Finally...Justice

Hello Everyone--

Yes, it has been another long gap since I have posted anything--sorry.  Suffice to say I have been busy both with work, and with family--but let's get on with more exciting news!  

Kareem Lane was finally found Not Guilty by a jury in Columbus, GA, for the tragic murder of school superintendent Jim Burns.  

• I say finally, because this was a cold case prosecution for a murder that happened in 1992.  
• I say finally because this was the second time Mr. Lane had been tried for this case.  In 2012 the jury had deadlocked 10-2 in favor of acquittal.  
• I say finally because Mr. Lane was arrested for this crime in 2009.  He was incarcerated for two and a half years, from the time of his arrest until the end of the first trial.  
• I say finally because the prosecution sat on this for another year+ before finally deciding this January to retry Mr. Lane.  
• I say finally because due to this case, Mr. Lane and his wife Carol have been unable to live anything approximating a normal life for over 5 years.  

If you have read some of my entries from 2012, you know that I played an active (albeit small, pro bono) role in Mr. Lane's defense.  Although I am not normally a criminal defense lawyer, I was uniquely situated to assist GA attorney Stacey Jackson defend Mr. Lane and fight this injustice.  In doing so, I became very familiar with the (lack of) evidence against Mr. Lane, and I was shocked that the DA's office even considered bringing this to trial.    

There's an expression that "Justice Deferred is Justice Denied."  I think that there is a lot of truth to that.  Mr. Lane, his wife, his entire family have had to live with this burden for years.  There is no doubt that this case has forever changed the course of his life.  However, I have to say that after 5 years of fighting, to finally hear the words "Not Guilty" was awfully sweet to me.  I can only imagine how it felt for the Lane family!  Justice may have been deferred for far too long, but in the end Mr. Lane was finally vindicated.  He can go home.      

Unfortunately this case will not draw much media attention outside of Columbus, GA.  This is a shame.  This is such a ridiculous example of prosecutorial overreach, perhaps even misconduct?  I know that is a strong assertion, and winning such a case is terribly difficult, but I have many reasons for saying this.  Perhaps this shall be topic of another blog entry?  Regardless of whether I ever decide to grind that ax publicly, I am happy to say that finally, after 5+ long years, an innocent man walks free.  I am so glad that I saw justice served.  Finally!  

Politics v Justice

Well, election season is on us, and the good folks of Ohio may well be the people to decide for the entire country whether Barack Obama or Mitt Romney is President. I'm not going to dedicate time here tonight to argue whether the Electoral College is still the best plan. Instead, I will spend a few minutes talking about when politics affect legal decisions.

Last month I was deeply involved in a murder trial. If you read some of my posts, you know that it ended in a hung jury, 10-2 in favor of acquittal. As of yet no decision has been made as to whether or not the defendant in this case will be re-tried. He is out on a much smaller bond, but his future is still in limbo. Will he have to defend himself again? Should he even have to?

This case has always been political in nature. The victim was the Superintendent of schools in a smallish town, that had seen its share of racial division and corruption. He was an outsider that had been brought in to "clean up" the town, and also implement Brown vs Board of Education, which was long overdue. He had his run-ins with the School Board, and they wanted him gone. He ended up dead less than 24 hrs before a controversial meeting was to take place,

The defendant, a 17 year old high school student at the time, had no connection to the victim, the Board, or even the community. His family had recently relocated there. Neither he, nor his parents, were part of these controversies. Yet, due to some circumstantial evidence that placed him near the scene of the crime at approximately the same time as the murder, he became a person of interest. He was investigated, and dropped as a suspect, twenty years ago.

The problem is that now there is a D.A. that is aggressively trying to clean up cold-cases. The defendant was asked to give a DNA sample, which he did. The State got an arrest warrant on the strength of a "DNA match." This so-called match not only proved later to not be a match, it tended to show that the defendant could NOT have been the killer.

Nevertheless, the D.A. pursued this case with a fervor. She fought to make sure the defendant's bail was unattainable ($1M), and insisted in taking this matter to trial even when the lab that suggested there could be a match came back with a report saying there was not one.

Why would someone do this? Well, it may just be a coincidence, but the D.A.'s name has made a lot of headlines with her high-profile prosecution of this and other cases. Oh, and she is up for re-election in a couple weeks.

Since the hung-jury, she has kept silent about the case, and has let the Assistant D.A. who was the lead here take all the criticism. As for whether or not the Defendant would be re-tried? No word. No one is expecting anything until after the election. If her challenger wins, everyone expects the case will be dropped. If she wins, she may re-try it? Who knows?

The sad thing is that the victim's family is no closer to justice than they were twenty years ago. The defendant--a real person, with a wife, with hopes for a family, with hopes for regaining his life--sits and waits. This is not justice, and justice should never have to be put on hold due to someone's political aspirations.