Michael Morton Case Study

Have you ever wondered why our justice system is so unfair? I am sure everyone would agree that someone who is a serial killer of infants and children deserves the death penalty even more so than someone who commits a lesser crime gets the death penalty as well. For example, a woman gets the death penalty for killing 7 men, but another woman does not get the death penalty for killing eleven plus infants and children. There is one woman behind my questioning. Throughout my research I decided to find a crime I never heard about before, which lead me to a woman named Genene Jones. Furthermore, I will discuss Jones’s life leading up to the events, the crimes she committed, as well as her life now.

One of several errors in the trial was a reckless omission by a forensic scientist who testified for the prosecution. Semen was found on the victim’s body, the scientist testified, and Dominguez’s blood type matched the semen sample, meaning he could have been the perpetrator. The scientist did not tell the jury, however, that two-thirds of men in America would have matched that sample. Dominguez was convicted and sentenced to nine years in prison. He was released after serving four years and sought DNA testing at his own expense. The tests proved his innocence. His case is one of many in which limited forensic science or wrong forensic testimony has led to wrongful convictions.

The case of Kusmider v. State, 688 P.2d 957 (Alaska App. 1984), was a state appeal’s court case that addressed the chain of causation for a murder, which had occurred, and the actions of the trial court judge (Brody & Acker, 2010). In this case, the appellant, Kusmider, appealed his conviction for second degree murder, based on the fact that the trial judge did not let him introduce evidence, which may have shown that the victim may have survived his wounds, if not for the actions of the paramedics.

Although no trial had taken place, both men were put “on death row before trial to create additional pressure,” with Myers’s offering more information to incriminate McMillian, Myers’s was moved over to county jail (Stevenson, 52). McMillian was subject to cruel punishment curtesy of the U.S. justice system. He was thrown into a “windowless concrete [building]” where prisoners are left to suffer in unbearable conditions (Stevenson, 53). With few privileges and far from home, McMillian was not able to have contact with his family or know what was happening surrounding his case.

Confessions have become one of the most valued pieces of evidence in the criminal justice system. What many people, including jurors, may not know is that the process to obtain a confession can vary greatly. Many confessions can be coerced by very abnormal and dangerous situations. A prime example of a suggestive interrogation with a false confession comes from the documentary titled Murder on a Sunday Morning. Alongside, the analysis of the confession given in this documentary will be the critical analysis of three separate academic articles with findings that could have better served the defendant of this case.

Frosch, D and Johnson, K. (2007). Colorado Hearing Re-examine 1987 Murder Case. Retrieved from: http://www.nytimes.com/2007/12/27/us/27fortcollins.html?pagewanted=all&_r=0

Using the example of the case of Damon Thibodaux, he was taken for questioning after a girl who they were last seen with went missing. She was found strangled and naked (Leo, 2008). A homicide officer took over the case, and Thibodaux was interrogated for several hours. Although Thibodaux repeatedly said he knew nothing about the murder, the interrogation kept going, eventually the officer was able to record a statement from Thibodaux pleading guilty of consensual and non-consensual sex with the victim, beating, and assassinating her. Thibodaux was condemned to death, and was to spend fifteen years on death row and sixteen years in jail before DNA examination confirmed that he was not guilty (Kassin, 2013). Thibodauxs exoneration proceeding concluded that fatigue and exhaustion from the overnight search for the girl, the long interrogation, psychological vulnerability, and fear of the death penalty led to the false confession by Thibodaux (Leo, 2008). This case is a great example of

Adams did not. (Radelet, 2011). After Adams took the stand and pleaded once again his ignorance of the crime, the prosecution presented a signed document that they claimed was Adams confession; but in reality stated that at some point during the day, Adams had been near the scene of the crime. They then sent to the stand surprise witnesses that the defense was not informed of. The defense intended to cross examine the witnesses but the prosecutions said that they were out of town and would be unable to return. Not surprisingly the jury returned a verdict of guilty; now the prosecution would turn its attention to Mr. Adams sentence (Martin, 2011). Seeking the death penalty the prosecution called on two expert witnesses: psychiatrist Dr. James Grigson, whom was known as Dr. Death, and Dr. John Holbrook, who was the former chief of psychiatry for the Texas Department of Corrections (Radelet, 2011).

Only May 30 1969, sixteen-year-old David Milgaard was falsely convicted for the murder of Gail Miller. He was sentenced a life imprisonment for someone else’s crime. His friends turning on him due to drugs, police failing to look into statements and lies for money all lead to Milgaard being sentenced to a life imprisonment.

Miscarriages of justices occur due to many variables including faulty or wrong confessions, faulty identifications, wrongful DNA evidence, and the police’s overreach of power. On February 9, 1978, a student from the College of William and Mary, located in Williamsburg, Virginia was sexually assaulted at gunpoint. When the police arrived at the scene, she described her assailant as an African-American male about 5’6 in height and weighing around 145. Having gathered this information, the victim agreed to identify her assailant through photo arrays at the police station. Bennett Barbour was identified arrested and in the span of about two months was charged with rape on April 14, 1978. Despite having an alibi, not matching the victim’s description, and having brittle bone disease Barbour was declared guilty by a jury. Barbour’s case is representative of the many cases in which wrongful eyewitness testimony produces miscarriages of justice. Bennett Barbour served 5 years in prison and 29 years of parole until he was cleared of his charges due to DNA evidence when the Virginia Supreme Court cleared his charges.

In 1987 in Texas, a prosecutor was faced with this dilemma. Michael Morton was convicted of murdering his wife based on circumstantial evidence. Morton’s defense attorney was never told about, or given access to, the police report in which Morton’s three year old son had told police that his daddy had not killed his mommy. After serving 25 years for murdering his wife, Morton was exonerated after attorneys were finally given access to the police report and DNA testing of a bloody bandana found at the scene of the murder matched a man who was serving a sentence for the murder of another woman.

According to a 1987 study published in the Stanford Law Review, at least 23 non-culpable individuals have been executed from 1900 to 1987, which is more than one innocent execution every four years. These miscarriages of justice are often due to evidence that was not discovered or made available until after the execution. Although recent scientific improvements, such as forensic DNA evidence, have enabled investigators to more accurately pinpoint guilt in a suspect, no current amount of scientific or technological advancement can completely guarantee that errors will never be made. In an issue such as the death penalty, where the stakes are so high – human life – any margin of error, no matter how minuscule, is unacceptable.

Today, there are over three thousand prisoners on death row. “Between 1972 and 1996, 68 death row inmates were released because proof of their innocence was found” (Acker, Bohm, and Lanier 232). Only after struggling

On the other hand, the case of Daniel Taylor, who was convicted of murdering two people also, had a solid Alibi with paperwork and witnesses to support his alibi it seemed almost impossible for the jury to find him guilty. But on “December morning in 1992, 17 year old gang member, Daniel, confessed to a double murder committed two weeks earlier in the Uptown neighborhood. (Chicago Tribune)”. The case was built upon Taylor’s confession.

Across America, certain states allow their governments to make use of the death penalty for a myriad of crimes. The methods through which it is attained is often as controversial as the act itself. In the tale of The Confession by John Grisham, the city of Slone, Texas comes to terms with the severe ramifications that come with taking someone's life, whether it be condoned by the law or not. In the case of Donté Drumm, a young football player is accused of killing Nicole Yerber, a popular cheerleader who was supposedly dating him at the time. He was forced into a confession by means of psychological torture. After nine years, Donté is killed for a crime he did not commit. The town unearths the reality that taking someone's life is a permanent action which cannot be undone when a mistake is made. The Confession takes a closer look at what the death penalty really means by not only looking at the statistics but the emotional toll it takes on the people connected to it too, explaining how the death penalty is fundamentally wrong and looking at ways to open people's eyes to the truth of it.