Ups and downs on the road to freedom

September 24, 2011

I just attended (but felt to old to fully participate) Utah's "undie's run". Hundreds of people in their underwear gathered at Gallivan Center and then either walked or ran up State St. to the Capitol. I thought it was just too much of a hill, and now I wish I had gone up. Some were real athletes who ran hard the whole way. Most ran and walked at their own pace. The police closed State St., and it was quite a festive occasion. There was to be an "after party" at the Gallivan Center with music and beer after, but I left. Very impressive event, and many wrote messages of freedom on their bodies, protesting Utah's liquor laws, advocating legalization of mj and gay marriage, etc. It occurred to me that this is my constituency, and that I should have done something to let them know who I am and what I stand for. They should all vote for me in my next run for Attorney General (if I do it). I have to work on getting that message out. Anyway, I left feeling quite good about freedom in general. And the funny thing is that tonight was also the LDS Church Women's conference. TRAX was full of well dressed women on their way to conference. I can't help but chuckle about the two groups running into each other on the way home.

Last week I went to Las Vegas for a convention. I have always been able to avoid those new scanners at the airport until now. I was scanned going both ways. The scanners have been modified to eliminate the explicit nature of the images. But, on the way down, a single dime in my pocket triggered an extra pat down. On the way back, I was very careful not have ANYTHING in my pockets, and the machine found nothing. Nevertheless, I still got the pat down. This time he took my wallet and leafed through it. I assume that was a result of the raised middle finger during the entire process. To their credit, they were polite enough, even wishing me a nice flight. But the combination of that damned machine, the extra patdown, and the wallet thing made me feel quite violated. It is my understanding that Congress is in the process of defunding the machines. It will not be soon enough for me. No, I do NOT feel safer. I only feel harassed. And I do not like it. Thanks again to Congressman Chaffetz for his untiring efforts to do away with this.

And finally, I need to mention the sadness of the execution this week of Troy Davis, in Georgia. I don't know whether he killed that police officer. And I don't think the State of Georgia knows either. There have been so many mistakes, that unless we really are sure, this final solution should NOT be used. Please read my previous blog (Innocent Man Part 2) about our successful efforts to exonerate a man who spent over 4 years in prison for a cirme he did not commit. And I also recommend that you read John Grisham's recent and disturbing novel, "The Confession", about efforts to save an innocent man from execution. Last week, during a debate, Governor Perry of Texas boasted about the number of execution in his State during his watch. What a horror, if we elect this man President.

I am working on putting together a campaign for Attorney General (again) because somebody does need to keep saying what needs to be said about freedom. And enither of the two "major party" candidates will do so. Please help me with this effort. Register to vote, tell your friend, and consier a small contribution. There is so much that needs to be done to advance the cause of freedom.

An innocent man, part 2

September 12, 2011.

First, I apologize that I haven't been working on this blog for a while. So many things to do. So many windmills to tilt at. Today, however, it is most important that I take the time to do this.

Back in July, 2008 I posted about my efforts to obtain compensation for a man who had spent four and a half years in prison for a crime he did not commit. Due to the efforts of his public defender, his conviction was thrown out, and he was set for a new trial in July, 2007. On July 6, 2007 (happens to be my birthday), the State dismissed all charges, and he was released. The next day he came to see me about obtaining compensation for his wrongful imprisonment.

Harry Miller had been charged with an armed robbery in Salt Lake City at a time when he was most certainly in Louisiana, recovering from a mild stroke. Evidence showed that he was there at least a few days before and a a day or so after the robbery, but there was a period of 2 days or so that was not clearly accounted for at trial. Despite the fact that it did not seem likely that he was in Utah during the crime, it was POSSIBLE, based on the lack of precise evidence of alibi, that he could have gotten on a plane, flown out here, committed the robbery, and flown back. His trial attorney thought this was so silly that he didn't see much likelihood of conviction. The fact that Mr. Miller is black, and the victim didn't have much contact with black men, may have figured in. More than two years later, the victim identified Mr. Miller as her attacker, and, despite the seemingly weak evidence, he was convicted.

At the time he was released, there was little that could be done. The police had not falsified evidence or done anything else to violate their oaths. But the legislature was considering a new law which allowed compensation for people imprisoned, who were later determined to be "actually innocent". We patiently waited almost a year until the new law went into effect, and then we filed. In my July, 2008 post, I noted that the State did even not want to give Mr. Miller a hearing to determine his innocence. They simply relied on the evidence at trial, and claimed that it was too late now to add extra evidence, even though the results of that trial had been thrown out. The District Judge agreed, and we appealed. On November 19, 2009, the Court of Appeals said that we were entitled to a hearing at which we could introduce whatever evidence we had of actual innocence.

At this point, the Utah Innocence Project stepped in and volunteered to use its resources to track down witnesses, issue subpoenas, and put together a good case. They did a wonderful job, and it began to appear that we would win. But, it took over four years from the time that he was released.

I AM TOTALLY THRILLED TO REPORT THAT THIS MORNING THE STATE STIPULATED TO FACTUAL INNOCENCE, AND THE COURT SIGNED THE ORDER COMPENSATING MR MILLER FOR HIS TIME SPENT IN PRISON. THE COURT ALSO EXPUNGED HIS RECORD OF ARREST AND CONVICTION. THIS IS ONE OF THE GREATEST DAYS FOR MY LAW PRACTICE. The practice of law is terribly frustrating on many occasions. Many times I am convinced of the rightness of my cause, and I lose anyway. Sometimes I almost want to quit. DAYS LIKE THIS MAKE IT ALL WORTH IT. JUSTICE HAS BEEN DONE. CONGRATULATIONS, MR. MILLER.

I am very pleased for my part in this. The appellate lawyers who won a reversal, Margaret and Patrick Lindsay, and the lawyers for the Innocence Project, especially Jensie Anderson, did as much or more. Thank you all for what you have done. And thank our founding fathers for a system that (at least sometimes) works to achieve justice. WHAT A WONDERFUL DAY.