-Caveat Lector- In a message dated 2/1/01 8:40:43 PM Central Standard Time, [EMAIL PROTECTED] writes: > The criminal was represented by a multi-partnered law firm with prior > experience in capitol cases and an excellent reputation. In an attempt to find more details about the Johnson case, I came across another interesting case where Ronnie White dissented (along with another justice). It is quite revealing. http://venus.soci.niu.edu/~archives/ABOLISH/rick-halperin/apr00/0204.html (one of several articles on page) This editorial is the 4th in a week long series by Bill Freivogel of the St. Louis Post-Dispatch on executing the innocent in Missouri. Coffee with a dead man DEATH ROW Robert Morgan had coffee with his friend Leonard Walters on Thursday morning, Feb. 20, 1997. Later that day Mr. Morgan saw Mr. Walters standing next to his car. What happened that winter day wouldn't matter except that Leonard Walters and his wife, Lena, were supposed to be dead. Missouri plans to execute Dannie Wolfe for murdering the Camden County couple shortly before Mr. Walters and Mr. Morgan were having coffee. Despite the discrepancy, the Missouri Supreme Court recently affirmed Wolfe's death sentence. Judges Michael A. Wolff and Ronnie White dissented, saying there was "substantial doubt" about Wolfe's guilt. The case has many telltale signs of the 13 wrongful convictions discovered in Illinois -- no physical evidence, police and prosecutorial irregularities, a self-interested witness and a jailhouse snitch. Not a drop of blood was found on Wolfe's clothes though he allegedly shot Mr. and Mrs. Walters at point-blank range. The story actually began the night before Mr. Morgan and Mr. Walters met for coffee. That evening, at a pool hall, Jessica Cox met Wolfe, a house painter with a 20-year criminal record. Ms. Cox ended up at Wolfe's motel. Ms. Cox's fiance testified she called him at 7 a.m. He checked the time on his Caller ID. She said she had been kidnapped, was at the hospital for tests and that the kidnapper had been arrested. The fiance and most of town quickly figured out the story was false. Ms. Cox admitted involvement in the Walters murders. She made a deal to testify against Wolfe in return for immunity. Police did not record her first statement and erased another, which is irregular police conduct. At the trial, Ms. Cox testified she and Wolfe had left the motel around 4:30 a.m., going to buy the Walterses' Cadillac. On a test drive, Wolfe shot Mr. Walters in the head from behind. Then Wolfe went into the house, murdered Mrs. Walters and emerged carrying a large safe. But Mr. Morgan was having coffee with Mr. Walters at about the same time and saw him again, later that day. This suggests the murder occurred a day later, which is more consistent with autopsy results. Ms. Cox also testified she called her fiance from the hospital around 9:30 a.m., two and one-half hours after he got the call. Moreover, she had said in a pretrial statement that "they" -- not he -- carried the safe out of the house. That pronoun is significant because a roommate filed an affidavit saying Ms. Cox had told her that 2 men, Brian and Eric, had committed the murder. The roommate did not show up at trial and the judge denied a recess to find her. The judge also kept from the jury evidence impeaching Ms. Cox. Ten years before the trial, when Ms. Cox was about 12, her false claim of having been kidnapped caused a man to be arrested. The other witness against Wolfe was a jailhouse informer who cut a deal. The prosecution violated court rules by failing for six months to disclose the informer as a witness. When the defense found out, it discovered another prisoner who said a man named "Terry" had planned to rob Mr. and Mrs. Walters. Terry and Ms. Cox were seen together near the time of the murders. The judge excluded mention of Terry. The state Supreme Court said it had to view the evidence in the light most favorable to the jury's verdict. Judge Wolff, in dissent, said the court should look at all the evidence, not just the evidence supporting the verdict. If the court finds the evidence weak, it should reverse the death penalty. "This review is not just for the defendant, it is for ourselves," he wrote. "The honorable reputation of our legal system is tarnished by ordering the execution of those who may not be guilty." (source: Editorial, St. Louis Post-Dispatch) Rick Halperin AI-Texas -------- Samantha <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance�not soap-boxing�please! 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