – was “definitely” the man who attacked her. The victim’s identification of McGowan was the central evidence against him.

And........

Before his arrest, McGowan graduated from Ryder High School in Wichita Falls, Texas. His photo was in the police system because of a minor traffic violation.

75 posted on 04/16/2008 8:21:58 PM PDT by hole_n_one
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To: Strategerist
there is always someone who points out with certainty that that person, any person who is plausible, will pay for my pain. She did not care that someone would go to jail for 23 years even if he did not commit a crime. She needs to slaughter someone, anyone. And by doing so the real attacker goes free and an innocent man lives a nightmare.
76 posted on 04/16/2008 8:22:28 PM PDT by poinq
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To: JRandomFreeper

Actually, it’s Blackstone’s formulation (also known as Blackstone’s ratio or the Blackstone ratio) that states the principle...”better that ten guilty persons escape than one innocent suffer”.


77 posted on 04/16/2008 8:22:52 PM PDT by papasmurf (Unless I post a link to resource, what I post is opinion, regardless of how I spin it.)
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To: hole_n_one

Unreal.


78 posted on 04/16/2008 8:24:12 PM PDT by BGHater (It's easy to be brave from a distance.)
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To: Strategerist
“Barry Sheck and the Innocence Project are a bunch of Commie Pinko Liberals.”

Please, no strawmen. If you watched any of the Simpson trial you are well aware of Mr. Sheck’s trustworthiness on the question of guilt or innocence.

If someone says and does whatever he can do free one guilty person (Simpson), he may do it again.

I have no evidence, or reason to believe any fraud has take place. I am simply inquiring about the precautions being used to make certain there is none.

Given the fact that cases like this one are used as arguments against the death penalty and the fact that there many people vehemently opposed to the death penalty, it is not “paranoid” or foolish to want to make sure there is absolutely no possibility of fraud.

79 posted on 04/16/2008 8:24:15 PM PDT by Jonah Johansen ("Coming soon to a neighborhood near you")
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To: tear gas

ROFL. You’re some kind of fundy nutcase.

Got 4 wives do ya? Eat Ice Cream and speak platitudes while you fantasize about unspeakable acts with the neighbor girl....or worse, the boy?

Don’t judge me nutter. I’m quite successful, and I don’t need any purification. That’s only for nutcases like you.


80 posted on 04/16/2008 8:25:36 PM PDT by Malsua
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