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Man released from prison after DNA wins him new trial in killings of two children
NorthJersey.com ^ | 05.16.07 | Jonathan Casiano and Wayne Woolley

Posted on 07/06/2007 7:36:10 PM PDT by Coleus

More than 19 years after he was convicted for the rape and murder of two children, Byron Halsey walked out of the Union County Jail this afternoon after a DNA test prompted a judge to overturn his verdict. Halsey, who was convicted in 1988, was released on $55,000 bail pending a decision by prosecutors whether to retry him or drop the charges. In a brief press conference with lawyers for the Innocence Project who worked for his release, Halsey was somber and appeared uncomfortable as he faced a cheering crowd, dozens of television cameras and reporters. He said the years in prison were hard on him.

"What was done to me was criminal at best," he said. Asked how he got through his ordeal, he replied, "I wasn't going to let nobody take my life from me." Wearing a white shirt, dark jeans and work boots, the 46-year-old emerged through a green side door of the Union County jail at 2:35 p.m.. He hugged his mother and brother in the afternoon sunshine, hours after Superior Court Judge Stuart L. Peim had granted him new trail. "More nice people around me now than have been around me for a long time," Halsey said softly as he embraced his relatives.

After going back into the courthouse to finish processing for his release -- and changing into fresh clothes -- he took part in a news conference on the courthouse steps. "My grandmother told me if you're innocent, then fight them and the truth will come out," he remarked. Thanking his lawyers, Halsey would not say what his immediate plans were. "I just want to be thankful and pray. I want to go to church and get my Jesus on," he said.

(Excerpt) Read more at blog.nj.com ...


TOPICS: Crime/Corruption; Culture/Society; US: New Jersey
KEYWORDS: capitalpunishment; deathpenalty; dna; murder; rape; respectlife
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1 posted on 07/06/2007 7:36:14 PM PDT by Coleus
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To: Coleus

Good thing he didn’t live in Texas — he’d been executed by now.

Just saying....


2 posted on 07/06/2007 7:37:51 PM PDT by TWohlford
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To: Coleus
I wonder how many people have been wrongly released because of shoddy DNA testing, if any?
3 posted on 07/06/2007 7:43:58 PM PDT by Jaysun (It's like people who hate corn bread and hate anchovies, but love cornchovie bread.)
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To: TWohlford

This is why I can’t support the death penalty any longer. It’s a statistical certainty that we’ve been executing innocent people.


4 posted on 07/06/2007 7:44:49 PM PDT by rickdylan
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To: rickdylan

There’s people on FreeRepublic that think innocent persons executed is acceptable collateral damage. Except when its themselves or their spouse whose the innocent person being executed.


5 posted on 07/06/2007 7:53:29 PM PDT by Zon (Honesty outlives the lie, spin and deception -- It always has -- It always will.)
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To: rickdylan
It’s a statistical certainty that we’ve been executing innocent people.

I think that's a stretch. Given the very long waits on Death Row, the endless rounds of appeals, it seems to me that those who are convicted and sentenced to death have every chance to prove their innocence.

Many people on Death Row have been released after being improperly convicted. That's great. But I am not aware of anyone being determined Innocent after their execution.

Lastly, there is no doubt that people who have escaped the Death Penalty have killed someone later on. The number of dead in those cases is very real. Squeamishness about the Death Penalty and what injustice "could occur" should be balanced (IMO) with the very real tragedies which are known to have occurred because Death was not given.

6 posted on 07/06/2007 7:53:56 PM PDT by ClearCase_guy (Progressives like to keep doing the things that didn't work in the past.)
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To: rickdylan
In a law enforcing country, if life without parole meant life without parole and some do-gooders in congress couldn’t change things then I would be ok with retiring the death penalty too. That said, Every case I’ve followed in Texas has been very cut and dry.
7 posted on 07/06/2007 7:59:37 PM PDT by CindyDawg
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To: rickdylan

DNA evidence is clearing old cases. It would be convicting them now. DNA linking someone to a murder should get them the death penalty.


8 posted on 07/06/2007 8:00:09 PM PDT by tioga (I'll take Duncan Hunter or Fred Thompson for President. Pick one.)
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To: ClearCase_guy

Think about the American South between 1900 and 1950 and then reconsider your assertion.


9 posted on 07/06/2007 8:02:16 PM PDT by G Larry (Only strict constructionists on the Supreme Court!)
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To: G Larry
Absolutely not. My opinion about the 21st century is not going to be formulated on the basis of injustice perpetrated under Jim Crow laws before I was born.

I do not wallow in mistakes made in the past. I use reason to decide reasonable approaches to solving problems in the present.

10 posted on 07/06/2007 8:05:16 PM PDT by ClearCase_guy (Progressives like to keep doing the things that didn't work in the past.)
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To: rickdylan

“This is why I can’t support the death penalty any longer. It’s a statistical certainty that we’ve been executing innocent people.”

I understand the impulse to burn someone at the stake... or skin them alive... or simply kill them... but it never undoes the crime, never brings back the dead, doesn’t deter many criminals or save any money.... and as we’ve seen in recent months, sometimes the system gets it wrong.


11 posted on 07/06/2007 8:16:25 PM PDT by TWohlford
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To: Coleus

I still support the death penalty.
People let out because DNA technology now exonerates them is fine, but new cases will now have the benefit of DNA that would have been unavailable years ago. The people convicted now have a much higher probability of being the perpetrator. I never realized how little DNA it took until a recent local case pointed the finger at a suspect based on a dried drop of sweat presented with the DNA evidence the culprit confessed. At the same time a man convicted 20 years earlier was exonerated and freed. He’d been convicted of the crime the other SOB did.


12 posted on 07/06/2007 8:21:35 PM PDT by BuffaloJack
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To: Jaysun

How does a DNA test prove he is innocent?


13 posted on 07/06/2007 8:22:36 PM PDT by donna (...gay couples raising kids. That's the American way... -Mitt Romney)
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To: CindyDawg
In a law enforcing country, if life without parole meant life without parole and some do-gooders in congress couldn’t change things then I would be ok with retiring the death penalty too. That said, Every case I’ve followed in Texas has been very cut and dry.

I saw one Texas case which to me at least was pretty far from cut and dry i.e. that of Susan Wright. Two things would have prevented me from convicting this woman of anything:

No way that woman gets convincted of anything at all if I'm on the jury.

14 posted on 07/06/2007 8:31:03 PM PDT by rickdylan
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To: donna

And if it DID prove him innocent, why did he have to set bail? That’s odd.


15 posted on 07/06/2007 8:31:35 PM PDT by Hi Heels (Cleverly disguised as a responsible adult.)
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To: donna
How does a DNA test prove he is innocent?

I don't know. I'm just thinking that if they pull out a pair of 20 year old murder victim panties and find a hair in them that doesn't match the prisoner's hair, do they let him go? What if the hair belonged to her boyfriend or her wiener dog? Ya know?
16 posted on 07/06/2007 8:32:03 PM PDT by Jaysun (It's like people who hate corn bread and hate anchovies, but love cornchovie bread.)
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To: Hi Heels
And if it DID prove him innocent, why did he have to set bail? That’s odd.

Maybe there's more to the story that didn't fit the reporters agenda?

17 posted on 07/06/2007 8:35:35 PM PDT by null and void (A large gov't agency is more expensive than a smaller agency with the same mission, yet does less)
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To: Jaysun

Well, I was thinking more in terms of the victim using a public laundromat.


18 posted on 07/06/2007 8:38:03 PM PDT by donna (...gay couples raising kids. That's the American way... -Mitt Romney)
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To: rickdylan

I have always thought that the standard for the death penalty should be “Guilty Beyond any doubt”. “Reasonable doubt” does not cut it.


19 posted on 07/06/2007 8:39:13 PM PDT by Revel
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To: donna

“How does a DNA test prove he is innocent?”

Innocent until proven guilty. DNA evidence showed he wasn’t guilty, thus he is innocent. Proving innocence is a moot point here. because there is assumption of innocence.

I’m 100% supporter of the death penalty, btw. Most murderous criminals do deserve to die. But, only those who are clear cut guilty should be put to death. DNA print coming negative casts enough doubt to make the defendant innocent of the charges.

I would rather have all criminals serve life sentence than have one innocent face the ultimate punishment. How would you feel if you are one of those innocents who is being put to death for the crime you didn’t commit?


20 posted on 07/06/2007 8:40:28 PM PDT by sagar
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