#exoneration

[spazmatics]

[bobmueller]

The Moral and Legal Failures of the Death Penalty

There were five executions this past week in the U. S.  One each in South Carolina, Missouri, Texas, Oklahoma, and Alabama. Alan Eugene Miller, in Alabama, marked the 1600th person executed in the U. S. since capital punishment resumed in 1976. All of these men could be called poster children for the death penalty. One was found guilty of the heinous sexual assault and murder of his…

[seemabhatnagar]

"Allahabad High Court Quashed Order Denying Salary to Exonerated Police Personal"

The court underscored that fully exonerated government employees must receive their due pay and allowances for periods of wrongful dismissal. The decision of SP, Deoria was overturned, and directions were issued for immediate payment with interest and legal costs.

Dinesh Prasad v. State of UP & 3 Others

WP 5033 / 2024

Before the High Court of Allahabad

Heard by Hon'ble Mr. Justice Salil Kumar Rai J

Facts:

Dinesh Prasad, was employed as a follower with the U.P Police.

The charge against the petitioner was that the petitioner, without informing his Officers and without any leave, absented from duty between 24.6.2018 and 26.6.2018. Another charge against the petitioner was that after joining the petitioner went on a hunger strike and refused to resume his mess duty which adversely affected the reputation of the police force. Disciplinary Actions were initiated against him and a charge sheet was issued in August 2018. He was found guilty and was dismissed from service on 09.01.2020

The petitioner appealed against his dismissal & the Deputy Inspector General of Police exonerated him and reinstated him on 29.9.2020.

Current Issue: The Superintendent of Police denied salary for the dismissal period (9.1.2020 to 29.9.2020) on 'the no work no pay' principle.

Legal Issue :

Whether the petitioner is entitled to full pay and allowances for the period of dismissal after being exonerated on appeal.

Arguments of Parties:

Contention of the Petitioner: Denied charges; claimed entitlement to salary for the period of dismissal as the appellate authority had exonerated him.

Contention of the Respondents: 'No work No pay' principle and invoked Rule 73 of the Financial Handbook.

Rule 73 : A Government servant who remains absent after the end of his leave is entitled to no leave salary for the period of such absence, and that period will be debited against his leave account as though it were leave on half average pay, unless his leave is extended by the Government. Wilful absence from duty after the expiry of leave may be treated as misbehaviour for the purpose of Rule 15.

Court's Observation:

Rule 73 applies to overstaying leave, not dismissal periods.

Rule 54 governs pay and allowances for reinstated employees post-dismissal.

The Petitioner was exonerated & thus was entitled to full pay and allowances as per Rule 54(2).

The order of SP Deoria denying salary was without jurisdiction as petitioner's conduct during dismissal was irrelevant post-exoneration.

Order:

The order passed by the Superintendent of Police, Deoria denying salary to the Petitioner Dinesh Prasad employed as a follower with the UP Police was quashed. The Court held that Petitioner is entitled to full pay and allowances from the date of dismissal to the date of exoneration and reinstatement.

[mpaizsounds]

The 4% (Podcast)

editing, mixing, mastering < LISTEN HERE >

[alexanderrogge]

Pennsylvania Innocence Project - Charles "CJ" Rice -- Free after 12 Years of Wrongful Incarceration:

Exoneration #EyewitnessMisidentification #WitnessIdentification #Witness #InadequateDefense #WrongfulConviction #InnocenceProject #CriminalJustice #Law

[rajaattari]

Forgiveness & Exoneration | Bakhshish O Maghfirat |Dabistan Al Ahqar Al Attari|Muhammad Tariq Rashid

[garudabluffs]

At this point, Trump has incriminated himself so many times, that there is no value in continuing to platform him.

Trump's media interviews, his continued lies & the need for a gag order to protect the jury pool. Sep 18, 2023

 here's the bottom line for me

8:00we have enough incriminating evidence we

8:02have enough confessions out of Donald

8:05Trump's mouth

8:07that even a novice prosecutor would be

8:10able to walk in to a courtroom and

8:13convict Donald Trump in his or her sleep

VIDEO 14:42 https://www.youtube.com/watch?v=y1Myu2vIaXY

616 Comments

Trump loses mind, admits to crimes in worst interview ever 9/18/2023

Failed former President Donald Trump is interviewed by Kristen Welker, and it goes so poorly that there is speculation of Trump setting up an insanity defense for his criminal trials ---

VIDEO 10:59 https://www.youtube.com/watch?v=R_IjugawJe8

[phonemantra-blog]

Leonard Mack's 50-Year Wrongful Conviction Finally Overturned After enduring nearly five decades of unjust imprisonment for a 1975 rape in Greenburgh, Leonard Mack has been exonerated through new DNA evidence. A Long-Awaited Breakthrough and Confession Reveals Truth Recent DNA testing not only absolved Mack but also led to the identification of the real perpetrator, who confessed to the crime. Possible FAQs about New York DNA Evidence Finally Clears 72-Year-Old Man Wrongfully Convicted Of Rape After Nearly 5 Decades Q1: How long was Leonard Mack wrongfully imprisoned? A1: Leonard Mack spent nearly five decades behind bars due to a wrongful conviction for a 1975 rape in Greenburgh. Q2: What led to the exoneration of Leonard Mack? A2: New DNA evidence not only cleared Mack but also identified the real perpetrator, who confessed to the crime. Q3: What issues were identified in Leonard Mack's case by the Westchester County District Attorney's Office? A3: The office highlighted problematic and suggestive procedures used in eyewitness identifications during the initial investigation and prosecution. Q4: Why can't the real perpetrator of the 1975 rape be prosecuted for that specific crime? A4: Due to New York's statute of limitations, the real perpetrator cannot be prosecuted for the 1975 rape, but they face charges related to a 2004 sex crime. Q5: What organizations played a role in Leonard Mack's exoneration? A5: The Innocence Project was instrumental in helping rectify the miscarriage of justice in Leonard Mack's case, underscoring the importance of such organizations in pursuing justice.

[if-you-fan-a-fire]

[A remarkable and well-deserved exoneration. And a vile miscarriage of justice. Police 'sweating' of suspects, 'third degree' methods, manufacturing of evidence, and going after certain marginalized and racialized groups was particularly common in the 1970s. Prisoners who rioted at Kingston Penitentiary in 1971 or struck at Archaumbault Institution in 1973, for instance, complained of being coerced into signing confessions by Montreal and Toronto police. Not that it has gone away AT ALL - police coercion of suspects is an ongoing practice. I have no doubt Anderson and Woodhouse, and the other two men convicted, were assumed to be the guilty party because the investigating officers in 1973 thought they fit a racial profile and their lack of familiarity with Winnipeg or English made them an easy target for assigning guilt...]

///

From CTV News, July 18, 2023:

WINNIPEG - A courtroom erupted in cheers and applause Tuesday after a Manitoba judge said the words two First Nations men have been waiting a half-century to hear.

"You are innocent. You deserve acquittals. I'm now happy to enter them," Chief Justice Glenn Joyal of the Court of King's Bench told Brian Anderson and Allan Woodhouse.

"Your stories are stories of courage and resilience."

Systemic and individual racial discrimination within the justice system played a part in the wrongful conviction of both men, added Joyal.

"We cannot permit this type of wrongful conviction to occur without the outrage they deserve."

Anderson and Woodhouse were sentenced to life in prison when they were teens for the killing of Ting Fong Chan, a restaurant worker who was stabbed to death in 1973 near a downtown construction site.

The two men, who are from Pinaymootang First Nation north of Winnipeg, have proclaimed their innocence for the past five decades.

In the years that followed their conviction, Anderson and Woodhouse appealed to higher courts but were denied.

Following Joyal's decision, Anderson, 68, said he's been holding onto hope that one day the courts would recognize his innocence.

"It's what I wanted to hear. I've been waiting for that for the last 50 years."

The men's convictions were based largely on a signed confession given by Anderson to police. But the men's lawyers have said Anderson did not know what he was signing and English was not his first language.

On a U.S.-based podcast last year, Anderson said he signed a piece of paper that he thought was a receipt for his personal property that he had surrendered upon his arrest.

Both men took to the stand to profess their innocence and share with the court the impact their convictions had on them and their families.

...

Woodhouse, 67, spent 23 years in prison.

"It's unbelievable to be accused of something you didn't do," he told the court. "I sent my family off because I didn't want my family to see me while I was in prison."

Woodhouse told reporters afterward he believed he was arrested because of the colour of his skin.

///

From the Winnipeg Free Press, July 18, 2023:

Woodhouse served 23 years before he was granted full parole in 1990. Anderson served 10 years. He was granted full parole in 1983. They always maintained their innocence.

In an eerie moment in court, lawyers for Anderson and Woodhouse played a video clip from 1978 in which CTV’s W5 featured an interview with Anderson about his claims of innocence. Now 68, Anderson watched as he, then 22, told reporter Lloyd Robertson he didn’t know anything about the murder, and that the confessions were forced and false.

Crown attorney Michele Jules told court Tuesday the case “fell well below” the standards for prosecution in 1974 and “wouldn’t even come close” to meeting today’s charging standards.

Jules said the same Winnipeg police detective squad that obtained the confessions had been accused of using violence and intimidation to produce manufactured statements in similar cases. Anderson and Woodhouse testified during their initial trial that their statements were false, coerced and manufactured.

Of the new evidence that came to light: a forensic linguist reviewed the confessions and determined the word patterns differ from Anderson and Woodhouse’s speech patterns. In 1973, both had a shaky grasp of English and had only recently moved to Winnipeg from Pinaymootang.

“Systemic racism impacted the investigation, the prosecution and the adjudication of this case,” Jules said. “There is no question that there is not credible or reliable evidence to proceed.”

[bobmueller]

Innocent Man Exonerated After False Accusations During Satanic Panic Era

Melvin Quinney's exoneration from false accusations of sexual assault, compensation for wrongful imprisonment, and the limitations of exonerees' reintegration. Plus Twitter, and AI in blogging.

I note with a wild combination of emotions the exoneration of Melvin Quinney. Mr. Quinney was falsely accused of sexual assault and murder during the Satanic Panic of the 90s. Coincidentally, he and his wife were going through a divorce at the time. He was found guilty of Indecency with a Child, served eight years of a 20-year sentence, and had to register as a sex offender. But it never…

[ifitistobeitisuptous]

The US injustice system is scary. 

[shinelikethunder]

hey. USians and anyone who might visit. some facts about cops in the USA:

they are allowed to lie to you. they are allowed to make false claims about leniency in exchange for a confession. they are allowed to lie about there being evidence against you. they are allowed to fabricate forensic evidence against you to see how you react when confronted with it. if they bully you into a polygraph they WILL tell you you failed it just to see how you react.

you are allowed to terminate an interview or interrogation at any time. even if you have been read your miranda rights, waived them, and talked to the cops, you can decide to shut the fuck up at any time. they do not want you to know this. they will try to weasel their way around this any way they can. you might have to say the literal words "am i free to go?", "i invoke my right to remain silent," and/or "i invoke my right to a lawyer." do it. and then shut the FUCK up no matter how hard they try to wheedle you into "casual" "conversation."

DO

NOT

TALK

TO

THE

COPS

[alexanderrogge]

Authorities Exonerate Two Men Charged With Murder As Teens

Ilan Hulkower - Authorities Exonerate Two Men Charged With Murder As Teens:

Exoneration #WrongfulConviction #Misidentification #Testimony #Evidence #Injustice #LosAngeles #InnocenceProject #JustUs #CriminalJustice #Law