A selection of news stories from the previous week. (Follow the links embedded in the following summaries to read more detailed news stories about each case.)
Lost: Thanks to Radley Balko’s dogged investigations, we now have the video evidence that shows Steven Hayne and Michael West falsifying evidence in Jimmie Duncan’s case, video that prosecutors originally refused to turn over to Duncan’s lawyers, video that the trial judge had inexplicably ruled contained “no exculpatory evidence favorable to the defendant.” There’s no telling how many innocent people have been harmed by Hayne and West, because even though the Missippi government has downgraded their trust in the alleged perjurers, officials still refuse to acknowledge there may have been a serious problem and refuse to review the many cases the duo worked on. Hayne in fact is still giving testimony in Missippi courts. (See also Rogier van Bakel’s post on the case and Radley Balko’s update.)
Found: The Dallas County, TX district attorney’s office is reviewing dozens of cases filed by a particular group of officers, after evidence suggests they may have lied in order to convict a man. None of the officers has been accused of any criminal misconduct, and they all remain on regular duty. However, still reeling from a scandal in 2001, in which fake drugs were planted on dozens of innocent people by police informants, the D.A. is clearly trying to make good on this case. (Or at least to look like he’s making good.)
Lost: Missouri Judge Richard Callahan chastised prosecutor Kenny Hulshof for withholding exculpatory evidence and presenting evidence that was clearly false in a case that sent Joshua Kezer to prison for 17 years. Judge Callahan ordered Kezer released, but Hulshof stated that he is still “confident in the jury’s verdict.” Radley Balko notes that Hulshof will likely suffer little from this incident, just “a few days of bad press. Kezer will certainly never see a dime from Hulshof, thanks to the absolute immunity afforded to prosecutors—even in cases where they knowingly withhold exculpatory evidence… As Hulshof’s own career trajectory shows, a string of high-profile convictions can launch a promising career in politics and, in Hulshof’s case, the lifetime lucre that comes with having once held federal office… Every incentive points to winning convictions at any cost, and there’s rarely any personal or professional sanction for cheating.”
Found: The police of Murfreesboro, TN decommissioned officer Finess Brown after his wife accused him of assaulting her. The incident is still under investigation. But kudos to the Murfreesboro police department for taking this charge seriously, because we don’t need potentially violent hotheads protecting our streets.
Lost: In Seattle, WA, Lt. Donnie Lowe was given a prestigious assignment, helping to guard President Obama, with Chief Gil Kerlikowske, after his drunk-driving arrest. Some officers believe that if Lowe had been a rank-and-file officer, he would have been reassigned or barred from such a prestigious mission. This after Lowe reportedly “has in recent years garnered internal disciplinary records for incidents that include a controversial arrest and striking his own son while the teenager was in a police holding cell. In the latter case, Lowe, who was off duty, was found to have used his authority to gain access to the cell, yet he did not receive harsh discipline.”
Found: In Cle Elum, WA, Officer Shayne Poole was arrested for drunk driving after he went off the road and into a ditch. Police Chief Scott Ferguson said that “Poole is no longer employed with CEPD.”
Always watching!
-TimK
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