Man convicted of rape freed after 23 years in TX prison after DNA tests

[bigtravis]

It does and it is. See all these crimes that were commited back before and around 91, etc. The DNA technology was non-existant. NOW that it is available. Once one case gets proven this way it allows all the others to be able to appeal the facts.
You can't just single one out. Once you have one it opens the doors for all others. NOW that is justice. If they are ennocent then they should have the opportunity. If they're not? Oh well, may they rot.

Do know. The court of appeals has to review the old facts and the new facts then determine if it deserves a second trial.

 

[Bikini Mod]

It does and it is. See all these crimes that were commited back around 91, etc. The DNA technology was non-existant. NOW that it is available. Once one case gets proven this way it allows all the others to be able to appeal the facts.
You can't just single one out. Once you have one it opens the doors for all others. NOW that is justice. If they are enocent then they should have the opportunity. If they're not? Oh well, may they rot.

What about all of those who did not have access to this technology? And even when they do have it, as you pointed out the innocent man STILL gets shafted.

That isn't justice.

And then there are crimes where no amount of DNA evidence is involved so there can be no exhoneration.

Just look at the hypothetical situation I proposed.

You are living with a woman who decides she wants to fuck you. She tell police that she found this ONE DISK containing ONE FILE of a disgusting crime against humanity. What do YOU THINK will happen once the police go to the house and pick up that CD.

All someone has to do is accuse another person of something and that other person may or may not be put into a jackpot of epic proportions. And talk about jumping through hoops just to try and get out of it? Who compensates the innocent party for all the money they had to pay to get cleared? And this doesn't happen overnight. It takes YEARS to rectify. You think that any employer will keep a body on who is accused of ANY crime, let alone something that is utterly repulsive to all people who have a shred of humanity/commn sense? So now, you lose your job you can't get another and now you gotta find money to live AND pay attorneys to prove that you were innocent in the first place. And even IF that body is successfull in proving their innocence THEY HAVE A RECORD. Now all those years have passed and that person has lost their lives (they just haven't stopped breathing) where on earth will they get the money to pay to have their record expunged?

I know YOU KNOW about this stuff, but as for the rest of the board, unless they have lived, know someone who lived it or work in "the system" they really have no clue just how vulnerable they REALLY ARE. I am willing to guess that most people who read these posts knows someone who has had some experience akin to this but they just don't know about it. I mean how many people would VOLUNTEER they have been shafted even though they were innocent?

Oh yea... some are dumb enough but most keep their mouths shut... for good reason.

 

[bigtravis]

What about all of those who did not have access to this technology? And even when they do have it, as you pointed out the innocent man STILL gets shafted.

That isn't justice.

And then there are crimes where no amount of DNA evidence is involved so there can be no exhoneration.

Just look at the hypothetical situation I proposed.

You are living with a woman who decides she wants to fuck you. She tell police that she found this ONE DISK containing ONE FILE of a disgusting crime against humanity. What do YOU THINK will happen once the police go to the house and pick up that CD.

All someone has to do is accuse another person of something and that other person may or may not be put into a jackpot of epic proportions. And talk about jumping through hoops just to try and get out of it? Who compensates the innocent party for all the money they had to pay to get cleared? And this doesn't happen overnight. It takes YEARS to rectify. You think that any employer will keep a body on who is accused of ANY crime, let alone something that is utterly repulsive to all people who have a shred of humanity/commn sense? So now, you lose your job you can't get another and now you gotta find money to live AND pay attorneys to prove that you were innocent in the first place. And even IF that body is successfull in proving their innocence THEY HAVE A RECORD. Now all those years have passed and that person has lost their lives (they just haven't stopped breathing) where on earth will they get the money to pay to have their record expunged?

I know YOU KNOW about this stuff, but as for the rest of the board, unless they have lived, know someone who lived it or work in "the system" they really have no clue just how vulnerable they REALLY ARE. I am willing to guess that most people who read these posts knows someone who has had some experience akin to this but they just don't know about it. I mean how many people would VOLUNTEER they have been shafted even though they were innocent?

Oh yea... some are dumb enough but most keep their mouths shut... for good reason.

Well as for the issue of the police coming in and touching or compromising the evidence of the CD? Then if there other factors involved during recovery of that evidence one could fight the admittance of that eveidence into court due to it being compromised.
As for the individuals who don't have access to this technology? It is available to everyone. It's up to the accused and if they have an attorney hungry enough to make a name for themselves to push it through. It's there. And it's alot more affordable now than it was when it first came out.
As for the accused being released and seeking reimbursment based on the facts found during the second hearing? It is up to them to seek a civil suit againts the accuser "not the courts."

 

[Bikini Mod]

Well as for the issue of the police coming in and touching or compromising the evidence of the CD? Then if there other factors involved during recovery of that evidence one could fight the admittance of that eveidence into court due to it being compromised.
As for the individuals who don't have access to this technology? It is available to everyone. It's up to the accused and if they have an attorney hungry enough to make a name for themselves to push it through. It's there. And it's alot more affordable now than it was when it first came out.
As for the accused being released and seeking reimbursment based on the facts found during the second hearing? It is up to them to seek a civil suit againts the accuser "not the courts."

Well about the CD - hypothetical situation but lemme tell you how it most likely would go down - a little birdie told me this:

Even though the bitch sold all of his assets and there was ONE CD with ONE FILE of a disgusting image they lock the guy up anyway. The charge is "possession of some disgusting shit"... interesting, the man charged was never in possession of it - SHE WAS. But she goes and testifies in front of the grand jury and what do they do? They indict him!.... based on what?

ONE CD THAT SHE GAVE TO THE COPS and HER TESTIMONEY, you know, the bitch that stole 2.2 mill in cash and assets and then left town? Yea, that bitch.

So yea, the poor penniless, homeless bastard is now left standing there with his dick in his hand. Where is he supposed to find the money for the freaking bond let alone an attorney? You think that attorneys would jump at the chance to defend a man accused of something so filthy and disgusting? GUESS AGAIN.

Oh yea, and the bitch told his employers what a filthy disgusting piece of crap he is to be in possession of something so nasty and word of stuff like that travels faster than VD.

So the guy is pretty resourcefull and finds work here and there but when exactly is he supposed to volunteer to perspective employers (if they hadn't heard already) that he is a filthy animal that is a danger to society because he is so depraved as to have been in possession of such a file? And when should he volunteer to any new friends he meets (his old friends dumped his ass like a bad habit when they heard what happened to him) or heaven forbid a woman that he wants to date? When do you volunteer that you were accused, locked up and now have to face a trial even though you are 100% innocent? I mean, who the hell is going to believe you? DONT ALL CRIMINALS SAY THEY ARE INNOCENT?!

See the catch 22?

So good news is TWO YEARS LATER and 50K he still has a record even though the utterly bullshit charge was finally dismissed at THE LAST SECOND "In the interest of justice". But he still has a record. So NOW he's gotta come up with another 15K to have his record expunged.

As for suing the party who did this to him, that costs money too. Lawyers don't take cases like this on contingency even though we are talking the case is clear and a slam dunk to the tune of several million dollars. And on top of that there are statutes of limitations. I don't think that you can sue someone for this regardless of how guilty they are if you aren't able to do it within *X* amount of time.

 

[Jacob Creutzfeldt]

The hell you say? You mean that this shit happens ALL THE TIME? Well if I didn't read about it personally then I am calling bullshit. And you are crazy for merely suggesting that this stuff happens all the time.

YouTube - YOU HAVE NO RIGHTS - George Carlin

Oh hell... I STILL don't know how to embed a freaking you tube. Just shoot me now!

Instead of wrapping the the entire youtube url with, take the letter code after "v=" Highlight the code, then go to the camera icon in the top right end of the toolbar above the text box, click the camera. In this case the code you wrap is hWiBt-pqp0E.

 

[Bikini Mod]

Like this?



I couldn't figure out wth you meant so I quoted you and cut and pasted.

Ok, ok... so I am not exactly the sharpest tool in the shed.

 

[RottenWillow]

They will only expunge when all is clear and the owner of the DNA is found and then that person gives admittance to the evidence found.

He could get it expunged w/o that. He needs a good attorney. I was in a similar sitch. Prosecutors have a lot more discretion than they will admit to. They are by nature hardassed and judgmental. Many won't do it automatically. A good attorney has to make them, basically.

 

[Bikini Mod]

He could get it expunged w/o that. He needs a good attorney. I was in a similar sitch. Prosecutors have a lot more discretion than they will admit to. They are by nature hardassed and judgmental. Many won't do it automatically. A good attorney has to make them, basically.

That takes money. No small chunk of change. We aren't talking a speeding ticket of 500 bucks. We are talking over 10K.

It doesn't seem right that an innocent person should have to pay to make a record go away that they should have never had to begin with. Does it? How is that justice?

OK so they find you NOT GUILTY (which does NOT = innocent) or they dissmiss the case but you still have a record? Well, until YOU PAY to have it expunged.

Justice prevails until bankruptcy occurs.

 

[bigtravis]

He could get it expunged w/o that. He needs a good attorney. I was in a similar sitch. Prosecutors have a lot more discretion than they will admit to. They are by nature hardassed and judgmental. Many won't do it automatically. A good attorney has to make them, basically.

Sorry but you are wrong. He CAN get it expunged ONLY when the other evidence is proven. Trust me on this. They only release him due to the nature of the evidence. As if it were still under investigation before he was charged the first time. It is complicating but this is our justice system. And you weren't charged and sentenced for Murder were you. Two totally different animals I think.

 

[RottenWillow]

Sorry but you are wrong. He CAN get it expunged ONLY when the other evidence is proven. Trust me on this. They only release him due to the nature of the evidence. As if it were still under investigation before he was charged the first time. It is complicating but this is our justice system. And you weren't charged and sentenced for Murder were you. Two totally different animals I think.

I was convicted and was doing time for a crime for which I was later exonerated via new evidence. The new evidence did not however ID the actual perpetrator. The prosecutor declined my attorney's informal request to expunge that conviction, and he had to pursue a formal route. The basic elements of our situations sound identical to me.