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The Search for Justice in the Criminal Trial Process Often Obscured by Official Misconduct

Aug 29 2016
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Prosecutorial, police and expert witness misconduct are a blight on the nation’s adversarial criminal trial process.

The ideal purpose of a criminal trial should be a search for truth and justice, but given the overwhelming competing interests in the outcome of such a trial, a different kind of truth often emerge.

It reminds us of the old rabbi story. The rabbi listens to the husband complaining bitterly about his wife, to which the rabbi replies, “you are right, my son.” The rabbi then listens to the wife’s complaints about the husband, to which the rabbi replies, “you are right, my daughter.” A curious student who has observed the exchanges remarks, “but they can’t both be right,” to which the wise old rabbi replies, “you are right, my son.”

In the context of a criminal trial, famed law professor and criminal defense attorney Alan Dershowitz applied the rabbi story: “… the prosecution is right when it says it is searching for the truth – a certain kind of truth. The defense is also searching for a certain kind of truth. Yet both are often seeking to obscure the truth for which their opponent is searching.”

Truth Not Always Self Evident in Criminal Courts

That is the true nature of the adversarial criminal trial process. Truth is not always self-evident or clearly defined in the trial arena. The search for truth is often shaped and steered by competing circumstances, perspectives and events—and each, by any reasonable doubt measure, can sometimes be true to a certain extent.

False Testimony Shreds the Constitution

But before a criminal trial gets underway, the truth is not subject to such a flexible interpretation as it is in a courtroom. The truth is the truth is the truth—and when the police conceal evidence of the truth, and prosecutors suppress evidence of the truth, and expert witnesses misrepresent the truth, they have ploughed up the level field upon which a constitutionally fair criminal trial should be played out.

The past several weeks have produced undeniable evidence of the human tragedies that occur when the forces of the State undertake concerted efforts to either conceal or obscure the truth before trial in order to secure convictions of innocent defendants at trial.

Conroe Man Released After 18 Years in Prison

Take for example the case of 41-year-old Neal Hampton Robbins, a Conroe man convicted in Montgomery County for the 1998 suffocation of his girlfriend’s toddler. Hampton was sentenced to life imprisonment and spent nearly 18 years in the Texas prison system before the real truth emerged and set him free.

Robbins’ freedom came after a former Harris County associate medical examiner named Dr. Patricia Moore changed her initial finding in the case from homicide to “undetermined” some eight years after Robbins was convicted. The county’s new medical examiner has since concluded that there is “no way” the toddler’s death could have been a homicide.

Defense Lawyer Who Never Gives Up

Houston attorney Brian Wice waged a herculean effort to get Robbins’ released from the wrongful conviction. The attorney made three trips to the Texas Court of Criminal Appeals before finally securing a reversal of Robbins’ conviction.

In the wake of that decision by the appeals court, Montgomery County District Attorney Brett Ligon filed a motion to dismiss the charge against Robbins and the motion was granted by a district court judge. Robbins is now a free man.

Wice told the local media that his client’s conviction was based on “junk science;” that Dr. Moore rushed to judgment with faulty evidence to make the homicide determination—a determination that allowed the prosecution to go forward with the criminal trial.

DA Will Not Concede Innocence, But Dismisses Case

DA Ligon said he dismissed the charge and elected not to pursue a retrial because of insufficient evidence, not because he believed Robbins was actually innocent. Ligon said the child’s mother still believes Robbins is responsible for the death of her child.

Be that as it may, opinions don’t, or certainly should not, count in the decision-making process about whether to prosecute a criminal defendant.

The truth in the Robbins case is self-evident. The state’s own medical examiner witness said she was wrong in classifying the toddler’s death as a homicide and the current medical examiner says there is “no way” the child’s death could be ruled a homicide.

While Ligon’s decision not to proceed with a retrial is laudable, his refusal to accept medical science over circumstantial inference—namely, that because Robbins was alone with the toddler, he had to be responsible for the baby’s asphyxiation—is disturbing.

Flawed Forensic Evidence to Blame for Too Many Wrongful Convictions

The Robbins case underscores a serious problem in the criminal trial process—that prosecutors too often obtain criminal convictions based on flawed forensic evidence, sometimes given by paid “expert” witnesses, who recognize the importance of a conviction for the prosecution, and shape their testimony to continue getting paid.

And, as in the Robbins case, it is sometimes difficult for prosecutors to accept post-conviction evidence of actual innocence in these cases; that their witnesses either misrepresented the truth or fabricated evidence upon which the conviction was based.

Pennsylvania Man Released After 25 Years in Prison

That brings us to the case of Anthony Wright who was convicted and spent 25 years in the Pennsylvania prison system for the horrific rape and murder of a 77-year-old neighbor. Wright was 20 years old when arrested. He was recently released from prison after a jury took less than 90 minutes to acquit him following a retrial.

The New York-based Innocence Project took up Wright’s cause. After a long fight, the group secured DNA evidence which showed that the semen found in the victim belonged to a crack addict named Ronnie Byrd who lived in Pennsylvania at the time of the victim’s murder and who died in a South Carolina prison at age 62.

Despite Newly Discovered Favorable Evidence, State Retries Case, Risks Wrongful Imprisonment

Wright was granted a new trial based on the newly discovered DNA evidence. Despite this indisputable evidence of innocence, the Philadelphia District Attorney’s office elected to retry the case. The second jury wasted little time on the prosecution’s case before finding Wright not guilty.

Wright’s attorney, Samuel W. Silver, was not as forgiving as attorney Brian Wice was toward DA Ligon.

“There’s a lot of false evidence that people ought to be held accountable for,” he told the media. “But the key is the science, and what the Innocence Project did in bringing forth that

science.”

Jurors Say Case was Waster of Taxpayers Money

One juror said the retrial was a “waste of taxpayers’ money” and cost Wright two more years of his life sitting in prison waiting on the retrial.

When asked by a reporter if he wanted an explanation from prosecutors, Wright responded: “These people don’t need to explain nothing to me. Explain why you took me away from my family, a 4-year-old boy, my parents, everybody? I don’t want anyone to explain anything to me. I want somebody to look my son in the face and explain why his dad was gone for 25 years. For what?”

1872 Documented Exonerations

As of this writing, the National Registry on Exonerations reported that there have been 1872 documented exonerations in this country. Most involved some form of official misconduct, much of it knowingly engaged in.

Three Men Release After 20 Years Thanks to Innocence Project

For example, three inmates—Derrick Wheatt, Laurese Glover, and Eugene Johnson—were all released after spending 20 years in the Ohio prison system for a crime they did not commit. The three men—just teens and high school students at the time—were convicted for the 1995 murder of a 19-year-old Cleveland man. Each received sentences of 18 years to life.

Wheatt and Glover were offered at the time of their arrest—and the offer remained on the table throughout their imprisonment—no jail time if they would point a guilty finger at Johnson. They rejected the deal when it was initially offered and steadfastly over two decades of imprisonment refused to take the prosecution up on the offer.

In 2013, the Ohio Innocence Project discovered police reports that contained information about two suppressed witnesses who said the fatal shots were fired from a nearby post office parking lot, not from the truck occupied by the three defendants. The reports also contained information about unknown people who had shot the victim’s brother just days before the victim was killed. There was also information about threats made against the victim the day before he was gunned down.

Neither the prosecutors nor the police involved in the concealment of this information that was patently favorable to the defendants were held accountable for their unlawful actions in failing to disclose this to the defense. The judge who set the three men free did present in court a “blistering critique of the outrageous decision to try [the three men] in the first place.”

Another Pennsylvania Man Sees Opportunity for Release After 24 Years in prison

In yet another Pennsylvania case, the Third Circuit Court of Appeals issued a 227-page opinion reversing the conviction of James Dennis on August 23, 2016. Dennis has spent 24 years in prison for the first degree murder of Chedell Williams. The appeals court found:

“The prosecution failed to disclose to Dennis’s counsel three pieces of exculpatory and impeachment evidence: (1) a receipt revealing the time that [a witness] had picked up her welfare benefits, several hours before the time she had testified to at trial, thus corroborating Dennis’s alibi … (2) a police activity sheet memorializing that [another witness] had given a previous statement inconsistent with her testimony at trial, which provided both invaluable material to discredit the Commonwealth’s key eyewitnesses and evidence that someone else committed the murder … and (3) documents regarding a tip from an inmate detailing his conversation with a man other than Dennis who identified himself as the victim’s killer …”

It is uncertain at this time whether the prosecution will elect to retry Dennis. If it does, we hope a jury will rebuff the effort with a not guilty verdict in his case just as the jury did in the Wright case.

Search for Justice Blocked by Prosecutors Desire for Convictions

With the exception of the Robbins case, all these cases have one thing in common: the prosecution was not committed to a search for truth but rather a pursuit to the quickest path to the conviction of innocent people. They either knowingly allowed prosecution witnesses to commit perjury or they manipulated the truth to secure the guilty verdicts.

Our system of justice is fortunate to have dedicated attorneys like Brian Wice committed to correcting wrongful convictions of innocent people. And the interests of our justice system are served when district attorneys like Brett Ligon can set aside their personal opinions and chose not to prosecute a case in which there is insufficient evidence to convict—as was demonstrated in the Anthony Wright case.

What do these cases collectively illustrate? Years wasted in tortured prison existences, families destroyed, the search for the truth corrupted, and the culprits who brought about these horrific human tragedies allowed to keep their honorable positions to do the same thing all over again.

And that’s the truth!

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    He gave me one of the most honest answers I have received in a very long time about any issue I was having with anything. Legal or not legal. I highly recommend giving him a call and … More will be referring him to friends and family if they have any issues in the future.Positive
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    He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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    Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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    He was very truthful and honest with us very great man I would recommend him and we would use him again
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    I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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    This law frim was informative,great response time ,and the attorney called back not some secretary or legal assistant thank u guys for all your help wish it was more like youPositive … More
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    I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
  • Avatar S A ★★★★★ 4 years ago
    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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