Another One...

[dukkillr]

By Marice Richter

FORT WORTH, Texas, Feb 12 (Reuters) - The first person in the United States to be exonerated posthumously on the basis of DNA evidence received a lasting tribute in his home state of Texas this week.

State officials and the family of the late Tim Cole unveiled the first Texas historical marker dedicated to an exonerated convict, located in a Fort Worth cemetery a few feet from the grave where Cole was buried in 1999.

Governor Rick Perry issued Texas' first posthumous pardon to Cole in 2010, over a decade after he died from complications from an asthma attack while serving time in prison for a rape he did not commit.

"We finally have something visual that people can see to remember Tim," Cory Session, Cole's brother, told Reuters. "We are very pleased and grateful that Tim's life and legacy will not be forgotten."

Post-conviction DNA testing has exonerated nearly 290 people in the United States since 1989, including 17 death row inmates, according the Innocence Project, which works to reverse wrongful convictions. It says that witness misidentification was a factor in nearly 75 percent of cases.

Of the DNA exonerations nationwide, over 40 have been in Texas, more than in any other U.S. state.

The Texas marker tells the story of how Cole was convicted in 1986 of raping a fellow student at Texas Tech University and was sentenced to 25 years in prison. An Army veteran, Cole served more than 13 years in prison, steadfastly insisting he did not commit the crime.

He turned down a plea bargain before his trial and a parole opportunity because he refused to admit guilt.

His family's continued efforts to clear his name were boosted by the Innocence Project of Texas, which received a letter in 2007 from an inmate confessing to the crime that Cole was convicted of committing.

Preserved DNA evidence confirmed that Jerry Wayne Johnson - not Cole - committed the rape. The victim of the attack, Michele Mallin, had identified Cole as her attacker in a photo and physical lineup but later joined efforts to bring him justice, said Gary Udashen, president of the Innocence Project of Texas.

The legal maneuvers to clear Cole's name were successful, and in 2009 he was cleared in court of the crime "to a 100 percent moral, legal and factual certainty," the marker reads.

"Tim Cole's case is extremely significant and has made a real difference in the bringing justice to those falsely convicted in Texas," Udashen said.

The case prompted passage of two laws, including the Tim Cole Compensation Act, passed by the Texas Legislature in 2009, which provides compensation to those wrongly imprisoned.

The legislature also created the Timothy Cole Advisory Panel on Wrongful Convictions to help prevent future such convictions in Texas.

The marker was the result of a two-year effort by Cole's family.

"I was driving my daughter through another cemetery to visit a grave when we saw a historical marker," said Session, policy director for the Innocence Project. "I decided right then that's what I wanted for Tim." (Reporting By Marice Richter; Editing by Corrie MacLaggan and Cynthia Johnston)

http://www.huffingtonpost.com/2012/02/12/convict-exonerated-after-death_n_1272061.html?icid=maing-grid7%7Cmain5%7Cdl19%7Csec1_lnk3%26pLid%3D135286

It's staggering how many people are sure they know "justice".  The victim positively identified the man right?  Guilty, has to be.  Justice served.
 
Dead. 
 
Oops.

[guzzijohn]

And many here still want to risk the death penalty, even when there is a significant chance of an innocent person being put to death.
GuzziJohn

[yellowtail3]

This is yet another solid reason to NOT have a death penalty.


This is one of the places I've changed my mind of the last decade.

[BUGEYE]

I would gladly give up the death penalty if all murderers got life with no parole.
once a victim is dead, they're dead forever and a killer should never walk free.
same with rapists.

[dukkillr]

I don't have a problem with someone advocating for the death penalty, just as long as they are honest with themselves and others about the costs of such a policy.  Innocent people WILL be executed.  If the value to society outweighs the occasional, yet grave, injustice to you, so be it.  But be honest about that reality.
 
And remember, the nature of so many of the exonerations is that there is DNA evidence.  As such, many of them are rapes.  Your average murder will not have DNA evidence, but it WILL have strong eyewitness testimony... If you didn't already know the problem with that, take the chance to study the issue.  What happened here is not particularly uncommon, and is notorious among cross-race identifications.
 
Bugeye, take it up with your state legislators, they make those rules.

[powderman]

No doubt there have been innocent men executed, but I'd imagine the rate of folks being murdered by so many of the guilty being released from prison is much higher. Too many repeat offenders. Theres no reason for the condemned to take 20 years to pay for their crimes. If found guilty appoint  somebody to reinvestigate. If after a year all evidence still points to guilt, carry out the sentence. A lot of folks believe that truth serum really works. I don't know a lot about it but IF it really works make them take it right after sentencing. If they spill the beans carry out the sentence immediately. If theres still doubt, re investigate, and work at it, one year should be plenty if they apply themselves. I have a real problem with our tax $s feeding, clothing, housing, and free med care for convicted murderers, rapists, etc. Wheres the justice in that?? I feel sorry for those wrongly convicted but even more so for victims families who wait 20 + years to see justice served. POWDERMAN. 

[BUGEYE]

No doubt there have been innocent men executed, but I'd imagine the rate of folks being murdered by so many of the guilty being released from prison is much higher. Too many repeat offenders. Theres no reason for the condemned to take 20 years to pay for their crimes. If found guilty appoint  somebody to reinvestigate. If after a year all evidence still points to guilt, carry out the sentence. A lot of folks believe that truth serum really works. I don't know a lot about it but IF it really works make them take it right after sentencing. If they spill the beans carry out the sentence immediately. If theres still doubt, re investigate, and work at it, one year should be plenty if they apply themselves. I have a real problem with our tax $s feeding, clothing, housing, and free med care for convicted murderers, rapists, etc. Wheres the justice in that?? I feel sorry for those wrongly convicted but even more so for victims families who wait 20 + years to see justice served. POWDERMAN. 

I feel pretty much the same way. it's been argued and editorialized here in Ga. for years.  the problem is, the antis refuse to discuss any kind of compromise and if they get their foot in the door, pretty soon we'd be like norway whos gonna slap that guy on the wrist that killed 70 some people.
they should let the daddy of the murder or rape victim decide the punishment.

[powderman]

http://www.yahoo.com/_ylt=AiTehj52OagIKN9Tz6V48_CbvZx4;_ylc=X3oDMTlhdmlic2Y3BF9TAzIwMjM1MzgwNzUEYQMxMjAyMTMgbmV3cyBjaGlsZCBraWxsZXIgaW50ZXJ2aWV3IHQEY2NvZGUDcHpidWZjYWg1BGNwb3MDMjcEZWQDMQRnA2lkLTE3NjcyMDQEaW50bAN1cwRpdGMDMARsdHh0A0ludGVydmlld3dpdGhhY2hpbGRraWxsZXIEbWNvZGUDcHpidWFsbGNhaDUEbXBvcwMxBHBrZ3QDMQRwa2d2AzEyBHBvcwMwBHNlYwN0ZC1mZWEEc2xrA3RodW1ibGluawR0YXIDaHR0cDovL25ld3MueWFob28uY29tL2ludGVydmlldy1vZmZlcnMtZ2xpbXBzZS1raWxsZXJzLW1pbmQtMTY0NTI3NjIwLmh0bWwEdGVzdAM3MDE-/SIG=12u0fkaq8/EXP=1329261322/**http%3A//news.yahoo.com/interview-offers-glimpse-killers-mind-164527620.html
 
 
 
What about this guy?? Raped a little girl, slit her throat and  confessed to his crime, then killed himself. Should he have been given a life sentence, or death, had he not killed himself?? POWDERMAN. 

[twoshooter]

I have to agree with Bug and P-man on this one. What is done is done. If you made a mistake fix it the best you can and move on. DNA IS now available, as is the knowledge of the inaccuracy  of eyewitness, so the mistakes, which were rare to start with should now be much more so. There is no justification to endangering guards and other inmates by keeping men in prison for life, in paying for food, housing, clothing, and medication for maybe 60-70 years. Not only that, it is more cruel to keep a man in a cage his entire life than to kill him, especially just so someone that is indecisive can hedge their bets. You cant bring someone back, but the monument and compensation for the family are the right thing to do.

If you believe in the sanctity of life, up to and including not killing in self defense, I salute you, you are in fact right up there with Jesus, I will give you my front row seat any day.

For the rest of us, I can only think of ONE argument against the death penalty, and that is that SOMEONE has to execute the convict. The effect on that person must be incalculable, regardless of how great or small it may ultimately be. This is one reason I would let a family member, friend, person who had suffered something similar flip the switch if they would. They have the  moral right by their loss, regardless of the process, the state does not, just the legal authority.

[KIMBER45]

I think the entire process of carrying out the death penalty is  allot more expensive than life in prison. I'm for life in prison without perole. That gives the Innocent a chance.

[crustylicious]

You're killing me. Truth serum?
What part of ILLEGAL is so hard to understand???

[Swift One]

I don't have a problem with someone advocating for the death penalty, just as long as they are honest with themselves and others about the costs of such a policy.  Innocent people WILL be executed.  If the value to society outweighs the occasional, yet grave, injustice to you, so be it.  But be honest about that reality.

You would not think that if it was your child getting injected brother.  The death penalty is a very involved drawn out process.  In Indiana we have many steps that take several years to get to the execution point.  These steps are in place to insure as much as possible that the sentanced prisoners are correctly sentanced.  Its seems every several years in Illinois you hear about a convict getting released after decades in prison- just to find out that he was wrongly forund guilty.  Makes you wonder what was happeneing in that state.  Reasons like this are exactly why we have several appeal procceses, litigation and other policies that help with moving on to the execution process with a clean  as can be consious on the dept of corrections shoulders.  The whole judge, jury, exectuion squad in an afternoon does not work and has never worked.

I am an advocate of the death penalty.  I have seen the process of death row and worked in death row cell houses.  The victims of the crimes should not and never will be allowed to carry out the execution.  Thats about as wrong as can be.  DNA processes in this day and age really rule out alot of possible mis accusing.  Very few families of the victim go into an execution cheering and hollering.  I have never seen it.  Most have forgiven the convict of his doings.  I have seen family members that were satisfied that the sentance was carried out, but never happy or elated.
 
Those long processes are in place to ensure that the sentancing process was correct.  Nothing is 100% all of the time.  But the death row inmates accross the country that have been relased based on new evidence were sure happy about the process time frame, and quite frankly so am I.
 
I am also an advocate of life in prison for some murderers and all rapists.

[cheapsandwich]

I think the entire process of carrying out the death penalty is  allot more expensive than life in prison. I'm for life in prison without perole. That gives the Innocent a chance.

I believe it can be done a lot cheaper, And I dont care if its not painless.
As for getting rid of the death penalty for the flat out guilty, Thats fine just make worse than death and no family visit. I'm sure there's plenty of victim's family that would love to visit theirs every other month.
#@$%'em and feed'em fish heads.

[powderman]

http://www.whas11.com/news/Police-Campbellsville-man-kills-great-grandmother-with-hammer-139235228.html

 
 
Maybe this one?? All he did was beat his 78 year old grandma to death with a hammer. If guilty, why should he live?? 
crusty. What part of MURDER is so hard to understand?? Last I heard that was illegal too. POWDERMAN. 

[BUGEYE]

http://www.yahoo.com/_ylt=AiTehj52OagIKN9Tz6V48_CbvZx4;_ylc=X3oDMTlhdmlic2Y3BF9TAzIwMjM1MzgwNzUEYQMxMjAyMTMgbmV3cyBjaGlsZCBraWxsZXIgaW50ZXJ2aWV3IHQEY2NvZGUDcHpidWZjYWg1BGNwb3MDMjcEZWQDMQRnA2lkLTE3NjcyMDQEaW50bAN1cwRpdGMDMARsdHh0A0ludGVydmlld3dpdGhhY2hpbGRraWxsZXIEbWNvZGUDcHpidWFsbGNhaDUEbXBvcwMxBHBrZ3QDMQRwa2d2AzEyBHBvcwMwBHNlYwN0ZC1mZWEEc2xrA3RodW1ibGluawR0YXIDaHR0cDovL25ld3MueWFob28uY29tL2ludGVydmlldy1vZmZlcnMtZ2xpbXBzZS1raWxsZXJzLW1pbmQtMTY0NTI3NjIwLmh0bWwEdGVzdAM3MDE-/SIG=12u0fkaq8/EXP=1329261322/**http%3A//news.yahoo.com/interview-offers-glimpse-killers-mind-164527620.html
 
 
 
What about this guy?? Raped a little girl, slit her throat and  confessed to his crime, then killed himself. Should he have been given a life sentence, or death, had he not killed himself?? POWDERMAN. 

the girls daddy should decide the sentence and be allowed to carry it out if he wants.

[Singleshotsam]

Were moving away from an Innocent until proven guilty society.  Just watch any news story or even pop culture show for that matter.  People just LOVE to judge a person before they have a fair trial.  In the long run it's better to let a guilty person go because enough evidence cannot be gathered against them than to charge and kill an innocent person for a crime they didn't commit.
 
I believe the Casey Anthony trial would be a good example to illustrate my point.  When they announced her innocent my Facebook page exploded with women who wanted her dead.  I couldn't believe it. 
 
 

[powderman]

As long as there are high paid lawyers, liberal judges and juries the guilty will continue to walk free. Justice has not been a part of our legal system for many years now.
Am I understanding some of you right that you don't believe the death penalty is EVER warranted?? That we should just lock em up and care for them the rest of their lives free of charge??
What about lawyers who knowingly represent those they know to be guilty and get them put back on the street?? When they murder again should the lawyers be locked up with them?? I  have an opinion on that but the liberals would hate it.  POWDERMAN. 

[guzzijohn]

Quote from Powderman:
"Am I understanding some of you right that you don't believe the death penalty is EVER warranted??"


Yep. There are times the revenge emotion in me wants to support it but my head and heart say no, it is not for us to do and there are just to many risks.
GuzziJohn

[BUGEYE]

As long as there are high paid lawyers, liberal judges and juries the guilty will continue to walk free. Justice has not been a part of our legal system for many years now.
Am I understanding some of you right that you don't believe the death penalty is EVER warranted?? That we should just lock em up and care for them the rest of their lives free of charge??
What about lawyers who knowingly represent those they know to be guilty and get them put back on the street?? When they murder again should the lawyers be locked up with them?? I  have an opinion on that but the liberals would hate it.  POWDERMAN. 

PM, liberals hate everything decent and good.

[Singleshotsam]

PM, liberals hate everything decent and good.

Who are you branding a liberal?

[BUGEYE]

PM, liberals hate everything decent and good.

Who are you branding a liberal?

I branded liberals in general.

[Singleshotsam]

PM, liberals hate everything decent and good.

How does this tie into the OP? 

[Swift One]

Were moving away from an Innocent until proven guilty society.

I would be terrified to go up against a jury if I was being tried for a serious crime that I was not guilty of.  I have no faith in my peers these days.  However, I dont have a better asnwer, so it's still the better of the evils to be judged by your peers.
 

[BUGEYE]

PM, liberals hate everything decent and good.

How does this tie into the OP?

I RESPONDED TO A POST BY POWDERMAN.

[Singleshotsam]

It just seems to be getting OT from the original thought of how the system sometimes allows innocent people to be put to death...

[yellowtail3]

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[BUGEYE]

It just seems to be getting OT from the original thought of how the system sometimes allows innocent people to be put to death...

sam, over in another thread you jumped from muzzies to Christians to try to make a point.
we all do do that.

[KIMBER45]

I think the entire process of carrying out the death penalty is  allot more expensive than life in prison. I'm for life in prison without perole. That gives the Innocent a chance.

I believe it can be done a lot cheaper, And I dont care if its not painless.
As for getting rid of the death penalty for the flat out guilty, Thats fine just make worse than death and no family visit. I'm sure there's plenty of victim's family that would love to visit theirs every other month.
#@$%'em and feed'em fish heads.

Why does the death penalty cost more than life sentence in prison?ImproveIn:Capital Punishment, Charles Manson               [Edit categories]             Answers.com > Wiki Answers > Categories > Law & Legal Issues > Criminal Law > Capital Punishment > Why does the death penalty cost more than life sentence in prison?    Answer:       Improve"The additional cost of confining an inmate to death row, as compared to the maximum security prisons where those sentenced to life without possibility of parole ordinarily serve their sentences, is $90,000 per year per inmate. With California's current death row population of 670, that accounts for $63.3 million annually."
Using conservative rough projections, the Commission estimates the annual costs of the present (death penalty) system to be $137 million per year.
The cost of the present system with reforms recommended by the Commission to ensure a fair process would be $232.7 million per year.
The cost of a system in which the number of death-eligible crimes was significantly narrowed would be $130 million per year.
The cost of a system which imposes a maximum penalty of lifetime incarceration instead of the death penalty would be $11.5 million per year.
The average cost of defending a trial in a federal death case is $620,932, about 8 times that of a federal murder case in which the death penalty is not sought. A study found that those defendants whose representation was the least expensive, and thus who received the least amount of attorney and expert time, had an increased probability of receiving a death sentence. Defendants with less than $320,000 in terms of representation costs (the bottom 1/3 of federal capital trials) had a 44% chance of receiving a death sentence at trial. On the other hand, those defendants whose representation costs were higher than $320,000 (the remaining 2/3 of federal capital trials) had only a 19% chance of being sentenced to death. Thus, the study concluded that defendants with low representation costs were more than twice as likely to receive a death sentence.
The average cost of defending a trial in a federal death case is $620,932, about 8 times that of a federal murder case in which the death penalty is not sought. A study found that those defendants whose representation was the least expensive, and thus who received the least amount of attorney and expert time, had an increased probability of receiving a death sentence. Defendants with less than $320,000 in terms of representation costs (the bottom 1/3 of federal capital trials) had a 44% chance of receiving a death sentence at trial. On the other hand, those defendants whose representation costs were higher than $320,000 (the remaining 2/3 of federal capital trials) had only a 19% chance of being sentenced to death. Thus, the study concluded that defendants with low representation costs were more than twice as likely to receive a death sentence.

[KIMBER45]

PM, liberals hate everything decent and good.

Who are you branding a liberal?

I branded liberals in general.

I hate all inclusive blanket statements. All people who make them are just closed minded, conservatives with no desire to see the good in anyone.

[BUGEYE]

kimber, I see the good in many people.  haven't found any good in liberals yet.  but I keep looking.