Ga. justice system fails to produce justice

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In a blistering 7-1 ruling Monday, the U.S. Supreme Court ruled that prosecutors had denied a Georgia man his constitutional right to a jury by his peers. In overturning the verdict against Timothy Foster, the high court ruled that prosecutors had systematically eliminated all potential black jurors in Foster’s case, in effect rigging the jury and ensuring that Foster would be judged by an all-white jury.

That jury found Foster guilty of murder, and to be honest they had no choice. The physical evidence and testimony, including a taped confession, was so overwhelming that the verdict was never in doubt.  That remains true even in a retrial. The central question had always been whether the jury would be willing to sentence Foster to death, and with the illegal use of race, prosecutors helped to ensure that they did.

That all took place in 1988. Years later, when Foster’s attorneys filed an open-records request for the prosecutors’ files in the case, they found overwhelming evidence of discrimination. Multiple documents in the file made it clear that prosecutors had identified potential jurors by race and had made every effort to ensure that no black Georgian would help sit in judgment of Foster.

As Chief Justice John Roberts wrote in his opinion:

“The contents of the prosecution’s file … plainly belie the State’s claim that it exercised its strikes in a ‘color-blind’ manner. The sheer number of references to race in that file is arresting. … the focus on race in the prosecution’s file plainly demonstrates a concerted effort to keep black prospective jurors off the jury.”

Again, to be honest, that happens all the time in courtrooms across this country. What makes the Foster case unique is that prosecutors left such clear evidence of their manipulation.

Two other aspects of the case may be even more troubling. In his opinion, Roberts basically accuses former Floyd County District Attorney Stephen Lanier of lying to the court repeatedly about what he had done and why. The many excuses that were offered by Lanier for striking every black person from the jury pool were, in Roberts’ mind, “not credible,” “implausible and fantastic”, had “no grounding in fact” and amounted to multiple “misrepresentations of the record” and “mischaracterization.”

Furthermore, when Georgia courts up to and including the state Supreme Court had been asked to rule on appeals filed by Foster’s attorney, they repeatedly ignored the very same evidence that seven of eight U.S. Supreme Court justices this week found so compelling. It was more important to Georgia judges not to allow the reopening of an old case than it was to look honestly at the evidence before them, and the result is an embarrassment to the state’s judicial system.

That reluctance to reconsider old cases is understandable to a point — as a rule, cases once decided should stay decided. But that rule should not interfere with basic justice. Consider the troubling case of Sandeep Bharadia, sentenced in 2003 to life in prison for aggravated sexual battery and burglary despite eyewitness claims that he had been nowhere near the scene.

Long after his conviction in that case, DNA evidence was discovered on gloves used in that attack that suggests strongly that Bharadia is innocent, and that another man committed the heinous crime. In fact, one Georgia court has already agreed that the new evidence “is so material that it would probably produce a different verdict” if the case were reopened.

Strong evidence that an innocent man was put away for life ought to be enough to reopen the case, right? Wrong. So far, Georgia courts have refused to allow that reopening. Judges have ruled that Bharadia’s attorneys in his original trial should have pressed for DNA testing of the gloves. Their failure to do so means that Bharadia has to spend the rest of his life in prison, even though he is probably innocent.

That’s the scandalous act of a system more interested in protecting its own prerogatives than in its actual duty of seeking justice.

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681 comments
gotalife
gotalife

Vast rw conspiracy sheets.

Visual_Cortex
Visual_Cortex

The most butthurt of the butthurt actually posted this down below:


The [OJ ]final jury had but one white person in it. I guess Jay didn't think this case had any relation to the one he was writing about.


I figured stupidity like this needed to be aged like a fine wine to be truly appreciated.

honested
honested

Back to Alabama.

The State Comptroller gets closer to Prison today.

Next is the Governor....

Then the Chief Justice of the Supreme Court.......


Law finally wins against 'heritage'.

td1234
td1234

Freudian slip?

While talking about Bill Cosby’s appearance in a Pennsylvania courtroom over sex assault allegations, MSNBC anchor Steve Kornacki mistakenly said “Bill Clinton.”


<iframe width="750" height="480" src="https://www.youtube.com/embed/QHeoxx3T3WQ" frameborder="0" allowfullscreen></iframe>

RantNRave
RantNRave

"Can someone check with em to see if they still have a pulse? Are they in shock? Comatose over what's happening? Is there a Doc in the house? "


@DOOMED


Did you take that from the Karl Rove playbook ??


If I were you I would burn that sucker.


Remember WHEN:


Karl Rove Causes Fox News Chaos By Challenging Obama Victory Projection


https://www.youtube.com/watch?v=vJg3z5c93zU

gotalife
gotalife

romney should stage a coup at the convention to save his gop and their media.

gotalife
gotalife

Hillary is the nominee doomy.


Try to catch up.



gotalife
gotalife

There was the trump for the Clinton's and now the trump against the Clinton's.


David Brock has all the dirt on trump from Media Matters.


Saving the good stuff for the general.

td1234
td1234

@gotalife The problem you folks are facing is that it does not matter because we already know who Trump is and we do not believe the media anyway on anything they say. 

Doom Classical liberal
Doom Classical liberal

And now Trump actually leading Hillary for the first time ever in the new composite of all the polls? Aw, man. Seems only weeks or a month or so ago that our friends here were celebrating the death of the R party. I think Jay even wrote a column about the death of the R party. 


Can someone check with em to see if they still have a pulse? Are they in shock? Comatose over what's happening? Is there a Doc in the house? 


http://www.realclearpolitics.com/epolls/2016/president/us/general_election_trump_vs_clinton-5491.html

Paul42
Paul42

@Doom Classical liberal

You're asserting the Republican Party is the same as the Party of Reagan?  George Bush?  That the new leader of the party and his supporters hold the same views as Republicans of even three years ago did?

td1234
td1234

@Paul42 Actually if you do an in-depth analysis then you would say that the new Republican party is more like the party of Bill Clinton, minus the trade deals and a little more populist in nature while the Hillary party is so far to the left that Bill Clinton would not recognize it.  

Doom Classical liberal
Doom Classical liberal

@Paul42 @Doom Classical liberal


Nope. Not asserting that at all. The Rs since W have become closer to the Dems imo. They need to get back to their Reagan roots. And that's what the masses are yearning for and not getting from the R leadership. Trump is just an agitator and an outsider who has taken full advantage of that anger and discontent. And his views hardly reflect traditional R views of free trade. Last, though people don't see it I think Trump would be far more socially liberal than anyone could imagine. 

Paul42
Paul42

@Doom Classical liberal

"The Rs since W have become closer to the Dems imo"

On what issues?  Voting rights?  Social Security/Medicare?  PPACA?  Interventionism?  

"
I think Trump would be far more socially liberal than anyone could imagine. "

I think that's a pretty good guess.  And if you think conservatives are frustrated and angry at having been mislead  now.....

Doom Classical liberal
Doom Classical liberal

@Paul42 @Doom Classical liberal


On what issues? A good example would be W growing the size of gubment and getting gubment involved in things it should have no business being involved in such as his home ownership society. It sure is noble to want to help the poor be able to afford a nice home. The end result was the housing fiasco. Not saying W was wholly responsible. He wasn't. Lots of blame to go around. Just saying his mentality of thinking gubment should interfere in markets it has no business interfering in is part of the problem. 

Paul42
Paul42

@td1234

Amazing what constitutes a 'conservatve' nowadays, isn't it?

honested
honested

@td1234 @Paul42 

More delusions about what is 'left'.

The party Hillary represents is 'right of center' while the republiklan party shows no interest in governing a great nation due to their wrong-wing extremism.

kitty72
kitty72

@Doom Classical liberal  You sure Trump is a Republican? LOL He may be the best thing to happen to the Dems in years, one way or another. Time will tell.

gotalife
gotalife

Not only did trump kill conservatism and the gop, he killed their media too.


The man is a nuclear bomb in American politics.

DownInAlbany
DownInAlbany

@gotalife On the flip side, Bernie is killing the DNC.  Death by a thousand pin pricks.