Gathering no Moss at The Sibyl Speaks is well worth perusing. Particularly for anyone who believes in justice.
Jeffrey Deskovic speaks about Judge Sonia Sotomayor’s direct actions on putting procedure over innocence, that resulted in Deskovic spending an additional six years in prison for a crime for which he was ultimately proven innocent. Some background on Deskovic.
I served 16 years in prison for a murder and rape that took place in NY. All 16 years, I fought to prove my innocence. At the innocent age of 16, I was arrested based upon a coerced false confession obtained from me following 7 1/2 hours of police interrogation. I was convicted DESPITE DNA evidence which showed that semen found inside of the victim did not match me. In addition, hair found on the victim did not match me. I was sentenced to 15 years to life, notwithstanding the judge commenting, “Maybe you are innocent.”
Through a twist of fate In 2005, a letter I had written was delivered to anti-death penatly activist and amateur investigator, Claudia Whitman. She suggested that I re-contact the Innocence Project and she urged them to take my case. Six months later, they took my case and obtained permission from the new district attorney to take the crime scene DNA and compare it to the state DNA database. The previous district attorney had refused prior requests to run further DNA tests. As of a result of comparing the DNA to the state data base, the actual perpetrator was located.
A Supreme Court Nomination Stirs Up Bad Memories. Paperwork arrived four days late after confusion of a filing deadline from his own attorney and a court clerk. But Judge Sonia Sotomayor did not find this important enough.
“We have considered all of petitioner-appellant’s remaining arguments and find them to be without merit,” the ruling said.
Really?!? Deskovic had DNA evidence proving his innocence, but Sotomayor did not feel this was sufficient to reopen his case, leaving him in jail for an additional six years. Deskovic is not the only person to wonder why procedure would take precedence over an innocent man’s false imprisonment.
Law and logic would dictate that the rule of law must be adhered. However, judges are given leeway to exercise appropriate judgment over matters that affect larger issues. Sotomayor, despite all of her prestigious education and experience, and her attention to following the letter of the law, ruled on a large flaw without taking due consideration into mind. Had she done so, then Deskovic would not have spent more time in jail. Will the Senate confirmation hearings elucidate her rationale then and now?
Is Sotomayor Supreme Court material?
Jeffrey Deskovic Speaks About Judge Sotomayor
July 9, 2009
See:
0 responses so far ↓
There are no comments yet...Kick things off by filling out the form below.