Author Topic: Another reason death penalty must be abolished  (Read 471 times)

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Offline KIMBER45

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Another reason death penalty must be abolished
« on: May 15, 2012, 05:23:03 AM »
GOOD OLD TEXAS :o ::) :'( :'( -http://news.yahoo.com/wrong-man-executed-texas-probe-says-051125159.html He was the spitting image of the killer, had the same first name and was near the scene of the crime at the fateful hour: Carlos DeLuna paid the ultimate price and was executed in place of someone else in Texas in 1989, a report out Tuesday found.
Even "all the relatives of both Carloses mistook them," and DeLuna was sentenced to death and executed based only on eyewitness accounts despite a range of signs he was not a guilty man, said law professor James Liebman.
Liebman and five of his students at Columbia School of Law spent almost five years poring over details of a case that he says is "emblematic" of legal system failure.
DeLuna, 27, was put to death after "a very incomplete investigation. No question that the investigation is a failure," Liebman said.
The report's authors found "numerous missteps, missed clues and missed opportunities that let authorities prosecute Carlos DeLuna for the crime of murder, despite evidence not only that he did not commit the crime but that another individual, Carlos Hernandez, did," the 780-page investigation found.
The report, entitled "Los Tocayos Carlos: Anatomy of a Wrongful Execution," traces the facts surrounding the February 1983 murder of Wanda Lopez, a single mother who was stabbed in the gas station where she worked in a quiet corner of the Texas coastal city of Corpus Christi.
"Everything went wrong in this case," Liebman said.
That night Lopez called police for help twice to protect her from an individual with a switchblade.
"They could have saved her, they said 'we made this arrest immediately' to overcome the embarrassment," Liebman said.
Forty minutes after the crime Carlos DeLuna was arrested not far from the gas station.
He was identified by only one eyewitness who saw a Hispanic male running from the gas station. But DeLuna had just shaved and was wearing a white dress shirt -- unlike the killer, who an eyewitness said had a mustache and was wearing a grey flannel shirt.
Even though witnesses accounts were contradictory -- the killer was seen fleeing towards the north, while DeLuna was caught in the east -- DeLuna was arrested.
"I didn't do it, but I know who did," DeLuna said at the time, saying that he saw Carlos Hernandez entering the service station.
DeLuna said he ran from police because he was on parole and had been drinking.
Hernandez, known for using a blade in his attacks, was later jailed for murdering a woman with the same knife. But in the trial, the lead prosecutor told the jury that Hernandez was nothing but a "phantom" of DeLuna's imagination.
DeLuna's budget attorney even said that it was probable that Carlos Hernandez never existed.
However in 1986 a local newspaper published a photograph of Hernandez in an article on the DeLuna case, Liebman said.
Following hasty trial DeLuna was executed by lethal injection in 1989.
Up to the day he died in prison of cirrhosis of the liver, Hernandez repeatedly admitted to murdering Wanda Lopez, Liebman said.
"Unfortunately, the flaws in the system that wrongfully convicted and executed DeLuna -- faulty eyewitness testimony, shoddy legal representation and prosecutorial misconduct -- continue to send innocent men to their death today," read a statement that accompanies the report.
"In the final analysis, it is between you and God.  It was never between you and them anyway."__Mother Theresa
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Offline guzzijohn

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Re: Another reason death penalty must be abolished
« Reply #1 on: May 15, 2012, 05:25:44 AM »
So sad.
GuzziJohn

Offline yellowtail3

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Re: Another reason death penalty must be abolished
« Reply #2 on: May 15, 2012, 06:23:30 AM »
Even worse, it won't make a dent with the kill 'em all crowd.
Jesus said we should treat other as we'd want to be treated... and he didn't qualify that by their party affiliation, race, or even if they're of diff religion.

Offline KIMBER45

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Re: Another reason death penalty must be abolished
« Reply #3 on: May 15, 2012, 06:56:58 AM »
Now I know the meaning of the song " all my x's come from Texas."
"In the final analysis, it is between you and God.  It was never between you and them anyway."__Mother Theresa
-----------------
Not everyone will understand your journey. That"s fine. It's not their journey to make sense of. It's yours.
--------------------------------
Hawkeye: My father warned me about you...
Chingachgook, he warned me about people like you. He said "Do not try to understand them".
 "do not try to make them understand you. That is because they are a breed apart and make no sense".
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Offline Sourdough

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Re: Another reason death penalty must be abolished
« Reply #4 on: May 15, 2012, 09:07:22 AM »
Correction:  All my Xs are in Texas.   

Darn, all mine are here in Alaska.

I for one am for the Death Penalty.  But we need to put things on hold till we work out the problems we have with our judicial system.   

We have a sever problem with our judicial system.  We have prosecutors who do not care about justice.  They do not care wheather a man is guilty or innocent. Their only concern is getting a guilty conviction for their own resume.  That is a flawed system.
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Offline KIMBER45

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Re: Another reason death penalty must be abolished
« Reply #5 on: May 15, 2012, 09:59:40 AM »
Correction:  All my Xs are in Texas.   

Darn, all mine are here in Alaska.

I for one am for the Death Penalty.  But we need to put things on hold till we work out the problems we have with our judicial system.   
 

We have a sever problem with our judicial system.  We have prosecutors who do not care about justice.  They do not care wheather a man is guilty or innocent. Their only concern is getting a guilty conviction for their own resume.  That is a flawed system.
I think the true words are " all my x's live in Texas."  That's why I changed the word.
"In the final analysis, it is between you and God.  It was never between you and them anyway."__Mother Theresa
-----------------
Not everyone will understand your journey. That"s fine. It's not their journey to make sense of. It's yours.
--------------------------------
Hawkeye: My father warned me about you...
Chingachgook, he warned me about people like you. He said "Do not try to understand them".
 "do not try to make them understand you. That is because they are a breed apart and make no sense".
-------

-------

Offline yellowtail3

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Re: Another reason death penalty must be abolished
« Reply #6 on: May 15, 2012, 10:23:38 AM »
We have a sever problem with our judicial system.  We have prosecutors who do not care about justice.  They do not care wheather a man is guilty or innocent. Their only concern is getting a guilty conviction for their own resume.  That is a flawed system.
Mr Sourdough has hit 10-ring...
Jesus said we should treat other as we'd want to be treated... and he didn't qualify that by their party affiliation, race, or even if they're of diff religion.

Offline SHOOTALL

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Re: Another reason death penalty must be abolished
« Reply #7 on: May 15, 2012, 10:44:30 AM »
I doubt we can be 100% sure in every case. People watch to much TV and expect all real cases to be like Hollywood cases with DNA , tapes , people sure of what they saw etc. In many cases such evidence does not exist . Better to store them for life maybe.
If ya can see it ya can hit it !

Offline Hooker

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Re: Another reason death penalty must be abolished
« Reply #8 on: May 15, 2012, 02:58:04 PM »
Ok let's abolish the death penalty from now on all death row prisoners get sentenced to live with those who who are anti-capital punishment.
They may like keeping dangerous pets in a cage forever and a day and that's fine with me as long as it is on their dime not mine.
Fix the system there's not a dang thing wrong with the punishment.

Pat
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Offline powderman

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Re: Another reason death penalty must be abolished
« Reply #9 on: May 15, 2012, 03:14:03 PM »
Ok let's abolish the death penalty from now on all death row prisoners get sentenced to live with those who who are anti-capital punishment.
They may like keeping dangerous pets in a cage forever and a day and that's fine with me as long as it is on their dime not mine.
Fix the system there's not a dang thing wrong with the punishment.

Pat

 
BINGO. The case he's talking about was 23 years ago when dna was not used as it is today. POWDERMAN.  :o :o
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Offline Hooker

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Re: Another reason death penalty must be abolished
« Reply #10 on: May 15, 2012, 03:20:23 PM »
2000 years ago an innocent man was put to death never happened before then and has not happened since.

Pat
" In the beginning of change, the patriot is a brave and scarce man,hated and scorned. when the cause succeeds however,the timid join him...for then it cost nothing to be a patriot. "
-Mark Twain
"What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms."
-- Thomas Jefferson to William Stephens Smith, 1787. ME 6:373, Papers 12:356