Michigan is the latest state to have DNA clear a man imprisoned for years for a crime that he did not commit. What is most striking about the case of Jamie Peterson (right) is that lawyers had fight to re-test evidence that could prove his innocence. Prosecutors opposed the simple re-testing of evidence in the case that was not analyzed previously (as have prosecutors in other states). Finally, prosecutors relented and it was shown that it belonged to a man that police had cleared in first-degree murder in 1998. A second man was arrested this week but police insist that Peterson is not cleared. The case also shows the great cost to the rule of law that was presented by the Supreme Court ruling that there is no right to such testing in a post-conviction case. Chief Justice Roberts decision in the 5-4 case in District Attorney’s Office v. Osborne allows prosecutors and police to resist such simple testing to prove innocence in cases like Peterson’s. Indeed, the Court has produced an all-too-common double standard for citizens. It ruled in 2013 that police could routinely take DNA samples from suspects to use against them but the same individuals have no right to access to DNA testing to prove their innocence.
Peterson was given life without parole for a horrible murder and rape of Geraldine Montgomery, 68, who was killed in her Kalkaska, Michigan home. Someone broke into her home, beat her, raped her, and then stuffed her into a trunk of her running Buick where she died of asphyxiation.
The two samples only yielded one that could be fully analyzed. When the DNA did not match Peterson, the police then changed their theory and said that he had a partner. Police said that the other sample must be his. His lawyers fought to get the samples retested and finally a new prosecutor agreed, to his credit. It turns out that it could be analyzed and the DNA was not Peterson’s but that of Jason Ryan, 35 (left above).
The other striking aspect of the case is that Peterson was convicted with the use of a jailhouse snitch — a notoriously unreliable form of evidence used by prosecutors when they lack direct evidence. These snitches have been routinely found to lie for benefits dangled out by prosecutors like favored treatment in jail or recommendations for sentence reductions. Since Peterson was mentally ill, it is not surprising that he failed a polygraph. He was then subject to intensive interrogations where police convinced him that he had murdered the woman.
Despite the new evidence, State police 1st Lt. John Card insisted that the case should not be viewed as undermining the credibility of the investigation or the evidence: “There is nothing that they have come across that suggests the innocence of Mr. Peterson.”
Notably, Ryan, then 18, provided a DNA sample but it was never tested after he passed a polygraph. It appears the the polygraphers in the area were equally incompetent.
News accounts say that DNA testing was done on two samples from the murder scene and used to clear six suspects.
As courts address Peterson’s continued incarceration, the public should focus on the prior conduct of prosecutors and police in the area. First as a matter of principle, prosecutors who oppose DNA testing as a general policy should be viewed violating their oath to seek justice. Time and time again, inmates have been cleared after years of obstruction by prosecutors. Even if one pushes aside the question of simple justice, there is the conflict of interest in prosecutors opposing tests that might show that they convicted an innocent man. Yet, even judges have been shown to be obstructive in cases seeking testing where an innocent man was ultimately found incarcerated. The Peterson case demonstrates why all states should require such testing to be available in all felony cases post-conviction.
Second, the use of a polygraph on a mentally ill man seems designed for coercive rather than investigatory purposes. I have handled FBI cases where it was admitted that test were done to pressure suspects (even when they were done in conditions that an experienced lawyer or polygrapher would instantly see as unreliable and unprofessional).
Finally, the case now shows little evidence against Peterson except an inadmissible polygraph and his interrogation statements that he later recanted. While police say that he knew details of the crime scene, the court would have to look closely at the record. Police often record only portions of interrogations that they want on tape and there are past cases where information was slowly introduced in such interrogations by detectives rather than the suspect.
The police and prosecutors are holding the line on their new theory of a two-man crime with one who seems to have left no forensic evidence at the scene (police suggested that fingerprints were wiped down at the scene). They may have as many questions to answer as they do to ask in the coming weeks.
But the high concentration of capsaicin was used in the
pharmaceutical raw materials industry, has the function of relieve pain,
anti-itch, anti-inflammatory, bactericidal and treat gastrointestinal diseases and leukemia.
Fortunately, the natural health industry has recognized the problem.
You will come across thousands of restaurants in West Bengal
and other parts of the country selling Bengali sweet.
Likewise, eating snacks and drinking tea is a
longstanding tradition in this city and this practice, in effect, allowed their chefs
to create numerous savory delicacies like Foshan Manggong Cake, Nine Layers of Cakes, Jidi Porridge, Goose Palm with
Orange Peel, Sliced Frogs and much more. While the vertical
or cylinder dehydrator will need to have more frequent tray changes or positioning to avoid this air flow mixing.
Americans eat approximately 350 slices of pizza per second.
After that, the spices usually losses its original taste.
It also acts as a stimulant, carminative, expectorant and antispasmodic.
The food industry has devised other methods for extracting and
using spice flavors.
They are widely revered worldwide due to their ability too produce
willy diverse sounds, cheaper costs and ease of use. Fender Electric Guitars are undoubtedly 1 of those branrs that
you could say noo too. There are some great guitar review websites available and some super forums to become membsrs
of that will enable you to make use of other people knowledge.
Other workers working in companies are generally pai on hour basis or monthly payment.
Fixing the electrical wires yourself may just be risky and life taking.
, which interfere with the healthy function
off the electrical system of the hman body.
Many Kansas local building departments may
require you to pass a plumbers exam. graduates and the emerging workforce, the jobs aren’t the problem;
the lack of basic skills of job applicants is. You’ll find that there are
so many web directories that youu can use and you just have
to know how to utilize these sites efficiently.
Some States, in order to protect their tax revenues derived from their State-run satellite betting and
Off Track Betting parlors, have blocked legal horse betting sites from
access with their State. Online sports books are very safe, very friendly, and very efficient.
7) A total of 242 teams, 119 A schools and 123 AA schools, make up
the Sagarin College Football Ratings.
In the company websites you can find a list
of all the areas that they offer their services in.
Vuba Supplies is a top notch service provider for all your flooring necessities including a range of garage floor paints,
anti slip paints, wood floor paints, roof tile paint , self levelling compound ,
garage floor tiles and so on. Various contractors offered
me 30-year, 50-year and even lifetime shingles.
If you are going for finest contents like I do, simply pay a quick visit this web site daily
as it presents feature contents, thanks
Since Ms. Montgomery was murdered in my home town nearly two decades ago, I have known about Jamie and believed his innocence. Even then, when I was only in high school- learning about DNA testing in bio class and through the highly televised OJ Simpson case- I knew that because there was no DNA or any hard evidence for that matter that was against Jamie – well – only a fool would find him guilty.
Please like the Free Jamie Peterson Facebook page. Now that there is national attention on the case – maybe it will be treated fairly. I was shocked that adults could behave the way they did as I watched people, teachers, friends etc in my town turn crazy. It was wild. FreeJamiePeterson.com
-teresa
Carlyle,
You are referring to the so-called “guilty knowledge” test. I mentioned it in the story I wrote here about the polygraph. It is the best indicator, but nevertheless, cannot withstand a Daubert challenge.
Forgot to subscribe.
The polygraph,detects physical responses to anxiety, if a subject believes that the polygraph is a lie detector then for that subject it will be a lie detector, if the subject believes the polygraph is unreliable, that it produces false positives then the polygraph may show that one as lying when he is not. Psychopaths feel no anxiety when lying and so the polygraph is useless on them and I suspect it would be useless on a practitioner of Buddhist meditation.
Some time ago I read an article on the polygraph in either The New Scientist or the Scientific American. This article asserted that the polygraph is useless as a lie detector but is useful for detecting hidden knowledge that only someone connected with the crime would have.
There was a prosecutor in Tarrant County, Texas who showed a similar disrespect for right and wrong. His goal was to obtain a conviction in any manner he could. Innocence had nothing to do with his decisions. He often showed little regard for the constitutions of both Texas and the United States. He was asked to resign his position with the Tarrant County District Attorney’s Office. Afterwards he was able to convince the governor to appoint him judge in Parker County, Texas. His unethical conduct and disrespect for citizens rights continued. When time came for him to be elected to the office the electorate said No. His presence on the bench came to an end. Cases such s these support the argument that anyone in a position to take an innocent persons liberty should be forced to run for election. For instance the current District Attorney had to settle a sexual harassment claim against him for several million dollars in tax payer money. He would not resign his post. The Tarrant County election is coming soon. His conduct will more likely than not cost him his job.
this is comparable to some recent rulings by moola in the mid-East, where they recently ruled that DNA could not be used to prove innocence, and that there had to be four witnesses to Ra-pe before charges could be filed
“Outrageous” works, mespo. “Unjust” needs to be in there somewhere too.
“[The Supreme Court] ruled in 2013 that police could routinely take DNA samples from suspects to use against them but the same individuals have no right to access to DNA testing to prove their innocence.” – JT
Monkeys, machines, and/or microbes could have made a better decision given the same amount of input.
Any DA who refuses without good cause to have evidence retested for DNA should be grieved.