Justice at Risk      Sept 15, 2004

     In 1999, I was convicted of filing false statements on my law office tax return.  During the investigation, while incarcerated and afterwards, I learned many disturbing things about our justice system.  Our prisons are overflowing – people are being executed.  If this were due solely to the punishment of criminals who received a fair trial this would not be a problem and despite the huge cost, the expense would be justified.  Unfortunately, many innocent people are in jail or being executed.  Our liberty and precious system of justice is being eroded on a daily basis.  The events of September 11, 2001 shocked the very fiber of America’s consciousness.  Thousands of lives were lost, tens of thousands of loved ones, relatives, friends and acquaintances were affected.  Billions of dollars were lost.  The cause was obvious.  The horrifying picture of the jet planes crashing into the towers is no doubt cemented into the consciousness of all Americans.  It was on the news daily.

     Most, if not all, Americans immediately condemned the demented individuals behind this blatant act of terrorism.  Yet every day the news is filled with reports of individuals who were convicted, but are now proven by science to be innocent.   The newspapers and law books are filled with cases where judges or prosecutors have manipulated the outcome of a case.  Where is the outrage?  Where is the remorse?  Where is the condemnation of these atrocious acts?  Where is the punishment for these individuals who subvert our system.  Certainly, not every conviction of an innocent person is the result of evil intentions or gross neglect by prosecutors, judges, juries or bureaucracies.  Unfortunately a substantial number of convictions are caused by evil intentions or gross neglect.  Why is this happening and what can be done about it?

Justice Must Not Be a Sport

     We must first quit looking at trials in the same light as athletic contests. When I hear of cheering at the result of a trial, whether it be those who cheered at the Simpson trial as if their favorite sport hero had just scored a touchdown or the giggling co-workers of the IRS agent who had perjured herself cheering when the verdict against me was announced, I am greatly concerned. The delivery of justice is not a contest. Legislators, prosecutors, judges, accusers, the media and spectators must view the process with dignity and a solemn commitment to speaking and finding the truth and when proven wrong - correct the mistake.

     I am sure there are some purely evil prosecutors and judges, but I fear that the greatest area for failure of the justice system has its roots in people who have good intentions but do not understand their role, are grossly negligent or are too quick to arrive at a conclusion regarding guilt or innocence of an accused defendant, then after forming a wrong conclusion systematically ignore any evidence of innocence.  Judges, prosecutors and jurors have an immense amount of power. Unfortunately power is easier to acquire than to control.

Honesty and Humility of Those in Power

     The warrior/Emperor Charlemagne was a powerful and benevolent ruler who ascended to immense power.  He is credited with improving the lot of his subjects. He provided roads, improved commerce, re-instituted the mint, organized laws and encouraged the arts. He apparently used his power wisely and for the greater good of his subjects. Unfortunately for every Charlemagne in our society there are tens of thousands of Hagars, Dagwoods and Snuffy Smiths. We must expect of our leaders Charlemagne type thinking coupled with sincere humility and overriding concern for honesty. We must practice and demand truthfulness beginning with ourselves, continuing to our children all the way to our leaders. Who can forget our president wagging and pointing his finger at us on national television and lying through his teeth about his personal experience with a young intern or the image of him giving sworn, but perjured testimony before a Grand Jury? A substantial percentage of our society said who cares! He is not the only public figure willing to lie, but his actions were highly publicized. The younger population had to have observed the fact that not only was he mildly punished, but the major outspoken criticism of his conduct came along ideological lines. There was little general condemnation of his conduct.  Unfortunately, in the eyes of many, he lost credibility and the opportunity to use his power and intellect to better our society.

Proof Beyond a Reasonable Doubt

Presumption of Innocence

     We must demand that our justice system not fail as it appears it has today. We have dozens of people on death row or serving severe sentences, who have been proven by science to be innocent. If our automobiles, child seats or airlines were proven to be as ineffective as the justice system there would be a huge uproar. The media would be frenzied, victims would sue and the lawyers would have a heyday. There is little relief available for wrongfully accused or convicted defendants.  In Ohio there is no right available to victims of lying lawyers or witnesses.  In fact Chief Justice Thomas Moyer of the Ohio Supreme Court ruled that lawyers and witness can lie with the intention to harm another and not face any civil punishment.  Judge Moyer naively states that the attorney disciplinary system adequately polices attorneys.  The facts do not support this assumption.  Judges and jurors must presume that the prosecution is wrong. Not necessarily that there is evil intent only that the prosecutor is simply wrong. The prosecution says the defendant is guilty, but the presumption is that the defendant is innocent - the presumption must be that the prosecution is wrong. Does it not follow then that the media must also presume that a defendant is innocent? I would have been pleased if the media had shown even slight skepticism in my case. There was no attempt to contact me for verification or denial of any of the charges. In fact the newspaper wrote several articles indicating that the prosecution's allegations about my character were true. The allegations had nothing to do with evidence which might prove or disprove the charges against me. In fact the reporter in question was advised that I would respond to any press releases by the government immediately. I was never contacted by the reporter for any comment. Several articles were printed before the trial and at least one article during the trial which had no bearing on the evidence. The unfortunate fact is the reporter acted as an arm of the prosecution during my case.

     Judges, being a co-equal branch of the government with the executive (Justice Department), must not allow themselves to become unwitting allies of the prosecution. Criminal courts in the state and federal systems are jamb packed each day with an assortment of miscreants who must weary both the judges and the prosecution. However, like the airline pilot who must be ever vigilant when caring for the safety and well being of the passengers, prosecutors, judges and juries have a sacred responsibility to be ever vigilant against the threat of an innocent person being convicted or worse yet executed.

This is the danger of a prosecutor going wrong. 

This is what a prosecutor should do.

Click here to read a short version of my story.

Do you have a story of an injustice Email it or a link to me.

Click here to read Death penalty innocent?.

Click here to read Amnesty International Article on Joseph Amrine

  Amrine Case Follow Up

  Death Penalty Discussion

 Leonard Peltier story

Click here to view PBS story on innocence