What do Utah’s Harry Miller, Florida’s James Bain, and my latest client have in common? Three things: (1) They all claimed actual innocence; (2) they all believed that actual innocence would be enough to exonerate them; and (3) they were all wrong.
In a previous post, I detailed Harry Miller’s plight. The State accused Miller of robbing a woman about two weeks after having a stroke. The State’s theory relied on Miller flying to Utah, robbing a woman for a paltry sum, then flying back to Louisiana. Nearly impossible. Miller spent four years in prison. His defense was actual innocence. The jury still convicted him.
As heinous as that sounds, James Bain’s case is much worse. Today, Florida released Bain from prison after 35 years. DNA evidence exonerated him after a Florida jury convicted a then 19 year old Bain of raping a 9 year old boy.
Last week, a jury convicted my latest client of a drive by shooting. His family retained me to arrest judgment and move the court for a new trial. This man’s family is awe struck. They were sure he would be found not guilty because he was innocent. They are still incredulous, the whole trial surreal.
All of these people believed that the system works. Somewhere along the way, they heard Blackstone’s Formulation: “better that ten guilty persons escape than that one innocent suffer.” This ratio, with origins in the Bible, is no longer true. The justice system is not about justice, it’s about winning.
Prosecutors don’t get promoted for dismissing cases, they get promoted for winning them. Winning is important to prosecutors because the voters that put them into office believe in punishing criminals; justice is swift and merciless. Justice is not compassionate or understanding.
So what’s the moral of this post? When charged with a crime, don’t depend on the kindness of strangers to do the right thing. Don’t even depend on the truth. Depend on a competent attorney who is going to toss and turn in bed at nights over how to set you free.
