Clerk who helped inmate exonerate himself with DNA evidence fired
RT | August 1, 2013
Thanks to new DNA evidence a Kansas City man was released from prison three decades after a wrongful rape conviction, though the 70-year-old clerk instrumental in his release was fired for insubordination.
Sharon Snyder, who was fired about nine months prior to her retirement after 34 years as a court employee, was let go by a Jackson County Circuit judge in Missouri for offering legal advice to 49-year-old Robert Nelson, convicted in 1984 to 50 years incarceration for a Kansas City rape the year prior.
Nelson maintained his innocence in the case since that conviction, and in August of 2009 filed a motion with the court seeking DNA testing that had not been available at the time of his trial 25 years prior, reports the AP. That motion was denied, evidently due to Nelson’s lack of knowledge of the law to make a proper case.
Two years after that petition Nelson filed another motion seeking DNA testing, but was again denied. Following that second attempt, Snyder gave Nelson’s sister, Sea Dunnell, a copy of a successful motion filed for a different case which had also requested that DNA evidence be tested.
Nelson, who had no legal representation at the time, was able to use that motion as a guide for his own, which he filed successfully in February of 2012. In August a judge sustained the motion and assigned Nelson Laura O’Sullivan, legal director of the Midwest Innocence Project to be his legal representative.
Last month the Kansas City Police Department used DNA evidence to exclude Nelson as a suspect in the 1983 rape case, which resulted in his release on June 12.
Only five days after Nelson’s release Snyder was taken into a judge’s chambers and told that both the prosecutor and attorney “had a problem” with her intervention in the case. Although the documents that Snyder gave Nelson’s sister to file a successful motion with the court would have been available as public record, it was not conceivable that she would have ever been aware of its existence were it not for Snyder’s help.
“The document you chose was, in effect, your recommendation for a Motion for DNA testing that would likely be successful in this Division,” Judge Byrn wrote. “But it was clearly improper and a violation of Canon Seven … which warns against the risk of offering an opinion or suggested course of action.”
Snyder was fired from her job on June 27, told that she had violated court rules by providing assistance to Nelson, and speaking about details of the case to attorneys not involved in the matter.
According to the New York Times, this is not the first time that the Innocence Project has represented an individual who faced obstacles in obtaining exonerating DNA evidence in their case.
Joseph Buffey, who was wrongfully convinced to 70 years in prison for the 2001 rape of an 83-year-old woman, came to the attention of Innocence Project lawyers after he wrote them a letter several years ago.
In the Spring of 2011, a test on the victim’s rape kit showed that Buffey’s DNA was not present at the crime scene. However, once Buffey’s lawyers asked a judge to run those results through a West Virginia database of felons to find a match the prosecutor refused as the lab was not certified by the state.
A second request by Innocence Project to run the test through a certified lab was also refused by the prosecution, stating that “the state does not believe such testing will or can prove the defendant’s innocence after his guilty plea.” The judge ordered that test to go forward despite the objection of prosecutors, who said they suspected multiple men were involved in the rape case, though the victim had said only one individual was involved.
Buffey’s case is similar to Nelson’s in that the obstacles to obtain potentially exonerating DNA evidence are high. In addition to needing the requisite legal knowledge to file a proper motion with the court, a 2009 US Supreme Court ruling stated that a defendant willing to pay for a DNA test at his own expense was not entitled to do so. Chief Justice John G. Roberts said that such an allowance risked “unnecessarily overthrowing the established system of criminal justice.”
Only nine US states currently have laws granting defense lawyers access to a national DNA database, according to ThinkProgress. Meanwhile, in a June decision the Supreme Court ruled that officers be granted access to collect DNA information from suspects under arrest but not yet charged without probable cause.
DFLP: The PA’s talks with Israel violate the national consensus
Palestine Information Center – 01/08/2013
RAMALLAH — The democratic front for the liberation of Palestine (DFLP) said that the participation of the Palestinian authority (PA) in the US-sponsored talks with Israel are a wrong step and violate the national consensus.
According to Quds Press, an official source from the democratic front stated on Wednesday that the engagement of the PA in these talks violated the requirements that were set by most of the Palestinian factions and national figures.
He said that the political forces in the Palestinian arena had demanded the PA to abide by requirements for its participation in the peace talks with Israel, based on the 1967 borders, and Israel’s commitment to end all settlement activities, respect relevant international resolutions, and release the long-serving prisoners.
The official also belittled the guarantees offered by US secretary of state John Kerry to the PA while Israel insists on refusing the establishment of a Palestinian state within the 1967 borders.
The official also called on the executive committee of the Palestinian liberation organization (PLO), which had unanimously opposed the current peace talks with Israel, to urgently convene to work on correcting the Palestinian position and obliging the PA to abide by the national requirements.
Iran Alarmism and the “Time is Running Out” Canard
By Nima Shirazi | Wide Asleep in America | July 31, 2013
The following is the 76th update to my comprehensive, ongoing compendium of constant predictions and prognostications regarding the supposed inevitability and imminence of an alleged Iranian nuclear weapon, hysterical allegations that have been made repeatedly for the past three decades.
Citing the latest hysterical analysis of Iran’s nuclear program by the Institute for Science and International Security (ISIS), David Albright’s Washington D.C.-based propaganda outfit, the Jerusalem Post exclaims that “Iran is expected to achieve a ‘critical capability’ to produce sufficient weapon-grade uranium by mid-2014, without being detected.”
While pretending to advocate merely for a stricter IAEA inspection regime and the limiting of the number of centrifuges Iran is allowed to install and operate, Albright & Co. cry that Iranian progress “is unlikely to be prevented simply by instituting better inspections, whether through increased inspection frequency, remote monitoring, or even implementation of the the Additional Protocol.” The report laments that, if the United States and Israel don’t launch an illegal, unprovoked military assault on Iran “out of fear of facing international opposition,” consequently “Iran could have time to make enough weapon-grade uranium for one or more nuclear weapons.”
Thus, the alarmists of ISIS conclude that “IAEA inaction or caution could make an international response all but impossible before Iran has produced enough weapon-grade uranium for one or more nuclear weapon.”
Meanwhile, a recent Al Monitor report exposes the agenda dripping from ISIS’ analysis. Earlier this month, IAEA Deputy Director Herman Nackaerts explained to reporter Barbara Slavin that “‘we would know within a week’ whether Iran was diverting uranium from declared sites and seeking to enrich it to weapons grade level.”
Nackaerts, who is also head of the IAEA’s Department of Safeguards, said that “[t]here are two to six IAEA inspectors on the ground in Iran every day…covering 16 Iranian facilities. On average, he said, that means that an inspector visits Iran’s enrichment plants at Natanz and Fordow once a week. If there are suspicions about any improper activities, they can go more often, he added.
In order to sufficiently hand-wring about the Iranian program, “ISIS has recommended that inspections should increase to at least twice per week at Iran’s enrichment facilities.”
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Evelyn Gordon. Yes, really. |
As expected, neoconservative Likudnik warmongers over at Commentary Magazine are licking their lips and using Albright’s nonsense to bolster their calls for mass murder and war crimes. Writing today, contributing blogger Evelyn Gordon calls the ISIS report the “best argument I’ve yet seen for bombing Iran’s nuclear facilities imminently.” Gordon is an American émigré to Israel, former Jerusalem Post reporter and current Visiting Fellow at the extreme right-wing Jewish Institute for National Security Affairs.
“Time is running out,” Gordon declares, echoing so many uninformed voices before her. In March 2006, NPR‘s national security correspondent Mara Liasson insisted on Fox News that “time is running out. Pretty soon, Iran is going to have the bomb.” By early 2011, Secretary of State Hillary Clinton claimed, “We have time, but not a lot of time.” The following year, a Weekly Standard opinion piece co-authored by Kristol declared, “Time is running out” and called “for Congress to seriously explore an Authorization of Military Force to halt Iran’s nuclear program.” Soon thereafter, Commentary Magazine‘s Jonathan Tobin warned that, without the United States issuing an explicit military threat, “time may soon run out on any chance for the West to stop Iran,” while this past March, Israeli Prime Minister Benjamin Netanyahu eloquently stated that “whatever time is left, there’s not a lot of time.”
“In short,” Gordon concludes, “either military action is taken in the coming months, or a nuclear Iran will be inevitable. There is no more time to waste.”
In truth, it’s time to hit the snooze button.
Related article
- Nonproliferation Misinterpretation (nationalinterest.org)