Innocent Man Ruined by "Justice" System

[jbg]

This story, which I excerpt below (link to article) highights the wreckage that a brutal justice system, combined with a society that really doesn't care about people, can cause.

Jeffrey Deskovic was arrested at age 17 for a rape he didn't commit. He was not allowed to seek his mother's intervention or help. Pressured by cops wanting to solve a crime at any cost, including wrecking the life of an innocent man, he "confessed". Sixteen years later, DNA evidence, and the "Innocence Project" frees him.

Were the police, and other people so touchingly eager to ruin this man there to put his life back together? The Innocence Project helped with a legal victory. We now have a person who is in his mid-30's, is learning how to knot a tie, price-shop at a grocery store, look for a job and take care of other mundane tasks. In addition to comments, I would like suggestions, since I am a successful attorney in this man's county, as to what I, my synagogue and the community can do to restore this man's life. Excerpts in body below:

Excerpts of article:

Jeffrey Deskovic, left, on a subway to Greenwich Village. He was freed last year after 16 years in prison. (MLW does not support images so I supplied link)

November 25, 2007

Free and Uneasy

Vindicated by DNA, but a Lost Man on the Outside

By FERNANDA SANTOS

As a boy, Jeffrey Mark Deskovic could swim the length of a pool underwater without coming up for air. On sultry days at the Elmira state prison, where he spent most of his 16 years behind bars for a rape and murder he did not commit, Mr. Deskovic would close his eyes under a row of outdoor showers and imagine himself swimming.

For months after his release in September 2006, he had been yearning for a chance to dive in, to test his endurance, to feel that familiar sensation of pushing his body through the water, to get to the other side.

On a late-winter afternoon before giving a speech on wrongful convictions, Mr. Deskovic giggled mischievously as he stood at the edge of a hotel pool in Latham, N.Y., an Albany suburb, then leapt in abruptly, hugging his knees to produce a huge splash. In shorts and T-shirt, he sucked in some air and dived under, holding his breath. And holding it. He made his way across the pool in hurried, sideways strokes, and emerged gasping but smiling.

“Yes! Yes! I did it,” Mr. Deskovic yelled, his fists clenched above his head like a victorious boxer. “I still have it in me.”

(snip)

Having spent nearly half his life locked up, accused of brutalizing a high school classmate he hardly knew, Mr. Deskovic was sent into the world last fall lacking some of life’s most fundamental skills and experiences.

He had never lived alone, owned a car, scanned the classifieds in search of work. He had never voted, balanced a checkbook or learned to knot a tie.

He missed the senior prom, the funeral of the grandmother who helped raise him, and his best friend’s wedding.

He said he had never made love.

(snip)

In his canvas book bag, Mr. Deskovic carries a copy of a newspaper article about his exoneration, in case anyone questions why a convicted killer is walking the streets. The newspaper picture of him and his lawyers also adorns Mr. Deskovic’s new Web site

(jeffreydeskovicspeaks.org)

and MySpace page, which until recently included a plea: “Is anyone up to showing a man who has been away for 16 years how to have a good time?”

In his loneliest moments, when he scans the few personal contacts on his cellphone and realizes he has no one with whom to share his angst, Mr. Deskovic misses the predictability of prison life, where decisions were made for him.

*****

[Higgly]

Good post. Hopefully all the death penalty fetishists here will read it.

How many of these cases are we up to in Canada now? Must be a good dozen or so in the past 5 or 6 years. This Smith thing in Ontario is bound to result in a whole bunch more.

For those unfamiliar with the case, Dr. Charles Smith worked for the Ontario Coroner's office and testified as an expert witness in many cases involving murder, rape, and other such heinous crimes. It has since been found out that Smith was just plain wrong in a significant number of instances and as a result many innocent people went to prison. Recently a man was released when it was proven that the child he had been convicted of raping and murdering had in fact died of natural causes. Smith's testimony is what had sent him to prison.

If I'm not mistaken, there was a similar instance down in Texas ten years or so ago. The difference of course is that in Texas they execute convicted murderers.

[trex]

So is that the end of his legal fight? Is there no recourse, an investigation to determine the who, why and how he was put in jail while innocent... I wouldn't let it rest. If it were me in his shoes, I'd dedicate the rest of my life to fighting it, sue those who are responsible. But not just for the money, for the suffereing and humiliation. I'd go after them all, the cops, the crown, judges, witnesses. I hope he got some kind of payout in compensation?

[jbg]

So is that the end of his legal fight? Is there no recourse, an investigation to determine the who, why and how he was put in jail while innocent... I wouldn't let it rest.

Read the article. He hasn't, and didn't. He's bringing or has brought a lawsuit in US District Court, Southern District of New York.

[Oleg Bach]

Read the article. He hasn't, and didn't. He's bringing or has brought a lawsuit in US District Court, Southern District of New York.

You walk into any north american court - and if these dumb and base monopolizing creeps that run the system so much as smell any goodness in a person - or ethics - or someone who is actually seeking real justice - YOU ARE SCREWED...There is a phemomena that has siezed the judicary - They really have no regard or concern for what is right or wrong - once law gets to that point it is not law - we have a lawless and abusive judicary - stacked with self serving lieing cowards who will do anything and say any thing for a pay cheque . Ask any old lawyer who has seen the shift from law to lawlessness over the years if there is a justice system. They will use the phrase "we do not have a justice system - we have a legal system" ..Even that is not true...the courts behave as a rule illegally and breach their own rules constantly - I have seen lawyers hide documents for a full five years and at the end spring them on the private litigant...This REFUSAL to disclose is typical - judges see the breach in law - even the Supreme court sees the breach in protocol and process...It's all very cloak and dagger these days - to hide an endorsement - that shows bad faith and corruption seems to be exceptable - once presented with this fact - even the chief justice is dumbfounded and wordless - to admit that from the bottom to the top is a sham - that corruption is just fine...I would suggest that the public stay away from the judicary at all cost - in effect boycott the creeps.

[jbg]

I have appeared before many honest, hardworking and sincere judges. Youir attack, while your constitutional right, is totally out of bounds.

[Higgly]

I have appeared before many honest, hardworking and sincere judges. Youir attack, while your constitutional right, is totally out of bounds.

I know some very decent people who work in the justice system, although I don't deny there are also some really bad characters. The Toronto Police Commission tried to get Personality testing introduced into the hiring process, but was fought tooth and nail by then chief Julian Fantino. I always thought it was good idea. Some real horror stories have come out of that outfit, although most cops are decent people. Any police service tends to attract a certain element that is not much better than some on the other side...

[ScottSA]

I have appeared before many honest, hardworking and sincere judges. Youir attack, while your constitutional right, is totally out of bounds.

I'm sure there were many honest, hardworking and sincere Nazis too. Not to equate judges with Nazis, but your line of reasoning; using the specific to argue the universal; doesn't work.

[FTA Lawyer]

I'm sure there were many honest, hardworking and sincere Nazis too. Not to equate judges with Nazis, but your line of reasoning; using the specific to argue the universal; doesn't work.

In context with the rant he was responding to, jbg's comment works perfectly. Oleg suggests that the courts as a rule behave illegally and breach the rules of the justice system constantly. Such statements are bereft of any logic and jbg just called him on it.

The fact is that literally thousands of court cases are conducted every day in Canada and in the vast majority of cases justice is served. The majority of all persons in the system work hard, honestly and with integrity. Unfortunately, people like Oleg have one bad experience and equate that with the end of civilization as we know it.

Chicken Little is now apparently wearing robes and brandishing a gavel?

FTA

[kengs333]

So you're a members of the same synagogue, are you? What happened to maintaining your anonymity on the Internet?

[jbg]

So you're a members of the same synagogue, are you? What happened to maintaining your anonymity on the Internet?

No, I said I was interested in seeing what my syngague, and specifically the Men's Club (which I did not identify, and functions as a sub-unit of the community the same way a PTA at a school would) could do in this regard. He is not Jewish. Edited November 30, 2007 by jbg

[Posit]

In context with the rant he was responding to, jbg's comment works perfectly. Oleg suggests that the courts as a rule behave illegally and breach the rules of the justice system constantly. Such statements are bereft of any logic and jbg just called him on it.

The fact is that literally thousands of court cases are conducted every day in Canada and in the vast majority of cases justice is served. The majority of all persons in the system work hard, honestly and with integrity. Unfortunately, people like Oleg have one bad experience and equate that with the end of civilization as we know it.

Chicken Little is now apparently wearing robes and brandishing a gavel?

FTA

The majority of all persons in the system work hard, honestly and with integrity.

Aw come on FTA, you don't honestly believe that hogwash, do you?

From the minute a suspect is charged there is a concerted effort by the defendant's counsel to limit, cloud or hide the truth. At the same time the Crown seeks to amplify its case, or knowing it isn't that stable make a deal. There isn't an interest in justice...just an obsession with expediency.

Community justice forums has offered to take the majority of minor crimes out of the courtroom and into a community setting where justice is meted out through restorative justice, Yet the biggest opponents of such a successful process (less than 15% recidivism rate) are lawyers, who claim that the defendant's rights are being violated without their presence - even when the defendant willingly agrees to it. The bottom line of their argument is that taking minor crime away from that bloated and ineffective court system threatens the income of lawyers.

I've seen far too much in my 1/2 of this century to believe that there are good people doing good things in justice. All that anyone is doing is perpetuating the myth that justice is served while those privileged with money or relatives connected to the system get slapped with minor fines or community service that never gets done, while those of lower caste spend time for the same crimes.

IMV, there is no interest in upholding law. Just an interest in serving that money that can be milked from those who find unfortunately find themselves on the wrong side of it.

[FTA Lawyer]

Aw come on FTA, you don't honestly believe that hogwash, do you?

From the minute a suspect is charged there is a concerted effort by the defendant's counsel to limit, cloud or hide the truth. At the same time the Crown seeks to amplify its case, or knowing it isn't that stable make a deal. There isn't an interest in justice...just an obsession with expediency.

Community justice forums has offered to take the majority of minor crimes out of the courtroom and into a community setting where justice is meted out through restorative justice, Yet the biggest opponents of such a successful process (less than 15% recidivism rate) are lawyers, who claim that the defendant's rights are being violated without their presence - even when the defendant willingly agrees to it. The bottom line of their argument is that taking minor crime away from that bloated and ineffective court system threatens the income of lawyers.

I've seen far too much in my 1/2 of this century to believe that there are good people doing good things in justice. All that anyone is doing is perpetuating the myth that justice is served while those privileged with money or relatives connected to the system get slapped with minor fines or community service that never gets done, while those of lower caste spend time for the same crimes.

IMV, there is no interest in upholding law. Just an interest in serving that money that can be milked from those who find unfortunately find themselves on the wrong side of it.

I can honestly say that I have never once attempted to "limit cloud or hide the truth" on behalf of a client. I can also honestly say that well over 80% of my criminal clients plead guilty. It's sort of hard to hide the truth when you admit to what you've been charged with.

I can also honestly say that step one in every criminal case is to explore whether a community diversion program is available to your client...it's a guarantee to avoid jail and a criminal record. I can further honestly say that I have never once recommended a client refuse an Alternative Measures Program referral when it was offered to him / her by the Crown.

I can honestly say that I burn the midnight oil just as long for a Legal Aid client as I do for a wealthy one (and I do have both extremes in clients who have nothing but the clothes they are wearing and others who have enough money to buy small countries if they wanted to).

This year alone, I have returned thousands of dollars of retainer funds to clients because I didn't need to do as much work as was orignially expected on their file, or becuase I specifically advised them to abandon an application that was unlikely to produce a good result (and thereby ended their need for my services).

And, I can tell you that my practice is successful, both for myself financially and for my clients in the results that I get...and, most of my colleagues in the city of Calgary can say all of the above for themselves as well.

And the truth (about how the justice system really works) shall set you free...

FTA

[Higgly]

How did Synagogues get into this? Good grief.

I agree with FTA Lawyer - the system works most of the time. The problem is that when it doesn't work, ir destroys lives. Why isn't that something worth worrying about?

We have only so many years on this planet. What can be more precious than that? Shouldn't we be worried if those years are compromised wrongly? How much more simple can this be?

[jbg]

How did Synagogues get into this? Good grief.

The victim is looking for venues to talk about the rights of wrongfully convicted people and I may just seek to supply him with the synagogue as a venue in which to speak.

I agree with FTA Lawyer - the system works most of the time. The problem is that when it doesn't work, ir destroys lives. Why isn't that something worth worrying about?

We have only so many years on this planet. What can be more precious than that? Shouldn't we be worried if those years are compromised wrongly? How much more simple can this be?

Exactly the point of my post.

[Posit]

I can honestly say.......

Unfortunately because the system is so full of people who do cloud the truth, my first reaction to a lawyer that says "I can honestly say...." is to not trust anything else that comes out of his mouth. A prejudice I have to deal with, yes, but I can honestly say more realistic than naught......

[August1991]

Unfortunately because the system is so full of people who do cloud the truth, my first reaction to a lawyer that says "I can honestly say...." is to not trust anything else that comes out of his mouth. A prejudice I have to deal with, yes, but I can honestly say more realistic than naught......

I tend to agree.

I can honestly say that I burn the midnight oil just as long for a Legal Aid client as I do for a wealthy one (and I do have both extremes in clients who have nothing but the clothes they are wearing and others who have enough money to buy small countries if they wanted to).

This statement is too self-serving to be credible.

Most people in prison or who have a criminal record are poor and/or dumb. There are exceptions but without data at hand, I think this is the tendency. This however is only the tip of the iceberg of the problems in our judicial system. Court delays create injustices far more serious.

Returning to the OP, accidents happen. I don't think one can view this any differently than a tragic car accident.

A world without cars (and car accidents) is worse than a world with cars (and the inevitable accidents).

[jbg]

Unfortunately because the system is so full of people who do cloud the truth, my first reaction to a lawyer that says "I can honestly say...." is to not trust anything else that comes out of his mouth. A prejudice I have to deal with, yes, but I can honestly say more realistic than naught......

How should I open my presentation to a client when I tell him what I think then? I give up.

[Posit]

How should I open my presentation to a client when I tell him what I think then? I give up.

From my perspective the word "honesty" or any derivative is incongruent with a lawyer. "In my opinion....", or "In my persective...." would be more appropriate since both leave the door open on error.

[FTA Lawyer]

I'm not sure what to even say...I suppose it does not matter because since I am a lawyer none of it could be true?

While August may be right that most criminal clients have little money and less education, I find it difficult that he can't believe that rich smart people commit crimes too...

I have acted on criminal files for multi-millionaire clients whether you think that statement is too self-serving to be true or not.

I'm up right now working on a file for a client who scarcely makes enough $ to feed his four kids...But I guess you just have to take my word for it.

FTA