Another Year is Upon US: The Fight for Justice Must Continue

January 4th, 2015

Another Year Is Upon Us: The Fight for Justice Must Continue

Well, another year has come and gone and now another birthday has arrived.  I haven’t been in the best of moods these past couple of weeks as reflecting on this past year makes one wonder when we will ever, as  human beings, have an era of 100 years, a thousand years, or a million years of peace. Humans buying and selling and outright stealing other human beings in the name of war, religion, sexual exploitation, economic gain and so on, and humans who live near one another unable/unwilling to  understand one another’s reality. One can’t say “Black Lives Matter” without an “oh, you don’t think all lives matter.” When it comes down to it, we are humans first and foremost and we have more in common than our differences would indicate and that commonality should move us forward as a global community to make the world a better place. But this very naïve, “pollyannaish” even, as there is so much that so easily pulls us apart, intentionally and unintentionally. There are historic factors that shape beliefs, realities and attitudes today. There are systemic structures in place that need to be addressed and reformed. The level of rhetoric is enhanced via social media and it can really make a prisoner of hope lose some of that hope. Who knows, I don’t have the answers and I use social media to discuss my side of the issues of the day and sometimes I do not display a sense of optimism that I almost always display when I am in front of young people, as I hope that in my optimism that they don’t give up believing that they can make a difference in this world.

And then I wake up every morning knowing that my cousin, Rodney K. Stanberry, still does not have his freedom and it hurts every morning, it is a pain that is similar to a heart ache, knowing that the system failed him and knowing that he should be with his family and friends. Knowing that he should be able to wake up and say “I think I’ll take my son see a movie today,” or whatever he wants to do. That hurts. I spend so many nights tossing and turning wondering what could have been done differently to bring about his freedom and about how some district attorneys/prosecutors so willingly convict innocent people and work to keep those individuals in prison. The sad reality is that once a jury convicts someone, it is very difficult to get an exoneration and prosecutors know this. And they know that there is little accountability. In Michael Morton’s case, his prosecutor was finally held accountable. But this is after  Morton spent 25 years in prison and his prosecutor, Ken Anderson, went on to spend a career as a judge. But in the exonerations that we do see, whether an individual served 5 years, 25 years or even the 39 years in prison that Ricky Jackson had to endure (along with the 3 decades that Ronnie and Wiley Bridgeman spent- these three were sent to prison for the same crimes– http://wunc.org/post/three-lifetimes-spent-hope-check-after-wrongful-conviction) you rarely see the prosecutor held accountable.

We need to change the culture among district attorneys who have a “prosecute at all costs” mentality. District Attorneys can be tough on crime, while also recognizing that innocent people have been incarcerated. In fact, as I’ve said repeatedly, we need district attorneys. When current Mobile District Attorney Ashley Rich (13th Judicial District-Mobile, County Alabama) was running for district attorney to replace John Tyson, Jr. who had retired, she was asked about how the prosecutor behaved in the Duke LaCrosse case and she was adamant that she would not tolerate it. Here is a quote:  ”If as a prosecutor you do not disclose exculpatory evidence, your career is over.  Integrity is something that is so important because when you are a prosecutor, you not only have the duty to prosecute people and to put people in jail, but you also have a duty to uphold the law. You have the duty to do that with integrity and with the ethical standards in place… You must disclose exculpatory evidence because if you don’t, nothing good comes from it and essentially you have prosecuted someone who may not have committed the crimes because you didn’t disclose exculpatory evidence.  It is good that we have the Duke LaCrosse case as an example of what not to do.”  She went on to say that she would reopen a case and evidence should be reviewed.  You be the judge. (Note Ashley Rich was elected and is now the Mobile County District Attorney-she was sworn in in 2011). Here is a link to the interview:   http://freerodneystanberry.com/blog/wp-content/uploads/2012/07/u7am0916AshleyRich.mp3 The comments begin at the 12 minute mark and is from September 2010). See also http://www.freerodneystanberry.com/key_documents_in_rodneys_case

Since Ashley Rich has been the district attorney, the public was able to see the Toby Priest case overturned by a judge (http://freerodneystanberry.com/blog/2011/11/16/reaction-to-article-in-lagniappe-about-the-toby-priest-case/) and the William Ziegler case (http://blog.al.com/live/2013/02/how_the_system_failed_william.html). District Attorney Ashley Rich should be out front saying that she will ensure that her prosecutors are informed that there is zero tolerance for this. In the Toby Priest case, as I mentioned previously, Assistant District Attorney Jennifer Wright, who campaigned for DA Ashley Rich during her election campaign,  “says in this Lagniappe article that in her 8 years with the Mobile District Attorney’s Office that she has had over 77 cases and she has never tried a case where she wasn’t sure that someone was 150% guilty (in Priest’s case, she said 90% of her believed he was guilty, 10 percent innocent). Fortunately Priest was granted a Rule 32 Post Conviction hearing by Judge Graddick, of all people!!! Sidenote, no one will accuse him of being soft on crime for paving the way for Priest’s release. Graddick is currently running to be Chief Justice of the Alabama State Supreme Court. You can be law and order, but in favor of ensuring that innocent people aren’t convicted.” http://freerodneystanberry.com/blog/2011/11/16/reaction-to-article-in-lagniappe-about-the-toby-priest-case/.

In the William Ziegler case, there is still resistance and the prosecutor, who has worked alongside Ashley Rich, said, well, he should have taken a plea like the others. Elections do matter. Primary Elections matter.  Yet, relatively few people pay attention and vote in primary elections. I do not know who plans to challenge District Attorney Ashley Rich or if she plans to run for reelection, but I will be posting about the election throughout this year, to remind you that it is upcoming.  Rodney’s continued incarceration for crimes he did not commit should be addressed during the campaign, as should wrongful convictions. During her last campaign, here is an overview of what both she and her challenger said regarding wrongful convictions in response to questions asked:  http://freerodneystanberry.com/blog/2012/11/21/another-judge-grants-a-new-trial-in-mobile-alabama-a-reaction-to-the-lagniappe-article-on-william-zieglar/.  It is important to recall that in Michael Morton’s case, the successor to Ken Anderson, John Bradley, mocked Morton’s claims of innocence and fought to have possible DNA evidence tested. Bradley was defeated by Jana Duty with wrongful convictions being the center of the campaign. Because Ken Anderson focused on Morton, the actual criminal went on to commit another murder and that family helped to campaign against John Bradley (See http://freerodneystanberry.com/blog/2013/04/22/when-texas-gets-it-right-former-prosecutor-held-criminally-responsible-for-putting-innocent-man-in-prison/). Prosecutors spend time convincing the victim’s family that they go the right person, even when they know it isn’t true, so it is worth noting when victim’s families want to pursue the actual truth as justice is never served when the innocent person is convicted. If the Mobile District Attorney’s Office understood that this is an issue that will bring you, the public, out to vote, then perhaps they will work on that convict and maintain convictions at all costs mentality. William Ziegler’s retrial will take place later this year. While the Attorney General of Alabama will prosecute the case, you will see what the Mobile District Attorney’s Office did to get this conviction and the callous attitude they have with regard to Judge Sarah Stewart’s 218 findings/ruling about his case. You will get tremendous insight into how the Mobile District Attorney’s Office can convict innocent people. In the Ziegler case, the state’s theory about where the victim’s body was found was incorrect and the evidence shows it and Judge Stewart criticized from the number of African Americans struck from the jury and, this I did not realize, one of the state’s theories (Mobile Assistant Attorney Deborah Tillman prosecuted the case and maintains that the Mobile District Attorney’s Office did nothing wrong), was that Ziegler murdered the victim because he had been called the “n-word”- the word is actually used in the transcript (see this article about the case http://blog.al.com/live/2013/02/how_the_system_failed_william.html). Here is what Judge Stewart wrote in her order that also justified the need for a new trial for William Ziegler:

“183. Trial counsel’s failure to raise a Batson challenge despite prima facie

record evidence of discrimination requires reversal because the evidence demonstrates that the Mobile County District Attorney used a large number of peremptory challenges to remove African American venirepersons, engaged in little or no voir dire examination of those African American veniremembers, engaged in disparate treatment of similarly situated white and African American veniremembers, and struck veniremembers who had nothing in common other than race. The Alabama Supreme Court in Branch, 526 So. 2d 609, 622-23 (Ala. 1987), established a non-exhaustive list of evidence that can give rise to an inference of discrimination and a prima facie case under Batson. Based upon its review of the evidence at the hearing and the record evidence submitted by Ziegler, the Court finds that many of the Branch categories giving rise to an inference of discrimination existed in Ziegler’s case and would have supported a Batson challenge.

184. First, the crime for which Ziegler was charged “had racial overtones.””

Ziegler was the only non-white defendant in a capital murder trial in which the victim was white, his three co-defendants were white, and most of the State’s witnesses were white. Additionally, one of the prosecution’s theory of a motive was based on the concept that Ziegler became enraged and began striking Baker when he called Ziegler a “nigger,” which the prosecution informed the jury of during voir dire. (T. Tr. 42:15-43:18.) http://media.al.com/live/other/Ziegler%20ruling.pdf (see pages 72-74)

Why would a prosecutor use this tactic if there was no evidence indicating that it was true? Why when asked about Judge Stewart’s ruling, Assistant District Attorney Deborah Tillman continues to say: “I know that our office did not do anything improper, and I did not do anything improper,” [she said].” http://blog.al.com/live/2013/02/how_the_system_failed_william.html  Again, in just months before the primaries for the next District Attorney’s race in Mobile, you will hear more about Ziegler’s new trial- I hope. This time, Ziegler has attorneys on his case that can and will challenge the Mobile District Attorney’s Office on his misconduct- even though the Alabama Attorney General’s Office is prosecuting the case, it will be revealing. As will the George Martin case (http://blog.al.com/live/2013/09/judge_overturns_13-year-old_ca.html).  Wrongful convictions must be a key component in the next District Attorney’s race in Mobile, so even if you do not live in Mobile, encourage people that you know in Mobile to organize and to vote.

As we begin another year, we must be aware of the many people who are wrongfully convicted.  People who are wrongfully convicted come from various backgrounds and racial groups.  I will conclude with a quote from Jeffrey Deskovic, who served 16 years in prison before his exoneration:

” I believe 15-20% of the American prison population has been wrongfully convicted and remains unexonerated as of this Christmas Day.

When a Cleveland judge gave Anthony Lemons that Christmas gift of freedom on Tuesday morning, his mother cried. “I got my baby back today,” she said. “I still trust the system, but I didn’t think it would take this long.”

I still don’t trust the system. And until legislation addressing all the root causes of wrongful conviction gets passed, I never will – and nobody else should either. Merry Christmas.”  http://www.theguardian.com/commentisfree/2014/dec/25/christmas-in-jail-wrongfully-convicted?CMP=share_btn_fb

Peace and Sincerely,

Artemesia Stanberry

artemesia@freerodneystanberry.com

 

PS Articles of Interest:

http://www.bostonreview.net/us/who-shot-valerie-finley

http://yourblackworld.net/2012/11/black-community-rallies-to-re-open-the-case-of-rodney-k-stanberry/

http://newsone.com/1809115/rodney-k-stanberry-is-alabama-still-the-land-of-jim-crow/

https://www.youtube.com/watch?v=cEVURKsGoMI (WKRG report includes prosecutor and individual who actually confessed-the confession was made BEFORE Rodney’s trial.

http://www.wkrg.com/story/23137189/questions-linger-about-guilt-of-innocence-of-rodney-stanberry

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My Reflections after Reading Bryan Stevenson’s Just Mercy

December 11, 2014

Title:  My Reflections after Reading Bryan Stevenson’s Just Mercy

I received my copy of Bryan Stevenson’s Just Mercy: A Story of Justice and Redemption on Oct. 23rd. I was actually scheduled to moderate a panel sponsored by a human and civil rights organization about race and the criminal justice system that very evening. I took Bryan Stevenson’s book with me to share with the panelists and the audience. I read a passage from his book. I didn’t begin reading his book right away, but when I started on it, I had to put it aside several times, it is a very emotional read in general, but it was particularly emotional for me as I thought about Rodney with each page read. I also thought about the many, many years I’ve contacted Stevenson and the Equal Justice Initiative to take on Rodney’s case. While I understand he and his organization’s focus was primarily of death penalty cases and juveniles sentenced to life and to death (these stories will haunt you), I did not fully and truly understand until reading his book.

Bryan Stevenson has taken on the cases of those that society would deem to be very unfit to be treated with justice and mercy. He has done this while also, especially during the early years of establishing the Equal Justice Initiative, undergoing death threats, threats to bomb his office over the Walter McMillian case (innocent, sentenced to death row) and without much financial and institutional support (fortunately, he stuck with moving the EJI forward and has made it a viable organization, and let us hope that the threats have subsided over the years). Bryan Stevenson doesn’t only try to provide relief for those incarcerated, but he understands the need to “fix” this criminal justice system by focusing on poverty, racial disparities, and how our past legacies have shaped it.  There have been people (attorneys, investigators) who we have had disappointing interactions with regarding Rodney’s case and I’ve been somewhat critical of those folks, but I am so glad that I never criticized Bryan Stevenson.  John Grisham, in his message on the front cover of Just Mercy writes: “Not since Atticus Finch has a fearless and committed lawyer made such as difference in the American South… Bryan Stevenson, however, is very much alive and doing God’s work fighting for the poor, the oppressed, the voiceless, the vulnerable, the outcast, and those with no hope.”  I thought I knew and understood this through my nearly two decades of following him and the EJI, but after reading his book, I truly know and understand this-(this being his work, not ascribing it to an entity, though).  Bryan Stevenson is a remarkable individual. I encourage you to read his book and to support his organization and many like it.  I yearn for the day when an organization such as the Equal Justice Initiative and/or an Innocence Project is housed in Mobile, Alabama.

We will continue this struggle to exonerate Rodney K. Stanberry.  I wish Bryan Stevenson had written this book 17 years ago when I first became an advocate for Rodney’s case.  One of the things that one has to come to understand when being an advocate for the wrongfully convicted is that district attorneys, judges, and the judicial system as a whole do not respond to moral suasion. It is not a matter of whether one was wrongfully convicted, innocent and incarcerated, so one has to use the tools that they have to force the matter. Attorney Bryan Stevenson did just that. And while there were some heartbreaking cases that he could not win (ie motions denied by judges), his use of his legal background to come face to face with judges and prosecutors (and even law enforcement) saved many people, and restored hope to many families. However one feels about the death penalty and people on death row, there has to be some recognition of the humanity in everyone, as Stevenson writes:

“ I frequently had difficult conversations with clients who were struggling and                          despairing over their situations- over the things they’d done or had been                                  done to them, that had led them to painful moments. Whenever things got                               really bad, and they were questioning the value of their lives, I would remind                           them that each of us is more than the worst thing we’ve ever done. I told                                   them that if someone tells a lie, that person is not just a liar. If you take                                     something that doesn’t belong to you, you are not just a thief.  Even if you                               kill someone, you are not just a killer. I told myself that evening what I had                             been telling my clients for years. I am more than broken.  In fact, there is a                             strength, a power even, in understanding brokenness, because embracing                               our brokenness creates a need and desire for mercy, and perhaps a             corresponding need to show mercy.  When you experience mercy, you learn things that are                           hard to learn otherwise. You see things you can’t otherwise see; you hear                                 things you can’t otherwise hear.  You begin to recognize the humanity that                               resides in each of us.”  P 290, Just Mercy, Bryan Stevenson.

Just Mercy also provides additional insight into the rush to incarcerate for life people as young as 13, putting them in an adult prison, where they are certain to suffer from abuse. One case of a young man named Charlie (see Chapter 6 of Just Mercy entitled “Surely Doomed”) suffered horrible abuse in an adult jail before he even had a chance to go to trial. As horrific some in the public may think some kids are, do we want this sort of abuse to be part of the arrest and/or sentence?  Again, Bryan Stevenson’s book is very well written and he puts a very real face to some of the people we in society would like to ignore. I have to admit that I am not always sympathetic to the idea of abolishing the death penalty, even though I don’t like the idea of the state being involved in executing people and even though I know the racial disparities that exist in who gets the death penalty. For example, the most reliable predictor of who is sentenced to death is based on the race of the victim. According to a United States General Accounting study, as reported by Amnesty International, an individual is several more times likely to be sentenced to death if the murder victim is white- http://www.amnestyusa.org/our-work/issues/death-penalty/us-death-penalty-facts/death-penalty-and-race. This is inherently wrong and unfair and sends a message that not all lives matter. I mean there are issues that I have with the death penalty, including not being in support of the state putting people to death, but I don’t write blogs or talk about it because I do understand that there are some cases out there that are atrocious, but, again, do we want the state to be involved in executing people. Also, we know that there are people, such as Walter McMillan, who plays a central role in Stevenson’s book, who are innocent and on death row. We can’t be comfortable as a nation executing innocent people, or even the possibility of executing innocent people.

I have been a strong advocate of providing relief for non-violence drug offenders and, obviously, those who are wrongfully convicted, such as my cousin, Rodney K. Stanberry.  But reading Stevenson’s book also resulted in my doing some soul searching as I am not completely where he is.  But soul searching is good.  When I first heard about Rodney’s case and that the jury convicted him, my thought was that if the jury convicted him, then he must be guilty.  It did not take me long at all to see how easy it is for a jury to convict an innocent man and now, 17 years after reading the transcripts regarding Rodney’s case, I am more aware than I ever thought I would be about how the jury can convict innocent people and the conduct engaged in by prosecutors to mislead the jury (ie suppressing evidence, including a confession, in Rodney’s case, withholding exculpatory evidence, and so on). I’ve spent 17 years of my life advocating for Rodney’s freedom, something that I would not have done if I hung on to the comfortable notion that if the jury convicts, then a person must be guilty; or if I had hung on to the comfortable notion that prosecutors would not pursue an innocent person.  Stevenson, after dealing with a particularly heart wrenching case for him, talked about being broken, about realizing that he is working in a very imperfect system.

While a significant amount of my life has been devoted to Rodney’s case, which is far from the hundreds of that Stevenson had and has an up close and personal view of, I, too, have felt broken.  I’ve described it as having a never ending heartbreak because the system has broken our hearts one time too many. I was actually asked before Rodney’s third and final parole hearing last year how I would feel if he were not granted in parole. As much as Rodney and I still believed in the system, how would I feel? I wrote this blog in response to the question.  Rodney was denied parole on August 28th, 2013, and he is about to go through another Christmas/holiday season, including a new year innocent and incarcerated.  His scheduled release date is March 2017.  It does not get easier, and it is so easy to give up given that the system is stacked against an inmate once convicted, but as Bryan Stevenson said, we must not allow that feeling of brokenness to define us. We are more than that. We are persistent, we are hopeful, and though justice has been very much delayed, we believe in it. So, I, like Stevenson, am not just broken.  And this is what pushes us to continue to push for exoneration.  One of the inmates that Stevenson successfully granted release for has been in prison for nearly 50 years- in Angola (Louisiana) once known as one of the toughest prison’s in the US, sentenced as a young man for a non-capital case. His mother was 100 years old when Stevenson was able to finally get the individual freed. His mother lived to see her son a free man.  Rodney’s mother died on September 8, 2012, he was not able to have a reunion with his mother as a free man. He wasn’t even able to attend her funeral. His mother was and is his heart. His father is 80.  We have to push on for exoneration. We hope that Rodney will be able to spend quality time with his father as a free man. Rodney’s father, family, friends, and so on know that he is innocent; it is the state that has to acknowledge it for the sake of true justice. While Rodney will likely serve out his sentence before that happens, even if we can’t get his case back into the court system today, we cannot end this battle until Rodney is exonerated.  He was wrongfully accused in 1992, convicted in 1995, and began his prison sentence in 1997. It is 2014.  Justice is never served when the wrong person is convicted and justice delayed, is truly justice denied.

Peace,

 

Artemesia Stanberry

www.freerodneystanberry.com

 

For additional information about Rodney’s case, please read http://www.bostonreview.net/us/who-shot-valerie-finley

And while this video is from 2004, please watch this 6 minutes WKRG news video and this updated WKRG video before Rodney’s final parole hearing in 2013: http://www.wkrg.com/story/23137189/questions-linger-about-guilt-of-innocence-of-rodney-stanberry

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A “Twitter Rant”- Free Rodney Stanberry

October 14, 2014

A “Twitter Rant”- Free Rodney Stanberry

 

I was reminded about my week on twitter for last week. At times I do go on long “twitter rants” regarding my cousin’s plight- innocent and incarcerated, 17 years and counting.  Below are the 47 consecutive tweets from last week.  These are difficult times; Rodney’s 80 year of dad needs to spend these years with his son and his son needs and deserves to spend these years with his father.  Were Rodney guilty, I can understand the lack of empathy, but for an innocent man to continue to live this nightmare and to live with being away from his family, empathy and justice are both deserved. The system needs to correct itself, it is never too late to do what is right. Prosecutors have every incentive to do the wrong thing, but few incentives to do the right thing.  There are many people who truly are innocent of the crimes for which they are accused, Rodney is among those individuals.  In addition to this blog entry, please go to www.freerodneystanberry.com for documents regarding Rodney’s case, including a confession by one of the two individuals actually involved, made before Rodney’s trial!  And I wish to refer you to this blog entitled “Rodney Passed a Lie Detector Test, Can They?”, “The Prosecutor and the Criminal,”  and Gun Control: What Happened When a Gun Enthusiast Tried to Stop the Sale of Weapons.  See also this investigative report http://www.bostonreview.net/us/who-shot-valerie-finley.

Peace,

Artemesia Stanberry

 

 

 

Artemesia Stanberry‏@artiestan

Just got some additional feedback from a group that I was able to speak w/ this weekend about Rodney’s case and about wrongful convictions

11:58 AM – 7 Oct 2014

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  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan They were very impressed with my knowledge about wrongful convictions and the criminal justice system, I sometimes wish that I

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan didn’t have to learn so much about this subject because it is a very disheartening reality of American democracy as exercised via

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan the criminal justice system-racial and class inequality is rampant. But I sometimes wish i did not know and understand the extent

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan to wish prosecutors will knowing get AND maintain a wrongful conviction- that hurts more than anything else. As I told this group

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan when I first heard about my cousin’s case, I assumed that if the jury convicted him then he must have been guilty, my eyes are

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan now so wide open- prosecutors have so much power, including the power to withhold evidence (they shouldn’t, but too many do), the

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan power to manipulate the entire system, including the jury pool. In this Ziegler case, for example, Judge Stewart stated in her

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan ruling that Mobile DA’s office went overboard in striking Blacks for the jury pool, understand that one of the state’s arguments

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan was that Ziegler attacked Baker because Baker called Ziegler the “N-Word”- yes, the ADA argued this, so it is in their interest

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan to keep AAs the jury, so much other stuff with that case. Anyway, I was able to talk with group about the National Academy of

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan Sciences recent study on eyewitness misidentification (Rodney’s wrongful conviction centered on this, could have been avoided if

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan Prichard Police didn’t place photos provided by Rodney to held THEM locate the actual culprits &asked which of these individuals

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan could have been at your house-Rodney was a frequent guest, but no motive, at work, etc http://www.freerodneystanberry.com , btw in the book

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan I’m writing about his case, i will take you through a couple of Al court documents,what tactics will prosecutors use to ensure

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan that everyone stays on board with a false theory. So I was asked during my presentation if there is anything that I would do

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan differently if I had it to do all over again.My response was centered on 2 things- 1,the system & DAs not respond to moralsuasion

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan Jordan, Tierney, Tyson and Rich (DAs and ADAs in Mobile County during Rodney’s trial and incarceration) have demonstrated that

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan the truth is a casualty of this convict and maintain conviction at all costs game, that a confession by one of the 2 actual

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan did not matter before Rodney’s trial, during his trial, at his appeal and even today, they conviction is the Holy Graile, not

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan the truth and, therefore, not really the-well, you know. So if I’d known this 17+yrs ago, instead of or perhaps alongside

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan entering a doctoral program, which I was doing when I first got involved with Rodney’s case, i would have entered a law program

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan i’m devoting a chapter to this book (accidential activist/advocate) to the lawyers we’ve dealth with which will help to explain

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan further explain my frustration about not getting a law degree. The second thing I’d probably do differently would have been to

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan have spent much more time on the ground in Mobile, personally going to various offices, the media (it took 16 yrs for the

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan Mobile Press Register to finally write about Rodney’s conviction (they devoted ink to the trial) & my 1st letter to them was ’98

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan it wasn’t just a letter, but a large packet of info-I spend tons of money at Kinkos to copy, print and send material, I was

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan grateful that WKRG (courtesy of Bill Riales) finally ran this in 2004 (http://www.youtube.com/watch?v=cEVURKsGoMI …) and later an article in Lagniappe.

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan but finally during Rodney’s 3rd parole try, the Mobile Register (Brendan Kirby) finally did a piece on Rodney’s case. My point is

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan that I should have spent much more time in Alabama, going to the Alabama Bar to personally file a grievance, going to the State

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan Legislature so that they could address wrongful convictions, going to the DAs office, organizing people on the ground to vote and

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan to push for reforms in Mobile DAs office and so on, especially after the NAACP was calling for DA Tyson’s resignation regarding

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan Herman’s case, and so on. I’m hoping that this book will be published before the primary elections for the upcoming DA race in

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan 2016 and i hope to spend more of 2015 in AL and online to discuss the significance of voting in the primary for a candidate who

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan is tough on crime and law and order, but who isn’t afraid to acknowledge that wrongful convictions have taken place and who isn’t

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan afraid to change the culture of the office. DA Ashley Rich has worked alongside her ADAs for nearly 2 decades now (as long as

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan Rodney has been incarcerated), she isn’t interested in changing culture as it relates to addressing wrongful convictions-her

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan opponent-Mark Erwin-seemed to be, got caught up in Nodine matters, etc, but someone like him can bring about a similar result we

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan saw with Michael Morton, prosecutor who fought to deny DNA testing was defeated-Morton’s conviction was an issue.If you are still

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan unsure of the culture DA Ashley Rich fosters, look at and watch what they continue to do with William Ziegler’s case, keep the

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan Nov 20th date in mind, when another hearing about moving forward w/ his trial is to take place. But read all about the case now

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan Again, DAs can be tough on crime, win awards for sending people to death row, protect the community, while also seriously

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan addressing and acknowledging wrongful convictions. This memo needs to get to DA Ashley Rich. Ok, one more tweet on this.

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan I am trying to commit 2-4 hours each week to writing and completing a book that focuses on this blog:http://freerodneystanberry.com/blog/2012/10/15/a-day-in-the-life-the-pursuit-of-justice-and-the-agony-of-defeat/ … it is

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan important to help others in prison on a wrongful conviction and their advocates. And, I do have 5yr plan w/regard to law degree

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan I don’t know if it is possible to get someone exonerated after a sentence has been completed, but my goal is exoneration for

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan Rodney K. Stanberry and an apology to all by the Mobile DA’s office. When we stop advocating, injustice wins, my lifelong goal

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan is and will be about Rodney’s exoneration, the DAs office could have convicted the guilty, instead, focused solely on convicting

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan an innocent man, and that isn’t right, nor just. So while I began 17 yrs ago thinking that if the jury convicted, then a person

  1. Artemesia Stanberry ‏@artiestan  Oct 7

@artiestan must be guilty,my eyes have been open,I do still trust& believe in our system and working within the system, a long journey to go

 

Posted in Blogs by Art | Leave a comment

Innocent and Imprisoned in Alabama- Birthdays, Father’s Days, and the Marking of the Years

Innocent and Imprisoned in Alabama- Birthdays, Father’s Days, and the Marking of the Years

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

You may have read the article about a former prosecutor who, 24 years later, acknowledged that he may have convicted an innocent man.  The man who spent 24 years in prison is Doug O’Neal of South Carolina.  Here is a portion of the article written by Jennifer Emert:

“Wednesday when O’Neal appeared before the parole board, he didn’t express remorse, which is usually what the board wants. He again told them he wasn’t responsible for the murder for which he served 24 years. But this time, he had Morton backing him up.

“I’m convinced I prosecuted an innocent man, and I think he’s served 24 years as a result,” Morton said.” http://www.wistv.com/story/25772916/24-years-later-a-former-prosecutor-says-a-convicted-murderer-is-innocent

Sadly, while O’Neal was granted parole, it will be an uphill battle for him to be exonerated.  Imagine spending 24 years of your life in prison for crimes you did not commit.  It is interesting that he went before the parole board and again maintained his innocence.  One of the things that an inmate learns is that if he wants to be granted parole, he doesn’t go before the parole board and make claims of innocence.  After spending 24 years in prison, O’Neal was willing to remain in prison, and away from his family, rather than to tell the state something that he knew was not true.

Rodney K. Stanberry

Rodney K. Stanberry was denied parole for a third time on August 28th, 2013.  He remains in prison for crimes he did not commit. Rodney entered a prison in Alabama on March 24th, 1997 to serve a 20 year prison sentence. That was 17 years ago. His 45th birthday was on Sunday, April 27th.  In addition, Rodney spent his 17th Father’s Day in prison.  Since his last birthday and since the last Father’s Day, Rodney has been denied parole. The members of the Alabama Board of Pardons and Paroles will not hear his case again, thus Rodney will “celebrate” another birthday and Father’s Day in prison next year and the year after that. His scheduled release date is March 2017.  Rodney’s son was born in the year before he went to prison.  As of May, his son is 18 years old. Rodney’s father is 80, and his mother did not live to see her son a free and exonerated man. The travesty of justice continues.  I cannot imagine the prosecutor in his case acknowledging that he convicted an innocent man.  While Jordan certainly wanted to get justice for the victim, who was brutally shot, he went about it in a fashion that allowed the guilty to go free and the innocent to be prosecuted.  Jordan had a confession by one of the actual culprits almost three years before Rodney’s trial, a confession made in front of Jordan- Jordan was able to question the person who confessed.

After Rodney was convicted in 1995, he filed appeals, including one based on Jordan suppressing Moore’s confession so that the jury would not here it. Yes, that happened! While Rodney was awaiting the decision of his appeals, he had to meet with a probation officer. Here is how the officer described Rodney:

Probation & Parole Officer’s Remarks:

Subject made a good impression on this officer. He was very concerned about the situation and stated continuously that he had nothing to do With these cases. He did tell me that Terrell Moore had confessed to these crimes and had given a confession to the District Attorney and to the police department~I spoke with Mr. Moore and Mr. Moore stated that he knows for certainty that Rodney Karl Stanberry did not commit these offenses ….Rodney Stanberry was very polite during the course of this interview and supplied this officer with all the necessary information needed. (Note, this is from a report written by A. Lewis II, Alabama Probation and Parole Officer, on May 3rd, 1995- the complete report (about 3 pages) is available to the media and the Mobile District Attorney’s Office upon request)

This is who Rodney was. He was a law abiding citizen who worked at the same job up until just before he entered prison on March 24th, 1997.

Rodney was a young man, in his early 20s when he was arrested and convicted of a brutal shooting of an innocent woman. He was convicted of 1st degree robbery, burglary and attempted murder. The shooting and invasion of the victim’s home was an act of true violence and a horrible incident that should never be sanctioned. Neither should the arrest and conviction of an innocent man.  The Mobile District Attorney’s Office pursued only Rodney, even as another individual confessed to being one of two people at the victim’s home when the crimes occurred, and Rodney wasn’t the person he was with. Moore, who confessed, even described the victim as she was begging to not be harmed, but the prosecutor Buzz Jordan refused to believe him, even though the confession was made in the law offices of Moore’s attorney, one of the most powerful attorneys in Mobile. Moore had no incentive to give a false confession, he wasn’t being roughed up by the police, to the contrary, he knew he could be identified by on the ground witnesses who saw him leave the victim’s house so he secured an attorney, confessed, and must continue to be shocked to know that Prosecutor Buzz Jordan refused to pursue him. Yes, our judicial system at work.

Rodney was arrested and convicted even though he had evidence that he was at work when the crimes occurred. Can one person be two places at once?. Rodney was convicted solely based on victim eyewitness testimony. He was convicted even as another individual confessed in front of the prosecutor two years before the start of Rodney’s trial that he, not Rodney, was at the victim’s home when she was shot (the jury NEVER heard this confession because the prosecutor was able to get the judge- Ferrell McRae-to suppress it), even as work documents and the testimony of his supervisor and co-workers placed him at work when the crimes were committed, and even as there was no physical evidence that placed him at the scene of the crime. Rodney also passed a polygraph test. He did everything a law abiding citizen should do in helping law enforcement and in turn, they arrested and accused him of committing what was a violent crime. Rodney had the same weapons that he was accused of stealing.

I typically spend a lot of time going over his case in these blogs, but I will keep this one relatively short. Please go to www.freerodneystanberry.com and www.freerodneystanberry.com for more information about his case.

If the Mobile District Attorney’s Office had followed evidence instead of a theory, then Rodney would be a free man.  If the Mobile District Attorney’s Office and the Prichard Police Department had pursued the actual culprits, then the victim would have actually received true justice.  If the Mobile District Attorney’s Office had spent as much energy in the pursuit of justice as they have in upholding a wrongful conviction, then the taxpayers of Mobile and of Alabama would have saved they thousands upon thousands of dollars it continues to cost them to incarcerate an innocent man.  If the Mobile District Attorney’s Office would stop sanctioning wrongful convictions, then the integrity of the judicial system would be restored.

Parole Denial

Rodney was denied parole on August 28th, 2013.  This was a devastating blow in the pursuit of some justice.  Were Rodney actually guilty of these crimes, then he likely would have been out of prison years ago, but in this battle to prove his innocence and to obtain his freedom, the parole board responds to comments such as “he has deluded himself into thinking he is innocent” as opposed to Rodney’s supporters asking them to look at Rodney’s record, look at the support he has, look at his work plan, look at his criminal history, and, yes, please read and consider this investigative report about his case.  After Rodney was denied parole, I inquired with a key staffer on the Alabama Board of Pardons and Paroles to just provide me with a reason as to Rodney was denied parole. His response in part: “After reading your email, I will attempt to answer your two questions. First, let me say that I do regret the fact that you are in this dilemma. However, you nor the Parole Board put you there. Rodney Stanberry causes this dilemma on you. Other than granting parole to Mr. Stanberry, I am not sure anything I say will be acceptable. At any rate, in Alabama, parole is not a right. Mr. Stanberry was sentenced to a twenty (20) year sentence. Technically, he can be made to serve every day of that sentence. The parole Board is not under any obligation to parole him.” (December 5th, 2013 via email.) Rodney did not put me in this dilemma.  It is the continued pursuit of injustice by the Mobile District Attorney’s Office that keeps Rodney is this nightmare.  Mobile District Attorney Ashley Rich stated in response to a reporter regarding Rodney’s parole that she has always taken the position that he should be denied parole. Justice is never served when the wrong person is convicted.

Recently, Johnathan Fleming was released from prison after serving 24 years for a crime he did not commit.  He had evidence that he was in Florida when the crime committed in New York took place.  The prosecutor, even though he had this evidence, relied on faulty eyewitness testimony, and ignored actual evidence in hand with proof that Fleming was on a family vacation at Disney World.   I am taking the liberty to share with you a few paragraphs from one report about his case:

At his trial, defense lawyers provided family photos and home videos of Fleming in Florida around the time of Rush’s killing. But according to Taylor Koss, another of Fleming’s lawyers, they did not have evidence he was in Florida on the day of the slaying. The prosecution persuaded jurors to ignore the alibi.

Fleming told his attorneys he had paid a bill for phone calls made from his Florida hotel room the night before Rush was killed, and he believed the receipt was in his pocket when police arrested him. But authorities told the defense he had no such receipt, according to Koss.

In the course of the investigation, the Conviction Review Unit found the receipt in police records, time stamped and dated — solidifying Fleming’s claim that he was in Florida at the time of the killing, according to the district attorney’s office.

“This is proof of alibi that was basically purposely withheld,” Koss said. (http://www.cnn.com/2014/04/08/justice/new-york-wrongful-conviction/).

Fleming was in his 20s when he went into prison, he was 51 when he exited. Where does he go to get his life back? When it comes to prosecutors withholding evidence to get a conviction, it is truly a small world after all, because this practice is all too common.

Conviction Integrity Unit

The Brooklyn District Attorney’s Office has come under scrutiny for many cases like Fleming’s. If they did not have a Conviction Integrity Unit, Fleming would likely still be in prison.  Last year, David Ranta was released from prison after spending two decades of his life behind bars for crimes he did not commit.  The Brooklyn District Attorney’s Conviction Integrity Unit reviewed his case as well. While no amount of money will replace those years lost, he will be compensated (http://www.nytimes.com/2014/02/21/nyregion/man-framed-by-new-york-detective-to-get-6-4-million-without-filing-suit.html?_r=0). The Brooklyn District Attorney’s Office has a Conviction Integrity Unit AND wrongful convictions were a part of the most recent district attorney’s campaign. Further, Brooklyn District Attorney Kenneth Thompson is devoting a million dollars to review over 90 cases, I can’t imagine the Mobile District Attorney’s Office doing this, even if they had a million dollars to do so. I’ve been requesting for years that the Mobile District Attorney’s Office establishes a Conviction Integrity Unit.  While this may not lead to the innocent being release, it would demonstrate that District Attorney Ashley Rich is addressing a problem in our criminal justice system, the conviction of people who are actually innocent.  The vast majority of people who are convicted are guilty and it is important for prosecutors to prosecutor people harming our communities; however, when there is strong evidence of innocence, prosecutors shouldn’t just ignore it and hide behind a jury’s conviction because sometimes the juries are misled by the prosecutors. Mobile District Attorney Ashley Rich has been the District Attorney since 2011, but she has worked as an assistant district attorney in the office for 14 years prior to that.  I fully understand that her establishing a Conviction Integrity Unit with an actual eye on reviewing old cases and new that the people she worked with for so long would come under scrutiny, and thus the incentive would be to stand by the conviction, but it is necessary to establish for the integrity of the system. I am asking that you take a moment to call or email her office to request that she establish a Conviction Integrity Unit. District Attorney Ashley Rich can be reached at (251) 574-5000 or via email at ashleyrich@mobileda.org.  Her chief investigator, Michael Morgan, can be reached at (251) 574-8400 or via email at mikemorgan@mobileda.org.

Rubin Hurricane Carter

The world lost a tremendous advocate for those who are wrongfully convicted. Rubin “Hurricane’ Carter, who spent nearly 20 years of his life in prison for crimes he did not commit died on Easter Sunday, 2014. In the weeks before his death, even as he was suffering from cancer, Carter wrote a powerful article about a man in prison in New York, a man Carter believes is innocent, a man who has been incarcerated since the 1980s. Here is some of what he wrote: “My single regret in life is that David McCallum of Brooklyn — a man incarcerated in 1985, the same year I was released, and represented by Innocence International since 2004 — is still in prison. I request only that McCallum be granted a full hearing by the Brooklyn conviction integrity unit, now under the auspices of the new district attorney, Ken Thompson.

Read more: http://www.nydailynews.com/opinion/hurricane-carter-dying-article-1.1621747#ixzz2zSGIYJ3u

It is tremendously powerful for a dying man to pursue justice for someone he believes is innocent.  We need for more prosecutors to seek the truth over the conviction.

Conclusion

Rodney K. Stanberry has spent far too many years in prison for crimes he did not commit.  It is truly a shame and a travesty that his 45th birthday (April 27th) and his 17th Father’s Day June 15th) was spent in prison. His father is now 80 and his mother died two years ago, she would have celebrated a birthday in May.  I will leave you with this:

Dr. Wilmer Leon (a slight paraphrase): Rodney, after talking to you and after speaking with your cousin over the course of many years, you believed in the system and still have faith in the system. It is interesting to hear you now, you still seem to have faith in the system. Rodney, yes, yes I do, maybe it is a character defect…. The system has not only engaged in a miscarriage of justice for me, but also carried out an injustice to the victim.

 You can hear the full interview here; you can hear Rodney towards the end of this show that features his former supervisor, an eyewitness on the scene, his father (Earsell), sister(Toni), and cousin (Artemesia) : http://freerodneystanberry.com/blog/?attachment_id=78

District Attorney Ashley Rich can correct this miscarriage of justice.  Please contact her office. Even if she says that Rodney’s case will not be reviewed, request that she establishes a Conviction Integrity Unit.  Again, here is the contact information for her office: District Attorney Ashley Rich can be reached at (251) 574-5000 or via email at ashleyrich@mobileda.org.  Her chief investigator, Michael Morgan, can be reached at (251) 574-8400 or via email at mikemorgan@mobileda.org.

Sincerely,

Artemesia Stanberry

PS http://freerodneystanberry.com/blog/2013/09/09/the-continued-struggle-to-free-an-innocent-man-the-case-of-rodney-k-stanberry/

#FreeDad:  http://freerodneystanberry.com/blog/2013/06/20/freedad-to-the-fathers-who-are-wrongfully-convicted/

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Happy Birthday Evelyn (Janet) Stanberry (May 7, 1942-September 8th, 2012)

http://www.youtube.com/watch?v=cEVURKsGoMI

May 7th, 2014

Happy Birthday Evelyn (Janet) Stanberry (May 7, 1942-September 8th, 2012)

Today is the birthday of Mrs. Evelyn (Janet) Stanberry. She would have been 72 years old.  As I wrote in a previous blog: Rodney’s mother had a birthday on May 7th. Her memory is failing, but if her son were to appear by her bedside, she would light up like a kid on a Christmas morning who had just received the gift of a lifetime. Unfortunately, his mother will have to make it to another birthday and wish that she can receive what would be her special gift. ” (http://freerodneystanberry.com/blog/2012/05/10/the-significance-of-birthdays-and-mothers-the-case-of-rodney-k-stanberry/) Sadly, Evelyn “Janet” Stanberry died on September 8, 2012. She did not live to see her son free and exonerated. May she rest in peace.

A lot of memories stick with me during this long journey I’ve been on with my cousin. Most of them are tough memories. One is when Rodney’s mother, father and I were visiting him on one of his visitation days. It was during the summer, it was hot, the wait was long to get in (you stand in line in the heat) and it was hot inside (no air conditioners in Alabama’s prisons). Towards the end of the visit, Rodney’s mother was about to have a seizure- his father quickly jumped up to brace her and we said our quick goodbyes to Rodney so that we could get his mother out of the visitation area.  I looked back and looked at Rodney, the feeling of helplessness on his face is something I will never forget. His mother is his heart and he had to watch her walk away by the assistance of her husband and there was nothing he could do. He couldn’t follow us, he couldn’t walk to the car and say Mom, you take care of yourself, ok, he could only watch us rush to get her out.  To my memory, that is the last time he saw his mother. He couldn’t even attend her funeral.

Wrongful Convictions have consequences; they are devastating on the inmate, the inmate’s family, friends and loved ones, and devastating to the system. And it does not bring about true justice for the victim and the victim’s family and the level of grief and pain they experience are great, this must not be forgotten, they, too, grieve over significant birthdays, holidays, Mother’s Day and so on. The system of justice fails both when convicting the innocent substitutes for convicting the guilty. Prosecutors must have the strength and the conviction to pursue the truth, regardless of how many years have passed by.  It should be a moral responsibility of those who are sworn to serve. Rodney, I am very convinced, would be out of prison today if he were guilty, but he is an innocent man, raised in a middle class family, raised in a two-parent household, with no criminal record, with no incentive to commit the brutal crimes for which he is accused.  But today, he will have to think about the years away from his mother that were taken away from him. As I mentioned before, if Rodney were guilty, then one can expect little or no empathy, but Rodney is innocent and we have to continue to expect and to pursue justice.

District Attorney Ashley Rich has the opportunity to work to free an innocent man- aside from a confession that was made that cleared Rodney and exculpatory evidence withheld that further proved his innocence (http://www.freerodneystanberry.com/the_shooter-_what_they_want_to_wish_away).  She needs to continue to hear from you, she can be reached at (251) 574-8400 or (251) 574-5000 and via email at ashleyrich@mobileda.org.  Rodney was denied parole again on August 28th, 2013.  The Alabama Board of Pardons and Paroles will not grant him another parole date, which means that his release date in March 2017- 20 full years in prison for crimes he did not commit.  It is very difficult for an innocent man to get parole because the parole board wants to hear that an inmate is guilty and shows remorse ( http://www.bostonreview.net/blog/schwartzapfel-stanberry-parole).  Rodney certainly hates and is hurt over what happened to the victim, but he can’t say he is guilty for something he did not do. This is a very difficult dilemma and very frustrating because it is not a strategy for a guilty person to use, that is going before a parole board with claims of innocence.  Here is a New York Times piece about the Innocent Prisoners Dilemma: http://www.nytimes.com/video/2010/06/04/nyregion/1247467961918/the-innocent-prisoners-dilemma.html?WT.mc_id=VI-D-I-NYT-MOD-MOD-M153-ROS-0610-L1&WT.mc_ev=click

 

Conviction Integrity Unit

I’ve asked several times that District Attorney Ashley Rich establish a Conviction Integrity Unit.  While these units do have a fox guarding the hen house type of feel, they can work to right a wrong.  Dallas County, Texas District Attorney Craig Watkins has exonerated many who were wrongfully convicted since establishing a Conviction Integrity Unit and recently elected Brooklyn, NY DA Kenneth P. Thompson just this week asked a judge to vacate the conviction of three inmates (http://www.nytimes.com/2014/05/06/nyregion/prosecutor-to-seek-voiding-of-3-murder-convictions-linked-to-brooklyn-detective.html) and just today (May 7th) the New York Times reported that the judge granted the request (http://www.nytimes.com/2014/05/07/nyregion/brooklyn-judge-vacates-murder-convictions-of-3-half-brothers.html?emc=edit_th_20140507&nl=todaysheadlines&nlid=25275188) DA Thompson acted before the lawyers filed a brief, which demonstrates that district attorneys can do what is right without lawyers getting involved.  It is unfortunately that one of the individuals exonerated died in prison.

So, again, I ask that you contact District Attorney Ashley Rich an ask her to establish a Conviction Integrity Unit. It would at least demonstrate that she is moving in the right direction: (251) 574-8400 or (251) 574-5000 and via email at ashleyrich@mobileda.org

Peace,

 

Artemesia Stanberry

PS No one wins, except prosecutors who advance their careers, when the wrong person/the innocent person is convicted.

http://freerodneystanberry.com/blog/2013/02/20/gun-control-what-happened-when-a-gun-enthusiast-tried-to-stop-the-sale-of-weapons-the-case-of-rodney-k-stanberry/

http://freerodneystanberry.com/blog/2013/08/06/can-a-person-be-two-places-at-once-the-wrongful-conviction-of-rodney-k-stanberry-2/

Here is a WKRG
TV
(Mobile, AL) segment shortly before his parole hearing, a WKRG
segment
after his parole hearing, and a Mobile
Press Register article before
and after
his parole hearing.
  Here is another piece published in the Boston Review
regardin his parole denial.  It is entitled Rehabilitation,
Remose, and Innocence: Rodney Stanberry Tries for Parole
. The struggle to
vindicate and exonerate Rodney K. Stanberry will continue. Please join the Free Rodney K. Stanberry Facebook group page.

 

 

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Mobile Police Department Establishes Special Committee, Why Can’t Mobile District Attorney’s Office Establish a Conviction Integrity Unit?

Mobile Police Department Establishes Special Committee, Why Can’t Mobile District Attorney’s Office Establish a Conviction Integrity Unit?

March 27, 2014

I read with interest AL.com’s Theresa Seiger’s article about newly appointed Mobile Police Chief James Barber’s establishment of a committee to address policies and procedures in the awake of recent officer related shootings.  Specifically, the committee will consist of several officers appointed by Barber to review officer related shootings (http://blog.al.com/live/2014/03/newly_formed_committee_to_revi.html#incart_river_default)

Seiger writes in her article that Barber had discussed this possibility when he was sworn in this past November. However, the incident that seemed to move this up on his agenda was the recently officer related shooting of a dog when an officer entered the backyard of a home owner in pursuit of a fleeing suspect.  On March 17th, 2014 I listened to Sean Sullivan’s show on FM 106.5 talk following this incident and his show was full of calls and a former officer, discussing this case of the officer shooting a homeowner’s dog during the chase pursuit (the homeowners were not the suspects, rather a suspect allegedly ran into their backyard).  It has garnered much media attention.  Police Chief Barber, it seems in response to this attention, offered a response, a committee to review officer related shootings. Yes, it will be officers reviewing the actions of other officers, as opposed to a citizen review board, but it is a response.

District Attorney Ashley Rich and Conviction Integrity Unit

Why won’t Mobile District Attorney Ashley Rich, in response to evidence of prosecutorial misconduct and wrongful convictions reported by the media since her swearing in in 2011, establish a Conviction Integrity Unit similar to the one established by Dallas County, Texas District Attorney Craig Watkins. Below is information about the Dallas County, Texas Conviction Integrity Unit:

“Established by District Attorney Craig Watkins in July of 2007, the Conviction Integrity Unit reviews and re-investigates legitimate post conviction claims of innocence in accordance with the Texas Code of Criminal Procedure, Chapter 64 (Motion for Forensic DNA Testing).  In addition, the Conviction Integrity Unit reviews and prosecutes old cases (DNA and non-DNA related) where evidence identifies different or additional perpetrators.  Special Field Bureau Chief Russell Wilson supervises the Conviction Integrity Unit, the Appellate Division, the Public Integrity Division, the Federal Division and the Mental Health Unit, as well as public information, evidence destruction and expunctions at the District Attorney’s Office.  The Conviction Integrity Unit is staffed by two assistant district attorney, one investigator and one legal assistant.  This special division is the first of its kind in the United States.” http://www.dallasda.com/division/conviction-integrity-unit/

As mentioned, media coverage of officer related shootings seemed to prompt Mobile Police Chief James Barber to establish a committee to review said shootings.  Since District Attorney Ashley Rich moved from her Assistant District Attorney position to the District Attorney position in 2011, the local media aired or printed information about the following cases:

Toby Priest

From Lagniappe Mobile: “Did Toby Priest Spend Three Years in Jail for a Crime He Did Not Commit?” http://classic.lagniappemobile.com/article.asp?articleID=4983&sid=1

From the Al.com/ Mobile Press Register: “Prosecution Drops Robbery Case Against Mobile Man” http://blog.al.com/live/2011/10/prosecution_drops_robbery_case.html

FYI here is a blog that I wrote in response to the LagniappeMobile investigative piece. http://freerodneystanberry.com/blog/2011/11/16/reaction-to-article-in-lagniappe-about-the-toby-priest-case/

William Ziegler (currently on death row in Alabama):

From the AL.com/ Mobile Press Register: “How the System Failed William Ziegler: Perjured Testimony, Trashed Evidence, Lying Jurors.” http://blog.al.com/live/2013/02/how_the_system_failed_william.html

From Lagniappe Mobile: “Who Killed Allen Baker? Judge’s Order Suggests Murder Case Stacked Against Death Row Inmate.” http://classic.lagniappemobile.com/article.asp?articleID=5961

From Al.com/Mobile Press Register: Prosecutor, Defense Lawyer Clash at Appeals Court Over Overturn of Capital Murder Conviction.”  http://blog.al.com/live/2013/10/prosecutor_defense_lawyer_clas_1.html

George Martin (currently on death row in Alabama)

From Al.com/ The Times Picayune: Former Alabama State Trooper Convicted of Burning Wife to Death Seeks New Trial (update)”: http://blog.al.com/live/2012/04/former_alabama_state_trooper_g.html

From al.com/Press Register: “Judge Overturns 13 year Old Capital Murder Conviction of Mobile-Based Trooper. http://blog.al.com/live/2013/09/judge_overturns_13-year-old_ca.html

From the Equal Justice Initiative: “New Trial Ordered for Death Row Inmate George Martin Due to Prosecutorial Misconduct” http://www.eji.org/node/816

Conclusion

Rob Holbert of Lagniappe wrote the following in a column calling for an Innocence Project in Alabama wrote:

“While it is awful to consider that innocent people have gone to jail, what is even more troubling is that some prosecutors may not have the capacity to look at their own work critically when problems arise. No one likes to be wrong, but everyone is wrong from time to time. Prosecutors are not exempt from that rule of life.

One thing that has become clear to me over years is the legal system is far from perfect, and often because of the sheer glut of cases, expediency takes precedent over thoroughness. What’s even clearer is the power judges, prosecutors and police have to make certain things happen when they want to.”

If District Attorney Ashley Rich were to establish a Conviction Integrity Unit, it would be a case of prosecutors evaluating the work of their fellow prosecutors, but, like the committee established by Mobile Police Chief James Barber, that leadership is listening and wants to do something to assure the public that there is complete integrity in the pursuit of protecting the public.  The Mobile Police Department is experience budget cuts, yet, Barber found a way to do something to address the concerns of the public.  Why can’t Mobile District Attorney Ashley Rich do the same?

In conclusion, I asked Mobile District Attorney Ashley Rich and her opponent Mark Erwin during the 2010 campaign to replace District Attorney John Tyson, Jr. about how they would address wrongful convictions. This is just my opinion, but I think Mark Erwin would have done something to assure the public’s trust of the aforementioned cases came to the public’s view during his administration.  http://freerodneystanberry.com/blog/2012/11/21/another-judge-grants-a-new-trial-in-mobile-alabama-a-reaction-to-the-lagniappe-article-on-william-zieglar/

District Attorney Ashley Rich can be reached at (251) 574-8400, (251) 574-5000 or via email at ashleyrich@mobileda.org in the event that you wish to request that she establishes a Conviction Integrity Unit.

Sincerely,

 

Artemesia Stanberry

PS Below is a blog writer in January which includes why Rodney K. Stanberry’s case should be reviewed. His case was also mentioned in Rob Holbert’s piece calling for an Innocence Project (also written after District Attorney Ashley Rich moved from Assistant District Attorney to being elected to serve as the district attorney). http://freerodneystanberry.com/blog/2014/01/13/fighting-for-funding-fighting-for-justice-establish-a-conviction-integrity-unit/

On March 25th, 2014, Rodney K. Stanberry began his 18th year in prison for crimes he did not commit.

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Rodney K. Stanberry- Innocent and Incarcerated: Year 18 Begins

http://www.youtube.com/watch?v=cEVURKsGoMI

Investigative Reporter Beth Schwartzapfel talks to Dr. Wilmer Leon about Rodney’s case and her investigative report.

 Rodney K. Stanberry- Innocent and Incarcerated: Year 18 Begins

March 25th, 2014

Today (March 25th, 2014) begins Rodney K. Stanberry’s 18th year in prison for crimes he did not commit.  He has now completed 17 full years in prison.  Rodney was denied parole on August 28th, 2013.  The Alabama Board of Pardons and Paroles stated that Rodney would have to remain with the Alabama Department of Corrections until his sentence concludes in March 2017.  This means that after spending 17 years in prison, Rodney still has three more years on his prison sentence.  The only hope he has for release before his term concludes is if an attorney will devote the time and resources to file a federal habeas petition or if Mobile District Attorney Ashley Rich will do what is fair and just and work towards his release, including reopening his case for a serious review of what happened that resulted in an innocent man’s arrest, conviction and long-term incarceration.

The Mobile DA’s office had evidence of Rodney’s innocence, it didn’t fit the prosecutor’s theory, so Rodney remains in prison and an injustice continues. Please keep Rodney, his family, and the victim’s family in your thoughts/prayers, as the Mobile County District Attorney’s office has done both families wrong. No one wins when the wrong person is convicted. The person who confessed and exonerated Rodney did so approximately two years before Rodney’s trial. He (Moore) had as his attorney one of the best attorneys in Mobile, Alabama. I doubt if Moore’s attorney would invite prosecutor Buzz Jordan to his office and instruct his client to confess if his client weren’t telling the truth. Moore and his attorney no doubt believed Jordan had evidence of Moore’s guilt, but Jordan opted to pursue an innocent man instead, no one was ever tried nor convicted for the crimes against the victim, except for Rodney, who had evidence that he was at work and that he was innocent.

Rodney was arrested in 1992, convicted in 1995, and began serving his prison sentence in 1997.  He was approximately just shy of 23 when arrested, 26 when sentenced, and one month shy of his 28th birthday when he spent his first day under the Alabama Department of Corrections.  He voluntarily turned himself in when his post trial appeals were exhausted, believing that the system would correct this injustice. Imagine what his 28th birthday was like, innocent, incarcerated, and away from his parents, his new baby, his wife, his sister and his loved ones. He is currently 44, he will be 45 on April 27th, 2013.   Rodney’s father was 58 when Rodney was arrested, 61 when Rodney was convicted, 63 when his son spent his first day in prison, and he is 80 on his son’s 17th complete year in prison. Rodney has a son who is now a teenager, and his mother died on September 8, 2012, cared for and surrounded by his father and his sister. His parents’ retirement years were taken away over this ordeal. Rodney came from a solidly two-parent, middle class household.  His parents were married for as long as he has been alive. He did not have a criminal record, he had a steady job that he worked at until began serving his prison term, he had a bank account, an excellent reputation as a law abiding citizen, his entire future ahead of him, close friends and family and so on.  If the Mobile DA’s office had followed the evidence instead of a theory, this ordeal would have been over long ago.  Instead, on March 25th, 2014, he will begin his 18th year in prison for crimes he did not commit. While a book can and will be written to fill in what occurred during each of the years below, only some highlights are provided for your review.

Although calls to the Mobile District Attorney’s Office seem to be futile, your calls are needed to let District Attorney Ashley Rich know that you are concerned about the continued incarceration of Rodney K. Stanberry.She can be reached at (251) 574-6685, (251) 574-5000 or ashleyrich@mobileda.org or her Chief Investigator Mike Morgan at (251) 574-8400 or mikemorgan@mobileda.org.

March 24th 1997- March 24th 1998- Year 1 Adjusting to Prison Life- A Foreign Concept to an innocent man who had never been in prison.

March 24th 1998-March 24th 1999- Year2(1st letter from NAACP stating that they could not assist in this case)

March 24th 1999- March 24th 2000- Year 3(1st letter from the Mobile District Attorney’s Office:http://freerodneystanberry.com/yahoo_site_admin/assets/docs/20100914154832.256154014.pdf)

Rodney “celebrates” his 30th birthday in prison

March 24th-2000-March 24th 2001- Year 4

March 24th 2001-March 24th 2002- Year 5- Rule 32- Post Conviction Hearing for New trial Denied

March 24th 2002-March 24th 2003- Year 6

March 24th 2003-March 24th 2004- Year 7 “Guilty Until Proven Innocent” WKRG TV- 5 (Mobile, AL Report (http://www.youtube.com/watch?v=cEVURKsGoMI)

March 24th 2004-March 24th 2005- Year 8(October 18, 2004-Parole Hearing- Parole Denied)

March 24th 2005-March 24th 2006- Year 9

March 24th 2006- March 24th 2007- Year 10 Important Interview on Dr. Wilmer Leon’s show, featuring Rodney’s supervisor who testified and provided work documents during trial that Rodney was at work (he also spoke at Rodney’s second parole hearing): http://freerodneystanberry.com/blog/?attachment_id=119

March 24th 2007- March 24th 2008- Year 11

March 24th 2008- March 24th 2009- Year 12 Election & Inauguration of First African American President- a lot of change since Rodney’s arrest in 1992.

March 24th 2009-March 24th 2010- Year 13  (July 8, 2009- Parole Hearing- Parole Denied)

Rodney “celebrates” his 40th birthday in prison.

“Time Served, Or Justice Denied in Alabama,” An article in Lagniappe Mobile written by Bill Riales about Rodney’s case. (June 2009,http://classic.lagniappemobile.com/article.asp?articleID=2332 )

March 24th 2010- March 24th 2011Year 14 Ashley Rich is elected to replace Mobile District Attorney John Tyson, Jr.

During the campaign she was asked about what she would do if a prosecutor withheld evidence- You can listen to her response here: http://freerodneystanberry.com/blog/wp-content/uploads/2012/07/u7am0916AshleyRich1.mp3.

She seemed very adamant about the issue and said that the integrity of every conviction is important to her.

March 24th 2011-March 24th-2012Year 15

Shortly after her swearing in, Rodney K. Stanberry supporters from around the country called her office and signed a petition in support of his release.This put Rodney’s case on her radar screen as District Attorney, not simply as candidate for the office.As stated: [District Attorney Ashley Rich] has received so many calls that she asked her new investigator to call around to see why people were calling. In honor of her first year as DA, I am asking that people call to follow up to see what she is doing with regard to [Rodney’s] case. More importantly, I’m asking people to ask her to take steps to either get the Attorney General to investigate Rodney’s case, retry or release him immediately. http://newsone.com/1809115/rodney-k-stanberry-is-alabama-still-the-land-of-jim-crow/

Journalist Kirsten West Savali was able to get District Attorney Ashley Rich’s Office on record to discuss Rodney’s case. You can read that interview here: http://newsone.com/1809115/rodney-k-stanberry-is-alabama-still-the-land-of-jim-crow/

March 24th 2012- March 24th 2013Year 16

LagniappeMobile calls for an innocent project, the editorial includes the following: “Another case I believe needs an independent look is that of Rodney Stanberry, who has been in jail for murder for roughly 20 years now. A Lagniappe story in 2009 detailed the very shaky circumstances surrounding his conviction.” (Nov 2012: http://classic.lagniappemobile.com/article.asp?articleID=5978)

March 2013: Investigative Journalist Beth Schwartzapfel completed and published her investigation in the Boston Review.You can read it here: “Who Shot Valerie Finley: Why Is One Man’s Innocence So Hard to Prove” http://www.bostonreview.net/BR38.2/beth_schwartzapfel_valerie_finley_innocent_convictions.php

In this article, she includes the confession by Terrell Moore, a confession that the District Attorney’s Office worked to suppress BEFORE Rodney’s trial, even as he confessed in front of the prosecutor and was given immunity from prosecution if he did so, AGAIN, before Rodney’s trial. You can read the confession here: http://freerodneystanberry.com/yahoo_site_admin/assets/docs/20100914155256.256155350.pdf/20100914155256.256155350.pdf.

But here is a portion of investigative journalist Beth Schwartzapfel’s article as it relates Moore appearing before Rodney Rule 32 Post Conviction Hearing:

“Aside from Mike Finley, Taco Jones, Tyrone Dortch, and five of Rodney’s coworkers who testified at Rodney’s trial, there was one additional person who would not have corroborated everything that Valerie said: Terrell Moore. Hoping that Terrell would finally “come clean,” as he had promised Ryan Russell he would, Knizely called him to the stand at the hearing. Terrell seemed prepared to testify.

But Knizely had no sooner asked Terrell his name than Martha Tierney, the assistant district attorney, jumped in. “Judge, I hate to interrupt Mr. Knizely, because I have the world of respect for him,” she began, “but if Mr. Moore is going to testify about the things we anticipate he will testify about, and I’m concerned this is a state forum, and that he would take this stand unrepresented and with no grant of immunity to make statements that could have life consequences for him. I just wish that the Court be apprised of that and our concern about that, sir.”

 Knizely was incredulous. “Judge, from our understanding, the State’s [position is that] the man—he has no credibility. And are they are telling us now they are going to prosecute him if he confesses to it?”

 It was a good question. If the district attorney’s office truly believed, as it had maintained all along, that Rodney was guilty and Terrell was (for some inscrutable reason) lying about his involvement, then why threaten to prosecute him? To prosecute him, the state would have to believe he was guilty. It would have been almost impossible for both Terrell and Rodney to be guilty, since one story contradicted the other. And yet Tierney was simultaneously defending the verdict against Rodney and threatening to prosecute Terrell. It seemed she was trying to scare Terrell off the stand in order to preserve Rodney’s conviction. The Mobile District Attorney’s office did not respond to multiple requests for comment, submitted via email, by phone, and in person.

 Tierney pressed on. “If he comes in here and says ‘it’s me pals,’ then it’s goodbye sunlight for the rest of his living life, and he’s young,” she said.

 Finally, after some additional back-and-forth, Knizely was allowed to proceed. “Mr. Moore,” he began, “you recall whenever a lady named Mrs. Finley was shot? Do you remember back in those days when you were called as a witness in this case?”

 Tierney interrupted again. “Judge, may I object sir, for one minute? Could you just, Your Honor, if I may respectfully ask that at least you instruct him that he does have the right under the Fifth Amendment not to make any statements.”

 “I thought I just did that,” McRae said, “but I’ll do it again. Under the Fifth Amendment of the Constitution,” he told Terrell again, “you do not have to answer any question which could even possibly incriminate you. Do you understand that?”

 “Yes, sir, I understand it.”

 “Okay, proceed,” McRae said. But Tierney interrupted again.

 “And that the State would use anything he says today, Your Honor, against him.”

 “The State can and may,” the Judge said.

 “Yes, Your Honor, I understand,” Terrell said, “and I plead the Fifth Amendment.” http://www.bostonreview.net/BR38.2/beth_schwartzapfel_valerie_finley_innocent_convictions.php

Year 18- Parole Hearing/ Parole Denied

After Rodney was denied parole for a second time, it was hoped that he would be granted parole at his 3rd parole hearing.  Again, Rodney had everything a parole board would look for, but his not being guilty may have played a role in his remaining in prison. A member of the victim’s family told the parole board that Rodney had deluded himself into believing he is innocent. When inmates come before the parole board, the parole board wants to hear that they are guilty and express remorse .Rodney refuses to say he is guilty for crimes he did not commit. It doesn’t matter that he has jobs lined up, family support, sponsors, supporting letters from co-workers, friends and even, as occurred during his previous parole, a letter from the arresting officer, the parole board wants to hear that a person is guilty.  Rodney  faces the prison dilemma of the wrongfully convicted: NYTIMES.

Below you will find links to articles and news reports concerning Rodney’s parole hearing:

Here is a WKRG TV (Mobile, AL) segment shortly before his parole hearing, a WKRG segment after his parole hearing, and a Mobile Press Register article before and after his parole hearing.  Here is another piece published in the Boston Review regarding his parole denial.  It is entitled Rehabilitation, Remose, and Innocence: Rodney Stanberry Tries for Parole. (Beth Schwartzapfel was runner up for a prestigious journalism award for her investigative piece about Rodney’s case)

As Rodney begins his 18th year of incarceration, will Mobile County District Attorney Ashley Rich work to release Rodney K. Stanberry?

This is a true travesty of justice.

Contact Mobile District Attorney Ashley Rich at (251) 574-6685 or ashleyrich@mobileda.org or her Chief Investigator Mike Morgan at (251) 574-8400 or mikemorgan@mobileda.org.

 

Peace and Sincerely,

Artemesia Stanberry

http://www.yourblackworld.net/2012/11/black-news/black-community-rallies-to-re-open-the-case-of-rodney-k-stanberry/

Please join us on Facebook:

https://www.facebook.com/pages/Free-Rodney-K-Stanberry/228205690552328 and https://www.facebook.com/groups/freerodneykstanberry/

 

 

 

 

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Ruthless- We Should Never have to Describe People Paid and Elected to Pursue Justice as Such, But….

 http://www.youtube.com/watch?v=cEVURKsGoMI

(Note, it is Monday, February 10 as I post this blog. I originally wrote it on Nov. 30, but it is one of the many that I wrote, but did not post. As we are approaching the 80th birthday of Rodney’s father (Feb. 12th), this blog is on my mine, so I’m posting it. On March 25th, 2014, Rodney will begin his 18th year in prison for crimes he did not commit, his scheduled release date is March 2017.)

November 30, 2013

Ruthless- We Should Never have to Describe People Paid and Elected to Pursue Justice as Such, But….

Ruthless, that is the word that has been on my mind, it was on my mind as I drifted off to sleep and it was the first thing on my mind when I awoke this morning. Ruthless, how can people be so ruthless? I spent the Thanksgiving Day and the day after watching The House of Cards, the Netflix series about a member of Congress, Francis “Frank” Underwood who will stop at nothing to achieve his goals for more power and prestige.  If you look up ruthless in a dictionary, his picture would be there. I spent my teen years as a misanthrope, while at the same time ultimately believing in the goodness of humankind. This is cognitive dissonance on steroids.  My thought processes as a young person were the constant wars, starvation of children that could have been prevented, the history of war, violence and cruelty of fellow human beings, animals, and the environment, although, when I was younger, the environment wasn’t the foremost concern, so this is why I labeled myself a misanthrope.  As I grew older, the anger I felt was subsided by the goodness I know is within most of us. 

In 1997, when I was began advocating for my cousin, Rodney K. Stanberry,  who remains in prison for crimes he did not commit, I believed the district attorneys in the Mobile District Attorney’s Office would respond to moral persuasion, that they would respond with a sense of what is just and what is fair.  People who believe this do not operate in a ruthless way; they continue to try to appeal to the better angels of man and continue to believe in a system, even when the system has let them down.  I mentioned after Rodney’s 1st parole hearing in 2004 that I felt a sort of naivete in believing that providing the parole board with everything that they look for would result in Rodney being granted parole*, but after his second parole hearing in 2009, I said that the idea that people working within the system actually cares about justice over the conviction had been removed (I sent out a long email to our followers in ‘04 and ‘09 following the hearing about these thoughts).   But I am not a ruthless person and I believe in the basic humanity of man- even though in dealing with Rodney’s wrongful conviction I have witnessed that the conviction is king and district attorneys are servants to it, even as it blinds them.  I don’t think I’ve used the word ruthless to describe this before, but after seeing how Frank Underwood behaved in the House of Cards, it is a name that I would give to the behavior of those who would convict innocent people and work to keep those innocent people in prison- not just the prosecutors but those within the system who sanction and help to perpetuate this situation to satisfy career goals.  When I spoke to someone who deals with the Alabama Board of Pardons and Paroles about how the three members would respond to a moral appeal based on Rodney being innocent, the person mentioned that those members of the parole board want to be reappointed, and their reappointment isn’t based on granting paroles, especially when there is media attached to record their actions.  A conscious decision made based on politics, maintaining employment, without consideration of what is right, fair and just can be said to be careerist. But their decision could have been made for other reasons so they should state the reason (s). The Alabama Board of Pardons and Paroles was asked in this article why the parole board doesn’t provide a reason for denying paroles in general and Rodney’s in particular (http://www.bostonreview.net/blog/schwartzapfel-stanberry-parole).  I believe the parole board should state a reason for his parole denial and to provide a rationale for Rodney not being able to appear before the parole board again- from where did this decision originate. An individual with experience with the parole board stated that it was likely that if he were denied parole this time, that it would be reset for a year before his sentence ended. Keep reading.

A Wrongful Conviction leads to an inadvertent death sentence

In House of Cards, Frank Underwood, to achieve a plan he had set out, murdered a man.  This man had two young children, but Frank didn’t care, his ends justified the means.  He wanted to be the Vice President of these United States.  Maybe in Season 2 he will be punished for it, but we know that the punishment for those in power- such as a district attorney, a judge, or a US Congressman, in Frank Underwood’s case- is miniscule compared to the damage they have done.  The prosecutor who convicted Timothy Cole knowing he had evidence that placed doubt in Cole’s conviction went unpunished. The Governor of Texas, Rick Perry, did grant Timothy Cole a pardon, but not before Cole died 13 years into his prison sentence of an asthma attack (See journalist Beth Schwartzapfel’s piece on this: http://www.motherjones.com/politics/2011/12/tim-cole-rick-perry). The pardon was a posthumous pardon, Cole didn’t know, and Perry gets applauded during a Republican Presidential primary debate for the number of people his state has executed (I write about it here in this blog entitled The State Doesn’t Cry, But Maybe it Should-http://freerodneystanberry.com/blog/2012/01/17/the-state-doesn%E2%80%99t-cry-maybe-it-should-the-case-of-rodney-k-stanberry/). 

A wrongful conviction leads to 25 years in prison

Michael Morton spent nearly 25 years in prison for crimes he did not commit.  He was accused and convicted of murdering his wife.  District Attorney Ken Anderson of the Williamson County, Texas District Attorney’s Office prosecuted Anderson.   He had exculpatory information that he withheld and went on to get the conviction. He would later become a judge and in the 25 years that Morton spent languishing in prison, Ken Anderson built a successful career- a prosecutor who gets convictions moves up to becoming a judge, the path to success that requires a bit of ruthless behavior. You have a high profile case, a man killing his wife, well that’s big news, if it later turns out that he is innocent, perhaps you know before his trial, well, the ruthless person can’t turn back now, so what if he has a son, so what if he will go to prison with the label of murderer, I got a career to think about.  Anderson’s ruthless behavior finally caught up to him (http://freerodneystanberry.com/blog/2013/04/22/when-texas-gets-it-right-former-prosecutor-held-criminally-responsible-for-putting-innocent-man-in-prison/), but the punishment didn’t fit the crime- in a plea bargain to end civil and criminal charges against him http://www.statesman.com/news/news/local/ken-anderson-begins-serving-jail-sentence-in-micha/nbrck/, he had to give up his law license and spend less than 10 days in jail- mind you, this was at the tail end of his career. So you may say he is embarrassed and this took away from his reputation. Mike Morton’s own son believed what the District Attorney’s Office fed him, he changed his last name when he turned 18;  Morton had to spend years in prison dealing with that reality.  Anderson’s successor John Bradley mocked Morton for maintaining his innocence.  Morton endured more than 25 years of mental torture, from his arrest, conviction, sentence, and even his life today, while Anderson suffers from what? People who are ruthless and who work within the system know that the punishment won’t fit the crime, so it continues. 

Rodney K. Stanberry- Still in Prison for Crimes he did not commit

As I was sitting in Rodney K. Stanberry’s third parole hearing on August 28th, 2013 and for the three months following his hearing that I’ve had to think about it, I couldn’t quite put into words how I felt about many of the players involved.  The members of the Alabama Board of Pardons and Paroles took less than 2 minutes to deliberate before saying that Rodney would remain with them, but the decision, I believe, was made well before that day. When Joe Carl “Buzz” Jordan, the prosecutor in Rodney’s case, made a decision to let a theory outweigh any evidence contradicting his theory, he established the baseline of ruthless behavior as it related to Rodney K. Stanberry’s case.  He just had to convince the victim and the victim’s family that Rodney was involved and they he should be punished even though he was at work when the crimes occurred, even as there is a confession by another individual.  What conversations did he have in private? Rodney was convicted based on eyewitness testimony of the victim, who was brutally attacked and shot in the head. (For more information read: Who Shot Valerie Finley: Why One Man’s Innocence is Difficult to Prove by Beth Schwartzapfel).  75% of those exonerated with DNA were convicted based on eyewitness misidentification. I don’t blame the victim, I believe she believed what she said, but I know that law enforcement had evidence to show that it was misidentification, but they said nothing, because the conviction was more important. Mike Morgan, the current chief investigator says to this that the victim knew Rodney.  Here is his first interview about Rodney’s case. Journalist Kirsten West Savali was able to get this interview with him:

In an exclusive interview with NewsOne, District Attorney’s Office Chief Investigator Mike Morgan, brushes those facts aside, stating that there is still no reason for Rodney Stanberry to be granted another trial:

“All the evidence was heard by the judge during the trial. A decision was made not to allow the jury to hear Terrell Moore’s testimony. A jury found Mr. Stanberry guilty after a trial; that’s why we have a jury system. I will agree with your statement that eye-witness testimony is the most unreliable testimony, but not in this case. Valerie Finley identified Stanberry; she knew him.

For there to be a new trial, “new and compelling” testimony would have to be presented. Even if the jury was not allowed to hear Moore’s testimony, that was a decision made by the judge.” http://newsone.com/1809115/rodney-k-stanberry-is-alabama-still-the-land-of-jim-crow/

 

In a follow-up article Kirsten West Savali interviewed an attorney not involved in Rodney’s case who said this:

Attorney Guster also questions the validity of Valerie Finley’s identification of Stanberry so soon after waking from a coma:

“[This] seems to be a flawed identification,” said Guster. “The prosecutor should question whether her ID was valid because of her state of mind when the ID was made, her mental capacity when making the ID and whether she fully understood what she was doing. Being in a coma is a traumatic mental health and physical event. A person’s mind and body have both been essentially shut down for some time.

“She may have been picking anyone familiar to her but who may not have been the true perpetrator of the crime. According to what I have read, she was asked if she saw someone familiar. Of course she would pick Mr. Stanberry; he was a family friend. In my professional opinion, this is a flawed and skewed identification.

Though the case seems to have stalled in the district attorney’s office, Guster insists that by no means equals defeat. (http://www.yourblackworld.net/2012/11/black-news/black-community-rallies-to-re-open-the-case-of-rodney-k-stanberry/)

 The Prosecutor Sets the Script for a Wrongful Conviction- Others Follow

Buzz Jordan set the course of action, and what he set into action, former Mobile District John Tyson, Jr., current Assistant District Attorney Martha Tierney, current District Attorney Ashley Rich, Chief Investigator Michael Morgan, the Alabama Board of Pardons and Parole, the late Judge Ferrell McRae and one other person stayed with the script.  Jordan can travel to Rikers Island prison in New York from Mobile, Alabama before Rodney’s trial  to visit the person the State says was the person who shot the victim and then say under oath at Rodney’s post conviction hearing that he was on vacation so no notes were taken and, oh, by the way, according to Jordan, the person he visited said to follow the husband (what was said in private by Jordan to keep people from focusing on the facts and the actual culprits, did HE posit and then convince people, including the jury, although this was never an official charge, that this was a murder for hire scheme?). During Rodney’s  post-conviction hearing, current ADA Tierney did not question Jordan’s statement regarding his trip to New York, she would have gone off script. I mean to question a prosecutor traveling to a prison to visit a suspect but not taking any notes may result in results better not included in the Rule 32 Hearing? Who believes this? But, when she was  confronted with Terell Moore, the person who confessed to Jordan in front of his attorney, one of the best and most well-known attorneys in Mobile, Tierney plays her role, her role to protect the conviction, not to question the prosecutor who got the conviction: to paraphrase slightly- I’m sorry Judge (McRae), but I need to tell Moore that he, you are a young man, and if you say what I think you will say, then it is lights out for you, think about it, Mr. Moore.  After hearing this from the person in power who is letting him (Moore) remain free for a crime he committed, he pled the 5th, again. What power does the District Attorney’s Office have over people who want to do the right thing? The power to take away the freedom they’ve granted you so that they can continue to deny freedom to someone who they wrongfully convicted. 

Mobile District Attorney Ashley Rich

In comes new District Attorney Ashley Rich and her Chief Investigator Michael Morton (see Savali’s article above) and on Rodney’s parole.  From Mobile Press Register Brendan Kirby’s article:

Mobile County District Attorney Ashley Rich said she is not sending a representative of her office to personally attend the parole hearing. But she said she opposes it.

“We have always taken the position that we oppose his parole,” she said.

Rich said numerous assistant district attorneys have re-examined the evidence over the years. “Our opinion about the case has not changed,” she said. http://freerodneystanberry.com/the_confession-_testimonial_immunity_agreement

I spent the first years of Mobile District Attorney Ashley Rich’s administration asking her to reopen Rodney’s case and asking if she planned to send an assistant district attorney to Rodney’s parole hearing- I asked the latter because since she was elected as the first female District Attorney in Mobile in 2010 (after working as assistant district attorney for 14 years under John Tyson, Jr.’s leadership and as a colleague with Martha Tierney), that her goal was to block paroles and that she would send someone from the DA’s Office to do so.  While I was asking this, I had no idea that the District Attorney’s Office was actually prosecuting a member of the victim’s family and that Buzz Jordan was the defense attorney. Jordan referenced indirectly during this trial  that took place Nov. 2013 (I don’t yet have the full transcript). According to Mobile Press Register reporter Michael Dumas in his coverage of the trial that took place a month or so ago:

This case had familial connections for Patrick both outside, and within, the courtroom. Seated beside her during the trial was her brother, Terrell McCants, who appeared as one of her attorneys, working pro bono. Also litigating for free was McCants’ friend, attorney James Harred.

At the start of the trial, Buzz Jordan, who led the defense, introduced himself as someone who had known Patrick since she was 9 years old, when her mother was the victim of a shooting that left her paralyzed. (http://blog.al.com/live/2013/11/jury_rules_maysville_woman_was.html)

Conclusion

Keeping Rodney in prison hasn’t been about justice for the victim, accountability to the taxpayers, and definitely not about justice for Rodney. It has been to keep in place the mistake/decision Jordan made in convicting the innocent while letting the guilty go. In hindsight, what went on during Rodney’s parole hearing wasn’t about Rodney, it was about making sure that the motion that Frank Underwood/Buzz Jordan put into place would stay in place. During the parole hearing, a member of the victim’s family,  the attorney working with Buzz Jordan on the case Dumas profiles, said that Rodney should remain in prison for the full sentence and that at that time, the family would not protest his release. I will save my comments about this for a book I am writing about Rodney’s case. But remember Men in Black 3, when we discovered the actual beginning of the relationship between Will Smith’s and Tommy Lee Jones’ characters?  I will explain what this reference means to this case in a book.

Justice is never served when the wrong person is convicted. Buzz Jordan could have convicted the individuals actually involved in the crimes. Rodney tried to help the State capture the actual culprits for he did not care if the shooter was a friend of his, he wanted to pursue justice for the victim and for the system.  He was an innocent man who cared about justice that ran into a ruthless machine. And for that, he is on his 17th year in prison for crimes he did not commit.

Peace, 

Artemesia Stanberry

*When we went before the parole board, we had everything that was asked of us; we had counseling for Rodney, a job plan (his former job wrote a letter stating that he has a job upon his release), a supportive family, friends, and a support network.   It didn’t matter.  His parole was denied.  I truly will never forget that day.

 

Links regarding Rodney’s parole final parole hearing:

Here is a WKRG TV (Mobile, AL) segment shortly before his parole hearing, a WKRG
segment
after his parole hearing, and a Mobile Press Register article before and after
his parole hearing.
  Here is another piece published in the Boston Review regardin his parole denial.  It is entitled Rehabilitation, Remose, and Innocence: Rodney Stanberry Tries for Parole. The struggle to vindicate and exonerate Rodney K. Stanberry will
continue. Please continue to keep this page and our blog bookmarked for various
calls for action.

 

 

 

Posted in Blogs by Art, Uncategorized | 2 Comments

Fighting for Funding, Fighting for Justice-Establish a Conviction Integrity Unit

Fighting for Funding, Fighting for Justice: Establish a Conviction Integrity Unit in Mobile, AL

I should be in the courtroom every day fighting criminals. It should not be that I’m having now to fight certain county commissioners for funding. Mobile District Attorney Ashley Rich, January 10, 2014, Uncle Henry Show

The idea of the innocent man jailed for a crime he didn’t commit is a concept so frightening to law-abiding citizens that it routinely serves as the plotline for books and movies like “The Shawshank Redemption.” An innocent falling into the maw of the judicial system and winding up rotting in jail for something he didn’t do is a special kind of Hell. But that kind of thing only happens in movies, right? Rob Holbert, Lagniappe Mobile, November 28, 2012, Lagniappe Mobile

First of all, it is good to know that Mobile District Attorney Ashley Rich respects activism surrounding a cause.  She is fighting for what she believes is just, resources to help her to put away the criminals as she was elected to do.  Welcome to the club, District Attorney Rich.  According to an article written by Michael Dumas, DA Rich, “In her Jan. 8, 2014, email, Rich urged the recipients to ‘reach out to your county commissioner and encourage them to stop fighting our budget requests and sit down and work with us to find a solution that will keep our prosecutors in the courtroom fighting criminals.’”http://blog.al.com/live/2014/01/fight_for_funding_between_mobi.html This is a response to an ongoing dispute about whether or not the Mobile County Commission is providing the level of funding legally required.  Here is the message District Attorney Rich sent, posted on her twitter account: http://www.mobileda.org/mobiledaofficeevents.htm. Further, District Attorney Ashley Rich appeared on the Uncle Henry Show (Newsradio AM 710) on Friday, January 10th to appeal to the public to support her efforts to get more funds from the Mobile County Commission.  She said that she was elected to fight crime not to fight the county commission.  DA Ashley Rich is about to begin her 3rd year as the district attorney for Mobile County, that’s a campaign slogan (she has a 6 year term). To hear District Attorney on the Uncle Henry Show, click here           (http://www.livestream.com/unclehenry/video?clipId=pla_0b1c8e36-e56b-407c-88c5-5f08d286eae5&utm_source=lslibrary&utm_medium=ui-thumb). She also asks that he (Uncle Henry) post her email exchanges with County Commission President Merceria Ludgood and Connie Hudson on his website. At the end of the interview she hands him papers, she is serious about her efforts to put public pressure on the Mobile County Commission (specifically Ludgood and Hudson, as she says Commissioner Jerry Carl is trying to find a compromise). Yes, District Attorney Ashley Rich is in support of good old fashion grassroots activism- when it is something she wants.  Now, of course, I support Rich’s efforts to have the resources to fight crime, but I also believe those resources should be tied to helping to prevent and address wrongful convictions. She said that when she goes into the court room, she wears a white hat.  But does everyone? Does she not make mistakes? Do her prosecutors not make mistakes that result in innocent people remaining in prison. DA Rich knows, like so many others, that the chances of being exonerated once convicted are extremely low. Is she fine with conviction, even if it is of an innocent person, and what happens after that is left up to chance? Two cases that grabbed the attention of Mobile Judges and the Mobile media since she was sworn in as DA are relevant for consideration when talking about the role of prosecutors. I write about the Toby Priest and William Zieglar case here:http://freerodneystanberry.com/blog/2012/11/21/another-judge-grants-a-new-trial-in-mobile-alabama-a-reaction-to-the-lagniappe-article-on-william-zieglar/. Further, Lagniappe Mobile published an editorial calling for the need for an Innocence Project and stated that Rodney’s case needed an independent look: http://classic.lagniappemobile.com/article.asp?articleID=5978.

I wrote about this funding dispute in 2011.  I called and asked others to call the three Mobile County Commissioners to request that any additional funding to the Mobile District Attorney’s Office be tied to the establishment of a Conviction Integrity Unit so that wrongful convictions can be addressed, prevented and overturned. As I mentioned in the blog written in 2011:

“You can call all three Mobile County Commissioners and ask them to insist that the Mobile District Attorney’s Office establishes a Conviction  Integrity Unit similar to one established by District Attorney Craig Watkins in Dallas County, Texas. Here is information about the Conviction Integrity Unit: Conviction Integrity Unit

“Established by District Attorney Craig Watkins in July of 2007, the Conviction Integrity Unit reviews and re-investigates legitimate post conviction claims of innocence in accordance with the Texas Code of Criminal Procedure, Chapter 64 (Motion for Forensic DNA Testing).  In addition, the Conviction Integrity Unit reviews and prosecutes old cases (DNA and non-DNA related) where evidence identifies different or additional perpetrators.  Special Field Bureau Chief Russell Wilson supervises the Conviction Integrity Unit, the Appellate Division, the Public Integrity Division, the Federal Division and the Mental Health Unit, as well as public information, evidence destruction and expunctions at the District Attorney’s Office.  The Conviction Integrity Unit is staffed by two assistant district attorney, one investigator and one legal assistant.  This special division is the first of its kind in the United States.” (source www.dallasda.com) http://freerodneystanberry.com/blog/2011/07/26/mobile-da-mobile-county-commission-rodney-stanberry-make-the-call/”

Costs of Keeping Innocent Incarcerated

Since I first wrote about this in 2011, Rodney K. Stanberry, who is in his 17th year of incarceration for crimes he did not commit, was denied parole for a third time.*  District Attorney Ashley Rich, has now been in the Mobile District Attorney’s Office as long as Rodney has been incarcerated, first as assistant district attorney under John Tyson, Jr. and then as District Attorney beginning in January 2011. Her Chief Investigator, Mike Morgan, said in this article that there is no reason for Rodney to be granted a new trial and District Attorney Ashley Rich said this when asked by a reporter about her position on Rodney’s parole hearing this past August, she said: “We have always taken the position that we oppose his parole” http://blog.al.com/live/2013/08/convicted_of_crime_he_insists.html.

The Mobile County Commission should stand strong, give the DA’s Office more money if they agree to establish a conviction integrity unit to help prevent wrongful convictions and to help those who have evidence that a wrongful conviction may have occurred. Of course this assumes that the Mobile County Commission is concerned enough about wrongful convictions that they want monies tied to addressing this.  But even if they aren’t concerned about wrongful convictions, per se, certainly they are concerned about the costs related to keeping innocent people in prison. The members of the  Alabama Board of Pardons and Paroles stated on August 28th, 2013 at Rodney’s parole hearing that Rodney will remain with the State of Alabama as an inmate until he serves out his sentence in March 2017.  This means 20 years of incarceration for Rodney.  If it costs on average $13,000 to incarcerate a person in Alabama, it has already cost the taxpayers nearly $220,000 to incarcerate Rodney K. Stanberry (17 X 13,000). When he is released in 2017, the cost will exceed $250,000. If there are 5 wrongful convictions with 20 year sentences, that’s over a million dollars!  How many salaries for Assistant District Attorneys could this provide for?  This should be addressed. The taxpayers deserve to know that there is integrity in every conviction.

Again, I applaud District Attorney Ashley Rich for asking 5,000 constituents on her email listserv to contact the Mobile County Commissioners.  I ask that you do the same, with the caveat that a Conviction Integrity Unit should be established.  They can be reached via this link http://www.mobilecountyal.gov/government/govt_elected.html.  But I also ask that you contact District Attorney Ashley Rich to request that she allows for an independent third party to review Rodney’s case. She can be reached at (251) 574-5000, (251) 574-8400 or ashleyrich@mobileda.org.

Why District Attorney Ashley Rich Should Allow an Open, Independent Review of Rodney K. Stanberry’s case?

1)     Exculpatory evidence withheld- prosecutor travelled from Mobile to Rikers Island Prison in New York to visit the person the DA’s office claimed was the shooter.  He stated at Rodney’s Rule 32 post-conviction hearing, which took place a few years AFTER Rodney’s trial, that he was on vacation so no notes were taken. John Tyson, Jr. said in a letter to me that it was part of his investigation. Which is correct?  DA Rich could easily conduct an investigation into this, that is if she was serious about what she said during this interview during her campaign about the importance of not withholding exculpatory evidence. (Here is a link to her interview, also from the Uncle Henry Show: http://freerodneystanberry.com/blog/wp-content/uploads/2012/07/u7am0916AshleyRich.mp3 and a link for more information about exculpatory evidence and Rodney’s case: http://www.freerodneystanberry.com/the_confession-_testimonial_immunity_agreement)

 

2)     The Confession.  The person who confessed to being one of two people at the victim’s home exonerated Rodney. This confession was made in the offices of one of the most powerful and influential attorneys in Mobile, Alabama. This was his attorney and I’m sure this attorney would not have encouraged his client to confess in front of the prosecutor if what he said was not true. This remains amazing to me that prosecutor Buzz Jordan could get this confession suppressed. Here is a WKRG interview and here is the confession: http://www.youtube.com/watch?v=cEVURKsGoMI and http://www.freerodneystanberry.com/the_confession-_testimonial_immunity_agreement

3)     Law Enforcement was at the victim’s home, law enforcement was sent to gather evidence. Yet at the trial, there is no physical evidence. Why? The Alabama Department of Forensics was sent material, what happened to it by the time of the trial. A Conviction Integrity Unit would review this. http://www.freerodneystanberry.com/prichard_police_captain_frank_dees_and_sergeant_eddie_ragland

While District Attorney Ashley Rich is content with Rodney K. Stanberry remaining in prison for 20 years, the Mobile County Commissioners and the taxpayers of Mobile County should not be content with innocent people spending decades in prison. In the past three years, since Rich has been District Attorney, we have heard about the Toby Priest case and William Zieglar cases due to judicial rulings, two questionable convictions that happened before she became the District Attorney (http://freerodneystanberry.com/blog/2012/11/21/another-judge-grants-a-new-trial-in-mobile-alabama-a-reaction-to-the-lagniappe-article-on-william-zieglar/). DA Rich has been in that office for more than 16 years (14 as ADA under John Tyson, Jr. and 2 as the District Attorney).  It is very much within the realm of possibility that a handful of people are convicted innocents who remain in prison.  An innocent person here and there surely adds up when you are talking about the cost of incarceration and the integrity of the judicial system.

Mobile County Commissioners, please stand your ground on this. In your responses to the media and public, you have stated that you’ve provided the necessary funding. Additional funding going to the district attorney’s office should include a Conviction Integrity Unit.  I realize that on this your position is that you do not have jurisdiction over criminal matters relating to the DA’s office, but you obviously have jurisdiction over the funding and if it is costing taxpayers of Mobile hundreds of thousands of dollars to prosecute and keep innocent people in prison, then, again, that should be a concern for you. DA Rich said she wanted you all to work together to find a solution that will keep our prosecutors in the courtroom fighting criminals. She should be willing to work with you to use any additional monies given to hire prosecutors and staff to fight against injustice that leads to taxpayers dishing out lots of money to pay for the “mistakes” of prosecutors. As I’ve stated many times before, prosecutors are needed, there are truly a lot of really bad people in this world, but they should not be given a blank check to prosecute people who are likely innocent, and to spend their careers keeping those people in prison.  One can be law and order AND supportive of efforts to ensure that innocent people are not in prison. 99% of people prosecuted may be guilty, but what happens when the innocent are incarcerated? District Attorney Ashley Rich and the Mobile County Commission (and the Alabama State Legislative Body) should have a substantial response to this question.

Peace,

 

Artemesia Stanberry

Here is an investigative piece about Rodney’s case: http://www.bostonreview.net/us/who-shot-valerie-finley

*Here is a WKRG
TV
(Mobile, AL) segment shortly before his parole hearing, a WKRG
segment
after his parole hearing, and a Mobile
Press Register article before
and after
his parole hearing.
  Here is another piece published in the Boston Review
regardin his parole denial.  It is entitled Rehabilitation, Remose, and Innocence: Rodney Stanberry Tries for
Parole
. The struggle to vindicate and exonerate Rodney K. Stanberry will
continue.

 

 

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The Holiday Blues- Injustice Doesn’t Take a Holiday

http://www.wkrg.com/video?clipId=9248894&autostart=true

The Holiday Blues- Injustice Doesn’t Take a Holiday

December 23, 2013

This time of year is generally tough for me, for friends and family members of those wrongfully convicted, and, of course, for the prisoner who yearns for justice and freedom.  I’m speaking as an advocate for someone who remains in prison for crimes he did not commit. It is tough because at the end of the year, many are taking a break and/or are wrapping up work as the year concludes.  Understanding this reality means that one has to wait out the holiday season with the hope that someone will open up an email and respond when January rolls around.  For example, two years ago after reading a piece in Mother Jones by Beth Schwartzapfel entitled No County for Innocent Men about Timothy Cole, who died during his 13th year in prison for crimes he did not commit, I sent her an email praising her article and telling her about my cousin’s case, as is customary when I read about wrongful convictions.  She said she would call me after the holidays- in January to talk more about Rodney’s case.  Needless to say it was a long wait. It is not often that people respond when one reaches out to them, so when they do and state that they would like to talk more, it makes for a long wait while also wondering if the person would be interested when the stated date comes around. Fortunately, Beth was, and she would later write an extensive investigative article about my cousin’s case entitled Who Shot Valerie Finley .

Rodney K. Stanberry is on his 17th year in prison for crimes he did not commit.  Every Christmas he is incarcerated is a Christmas away from his family and friends.  Rodney came from a close-knit, two parent household.  He has missed every Christmas at home with his family since 1997.  His mother died on September 8th, 2012.  Not only was he unable to spend the Christmas season with her, he was unable to attend her funeral.  His parents had been married for as long as he has been alive- 44+ years. His father will be 80 years old in February. Rodney is spending another Christmas away from his now teen-aged son, a son who was a baby during Rodney’s first year of incarceration. You can imagine what his son would want for Christmas.

My first blog of this year (2013) was entitled A Relentless Pursuit of Justice and it included the following:

[Rodney has remained a strong father for his teenage son. Rodney and I have exchanged so many letters since his incarceration in 1997. At times, I review some of the letters. I recently found one that included what you see below. It is heartwrenching and heartbreaking but shows the love of a father towards his son and son towards father regardless of the situation both are in.

(August 2004 This begins on page 6) “Me and Tre (Rodney’s son, he was about 7 or 8 in 2004, 16 now) took a picture last month that I wanted to send you, wanted to! For some reason, I just can’t come off any pictures of my baby. Isn’t that natural though? My visit day is Sunday, but here’s what’s up. The Mitchell Center is putting on a hunting expo from 4pm to 8pm, so I plan to tell dad to cancel their trip up here, and take Tre there instead. He’ll love that! Darn (he used the other word), I gotta get out there to my baby, Art. Did I tell you what he said on the yard? I told him I love him more than most fathers who are out there with their sons. He said ‘I know dad, if you were out, we would be doing something right now.” That stuff (he used another word) made me feel so good, Art. Then he said something that hurt me and made me feel good at the same time….” ]

Another Christmas is upon us.

It is another year of Rodney K. Stanberry not being able to spend with his family as a free man.  This year is even more difficult because it is the year that the Alabama Board of Pardons and Paroles denied parole for Rodney. On Wednesday, August 28th, 2013, Rodney K. Stanberry was denied parole and he will not have another chance to appear before the parole board.  His scheduled release date is March 2017.  We truly believed that this would be the year that Rodney would be granted parole*. Here is an article by Beth Schwartzapfel regarding his parole denial. While Rodney is the one incarcerated and has been for 17 years, I feel a degree of hurt and pain, even though I am free. As we conclude this year with results that we didn’t hope for, I feel a different level of hurt and pain that comes with failing someone.  I’ve gone over so many times what I could have done differently, who else could I have and should I have contacted, and wondering why I had (and have) so much faith and trust in a system that continues to perpetuate this injustice.  I’ve said before that the feeling I’ve felt up to this point was like a heart ache, but now it is beyond that. Some days it takes every ounce of strength in me to not only continue to reach out to all who will listen, but to also be a stronger advocate when the New Year comes around.  I wrote in a blog entitled The Continued Struggle for Freedom following his parole hearing what we still can do moving forward. It is our intent to continue to rally you all for your continued support and to keep up the battle to free an innocent man.  Rodney is deserving of his freedom.

I try to think about Michael Morton, Greg Taylor, John Thompson, Darryl Hunt and so many others who spent year after year after year after year in prison as innocent people. They had a level of strength that few of us can imagine.  Rodney has that strength.  It is admirable. But each of the individuals I mentioned along with countless others depended (and depends) on people not forgetting them and not giving up on them.  The odds are so high when it comes to overturning a conviction, but they are even higher if we do nothing, if we remain silent, if we are resigned to just accepting what the system deals out.

So I hope you all will continue to pay attention to Rodney’s case and to share his case with others.  If you haven’t yet done so, please join the Free Rodney Stanberry Facebook page: https://www.facebook.com/groups/freerodneykstanberry/.  And for more information about Rodney’s case, please go to www.freerodneystanberry.com.

Thank you for your time during this holiday season. You are truly appreciated.

Peace,

Artemesia Stanberry

Artemesia Stanberry is an advocate for Rodney K. Stanberry, who remains in prison for crimes he did not commit. In March of 2014, he will complete 17 full years, with three more still to go unless the judicial system corrects itself.

*Here is a WKRG TV (Mobile, AL) segment shortly before his parole hearing, a WKRG segment after his parole hearing, and a Mobile Press Register article before and after his parole hearing.  Here is another piece published in the Boston Review regarding his parole denial.  It is entitled Rehabilitation, Remose, and Innocence: Rodney Stanberry Tries for Parole.

PS At any time during the year, you can contact Mobile District Attorney Ashley Rich to encourage her to reopen Rodney’s case. She can be reached at (251) 574-8400, (251) 574-5000, or via email at ashleyrich@mobileda.org. Her Chief Investigator, Mike Morgan, said in this article that there is no reason for Rodney to be granted a new trial and District Attorney Ashley Rich said this when asked by a reporter about her position on Rodney’s parole hearing: “We have always taken the position that we oppose his parole,” she said.”http://blog.al.com/live/2013/08/convicted_of_crime_he_insists.html

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