Death Pealty Articles

The death row 130 "innocents" scam NM

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This entry was posted on 3/4/2009 2:07 PM and is filed under Dudley Sharp - Justice Matters,Death Penalty.

To: New Mexico - Governor Bill Richardson , the Legislature, prosecutors and
                                          media throughout the  state
 
From: Dudley Sharp, contact info below
 
 Re:  fact checking issues, on innocence and the death penalty.
 
It is very important to take note that the 130 exonerated from death row is a  blatant scam, easily uncovered by fact checking.
 
 Richard Dieter, head of the Death Penalty Information Center (DPIC) and DPIC have produced the claims regarding the exonerated and innocents released from death row list.
 
The scam is that DPIC just decided to redefine what exonerated and innocence mean according to their own perverse definitions.
 
How Dieter and DPIC define what "exonerated" or "innocent" means.
 
". . . (DPIC)  makes no distinction between legal and factual innocence. " 'They're innocent in the eyes of the law,' Dieter says. 'That's the only objective standard we have.' "
 
That is untrue, of course. We are all aware of the differences between legal guilt and actual guilt and  legal innocence (not guilty) and actual innocence, just as the courts are. 
 
The only issue in the death penalty innocence debate is how many actual innocents are sent to death row and what is the probability of executing an actual innocent. Legal innocence is not the issue, for the simple fact that we cannot execute a legally innocent person.  So the concern is over the actual innocent, those who had no connection to the murder(s).
 
Furthermore, there is no finding of actual innocence, but it is "not guilty". Dieter knows that we are all speaking of actual innocence, those cases that have no connection to the murder(s).  He takes advantage of that by redefining exonerated and innocence.
 
Dieter "clarifies" the three ways that former death row inmates get onto their "exonerated" by "innocence" list.
 
"A defendant whose conviction is overturned by a judge must be further exonerated in one of three ways: he must be acquitted at a new trial, or the prosecutor must drop the charges against him, or a governor must grant an absolute pardon."
 
None establishes actual innocence. 
 
DPIC has " . . . included supposedly innocent defendants who were still culpable as accomplices to the actual triggerman."
 
DPIC: "There may be guilty persons among the innocents, but that includes all of us."
 
Good grief. DPIC wishes to apply collective guilt of capital murder to all of us.
 
Dieter states: "I don't think anybody can know about a person's absolute innocence." (Green). Dieter said he could not pinpoint how many are "actually innocent" -- only the defendants themselves truly know that, he said." (Erickson)
 
Or Dieter won't assert actual innocence in 1, 102 or 350 cases. He doesn't want to clarify a real number with proof of actual innocence, that would blow his entire deception.
 
Or, Dieter declare all innocent: "If you are not proven guilty in a court of law, you're innocent." (Green)
 
Dieter would call Hitler and Stalin innocent. Those are his "standards".
 
And that is the credibility of the DPIC.
 
For fact checking.
 
1. "Case Histories: A Review of 24 Individuals Released from Death Row", Florida Commission on Capital Cases, 6/20/02, Revised 9/10/02 at
http://www.floridacapitalcases.state.fl.us/Publications/innocentsproject.pdf
 
83% error rate in "innocent" claims.
 
2. "Is 'the innocence list' an appropriate name?", 1/19/03
FRANK GREEN, TIMES-DISPATCH STAFF WRITER
http://www.stopcapitalpunishment.org/coverage/106.html
 
Dieter admits they don't discern between legal innocence and actual innocence. One of Dieter's funnier quotes;"The prosecutor, perhaps, or Dudley Sharp, perhaps, thinks they're still guilty because there was evidence of their guilt, but that's a subjective judgment." Yep, "EVIDENCE OF GUILT", can't you see why Dieter would think they were innocent? And that's how the DPIC works.
 
3. The Death of Innocents: A Reasonable Doubt,
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times
 
"To be sure, 30 or 40 categorically innocent people have been released from death row . . . ".
 
That is out of the DPIC claimed 119 "exonerated", at that time, for a 75% error rate.
 
NOTE:  It's hard to understand how an absolute can have a differential of 33%. I suggest the "to be sure" is, now, closer to 25.
 
4. CRITIQUE OF DPIC LIST ("INNOCENCE:FREED FROM DEATH ROW"), Ward Campbell,
http://www.prodeathpenalty.com/DPIC.htm
 
 
5. "The Death Penalty Debate in Illinois", JJKinsella,6/2000,
http://www.dcba.org/brief/junissue/2000/art010600.htm
 
 
6.THE DEATH PENALTY - ALL INNOCENCE ISSUES, Dudley Sharp
http://homicidesurvivors.com/2006/03/20/all-innocence-issues--the-death-penalty.aspx
 
Origins of "innocence" fraud, and review of many innocence issues
 
7. "Bad List", Ramesh Ponnuru, National Review, 9/16/02
www.nationalreview.com/advance/advance091602.asp#title5
 
How bad is DPIC?
 
8. "Not so Innocent", By Ramesh Ponnuru,National Review, 10/1/02
www.nationalreview.com/ponnuru/ponnuru100102.asp
 
DPIC from bad to worse.
 
Dudley Sharp, Justice Matters
e-mail 
sharpjfa@aol.com,  713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.

 

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Comments

    • 8/17/2009 4:34 AM Gritsforbreakfast wrote:
      If you've vetted all 135 cases, how many were actually, factually innocent? I know of several Texas cases in that category so the number is definitely not zero.

      It's also a "scam" to claim to discredit the 130 number by pretending they were ALL guilty instead of actually vetting the cases for real innocence. That's the problem with death penalty debates - both sides are MUCH more interested in scoring points than the truth, which is the problem with your analysis here. You don't answer the obvious question - how many were REALLY innocent - because doing so might imply that capital punishment can be fallible.
      Reply to this
    • 8/17/2009 5:44 AM Dudley Sharp wrote:
      Scott,

      I am happy to have an exchange with you, but read what I wrote, first.

      Your response has no connection to what I wrote.

      I never stated or implied all 130 or 135 were guilty

      I never stated nor implied (nor thought) none were innocent.

      I did not vet all 135 cases. Although I have reviewed many.

      I don't think anyone has ever implied that the death penalty is infallible, have they?

      I doubt it. Don't you?

      Don't act this way.

      As I stated, the actual innocents number is about 25.

      Scott, your comments are hardly a search for truth. All you exhibited was an inability to read and/or comprehend, in this case.

      If you were interested in a search for truth, you would have asked, OK, how many are actually innocent and why are the anti death penalty folks trying to hide the truth behind bogus definitions of exonerated and innocent?

      But, you didn't.

      Had you read my article, as well as the 8 footnotes, you would have understand better.

      Instead, you jumped to conclusions which were not supported by anything.
      Reply to this
    • 11/14/2009 9:13 AM Lucy Frost wrote:
      Mr. Sharp,

      Your point seems to be that the DPIC's count of the factually innocent people exonerated from death row is inflated. In your response to Scott you said you don't think "anyone has ever implied that the death penalty is infallible." And you estimate that the number of actual innocents exonerated from death row is 25.

      As I understand it, you support continued use of the death penalty.

      Which begs the question: what percentage of innocent people being executed do you find acceptable?
      Reply to this
    • 11/14/2009 1:47 PM Dudley Sharp wrote:
      Ms. Frost:

      Thank you.

      First, the 25 weren't executed.

      Secondly, I don't have a number of acceptable innocents executed.

      Thirdly, the death penalty is a better protector of the innocent than lesser sanctions.

      Fourth, you likely support many government programs that kill hindres if not thousands of innocents per year.

      Is than OK with you?

      Probably not. Most would say, we just need to keep improving systems to make them safer.

      There are several articles on Patti's site that discuss these issues, such as the one by Dr. Jacksom and mine of the death penalty being a greater protector of innocents.
      Reply to this
    • 1/5/2010 9:35 PM lkcohen125 wrote:
      To Lucy Frost,
      you asked how many innocent people would be acceptable to execute, but you seem to misunderstand the entire purpose of this article. The point of this article is to show that the statistics that the death penalty opposers throw at supporters are inflated and inaccurate. No where in this article is there any implication that Sharp is supportive of the killing of innocent people. Referring to your question "what percentage of innocent people being executed do you find acceptable?" In an ideal world, it would be 0%, but this world is far from ideal. Innocent people die almost every day from car accidents but there are no proposals to make cars illegal. Besides, if the death penalty were taken away, innocent people would still die if they were murdered by a murderer who would have been executed otherwise. Many people say that this doesn't happen, but there have been cases in the past of this happening. For example, the case of Kenneth Allen McDuff, who was scheduled to be executed until the Furman V. Georgia case invalidated all death sentences, and he was eventually let go. He proceeded to murder 9 more women before he was finally executed in 1998. Capital punishment has its benefits and drawbacks, and we must decide which outweigh which. In my case, i think the benefits of capital punishment outweigh the mistakes. Besides, it is possible that in the future, the system will become more streamlined and less corrupt(I know, it's a stretch), and then the number of innocent executions will go down. The solution to these problems doesn't lie in abolishing capital punishment entirely--it lies in the process of making the court of law more fair and less corrupt than it is now.
      Reply to this
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