Armed Polite Society
Main Forums => Politics => Topic started by: roo_ster on February 20, 2015, 08:26:31 AM
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http://www.reuters.com/article/2015/02/17/us-usa-illinois-exoneration-lawsuit-idUSKBN0LL20P20150217?feedType=RSS&feedName=domesticNews
Exonerated man files $40 million lawsuit against Northwestern University
A wrongfully convicted man filed a $40 million lawsuit on Tuesday against Northwestern University, a former journalism professor, a private investigator and an attorney, accusing them of framing him for a double murder to get another man released.
Alstory Simon, 64, of Ohio, claims in the lawsuit that he was the victim of unethical tactics by a team focused on freeing another man in what became a celebrated Illinois wrongful conviction case.
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Simon "has endured and will continue to endure immense and
immeasurable, emotional and physical, pain and suffering, all of which was proximately caused by defendants' misconduct," said the lawsuit filed in U.S. District Court in the Northern District of Illinois.
Another man, Anthony Porter, was originally convicted of the murders, and sentenced to death but was released after Simon's confession.
Porter's release was an early victory for Innocence Project programs that work to overturn wrongful convictions. His and other cases eventually spurred Illinois to abolish the death penalty.
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Fabricated evidence, threats and other illegal and deceitful tactics were used to coerce a false confession from Simon, according to the lawsuit.
Innocence Project not so innocent it seems. Do they still count Porter's release as a "win?" Do they count Simon's release as a "win" too? Is a coerced confession good when it serves the interests of the IP? Two exonerations for the same crime, even if the IP has to railroad one of the guys to make it happen. Bravo IP, bravo.
Do note how the Innocence Project's name is buried, sort of like a corrupt policritter's political affiliation when the policritter is a Democrat.
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http://www.innocenceproject.org/Content/Steven_Avery.php
On September 11, 2003, a joint motion to dismiss the charges brought by the Manitowoc District Attorney’s Office and the Wisconsin Innocence Project was granted and Avery was released.
On October 31, 2005, 25-year-old Teresa Halbach, a free-lance photographer, came to Avery’s salvage yard in Mishicot, Wisconsin, to photograph a vehicle there. She was attacked, raped and murdered....
Investigators found her bone fragments in a pit, Avery’s and her blood in her vehicle and two guns hanging above Avery’s bed. A rifle was linked to a bullet found in Avery’s garage with Halbach’s DNA on it. Avery and his nephew, Brendan Dassey, were convicted in separate trials and were both sentenced to life in prison.
There's a lot of speculation that Avery was railroaded into his 1st conviction because the local authorities knew he was a bad seed, suspected him in other cases, but couldn't make anything else stick at the time. Innocence project got him released, and within 2 years, he committed a horrendous rape/murder/corpse dismemberment.
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Based on a physical description of her attacker, police provided a photo array of nine men. Beernsten selected the photograph of 22-year-old Steven Avery, who was arrested the following day at his home in Two Rivers.
At trial in Manitowoc County, Beernsten identified Avery as her attacker. A state forensic serologist testified that a hair recovered from a shirt of Avery’s was consistent with Beernsten’s hair.
Allen bore a striking resemblance to Avery.
Granted this may be a biased account, but these statements do not add up to "beyond a reasonable doubt". Also points out the failure of police line ups. Everyone in the line up should have resembled Avery.
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Reading the article, I am curious about the "coerced" confession and how that was done.
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Reading the article, I am curious about the "coerced" confession and how that was done.
I've read about this instance before.
They had investigators pretend to already have "proof" of his guilt and offered him a deal for his confession that would save him from prison time and get a book deal:
http://www.chicagotribune.com/news/ct-anthony-porter-murder-investigation-met-1031-2-20141030-story.html#page=1
They hired an actor to be a "witness" in a video they showed him. And then "kindly" provided him with their own lawyer to "help him out."
Hey, it's ok, though. Have to break a few eggs to make an omlett.
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It's always bugged me (a lot) that LEO's can lie to you, but don't you dare try to shade the truth to them.
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Living in Manitowoc, I've heard a LOT about Avery
Have had several cops say that his being "railroaded" was because they knew he was bad, but couldn't get anything to stick.
Call me callous, but I do NOT want such a system in place. You can't prove it, the person shouldn't go to jail. Period
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Living in Manitowoc, I've heard a LOT about Avery
Have had several cops say that his being "railroaded" was because they knew he was bad, but couldn't get anything to stick.
Call me callous, but I do NOT want such a system in place. You can't prove it, the person shouldn't go to jail. Period
just as bad, if not worse, the case gets closed and the real perp is no longer sought out.
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Agreed
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Reading the article, I am curious about the "coerced" confession and how that was done.
http://en.wikipedia.org/wiki/Reid_technique
This technique received unfavorable publicity because of the Michael Crowe case, where a 14 yo was accused of a crime and isolated from his parents during long term interrogation. He "confessed" to killing his sister.
The real killer was found later.
http://en.wikipedia.org/wiki/Murder_of_Stephanie_Crowe,
etc.
While this involved a juvenile, the techniques involved are commonly used.
Terry
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(https://farm8.staticflickr.com/7329/16600499651_0b8cb8b484_o.jpg)
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^ "Am I under arrest? Am I free to go?"
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"...fight with him too. We're very private people."
(https://armedpolitesociety.com/proxy.php?request=http%3A%2F%2Fi1.ytimg.com%2Fvi%2FSyzBBjrlUy8%2Fmaxresdefault.jpg&hash=a927c8c2547409574d13ce7ed5729cdc1fd32917)
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Living in Manitowoc, I've heard a LOT about Avery
Have had several cops say that his being "railroaded" was because they knew he was bad, but couldn't get anything to stick.
Call me callous, but I do NOT want such a system in place. You can't prove it, the person shouldn't go to jail. Period
Most "railroading", I suspect, happens because law enforcement agents genuinely believe the guy is guilty.
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A lot of evil is done because people "genuinely believe" this or that or the other thing.
"We know he stole those horses, so let's string him up now."
The judge in the Crowe case threw out the confession and found the three kids involved not guilty for lack of factual evidence, which was a rare thing.
I watched some vids of both the interrogation and a later interview (after the kids were released) with the Officer involved in the interrogation. I could not watch all of the interrogation... if there are two things I can't stand, they are abuse of kids and unfairness in general.
The Officer involved was so smilingly self-righteous in justifying his use of the Reid Technique that it was disgusting. I am by no means "anti cop," but I was getting pretty mad at this guy, watching the interview. It was as if he were a predator going after the weakest member of the herd.
Some States require the videotaping of these interrogation sessions. Don't know offhand if this is a result of the Crowe case or not.
Yes, Virginia, there are such things as extorted confessions.
I "genuinely believe" that.
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I'm cornfused. Straighten this out for me.
2 people wre murdered in 1982. Porter was originally convicted of the crime. Around '98 or '99, Innocence Project cons Simon into confessing in an effort to exonerate Porter. This succeeds, Porter was released and Simon was jailed. But Simon was eventually released when it was determined he had nothing to do with it.
Is that right?
Do we know who really murdered those people back in '82? Was it Porter all along?
Who coerced Simon to confess? Was it the police, or was it Innocence Project?
What does Innocence Project have to say for themselves? Do they deny it? Do they not care? Do they think they're doing good work getting peoplle off death row, even it if means putting innocent people behind bars?
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just as bad, if not worse, the case gets closed and the real perp is no longer sought out.
True. Had a case like that many years ago when I was working in New haven, CT. A young woman named, IIRC, Penny Sera (Serra?) was murdered in a parking garage. Cops early on decided they "knew" who did it ... but they couldn't prove it. They harassed the guy for years, and basically destroyed his life (akin to Richard Jewel and the Atlanta bomb incident). This went on for something like 20 or 25 years.
Just a few years ago I came across an article relating that they finally caught the killer, through DNA. And it wasn't their prime suspect. In fact, it wasn't anyone they had even fleetingly suspected. It was a cab driver mechanic.
http://blogs.courant.com/capitol_watch/2008/07/anthony-golino-falsely-accused.html
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I'm cornfused. Straighten this out for me.
2 people wre murdered in 1982. Porter was originally convicted of the crime. Around '98 or '99, Innocence Project cons Simon into confessing in an effort to exonerate Porter. This succeeds, Porter was released and Simon was jailed. But Simon was eventually released when it was determined he had nothing to do with it.
Is that right?
Do we know who really murdered those people back in '82? Was it Porter all along?
Who coerced Simon to confess? Was it the police, or was it Innocence Project?
What does Innocence Project have to say for themselves? Do they deny it? Do they not care? Do they think they're doing good work getting peoplle off death row, even it if means putting innocent people behind bars?
I don't know on the first. It appears it was the Innocence Project and a lawyer they hired to supposedly represent him that extorted the confession if I read the links above right. I don't recall seeing a statement from the Innocense Project.
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Most "railroading", I suspect, happens because law enforcement agents genuinely believe the guy is guilty.
Yes. The Ends Justify the Means has justified a lot of evil in human history. I don't think most people realize just how often that type of choice comes up in daily life.
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I don't know on the first. It appears it was the Innocence Project and a lawyer they hired to supposedly represent him that extorted the confession if I read the links above right. I don't recall seeing a statement from the Innocense Project.
It's not really clear to me, what exactly did the IP do to force the guy to falsely confess? It's hard for me to grok how a non-state actor would be in a position to do that, absent some type of criminal actions.
ETA from the article:
As part of a Northwestern University investigative journalism class he taught in 1998, then professor David Protess instructed his students to investigate Porter's case and find evidence of Porter's innocence, "rather than to search for the truth," the lawsuit said.
The lawsuit alleges that Northwestern, through Protess and private investigator Paul Ciolino, intentionally manufactured false witness statements against Simon.
Fabricated evidence, threats and other illegal and deceitful tactics were used to coerce a false confession from Simon, according to the lawsuit.
The lawsuit also said that attorney Jack Rimland was hired by Northwestern, through Protess and Ciolino, to represent Simon, and that Rimland coerced Simon to plead guilty, lied about the strength of the evidence against Simon, withheld witness testimony implicating Porter and threatened Simon.
How was the IP involved in Northwestern's activities? I don't see where they had any involvement in the shady side of this?
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How was the IP involved in Northwestern's activities? I don't see where they had any involvement in the shady side of this?
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=david%20protess%20innocence%20project
The article is playing a game of "guess the party" but in this case, it's "guess the non-profit affiliation". The journalist agrees with the goals of the Innocence Project and so is shielding them by naming the specific people who were acting on behalf of the Innocence Project without naming the organization.
From their own web page:
www.chicagoinnocenceproject.org
David Protess, Chicago Innocence Project President
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So it was the Innocence Project who coerced the phony confession from Simon, right, not the police? (Why would the police try to force a confession on a case that's been closed for years?)
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https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=david%20protess%20innocence%20project
The article is playing a game of "guess the party" but in this case, it's "guess the non-profit affiliation". The journalist agrees with the goals of the Innocence Project and so is shielding them by naming the specific people who were acting on behalf of the Innocence Project without naming the organization.
From their own web page:
www.chicagoinnocenceproject.org
Meh, sounds like the Brady Campaign saying a mass shooter was an NRA member so he was acting on their behalf.
And I still want to know how a non-governmental entity went about forcing a false confession.
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Meh, sounds like the Brady Campaign saying a mass shooter was an NRA member so he was acting on their behalf.
Ummm... no. The article hides the fact that the <edit> FOUNDER and PRESIDENT OF THE INNOCENCE PROJECT was using his class in support of the Innocence Project.
http://www.nytimes.com/2011/06/18/business/media/18protess.html?pagewanted=all&_r=0
“He is in the hall of fame of investigative journalists in the 20th century,” said Mark Feldstein, an associate professor of media and public affairs at George Washington University. “Using cheap student labor, he has targeted a very specific issue, and that work has reopened cases, changed laws and saved lives.”
EVERY case the Innocence Project has taken on has been with students from his class. It's not a "oh, and he also works for the Innocence Project on the side". This is how he worksed for the Innocence Project.
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Ummm... no. The article hides the fact that the <edit> FOUNDER and PRESIDENT OF THE INNOCENCE PROJECT was using his class in support of the Innocence Project.
http://www.nytimes.com/2011/06/18/business/media/18protess.html?pagewanted=all&_r=0
EVERY case the Innocence Project has taken on has been with students from his class. It's not a "oh, and he also works for the Innocence Project on the side". This is how he worksed for the Innocence Project.
You seem pretty emotional about this.
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You seem pretty emotional about this.
Not really. I was just trying to highlight the role that Mr. Protess plays in the Innocence Project. That wasn't shouting, it was emphasis.
IF I HAD POSTED THE WHOLE OF THE POST IN ALL CAPS, THEN IT MIGHT HAVE BEEN SHOUTING. I was just trying to explain that you were taking a mistaken view (by design) from the leading of the article.