03/06/08

Innocence Project now holding up a scary mirror for all of us

By Charlie Mitchell
post@vicksburg.com
The Vicksburg Post

VICKSBURG — It's not unusual to hear a person behind bars insist the state got the wrong guy.

Using DNA, however, The Innocence Project has been doing something unprecedented in Mississippi: Proving it.

It's unsettling stuff - or should be - to those who have been comfortable believing that while police and courts may not be perfect, it's almost impossible for people who have done nothing wrong to wind up in prison.

Take the case of Arthur Johnson.

In 1993, he was convicted of raping a young woman in Sunflower County at gunpoint. Johnson provided an alibi and said he didn't do it. Jurors, however, believed the victim who testified that Johnson was the man who attacked her. The judge gave Johnson 55 years in Parchman.

Last week - after serving 16 years - he had his first meal with his family as a free man. Under the auspices of The Innocence Project, the DNA found in semen found on the victim's clothing did not match Johnson's DNA. The state doesn't know who raped the woman. Science says - conclusively - it wasn't Arthur Johnson.

Earlier last month, the exonerations of Kennedy Brewer and Levon Brooks attracted larger headlines, perhaps because Brewer had spent 10 years sentenced to die.

Brewer was convicted of taking a 3-year-old child, the daughter of an ex-girlfriend, from her Noxubee County home in 1991 before raping and killing her and leaving her body in a creek. Eighteen months earlier and in the same county, another 3-year-old girl had been taken from the home of an ex-girlfriend of Levon Brooks, and he was also found guilty of raping and killing that child and leaving her body in a pond. He got life.

In Brooks' case, there was no DNA confirmation of his innocence, but there was something else. As The Innocence Project pressed the case, investigators determined that an initial suspect, Justin Albert Johnson, who had a history of sex crimes, lived near both children's homes when they were kidnapped and killed. When questioned again by authorities, Johnson, now 51, admitted both homicides. And at his trial, which should be soon unless he enters a plea, prosecutors will have more than his confession. Johnson's DNA will link him - conclusively - to the victim in the Brewer case.

Nationally, The Innocence Project has scored more than 200 reversals, but, you know, they're a bunch of bleeding hearts. Yes, our beloved John Grisham is a board member and, with Scott Turow, hosted a fundraiser in Jackson - but Janet Reno, too? This state's a natural destination for quixotic do-gooders, right?

Yes. Always has been. But there's also this: They really are right. Aside from ending the personal injustices endured by Arthur Johnson, Brooks and Brewer, The Innocence Project is also showing the state how it can do better.

For instance, the Legislature could add Mississippi to the 42 states that already provide post-conviction DNA testing where there's a claim of innocence.

Mississippi could modernize the Crime Lab.

Mississippi could hire a medical examiner, the first since the last one left in 1995.

Mississippi could expedite post-conviction hearings when new or additional evidence tends to show a jury has been misled.

Those who think of The Innocence Project as meddlers - as some in the Legislature do - are making a big mistake. It's just as important to make sure the innocent are not convicted as it is to assure the guilty are convicted.

The reason should be obvious and if it's not, ponder this: Growing up, do you think Johnson, Brooks or Brewer ever imagined himself in prison for something he didn't do? But that's what happened. And if it could happen to them, why couldn't it happen to anyone?

Charlie Mitchell is executive editor of The Vicksburg Post. E-mail post@vicksburg.com.

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