tag:blogger.com,1999:blog-8597101.post3035976990717903043..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Exoneree compensation bill passes Texas SenateGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-8597101.post-20878642986343751782009-06-07T11:31:40.226-05:002009-06-07T11:31:40.226-05:00I know I'm a little late on the discussion...b...I know I'm a little late on the discussion...but what about the families of the men who are still alive??? What about child support that didn't get paid, college funds that weren't contributed to, etc?<br /><br />I'm also a bit biased on this as I am an adult child of an exoneree.Skipperhttps://www.blogger.com/profile/12224706507524880017noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-55807122591814887642009-05-12T13:17:00.000-05:002009-05-12T13:17:00.000-05:00"I don't want a DA worried about the monetary cons..."I don't want a DA worried about the monetary consequences when he's deciding whether to support a defense motion to overturn the conviction."<br /><br />So what are you saying 123? Do you want him worried about his record, prestige, pride, ego, professional standing? If you use that logic then no DA should be implicated (intended or not)in any wrongful conviction for fear of reprisal.<br /><br />At least if the tax payers that elected him felt the pinch, they might think twice before going to the polls.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-22946012339287659182009-05-12T12:18:00.000-05:002009-05-12T12:18:00.000-05:00I do not agree with the mandatory dropping of any ...I do not agree with the mandatory dropping of any lawsuit if you take the cash. What happens if the person contracts something directly linked to the stay in prison? What happens if someone still has a copy of the sex offender registry BEFORE the wrongly convicted was taken off, and they decide to harm the innocent person? <br /><br />I believe the liability of the state, entities, people should only go away if the person wrongfully convicted allows it to happen on their own terms, not due to the heavy handed rule of the state.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-67868898003848130072009-05-12T10:37:00.000-05:002009-05-12T10:37:00.000-05:00Yeah, my concern with making the specific locality...Yeah, my concern with making the specific locality pay in the case of a wrongful conviction is that would just give one more incentive for the local authorities to not support overturning convictions when they should be overturned. I don't want a DA worried about the monetary consequences when he's deciding whether to support a defense motion to overturn the conviction. And if there was real misconduct and the exoneree wants to pursue a suit against local authorities, he or she still can do so by choosing not to pursue compensation through the state.123txpublicdefender123https://www.blogger.com/profile/16074278445586583355noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-38141280054596173892009-05-12T08:01:00.000-05:002009-05-12T08:01:00.000-05:00The only thing that the bill should have that is m...The only thing that the bill should have that is missing is an additional sum if the wrongly convicted individual died while still incarcerated.<br /><br />I don't see that ever passing though.TxBluesManhttps://www.blogger.com/profile/15008395777633969757noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-57220299914109625192009-05-12T07:51:00.000-05:002009-05-12T07:51:00.000-05:00anon 3:20 AM.
You asked about making the counties ...anon 3:20 AM.<br />You asked about making the counties pay. Answer - The counties are not the party responsible for the wrongful conviction. <br />-----------------<br />A DA may be elected by a 'district' that includes a county. But All prosecutors are STATE actors employed to represent THE STATE OF TEXAS. Thus, the STATE (meaning the government of the land of Texas) is the party responsbible and liable for malfeasance or negligence (including unintentional, unknowable, error)by the prosecuting attorney. <br />-----------------------<br />The DA, and other STATE actors right on up to the Governor, have a duty to manage and supervise their Actors across the State employed as Prosecutors. Obviously, these servants have failed in the performance of their duties to the people of Texas. <br /><br />P.S. The caps in this post are for the purpose of indicating an artificial entity / creature of law (supposedly bound by the same law by which it was created).Informed Citizenhttps://www.blogger.com/profile/06933944702188649792noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-33815087701854321462009-05-12T03:22:00.000-05:002009-05-12T03:22:00.000-05:00I'm very pleased that the Legislature took this st...I'm very pleased that the Legislature took this step. But I can't help but remember those who have been wrongly convicted where DNA exoneration is not possible.<br /><br />Only when Texas decides to hold corrupt and incompetent court officials accountable will it truly spare others from going through the terrible nightmare of false incarceration.<br /><br />Why not make the counties pay where the defendant was sentenced in the first place? That might get somebody's attention.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-36722660505505614972009-05-11T19:03:00.000-05:002009-05-11T19:03:00.000-05:00"The problem in so many cases like Tim's is that t..."The problem in so many cases like Tim's is that the police and prosecutors treated Tim's situation once he was charged as if he had already been convicted. Evidence pointing to innocence was ignored; the lack of evidence pointing to guilt was ignored. It's fine for the system to deal with things that way after a conviction, but just being charged with a crime doesn't relieve the prosecutor of his obligation to fairly evaluate the evidence and determine whether he or she is really prosecuting the correct person."<br /><br />Amen 123!Adamnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-5881117949372542552009-05-11T18:44:00.000-05:002009-05-11T18:44:00.000-05:00I hear ya, Scott. I know that compromises have to...I hear ya, Scott. I know that compromises have to be made. I just think it trivializes what was done to these people. You know, it's like saying that what was done to them doesn't count if they end up being guilty of something later. It's that type of attitude (well, if he's not guilty of this, he's guilty of something) that leads to wrongful convictions in the first place. But, I understand that sometimes things have to be done to get an otherwise very laudable bill passed.<br /><br />Unlike the earlier poster, I don't wish for anyone involved in this case to "burn in hell," but I do hope that all those in law enforcement remember Tim and what happened to him when probably well-intentioned public servants honed in on a suspect without any real cause, and failed to properly investigate the evidence that pointed to his innocence. <br /><br />You know, the legal system, once someone is convicted, makes it very difficult to get a case overturned, even with new evidence pointing to innocence. The problem in so many cases like Tim's is that the police and prosecutors treated Tim's situation once he was charged as if he had already been convicted. Evidence pointing to innocence was ignored; the lack of evidence pointing to guilt was ignored. It's fine for the system to deal with things that way after a conviction, but just being charged with a crime doesn't relieve the prosecutor of his obligation to fairly evaluate the evidence and determine whether he or she is really prosecuting the correct person.123txpublicdefender123https://www.blogger.com/profile/16074278445586583355noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-35935473159154392862009-05-11T18:31:00.000-05:002009-05-11T18:31:00.000-05:00The Tim Cole story makes me sick to my stomach. 3...The Tim Cole story makes me sick to my stomach. 39 DNA exonerations and more to come. It real clear that Texas has a problem.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-2490212053887343232009-05-11T17:52:00.000-05:002009-05-11T17:52:00.000-05:00I agree, 123, that's problematic. But politics is ...I agree, 123, that's problematic. But politics is the art of compromise and that's what could make it through the Lege.<br /><br />FWIW, similar language was already in the compensation statute. Previously they got a smaller amount in two installments but if they committed another crime they didn't get the second installment. This gives a bigger lump sum up front then an annuity over time, which is what they lose if they commit another offense. IMO it's a good deal, and much better than the previous compensation statute.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-393698754575391262009-05-11T17:06:00.000-05:002009-05-11T17:06:00.000-05:00The Tim Cole story is truly heartbreaking. The tr...The Tim Cole story is truly heartbreaking. The tragedy isn't so much that he was innocent, as the matter of justice that got him there. I mourn the loss of the man, however the real death was the death to any hopes of true justice from this state. May everyone involved that didn't listen burn in hell for what they have caused,Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-40471598864904260132009-05-11T16:11:00.000-05:002009-05-11T16:11:00.000-05:00Excellent. So sorry that Tim Cole had to literall...Excellent. So sorry that Tim Cole had to literally give his life so that this could come to pass. Thanks to all those who worked to make this happen.<br /><br />**I still hate the provision that a subsequent felony conviction voids your eligibility for compensation. I don't see what that has to do with anything. Would it be all that surprising if someone came out of prison after an experience like this, and, say, turned to drugs? I just don't like it.123txpublicdefender123https://www.blogger.com/profile/16074278445586583355noreply@blogger.com