tainted for life

Provocative article by Jeff Gamso on the presumption of innocence that mentions the parents of JonBenet Ramsey along with others that have been wrongfully convicted, or otherwise presumed guilty. In his write up, Gamso is specifically speaking to the Danny Brown travesty. Based on DNA evidence, in 2001 Brown was released from prison more than 18 years after being wrongfully convicted of aggravated murder. And like the parents of JonBenet Ramsey, even though today Danny is free from imprisonment, he still deals with extraordinary legal complications and lives under a looming cloud of suspicion --

Because Innocence Isn't Enough
Posted at Gamso - For the Defense
Commentary by an Ohio criminal defense lawyer

"I've got to assume that it's coincidence that I read Gideon's eloquent and agonized take on the presumption of guilt from yesterday pretty much back to back with this morning's article by Jennifer Feehan in the Toledo Blade on Danny Brown...First, the short version of Gideon's post. (You should read the whole thing.)

The presumption of innocence, a bedrock principle of criminal justice systems the world over for generations, is really not that ambiguous or in doubt. . . .

It’s a catchy phrase: “innocent until proven guilty”. It nicely ties in the other core principles: the burden of proof is on the State; the defendant has a Constitutional right not to testify; each and every element must be proven beyond a reasonable doubt. . . .

It’s all a lie. A big, bold-faced, wool over your eyes lie.

The presumption of innocence is dead, at least in practice. The real presumption, if you must, is that of guilt. Despite the Constitutional and historical directives to the contrary, the defendant “enjoys” a presumption of guilt from the moment of the institution of criminal proceedings...

One could jump in pretty much anywhere for an example.

The parents of JonBenet Ramsey?
Kobe Bryant?
OJ?
Ken Lay?
The latest not guilty in your local paper or on Fox News?

Does Nancy Grace let it go?

None of them is ever fully cleared of the taint of guilt - from the mere presumption. Where there's smoke . . . "[read more]

About Jeff Gamso: Criminal defense lawyer, civil libertarian (former Legal Director of American Civil Liberties Union of Ohio), anti-death penalty activist, public speaker. I am one third of GAMSO, HELMICK, AND HOOLAHAN, located at 1119 Adams Street, Second Floor, Toledo, Ohio 43604. My first career was English Professor. I studied medieval and renaissance English Literature, taught literature, film, and composition. I've been a film critic. [more]