alabama denies dna test to potentially innocent man

TBman

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Oct 31, 2008
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this is beyond disgusting

http://thinkprogress.org/justice/2012/02/28/433859/alabama-denies-dna-test-to-potentially-innocent-man-on-death-row/

Andrew Cohen chronicles the many uncertainties in Alabama?s case against Thomas Arthur, who was convicted of murder three decades ago and is scheduled to be executed next month. They include a key witness who recanted and then unrecanted her testimony, another man who admitted to committing the murder, and a wig containing DNA evidence that likely belongs to the real killer.

Alabama, however, refuses to allow this evidence to be tested even though it would cost the state nothing to do so:


Late last month, I profiled the wobbly capital conviction against Troy Noling in Ohio and there are remarkable similarities between it and the Arthur case. Both involve white defendants. Both include contentions of innocence and allegations of bad lawyering at trial. Both include a lack of physical evidence linking the defendants to the crime. Both include crucial witness testimony that borders the farcical. And both include state officials reluctant to permit sophisticated DNA testing that might definitively answer questions about whether the defendants committed the murders they will die for.

Arthur?s attorneys are even willing to pay for that testing, the few thousand bucks it would be, and the testing could be completed by the execution date. It is here where prosecutors and judges lose me when they prioritize ?finality? in capital punishment cases at the expense of ?accuracy.? It would cost Alabama nothing to let Arthur?s lawyers do the testing. And it might solve a case that already has cost the state millions of dollars. Instead, Alabama wants to finally solve its Arthur problem by executing him. No matter how the new DNA test could come out, the state is more interested in defending its dubious conviction.

Alabama can thank the five conservatives on the Supreme Court for its ability to deny Arthur an opportunity to prove his innocence. In 2009, a 5-4 Supreme Court denied a similar DNA test to a potentially innocent man in Alaska.


I'll let Mr. Neil Young finish here

http://www.youtube.com/watch?v=byU7j3YnEJU
 

JoJo

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This sort of case is why the death penalty, which may be theoretically a good idea in some extreme cases, doesn't really work in practice. No justice system is perfect and in a system where death is an option, inevitably someone innocent will get executed. Is this guy innocent? Maybe, maybe not. I'd sure rather pay for his and a mostly despicable crowd of people to live on safely separated from society than risk a mistake that's can't be fixed.
 
Jan 27, 2011
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This is murder, plain and simple.

Why the HELL does the state not want him to get a DNA test? I can't see any reason they'd deny it, other than them being afraid they'd lose pride if it's found out that "oooooops the prosecutor made an oopsie", in which case they should STILL do it, because if it's found out that they executed an innocent person and they refused to test him, then I think the blowback would be MUCH worse.

Either that, or they're afraid they'll have to pay out compensation to him and his family, and they'd rather murder an innocent man than do that.

Either way, this is bullshit I'd expect form a dictator in a hellish nation, or from the dark ages. This kind of thing has NO place in a civilized society.
 

girzwald

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This is OT but. So lemmie get this straight. If I linked a news story from fox news as a source. Id be laughed and shunned off these forums. But a link from "thinkprogress" is cool? /shrug

Back on topic. Well first the DNA wouldn't cost the court nothing. Because regardless of the results, it would cost some sort of court time, extra jail time, etc. But that's not the point. And I doubt that money is why they are denying the DNA test. This person has had 30 years to reprove their innocence and has failed to do so. But now, suddenly they want a DNA test that would extend this case even longer. Why not sooner? Sounds like a last ditch effort to stall the execution. Which is pretty much what people are sick of, people on death row who are often guilty as sin, using every legal trick in the book to extend their life or to get released on some legal technicality.

Second. You specifically neglected to mention WHY he was denied this DNA test. That's like saying "a nun was arrested!" But neglecting to mention that said nun robbed a liquor store. All you mention is that the judges are conservative. A dirty and underhanded tactic. In an attempt to divide people on political lines and to say "they're conservative so CLEARLY they are denying him a DNA test for BS reasons because they just want to kill someone because they are EEEEEEEEEEEEEEEEEEEEVVVVVVIIIIIIIIIIIIIIIILLLLLLLLLLLLLLL"

You sir, are the one that is disgusting.
 

senordesol

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Kendarik said:
girzwald said:
This is OT but. So lemmie get this straight. If I linked a news story from fox news as a source. Id be laughed and shunned off these forums. But a link from "thinkprogress" is cool? /shrug
I could have sworn I commented on the one sided post right about your post...oh wait, I did.

Second. You specifically neglected to mention WHY he was denied this DNA test.
Read the links, its in there.
Don't know about what you found, but the links the OP provided don't include why the evidence is being disallowed that I read.

Help a brother out?
 

VincentR

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senordesol said:
Kendarik said:
girzwald said:
This is OT but. So lemmie get this straight. If I linked a news story from fox news as a source. Id be laughed and shunned off these forums. But a link from "thinkprogress" is cool? /shrug
I could have sworn I commented on the one sided post right about your post...oh wait, I did.

Second. You specifically neglected to mention WHY he was denied this DNA test.
Read the links, its in there.
Don't know about what you found, but the links the OP provided don't include why the evidence is being disallowed that I read.

Help a brother out?
The only thing I can find so far is the Alaska case link in the first article OP linked to; the article on William Osbourne has a (clearly snipped so it can look how the article wants it to look) quote "unnecessarily overthrowing the established system of criminal justice."

I'm trying to find that actual case so I can see what the judge ACTUALLY said, in full context, but so far, navigating the Supreme court website is.. hell.

I'll get back to you if/when I find it, unless someone else beats me to it.

EDIT: Found this, so far.

http://articles.cnn.com/2009-06-18/justice/rapist.dna_1_dna-testing-post-conviction-access-biological-evidence?_s=PM:CRIME

The article itself claims that the court said inmates cannot use a Federal Civil Rights Law to press for advanced DNA testing that was unavailable at the time of the crime.

So I guess, maybe, that the same thing applies/could be applied to, the man in Alabama. Bah, law and politics both get so unnecessarily convoluted.
 

Macgyvercas

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Let me just throw this out here, I support the death penalty...but only when it's done right.

That being said, this is completely and utterly wrong. In order to sentance a person to death, you need to be damn sure that they indeed are guilty, and if that certainty only comes pending a DNA test, by Talos, you do the fucking test. I may be a cynical jerk at times, but I'd rather see money spent than see someone killed without the state getting all the facts.
 

girzwald

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Kendarik said:
girzwald said:
This is OT but. So lemmie get this straight. If I linked a news story from fox news as a source. Id be laughed and shunned off these forums. But a link from "thinkprogress" is cool? /shrug
I could have sworn I commented on the one sided post right about your post...oh wait, I did.

Second. You specifically neglected to mention WHY he was denied this DNA test.
Read the links, its in there.
Seeing how the OP went in such great detail in how the court case was BS and how the guy was getting screwed youd THINK that he would bother to list the supposedly BS reason why he was denied his DNA test. Oh but I know why he didn't. Probably because it would hurt his argument. Which is why I didn't bother.

And nope. The link DOES NOT state why he was denied the DNA test. All the OP did was quote most of the think progress article verbatim.

So thank you for vindicating my my thoughts about the OP and think progress. Which proves you are either a liar because you never went to the link yourself, or went and knew it wasn't there but hoped nobody else would check.
 

VincentR

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Oh. Well, that's why I usually stay out of things I don't fully understand. Somehow I missed all those highlighted word links inside the OP's first link.

Anyhow; thanks for the clarification Kendarik.
 

aashell13

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I'm going to take this opportunity to remind everyone of the CSI effect. The mere fact that a DNA test was not done does not necessarily mean that a conviction is invalid. This is not to say that justice has been done in the case of Mr. Arthur, merely that we should not proceed immediately from "they won't do a DNA test" to "He's obviously innocent but the cheapskate rednecks want to kill him anyhow".
 

OuroborosChoked

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This just in: the justice system is less fair in conservative states.

Somehow I'm not at all surprised that a state in the south just wants to get down to the killin' YEEEHAAAW!!

The only shocker in this story is that the soon-to-be victim isn't black...
 

DarkRyter

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I'm an expert on the justice system in the Southern states.

Mr.Arthur might be able to get by if he challenges the prosecuting to a banjo duel. However, a prosecutor assigned such a high profile case must be very experienced and is likely a banjo master.

If he's going to stand a fighting chance, he's going to have to unlock the 8 inner banjo gates.

It could be dangerous though. Last guy who opened the 8th gate was never able to play banjo again from his injuries.
 

Lunar Templar

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uh huh ....

why dose this not surprise me at all ....


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

oh right -.- that's why....
 

BabyRaptor

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girzwald said:
This is OT but. So lemmie get this straight. If I linked a news story from fox news as a source. Id be laughed and shunned off these forums. But a link from "thinkprogress" is cool? /shrug
Fox "News" has bee proven over and over to do nothing but lie, and have openly admitted that all they care to do is mislead people. They brag about only parroting Republican talking points, and their focus is demeaning the President.

Yeah. When some other news organization so openly flaunts their assholicness and willingness to deliberately lie to people who stupidly trust them for profit, we'll start ragging on them like we do Fox. Until then....