Madison man, served more than six years in prison, is ordered released

[FreakinDJ]

Madison man, who has served more than six years in prison, is ordered released

A Madison man who served more than six years in prison for a sexual assault he said he didn't commit was ordered released Friday after a Dane County Circuit judge overturned his conviction.

Judge Patrick Fiedler cited new DNA evidence and newly developed scientific research on faulty eyewitness identification in throwing out his own judgment of conviction in the 2002 case against Forest Shomberg.

Shomberg's attorney, Byron Lichstein of the Wisconsin Innocence Project, praised the decision.

"I think the judge followed the law and found significant new information that came up since the trial," he said.

http://host.madison.com/wsj/news/local/crime_and_courts/article_06117988-d09a-11de-8341-001cc4c002e0.html

Makes you wonder why they have such a HIGH RATE of wrongful convictions in these types of cases.

and how is a it a prosecuter who uses DNA evidence every day to convict people would fight so staunchly against a man who is cleared of wrong doing by DNA. Some thing is seriously wrong with that picture. Thank Gawd we have Liberal Groups such as the Innocents Project

[pitohui]

1. i'm sure they have a high rate in wrongful conviction in ALL kinds of cases

in cases where DNA can clear a person, such as rape or rape/murder there is at least a chance that some day someone will look at the DNA and clear the wrongfully convicted

what in the world makes you think that people aren't wrongfully convicted every day for "paper" crimes in which there is no hope of proving their innocence?

the jury system is stupid and cruel, if you wanted to know the truth about matters of fact, you would get scientists to study evidence and determine the truth, you do not pull 12 random people off the street, call these untrained folks "a jury of your peers" and then pretend that 12 random untrained people with no experience in deciding matters of fact are going to determine the truth of a situation in a reliable manner

you would not be willing to have 12 "peers" vote on a matter of science, but when it's someone life or liberty, apparently it's fine to have a system where 12 untrained people can make a decision that changes your life forever

the entire judicial system is a farce as long as we allow untrained people without any special scientific knowledge of human behavior and forensice science to vote on matters of fact

matters of fact shouldn't and CAN'T be accurately decided by a vote

our system sucks, there is nothing to wonder about tho because the way it's set up there's no way it COULDN'T suck

[FreakinDJ]

2. With no DNA - why 3 witnesses placing him 30 blocks away did not acquit

That really is the question -

He opted for a "Trial by the Judge" so there were no jurors involved. He also provided 3 witnesses placing him some 30 blocks away at the time of the incident. But yet - because of the seriousness of the incident the DA over looks the absence of DNA evidence, over looks the unreliable testimony of the prosecution's witnesses and places an innocent man behind bars for 6 1/2 years.

There needs to be mandatory prison time for False Accusers and Negligent Over-Zealous Prosecutors more concerned with making false convictions rather then seeking the truth

[Heidi]

3. Recommended. The Innocence Project on problems with eyewitness identification.

The most common element in all wrongful convictions later overturned by DNA evidence has been eyewitness misidentification. Misleading lineup methods have been used for decades without serious scrutiny. Now is the time for change.

Despite solid proof of the inaccuracy of traditional methods – and the availability of simple measures to reform them – eyewitness IDs remain among the most common and compelling evidence brought against criminal defendants.

<snip>

How the wrong person gets picked
Most law enforcement agencies use the same methods they have used for decades – live and photo lineups, usually conducted without a blind administrator or proper instructions. It is stressful for victims and eyewitnesses to identify a perpetrator, and they make mistakes.

Sometimes these mistakes are triggered by a gap in memory or the desire to make an identification at all costs. In other cases, subtle cues by police – intentional or not – lead to a false identification. Almost all of these mistakes are preventable.

http://www.innocenceproject.org/fix/Eyewitness-Identification.php">Read more