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 31 
 on: February 20, 2009, 03:23:55 PM 
Started by Sydney Carton - Last post by Sydney Carton
  We are not committing ourselves,as yet,to his innocence claims but almost anyone who reads here will want to seriously consider the case of Captain Douglas Prade of Akron,Ohio which  I have,for now,posted under the Raymond Towler thread.
   The Ohio Court has just now again denied Prade's application for advanced DNA testing.Previous DNA and polygraph tests,as far back as 1998,were already favorable to the defendant.He hopes that new DNA testing will prove the identity of his wife's real killer.

 32 
 on: February 20, 2009, 03:15:01 PM 
Started by prometheus - Last post by Sydney Carton
  Eighteen Northeastern Ohio inmates who are currently seeking DNA testing.We will no doubt be hearing about than one of them in future Innocence Project reports.
   This  case (just in today)is defnitely among the most interesting.Captain  Douglas Prade of the Akron Police Force was convicted ten years ago of his wife's murder.The forensic evidence consisted of a set of lower teeth marks which the State's forensic expert said were those of the defendant.However,the teeth marks had also torn the victim's coat and saliva drippings were found.DNA testing was applied.It absolved the defendant and his expert stated  that the defendant was incapable of administering the bite wounds,but there were parallels.The jury convicted despite the evidence of an alibi witness that she had been with the defendant working out at at the gym during the entire period of the killing.
   There is also a somwhat blurred video tape of the murderer in the parking lot where the crime was committed.This, apparently, shows a much smaller and lighter person(possibly a woman) than Captain Prade. The prosecution successfully argued that appearances can be deceiving.
    Prade also passed a police polygraph test;but the prosecution relies on a penciled list (allegedly compiled  some weeks before the shooting) which details  how he could spend his wife's insurance money.
    During the last eight years Prade has repeatedly appealed  to have advanced forensic tests
applied to the parking lot tape and the DNA specimens.It is hoped that the current state of DNA science will identify Mrs.Prade's real killer.
    He lost again yesterday on the grounds that,if acccepted,the DNA evidence as analyzed ten years ago,already proved that he was innocent.The jury didn't buy it then so the court doesn't have to accept it as conclusive now.The teeth marks pointed one way,the DNA another.The jury took the bets and made its choice.
   If accepted as precedent,this Ohio decision could preclude all further re-litigation of convictions obtained in the full face of favorable ,(even seemingly conclusive)forensic evidence.
The court would not appear to have addressed the further issue that the DNA could, at the present time,not only exclude Prade but truly identify a third party.
   The Innocence Project has nearly fifty cases on its Ohio platter,but sooner or later  the country is likely to be hearing more about this one.
   February 18, 2009
UPDATED: 1:20 pm EST February 18, 2009


AKRON, Ohio -- The 9th District Court of Appeals has denied a convicted killer's renewed application for post-conviction DNA testing.

Douglas Prade was found guilty in 1998 of the aggravated murder of his ex-wife, Dr. Margo Prade. He was sentenced to life in prison.

Prade had appealed twice before to have new DNA testing done, but in a decision issued Wednesday, the court said he was ineligible for post-conviction DNA testing in part because definitive DNA testing had already been conducted.

Court records show Prade had DNA exclusion evidence submitted at the time of the trial, but the jury convicted him despite those results.

Prade's attorneys argued that new methods in DNA testing could identify the perpetrator of Prade's murder.

The court upheld its decision because it said prior testing excluded Prade as the source of DNA evidence retrieved at the time of the crime, but other evidence at his trial supported his conviction.

The court also said Prade received a prior definitive test based on the same biological evidence he plans to resubmit.

 33 
 on: February 20, 2009, 03:49:23 AM 
Started by wyg3035411 - Last post by wyg3035411
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 34 
 on: February 20, 2009, 03:49:02 AM 
Started by wyg3035411 - Last post by wyg3035411
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 35 
 on: February 20, 2009, 03:48:42 AM 
Started by wyg3035411 - Last post by wyg3035411
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 36 
 on: February 19, 2009, 07:29:23 PM 
Started by Sydney Carton - Last post by hp4578
Hippocracy can certainly be found almost everywhere.

 37 
 on: February 19, 2009, 04:20:56 PM 
Started by Sydney Carton - Last post by Sydney Carton
   According to this website TimTyson is a race hustler whose book contains numerous fraudulent misrepresentations of the alleged incidents which he has hocked  to Hollywood.
We are not taking sides in this unresolved dispute as that would be as vile as what Tim Tyson did to the Duke Boys.
  However,Tyson has yet to deny the allegations and the blog is up to over 50,000 hits.Particularly disturbiing is the display of a handwritten contract which Tyson signed  with the now dead man whom he accuses of murder in his book.(An all white jury acquitted.)
   http://timothybtyson.com/index.html

   Thanks to DIW.

 38 
 on: February 19, 2009, 01:54:32 PM 
Started by Sydney Carton - Last post by Sydney Carton
 A summary and a link to the full(just-issued) 246 page report will be found here.
     http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=12589
   Thiis is the first concentrated scientific effort  at national level to not only  acknowledge but to actually attempt to effect national change in the ever accelerating rate of proven false convictions which we regularly document here.
   The forensic proponents will be facing massive resistence by the entrenched prosecutorial powers at both federal and multiple state levels.And( as we know from the cases recorded here)fifteen to twenty years is the average time a fortunate innocent person spends getting a fake murder conviction reversed.
   While the number of American and British prosecutors and forensic "experts" who have ever  done even a day's time for the legal outrages  which they have perpetrated can easily be tallied on two hands.
   Nevertheless the entrenched prosecutorial system has never encountered such an intellectual  task force as that which is massing against them  now,and we just could see some real wins for justice a few years down the road.

 39 
 on: February 19, 2009, 01:27:05 PM 
Started by Sydney Carton - Last post by Sydney Carton
  "The Rev. William Barber, president of the state chapter of the NAACP, said Wednesday more needs to be done to prevent prosecutors from wrongly targeting innocent people.

"The James Johnson case was never a case about the Willises versus James Johnson," Barber said. "The case was about James Johnson versus an arrogant system of injustice."

   "NAACP officials spent Wednesday morning telling stories of others who had been convicted in North Carolina. Some, like Alan Gell, had been sentenced to die for crimes they were later found to have not committed. Gell was acquitted in 2004 of a 1995 killing after it was revealed prosecutors had withheld key evidence during his original trial.

 "A complaint with the State Bar is still in progress against Wilson County assistant district attorney Bill Wolfe, whom the Johnsons have accused of prosecutorial misconduct. Barber has said he's hoping the NAACP's national office will assist them in fighting what he sees as injustices in the state's legal system." (For full story see "James Johnson" over in the Current Cases section.)

SC:
   
      " The Rev. William Barber, president of the state chapter of the NAACP, said Wednesday more needs to be done to prevent prosecutors from wrongly targeting innocent people."
   That's not the way Barber told it during the Duke riots but it's good to know that he has now experienced  a truly radical change of heart and that he will,no doubt, shortly be joining with the players to haul  Nifong and  other criminally culpable individuals before the bar of North Carolina justice.
   Our archives hold a considerable backlog on this Man of God.For sheer venom and  inaccuracy his statements  probably equal anything printed in the "respectable" press about this
case.

 40 
 on: February 19, 2009, 01:16:55 PM 
Started by Sarah - Last post by Sydney Carton
   http://heraldsun.southernheadlines.com/state/6-1100589.cfm

NC man once accused of murder marks end of ordeal
By MARLON A. WALKER : Associated Press Writer
The Associated Press
Feb 19, 2009

GOLDSBORO, N.C. -- James Johnson's plea Monday to a felony charge in connection with the death of a 17-year-old Wilson girl marked the end of his legal ordeal surrounding the case.

Johnson entered an Alford plea to a misprision of a felony charge, meaning he does not admit guilt but acknowledges prosecutors may have enough evidence to convict him. No judgment goes on his record.

But he and his family said the battle with the legal system that wrongly jailed him more than three years continues for anyone who may face what's taken him nearly five years to overcome.

"We can't let it end there," said Johnson's father, Arthur Johnson. "If you just say it's over because of Monday, by Tuesday you're right back where you started from."

Brittany Willis, police said, was kidnapped at gunpoint on June 28, 2004, from a shopping center parking lot. Authorities found the 17-year-old's body the next day at a construction site. She had been raped and shot twice.

Then-16-year-old Kenneth Meeks showed up to the Johnson family home the night of Willis' murder in a sport utility vehicle James Johnson said he didn't recognize. From there, the two drove to the construction site where the girl had been killed. Johnson was shown the teen's body.

But after he told authorities of what he'd been told and saw, the finger was pointed back at him. He was jailed more than three years on murder, rape and kidnapping charges in Willis' death.

Meeks eventually was sentenced to life without parole in Willis' death. He later recanted his story to authorities that James Johnson had a part in the slaying, going as far as to write the local paper with the information.

Johnson's charges were eventually dropped in September 2007, but a special prosecutor given the case charged Johnson with accessory after the fact for his role in the incident. The prosecutor claimed Johnson wiped his fingerprints off Willis' vehicle.

"I was tired of the court system," Johnson, now 22, said at a prayer vigil marking the end of his nearly 5-year ordeal. "Even if it was a 99-percent chance I'd get off, that one percent ... scared me. I've already seen (my family) through glass for three-and-a-half years."

He said he intended to fight the charges to the end, but fear of going back to the same place he says he was wrongly held for more than three years pushed him to accept the plea agreement. He had been released in September 2007 when a judge reduced his $1 million bond.

Johnson was barely an adult when he was jailed on murder charges in July 2004. Now, he says, he plans to use his story to help other teens going down the wrong road.

"Being in jail, I realized some of the traps some of the young brothers fall into," he said. "I want to give them an outlet. I want to open their eyes."

The Rev. William Barber, president of the state chapter of the NAACP, said Wednesday more needs to be done to prevent prosecutors from wrongly targeting innocent people.

"The James Johnson case was never a case about the Willises versus James Johnson," Barber said. "The case was about James Johnson versus an arrogant system of injustice."

NAACP officials spent Wednesday morning telling stories of others who had been convicted in North Carolina. Some, like Alan Gell, had been sentenced to die for crimes they were later found to have not committed. Gell was acquitted in 2004 of a 1995 killing after it was revealed prosecutors had withheld key evidence during his original trial.

A complaint with the State Bar is still in progress against Wilson County assistant district attorney Bill Wolfe, whom the Johnsons have accused of prosecutorial misconduct. Barber has said he's hoping the NAACP's national office will assist them in fighting what he sees as injustices in the state's legal system.

SC:
      " The Rev. William Barber, president of the state chapter of the NAACP, said Wednesday more needs to be done to prevent prosecutors from wrongly targeting innocent people."
   That's not the way Barber told it during the Duke riots but it's good to know that he has now experienced  a truly radical change of heart and that he will,no doubt, shortly be joining with the players to haul  Nifong and  other criminally culpable individuals before the bar of North Carolina justice.
   See "Where Are They Now" over in the Duke case file for starters on our considerable backlog of Barber materials.

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