An agonizing tale from the injustice system

Driving back home yesterday morning after spending Saturday night in Kaaawa, we just happened to tune in to an incredible podcast, the latest episode of the New Yorker Radio Hour: “John Thompson vs. American Justice.”

Here’s their summary.

When police showed up to question John Thompson, he was worried that it was because he had sold drugs to an undercover cop. When he realized they were investigating a murder, he could only laugh: “Shit, for real? Murder?”Thompson was insistent on his innocence, but New Orleans prosecutors wanted a conviction for a high-profile murder, and they were not scrupulous about how they got it. Thompson quickly found himself on death row. Eighteen years later, just weeks before Thompson was due to be executed, his lawyers discovered that a prosecutor had hidden exculpatory evidence from the defense. Thompson had been set up. This was a violation of the Brady Rule, established by the Supreme Court, in 1963, to ensure fair trials. Ultimately, he was exonerated of both crimes, but his attempts to get a settlement from the district attorney’s office—compensation for his time in prison—were thwarted. Though an appeals court had upheld a fourteen-million-dollar settlement, the Supreme Court reversed the decision, declining to punish the D.A. for failing to enforce the Court’s previous decision. Thompson’s case revealed fundamental imbalances that undermine the very notion of a fair trial. Under the Brady Rule, prosecutors must share with the defense any evidence that could be favorable to the defendant. But there is essentially no practical enforcement of this rule. In most states, prosecutors are the ones who hold the evidence and choose what to share, and disclosing exculpatory evidence makes their cases harder to win. We have absolutely no idea how many criminal trials are flawed by these violations.

It’s an amazing job of reporting by New Yorker staff writer Andrew Marantz, his wife, Sarah Lustbader, of the Fair Punishment Project, and producer Katherine Wells. They managed to find and interview the key players in the story, including the unrepentant retired district attorney of New Orleans, whose office carried out this scheme to convict an innocent man.

You can listen to the podcast, or download it for later listening. It will be 55 minutes well spent.


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4 thoughts on “An agonizing tale from the injustice system

  1. Dean

    And this is one of the reasons why I oppose any death penalty.

    Another reason: the possibility of life after death. If it exists, then execution sets that person free.

    Reply

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