Innocent Men Set Free After 30 Years

Photo: from the AP article mentioned below: "In an an Aug. 12, 2014 photo, Henry McCollum sits on death row at Central Prison in Raleigh, N.C. He and his half brother Leon Brown have spent more than three decades in prison for the rape and murder of 11-year-old Sabrina Buie in 1983."

I credited the caption from the article, but what I really wanted to write was:

For every overturned case due to newly-found DNA evidence that highlights a murder conviction based solely on bias--Doesn't this photo really say it all?

For the full report, read this article at this link.  Most of this entry is copied and pasted from this article, which states the facts much better than I could have.  Below the line is where I step in.

LUMBERTON, N.C. (AP) — A North Carolina judge overturned the convictions Tuesday of two men who have served 30 years in prison for the rape and murder of an 11-year-old girl after another man's DNA was recently discovered on evidence in the case.

Superior Court Judge Douglass Sasser ordered the immediate release of Henry McCollum, 50, and Leon Brown, 46. The half brothers were convicted in the 1983 slaying of Sabrina Buie in Robeson County.

Lawyers for the men petitioned for their release after DNA evidence from a cigarette butt recovered at the crime scene pointed to another man. That man, who lived close to the soybean field where the dead girl's body was found, is already serving a life sentence for a similar rape and murder that happened less than a month later.

Sasser ruled after a day-long evidence hearing during which Sharon Stellato, the associate director North Carolina Innocence Inquiry Commission, testified about three interviews she had over the summer with the 74-year-old inmate now suspected of killing Buie. The Associated Press does not generally disclose the names of criminal suspects unless they are charged.

According to Stellato, the inmate said at first he didn't know Buie. But in later interviews, the man said the girl would come to his house and buy cigarettes for him, Stellato said.

The man also told them he saw the girl the night she went missing and gave her a coat and hat because it was raining, Stellato said. He told the commission that's why his DNA may have been at the scene.

Stellato also said the man repeatedly told her McCollum and Brown are innocent.

Still, he denied involvement in the killing, Stellato said. He told the commission that the girl was alive when she left his house and that he didn't see her again. He told the commission that he didn't leave the house because it was raining and he had to work the next day.

Stellato said weather records show it didn't rain the night Buie went missing or the next day.

Authorities said McCollum, who was 19 at the time, and Brown, who was 15, confessed to killing Buie.

Attorneys said both men have low IQs and their confessions were coerced after hours of questioning. There is no physical evidence connecting them to the crime.

Both were initially given death sentences, which were overturned. At a second trial, McCollum was again sent to death row, where he remains, while Brown was convicted of rape and sentenced to life.

The DNA from the cigarette butts doesn't match either of them, and fingerprints taken from a beer can at the scene aren't theirs either. The other man now suspected in Buie's killing was convicted of assaulting three other women over 30 years before his last conviction.

Lawyers for the two men said the new testing leaves no doubt about their clients' innocence.
Ken Rose, a senior staff attorney at the Center for Death Penalty Litigation in Durham, has represented Henry McCollum for 20 years.

"It's terrifying that our justice system allowed two intellectually disabled children to go to prison for a crime they had nothing to do with, and then to suffer there for 30 years," Rose said. "Henry watched dozens of people be hauled away for execution. He would become so distraught he had to be put in isolation. It's impossible to put into words what these men have been through and how much they have lost."

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I have nothing but outrage to add to this, a pity since outrage doesn't come across well in a blog.  So I'll just reiterate one point: 

"There is no physical evidence connecting them to the crime."

However, despite this, "...[b]oth were initially given death sentences, which were overturned. At a second trial, McCollum was again sent to death row, where he remains..."

How do you give someone the death penalty--TWICE--for a conviction not based on any physical evidence at all, ever?  How does a mentally deficient man get the death penalty based on a confession he couldn't possibly have given willingly, in a case in which there's zero physical evidence against him?  And this wasn't in the bigoted first half of the 20th Century.  This was in 1983--just 31 years ago.

How many times do you think a black man with a very low IQ has been given the death penalty based solely on a "confession" and zero physical evidence?

Why doesn't somebody of national relevance order a review of every single case in which a black and /or mentally deficient (because of an extremely low IQ) man has been incarcerated due to convictions based on a "confession" and zero physical evidence?

Perfect Murder, Perfect Town by Lawrence Schiller--Book Review

Photo: Paperback cover of the book (I read the First Edition hardcover) from harpercollins.com

Incredibly dense and thorough chronicle of the JonBenet Ramsey investigation, from the POV of almost everyone involved, from reporters to DAs to police detectives--and everybody in between.  If you're interested in what happened to that little girl on December 26th, 1996 (Could it have been that long ago?!?) then this is mandatory reading for you.

Like the case itself, it is a complicated maze to read, and you may, like me, forget momentarily who somebody is.  There's a character page in the back to help you with this problem.

Schiller doesn't pull any punches and immerses you in everything for the sole purpose, as he says, to chronicle what happened for anyone interested in the case.  It reads like a 579-page report.  There are no writers' tricks here, and no embellishments.  Schiller does an amazing job of organizing all of this stuff into one (mostly) seamless flow.

What does it show?  Oh my goodness, it shows how very thoroughly and completely the D.A.'s office, the Boulder Police Department, the witnesses, the suspects, and the media all worked together to screw up this case beyond repair.  Like the research into AIDS in the early-80s, when American and French scientists fought each other over copyrights and egos and countless people died, so too did the Boulder PD and the D.A. office fight each other over supremacy, evidence and theories.

And we know what happened.

Nothing.

Nothing at all.  A grand jury failed to indict anybody in 1997, and here afterwards have we sat. (Though to be more concise, the grand jury found that there was enough evidence to proceed to trial, but the D.A. did not proceed.  He refuses to this day to give his reasons.)

As detailed in this book, this case never had a chance.  Evidence was immediately trampled upon.  Both Ramseys, and their son, Burke, took leave of the police for a very long time upon the arrival of the first cops.  The crime scene was not controlled and it became very, very compromised.  And the Ramseys somehow were allowed to not be thoroughly interviewed until four months after the killing.

And the police bungled evidence and interviews that anyone who's ever seen an episode of Law & Order could have done better.  The D.A. turned down help from the FBI, whose officers had investigated and tried tons of murder cases against children.  How many had the current D.A.'s office tried?  Zero.

You may imagine yourself, as I did, screaming at, and shaking, some of the well-intentioned but hopelessly inept people involved in this case.

And that's just the beginning.

But, sadly, there's nothing much to add since.

Patsy Ramsey has died.  Nobody's ever been brought to trial.  It may seem there's nothing more to say.

But there is.  Schiller takes pains to try to remain unbiased with his book, and largely he succeeds.  But his one-page epilogue gives him away a little bit, as does the preponderance of the evidence he allows the real people to supply here.

Ultimately the reader has to make his own decision about who did it.  Was it the Ramseys?  Any of them, in the murder and / or in a cover-up?  Was it an intruder?

You'll have to decide.  I have, I think, for the most part.  Maybe I'll write about it in my blog one day--keeping in mind, of course, that many of the people are still alive.  And able to file lawsuits for slander.

But still a riveting read.  If this case interests you, read it.