Becomes the 119th Innocent Person Freed from Death Row

On February 28, 2005, Ohio Common Pleas Judge Richard Niehaus dismissed all charges against Derrick Jamison for the death of a Cincinnati bartender after prosecutors elected not to retry him in the case. (Associated Press, March 3, 2005). The prosecution had withheld critical eyewitness statements and other evidence from the defense resulting in the overturning of Jamison's conviction in 2002. Jamison was convicted and sentenced to death in 1985 based in part on the testimony of Charles Howell, a co-defendant who had his own sentence reduced in exchange for his testimony against Jamison.

The prosecution withheld statements that contradicted Howell’s testimony and that would have undermined the prosecution’s theory of how the victim died, and would have pointed to other possible suspects for the murder. Two federal courts ruled that the prosecution's actions denied Jamison of a fair trial. (Jamison v. Collins, 291 F.3d 380 (6th Cir. 2002)).

Jamison is the 119th innocent person to be freed from death row since 1973 and the first to be exonerated in 2005.

http://truthinjustice.org/jamison.htm

Just ANOTHER reason why the Death Penalty should be abolished!!!

i am in full agreement with you girl

Also another reason why prosecutors need to face more than a slap on the wrist for withholding evidence. They should be prosecuted for it I mean after all they took years away from this man's life.

Also another reason why prosecutors need to face more than a slap on the wrist for withholding evidence. They should be prosecuted for it I mean after all they took years away from this man's life.

I totally agree.... and to think that this man could have had his life taken... who would have paid for the taking of that innocent life?? Oh yes, thats right.... NO-ONE!!!!! :angry:

The prosecution withheld statements that contradicted Howell’s testimony and that would have undermined the prosecution’s theory of how the victim died, and would have pointed to other possible suspects for the murder.

The above is from the article in question. The bit that worries me is even though this happened, they were still going to execute Derrick Jamison. We should be thankful that Derrick has since been exonerated from Ohio's Death Row. However I cannot help but think of the other individuals who now sit on Death Row innocent of the crime they are accused of.

Without a doubt, if a judicial system has the power to carry out the sentence of death, then at the very least there should be a flawless judicial process involved. Of course this is too idealistic to be true, hence why Capital Punishment should be out-ruled completely.

One argument I have encountered a lot is, 'I support Capital Punishment if the jury can prove beyond reasonable doubt that the defendant is guilty.' The question that gets to me is; isn't the jury supposed to prove beyond reasonable doubt their guilty verdict before deciding in the first place?

After all, as J.R.R. Tolkien once famously said; "Many that live deserve death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgment. For even the very wise cannot see all ends."

- Ben.

I think it would be only fair to put the prosecutor and any staff member sho assisted him/her in railroading this man into a maximum security prison for the same period he spent there. Heck, now that there's a vacant cell on death row, let the prosecutor occupy that. Or put whoever it is in General Population and let the other prisoners settle the matter.

Don't all the DP folks keep saying "an eye for an eye", after all? Well, turnabout is fair play.

I have absolutely NO sympathy for anyone in a position of power who uses that power to play with the lives of innocent victims, particularly in cases like this where it is for political gain. This is little different from the mindset of a serial murderer who hunts down innocents because doing so gives him the "control" he feels is missing from his own life.

I'll go one step farther: since, by some estimates, 30% of those on Death Row are innocent, prosecutors who have sent multiple people to Death Row may well be de facto serial killers. That they use "the system" to carry out their crimes rather than a more traditional weapon only demonstrates their cowardice.

http://www.washingtonpost.com/wp-dyn/content/article/2006/03/29/AR2006032901583.html

I would like to see more of this. They say if you hold criminals responsible it lowers the crime rate. Well maybe if they do more of this it will lower the corruption rate. Hopefully this will prove to be a new precedent.

As far as him not being executed? No he wasnt but they really did take his life away. I hope they they have to make him a rich man so he can enjoy the rest of his life.

Interesting article Headingthere. I cannot help but feel a sense of irony if this all goes through; an ex-Prosecutor now sitting in the Defendant seat. Maybe he will be able to experience first-hand what it is like to endure corrupt Prosecutors, or even Prosecutors hellbent on obtaining a guilty verdict.

Yes, Derrick Jamison was not executed. However I feel no amount of money could let him fully enjoy the rest of his life. I can only but hope that he manages to regain what is left of his life, and that one day the Prosecutors who put an innocent man on Death Row will pay for what they have done.

- Ben.

I hope this does play out and it keeps with the Feds 97 success but I fear he will never see a day in jail. I do not see a whole lot of difference between someone who shoots a person and someone who sends an innocent to prison for 20 years except maybe the shooter was a little more humane. This tough on crime and convictions at any cost is just outrageous these days. We cant put the 10 commandments in court rooms how about plaques that simply state people in glass houses shoudlnt throw stones or we reep what we sow. I dont know it all just drives me insane. Kinda like watching a burning building with no water around. Ya know the means to take care of the problem just dont own the tools to accomplish the job. After going through it I know if someone tells me they are innocent or it did not happen that way. I will believe them. Maybe this prosecutor will get the lesson of his life. After all we are a society of accountability. May people with power gain decency and people with decency gain power.