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Freed by DNA, Now Charged in New Crime
NY Times ^ | November 23, 2005 | MONICA DAVEY

Posted on 11/23/2005 3:20:01 AM PST by Pharmboy

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What a conundrum...the poster boy gone bad.
1 posted on 11/23/2005 3:20:03 AM PST by Pharmboy
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To: Pharmboy

Memo to the Left:

Don't you hate when that happens?


2 posted on 11/23/2005 3:22:05 AM PST by samtheman
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To: Pharmboy
Seems those who would free rapists, especially those convicted with eye witness corroboration, never seem to acknowledge that a condom may have been used by the rapist and the victim may have had consensual sexual relations with someone else. Sperm can remain alive in the cervix for 48 hours.

These Project Innocence outcomes are not always in the name of innocence or justice.

3 posted on 11/23/2005 3:37:57 AM PST by OldFriend (The Dems enABLEd DANGER and 3,000 Americans died.)
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To: Pharmboy

Makes you wonder if one day they'll find an error in the DNA test which proves that it's not as certain as they think it is?


4 posted on 11/23/2005 3:42:31 AM PST by Falcon4.0
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To: Pharmboy

if the DNA evidence was for a different human being then he was not guilty....of course the cops probably picked him up as he was one of "the usual suspects" as he probably was and still is a 'dirtbag'. or.....years of having to bend over for his bigger, meaner roomie screwed up his head (along with other things).

either way it is not at all unbelievable to me.


5 posted on 11/23/2005 3:44:57 AM PST by Vaquero ("An armed society is a polite society" R. A. Heinlein)
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To: Vaquero

Yep...I'm sure he had priors.


6 posted on 11/23/2005 3:47:19 AM PST by Pharmboy (The stone age didn't end because they ran out of stones.)
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To: Pharmboy
"This case has blown us away," Stephen M. Glynn, a Milwaukee lawyer who has represented Mr. Avery in a $36 million civil lawsuit against the former prosecutor and former sheriff in the original sexual assault case, said of the new charges against Mr. Avery. "I haven't taken that hard a punch in a long, long time."

Why that's...that's...$12,000,000 contingency up in smoke as we speak! Drat! And I could have found some McDonalds coffee drinker to represent! Drat, again!

7 posted on 11/23/2005 3:48:49 AM PST by stevem
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To: Pharmboy
18 years in prison for a crime you didn't commit is enough to leave anyone bitter, half deranged and thoroughly trained to think and act only as the criminal you were labeled.

So9

8 posted on 11/23/2005 4:05:10 AM PST by Servant of the 9 (Trust Me)
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To: Pharmboy
Advocates for the falsely convicted face the uncomfortable consequences of success now that a man exonerated in a sexual assault has been charged with murder.

What's "uncomfortable" about it? In this country, we're supposed to imprison people for crimes they commit, not for crimes we think they might someday commit.

Now fry the bastard if he's guilty of murder and lets move on to the next one.

9 posted on 11/23/2005 4:07:09 AM PST by RogueIsland
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To: stevem
Why that's...that's...$12,000,000 contingency up in smoke as we speak! Drat! And I could have found some McDonalds coffee drinker to represent! Drat, again!

You got that right! It was probably just like seeing someone toss your winning lotto ticket into the fire!

10 posted on 11/23/2005 4:09:33 AM PST by Mobilemitter (We must learn to fin >-)> for ourselves.........)
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To: Pharmboy

Reminds me of a story about two Club Gitmo releases who were found the other day making trouble again.


11 posted on 11/23/2005 4:10:54 AM PST by sgtbono2002 (The Dems are willing to throw the game in Iraq, just to embarrass President Bush)
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To: Pharmboy
Advocates for the falsely convicted face the uncomfortable consequences of success now that a man exonerated in a sexual assault has been charged with murder.

So we should leave the falsely convicted in prison because they might commit other crimes if they were out?

I'm not "uncomfortable" about releasing wrongly convicted prisoners. If they commit other crimes and get properly convicted, then they can do the time for those.

12 posted on 11/23/2005 4:16:48 AM PST by TheGhostOfTomPaine
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To: OldFriend
Seems those who would free rapists, especially those convicted with eye witness corroboration, never seem to acknowledge that a condom may have been used by the rapist and the victim may have had consensual sexual relations with someone else. Sperm can remain alive in the cervix for 48 hours.
That's nice, but this sort of speculation does seem to fall a little short of the beyond-a-reasonable-doubt standard we require the State to meet before we let it put someone behind bars.
13 posted on 11/23/2005 4:19:38 AM PST by TheGhostOfTomPaine
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To: Falcon4.0
Makes you wonder if one day they'll find an error in the DNA test which proves that it's not as certain as they think it is?
It doesn't need to be "certain" in acquitting an accused criminal. It just needs to raise a reasonable doubt.
14 posted on 11/23/2005 4:21:17 AM PST by TheGhostOfTomPaine
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To: OldFriend
Seems those who would free rapists, especially those convicted with eye witness corroboration, never seem to acknowledge that a condom may have been used by the rapist and the victim may have had consensual sexual relations with someone else. Sperm can remain alive in the cervix for 48 hours.

If you had bothered to read the article you would of found the facts were that the DNA from the pubic hair found on the woman came from another man who is now serving time for another sexual assault. So the rapist was really someone else.

15 posted on 11/23/2005 4:25:13 AM PST by Joe Miner
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To: Joe Miner
I was making a general comment about Project Innocence.

Not voicing an opinion on this particular case.

16 posted on 11/23/2005 4:46:07 AM PST by OldFriend (The Dems enABLEd DANGER and 3,000 Americans died.)
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To: Joe Miner
If you had bothered to read the article you would of found the facts were that the DNA from the pubic hair found on the woman came from another man who is now serving time for another sexual assault. So the rapist was really someone else.

Oh, there are several people on FR with a surreal level of unease of the idea that anyone innocent has ever been imprisoned, and and weird hatred of the Innocence Project, who routinely try to concoct kooky scenarios to convince themselves that everyone the Innocence Project is freeing is actually guilty. I'm surprised "Chimeras" haven't been rolled out on this thread.

The reality is DNA has convicted a heck of a lot more people than it's freed, and if people want to create weird fantasy scenarios to posit the people being freed DNA evidence are guilty, then that opens the door to the idea that the far greater number of people convicted largely on DNA evidence could be freed by positing equally kooky and unlikely scenarios.

17 posted on 11/23/2005 4:55:52 AM PST by Strategerist
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To: Servant of the 9

I would bet that this was not his first crime...although I do not dispute that false imprisonment is an unholy nightmare.


18 posted on 11/23/2005 5:07:40 AM PST by Pharmboy (The stone age didn't end because they ran out of stones.)
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To: Pharmboy

Here in IL, with the exception of Daley's convictions of the Ford Heights Four, and Daley's conviction of the Bible rapist, most convictions of the innocent occur when a prosecutor "frames" a loser with a record to improve the prosecutor's win-loss record and to give closure to the family of the victim and to the press who are clamoring for the police and prosecutor to "do something".

Rolando Cruz is the best example. He was a loser and pothead. But not a murderer. He was a frequent informant to States Attorney Jim Ryan and the county sheriff. It was in that role that the officials knew that he was innocent but also knew that they could frame him and get away with it because no jury would believe that loser, which was true.

Daley is the exception in that while he was Crook County States Attorney and Mayor-in-waiting he knowingly framed people who were not losers.

The above comments on the innocent who were convicted in IL is not to be confused with the convictions of the guilty that were overturned on technicalities. Both types of situations exist in IL. Those who get off on a technicality take advantage of the publicity given the truly innocent.


19 posted on 11/23/2005 5:12:07 AM PST by spintreebob
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To: Pharmboy

Since he had a prior history of violence, makes you wonder how many people (and animals) were spared over his 18yrs in prison....including his daughter.


20 posted on 11/23/2005 5:15:13 AM PST by nuconvert (No More Axis of Evil by Christmas ! TLR) [there's a lot of bad people in the pistachio business])
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