http://theadvocate.posterous.com The online presence of the Kentucky Department of Public Advocacy journal posterous.com Tue, 18 Dec 2012 05:40:00 -0800 Bill would expand prisoners' rights to DNA testing - Cincinnati.com http://theadvocate.posterous.com/bill-would-expand-prisoners-rights-to-dna-tes http://theadvocate.posterous.com/bill-would-expand-prisoners-rights-to-dna-tes

Former federal marshal wants to afford convicts tools to prove innocence

A conservative Northern Kentucky lawmaker has thrown his support behind legislation previously championed by liberals that would allow a Cincinnati man to proceed with DNA testing on evidence he claims will exonerate him of a 1987 rape and killing in Newport.

“If DNA testing is good enough to send you to prison it should be good enough to get you out of prison,” State Sen. John Schickel, R-Union, said while speaking at a criminal law reform symposium held last month at Northern Kentucky University.

“One of the basic tenants of American jurisprudence is that it is better to have a guilty man go free than an innocent man go to prison.”

On Friday, Schickel pre-filed legislation that would afford DNA testing to inmates like 60-year-old William Virgil, who is serving a 70-year sentence in LaGrange for the killing of VA Medical Center nurse Retha Welch. DNA testing was not available at the time of the crime.

complete article

Permalink

]]>
http://files.posterous.com/user_profile_pics/885500/DPA_logo_smaller.gif http://posterous.com/users/YSeCZXHC6zL The Advocate The Advocate The Advocate
Thu, 17 May 2012 07:10:00 -0700 Louisville Courier-Journal Editorial - State needs to change DNA testing law http://theadvocate.posterous.com/louisville-courier-journal-editorial-state-ne http://theadvocate.posterous.com/louisville-courier-journal-editorial-state-ne

It has been 23 years since the first person wrongly convicted of a crime was exonerated through the science of DNA testing. Since then, 289 people in 35 states found guilty of offenses have been exonerated through DNA tests, according to the Innocence Project website,

Yet Kentucky stands squarely behind the times when it comes to updating its laws and policies on DNA testing in cases where people claim they have been wrongly convicted for serious offenses.

Complete editorial

Permalink

]]>
http://files.posterous.com/user_profile_pics/885500/DPA_logo_smaller.gif http://posterous.com/users/YSeCZXHC6zL The Advocate The Advocate The Advocate
Thu, 29 Dec 2011 06:45:00 -0800 Editorials about Kerry Porter http://theadvocate.posterous.com/editorials-about-kerry-porter http://theadvocate.posterous.com/editorials-about-kerry-porter

Legislature, Supreme Court must address flaws that lead to wrongful convictions - Lexington Herald-Leader

The legislature and state Supreme Court must fix flaws in the system that led to Porter's and other wrongful convictions. Otherwise, more such errors and injustices will be inevitable.

This should be an urgent concern, not just for public defenders, but for all of law enforcement because convicting the wrong person lets the real criminal off the hook.

As is true of most wrongful convictions, a faulty eyewitness identification was at the heart of the case against Porter. This is not surprising as a growing body of science reveals the unreliability of eyewitness IDs.Police agencies should adopt model procedures for eyewitness identifications. Unless these procedures are scrupulously followed, the Supreme Court should exclude the use of eyewitness identifications by prosecutors.

 

Editorial | 14 stolen years - Louisville Courier-Journal

In 1997, Bill Clinton started his second  

term as president of the United States, 
Madeleine Albright became the first woman 
secretary of State, Steve Jobs was rehired 
by Apple, Princess Diana died in a car 
crash — and Kerry Porter went to prison 
for the murder of Tyrone Camp, a crime he 
insists he didn’t commit.

Fourteen years later, Mr. Clinton is a gray 
eminence on the world stage, Hillary 
Rodham Clinton (his wife) is the third 
woman secretary of State, Mr. Jobs died a 
legend beyond Apple, the late Princess 
Diana’s older son is married and nearing 
30 — and Kerry Porter was just released 
from prison for a murder others now 
believe he didn’t commit.

Last week, he spent the first night of his 
freedom, sleeping under the Christmas 
tree in his mother’s living room.


 

Permalink

]]>
http://files.posterous.com/user_profile_pics/885500/DPA_logo_smaller.gif http://posterous.com/users/YSeCZXHC6zL The Advocate The Advocate The Advocate
Mon, 19 Dec 2011 16:15:00 -0800 Kerry Porter - Kentucky Innocence Project Client Exonerated and Released http://theadvocate.posterous.com/kerry-porter-kentucky-innocence-project-clien http://theadvocate.posterous.com/kerry-porter-kentucky-innocence-project-clien

Kerry Porter, imprisoned for murder, is exonerated, freed after 14 years - Louisville Courier Journal 

After serving 14 years behind bars for a 
murder he insisted he didn’t commit, a 
stunned Kerry Porter learned Monday that 
he was exonerated and hours later was 
released from prison.

“He was virtually speechless,” said Melanie 
Lowe, who won Porter’s exoneration after a 
five-year battle.

“He said it was a lot to take in … and that 
he was a little nervous” about returning to 
the real world, she said. “He’s never held a 
cell phone or seen a flat-screen TV.”

Jefferson Circuit Judge Irv Maze signed an 
order dismissing Porter’s conviction and 
ordering him released “immediately and 
without delay” in the 1996 murder of 
Tyrone Camp.


 

Permalink

]]>
http://files.posterous.com/user_profile_pics/885500/DPA_logo_smaller.gif http://posterous.com/users/YSeCZXHC6zL The Advocate The Advocate The Advocate