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.