A blog by Miami Criminal Defense Lawyer Brian Tannebaum. Commenting on criminal law issues of local and national interest.

Wednesday, December 14, 2005

Pardon Me? - Prosecutors Use DNA To Seek "Absolute Pardon"

It's the same old story. Defendant convicted. Defendant proclaims innocence. Cops say right guy. Prosecutors say right guy. DNA says wrong guy. Prosecutors stammer. Cops say still right guy. Motions filed. Prosecutors seek plea to lesser charge and immediate release. Defendant takes plea to avoid prolonged trial.

Or, what happened in Virginia today.

Prosecutors, in the face of DNA clearing 2 wrongly convicted men of rape, sought an "absolute pardon" of both men according to the story here at cnn.com.

They've already served their time, but I trust their lives will be a bit better with the world knowing they served time for nothing.

I wonder how they were convicted? Probably "rock solid" eyewitness testimony.

I have no knowledge of whether Stanley "Tookie" Williams was actually innocent or guilty, but he did say something just prior to his execution that is pertinent to this story.

When asked why he wouldn't apologize for the crimes which he was convicted, he said that a conviction by a jury does not equal guilt.

But I guess if you believe a conviction means guilt, than you believe an acquittal means innocence.



Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please click the link: http://www.tannebaumweiss.com/our_lawyers.php

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