Actual Innocence: When Justice Goes Wrong and How to Make It Right

Media:	Mass Market Paperback
Author:	Jim Dwyer, Peter Neufeld, Barry Scheck
Publisher:	Signet Book
Release date:	06 March, 2001
Our price:	$7.50

Actual Innocence: When Justice Goes Wrong and How to Make It Right

Average rating: Stars

Jerry Layne Rogers, Sr. -- clearly wrongfully convicted

Jerry Layne Rogers, Sr. -- a clearly wrongfully convicted and innocent man: I am his former investigator from 1989 - 1992:

Mr. Rogers's case consisted in 1992 of at least 80 boxes of documents, from court files, prosecutor and law enforcement files, trial and evidentiary hearing transcripts, etc. Mr. Rogers's case was the largest and most complicated that CCR [The Office of Capital Collateral Representative -- a state agency in the judicial branch of Florida government] has ever represented.

The second largest and most complicated was that of Mr. Gerald Stano, whose lead attorney during most of the development of his case was Mark E. Olive.

In 1995, Mr. Rogers began receiving pro bono representation from the Washington, D.C. law firm Covington and Burling. The result was an unanimous FSC 26 page opinion ordering a new trial in Mr. Rogers's case due primarily to prosecutorial misconduct, in particular Brady v. Maryland violations.

To read the opinion, go to www.flcourts.org, then to Opinions, then to the year 2001, then toward the bottom on February 15, 2001, one will find the FSC opinion.

During the summer of 2002, Mr. Rogers was re-convicted, however sentenced to life upon the jury recommendation. Now twice Mr. Rogers has been wrongfully convicted.

Oral arguments in the Rogers case at the 5th District Court of Appeal in Volusia County was held on April 6, 2004 -- the 5th DCA in early May 2004 voted three to zero against Mr. Rogers -- thus the next court of appeal was the Florida Supreme Court.

On March 1, 2005, the Florida Supreme Court declined to accept jurisdiction and thus denied the petition for review. No motion for rehearing will be entertained. Five justices out of seven voted.

Thus at this time, unless Federal review is sought, Mr. Rogers, an innocent man, will be incarcerated for the rest of his life.

Actual Innocence: When Justice Goes Wrong and How to Make It Right - Jim Dwyer, Peter Neufeld, Barry Scheck

A Terrifying Look At The Criminal Justice System

What does a person do when he/she has actual innocence, but he/she is convicted of a crime? Let's explain actual innocence. We are talking about the cases when a person has nothing to do with a crime and is not connected to the crime in any way, not about a technicality, but about a person just like the reader of this book who has absolutely nothing to do with a crime. This is, you must admit, a terrifying situation. However, it happens again and again. Read the book "Bloodsworth" as a good true story on how this kind of thing happens.

How does this happen? Unfortunately, it happens too easily. One reason is because eyewitness testimony is incredibly unreliable and almost never reaches the quality of proof beyond a reasonable doubt. But this is not properly explained to juries by the judges or prosecutors because too many cases rely on eyewitness testimony and if the truth be known then prosecutors would not be able to get enough convictions to satisfy the publics thrist for revenge when a crime has occurred.

One way out of this mess is DNA, but only when DNA is available and only when the lead is pursued. In the case of Bloodsworth, mentioned above, who was 100% actually innocent, he finally got out of the mess after almost ten years of living hell and only because a good lawyer found a small amount of DNA.

How many innocent people are in prison because of ridiculous eyewitness testimony and where there is no way out without a good lawyer and some DNA?

Jim Dwyer, Peter Neufeld, Barry Scheck - Actual Innocence: When Justice Goes Wrong and How to Make It Right

A Must Read

This book is a must read for attorneys and non-attorneys alike. It is a terrifying glimpse at the criminal justice system. However, it is not without hope. The authors have several suggestions about improving the sad state of affairs, and if the book is read by enough people involved in the criminal justice system, it may work!

Bookstore Stores