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Showing posts with label Miscarriages of Justice. Show all posts
Showing posts with label Miscarriages of Justice. Show all posts

Saturday, September 14, 2013

EXONERATED 27 FROM THE U.S.A DEATH ROW – FROM INNOCENT TO GUILTY: JOSEPH GREEN BROWN (MURDERED AGAIN AND WAS ARRESTED ON SEPTEMBER 14, 2012)



Whenever the Abolitionists mention about innocent people who had been freed from death row, they never want to mention anything about repeat offenders. There is one man who was released from death row and has been able to go free and kill again. Not at all a good propaganda tool for Abolitionists who want to use the term, ‘innocent on death row’ to fool the public into preserving killers. The next time, if any abolitionists want to mention innocent on death row, tell them about Joseph Green Brown, I got the information and photo from crimelibary.

September 18, 2012 8:33 PM By Cora Van Olson



Joseph Green Brown
Joseph Green Brown, 62, spent 13 years of his life fighting a 1973 conviction for the rape and murder of Earlene Treva Barksdale, a crime for which Florida sentenced him to death. In 1973 Brown was only 23 and a drifter. He had come to the attention of investigators for confessing to to sexually abusing a woman during the commission of a robbery at the Tampa airport the same day as the murder. When Barksdake’s husband passed a lie-detector test, suspicion shifted to Brown. On appeal Brown’s conviction was overturned in 1986 based on evidence that prosecutors had allowed a co-defendant to perjure himself. Prosecutors could have retried Brown, but in 1987 opted instead to release him.

A free man, Brown found God, changed his name to Shabaka, and, as a motivational speaker, spoke out against the death penalty, retelling many times the story of how his execution was stayed just 15 hours before it was scheduled. The Daily Mail quoted an interview in which Brown said, “I’m against killing, period, whether the violence is by individuals, the state, or armies in warfare. All life is sacred.”

In a turn of events that has shocked his friends and family, however, Brown was placed under arrest in North Carolina on September 14, 2012, for the first-degree murder of his wife of 20 years, Mamie Caldwell Brown, 71, whose body was discovered in their home on September 13, after police were called to check on her. Marcus Williams, a cousin of Mamie Brown, told reporters that the couple seemed happy and that her family didn’t worry about Brown’s past, adding, “He didn’t seem like a threat. He was upfront about everything. He was always smiling and trying to help people. He was a motivational speaker. He liked to warn people what could happen in the legal system.” Joyce Robbins, another relative of Mamie’s, said that she stared at Brown in the courtroom and that “He had a blank look. I don’t know that person. I’ve never seen him before.”

Brown will be held without bond until a preliminary hearing on September 26, 2012. It is hoped that prosecutors in North Carolina will handle Mamie Brown’s case more competently than Florida officials handled that of Barksdale thirty-nine years ago.



Freed from death row, he faces a new murder charge

Tuesday, September 25, 2012 7:13pm

 

Joseph Green Brown was released from prison in 1987. Since then he has worked as a truck driver and a homeless shelter cook. He now stands accused of killing his wife in South Carolina. (SOURCE: http://www.tampabay.com/news/courts/criminal/freed-from-death-row-he-faces-a-new-murder-charge/1253380)
A black man named Joseph Green Brown was accused of raping and killing a white woman in 1973 in a Tampa clothing store called the Just Kids Shoppe. He was found guilty and sentenced to death. Fitted for a burial suit. Granted a stay some 15 hours before his scheduled electrocution in 1983. He was set free in 1987.

In the years since then, Brown worked as a truck driver, a homeless shelter cook, a convenience store clerk. He got married. He moved from Washington, D.C., to Charlotte, N.C. He talked to church groups about staying out of trouble.

Last week he was picked up by police in his hometown of Charleston, S.C., after his wife was found dead in their apartment in Charlotte.

He's 62. He has a court hearing today. He's facing a first-degree murder charge.

• • •

In July 1973, Earlene Treva Barksdale was found in her shop dead on the floor, naked with a bullet hole in her head.

Later the same afternoon, Brown, who was 23 at the time and had no criminal record, flagged down a Tampa police car. He wanted to confess to a robbery. He told officers he and another man broke into a Holiday Inn by the airport and robbed a woman and that he had started to molest her before stopping. The other man's name, he said, was Ronald Floyd.

A detective thought there might be a link between the two crimes. He asked Brown and Floyd if they knew anything about the Barksdale murder. Brown said no. Floyd, eventually, said yes — that he only drove, that Brown fired the shot.

The murder trial was "the biggest thing going on," attorney J. Michael Shea said this week. He was Brown's court-appointed attorney. "All the news. All the television stations."

The prosecutor, Robert Bonanno, had Floyd's testimony, but that was about it. No fingerprints. No matching blood. The bullet that killed Barksdale couldn't have come from the gun Brown had used in the hotel robbery, but Bonanno told the jury it was the murder weapon.

Shea asked Floyd at the trial if he was getting a deal from prosecutors for his testimony against Brown. Floyd said no.

The all-white jury quickly found Brown guilty. Brown got 20 years for the robbery on top of his death sentence. Floyd got probation.

Shea still thinks Brown was innocent.

"As far as I'm concerned, he was always guilty," said Bonanno, who became a judge and was the subject of a series of ethics investigations before resigning in 2001 to stop another.

• • •

Floyd got in trouble shortly after the trial and went to prison. He told Shea in 1975 in a sworn statement that his testimony was false and that he had lied in exchange for "favorable consideration" from the prosecution.

The NAACP Legal Defense and Education Fund took over Brown's appeal in 1981. Florida Gov. Bob Graham rejected Brown's plea for clemency in 1982. He signed his death warrant in 1983.

Brown kicked and screamed when they came to measure him for that suit. He was asked what he wanted for his last meal. He said he wanted nothing.

The stay came the night before he was to be killed.

The federal appeal court overturned his conviction because Bonanno had "knowingly used false testimony" — a reference to Floyd's lie about his deal with prosecutors.

Hillsborough County prosecutors determined there was insufficient evidence to retry Brown. Brown was mopping the floor at the county jail when he got a call saying he was free. He was released with the 75 cents from his personal prison account.

"I can't tell you he was wrongly imprisoned," said Henry Lavandera, the prosecutor who dropped the case. "All I can tell you is that I couldn't prove that he was guilty."

In 1999, Brown, who started going by Shabaka WaQlimi, Swahili for "uncompromising," told a Times reporter he was still bitter.

"You've got to realize, you put a man in a cage and treat him like a dog, talk to him like a dog, feed him like a dog … there's gonna come a time he wants to bite like a dog."

Ten years after that, in a talk with a group of students, one of them asked if he was "healed."
"I'm healed enough to control those emotions, but I still possess those emotions," he said.

"When I talk to audiences … I ask them to pray for me. And the reason why I ask them to pray for me is that I know that one day all these emotions is gonna swell up. And I ask people to pray for Shabaka that when that day come I be by myself."

• • •

Charlotte police received calls almost two weeks ago from people who were worried about Mamie Caldwell Brown. They went to check on her.

Police say she suffered unspecified trauma.

The retired secretary was 71.

At a hearing last week, Joseph Green Brown had on handcuffs and an orange jail jumpsuit. He took a quick look at his wife's family and then turned away.

• • •

Shea kept in touch with Brown. He wrote a book about Brown. He exchanged Christmas cards with Brown. He knew his wife. He talked with them on the phone, at least a couple times a year. He said they'd been having a tough time financially.

"I think it's sad," Shea said, "if Joe actually killed his wife. That's very sad. He should pay the consequences if he did it.

"I don't know the circumstances," he added. "Probably only two people do. And one of them is dead."

News researchers Carolyn Edds, Caryn Baird and Natalie Watson contributed to this report, which used information from the Los Angeles Times, the Charlotte Observer and the Associated Press. Michael Kruse can be reached at mkruse@tampabay.com or (727) 893-8751.

Freed from death row, he faces a new murder charge 09/25/12 [Last modified: Tuesday, September 25, 2012 10:01pm]

CHECK THIS VIDEO TO SEE ONE OF HIS SPEECHES:





Tuesday, September 3, 2013

WRONGFUL EXECUTION: MAHMOOD HUSSEIN MATTAN (1923 TO 3 SEPTEMBER 1952)



        On this date, 3 September 1952, a Somali former merchant seaman was wrongfully executed for murder at Cardiff Prison. I got the information from Wikipedia, which I will post about it, before suggesting how the courts can learnt from their lesson, so as not to do it to another person in the future.

Mahmood Hussein Mattan
Mahmood Hussein Mattan (1923–3 September 1952) was a Somali former merchant seaman who was wrongfully convicted of the murder of Lily Volpert on 6 March 1952. The murder took place in the Docklands area of Cardiff, Wales, and Mattan was mainly convicted on the evidence of a single prosecution witness. Mattan was executed in 1952 and his conviction was quashed 45 years later on 24 February 1998, his case being the first to be referred to the Court of Appeal by the newly formed Criminal Cases Review Commission.

Early history

Mahmood Hussein Mattan was born in British Somaliland in 1923 and his job as a merchant seaman took him to Wales where he found work at a foundry in Tiger Bay. In Cardiff he met Laura Williams, a worker at a paper factory. The couple married just three months after meeting, but as a multiracial couple they suffered racist abuse from the community. The couple had three children, but in 1950 they separated and afterwards lived in separate houses in the same street. In 1952 Mattan resigned his job at the steelworks.

Conviction for murder

On 6 March 1952, Lily Volpert, a 42-year-old, was found murdered in her outfitter's shop in the Cardiff Docklands area. Her throat had been cut with a razor, and about hundred pounds sterling had been stolen. Within a few hours Mattan was questioned by the Cardiff City Police and ten days later he was charged with Volpert's murder. When the police raided Mattan's home they discovered a broken shaving razor and a pair of shoes with blood specks on them. There was no evidence of any blood-stained clothing or the missing money.

The trial took place at the Glamorgan Assizes in Swansea in July 1952. The main witness for the prosecution was Harold Cover, a Jamaican with a history of violence, who later received a share of a reward of £200 offered by the Volpert family. Cover claimed to have seen Mattan leaving Volpert's shop, though it later emerged that he had previously identified another Somali living in the area at the time, Taher Gass, as the man he had seen. The jury was not told of this, or of Cover's background during the trial. Neither was the jury informed that four witnesses had failed to select Mattan from an identification parade. One 12-year-old girl, who saw a black man near the shop at the time of the murder, and was confronted with Mattan, stated that he was not the person she witnessed, but the police ignored her statement and did not take the evidence to court. Furthermore the shoes belonging to Mattan with specks of blood were second-hand, and no forensic information was brought forward linking the samples.

Mattan was described as having a limited understanding of English, and refused the services of an interpreter. In a trial slanted with racial overtones, Mattan's barrister described his client as "Half-child of nature; half, semi-civilised savage". On 24 July 1952, Mattan was convicted of the murder of Lily Volpert and the judge passed the mandatory sentence of death.

Execution

Mattan was refused leave to appeal and to call further evidence in August 1952, and on 3 September 1952, six months after the murder of Volpert, he was executed by hanging at Cardiff Prison. He was the last person to be hanged at the prison.

Subsequent events

In 1954 Taher Gass was convicted of murdering wages clerk Granville Jenkins. Gass was found insane and sent to Broadmoor; after his release he was deported to Somalia. In 1969 Harold Cover was convicted for the attempted murder of his daughter, using a razor. Mattan's middle son, Omar was found dead on a Scottish beach in 2003, and an open verdict was returned.

Posthumous appeal

he Mattan family's first attempt to overturn the conviction was denied in 1969 by then Home Secretary James Callaghan - by this stage, three years had passed since the death penalty's abolition.

In 1996 the family was given permission to have Mattan's body exhumed and moved from a felon's grave at the prison to be buried in consecrated ground in a Cardiff cemetery.

When the Criminal Cases Review Commission was set up in the mid 1990s, Mattan's case was the first to be referred by it. On 24 February 1998 the Court of Appeal came to the judgement that the original case was, in the words of Lord Justice Rose, "demonstrably flawed". The family were awarded £725,000 compensation, to be shared equally among Mattan's wife and three children. The compensation was the first award to a family for a person wrongfully hanged.

Lesson Learn:
                As usual, an abolitionist can use Mattan’s case as an example to abolish the death penalty. They can accuse a Retentionist (I was a former an opponent of the death penalty) like me of murder, but I always say, “I am strongly against executing the innocent but I am still in favour of executing the guilty.”

            At least, a retentionist like me is able to be honest and admit that many years ago there were a small number of innocent people being executed. An abolitionist will consistently keep quiet about recidivist murderers who kill again and again.  A retentionist must condemn the execution of an innocent person, but support executing the guilty. Retentionist must find out what went wrong with the trial and investigation and prepare for future safeguards the next time.

            These two posts on two overturned sentences in the United Arab Emirates can be used to learn to prevent a wrongful conviction in a capital case:

1. PROTECTING DEFENDANT, A.A IN DUBAI: LESSONS TO BE LEARN.

2. SAFEGUARDS IN THE UNITED ARAB EMIRATES COURTS
http://soldierexecutionerprolifer2008.blogspot.com.au/2013/01/safeguards-in-united-arab-emirates.html