jamesrwright3 said:
I am not going to go back through them all. The DP is justifiable on a number of fronts.
Well let's say it is justifiable, (I don't happen eto think so but moving past that) that still does not adddress the crux of the issue with it which is; wrongful convictions and the potential for executing the wrong person:
Cases of Innocence
1. David Keaton Florida Conviction 1971 Charges Dismissed 1973
On the basis of mistaken identification and coerced confessions, Keaton was sentenced to death for murdering an off duty deputy sheriff during a robbery. The State Supreme Court reversed the conviction and granted Keaton a new trial because of newly discovered evidence. Charges were dropped and he was released after the actual killer was identified and convicted. (Keaton v. State, 273 So.2d 385 (1973)).
. Wilbert Lee Florida Conviction 1963 Pardoned 1975
4. Freddie Pitts Florida Conviction 1963 Pardoned 1975
Although no physical evidence linked them to the deaths of two white men, Lee and Pitts' guilty pleas, the testimony of an alleged eyewitness, and incompetent defense counsel led to their convictions. The men were sentenced to death but maintained their innocence. After their convictions, another man confessed to the crime, the eyewitness recanted her accusations, and the state Attorney General admitted that the state had unlawfully suppressed evidence. The men were granted a new trial (Pitts v. State 247 So.2d 53 (Fla. 1971)) but were again convicted and sentenced to death. They were released in 1975 when they received a full pardon from Governor Askew, who stated he was "sufficiently convinced that they were innocent." (Florida Times-Union, 4/23/98).
5. James Creamer Georgia Conviction 1973 Charges Dismissed 1975
Creamer was sentenced to death for a murder allegedly committed with six other individuals who were sentenced to life. (Cobb Superior Court, Cobb County, Georgia, Certified record) After an investigation by the Atlanta Constitution, a federal judge declared that the prosecution had withheld and destroyed evidence, a witness admitted she had lied in court, and another man confessed to the crimes (Emmett v. Ricketts, 397 F. Supp 1025 (N.D. Ga. 1975)). The convictions against all seven men were overturned, and charges were later dropped. An appellate judge in a related case stated that all seven individuals in this case were sentenced to life. The Clerk of the Cobb Superior Court has certified that Creamer alone was originally sentenced to death. Creamer was resentenced to life in prison in September 1973.
6. Christopher Spicer North Carolina Convicted 1973 Acquitted 1975
In 1975, a North Carolina jury acquitted Christopher Spicer of the murder of Donnie P. Christian. Spicer was convicted of the crime in September 1973, but the conviction was overturned the following year by the North Carolina Supreme Court. (State v. Spicer, 204 SE 2d 641 (1974)). At Spicer's trial, the State offered the testimony of Charles Pennington, a jailhouse snitch. Although the defense introduced two witnesses who testified that Pennington and Spicer were never cell mates, Pennington testified that Spicer admitted to the crime while he and Spicer shared a cell. After sharing this "confession" with police, Pennington's bond was reduced from $5,000 to $400 and he was released from jail.
In overturning Spicer's conviction, the North Carolina Supreme Court held that the trial judge committed reversible error by not allowing defense counsel to cross examine Pennington "to discover whom the witness was indebted for such favors and to ascertain to what extent the favors colored his testimony against Spicer." Id. at 646. Defense counsel tried to question Pennington as to who was paying the living expenses of Pennington and his wife, neither of whom was working at the time.
The court also found that the trial court committed reversible error when it "succeeded in pressuring the defendant and his counsel into withdrawing the request for an appropriate instruction" with regard to how the jury should scrutinize the testimony of another witness for the State, Bertie Brailford. (Id. at 648). At Spicer's retrial, the jury took only 15 minutes to unanimously acquit him. (Wilmington Morning Star, February 21, 1975).
--------------------------------------------------------------------------------
1976
--------------------------------------------------------------------------------
7. Thomas Gladish New Mexico Conviction 1974 Charges Dismissed 1976
8. Richard Greer New Mexico Conviction 1974 Charges Dismissed 1976
9. Ronald Keine New Mexico Conviction 1974 Charges Dismissed 1976
10. Clarence Smith New Mexico Conviction 1974 Charges Dismissed 1976
The four were convicted of murder, kidnapping, sodomy, and rape and were sentenced to death. A subsequent investigation by the Detroit News uncovered lies by the prosecution's star witness, perjured identification given under police pressure, and the use of poorly administered lie detector tests. A state district judge dismissed the original indictments and the men were released after the murder weapon was traced to a drifter from South Carolina who admitted to the killing. (Detroit News Magazine, 1/11/76 and Detroit News, 12/16/75).
--------------------------------------------------------------------------------
1977
--------------------------------------------------------------------------------
11. Delbert Tibbs Florida Conviction 1974 Charges Dismissed 1977
Tibbs was sentenced to death for the rape of a sixteen-year-old white girl and the murder of her companion. Tibbs, a black theological student, was convicted by an all-white jury on the testimony of the female victim whose testimony was uncorroborated and inconsistent with her first description of her assailant. The conviction was overturned by the Florida Supreme Court because the verdict was not supported by the weight of the evidence, and the state decided not to retry the case. Tibbs' former prosecutor said that the original investigation had been tainted from the beginning and that if there was a retrial, he would appear as a witness for Tibbs. (Tibbs v. State, 337 So.2d 788 (Fla. 1976)).
--------------------------------------------------------------------------------
1978
--------------------------------------------------------------------------------
12. Earl Charles Georgia Conviction 1975 Charges Dismissed 1978
Charles was convicted on two counts of murder and sentenced to death. He was released when evidence was found that substantiated his alibi. (State v. Charles, No. 23,392 (Ga. Super. Ct., 7/5/78)). After an investigation, the district attorney announced that he would not retry the case. Charles won a substantial settlement from city officials for misconduct in the original investigation.
13. Jonathan Treadaway Arizona Conviction 1975 Acquitted 1978
Treadaway was convicted of sodomy and first degree murder of a six-year-old and sentenced to death. The conviction was overturned, and he was acquitted of all charges at retrial by the jury after 5 pathologists testified that the victim probably died of natural causes and that there was no evidence of sodomy. Members of the jury reported noted that prosecutors had failed to prove that Treadaway was even inside the victims' home. (State v. Treadaway, 568 P.2d 1061 (1977))
88. Frank Lee Smith Florida Convicted 1985 Charges Dismissed 2000
Frank Lee Smith, who had been convicted of a 1985 rape and murder of an 8-year-old girl, and who died of cancer in January 2000 while still on death row, was cleared of these charges by DNA testing, according to an aide to Florida Gov. Jeb Bush. After the trial, the chief eyewitness recanted her testimony. Nevertheless, Smith was scheduled for execution in 1990, but received a stay. Prosecutor Carolyn McCann was told by the FBI lab which conducted the DNA tests that: "He has been excluded. He didn't do it." Another man, who is currently in a psychiatric facility, is now the main suspect. (Washington Post, 12/15/00 (AP) and St. Petersburg Times (Florida) 12/15/00).
WHEREAS, considering the totality of the circumstances, a gross miscarriage of justice occurred, and agents of the state and local law enforcement officials cooperated in that miscarriage, either negligently or deliberately
http://www.leg.state.fl.us/data/session/2001/Senate/bills/billtext/pdf/s0292.pdf#search='Frank%20Lee%20Smith'