Prove your Innocence state tells man (after he is freed by dna and wants $

[The Straight Story]

‘Be patient’ may be words men have to live by
Sunday, January 22, 2006
MIKE HARDEN

The answering-machine message at Timothy Howard’s home tells callers, "Jesus is the light of the world." Howard’s family and friends can only pray that he won’t lose sight of that. Wrongly convicted, along with Gary Lamar James, in the 1976 shooting death of a bank guard during a Columbus holdup, Howard and James spent 26 years behind bars before being exonerated in 2003.

Thursday, in the civil action to determine whether the two are entitled to compensation, Franklin County Common Pleas Judge David E. Cain issued a ruling whose message — essentially — was, "Prove your innocence."

The civil trial in which Howard and James must do that will likely take place in April.

In 1976, the state had to prove that Howard and James were guilty beyond a reasonable doubt. In 2003, the state said that — given the withholding and manipulation of evidence, the lying and the inducement to commit perjury — no sane juror would find them guilty. Now, despite the unshakeable evidence of their innocence, the state is running them through the wringer again.

http://www.dispatch.com/news-story.php?story=dispatch/2006/01/22/20060122-C1-00.html

[MADem]

1. Sounds like a "stall and settle" tactic on the part of the state

Attorneys for Franklin County Prosecutor Ron O’Brien and Ohio Attorney General Jim Petro are vigorously disputing paying the men. "I have to assume that they don’t want the state to have to compensate Tim and Gary for mistakes prosecutors made 30 years ago," Owen said.

"There is no physical evidence that points to their guilt, and the only scientific evidence that exists — the fingerprints — points to their innocence."

You have to wonder if some time before the trial is supposed to start that the prosecutors will quietly offer a settlement?

[kevinbgoode]

2. 'prove your innocence?"

Talk about an "activist" judge. . .who exists apparently to protect the state instead of the people...oh..I forgot - that's exactly what the Repukes want.

[AX10]

3. "prove your innocence"?

:wtf: This is an ACTIVIST JUDGE who should be impeached, convicted, and thrown into JAIL!

[rpgamerd00d]

4. This is normal. You are guilty until proven innocent in a civil court...

... the whole "you are innocent until proven guilty" only applies to criminal cases.
In civil cases, you are actually presumed guilty until proven innocent.
That's just how our law works.

I am surprised most of you don't realize this about our country.

[northzax]

5. I'm not sure that is all that relevant here

since if it was the case, the State would be presumed guilty (and I think it's not that you are presumed guilty, just that the standard of proof is not "beyond a reasonable doubt" but "the Preponderance of the evidence"

This is actually a good thing here. His convictions were not thrown out because evidence, like DNA, proved him innocent, only that a reasonable person would not have convicted him given a fair trial. In order to claim financial recompense from the state, you would have to prove that the state maliciously prosecuted you when they knew, or should have known, that you were innocent of the crime you were accused of.

There is a difference between "innocent" and "not-guilty" in this sense. A jury determines legal guilt, by acquitting you, they are not saying that you are innocent, only that the State was unable to prove you guilty. That is an important distinction.