| Secret_Agent_Man |
11-30-2005 01:48 PM |
Clemency
Quote:
Originally posted by Mmmm, Burger (C.J.)
So, one lead story today is that Mark Warner granted clemency to a convicted murderer on the ground that DNA evidence that might have cleared him was destroyed. Fair enough. But the effect was to commute the death sentence into a sentence of life without parole. Why does that make sense? If the DNA evidence could clear him, why should he still be stuck in prison for life because the prosecutor chucked possibly exculpatory evidence?
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Well, here's my initial take. The result is fair because:
The issue is not one of prosecutorial misconduct during trial, etc., but rather a situation in which new technology would enable better testing of the evidence (and thus _possibly_ generate some exculpatory evidence).
This was a felony-murder case (murder during an armed robbery). The Defendant acknowledged snatching the cash-box, but always claimed that someone else had stabbed the clerk. No way he skates for that, plus, it was not shown that the initial trial and conviction were unfair. In any event, the participation of someone else wouldn't necessarily clear the Defendant.
The initial DNA testing on the bloody knife was inconclusive -- neither cleared nor implicated the Defendant. The better DNA testing developed in the interim might well have resolved that issue. By the time it was ordered by a Court, a court employee had improperly had the evidence destroyed rather than storing it for the duration of all appeals.
I suspect that this failure by the court system was what motivated Judge Starr to be part of this guy's appellate defense team. I think this is a fair result, all things considered, and I am glad that Warner had the balls to commute this sentence.
S_A_M
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