...the defendant is WHITE! In this case the defendant has DNA evidence that proved his innocence, yet the racist Sotomayor denied his appeal. Let's get this straight. Unrefutable and highly dependable DNA evidence and Sotomayor decided to deny an appeal! I wonder what would have happened if the defendant wasn't white or better yet was a Latino? I have no doubt an appeal would have been ordered and the defendant would have been released from prison much sooner!
How can even the liberals support such a blantant racists?
Sotomayor Achilles' heel? Wrongly imprisoned man
How can even the liberals support such a blantant racists?
Sotomayor Achilles' heel? Wrongly imprisoned man
The fact that DNA on the victim didn't match him was explained away by prosecutors who claimed the victim could have had consensual sex before she was killed.
His sentence was 15 years to life in prison. Eventually he ran out of state court appeals procedures, and then was given until April 24, 1997, to demand habeas corpus.
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According to reports, his lawyer asked a court clerk about the deadline and was told it had to be mailed by that date. Wrong. The court rules required delivery by that date.
When the paperwork arrived late it was dismissed. Eventually Sotomayor and other appellate judge found that such a mistake didn't "rise to the level of an extraordinary circumstance" and dismissed it.
"The district court correctly dismissed Deskovic's petition as untimely," the appeals court decision from Sotomayor concluded. A subsequent appeal was dismissed with the terse: "It is ordered that said petition for rehearing is denied."
Deskovic, knowing his own innocence, was appalled and kept battling.
Ultimately, he was linked to the Innocence Project, and was able to establish his innocence through the discovery of the real murderer, who subsequently confessed.
"Through a twist of fate in 2005," Deskovic writes on his website, a letter I had written was delivered to anti-death penalty activist and amateur investigator, Claudia Whitman. She suggested that I re-contact the Innocence Project and she urged them to take my case. Six months later, they took my case and obtained permission from the new district attorney to take the crime scene DNA and compare it to the state DNA database. The previous district attorney had refused prior requests to run further DNA tests. As of a result of comparing the DNA to the state data base, the actual perpetrator (Stephen Cunningham) was located."