03/17/08

Innocence: Miss. crime scene prowess lacking

The Clarion-Ledger
View original online article here

Even the most diehard proponent of capital punishment would not want innocent people to be wrongly convicted - that is, if imposing justice is indeed the goal.

But, unless Mississippi starts investing in improving the state's system for criminal investigations, the inescapable conclusion must be to consider halting executions.

A disturbing list of wrongful convictions is providing evidence for that conclusion:

  • On Thursday, Levon Brooks walked free after serving 18 years in prison for a crime he didn't commit. In 1992, Brooks was convicted and sentenced to life in prison in the slaying of his girlfriend's daughter, Courtney Smith, 3, in Noxubee County. DNA evidence showed he was not the rapist.
     
  • In February, former death-row inmate Kennedy Brewer's capital murder conviction was thrown out, and he was set free. Brewer was sentenced to die in 1995 for raping and murdering a 3-year-old girl until DNA testing showed he wasn't the rapist.
     
  • In 2006, Cedric Willis of Jackson was freed after spending 12 years behind bars.
     
  • Other cases are under review.

Since 1989, DNA testing has been responsible for the postconviction exonerations of 213 people nationally, according to Emily Maw, director of the Innocence Project New Orleans.

Mississippi lawmakers over the years have voiced staunch approval of capital punishment, despite failing to adequate fund both criminal investigations and judicial resources to speed trials through providing indigent counsel.

It's almost as if lawmakers want to talk "tough" on crime, but go limp on effective prosecution and incarceration by failing to fund the criminal justice system.

But if Mississippi wants to pass constitutional muster to continue to impose the death penalty, it must:

  • Fully staff and equip a modern Crime Lab, including fast, accurate DNA testing (chronically underfunded, the lab has routine staff vacancies and has had backlogs of up to 1,000 cases more than a year old);
     
  • Hire a full-time state medical examiner (the position has been vacant since 1995, with one pathologist responsible for more than 1,500 autopsies annually, an impossible standard);
     
  • Upgrade forensic training and investigation statewide (Mississippi's coroner system is woefully inadequate and outdated).


Mississippi can't continue to "get along," with the possibility of continuing to convict people later found to be innocent, or even - heaven forbid! - execute the wrong people.

Brooks, behind bars for 18 years, and Brewer, on death row, for heaven's sake, should send the message that Mississippi's forensic system is a crime in and of itself.

The state must clean up its act.
 

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