Friday, October 17, 2008

Fear of the death penalty leads to an innocent man being in prison for close to two decades

Nineteen years ago, three witnesses testified that they saw Joseph E. White and Thomas Winslow take turns raping a 68-year-old Beatrice woman, who was suffocated to death in the assault.

On Wednesday, DNA evidence indicated that all three witnesses had lied.

In a history-making ruling, White, 45, is now a free man after being awarded a new trial, one that may never be held. He was serving a life sentence for murder.

Winslow, 42, convicted of second-degree murder, was granted a resentencing hearing on Friday, and he is expected to be released at that time.

Both men served 19 years in prison.[...]

New DNA tests -- permitted under a 2001 state law -- showed that semen samples and hair found at the scene didn't match either White or Winslow. They were both convicted in the brutal rape and slaying of Helen Wilson in 1985.

The only DNA match was for another male, as yet unidentified.

The test results, presented while several members of the victim's family watched in stunned silence, marked the first time anyone in Nebraska won a new trial or resentencing due to DNA testing.

"We just don't know what to say -- it's mind-boggling,'' said Wilson's brother, Larry Wilson of Scottsbluff, Neb., during a break in the hearing.

The family thought justice had been delivered two decades ago, he said.[...]

Why would three witnesses lie?

(Attorneys) Stratton and Soucie said the three witnesses were pressured by the threat of the death penalty and enticed by offers of reduced charges and shorter sentences if they testified.

"A decision was made to tell a story'' to avoid death row
, Soucie said, and that "raises very serious ethical questions'' for those who support the death penalty.

"They were scared to death by the police,'' White said about the witnesses after Wednesday's hearing.

Taken from DNA evidence lets man walk free from prison after 19 years. Please read complete article by Paul Hammel, Midlands News Service here

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