Comments on: Justice Delayed; Justice Denied: Man Settles with County After Being Held Seven Months After Molestation Charges Were Disproven

By: Steve

Steve — Fri, 30 Jan 2009 16:56:50 +0000

A federal jury awarded Felipe Vargas $3,012,500 in compensatory and punitive damages against his former public defender, Tom Earl, for the seven months he spent in the Grant County Jail after the alleged victims recanted within hours of his arrest. Mr. Earl was accused of violating Mr. Vargas’ civil rights by not rendering him effective assistance of counsel. Mr. Vargas was represented by Garth Dano and his partner George Ahren.

There were points in the trial where individual jury members literally gasped out loud as they heard testimony about the criminal justice system in Grant County. At conclusion of the trial Judge Quackenbush told the panel that their verdict should sent a clear message to the Grant County Commissioners, Judges, and Prosecutors that their criminal justice system is broken.

The odd thing about is the verdict is that Mr. Vargas only asked for $500,600 in compensatory damages and the jury awarded $762,500. Then in the punitive damages phase of the trial, Mr. Vargas asked for $1,500,000 to “send a message to Grant County.” The jury returned only after 15 minutes of deliberating with a $2,250,000 “message.”

By: Take Out The Trash Day - 1/16/2009 | DailyWrit

Take Out The Trash Day - 1/16/2009 | DailyWrit — Fri, 16 Jan 2009 23:01:50 +0000

[...] A man spent seven months in jail after he was proven innocent because his public defender had too many cases. [Johnathan Turley] [...]

By: getplaning

getplaning — Wed, 14 Jan 2009 23:40:08 +0000

I personally know of two cases where someone spent time in prison for crimes of this type that they never committed. In one case, the defendant was on the verge of a diabetic collapse when the investigator got him to “sign something” that turned out to be a full confession. He agreed to a plea rather than risk a trial. The problem is as much prosecutors who want to win a conviction regardless of the facts as it is incompetent and uncaring defense counsel.

By: Jill

Jill — Wed, 14 Jan 2009 20:44:27 +0000

FFLEO,

That is very well said. I cannot imagine what false imprisonment would do to a person. Further, the idea that any person is willing to let the innocent languish in prison is repugnant.

By: Former Federal LEO

Former Federal LEO — Wed, 14 Jan 2009 18:02:41 +0000

…and people wonder why our jails and prisons are so overcrowded with the poor people of society who cannot afford their own legal counsel.

Victims of these types of injustices never receive full compensation and attorneys who are involved deserve much more than financial punishment and disbarment. Society can never repay a victim’s mental and physical suffering resulting from years of false imprisonment.