New from me: Michael West has now helped send at least five innocent people to prison, including three to death row.

Incredibly, West didn’t actually testify at Sherwood Brown’s trial. Another “expert” did, but used West’s notes and examination.

washingtonpost.com/opinions/2021/…
Why didn’t West testify? Turns out he was in another part of the state, giving the testimony that sent Kennedy Brewer to death row.

Brewer was also innocent.

When they later caught the real killer for that crime, the killer confessed to a similar murder in the same area . . .
. . . a couple years earlier.

Levon Brooks was wrongly convicted for that murder.

At this point, you can probably guess who gave the clincher expert testimony that also convicted Brooks.

But yes. It was Michael West.
One more thing: In at least two cases in which West helped incriminate the wrong man, the real killer went on to kill again.

And because West helped incriminate the wrong man in two other cases, two triple murders went cold, and still have never been solved.

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More from @radleybalko

29 Sep
This story reminds me of a bizarre ritual at my rural, all-white Indiana junior/high school.

Each year, our 8th grade history classes held "slave trials." Some students argued the "pro" side of slavery, some argued the "anti," and the rest ...

kansascity.com/news/local/edu…
... served as jurors or witnesses. Our teacher was well-intentioned, not at all a Confederate sympathizer, and one of the better teachers at the school. His aim was to facilitate critical thinking. It worked. It got us all interested. We couldn't wait for our ...
... own turn to hold a slave trial, and we talked about it for years afterward.

But the trials typically involved a lot of Lost Cause-ism, and could degenerate into some ugly stuff. A common tactic on the pro side, for example, was to call "Charles Darwin" as an expert witness.
Read 8 tweets
23 Sep
I'm on vacation, but I'll answer the @popehat challenge, here. I've been on the @FedSoc speaking list for about 10 years. In the mid-2000s, I'd estimate I spoke to about 4-5 law schools per semester, on topics from police militarization, to ...

... forensics, to prosecutor misconduct, to asset forfeiture, to wrongful convictions. I've always thought this was a credit to the group, since most (though certainly not all) of its members probably disagreed with me on those topics. Sometimes these were debates, but often ...
... it was just me speaking. And often, those talks were co-sponsored by the ACLU, black law student groups, the American Constitution Society, or other left-leaning groups. Which, again, I've always thought was a credit to both FedSoc and those groups.
Read 13 tweets
13 Aug
The 10th Circuit just issued a new AEDPA opinion. The case isn't about innocence. Instead, it deals with a Wyoming law that allows for a lighter kidnapping sentence if the offender released the victim peacefully.

ca10.uscourts.gov/sites/ca10/fil…
But the AEDPA discussion applies to innocence cases too, so it's worth looking at.

At issue is whether the burden should have been on the defendant or the state to show if the victim had been released peacefully. The dissent believes the state was wrong here.
Thing is, the majority doesn't even necessarily disagree. It's that it doesn't matter. Even if the state court is wrong, under SCOTUS AEDPA jurisprudence, a federal court can only overturn on a constitutional issue if “there is no possibility" that ...
Read 13 tweets
4 Aug
If you had to point to one person as a walking, talking argument against the death penalty, you could probably just point to Arizona AG Mark Brnovich.
First, two fed courts ruled Barry Jones had inadequate representation, there's persuasive evidence of his innocence, & overturned his conviction.

Citing AEDPA, Brnovich is asking SCOTUS to ignore all that, allowing Jones to be executed on a technicality.

theintercept.com/2021/07/31/dea…
At the same time, Brnovich has vowed to execute 21 Arizona death row prisoners before he leaves office in 18 months. Which of course will generate a lot of press coverage just ahead of his run for the U.S. Senate.

latimes.com/opinion/story/…
Read 5 tweets
29 Jul
Lamar Johnson is innocent. The man who committed the crime for which Johnson was has pleaded guilty.

After she was elected, the office of St. Louis DA Kim Gardner found and disclosed the evidence of Johnson's innocence that her predecessors had suppressed.
Included in that evidence: Prosecutors paid off the only eyewitness to identify Johnson, and didn't disclose this to the defense.

stlamerican.com/news/local_new…
But when the case came before the MO supreme court last year, 30 elected MO prosecutors filed a remarkable amicus brief.

In it, they argued:

1) St. Louis DA Kim Gardner behaved unethically when she asked a court to give Johnson a new trial.
Read 8 tweets
19 Jul
I've seen a number of people (many of them fellow libertarians) share this Wesley Yang post on the excesses of "wokeism."

Two of his examples jumped out at me, and I think are worth discussing in more detail.

wesleyyang.substack.com/p/welcome-to-y…
First, let's look at his claim that the "the Small Business Administration prioritized emergency Covid grants to restaurants by race."

This isn't some affirmative action program to address vague wrongs inflicted decades ago. It's about harm inflicted *last year.*
The first COVID relief package for small businesses required the loans be processed through banks, even though most of the loans wouldn't need to be repaid.

cbsnews.com/news/minority-…
Read 17 tweets

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