The Best Way to Help Jodi Arias? Don’t!

The Best way to help Jodi Arias?  Don’t!

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Fact based reporting

by Amanda Chen & Rob Roman

Now, why would a blog in support of Jodi Arias say something like this?

We are saying it for one little, insignificant reason, because it’s true.

Support-JodiThere are many people helping Jodi Arias as we speak. They send her supportive cards and letters, they go to visit her at Estrella Jail, they communicate with each other and share important news about the case. These Jodi-helpers write letters and sign petitions, write blogs and comment on websites, purchase her art and raise money for her appeal, organize gift-packs, and keep in communication with her family members.
Still others may feel that Jodi Arias may be guilty but they do not believe it was a fair trial or they do not believe in the death penalty. All these people support Jodi in some way. They yearn to be able to do something more to help. They might not believe that best way to do this is to join in objectives that are not about Jodi Arias.

Help to End Executions in the USA

Help to End State Executions

in Arizona and the other states that use it.
images (8)There are two basic categories of the death penalty in America. The first category is the death penalty statutes in the individual States. These can be repealed by acts of the individual state legislatures. This can depend on who is in power in the legislature and who the Governor is at the moment. There will be an election in Arizona in 2014, and Jan Brewer cannot be re-elected. Governor Brewer has already tried to get the legislature to change the rules so that she can serve an extra four years. Here is a good place to start.
This is the new abolition movement in America. Most of us will never be accused of murder and most of us will not be imprisoned on death row. But we know that many people on death row have been wrongly convicted and some have been executed. We know that the death penalty creates numerous injustices, even for the victims of violent crimes as well as the free citizens of death penalty states,
Clodagh+Joyce+Death+Penalty+Protesters+Hold+Xlqx4bY6faZlSome states such as Texas, Ohio, and Arizona have the death penalty and use it frequently. It’s a hot political issue and many people in these states think it is the right thing to do and it’s the will of God. These states may one day decide that the amount of money spent on capital cases could be put to better use. The victim’s family and friends are not satisfied with a guilty verdict, but suffer through decades of appeals and wait 20 years to finally “get closure”. Most of the time, the execution is of little solace to the family and friends.

Each State is Different

Some states have repealed the death penalty and no longer execute convicted criminals or sentence them to death. Many states have found that the death penalty violates their individual state constitutions. In these states it’s significantly more difficult to return to executing convicted murderers.
Still other states put moratoriums on the use of executions, but the moratoriums can be lifted. The states that do not use the death penalty but have not found it unconstitutional may bring it back into use. There has been talk of this in several states. Other states still have the death penalty, but use it rarely. These states are the most likely to one day create a moratorium or repeal the death penalty statutes.
0350a5f0-19c4-4813-9847-059cebcacc13People living in the states that have a moratorium can argue against bringing the death penalty back. They can get involved in efforts to end the death penalty in states that still use it. People in other states and outside the U.S. can also write letters and articles supporting the abolition of the death penalty in the states that use it regularly.
If you want to help Jodi Arias, or even if you don’t, you can make an effort to end the death penalty in the state of Arizona. You will have done everyone residing in Arizona and humanity a favor, and indirectly, you will be helping Jodi Arias. Then, we would not have to see similar spectacles from Arizona, such as more exonerations of death row prisoners like Debra Milke, and the Jodi Arias trial, embarrassing Arizona and the U.S. in the eyes of the world.

Help end federal executions by the United States Government

The second category is executions practiced by the U.S. Federal Government. The federal government reinstituted the death penalty in 1998. There are 59 people currently on Federal death row.  Fifty people have been sentenced to death from 2000 to 2012.
137458348592614114000701197_104_mcveigh_pastSince 1998, three people have been executed by the United States government. Timothy McVeigh was executed in 2001 for the bombing of a U.S. Federal building in Oklahoma City, Oklahoma in 1995. This act was primarily why the Federal government brought back the death penalty in 1998.
Also in 2001, the U.S. executed luis jones jrJuan Raul Garza, a drug dealer and murderer from Texas. In 2003, Luis Jones Jr. was executed for the 1995 kidnapping, rape and murder of a young Army recruit in Texas. Both McVeigh and Jones were military veterans who fought in foreign wars.
Should mass murderers and terrorists such as Timothy McVeigh and the Boston Marathon bomber, Dzhokhar Tsarnaev, be executed? Timothy McVeigh is long gone. Wouldn’t it be better if he was still in prison having to face the consequences of his act?
dpcountiesIf you want to talk about injustice, how just is it to make the innocent children, siblings, and parents of Condemned prisoners face the death of their loved ones by the government? How just is it that many other countries will refuse to extradite criminals to the U.S. Government or to states that use the death penalty?
As long as the Federal Government executes people, the states will also want to have that right for themselves. If the Federal Government ends the use of executions, this could set the stage for abolition of the death penalty in individual states. This can also indirectly help Jodi Arias.
 

Help restore the “presumption of innocence”

for suspects and defendants.

bad dogThe power of public opinion is so pervasive it infuses court proceedings and can influence juries, judges, people in high places, and even governments.

hauptmannThere are many reasons to believe that Bruno Richard Hauptman was guilty of the kidnapping and murder of the Linbergh baby (Charles Lindbergh was famous for making the world’s first trans-Atlantic flight in 1927).
imagesThe prosecutor in his trial exhorted the jury to look at Hauptmann’s “predatory eyes” as proof of the certainty of his guilt. We should all be outraged by such tactics, as they are entirely subjective, appeal to the emotions rather than logic, and obscure the facts. Yet, in the case of Jodi Arias, there was much talk on the media about Jodi’s “dead shark eyes”.
Yet even today, emotional persuasion, speculation, and a presumption of guilt have been utilized in the place of or to supplement facts and evidence that should be the sole determinant of guilt or innocence in a trial.
Here are some quotes about the presumption of innocence for suspects and defendants:
hesiod-sm smSo the people will pay the penalty for their King’s presumption, who, by devising evil, turn justice from her path with tortuous speech –Hesiod, 700 BC
images (2) smIt is better that ten guilty persons escape than that one innocent suffer. William Blackstone, Commentaries on the Laws of England, 1767
benjamin-franklin-520 smInnocence is its own defense. Benjamin Franklin, 1733
download (2) smTo vice, innocence must always seem only a superior kind of chicanery.-Ouida, Two Little Wooden Shoes, 1874
download (3) sm“Always the innocent are the first victims…. So it has been for ages past, so it is now.” -J. K. Rowling, Harry Potter and the Sorcerer’s Stone, 2001
leonard peltier sm Innocence is the weakest defense. Innocence has a single voice that can only say over and over again, “I didn’t do it.” Guilt has a thousand voices, all of them lies–Leonard F. Peltier, Prison Writings, 1999
 
sc00210 sm“Anybody who understands the justice system knows innocent people are convicted every day.” Florida Supreme Court Justice, Gerald Kogun (Ret.)
078skayfqa6870sa sm“The presumption of innocence only means you don’t go right to jail”. –Ann Coulter, Hannity & Colmes (Fox News), Aug. 24, 2001
download (4) sm“In this country the presumption of innocence is dead, dead, dead.” –John Grisham

Which of these quotes does not seem to go with the others? Which of these quotes just doesn’t belong?

 
22597_002_0036.JPG“What was the quesion…..?” –Vinnie Poitan, Headline News, 2013
The media is a major culprit in the erosion of the presumption of innocence for the accused and defendants in a trial.
“The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat (the burden of proof is on he who declares, not on he who denies), is the principle that one is considered innocent until proven guilty.”
“Application of this principle is a legal right of the accused in a criminal trial, recognized in many nations. The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond a reasonable doubtIf reasonable doubt remains, the accused is to be acquitted.”
“The proof lies upon him who affirms, not upon him who denies; since, by the nature of things, he who denies a fact cannot produce any proof.”
“This right is so important in modern democracies, constitutional monarchies, and republics many have explicitly included it in their legal codes and constitutions.”
http://www.wikipedia.org/
trial by media“Trial by Media” and the huge public interest in murder trials has been an ever-growing factor in the erosion of the presumption of innocence. The public is exposed to speculation and selective facts as well as evidence not allowed in at trial. Murders and murder trials, crime and punishment have a huge entertainment value, which is exploited by media outlets for profit.
Most trials are over 90% boring and there is a constant temptation for the media to spice things up with speculation, unsupported evidence, and outright lies. This creates an assault on the presumption of innocence because once people make up their minds, they will ignore or reject facts which challenge their opinion.
According to Wikipedia, “Trial by media is a phrase used to describe the impact of television and newspaper coverage on a person’s reputation by creating a widespread perception of guilt before, or even after, a verdict in a court of law.”
201002010_lynch“During high-publicity court cases, the media are often accused of provoking an atmosphere of public hysteria akin to a lynch mob which not only makes a fair trial nearly impossible but means that regardless of the result of the trial the accused will not be able to live the rest of their life without intense public scrutiny.
The counter-argument is that the mob mentality exists independently of the media which merely voices the opinions which the public already has.”
http://www.wikipedia.org/
injusticeFor the accused and defendants of less means, who have public defenders, the negative impact of trial-by-media is far greater. They often have no representative or proxy to give their side of the story and to counter untruths. This is why HLN and other media handled the recent Brett Seacat murder trial (A police officer with a private attorney) and the Dr. Martin MacNeil murder trial (An M.D. with a private attorney) with kid gloves compared to the way they absolutely crucified Jodi Arias.
safe_imageThis is especially true of CNN’s HLN, who took a public interest and right to know concept of televising trials, and twisted it to the point where they seem to believe they actually own these trials and can control public opinion.
Yes, HLN was voicing the opinions of the public in the Jodi Arias trial, but they super-charged it and raised the hatred to epic proportions. They told documented untruths, rumors reported as facts, and they told pure lies every week during the Jodi Arias trial. In addition we have instant communication to the masses by means of the social media such as Facebook, Twitter, and Instagram which allow facts, rumors and falsities alike to travel at light speed.
trial by social mediaThis has also added the challenging dimension of creating the ability to harass and intimidate participants in the trial as well as people holding unpopular, minority opinions. This phenomenon has outraced common legislation to control such harmful new capabilities.

Help reduce trial by media and restore the presumption of innocence

before and during trials

622539We should call HLN on its lies and incomplete facts and make them prove their allegations. Jodi killed her childhood dog, Jodi wore fake glasses, Jodi attacked another prisoner at the Estrella jail, Jodi has a bad jail record, Jodi flipped the bird at Nancy Grace, Jodi deliberately made “throat slashing” gestures, Jodi lied about wanting the death penalty rather than life in an Arizona jail – all lies told by HLN.
The camera feeds from these high profile trials are available publicly and some websites have offered links to these feeds to shut out players like HLN who try to co-opt and exploit the defendants and their trials for their own ratings and profit purposes. We need to see more of this. Let’s make the feed available to everyone publicly, so that there is less trial by media. It’s too late for Jodi Arias as far as a presumption of innocence and trial by media, but we can help the next person to get a fair trial.
Help reduce wrongful convictions
by advocating for extra funding for forensic testing and more adequate investigations.
exoneratedOf course, there are always limits in manpower and materials to completely investigate each and every factor and lead in a murder investigation.
Still, grossly under-investigated crimes combine with political agendas and this leads to the pressure to indict, arrest, and convict on scant evidence. This is especially true of states like Arizona that are constantly seeking to cut spending to the bare bone. This approach is short sighted and counter productive because it ends up costing more in the long run.
images (3)States should put more money into complete and competent investigations and scientific testing in order to save money from wrongful convictions, reversals, appeals, re-trials, and lawsuits.
Incomplete and incompetent investigations and inadequate testing are two huge factors in wrongful convictions. More thorough investigation and more testing of evidence may change the tide of the Jodi Arias case in appeal and will help to prevent countless wrongful prosecutions.
Help to promote humane prison conditions.
mqh6kxw33e_amnesty_international_logo smInhumane prison conditions cause embarrassment to us all as a nation and reduce our ability to promote improvements in other countries. Arizona is a proven culprit in creating inhumane prison conditions. There should be strict standards for the treatment and conditions of people in custody in the U.S.
images (11)This would help Jodi Arias in the short run and would benefit every citizen in the long run.
Help end the “Incarceration Nation”
and reduce extremely long prison terms for non-violent offenders
 
Fareed Zakaria wrote in Time magazine that the number of jailed prisoners in the United States is one of the great scandals of American life. “Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today,” writes the New Yorker’s Adam Gopnik.”
images (10)Over all, there are now more people under ‘correctional supervision’ in America – more than 6 million – than were in the Gulag Archipelago under Stalin at its height.”
Is this hyperbole? Here are the facts. The U.S. has 760 prisoners per 100,000 citizens. That’s not just many more than in most other developed countries but seven to 10 times as many. Japan has 63 per 100,000, Germany has 90, France has 96, South Korea has 97, and Britain – with a rate among the highest – has 153.
 
170342714_640Even developing countries that are well known for their crime problems have a third of U.S. numbers. Mexico has 208 prisoners per 100,000 citizens, and Brazil has 242. We here in America make up 5% of the world’s population but we make up 25% of the world’s jailed prisoners.
http://content.time.com/time/magazine/article/0,9171,2109777,00.html#ixzz2kRNJQip1
The prison system has become a major for-profit industry in the United Sates.
This is mostly due to the “war on drugs”, but has expanded to include other non-violent crimes.
download (8)download (9) marissa
In two recent cases in Florida, a 19 year-old was sentenced to 162 years in prison with no possibility of parole for a series of unsuccessful armed robberies where no one was hurt. He shot only at a dog, but he missed. A woman who was threatened by her estranged husband in her own home was sentenced to 20 years in prison for discharging a firearm into a wall as a warning to her ex-husband.
These laws are unfairly applied to people of less means and to minorities. There are alternatives to incarceration which include GPS monitoring, rehabilitative counseling, mandatory drug and alcohol treatment, and training and education which can help turn lives around as opposed to throwing lives away.
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Such concepts as mandatory minimum sentencing guidelines should be restricted because they remove the discretion of judges in individual cases and give too much power to District Attorneys.
Shining a spotlight on our embarrassing prison system will help the U.S. to look at the value of rehabilitation as opposed to warehousing people in prisons. We can try to reduce the growth industry of  private prisons and replace this with more constructive and beneficial enterprises.

Help keep local and state governments honest

 
curr-26541When government corruption, especially in law enforcement is observed it should be reported and acted upon. The Jodi Arias trial has helped to shine a spotlight on a variety of highly questionable practices in Arizona. You can get active and speak out on these practices and advocate for investigations and reforms. You do not have to be from a particular state or even from the United States to speak out on these matters.

Help to reduce bullying and domestic violence.

download (7)Domestic violence is not really growing in America, but it’s becoming more deadly, due to the proliferation of firearms and an inability to communicate and deal effectively with conflicts. Bullying in America has increased due to our competitive and aggressive culture.
High-tech has served to make one-time incidents permanent by photo or video. These incidents, accusations, and rumors can spread with lightning speed throughout an entire community. This high-tech dimension makes fleeting incidents into long lasting attacks that few people are equipped to withstand.
images (14)Worse than this, like the current epidemic of the “knockout game”, where young people go out and sneak up on an unsuspecting person and punch them in the head as hard as they can while a friend records it on video, bullying has become a dangerous and potentially deadly “game”. Some young people get a thrill out of using technology to try to destroy the life of another young person, hoping they will cause them emotional distress, or even run them out of a school or the town. They are excited at the idea of using their computers and cell phones to cause a person to take their own life.
images (12)We see this same tactic employed by adults in society at large and especially in the social media, where people can hide behind a computer or cell phone and lash out at opponents protected by anonymity and multiple profiles. Here, we are setting a dangerous and potentially deadly example for children and young adults. This leads to the next item:
Help fight for Jodi by not fighting for Jodi
 
incarceration-nation3There are political courses and classes that teach people to attack the opinions of others by means of personal attacks. These attacks are meant to silence people with an opposing opinion by short circuiting the issues and changing the subject. The usual response to this is to counter-attack with insults and personal attacks.
If we hold an unpopular or minority opinion, fighting with others will not change their opinion or help our cause. It’s better to present factual reasons why we believe the way we do and to respect the holders of opposing opinions. This way we can take the high road and show that our reasoning is based on facts and that we have considered our position carefully.
images (6)We can give our opponents some facts to ponder and some things to think about. This helps our cause by reducing the criticisms that the holder of a minority opinion is ignorant, unreasonable, or crazy. It also makes the attacker look bad when the holder of an unpopular opinion refuses to counterattack or ignores the attack completely.
Another thing we can do is to see if we can find common ground in any of the above issues. People who don’t hold the same opinion you do most likely agree with you on at least one of these other issues.
Helping to put an end to federal and state executions, restoring the presumption of innocence for the accused and defendants, and limiting trial by media is something we can all do to improve the criminal justice system in America.
Pakistan-domestic-violence-via-AFPAdvocating for the Reduction of wrongful convictions through more complete testing and investigations, and improving prison conditions will help to make our system more just and will save money in the long run.
Helping to reduce our prison population, investigating and reporting corruption in government, and helping to reduce bullying and domestic violence incidents and deaths are all things we can work on to improve our society.
images (15)Setting a good example for our kids by not allowing ourselves to be reduced to the level of personal attacks on social media is another positive step we can take. Taking the high road when communicating with “Travis supporters” may get more people to rethink their ideas and opinions about the Jodi Arias trial.  We can show we have a more complete knowledge of the case and we can improve our debating and communicating skills.
Each of these issues directly helps to improve our society and positively impact our culture. They make us a better country in the eyes of the world.
These are not liberal or conservative issues, but are a matter of evolution.
As a bonus, all of these issues indirectly benefit Jodi Arias. That’s one of the reasons why Jodi wants to help domestic violence victims by making sure they seek help and document their abuse. It’s to prevent many others from the same tragic circumstances Jodi is facing now.
We can help improve the system and conditions which may have failed Jodi Arias, and will certainly fail countless others if nothing is done to change the conditions .

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Sometimes, the best way to help Jodi Arias is to not help Jodi Arias. I think even Jodi would agree.

worldFor more insight into why the death penalty is unjust to crime victims and the public please see:

http://americancultureshock.wordpress.com/dp-needs-a-lethal-injection/

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What’s Going On in Arizona, Maricopa (part 1)

Fact based reporting

By Rob Roman

The State of Arizona is suing the U.S. Government      The U.S. Government is suing the State of Arizona      Juan Martinez is accusing Maricopa police of hiding evidence       Judges are suing Maricopa County and Sheriff Joe      Sheriff Joe is indicting County officials      County Officials are suing Maricopa County      The U.S. Government is suing Sheriff Joe      The ACLU is suing Sheriff Joe      Prisoners are suing Maricopa County     Juan Martinez is accusing the police of obstruction of justice      Juan Martinez is fighting with Judge Janet Barton

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What’s going on in Arizona, MaricopaCounty?

(part 1)

azOverview

In order to fully understand the Jodi Arias trial, we must look at the context in which the trial is taking place. Arizona has long been a very conservative “red” state. The conservatives hold sway over Maricopa county and they want to show the rest of America how justice is served. They want to show they can keep the cost of government low and the services effective.

They want to show they can bring criminals to justice and lock them away from the public while staying on a tight budget. Politics are fierce as the leaders fight against the U.S. Justice Department in such areas as law enforcement and immigration. There is tremendous pressure under this system for those in high offices to produce results and advance the conservative causes of their political leaders.

cactusThis is especially true in law enforcement. Certain crimes fit a political agenda. Certain crimes get a lot of play in the media. Law enforcement is pressured to solve the case and make an arrest. The Maricopa Attorney’s Office is then pressured to bring the case to trial and get a conviction.

This works splendidly until there comes a case where there isn’t enough solid evidence to get a conviction. Then the pressure is directed downward, from the CountyD.A. to the prosecutors involved to the detectives, to the forensic technicians, to the cop on the beat. There is an agenda driven push in high profile cases to make an arrest quickly. Once the arrest is made, there is a concerted effort to get a conviction and make it stick.

Of course, these occurrences are not particular to Arizona or conservative states. There are many reasons why suspects can be wrongly convicted. But for the County prosecutors, pressure from above or even self-imposed pressure to get the arrest and the conviction seems to be a primary cause of faulty prosecutions.

justice projectThe Justice Project

Most people have heard of “the Innocence Project” and other agencies like this. They investigate questionable convictions and pursue justice for the wrongfully convicted. In many cases, DNA evidence is re-examined. This can only be a small percentage of cases. There are many more convicts serving time who were wrongly convicted with no DNA involved. It is generally agreed there are many more prisoners who are not guilty of the crime(s) charged.

Organizations like The Justice Project were created to provide assistance and resources to clients who might not be able to afford or have access to such services. The Justice Project has been operating in Arizona since 1998 to help overturn wrongful convictions. The Justice Project “examines claims of innocence and manifest injustice, and provides legal representation for inmates believed to have been failed by the criminal justice system.”

lady-justice “Nearly all of the exoneration cases in the registry’s report came about because of public attention or the efforts of innocence projects. The states with the most exonerations – California, Texas, Illinois and New York each has more than 100 cases.”

University of Michigan Law Professor Samuel Gross said the courts should be more willing to reverse course and overturn previous rulings. “We need to be more ready to acknowledge mistakes were made,” Gross said. “Change in attitude is more important than any policy.” “We don’t think we’ve scratched the surface in wrongful convictions,” Gross said. “This is a tiny number.”

http://usnews.nbcnews.com/_news/2012/05/21/11756575-researchers-more-than-2000-false-convictions-in-past-23-years?lite

In the span of 25 years, eight death row convicts have been exonerated in Arizona. These are only the 1st degree murder convictions resulting in death sentences. This is a problem because it is especially the death row convictions which should be beyond a reasonable doubt. Below are some of the recent Arizona exonerations:

RobisonJamesPC

James Robison **** Aquitted

Convicted: 1977 **** Exonerated: 1993**** (16 years in prison)

“ArizonaRepublic reporter Don Bolles was fatally injured on June 2, 1976 when a six-stick dynamite bomb attached to the vehicle was detonated by remote control.

John Harvey Adamson, confessed to planting the bomb in Bolles’ car. Adamson pleaded guilty and implicated his friend, James Robison, as the one who pushed the button on the remote control device. The sole evidence was Adamson’s word. Robison was acquitted by a jury after three trials.

Here a guilty party implicated his friend because he wanted to make a deal with the prosecutors or because he wanted to limit his culpability in the crime. There was no other evidence to substantiate his claim.

https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=3588

Robert Charles Cruz **** Acquitted

Convicted: 1981 **** Exonerated: 1995 **** (14 years in prison)

In this case, there seems to be a concerted effort to convict Cruz on the top charge, even though it appears evident that prosecutors did not have enough evidence to get or sustain a conviction. Cruz had mafia connections, which were improperly admitted into evidence and were prejudicial to the jury. At his fourth trial on the same charges, the Supreme Court found a violation because four Hispanic jurors were excluded solely due to their race. A special prosecutor assigned to Cruz’s fifth trial was caught bribing two inmates to testify against Cruz. The jury acquitted Cruz and stated they did not believe the prosecutor’s new “star witness”.

http://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=3139

David Wayne Grannis **** Acquitted

Convicted 1991 **** Exonerated 1996 **** (5 years in prison)

The defendant admitted he was at the scene but claimed he fled before the murder. Here again, a defendant facing the death penalty feels the pressure and implicates another in order to make a deal and reduce his own culpability. Evidence having no connection to the crime was improperly admitted and was prejudicial to the defendant. There was no physical evidence whatever to corroborate the other defendant’s claim. http://www.victimsofthestate.org /AZ/

Christopher McCrimmon **** Acquitted

Convicted 1993 **** Exonerated 1997 **** (4 years in prison)

In this case, there seems to have not been enough evidence to convict. A”witness” is found among convicts willing to give information to prevent a 25 year jail term. A police investigator committed perjury and a judge even coerced a reluctant juror to find the defendant guilty.

http://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=3424

raykrone

Ray Krone **** Charges Dismissed

Convicted 1992 **** Exonerated  2002 **** (10 years in prison)

Defense attorneys for the defendant claimed Maricopa County “obtained the conviction and death sentence… by prosecutorial misconduct, the use of altered and manufactured evidence, expert shopping, a refusal to adequately investigate… through the concealment and destruction of evidence, through perjured documents and statements, and through the unfairly prejudicial inflammation of public opinion.”

“Among other deficient acts, the crime lab failed to test and/or analyze “hair, blood and fingerprints” that when examined years after Krone’s second conviction, excluded him and implicated another person in Ancona’s murder.”

In this case, again, there seems to be not enough evidence to convict. The public was inflamed against the defendant. The investigation was predicated on saving money and time. Tremendous media and political pressure came to bear on the prosecution. There was an inadequate investigation and evidence manipulation. Perjured documents and statements were also used in the attempt to get this conviction.

“Expert shopping” means that there were a number of witnesses the prosecution hired who found fault with the prosecution’s theory of the crime. The prosecution continued seeking experts until they found the one who would say what they wanted.

http://justicedenied.org/issue/issue_32/krone_jd32.pdf

prion000Lemuel Prion **** Charges dismissed

Convicted 1999 **** Exonerated 2003 **** (4 years in prison)

According to the Supreme Court, “There was no physical evidence identifying Prion as the killer,” and the trial court abused its discretion in not allowing the defense to submit evidence that a third party, John Mazure, was the actual killer.

Prion’s conviction was based largely on the testimony of Troy Olson, who identified Prion as the man who was with Vicari on the night of her murder. However, when police first showed Olson photographs of Prion, Olson could not identify Prion. This information was not admitted into evidence.

In this case there seems to be an effort by both the prosecutor and the judge to allow a man to testify as an eye witness even though they knew there was a serious problem with the testimony of this witness.

Debra-Milkedebra milke 2

Debra Jean Milke **** Charges dismissed or reduced to time served ?

Year convicted 1990 **** Year exonerated ? **** (23 years in prison)

Debra Jean Milke is a German immigrant convicted of the murder of her 4 year-old son Christopher Conan Milke in 1990. On March 14, 2013, Milke’s conviction was overturned on March 14, 2013 by the United States Court of Appeals for the Ninth Circuit.

debra milke 3“The Debra Milke case out of Maricopa County, Arizona caused a stir earlier this year when the 9th Circuit threw out Milkie’s conviction, citing prosecutorial misconduct.”

“The Court handed down a biting critique of the Maricopa County Attorney’s Office for its failure to disclose evidence that the lead detective in Milke’s case had a long and sordid history of misconduct, including lying under oath and accepting sexual favors for leniency.”

Milke’s alleged confession to Armondo Saldate, was the only direct evidence linking Milke to the crime. The only evidence was Saldate’s word. Saldate had been implicated in the past for lying under oath and other serious violations The prosecution withheld this evidence from the defense.

debra milke“Milke’s roommate, Jim Styers, had Milke’s permission to take Christopher to allegedly see Santa Claus at a shopping mall. Styers and an accomplice took Chrisopher out to the desert and shot him. Styers and an accomplice have both been convicted of the murder and are currently on death row in Arizona. Nether has testified against Milke.

http://en.wikipedia.org/wiki/Debra_Milke

http://www.prosecutorialaccountability.com/az-milkes-lawyer-says-maricopa-county-attorneys-office-ought-to-be-recused-from-retrial/

There is a significantly higher amount of faulty convictions when there is a higher amount of media attention, political pressure, or a focus on a particular case because of a political agenda. In these cases, more than one tactic is usually applied to get and hold onto a conviction. Different offices will coordinate and cooperate to achieve the conviction.

The reasons for these faulty convictions fall under the following categories:

Other Defendants and Suspects

-Forced or manufactured confessions  (Milke)

-Defendants implicating others

to lessen their culpability and / or make a deal  (Robison, Milke, Granis)

-Inadequate investigation of other suspects

Improper Evidence                                                                                                                  

Improperly admitting evidence more prejudicial to the client than probative (Cruz, Granis) Alltered and / or manufactured evidence (Krone)                                                                     Concealment and destruction of evidence (Krone)                                                               Failure to collect or test crime scene evidence (Krone)                                                             Not allowing exculpatory evidence to be admitted into trial (Milke, Prion)

Misconduct by Witnesses and Prosecutors

Lying by the prosecutor (Arias – Alleged)                                                                                Perjury by prosecution witnesses (Milke, McCrimmon, Arias – alleged)                                   Manufactured “witnesses” (McCrimmon)                                                                         Shopping for experts (Krone)                                                                                               Witness intimidation (Arias – alleged)

Improper Police investigators and technical evidence

Perjured documents and statements  (Krone, Arias – alleged)                                     Incomplete testing (Krone, Arias – alleged)

Faulty testing and investigation (Krone)

Incomplete investigation (Arias – alleged)

Problems with Judges and juries

Judge makes a bad ruling                                                                                                           Judge fails to make a ruling (Arias – alleged)                                                                                   Judge uses coercion (McCrimmon)                                                                                             Jury problem at selection (Cruz)                                                                                                       Jury problem during the trial (Arias – alleged)                                                                             Media bias affects jury (Krone, Arias – alleged)

http://www.deathpenaltyinfo.org/innocence-list-those-freed-death-row

The current District Attorney is pressured to hold onto the conviction and death sentence of Debra Milke even though there is no credible evidence of her guilt. The D.A. wanted to limit embarrassment and the liability of his office by insisting on retrying a case that is unlikely to be winnable. Refusing to take responsibility for past wrongs in this case shows a clear conflict of interest. The continued prosecution of Debra Milke is clearly politically motivated and not in the interest of justice.

grand jury 2Prosecutors, in order to secure a quick arrest and trial will also deliver false or incomplete testimony to a Grand Jury. They will make an arrest without probable cause. The prosecution will depend on wresting the needed evidence out of the defendant after they are under arrest. This is especially true in Arizona when an upstanding Mormon or a child is the victim of a violent crime.

2005GrandJuryThere are other ways of gaining an advantage used by prosecutors over defense attorneys. This includes withholding evidence, offering a mile-long list of witnesses, most of whom will never be called, and delivering witness lists to the defense just days before the trial. The prosecution also uses last minute surprises, evidence dumps and massive paperwork dumps to overwhelm the defense attorneys prior to trial.

In a harsh political climate such as Arizona, all these factors pushing towards faulty convictions are attenuated. In Arizona, they fight amongst themselves. Prosecutors fight against judges, the County, the legislature, and law enforcement. We only need to look at the latest headlines in Maricopa County to see the political outfighting, infighting and constant scandals to see this is fertile ground for the misapplication of justice.

Please see What’s going on in Arizona, Maricopa County (Part 2)

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