Innocent Man Freed After 35 Years in Prison

Representing a person on a criminal charge is not easy. It is not the type of legal case that should be handled by the young or old inexperienced lawyer. Today in the news there was another example of a wrongful conviction. This particular man was convicted of a sex crime 35 years ago. After years in prison he was able to get help from attorneys who were able to have the DNA found on the victim tested. The DNA was absolutely not the DNA of the imprisoned man. To the credit of the prosecutor he moved to set the man free and dismiss all of the charges against him.

The really sad story in this case is the eye witness identification. The victim of the crime positively identified the man who he believed committed the crime. What was discover after years was that the law enforcement officers suggested to the victim who could have committed the crime. From that point on the victim was absolutely convinced beyond any doubt that the innocent man committed the crime. This is a constant pattern in these DNA cases. Several hundred people have been proven innocent by DNA evidence yet the eye witnesses claimed they absolutely committed the crime. What this should make us understand is the power of suggestion and how easy it is for someone to incorrectly identify another person.

I cannot imagine how horrible it would be to have been convicted of a crime you did not commit and afterwards have no one willing to believe you were innocent. This is why our system of justice has had strong protections built into it through the Bill of Rights. I have observed over my 29 years of law practice many instances where Courts have not afforded an accused the benefit of the doubt. According to our rule of law, any doubt should be resolved in favor of the accused. I do not believe this is uniformly or typically applied in criminal cases. My experience has taught me that doubts are not resolved in favor of the accused.

At Coxwell & Associates we have experienced attorneys who have defended almost every type of criminal case. We go from Municipal Courts to Circuit, Federal Court,and the Mississippi Supreme Court. Our attorneys are tested in trial. If you have a criminal charge call the us for a professional, competent evaluation of your problem. Our goal is to solve our client’s problems quickly and as cost effective as possible.

Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.

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