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Porn Users Forum » Wrong man was executed in Texas.
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05-16-12  07:26am - 4603 days Original Post - #1
lk2fireone (0)
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Posts: 3,618
Registered: Nov 14, '08
Location: CA
Wrong man was executed in Texas.

Maybe the state of Texas can issue an apology to the man it killed by mistake. Or maybe not. Do states ever admit they are wrong?

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Wrong man was executed in Texas, probe says


Chantal Valery

AFP

Tue, May 15, 2012


File photo of the "death chamber" at the Texas Department of Criminal Justice Huntsville Unit in Huntsville, Texas. A report released Tuesday has found that the wrong man was executed in Texas in 1989 for a crime committed by another person with the same first name who looked very similar. (AFP Photo/Paul Buck)


Columbia School of Law professor James Liebman and five students studied the case of Carlos DeLuna, who was executed in Texas in 1989 for the murder of Wanda Lopez. The execution of DeLuna despite evidence he did not commit the crime is "emblematic" of legal system failure, their probe has found. (AFP Photo/Ronald Martinez)



He was the spitting image of the killer, had the same first name and was near the scene of the crime at the fateful hour: Carlos DeLuna paid the ultimate price and was executed in place of someone else in Texas in 1989, a report out Tuesday found.

Even "all the relatives of both Carloses mistook them," and DeLuna was sentenced to death and executed based only on eyewitness accounts despite a range of signs he was not a guilty man, said law professor James Liebman.

Liebman and five of his students at Columbia School of Law spent almost five years poring over details of a case that he says is "emblematic" of legal system failure.

DeLuna, 27, was put to death after "a very incomplete investigation. No question that the investigation is a failure," Liebman said.

The report's authors found "numerous missteps, missed clues and missed opportunities that let authorities prosecute Carlos DeLuna for the crime of murder, despite evidence not only that he did not commit the crime but that another individual, Carlos Hernandez, did," the 780-page investigation found.

The report, entitled "Los Tocayos Carlos: Anatomy of a Wrongful Execution," traces the facts surrounding the February 1983 murder of Wanda Lopez, a single mother who was stabbed in the gas station where she worked in a quiet corner of the Texas coastal city of Corpus Christi.

"Everything went wrong in this case," Liebman said.

That night Lopez called police for help twice to protect her from an individual with a switchblade.

"They could have saved her, they said 'we made this arrest immediately' to overcome the embarrassment," Liebman said.

Forty minutes after the crime Carlos DeLuna was arrested not far from the gas station.

He was identified by only one eyewitness who saw a Hispanic male running from the gas station. But DeLuna had just shaved and was wearing a white dress shirt -- unlike the killer, who an eyewitness said had a mustache and was wearing a grey flannel shirt.

Even though witnesses accounts were contradictory -- the killer was seen fleeing towards the north, while DeLuna was caught in the east -- DeLuna was arrested.

"I didn't do it, but I know who did," DeLuna said at the time, saying that he saw Carlos Hernandez entering the service station.

DeLuna said he ran from police because he was on parole and had been drinking.

Hernandez, known for using a blade in his attacks, was later jailed for murdering a woman with the same knife. But in the trial, the lead prosecutor told the jury that Hernandez was nothing but a "phantom" of DeLuna's imagination.

DeLuna's budget attorney even said that it was probable that Carlos Hernandez never existed.

However in 1986 a local newspaper published a photograph of Hernandez in an article on the DeLuna case, Liebman said.

Following hasty trial DeLuna was executed by lethal injection in 1989.

Up to the day he died in prison of cirrhosis of the liver, Hernandez repeatedly admitted to murdering Wanda Lopez, Liebman said.

"Unfortunately, the flaws in the system that wrongfully convicted and executed DeLuna -- faulty eyewitness testimony, shoddy legal representation and prosecutorial misconduct -- continue to send innocent men to their death today," read a statement that accompanies the report.

05-16-12  07:52am - 4603 days #2
BadMrFrosty (0)
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Registered: Mar 05, '10
Location: Prague (Czech Republic)
Sad as it is I doubt it was the first time they killed the wrong person and wont be the last. The problem with the world is stupidity. Not saying there should be capital punishment for stupidity, but why don't we just take the safety labels off of everything and let the problem solve itself?
Frank Zappa

05-16-12  08:41am - 4603 days #3
Ergo Proxy (0)
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Registered: Dec 22, '07
Location: Germany
What's the average execution number per year in Texas? 5-10? If only one of them is innocent the error bar is, by all means, unacceptably large. All hail to the hypnotoad!

05-16-12  09:55am - 4603 days #4
t9chome (0)
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Registered: Oct 30, '10
Location: usa
Governments don't admit mistakes.

Neither do citizens for all that's worth.

05-16-12  10:38am - 4603 days #5
Tree Rodent (0)
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Registered: Oct 29, '08
Location: UK
As long as there are unjust systems, people will continue to be murdered by countries who have the death penalty. The are only a very few who can be proven to be murderers. Most of those are prison governors, state governors, prosecutors, judges, and anyone who takes part in a murder.

It's simple - if someone who is murdered by the state, is proven to be innocent, judges, prison governors, state governors, guards etc. must die too. It's one of the few times I'd pull the lever or push the button.

If I were related to someone murdered I'd want to kill the people responsible. The problem is, unless someone is literally caught red handed, an unfair system then has to find those responsible, and there is always a big chance of a mistake, due to political pressures, and low budgets. However if I were related to, or loved someone, murdered by the state, I would want their blood, all of it. They should die too.

I have no religion, but if you're a Christian, I would say kill those responsible first, then forgive them. This all probably ties in with my politics. I have always considered the only good people in power are dead ones.

If life meant life, there is always a chance an unjust conviction can be overturned. If we had a just system there would be fewer unfair convictions. If countries made those in power responsible for unfair convictions, we would have a much fairer system.

05-16-12  05:50pm - 4603 days #6
Toadsith (0)
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Registered: Dec 07, '07
Location: USA
Originally Posted by Ergo Proxy:


What's the average execution number per year in Texas? 5-10? If only one of them is innocent the error bar is, by all means, unacceptably large.


Tsk-tsk. You undersell Texas. The Lone Star State likes to do things big:

2012: 5 (already!)
2011: 13
2010: 17
2009: 24
2008: 18
2007: 26
2006: 24
2005: 19
2004: 23
2003: 24
2002: 33

That is 226 American citizens killed by the Texas government in less than a decade. "I'm not a number, I'm a free man!"

Second Grand Order Poobah in the Loyal Order of the Water Buffalo

05-20-12  10:27am - 4599 days #7
BrockLion (0)
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Registered: Aug 08, '10
Location: Brookline, NH
oops

05-20-12  02:16pm - 4599 days #8
JosiahE (0)
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Registered: Oct 17, '11
Location: Australia
this is why i dont like the US, they're the cancer killing everything, the internet and the world. Most western countries follow their laws (which is stupid in my opinion).

Just look at the scapegoat Bradley Manning who was blamed for the leaking of military and government documents? Edited on May 20, 2012, 02:28pm

05-21-12  01:16am - 4598 days #9
Ergo Proxy (0)
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Posts: 52
Registered: Dec 22, '07
Location: Germany
Originally Posted by JosiahE:

Most western countries follow their laws
??? All hail to the hypnotoad!

05-24-12  04:49pm - 4595 days #10
turboshaft (0)
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Posts: 1,958
Registered: Apr 01, '08
Originally Posted by t9chome:


Governments don't admit mistakes.

Neither do citizens for all that's worth.


Technically, in a democracy, even a representative one, the government's mistakes are the citizens ones. The government, at federal and state levels, is comprised of a large number of citizens employed as its civil servants, carrying out the daily business of keeping our country running in a relatively ordered fashion. It's incorrect to think of it all being totally divorced from private citizens, especially given the number of people who can vote.

Still I find it amusing, if also a little baffling, that those who howl for "less government" also wish for a governmental authority to keep certain things in order. For example, someone may hate taxes and all the people and bureaucracy connected to them while at the same time also wishing for more police and stricter laws for them to enforce. On the other side of the debate, people may wish for "greater government control" over say, food and healthcare, but would wish for many of those in areas such as law enforcement and the judicial system to politely piss off and stay out of their private lives.

Same symptom, different cure? "It's incredibly obvious, isn't it? A foreign substance is introduced into our precious bodily fluids without the knowledge of the individual. Certainly without any choice. That's the way your hardcore Commie works." - Gen. Jack D. Rippper, Dr. Stranglove

05-25-12  12:12am - 4594 days #11
Doctor Blues (0)
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Registered: Jun 10, '11
Location: Campbell CA
I hate to see innocent people die, but what the hell does that have to do with a porn forum?????

05-25-12  05:37am - 4594 days #12
lk2fireone (0)
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Posts: 3,618
Registered: Nov 14, '08
Location: CA
Originally Posted by Doctor Blues:


I hate to see innocent people die, but what the hell does that have to do with a porn forum?????


Threads can be off-topic, and have no relation to porn.

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