Plea deal 'minutes away' when body found

San Diego Union Tribune ^ | September 17, 2002 | J. Harry Jones

[John Jamieson]

Defense attorneys must explore any deal offered, it's their job, and it's also a neat way to find out what the other side knows. It has no evidentiary value.

[John Jamieson]

SB. Why do you feel..... sorry

[marajade]

"Why do need feel the need to attack people that have a different view than you do?"

View? We are talking about a child rapist and murderer...

[marajade]

"Would would your guess be?"

I'm sure there are stats about the number of cases/charges that are being overturned by DNA evidence now...

[John Jamieson]

We agree that what was done was very bad. I want to be sure we got the right perp (I'm not) and ALL of them (I'm very sure that if DW did it, he didn't do it alone). Why must you twist the argument so that you can easily win? We agree that all child rapests/murderers should burn in H###, that's not the issue.

[John Jamieson]

No percentages, but I did find this:

In the first study of its kind, a Chicago Tribune analysis of thousands of court records, appellate rulings and lawyer disciplinary records from across the United States has found:

- Since a 1963 U.S. Supreme Court ruling designed to curb misconduct by prosecutors, at least 381 defendants nationally have had a homicide conviction thrown out because prosecutors concealed evidence suggesting innocence or presented evidence they knew to be false. Of all the ways that prosecutors can cheat, those two are considered the worst by the courts. And that number represents only a fraction of how often such cheating occurs.

- The U.S. Supreme Court has declared such misconduct by prosecutors to be so reprehensible that it warrants criminal charges and disbarment. But not one of those prosecutors was convicted of a crime. Not one was barred from practicing law. Instead, many saw their careers advance, becoming judges or district attorneys. One became a congressman.

- Of the 381 defendants, 67 had been sentenced to death. They include Verneal Jimerson of Illinois and Kirk Bloodsworth of Maryland, both later exonerated by DNA tests; Randall Dale Adams of Texas, whose wrongful conviction was revealed by the documentary "The Thin Blue Line;" and Sonia Jacobs of Florida, who was eventually freed but whose boyfriend, convicted on virtually identical evidence, had already been executed by the time her appeal prevailed.

- Nearly 30 of those 67 Death Row inmates -- or about half of those whose cases have been resolved -- were subsequently freed. But almost all first spent at least five years in prison. One served 26 years before his conviction was reversed and the charges dropped.

- Illinois' record for misconduct by prosecutors is particularly abysmal. Of the 381 people whose homicide convictions were reversed, 46 were tried in Illinois. That's the second-highest total and twice as many as the state that ranks third. Only New York state, which is more populous, has more cases, and its total can be partly attributed to a special rule that loosens the requirements for a conviction's reversal.

The failure of prosecutors to obey the demands of justice--and the legal system's failure to hold them accountable for it--leads to wrongful convictions, and retrials and appeals that cost taxpayers millions of dollars. It also fosters a corrosive distrust in a branch of government that America holds up as a standard to the world.

Next week, three former DuPage County prosecutors will face trial on charges of conspiring to frame Rolando Cruz, who served about 10 years on Death Row before being acquitted at his third trial on charges of murdering 10-year-old Jeanine Nicarico. The case is exceptionally rare -- not because prosecutors have been accused of concealing evidence and knowingly using false evidence, but because they have been indicted for it.

If convicted of a felony for such misconduct, it would be the first time that has happened in the United States.

Prosecutors, who are the criminal justice system's gatekeepers, hold powers and responsibilities unique in American society. The decisions they make can determine who avoids or stands trial, who is convicted or acquitted, who lives or dies. They must protect society from criminals while upholding the justice system's integrity. They are supposed to avoid underhanded tactics that can help put away the guilty but threaten to convict the innocent.

[marajade]

And do you know how many on death row? CA has thousands...

[marajade]

How can you say he didn't do it? He was going to plead guilty... Why would someone plead guilty to save their life if they weren't guilty?

[HamiltonJay]

Personally, I think the bastard did it himself. I have seen no reason to believe there was any conspiracy or accomplices. Westerfield is a sick sadistic bastard, and his attorneys are criminals for suggesting others did a crime they, from all reports, KNOW he committed.

Yes I know an ethical violation is not a criminal act, but as far as I am concerned what those bastard attorney's did should be a crime as well. It certainly was unethical and without question immoral.

[John Jamieson]

I hope you're never on a jury. You seem to have a real problem with rumor vs. fact and criminal vs. not even unethical.

[HamiltonJay]

I have no problem with rumor v fact or legal v ethical.

I assure you an investigation by the judiciary will indeed confirm what was reported regarding the plea bargain deal and Westerfield.

I also stated that the agredious ethical violation these attrorney's engaged in should be illegal.

These lawyers violated their duties, they knowingly committed fraud to the jury. A lawyer may not present any theory to a jury they know to be false, these guys did it in spades. I have spent my life around lawyers, and I can tell you without exception this.... most deserve without question the reputation they have, and the few that don't do not help to their profession when they watch things like this happen and say nothing. Which is exactly what would have happened in this case had the plea deal negotiations not become public.

[Guenevere]

...good to hear you're feeling better....

[John Jamieson]

Thanks,

I'm doing great and so is new grandson in FL.

John

[Joe Hadenuf]

Westerfield is not spring chick. If the state takes 15 years to finally put him to death, he will be 75, IF he lives that long.

Let's see, since this guy is only 50, in 15 years he will be 65. Many people live to be 80 and 90 nowadays.

In what state did you learn simple addition?

[Joe Hadenuf]

Did you forget we are talking about California?

No, I didn't forget. California is the state that found this monster guilty, and sentenced him to death, this as many from out of state, on this site were claiming we didn't have any evidence against him......LOL...