The Stigma of a Conviction

I must admit, I was plenty nervous about planning our Freedom March in Boise.  My involvement in the Innocence Movement is so new and fresh; I was concerned that I wouldn't

be able to rally the forces due to inexperience with the issues in this state.

By great fortune, I was contacted by a woman named Darcy Lagana, a passionate justice seeker, who offered to help spread the word and find the right people to address the our state issues. It made it all easier to say yes. This march had to happen in Boise to be effective. I had small vignettes of cases in this state involving wrongful convictions; I wanted to learn more about their stories.  My dedication to this cause began with Raye Dawn however I needed a place to channel the energy of being more effective in righting these wrongs. 

As I truly represent "Joe Q. Public", every turn of this journey has been a surprise - more like a shock.  It was not unusual for me to dismiss a conviction in the local paper thinking that if someone was involved in an illegal act, then their punishment would be mete fairly and justly.  I believed that American Justice was fair, balanced and one of full disclosure; where every person is truly innocent until proven guilty; that their defense attorneys would be fully dedicated and hard working, doing all in their power to ensure that their client would receive the best representation.  I suppose, for me, it was easy to dismiss a conviction because if a judge or jury thought they were guilty, well then the evidence must have been overwhelming and their sentence was surely what they deserved.

It was a privilege to meet the parents, siblings and friends of people who have not received justice in our state.  To hear each story was heartbreaking.  To think that anyone innocent would be violated by the system they trusted would protect them.  To hear of families losing their life savings to right the wrongs of botched and ineffective counsel. To learn that court appointed defense attorneys work for the state along with prosecuting attorneys, who learn that a trial must be held expeditiously to keep costs down.  To hear that 35 million dollars was paid out in CA alone by families who receive collect calls from prison.  To know that judges make judgemental statements early on, in front of juries, which can prejudice them prior to the start of the trial.  Evidence lost.  Evidence tampered with.  Juries coerced and tampered with.  Deals made behind the backs of the attorneys.  

I have witnessed this.  And I am mortified about this lack of humanity towards each other.

The biggest problem that exists is the absolute lack of accountability for this lawless behavior.  In our young lives, we learn accountability early.  Accountability is important for many reasons.  Not only do we show our true character by being accountable for our actions, but we learn through our actions, most often from our mistakes.  Our parents, teachers, employers, friends, neighbors, clients, children, neighbors...  all hold us accountable.  It is much like a carpenter's level - making sure all is fair.  It is a gauge of honesty.  It sets that standard we should all try to live by through our decisions and actions.

Having no accountability allows for the insertion of corruption.  As human beings, we can all be infallible.  There are always people who lack a conscience; people who look to advance their work or beliefs and may do so by altering a situation to their favor.   They may be pressured by others to break rules to keep themselves employed, get themselves elected or have conflicts of interests they don't disclose because of some negative backlash.

The only way to stop wrongful convictions is to make attorneys accountable for their behavior.  If they hide or lose evidence, there will be punishment.  If they don't provide adequate defense or care little for the needs of their client, there will be punishment.  If they don't show up or are unprepared, there will be punishment.  If there is not full disclosure, there will be punishment.

Can this be legislated?  I am not sure.  But I think it is time that is should be.  It is simply wrong for a defendant to be treated with so little care and concern. I understand it is definitely hard to have compassion for a lot of defendants when they are clearly guilty of their crimes.  But in treating people differently, defendants that are innocent suffer egregiously by being railroaded into prison.  This, their reward for trusting their lives to a seriously flawed system they believed would help them.  When they are convicted by such poor representation, often they will spend an average of over 12 years in prison - a loss of their lives, their talent and productivity.  Then there is shock and trauma of being convicted of something they did not do. Who wouldn't be affected by this?  There is also the huge cost to the taxpayer to keep them in prison.  And society continues to live with the REAL perpetrator, walking free on our streets, knowing full well how the justice system REALLY works.

All I ask at this moment is for citizens to listen to the pleas of our innocent who sit in prison praying for justice.  Some are very easy to believe when you review the evidence.  Those people deserve our help. For as long as we allow this system to continue in it's flawed state, we are all guilty. Remember - it truly could happen to you.