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November 19, 2008

Witness for the defense

Posted: 02:44 PM ET

NEW YORK - Here in New York a surprising alibi for a murder suspect. It's a big federal drug case and the death penalty is on the table. But now it seems the defendant may have an alibi. His metro card.

New York City subway system

The man has been released on bond which is highly unusual in a federal murder case, and prosecutors have reopened their investigation because the card traces his movements on the night of the shooting. And he wasn't there, he was on the subway.

It’s a lucky break not possible before the modern era, where plastic metro cards have become ubiquitous. In fact, electronic tracing of our lives has become a part of almost every case, whether to undermine an alibi or to prove one.

Makes you wonder about all the cases that came before, about people sitting in prison for the last twenty or more years. Folks who don't have metro cards or EZ Pass or surveillance cameras to prove their innocence. Folks whose convictions are based on faulty eyewitness identification or coerced confessions or a rush to judgment on the part of police and prosecutors.

DNA is one tool that has helped to exonerate over two hundred people. If you just do the math that suggests hundreds, possibly thousands more in prison on bad convictions. That is why every state should be required to preserve DNA to allow testing in cases where it can establish innocence. Most cases don't have DNA evidence. But in those that do, this is the least that justice requires.

-Jami Floyd, In Session anchor

Filed under: Uncategorized


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PJ   November 19th, 2008 6:10 pm ET

I may be missing something, but who says he was the one that was using the metrocard? It proves someone used the card, not that he used the card.

Leo Lawton   November 19th, 2008 7:30 pm ET

Jami, You state "he wasn't there" Don't you really mean his card wasn't there. Who was using the card? I don't know. Do you?

Barbara Brock   November 19th, 2008 9:24 pm ET

FYI – regarding the 8 year old boy who shot two men.

Resource-

An article appeared in Time Magazine on May 10 2004 that shows a graphic of a childs brain.

The article and graphic reveals what percentage of the brain is developed at ages 5, 8 12 16 and 20. The artilce also tells how childrens brains devlope plus describes level of developement of their social skills and decision making skills.

The graphic is very good and helps a person actually see how much of the brain is developed at a certain age.

The article entitled" Inside The Adolescent Brain" does take about teens and why they make the bad decisions they make due to an undeveloped brain – but the story also gives valuable information that I feel is important in understanding the brain power of this 8 year old boy.

Sources listed in the article are: Dr. Jay Giedd, chief of brain imaging child psychiatry branch. Paul Thompson, Andres Lee, and others.
The rest of the sources are listed on the first page of the article. Pages 60-65

I am sure your reporters could find the article and the author and researchers in the archieves of Time Magazine – May 10 , 2004

Hope this helps all of us understand that certainly a 8 year old child does not have a fully developed brain and therefore cannot be held responsible for decisions and actions such as this.

Thank You
Barbara Brock
Toledo Ohio

Prabuddha   November 20th, 2008 9:10 am ET

Isnt the justice system built on presumption of innocence. Even if exculpatory evidence was not available shouldnt the accused have been declared not guilty due to the lack of corroborating evidence? Why should we even require to go back to these cases? The standards for juries should be raised and the judge should be more proactive if he/she feels the jury is becoming emotional. Any case overturned on appeal should trigger an automatic investigation into the competence of the trial judge and the prosecutor- that will make sure they dont take shortcuts. Further any reversal should bar the prosecuting attorney from election for a period of 2 years. This will make sure cases are not prosecuted for political gains.

Spider   November 20th, 2008 9:11 am ET

It is a shame that there MIGHT, and PROBABLY, are people in prison that should not be there. But, let's consider this possibility. How many of those wrongly imprisoned for the crime they were convicted of,
had been freed by a defense attorney, playing the system, for a previous crime they did commit? In other words, maybe they aren't guilty of the crime in question but they still should be in prison for prior acts against society.

I think it's a great idea to use all of modern technology to prove a person's guilt or innocence. If we were somehow able to perfect these tecnologies, then maybe we can get rid of defense attorneys. Allowing an obviously guilty person to walk on a legal technicality
happens at least as often, if not more often, than convicting an innocent person.

Spider   November 20th, 2008 2:04 pm ET

Very good point PJ and Leo-

Makes for a great alibi creation:

"Here, take my metro card and ride the subway all night. I'm gonna go kill someone."

Theresa   November 20th, 2008 2:41 pm ET

Ex-cop in botched drug raid: Tessler needs to confess and be punished
"Guilty by association" was something my dad a good cop taught me and something I passed on to my kids. Didn't he learn that in kindergarten?

Spider   November 21st, 2008 3:13 pm ET

Theresa-

Why did your good cop Daddy teach this life lesson to you and why did you have to pass it on to your kids, if this is something everyone else learns in Kindergarten?

Kat McGuire, KS   November 28th, 2008 3:45 am ET

Wait!?

He was let out on bond for a FED case because his 'card' said he was not there????????

My kids use my cards all the time because I am on chemo and can not get out a lot of the times due to sickness. They use my library, credit cards, SAMS, Best Buy, grocer ect... I wasn't there, my kids were!

Now if the subway has video surveilence and they can see that it was him there, I might have a different opinion. I am from Kansas and do not know NY subway system.

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