On your "Innocents Behind Bars" (Nov. 16), you might mention that a noticeable number of such cases (though quite apparently not the one you linked) are cases where a new trial is granted based on a technicality, but the original witnesses are dead or can't be found, etc, and so the charges are dropped. This is especially true of death row "innocents" -- several have sued the state for damages, but they have been thrown out. As one judge said (paraphrase) -- "Inability to re-prosecute you now doesn't mean you didn't do it." Or something like that.-- David Allen, Amarillo, Tex.
Posted by Walter Olson at December 20, 2004 11:25 AM