Friday, May 11, 2007

after 21 years in prison

the 201st person has been exonerated, this one from death row.
Curtis Edward McCarty, who was convicted twice and sentenced to death for the same murder in verdicts that were both thrown out based on evidence of his innocence and an extraordinary pattern of government misconduct, was released from prison this morning after a judge dismissed the indictment against him that would have led to a third trial. The prosecution said today that it will not appeal the decision – finally clearing McCarty after 21 years of wrongful incarceration, more than 16 of them on death row.

In 1986, McCarty was convicted of a 1982 murder in Oklahoma City and sentenced to die. Citing misconduct by the prosecutor and a police lab analyst, the Court of Criminal Appeals overturned the conviction, and McCarty was retried in 1989. He was again convicted and sentenced to death. In 1995, the appeals court upheld his conviction but threw out his death sentence; in 1996, he was sentenced to death again. In 2005, the Court of Criminal Appeals again overturned his conviction, citing the continued pattern of government misconduct – and new DNA tests showing that semen recovered from the victim did not come from McCarty.
finally, after three times! i can't believe that some people still feel this is worth it.

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