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They were all innocent, as DNA has confirmed since their convictions.
The Netflix 10-part documentary, "Making A Murderer," has cast a spotlight on the tactics used by the Manitowoc and Calumet County Sheriffs, the Wisconsin Department of Justice Div. Kratz's conduct especially galling is that he had to know he was breaching both ethical rules governing pre-trial publicity and special rules which expect an even higher duty of prosecutors in criminal cases. television film review, Lorrie Moore cuts straight to the cultural background against which Steven Avery was convicted first, of rape, and when exonerated of that charge, of murder, and his nephew, Brendan Dassey, was convicted of rape and murder.
Present-day prosecutor Scott Ceman is opposing, claiming there is "a lot of evidence" of Price's guilt -- while admitting that . Yet despite a lack of any physical evidence tying him to the scene and despite a reported later admission by the alleged victim that her tale was “an elaborate scam,” Mark Lawrence Weiner was convicted of abduction with intent to defile and jailed for more than 2 years.
Only when the victim was caught selling cocaine did the prosecutor stop believing her, and join the defense in a motion to vacate the conviction.
Criminal defense attorneys who were never prosecutors themselves often assume that prosecutorial misconduct is rife because prosecution attracts authoritarian personality types.
Although it is surely true that some are natural bad actors, experience demonstrates that prosecutors are strongly influenced to disregard and minimize rights by the culture that surrounds them.
Worse, the prosecutor responsible for the misconduct remains in office. Back in his heyday, Mark Price was one of at least 22 people against whom Paulus either inflated or fabricated charges designed to push his own career forward.
Now Price is seeking a new trial, based on extensive evidence discovered in the 25 years since his murder conviction. It would be an unusual abduction strategy for anyone, particularly for a 52-year-old grocery store manager and Barboursville, VA family man.
Kussmaul is still in prison, and all four defendants want their innocence to be a matter of record. Prosecutorial misconduct and the misuse of jailhouse informants are persistent problems in the criminal justice system.
According to the National Registry of Exonerations, since 1989 there have been 923 exonerations tied to official misconduct by prosecutors, police, or other government officials, 89 of them in cases involving the use of jailhouse snitches.
The abuses put innocent people in jail, set guilty people free..
Though it’s common for court cases to end with defendants or their lawyers claiming bad behavior by prosecutors, actual legal findings of prosecutorial misconduct – decisions reached by a judge and entered into the record – are rare.
And the embattled Orange County District Attorney’s Office has the state’s worst record based on population. Robert Jones of New Orleans, LA was sent to Angola for an April 1992 French Quarter crime spree that included robbery, kidnapping, rape and murder even though evidence pointed to a man named Lester Jones - no relation to Robert - as the single culprit. One piece of evidence was electrophoresis which found that Harris matched some of the proteins found in the biological evidence at the scene.