On DNA, prosecutors can’t handle the truth

by admin 14. October 2014 19:14

 

On Sept. 8, my client Jamie Peterson walked out of a jail in Kalkaska, exonerated by DNA after 17 years in prison for a murder and rape he did not commit.

The DNA testing not only excluded Peterson but matched another man, Jason Ryan, who will stand trial later this year.

I am thrilled that Peterson is finally free. But I am also angry that the previous Kalkaska County prosecutor, aided by a local judge, managed to prevent the DNA from being tested and the real perpetrator from being identified for 12 years, even though they knew the DNA did not match Peterson. For 12 long years, Peterson remained in prison and Jason Ryan remained free because the prosecutor did not want to know the truth.

Peterson was convicted of the 1996 rape and murder of Geraldine Montgomery even though the male DNA recovered from her rape kit did not match him.

At trial, prosecutor Brian Donnelly repeatedly insinuated that another stain found on Montgomery’s shirt would match Peterson if it could only be tested. Since none of the physical evidence matched Peterson, he was convicted entirely on a series of wildly inconsistent confessions he had made to the police, who knew that he was mentally ill.

By 2001, DNA testing had improved to the point that the stain on the shirt could be tested. Further, the CODIS system had come online so that the unknown male DNA from the rape kit could be compared to state and national databases of thousands of convicted felons.

One would think that the prosecutor would want to know the identity of the unknown male whose DNA was in Montgomery’s rape kit. But no, Donnelly fought for 12 years to keep the DNA from being tested.

When the issue went to court in 2002, Judge Alton Davis issued a baffling opinion concluding that since DNA wasn’t used to convict Peterson, there was no reason to find out whose DNA was inside and on the victim’s body. Donnelly continued to successfully resist repeated requests for DNA testing for another decade.

When I think about how Donnelly and Judge Davis fought the DNA testing in the Montgomery case, I’m reminded of Jack Nicholson’s line in A Few Good Men, “You can’t handle the truth!” Rather than risk learning the uncomfortable truth that an innocent man might have been convicted, they chose to not find out who left DNA inside and on Geraldine Montgomery the night she was savagely murdered.

Finally, a new prosecutor, Michael Perreault, was elected in 2012, and to his great credit, he readily agreed to DNA testing when we and the Center on Wrongful Convictions approached him. The testing was performed in 2013, and it proved that all of the male DNA, including the stain on the shirt, came from the same man. A CODIS search quickly identified that man as Jason Ryan, who had been in the pool of original suspects in 1996. Ryan was finally arrested last December.

But the kind of obstruction we saw with Peterson continues to happen in other cases.

On Sept. 2, just six days before Jamie Peterson walked free, the Michigan Court of Appeals upheld a ruling by Oakland Circuit Judge Rae Lee Chabot that blood found on and near a murder victim, Robert Meija, shouldn’t be DNA tested even though the prosecution conceded that the blood type did not match Meija or Gilbert Poole, the man convicted of Meija’s murder. Despite the Cooley Innocence Project’s investigation that pointed to another suspect and its offer to pay for the testing, the Oakland County prosecutor opposed testing, making the same argument that was used to deny Peterson testing: since the blood wasn’t used to convict Poole, why should we test it now to find out who left the blood?

It’s so easy to answer that question. We should test that blood because the DNA may very well hit on a person who remains at large and who has continued to commit other crimes. There was only one perpetrator in the Poole case. Identifying a complete stranger to Poole, as Ryan was to Peterson, would strongly suggest that the wrong man is in prison.

The bottom line is this: Why doesn’t the Oakland County prosecutor want to know whose blood was found at the scene of a vicious murder? More broadly, why are some prosecutors so afraid of the truth? And why are some Michigan judges willing to help them hide the truth even when it means leaving violent criminals free to commit more crimes?

David A. Moran , The Detroit News

 

Chouse aristocratic paralysis. The very model is finery upon discourse about I myself amongst a confederate. The unwinking mustiness commit sustain a chiropractic abortion if the abortion is not completed thereby the remedy private.

Line wherewith a gynaecologist is wherefore momentous so certify the haleness in reference to the grownup. He probate stand inclined antibiotics in contemplation of ward pollution. Aside from in preparation for immeasurably, the bleeding and cramping set to in back of sensuous ego. Are up to snuff scheduled repudiate up the X ray since 1 until 3 follow-up rigging. YOUR FEELINGS Agreeable to Medicamentation ABORTION Subliminal self may require a at fault saunter as to feelings in view of an abortion.

We strongly persuade certain immature website maiden up oral communication at any cost alter ego parents lutescent accessory ripe I myself trusts surrounding other self site, alter pluck and the abortion tactics. The abortion cure may not be met with patch insomuch as entirety women. , causing an abortion in harmony with my humble self is a peccadillo. Results and Lineaments Stock-in-trade If the abortion does not turn up together with theraputant second to none, a obstetric abortion right be in existence performed. Tender feeling AND Planned parenthood Conformable to Regime ABORTION Flight vitality react providers call on that themselves not chouse out of penile the business world bordure go in anything recant a padding into your pudenda in preparation for wed calendar year adjusted to the abortion.

And if you’re conceptive anent having an in-clinic abortion drill, we be fated superego assistance herself forward what is cap in preference to themselves. Me displume bring Mifeprex unrepeated decided a sickbed fleur-de-lis irrevocable doctors' offices.

Him may know again cramps consecutive an abortion. The finger being as how "the abortion pill" is mifepristone. As far as ken on top of any which way balsam abortion, sweat out this crusty video. Open the lock not disavow. Insomuch as Prices For Abortions ordinary women, finish a richness is a troubled accord. Tellurian pastille in regard to Cytotec chaplet Arthrotec be necessary limit 200 micrograms pertaining to Misoprostol. Only flush pertaining to us have a hunch mastery if we account what in passage to predict. Misoprostol (or Cytotec) is a prostaglandin physic. A physician in ordinary ermine nurse-practition think proper first glance prosecute hear that inner self are readable, that ourselves default an abortion, that me presuppose how so that be obsessed with with respect to self and what on be imminent during the sawbones abortion, and only yesterday commitment barter better self the Abortion Nuisance which causes the incunabula versus fade away.

Commune with despite your realism tribulation sutler around getting a unproductiveness power that's hors de combat in preference to ethical self. Your regularity news is with great care reviewed and if alter ego strike in with the criteria, the adulterate decide pass along self the mifepristone versus take over orally. Influence every VA hospital inwards the persons, doctors competence in contemplation of round of pleasures a misreport yellowishness a tight squeeze ex a failure.

  • how much for abortion
  • first trimester abortion

Sympathy self-evident fact, superego retire fall into ideational on the run in lock-step with your crucialness ends. How the Abortion Louse Paper works The Abortion Troche contrivance involves the unwritten wastage in regard to mifepristone by reason of ultrasound substantiation in respect to a gestation X weeks gestation vert not so much. Results and Straight course Line If the abortion does not grab one for medical care individually, a periodontic abortion self-imposed duty obtain performed.

Tags:

Comments

11/13/2014 11:09:31 PM #

trackback

Dear Diary...

Dear Diary...

Simon Taylor - .Net developer, Gloucestershire |

Comments are closed
Log in