Losing Isaiah 1995 Ok.ru

0 views
Skip to first unread message

Lirim Collard

unread,
Aug 3, 2024, 5:49:48 PM8/3/24
to litihillproc

On December 18, 2023, Pennsylvania dropped all homicide charges against Noel Montalvo, twenty years after he was convicted and sentenced to death in York County. Mr. Montalvo pled guilty to one count of tampering with evidence in exchange for release and one year on probation.

Mr. Simmons was convicted and sentenced to death for the murder of Carolyn Sue Rogers and wounding of another woman at a liquor store. Prosecutors said the surviving victim identified Mr. Simmons out of a line up, but never told the jury or defense team that she had also identified other people in the line up. In 1977, his sentence was reduced to life in prison as a result of a U.S. Supreme Court decision.

Sources: Ryan Haas and Leah Sottile, Oregon prosecutors drop murder case against Jesse Johnson, ending 25-year legal saga, Oregon Public Broadcasting, September 6, 2023; Andrew Selsky, Oregon man who was sentenced to death is free 2 years after murder conviction was reversed, Associated Press, September 6, 2023.

Attorneys from the Ropes & Gray law firm represented Huffington on a pro bono basis for more than 30 years. When the pardon was finally granted, Huffington stated, I have fought for over 40 years for this day, and I feel a deep sense of closure and vindication. This pardon officially acknowledges that I was wrongly convicted and imprisoned for crimes I never committed."

Marilyn Mulero and two teenage girls, 15-year-old Jacqueline Montanez and 16-year-old Madeline Mendoza, were charged with luring two gang members to a Chicago park where they were shot to death, allegedly in retaliation for a prior gang killing. Mulero, who was 21, was interrogated by disgraced former Chicago detective Reynaldo Guevara, who has been implicated in framing more than fifty innocent people for murder, and former Chicago Police Detective Ernest Halvorsen. Over the course of a 20-hour period, she was denied sleep and access to counsel and threatened with the death penalty and with having her children taken away. Mulero eventually signed a statement prepared by the detectives confessing to one of the murders.

By the time of trial, Randolph and Welch were not speaking, and the court appointed another lawyer, who had no capital case experience, to act as an intermediary between the two. Randolph's family attempted to sell assets so they could retain private counsel, but the sale did not go through until a week before trial. Retained counsel sought a continuance to prepare for trial, which the trial court denied. The court then refused counsel's request to delay jury section for a few days to permit counsel to review the discovery in the case, and ultimately refused to delay the start of jury selection more than hour even though retained counsel had a pre-scheduled proceeding in the Pennsylvania Supreme Court that morning. Represented by Welch, Randolph was convicted. Randolph represented himself in the penalty phase. Saying he had been denied counsel of choice at trial, he refused to present any mitigating evidence and was sentenced to death.

In federal habeas corpus proceedings, Randolph alleged that the murders were actually committed by one local group of drug dealers in retaliation for a prior killing by a rival group. Police and prosecutors withheld exculpatory evidence that, during a search of a house owned by one of the drug dealers, they had recovered clothing resembling what eyewitnesses said the killers had worn during the shooting. Another witness came forward with evidence that the second victim killed in the bar had been shot by accident when one of his associates returned fire at the gunmen.

The federal district court held an evidentiary hearing on Randolph's innocence claim, but did not reach the issue, instead granting him a new trial on his claim that he had been denied counsel of choice. The U.S. Court of Appeals for the Third Circuit affirmed that ruling on July 20, 2021. On April 4, 2022, the U.S. Supreme Court denied prosecutors' petition for review and, two days later, on April 6, 2022, the Dauphin County District Attorney filed an application to discontinue the prosecution.

Finally, on August 24, Mississippi Circuit Court Judge Jimmy McClure granted a prosecution motion to dismiss charges against Brown. He was released later that day after having spent 26 years on death row or facing the prospects of a capital retrial.

Walter Ogrod was exonerated from Pennsylvania's death row on June 10, 2020, 28 years after being arrested for the murder of four-year-old Barbara Jean Horn and 23 years after being wrongfully convicted and sentenced to death. Barbara Jean Horn was murdered in 1988, her body discovered in a cardboard box the killer placed on the street for trash collection. The case was unsolved for four years before being reassigned to Detectives Martin Devlin and Paul Worrell, two Philadelphia homicide detectives who had undisclosed history of coercing false confessions. No physical evidence linked Ogrod to the murder, but after being sleep deprived over the course of 14 hours of interrogation, he confessed to having beaten the young girl to death with an exercise barbell.

Kareem Johnson was exonerated on July 1, 2020, when a Philadelphia trial court formally entered an order dismissing all charges against him in his capital case. On May 19, 2020, the Pennsylvania Supreme Court had barred his reprosecution because of prosecutorial misconduct that it said exhibited a conscious and reckless disregard for his right to a fair trial.

On September 4, 2020, following six trials marred by prosecutorial misconduct and racial prejudice, Curtis Flowers was exonerated of the July 1996 murders of four employees of a white-owned furniture store in Winona, Mississippi. Fifth Circuit Court District Attorney Doug Evans tried all six cases before withdrawing from the case in January 2020. After an independent investigation, the Mississippi Attorney General's office filed a motion on September 4, 2020 to dismiss all charges against Flowers, with prejudice, and the trial court granted the motion.

The trial court granted the prosecution's motion to "nolle pros" the charges against Williams, and, on January 21, 2020, charges were also dropped against Wilson. Williams remains in custody for a separate murder conviction obtained by the same homicide prosecutor with testimony from the same informant.

Three alibi witnesses testified that Finch had been playing poker with them at the time of the shooting. Several witnesses for the prosecution later indicated they had been pressured into providing false testimony implicating Finch.

Aguirre was sentenced to death by the trial judge despite non-unanimous 7-5 and 9-3 jury votes for death in the two murders. 20 of the 22 Florida exonerations for which researchers have been able to determine the jury vote have involved judges imposing the death penalty despite a jury recommendation for life or after a non-unanimous jury recommendation for death.

On July 7, 2009 Ronald Kitchen was exonerated and released from Illinois prison after spending twenty-one years in prison, including thirteen on death row. His death sentence had been commuted to life without parole by former Illinois Governor George Ryan in 2003 as part of a blanket clemency grant.

Kitchen and a co-defendant were found guilty of the murders of two women and three children in 1988. His conviction was based primarily on a confession he gave to detectives under the command of discredited former Police Commander Jon Burge after hours of beating and threats by police. Prosecutors also relied on the testimony of a friend of the defendants who was in prison for burglary. This witness later recanted his testimony, and the prosecutors withheld from the defense that they released this witness from prison early in return for his testimony.

Nathson Fields, 55, and a co-defendant were sentenced to death for the 1984 murders of two rival gang members. The original trial, however, was marred by corruption, as the the judge in the case, Circuit Judge Thomas Maloney, accepted a $10,000 bribe during the trial. Thomas Maloney, who died in 2008, was ultimately convicted and spent 13 years in prison for fixing murder trials.

Stanley Howard was convicted in 1987 of the murder of Oliver Ridgell. (Chicago Tribune, January 10, 2003). Ridgell was shot while sitting in his car with Tecora Mullen. Mullen, who was unharmed, identified Howard as the shooter. Howard was arrested on an unrelated warrant and he seemed to fit the description of the shooter provided by Tecora Mullen.

UPDATE: Despite being exonerated in Illinois, Manning was being held in Missouri on a kidnapping conviction. On February 26, 2004, Manning was also cleared of those charges and walked out of prison a free man. New investigations revealed that the informant who testified against Manning had received special treatment while in prison. A federal appeals court had ordered a new trial on the kidnapping charges in November of 2002, but prosecutors decided instead to drop all charges. Manning was the 13th person exonerated in Illinois and this led Governor George Ryan to declare a moratorium on executions as exonerations exceeded excutions. (Chicago Tribune, February 27, 2004)

In 1983, Eric Clemmons started a 50-year prison sentence for killing a man in St. Louis during a fight. In 1987, he was accused of stabbing Henry Johnson, a fellow inmate, to death. At trial, one guard testified that he had seen Clemmons stab Henry Johnson. Three other inmates testified that Fred Bagby was the man who had stabbed Johnson. However, the prosecutor claimed that the inmates blamed Bagby because he was conveniently killed before the trial began. A jury convicted Clemmons of the murder and a Judge sentenced him to die.

After losing all his appeals in state court and his initial appeal in federal court, Clemmons received papers from another inmate, including a memo written from Captain A.M. Cross, who had testified against Johnson at trial. The memo stated that an inmate had told Gross immediately after the attack that Bagby killed Johnson. Armed with new evidence, and a new attorney, Clemmons filed a federal appeal with the same federal court that had previously rejected his appeal. The three-judge panel reversed their opinion and ordered a new trial. (Clemmons v. Delo, 124 F.3d 944 (8th Cir. 1997)).

c80f0f1006
Reply all
Reply to author
Forward
0 new messages