In some ways, I think he's lucky it was a death penalty case because the injustice drew the attention of those who ultimately able to help. Otherwise, he would have just spent the rest of his life in prison, another poor black man society had forgotten.
17
I am sorry Mr. Hinton and many others were incarcerated for crimes they did not commit. I am grateful that Mr. Hinton and (a few, but too few) others could unwind their wrongful conviction before they were executed or died in prison.
Shouting “misconduct” solves nada. The problem is endemic to our justice system. Lawyers feed non-lawyers and themselves the idiocy that our adversarial system, as it has evolved in America (“combat in the courtroom”) will best reach truth and “justice.” That is attorney auto-eroticism, just so much methane producing waste product. The adversarial system can act as an equalizer between disadvantaged and powerful in legal disputes, but mostly, as we see it today, it is an approved way to “stomp” the other side. Law students learn the goal is to win - to enhance “body counts” by evidence handling skill, manipulating juror perceptions and “tweaking” the rules of procedure – by doing whatever it takes, including withholding exculpatory evidence, offering a witness whose testimony is untruthful (perhaps only by omission) or proffering fabricated evidence against the defendant. Juries? A jury can be a way to reach justice (truth, maybe not), but juries can be manipulated: a few of those wrongfully convicted met “justice’ as the result of a jury verdict.
The Knox trials inform us that other systems are not perfect either, but let us not delude ourselves that our own system is a means to reach truth or justice. Sometimes, but often not.
Shouting “misconduct” solves nada. The problem is endemic to our justice system. Lawyers feed non-lawyers and themselves the idiocy that our adversarial system, as it has evolved in America (“combat in the courtroom”) will best reach truth and “justice.” That is attorney auto-eroticism, just so much methane producing waste product. The adversarial system can act as an equalizer between disadvantaged and powerful in legal disputes, but mostly, as we see it today, it is an approved way to “stomp” the other side. Law students learn the goal is to win - to enhance “body counts” by evidence handling skill, manipulating juror perceptions and “tweaking” the rules of procedure – by doing whatever it takes, including withholding exculpatory evidence, offering a witness whose testimony is untruthful (perhaps only by omission) or proffering fabricated evidence against the defendant. Juries? A jury can be a way to reach justice (truth, maybe not), but juries can be manipulated: a few of those wrongfully convicted met “justice’ as the result of a jury verdict.
The Knox trials inform us that other systems are not perfect either, but let us not delude ourselves that our own system is a means to reach truth or justice. Sometimes, but often not.
12
What about those doing 30 years for have 3 grams for the third time? Incarceration as an industry is corporate/union welfare. Stop now.
15
We should also remember that the prosecutor's incompetence also meant that the real perpetrators would never be found. Every time an innocent man is convicted the criminal get a free pass and cannot be brought to justice but instead can commit more crimes.
44
Ethics class 101. The basic argument for the abolition of capital punishment was that, if we sentence a single innocent individual to death, the death penalty should be abolished. Let alone killing dozens of innocent people. The blunt of justice not served falls on the backs of blacks and the poor. There is something wrong when the rich can buy their desired outcome. Shame!
25
That he probably will not be monetarily compensated is unbelievable, scandalous, and a further condemnation of our "justice" system.
24
I can see Antonin Scalia dismissing this story with a wave of his hand and a recitation of his egregiously faulty statistics on the rarity of false convictions. Moreover, Scalia's call for death penalty opponents to show him a single case of an innocent person being executed is either disingenuous or ignorant. The truth is that after a person is executed, efforts to prove his innocence basically stop. Given the empirical evidence, it is likely that scores (maybe hundreds) of innocent people have been executed.
In the most lucid and penetrating essay ever written on the death penalty, Arthur Koestler observed, "…the gallows is not merely a machine of death, but the oldest and most obscene symbol of that tendency in mankind which drives it towards moral self-destruction.” It is time for the US to join the rest of the civilized world and stop this barbaric practice. Philip Hansten
In the most lucid and penetrating essay ever written on the death penalty, Arthur Koestler observed, "…the gallows is not merely a machine of death, but the oldest and most obscene symbol of that tendency in mankind which drives it towards moral self-destruction.” It is time for the US to join the rest of the civilized world and stop this barbaric practice. Philip Hansten
47
I would submit that in addition to the many compelling objections noted by other commenters here, that the usual requirement that jurors in a death penalty trial must be affirmatively willing to impose the death penalty means that such a jury cannot be (1) a jury representative of the accused's peers, nor (2) an impartial jury. A death penalty trial cannot, by it's very nature, meet our standards of fairness.
24
Once again an innocent man is saved from execution. Yet another example of why the death penalty should be eliminated. Better all killers go free than kill one who is innocent in a justice system that is not about justice but is about winning.
24
The prosecutors in any case like this, must be held responsible for their actions as well as the arresting police. There should be a federal law that punishes prosecutors who knowingly convict an innocence person. The compensation from any state justice system should be in the millions of dollars. Now I want to know how many innocent black men and women were executed by the State of Alabama in the last 75 years. The worst is Texas.
32
It's not just the death penalty. America needs to wake up to the wretched, egregious and disgusting injustice that goes on thousands of times a day, every day. We rail against other countries--we should put as much effort exposing the horrors of our own absurd system where prosecutors and cops lie with impunity while innocent people rot and even die. Look how long it took his lawyers to even find an expert to prove his innocence. And make no mistake about it, every IS GUILTY until they prove their innocence. As as lawyer of 35 years, I speak from experience.
28
The fact that this was a death penalty case is just an aggravating factor. The true injustice was that justice can not be achieved without effective counsel, which this man was deprived of. With a competent attorney it is unlikely he ever would have been convicted in the first place, rendering the penalty phase moot.
As attorney Stevenson noted the prosecution seemed more interested in convicting anyone than it was in convicting some one who was actually guilty.
It's a disgrace, yet the prosecutors exhibit no shame. That is a prosecutorial culture that much change.
As attorney Stevenson noted the prosecution seemed more interested in convicting anyone than it was in convicting some one who was actually guilty.
It's a disgrace, yet the prosecutors exhibit no shame. That is a prosecutorial culture that much change.
25
..2 words.... SUE THEM!
10
Prosecutors are, unfortunately, immune from such suits in most places, no matter how egregious their mistakes or lies.
1
Here's the thing that really makes me angry:
He spent 30 YEARS of his life for a crime he did not commit and could have been unjustly executed at any of those years.
What would the state of Alabama say then when it was revealed that they had evidence that could have (and thankfully in this case did) exonerated him? "Opps, turns out Mr. Hinton was innocent" then some blanket statement about how sorry they were?
If a single person is executed that is innocent, like what is looking increasingly likely in the case of Cameron Todd Willingham in Texas, it shows how prosecutors only now care about winning, no matter who gets thrown in jail or killed despite their innocence.
Only when prosecutors could face some real discipline (instead of a slap on the wrist that they only rarely get now), we finally have justice return to being blind instead of peaking out from her blindfold.
He spent 30 YEARS of his life for a crime he did not commit and could have been unjustly executed at any of those years.
What would the state of Alabama say then when it was revealed that they had evidence that could have (and thankfully in this case did) exonerated him? "Opps, turns out Mr. Hinton was innocent" then some blanket statement about how sorry they were?
If a single person is executed that is innocent, like what is looking increasingly likely in the case of Cameron Todd Willingham in Texas, it shows how prosecutors only now care about winning, no matter who gets thrown in jail or killed despite their innocence.
Only when prosecutors could face some real discipline (instead of a slap on the wrist that they only rarely get now), we finally have justice return to being blind instead of peaking out from her blindfold.
18
152 innocent people freed from death row. I wonder how many innocent people have been executed. Our system of justice is not at all the best it could be when we allow appointed and elected officials ,like those in this case , go unschathed.
22
It is bad enough that innocent people were convicted of crimes decades ago. But it is unforgivable that we do not use technology and innovation that has occurred over the years to either validate or invalidate these convictions.
It doesn't matter if this man is on death row or sentenced to decades in prison - the state took his life from him based on shabby evidence. It is just plain wrong.
A justice system that stands up for wrong isn't a system of justice.
It doesn't matter if this man is on death row or sentenced to decades in prison - the state took his life from him based on shabby evidence. It is just plain wrong.
A justice system that stands up for wrong isn't a system of justice.
18
I think it is only fair to hold accountable the individuals who contributed to the wrongful accusation. It was such abuse of public trust in them. What was involved was not just error but negligence and incompetence.
20
Without lawyers like Bryan Stevenson, of the executive director of the Equal Justice Initiative, who are committed to fighting bias against the poor and people of color in this unjust criminal justice system, there literally would be no hope in this cruel and unjust system.
We are continually seeing a system that is rooted in racism, ignorance, corruption, and arrogance rob primarily Black men, along with their families, of decades of their lives without any compensation. This cannot continue to happen in a civilized society.
Perhaps that is the question. Is this really a civilized society?
We are continually seeing a system that is rooted in racism, ignorance, corruption, and arrogance rob primarily Black men, along with their families, of decades of their lives without any compensation. This cannot continue to happen in a civilized society.
Perhaps that is the question. Is this really a civilized society?
33
Bless you, Mr. Hinton. You don't have to forgive, but, if you choose to, you most certainly do not have to forget.
15
It breaks my heart just to think that he missed so much in all those years. He could have had his own family, a home, a business. The only memories that he'll have for past birthdays would be of him sitting inside a jail cell. How terrible this is. Those who are responsible must pay. Best wishes to you Mr. Hinton. God bless.
63
Criminal prosecution for all involved.
24
30 years is a long time to be deprived of your freedom, but it's not just the time. Inmates are treated poorly at most prisons and are forced to associate with some very bad people. They're fed poor food and subjected to endless bureaucratic harassment. There are good prison guards and average ones, but there are also lousy ones, ones with a bad attitude, ones who look for ways to insult and torment prisoners. Being subjected to that for decades is a heavy burden that would be bad enough if the state had proved its case legitimately. When prosecutors can't prove a case that resulted in 30 years on death row, you have to wonder how they can sleep at night.
68
Time for all of America to ban this loathsome and uncivilized practice , what is premeditated killing of individuals by the state.
46
Murder by the state, and that is what execution is, is an abominable crime and has been shown time and time again to be of no deterrent value and to have sent innocents to their deaths. Time for all of America to join civilized nations and get rid of this loathsome practice.
47
Wow. What took so long? It is incomprehensible that it wold take 30 years to prove innocence. Isn't that the opposite of innocent til proven guilty?
13
Exactly; it is the state's burden to prove guilt according to the governing standard, and it failed to do so.
7
Yet another example of why we have no business sentencing anyone to an absolute, irrevocable sentence that leaves no room for at least some measure for correction once the sentence is carried out. No system of justice will ever be perfect, and perfection really ought to be the minimum standard required of any system that presumes to impose such irrevocable penalties. Our justice system may be better than some, but it is still run by humans who will always be subject to the corruptions of bias, greed, influence peddling, etc. that plague all human beings, whether or not they are willing to admit it to themselves.
84
How anyone can believe we should execute with glaring examples like this of our flaws is beyond me.
36
What is the State of Alabama going to do to compensate this man for thirty years of life lost in the hell of an Alabama prison? How about a million dollars for every year spent imprisoned.
81
Besides fair compensation to the innocent , the prosecution and judge might receive a few years in the same prison. Their behavior was criminal.
58
Well, they could agree to set him up comfortably in some place other than Alabama.
8
Nothing, I suppose. Most states don't compensate or make it so difficult that the last thing freed prisoners want to do is go back into the court system to get their money. I recall that Hurricane Carter refused the pitiful compensation New Jersey offered him.
3
seems we hear about something like this every week, it's beyond tragic to lose 30 years of your life. god knows what the solution to this nightmare is.
28
This also goes for our youth who our being locked up and tried as adults. It is a well known fact that the frontal lobe of their brain has not fully developed and although alternative to incarceration are available this states still chooses to take children of color away from their families and expose them to deviant and the most developing stage of their life. What is that saying? You tell me if this comment is applicable - blamed a legal environment intent on scoring courtroom victories, not guaranteeing justice.
29
I totally agree, although it is not just children of color. They are almost always poor and sometimes intellectually disabled. Thank goodness for Bryan Stevenson & EJI for successfully winning some of these Supreme Court cases. Much more needs to be done before there truly IS equal justice for all…
9
Alabama has lots of judges and lawyers who are doing everything they can to stop gay people from leading happy and productive lives. But apparently they are indifferent to a defendant who spent 30 years in jail and was slated for execution. At least I haven't heard a peep from them on this issue.
Where are the state's religious leaders? We hear about many cases like this one (in many states) but I have yet to hear any of the religious people address it. You would think that jailing and possibly executing innocent people would be of concern to those worried about the sanctity of life.
If he was white, would our leaders express an interest in his type case? I don't know.
Where are the state's religious leaders? We hear about many cases like this one (in many states) but I have yet to hear any of the religious people address it. You would think that jailing and possibly executing innocent people would be of concern to those worried about the sanctity of life.
If he was white, would our leaders express an interest in his type case? I don't know.
71
What more powerful argument can one need for the case to abolish the death penalty!
66
Beyond inexcusable. Where are the legions of lawyers working for justice, not their paychecks? Where are the civil servants working for fairness? Where are the judges who demand honesty and transparency from those who purport to protect? Alabama may be worse than some, but the state is far from alone in abusing the accused.
75
I suggest that you rethink your comment, Times pick or not. You should recognize that Alabama, and many other states, have elected judges who spend time campaigning and fundraising. This is a breeding ground for the lack of justice.
A far better system exists here in Colorado: the merit selection/retention system. Candidates for state judgeships apply to nominating commissions (with no more than a simple majority from any political party). These commissions nominate 3 candidates and refer them to the governor. The governor must select one of the 3 who then serves a provisional 2 year term.
At the next election, voters are asked whether the judge should be retained. A separate performance commission (also without a substantial partisan majority) reviews the work of each judge and receives input from attorneys, law enforcement, human services employees, probation officers, jurors, parties, court staff - anyone who has had professional dealings with the judge. Surveys are sent to these people.
The performance commission prepares a detailed report about each judge's work and recommends whether the judge should be retained for a full term. Once again, no fundraising or political activity occurs.
So while I agree that what has happened to Mr. Hinton is "beyond inexcusable" I urge my fellow citizens to demand an end to partisan, politically financed systems of electing judges. That will go a long way toward bringing needed reform.
A far better system exists here in Colorado: the merit selection/retention system. Candidates for state judgeships apply to nominating commissions (with no more than a simple majority from any political party). These commissions nominate 3 candidates and refer them to the governor. The governor must select one of the 3 who then serves a provisional 2 year term.
At the next election, voters are asked whether the judge should be retained. A separate performance commission (also without a substantial partisan majority) reviews the work of each judge and receives input from attorneys, law enforcement, human services employees, probation officers, jurors, parties, court staff - anyone who has had professional dealings with the judge. Surveys are sent to these people.
The performance commission prepares a detailed report about each judge's work and recommends whether the judge should be retained for a full term. Once again, no fundraising or political activity occurs.
So while I agree that what has happened to Mr. Hinton is "beyond inexcusable" I urge my fellow citizens to demand an end to partisan, politically financed systems of electing judges. That will go a long way toward bringing needed reform.
11
GRAND JUNCTION, Colo. (AP) – A Mesa County man who inspired a new law compensating the wrongly convicted is nearing a monetary settlement with the state.
Aug 4 2013-"The Colorado Attorney General’s Office and Mesa County District Attorney’s Office said in a joint motion filed last week that Robert Dewey is owed about $1.2 million, The Daily Sentinel reported.
The 52-year-old was convicted of a 1994 rape and murder but was cleared by DNA evidence 17 years later"
Looks like that Colorado system Muleman is so proud of isn't quite as fool proof as he thought and Sharon is right that Alabama is not alone in this sort of thing.
Aug 4 2013-"The Colorado Attorney General’s Office and Mesa County District Attorney’s Office said in a joint motion filed last week that Robert Dewey is owed about $1.2 million, The Daily Sentinel reported.
The 52-year-old was convicted of a 1994 rape and murder but was cleared by DNA evidence 17 years later"
Looks like that Colorado system Muleman is so proud of isn't quite as fool proof as he thought and Sharon is right that Alabama is not alone in this sort of thing.
8
On death row for three decades and knowing that the evidence was highly suspect, if not totally wrong. Three decades living on tenterhooks for a crime he did not commit in spite of several pleas to re-open the case and get some hard evidence. I wonder how Alabama will recompense this man for loss of three decades of his life, if that is ever possible, that is. The only consolation is that he is not dead but would it be a consolation? Miscarriage of justice, how irreversible!!
43
And the prosecutors, and paid judges, and lying experts never pay for their crimes.
5
Congratulations on your freedom, Mr. Hinton. I am so sorry it was taken from you. I hope your life is filled with happiness.
68
As someone who lives in a Southern state and has been called several times for jury service, I can tell you it's not a jury of one's peers. I would eliminate the voir dire process where each side can throw out jurors altogether.
34
We should eliminate peremptory challenges, but not cause challenges, for the obvious reason we need to be able to get rid of jurors who are obviously improperly biased. Of course it is an imperfect method as anyone can lie about his or her beliefs, but it is the best possible method
1
One thing never mentioned in all these articles on Alabama is that it is a state with a long history of state-sponsored institutional slavery long after the Civil War and up until maybe 40 years ago. It is all documented in "Slavery by Another Name," written by a Wall Street Journal reporter. This case is just a continuation of a not very proud history of this state. It's just business as usual. We can only hope that Mr. Hinton received a very large cash settlement for wrongful imprisonment. Thirty years is a long time.
40
I hate to say it, but in our currently “always-connected” society, in which most of us are carrying around one form of tracking device or another that records what we do and where we are, and the rest of us can be tracked from one minute to the next with surveillance cameras watching us every time we step out onto the street, use an ATM, put gas in a vehicle or visit a post office, I can only hope that it has become a lot harder for prosecutors to throw people in jail on murder charges because everyone’s actions can be traced. That should mean that if someone is accused of a crime, the prosecution should be able to positively establish exactly where a defendant was in relation to a crime scene. It should match exactly.
7
Perhaps, but that would have done Mr. Hinton no good whatsoever, as his crime occurred over 30 years ago, when virtually nobody was 'wired.'
2
Correction: I should have written that "the crime for which Mr. Hinton was charged occurred over 30 years ago," instead of referring to it as "his crime."
1
Witnesses testified that Mr. Hinton was at work miles away when one of the murders was committed. Even if the gun found in his home had been the murder weapon, that's only circumstantial evidence, and in most cases not sufficient for conviction beyond a reasonable doubt. What was his motive supposed to have been? The original verdict was wrong in so many ways that it could be considered ridiculous were it not so tragic.
5
30 years --- that's how long it takes to bring a rich man (e.g. NYC's Durst) to trial and for a poor man to free himself - after establishing his innocence. This is a sad state of affairs. I hope the state reimburses Mr. Hinton for his 30 years. It would be a crime not to. All the best to you Mr. Hinton
95
Until prosecuters are prosecuted for this it will continue to happen.
121
What are the chances we haven't actually executed completely innocent people?
Probably about zero.
Probably about zero.
51
Not probably, definitely. Cameron Todd Willingham, for one.
19
Todd Willingham. May he rest in peace.
18
An American shame.
47
being poor, uneducated, and black has long been a capital offense.
I am only surprised that Alabama didn't murder him.
I am only surprised that Alabama didn't murder him.
91
Stevenson, one of Mr Hinton's lawyers who took on his case 16 years ago said "“He was a poor person who was convicted because he didn’t have the money to prove his innocence at trial." - Which makes one think, how many thousands of others are out there languishing in prison? I truly dread to think. It seems to me that 'justice' based on the ability to pay for it is no justice at all.
Anybody who condones the status quo or the death penalty should have a long hard think about the implications.
Anybody who condones the status quo or the death penalty should have a long hard think about the implications.
148