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Wrongfully Convicted Man Pardoned

Wrongfully Convicted Man Pardoned

Free After Serving 27 Years on Murder Charge
By TOM STUCKEY, AP
11/01/03 01:22 EST

Quote:

ANNAPOLIS, Md. (Nov. 1) - Gov. Robert Ehrlich announced he will grant a pardon to a man who served 27 years in prison before his murder conviction was overturned almost two years ago.

Ehrlich said Friday that a lengthy review of the records of the trial convinced him that Michael Austin "served 27 years for a crime he did not commit." Austin had been convicted of the 1974 killing of a convenience store security guard.

"I talked to him today. I apologized to him, although words were very difficult to come by," the governor said.

Ehrlich also said he thinks Austin should get some compensation from the state for the years he spent in prison, but said he doesn't have a figure in mind.

"What's a year worth? What's a month worth? What's 27 years worth?" the governor asked.

The "full and complete" pardon given to Austin, Baltimore resident, will allow him to seek compensation from the state. The decision on whether to give him money and how much will be made by the Board of Public Works, which includes the governor, Comptroller William Donald Schaefer and Treasurer Nancy Kopp.

Larry Nathans, the lawyer who represents Austin, said he and Austin talked to Ehrlich Friday morning.

"He felt very good about it. He was personally touched that the governor had spent so much time looking at the matter and that the governor personally called him," Nathans said.

Austin was convicted of killing Roy Kellam at an East Baltimore store.

His arrest was based on a mug-shot identification by a clerk at the market who told detectives at the scene that the shooter was a light-skinned black man, about 5-foot-8. Austin is 6-foot-5 and dark-skinned.

The only physical evidence against Austin was a wallet card that had scribbled on it the name of an alleged accomplice, a man who was later freed by police after they said they had the wrong man.

Austin's attorney failed to subpoena witnesses or a timecard from Austin's employer, which would have shown that he worked the day of the killing.

Judge John Carroll Byrnes, who overturned the conviction, said the defense attorney, who is now dead, was incompetent, the prosecution had committed errors and the trial judge have jurors faulty instructions.

Can you imagine being arrested for a crime you did not commit? How about serving time for this crime? Or, like Michael Austin, serve 27 years for a crime he didn't commit...

I've always wondered how I would handle this situation if it were to happen to me. I always just hope that no one will have a case of mistaken identity involving me in any brutal crime.

shawshank redemption
just dig a hole and escape.

When you look at how many things went wrong with this poor man's trial, it makes me seriously question our justice system. 27 years!?! This is what's wrong with the adversarial system. Sigh. I'm glad that he got an official apology and will get some compensation. I can't imagine trying to put a life together after having spent almost three decades in prison.

This is annoying. The eyewitness acount and his hieght were a difference of NINE INCHES. Then 27 years?.... ugh. When can we stop chasing after any black man available and just go after the one who did it? (I do realize this was 27 years ago, but its not like it still doesn't happen today :()

Sorry if this is a threadjack, but this acts as one of the main reasons why I'm against the death penalty... because it's inevitable that something like this will happen, only to have the wrongfully accused be dead when the truth is revealed.

And I definately think this guy should be compensated in a big way. The state should see to it that he's spoiled for the rest of his life and never has to work another day.

I don't think any mount of money will repair the 27 year of rape that occured to him in prison.

Quote:

Originally posted by lurkette
When you look at how many things went wrong with this poor man's trial, it makes me seriously question our justice system. 27 years!?! This is what's wrong with the adversarial system. Sigh. I'm glad that he got an official apology and will get some compensation. I can't imagine trying to put a life together after having spent almost three decades in prison.

I believe (at least I hope) that the justice system is a lot better now than it was 27 years ago.

With the way Lawyers defend clients, it seems to be harder and harder to prosecute the guilty, let alone innocent men and women.

They need to figure out how much that man would ahve made working in 27 years, incorporate interest and inflation to that, then add a couple zeros to the end of that figure to make up for what he lost in life.

It truly sucks when things like this happen. I couldn't even imagine how i would act if that happened to me personally. All I know is that I would be extremely pissed off. I'd probably go crazy. I mean, this is just insane. 27 years of his life down the drain. And then they talk about compensation. I don't know if any amount of money could make up for 27 years wasted.

Quote:

Originally posted by Moskie
Sorry if this is a threadjack, but this acts as one of the main reasons why I'm against the death penalty... because it's inevitable that something like this will happen, only to have the wrongfully accused be dead when the truth is revealed.

Studies funded by those against the dath penalty say that some states have a rate of innocen executions as high as 1 in 7. Studies funded by pro death-penalty usually end up with around 1 in 100.

The answer is probably toward the higher end of that range, but I still don't believe that people should die when there is any doubt, especially with racism and discrimination as alive and prosperous as they are.

Why did it take 27 years to realise that the judical system had fucked up?Poor sod,no amount of money will put back the years that he has lost.

Quote:

Studies funded by pro death-penalty usually end up with around 1 in 100.

This is a big reason why I'm against the death penalty. How can you justifly a law which kills inocent people ?

"I'd sooner let a thousand guilty men go free than chase after them."

I remember the error of death penalties (after the execution) was found to be about 5 in any 100 cases that were re-examined with DNA evidence (some AE/Discovery special with one of OJ's lawyers, who's now doing DNA-Death row examinations for a living or something).

It was a story scarily similar to this, that I'd read in Time magazine, that caused me to "about face" in my opinions on the death penalty.

Even when a case like this occurs I still have a strong beleif in the death penalty -- as long as it is carried out when there is substantial physical and material evidence that the individual convicted is the individual who commited the crime -- i.e. -- The two jackasses on trial for the sniper shootings.

As for the compensation Mr. Austin should receive -- The state should provide him with an above average standard of living for the rest of his life. Nothing to crazy -- say $125,000 a year -- certainly better than what most make and unfortunately because of the amount of time he spent in prison -- more than he will ever be able to make, at least for a few years until he can at least get back on his feet.

I deffinatly read the title as "wrongfully Convicted Man Paranoid" that would have been funny.