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“When we get it wrong, it basically disparages the whole criminal justice system.” -

Thursday, December 03, 2009

This is neat. Craig Watkins is the Dallas County DA whose “conviction integrity units” have worked with groups like the Innocence Project to ensure that everyone incarcerated in Dallas is actually guilty. (There’s a great Wall Street Journal piece on the man here.)

Anyway, he was on The Colbert Report last night to talk about his work, and it’s funny, as Colbert’s interviews usually are, and Watkins comes off better than most of Colbert’s guests usually do. But he really cuts to the significant point very quickly, which is something I’ve heard debated a lot (in reference to Roman Polanski, most recently, but it hardly began or ended with him) – basically, if we know someone is guilty, why does it matter so much if things are handled by the letter of the law?

And the answer – as most attorneys surely know, but most laymen feel is a subject of worthwhile debate – is that, if you can’t trust that the system is functioning fairly in cases where there’s no real debate regarding innocence, then it’s really, really hard to have faith that it’s functioning properly when there’s a genuine dispute. Watkins uses OJ as his example, but it’s a debate that I had with some fellow non-lawyer friends regarding Polanski a few weeks ago.

(A little background, if you ignored the circus: Roman Polanski, accused of, among other things, raping a teenage girl in the 1970’s, fled the country after he entered his guilty plea in response to a sentence that wasn’t what he expected. The judge in the case has been accused of impropriety, and since Polanski’s re-arrest two months ago, the fairness of the original proceedings have come into question.)

My friends, all of whom are good and moral people who are repulsed by Polanski and the accusations against him, which he’s never disputed, don’t get why it’s such a big deal if the judge inserted himself into the plea bargain process, offered a very light deal, and then started asking reporters and prosecutors if he should maybe up the sentence a bit. “The guy raped a teenager,” they say, “And we all know he did it. Who cares if the judge got a second opinion and then decided to give the guy what he really deserves?”

It’s convincing, because all of that’s true. What Watkins has had the courage – both in his actions as DA, and even on Colbert last night – to point out is that it’s more important that we get it right when someone is guilty. If we (and by we, I mean the people on behalf of whom the state seeks justice) can’t work within the legal framework we’ve established to convict someone whose guilt is never really in doubt, then what hope is there that a person who’s guilt is anything but a foregone conclusion will get treated legally and fairly?

I don’t know a ton about Watkins – just what I’ve read in various media and on the occasional blog, really – but we’re definitely lucky to have him advancing this argument.

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posted by Dan   permalink   0 Comments

Congratulations to the Sonnier Family and the Innocence Project! -

Friday, August 07, 2009

Ernest Sonnier, who has spent the last 23 years of his life in prison, was freed on bond today after DNA test results suggest that he was wrongfully convicted of kidnapping and sexual assault charges. Congratulations to the Innocence Project and the Texas Innocence Network!

The Houston Chronicle reports that he is the sixth man to be freed from prison after challenging results from the Houston Police Department Crime Lab. The infamous HPD Crime Lab was closed in 2002 by police officials, and then-Police Chief Harold Hurtt called for an independent inquiry of the lab. The Final Report of the Independent Investigator identified hundreds of cases that needed further investigation, including 274 cases in which biological material was identified but never tested and 180 cases that were said to have "major issues" regarding the reliability or accuracy of the results.

I am thrilled for Mr. Sonnier but wonder how many more innocent men and women are behind bars as a result of the HPD Crime Lab.

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posted by Kristi Couvillon   permalink   0 Comments

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