Remind me not to read the legal news
Oct. 24th, 2006 09:29 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
judith_sit just makes me depressed.
Michael DeWayne Johnson killed himself today, hours before he was due to be executed in Texas. He wrote, in blood, on his cell wall "I did not shoot him." When I read about his death, I ended up looking at his appeals history. He was convicted based on testimony from his accomplice, who had actually signed a confession prior to his testimony. The confession was that HE had shot the gas station attendant. His testimony was in direct contradition of this, so clearly he committed perjury on the stand. The prosecution, despite the Brady rules, did not give a copy of the confession to the defense. He was convicted, and sentenced to death. He appealed, and lost his appeal. His new lawyers then discovered the confession, and the perjury on the stand of his accomplice. They filed a second appeal. It was denied at the district court level.
On appeal to the Fifth Circuit, the Fifth circuit held that under the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) the requirement is that the evidence "could not have been discovered using due diligence" in order for a second appeal to be considered at all. In this case, Johnson's lawyer could've discovered his accomplice's plea/statement, by ordering that file from the courts.
In other words, no matter how obviously the prosecution breaks the law -- and this was pretty blatant, permitting perjury and not handing over an accomplice's statement -- if you could've discovered this earlier, you cannot use it for an appeal. In other words, you had better get a decent lawyer the first time around, or you'll get executed even if the evidence points to your innocence, because the courts won't consider the evidence.
Did I mention that it's against the law for any official of the court to permit perjured testimony? How do we get these fuckers disbarred again?
Michael DeWayne Johnson killed himself today, hours before he was due to be executed in Texas. He wrote, in blood, on his cell wall "I did not shoot him." When I read about his death, I ended up looking at his appeals history. He was convicted based on testimony from his accomplice, who had actually signed a confession prior to his testimony. The confession was that HE had shot the gas station attendant. His testimony was in direct contradition of this, so clearly he committed perjury on the stand. The prosecution, despite the Brady rules, did not give a copy of the confession to the defense. He was convicted, and sentenced to death. He appealed, and lost his appeal. His new lawyers then discovered the confession, and the perjury on the stand of his accomplice. They filed a second appeal. It was denied at the district court level.
On appeal to the Fifth Circuit, the Fifth circuit held that under the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) the requirement is that the evidence "could not have been discovered using due diligence" in order for a second appeal to be considered at all. In this case, Johnson's lawyer could've discovered his accomplice's plea/statement, by ordering that file from the courts.
In other words, no matter how obviously the prosecution breaks the law -- and this was pretty blatant, permitting perjury and not handing over an accomplice's statement -- if you could've discovered this earlier, you cannot use it for an appeal. In other words, you had better get a decent lawyer the first time around, or you'll get executed even if the evidence points to your innocence, because the courts won't consider the evidence.
Did I mention that it's against the law for any official of the court to permit perjured testimony? How do we get these fuckers disbarred again?
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(no subject)
Date: 2006-10-25 08:05 am (UTC)Oh, this is in Texas. That explains quite a bit. I bet the convicted man was African-American, and the appeals judge white, too.
I'm very sad for this man, may he rest in peace. He may not have led a perfect life, but nobody deserves an end like this. I can't imagine what the attorney feels. I hope this conviction can be overturned posthumously, not that it would make up for anything. I'm very, very sad for this country and our excuse of a justice system. :/
(no subject)
Date: 2006-10-25 04:38 pm (UTC)I have to say that after reading the appeal, I am still uncertain that Johnson didn't do it. He did, after all confess, though not in a sworn statement and there were witnesses. Still, I think that the accomplice's sworn statement, indictment, and subsequent contradictory testimony at Johnson's trial should have been grounds for an appeal.
I am glad Johnson was white and blond. The race card is old and worn out and if Johnson was black, that is what everyone would be focussing on.