Many of us remember watching the Lone Ranger when we were children. Every Saturday morning, there he would be, fighting the evil men and bringing justice to the West. He was a Texan in the most mythical sense of the word. He never shot a person directly, but always managed the impossible feat of only shooting the gun out of their hands, or at most a very very slight flesh wound. The people he pursued were always guilty, but he always made sure to have the real facts of a situation so that he might not make a mistake.
Unfortunately, the real Texas is quite the opposite of what the Lone Ranger stood for. From the Associated Press today:
DALLAS — A man who served 30 years in prison for a rape and robbery he did not commit had his conviction overturned Tuesday after having served 30 years in prison, more time than any other DNA exoneree in his state.
Cornelius Dupree Jr., 51, was formally cleared of the aggravated robbery with a deadly weapon conviction that had kept him behind bars from December 1979 until July 2010. He served 30 years of his 75-year sentence before making parole in July. About a week later, DNA test results came back proving his innocence.
“It’s a joy to be free again,” Dupree said after the ruling in a Dallas courtroom.
Dupree is the longest-serving DNA exoneree in Texas, which has freed 41 wrongly convicted inmates through DNA since 2001 — more than any other state. …
“. . . more than any other state.” Those 41 wrongly convicted inmates are but the tip of the iceberg. The Innocence Project has very limited resources. Sadly, many people do not give to them, and even more sadly, there are people who will still argue that they are but a liberal group trying to destroy the foundations of our justice system. Because of their limited funding, the Innocence Project is only able to take on cases in which there is clear DNA evidence available and where the facts of the case already point to a conviction based strictly on limited circumstantial evidence. For obvious reasons, death penalty cases take first priority
So, how many people could still be proven innocent if there were sufficient funds? Who knows, nobody is sure, but it would be a much larger number. Sadly, even after the multiple reversals of convictions, many states will still not go back and look for cases with available DNA evidence that could not be tested back then, but could be tested now. You see, justice is not quite as important as we say it is, or we would devote needed funds to the search for inappropriately convicted people.
Meanwhile, it would be nice to see a declaration by the current Texas governor that, given that Texas leads the USA in convicting innocent people, he will request funds from the Legislature to do a thorough search of Texas records for possible innocence cases and will commit the state to do DNA testing in cases in which such evidence is available, was never tested, and where the conviction was only through circumstantial evidence and limited witness statements. Father Orthoduck will even suggest that death penalties should be put on hold until there is a full review of all death penalty convictions to ensure that there is clear evidence for that conviction.
Finally, for all you Texans that have been boasting about the quick justice of your state, please quit your boasting now.
“given that Texas leads the USA in convicting innocent people” does not logically follow from the fact that Texas has FREED 41 innocent people. THAT is more than any other state. Further, that the Innocence Project of Texas has been so successful here does not logically prove that “Texas leads the USA” in wrongful convictions. That would require that all states were given the same attention to this problem as Texas. Texans support this effort to exonerate the innocent and we are working on it.
There are 43 states (including Texas) that have DNA access laws. Here is what Texas law allows:
“Any convicted person, or the guardian of a convicted person on their behalf, may apply for post-conviction DNA testing through the convicting court.”
Here is what Alabama (not among those 43 states) allows:
“Any person imprisoned for a capital offense may apply for post-conviction DNA testing, provided that no DNA testing was performed at the time of trial. Testing will be approved only if the results could show factual innocence. The reviewing court may also deny such testing if it believes the original outcome would not have been affected by the presence of the test results. Identity must have been at issue at the initial trial. Individuals have one year to file a petition from whichever is later: the law’s passage or their conviction.”
You can read more at the Innocence Project website:
http://www.innocenceproject.org/news/LawView2.php
So Ernesto, How do you feel about the laws in your state? What is your issue with Texas? I did live in Alabama at one time and did not notice they were especially immune from wrongful convictions. How about raising money to support the Innocence Project in your state? Now what is that saying about the “log in your own eye”?
By the way, we would love to have you and Denise visit us here in San Antonio at any time. I think you would like it here.
Your long time friend and brother in Christ, eric+
And, yes, as you can see from the address Father Orthoduck posted on the next comment, we have TWO innocence organizations in Alabama, one of them an Innocence Project affiliate. They are both working on changing the law from just capital crimes to any crime.
Father Orthoduck can always reword to say that the fact that Texas has the largest number of overturned convictions of any state is evidentiary data that points to the strong probability that Texas has also convicted the largest number of innocent people. Therefore, the State of Texas should consider reviewing those cases in which there is available DNA evidence and in which such evidence would exonerate the person currently serving a sentence.
However, let Father Orthoduck post the interpretation of the Texas law according to current Texas law. You will see that in spite of the apparent broadness of the law, in practice it is handled the same as Alabama law, except that non-death penalty cases are included.
“The court is not required to order DNA testing in every case. Instead, testing is authorized only in those cases where the evidence exists, and the chain of custody indicates it has not been altered, substituted, or tampered with. Additionally, the court must find that identity was or is an issue in the case, and that a reasonable probability exists that the person would not have been prosecuted or convicted if favorable results had been obtained. If all those things are found, the court can order DNA testing.”
Alabama does not have an Innocence Project organization. You need to start one.
A little research would have produced this website:
http://www.ipoftexas.org/index.php?action=who-we-are
The Innocence Project of Texas is a 501(c)(3) non-profit organization dedicated to securing the release of those wrongfully convicted of crimes in Texas and educating the public about the causes and effects of wrongful convictions. We operate out of our organizational headquarters located in Lubbock, Texas, but we evaluate claims of innocence made by individuals convicted of crimes across the state. On average, we receive more than 150 letters each week from individuals requesting our assistance on innocence cases. We currently have more than 1500 cases in line for investigation.
In order to give each case in our queue the attention it deserves and to spread the word about wrongful convictions, we utilize the power of volunteer members, who donate their time to help out those suffering behind bars for crimes they did not commit. While many of these members are law students, lawyers, private investigators, and paralegals, others are ordinary citizens who are committed to improving Texas’s criminal justice system. These members work under the supervision of the organization’s Board of Directors and leadership, and they put in thousands of volunteer hours each year.
The Alabama Innocence Project
PO Box 230723
Montgomery, AL 36123-0723
Equal Justice Initiative of Alabama
122 Commerce St
Montgomery, AL 36104-2538
http://www.eji.org/eji/
I apologize for my mistake in research. I’m pleased to hear Alabama has organizations that are working for the same goal. I relied on the Project Innocence website:
http://www.innocenceproject.org/about/Other-Projects.php
Texas is among 43 states that have a DNA Law. Alabama DOES NOT. Texans are giving volunteer time and funds to The Innocence Project of Texas. Their efforts on behalf of the wrongfully convicted are recognized, appreciated and supported. There is NO Innocence Project of Alabama. Read the AP article again. Texas leads all other states in freeing the wrongfully convicted NOT in wrongful convictions. This is a good thing don’t you agree?
http://www.innocenceproject.org/about/Other-Projects.php
Why pick on Texas when the problem is nationwide. Your prejudices are showing again.
Well, for one thing, Texas leads the nation in executing people and doesn’t seem to be very concerned whether or not every stone has been upturned in the pursuit of due process prior to that happening. Quite the opposite, it seems. Not unlike South Carolina, but worse.
Well, if you lead the nation in people found innocent and in people executed, that is not precisely a bias is it? I would have “picked on” whichever state had the highest number of innocent people found guilty. Sometimes a banana is just a banana. Mind you, if it had been Arizona, there might have been a reason to accuse me of some bias.
I wish I had opted to become a priest so I could have enough free time to run a political blog. I hope the flock isn’t suffering.
Then I guess that it is a good thing that they do not pay me! I work a secular job as a Medical Technologist as well as being a part-time adjunct professor, and freely donate my time to the parish to which I am currently assigned as assistant. In my previous mission parish, where I was head priest, I worked two secular part-time jobs, and the parish nearly tripled in size in three years, while I kept blogging.
I would suggest that you now go to your priest for confession, since you obviously have both pre-judged me and posted a note intended to denigrate and that shows a complete misunderstanding of the life of a priest. While we are available 24/7, there is no requirement that all our activities be focused on the parish. In fact, we also have deanery and diocesan and national responsibilities that must be fulfilled. And, we are allowed to do something that is ours. From where do you get the idea that every waking moment of a pastor’s life must be spent solely on the local flock?
Sorry. My research only went as far as the Project Innocence website that shows no affiliates. Glad to see Alabama is working on this problem too.
Orthoduck has a long way to go before he becomes so partisan he’s at the same level as R. L. Dabney in equating his Christian ministry with a particular social and political side. He does blog about other things.