Railroaded Onto Death Row

[TJHairball]

Then why did a jury of 12 convict and recommend that he be executed? Hmm? Surely they had all of the facts, and not just what's been said in this article?

Perhaps they did, perhaps they didn't. And perhaps they ended up making a bad decision, or made their decision for the wrong reason. It has been known to happen; juries are not infallible.

We try our best - it's a well designed system on the whole - but it's still subject to error.

And when an error becomes a death sentence, it's irreversable.

Remember, this is Post LAPD Rampart scandal. Nobody trusts "secret police infomants" anymore. Everything has to have a factual proof before judges issue warrants.

Not all municipalities - or judges - are rigorous about applying standards of reasonable suspicion.

For that matter, so far as we know, the warrant was issued appropriately. The police just got lost and raided the wrong apartment, or somehow misinterpreted what they had a warrant for. Or something.

While completely failing to document their investigations leading up to the raid. Whether or not the fellow should be sent off to death row (did he know they were police, or not? heck, isn't the death sentence only for premeditated murder - i.e., first degree?), the fellow who got shot sure fucked up.

 

[RobL]

Not all municipalities - or judges - are rigorous about applying standards of reasonable suspicion.

And that's where the Federal courts come in. When these podunk municipalities have some sort of fucked up standard in which they grant search warrants, the matter is filed in a Federal appellate court for resolution.

For that matter, so far as we know, the warrant was issued appropriately. The police just got lost and raided the wrong apartment, or somehow misinterpreted what they had a warrant for. Or something.

The warrant was issued for a duplex, of which the guy who got convicted owned/lived in the second half. When the police did the entry, they had a warrant to search it from a Judge. That's what I got from the article. So, his apartment was part of the warrant.

While completely failing to document their investigations leading up to the raid. Whether or not the fellow should be sent off to death row (did he know they were police, or not? heck, isn't the death sentence only for premeditated murder - i.e., first degree?), the fellow who got shot sure fucked up.

The jury probably convicted him of premeditated murder, i.e. laying in wait to ambush the officer once he made his entry. It wasn't a spur of the moment thing, he waited, took cover, and stood by till the officer actually made entry and he had a clear shot before he took it.

If your talking about tactics - yeah. He (the officer) fucked up.

If you are talking about documentation, that's still up in the air. Simply put, that article is one sided. Judges do not give warrants out simply because "a secret infomant says drugs are there". Modern, 21st century jurys do not convict on the words of "secret informants" - at least, not death penalty cases.

If what this article says is true, I can see at least several arguable points for an appellate court. I'm not going to be loosing any sleep over it.

 

[TJHairball]

And that's where the Federal courts come in. When these podunk municipalities have some sort of fucked up standard in which they grant search warrants, the matter is filed in a Federal appellate court for resolution.

Hopefully, yes. That's how it's supposed to work.

The warrant was issued for a duplex, of which the guy who got convicted owned/lived in the second half. When the police did the entry, they had a warrant to search it from a Judge. That's what I got from the article. So, his apartment was part of the warrant.



The jury probably convicted him of premeditated murder, i.e. laying in wait to ambush the officer once he made his entry. It wasn't a spur of the moment thing, he waited, took cover, and stood by till the officer actually made entry and he had a clear shot before he took it.

If your talking about tactics - yeah. He (the officer) fucked up.

If you are talking about documentation, that's still up in the air. Simply put, that article is one sided. Judges do not give warrants out simply because "a secret infomant says drugs are there". Modern, 21st century jurys do not convict on the words of "secret informants" - at least, not death penalty cases.

If what this article says is true, I can see at least several arguable points for an appellate court. I'm not going to be loosing any sleep over it.

And?

I have every confidence that most of these sorts of mistakes - if it even is a mistake - will get fixed.

But here is what I would like to point out:

"It is better that ten guilty men walk free than a single innocent man hang."

We are nowhere near infallibility in our criminal courts, and a death sentence is something we cannot fix with our powers. We can release the wrongly imprisoned and try to make restitution; we cannot resurrect the dead when new evidence arrives from beyond the grave.