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Amanda Knox

Amanda Knox

When we look back over the topics we’ve covered in the past year, the ongoing murder trials in Italy of Amanda Knox and Raffaele Sollecito take the prize for the greatest number of posts. And there is a good reason for that: No other case has provided such a glaring example of what can go wrong with a prosecution, and the horrifying repercussions when it does.

We have reviewed and detailed the seemingly endless mistakes and miscarriages of justice promulgated by the investigators, prosecutors and judges: police assumption of the killer(s) and type of crime before any evidence had been collected; Amanda’s coerced “confession;” nonsensical and changing theories of the case; unprofessional evidence collection; flagrant misinterpretation of the crime scene; complete lack of DNA and other evidence of Amanda and Raffaele’s presence coupled with overwhelming evidence of the actual killer’s; false statements to the media; the so-called murder weapon not fitting the wounds on Meredith Kercher’s body, and on and on and on.

And now one more has surfaced. There are several ways to state it, but essentially, Amanda has been denied the right to mourn.

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Michael Morton & Mark Norwood

Michael Morton & Mark Norwood

About two weeks ago, we described the historic conviction of Texas Judge Ken Anderson for criminal contempt for deliberately withholding exculpatory evidence in the murder conviction of Michael Morton when Anderson was a prosecutor. In light of the historic report by the International Association of Chiefs of Police, National Summit on Wrongful Convictions: Building a Systemic Approach to Prevent Wrongful Convictions, that we wrote about yesterday, we think it’s important to present the other side of the story:

The wrongfully convicted second victim’s story.

We say, “second victim” because any time there is a wrongful conviction, the number of victims grows quickly and exponentially.

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Judge Mike Heavey

Judge Mike Heavey

When we were researching, investigating and writing up the cases in Law & Disorder, it was quite an eye-opener to realize how many criminal convictions are flawed by bad evidence, bad science, bad publicity, bad lawyering and bad judging. We know, of course, that no system of justice is perfect, but the number of cases we came across – while still small in terms of percentages – was nonetheless alarming – far more than we could possibly write about.

In Seattle, retired Judge Mike Heavey feels the same way.

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Meredith Kercher December 28, 1985 - November 1, 2007

Meredith Kercher
12/28/1985 – 11/1/2007

Today marks the sixth anniversary of the brutal murder of Meredith Susanna Cara Kercher at the age of 21 in the city of Perugia, Italy. Ironically, her death occurred on a national holiday known as the Day of the Dead.

For the past several years, John Douglas and I have been investigating her murder, and since we concluded definitively that Amanda Knox and her boyfriend Raffaele Sollecito were innocent of the crime, we have been writing and speaking out in their defense. Just yesterday, John addressed a press briefing on Capitol Hill, along with Judge Mike Heavey of Seattle and former FBI Special Agent Steve Moore. The day before, I addressed undergraduate and graduate students in the Criminology Department of George Mason University in Virginia.

But as John says, “No matter who hires me or asks me to look at a case, I’m always working for the victim.” In this case, no one hired us, but we take John’s pledge very seriously.

And today is a day to remember Meredith.

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Steven Hayes

Steven Hayes

“I just started to lose it.”

“I just snapped.”

“I wasn’t thinking right; I don’t know what I was thinking. It was so unlike me. I’d never done anything like that.”

Are these the words of someone who threw a sucker punch in a bar . . . cut off another driver in high-speed traffic . . . a man horrified that he slapped his wife in the heat of a domestic argument . . . or maybe an honor student who inexplicably froze when he opened the first page of his SAT booklet?

No, these are the words of 50-year-old Steven Hayes who, along with his partner in crime Joshua Komisarjevsky, 33, in 2007 broke into the Cheshire, Connecticut home of Dr. William Petit, his wife Jennifer Hawke-Petit and their daughters Hayley and Michaela. William, the only survivor, was beaten nearly to death with a baseball bat. Jennifer and Michaela were raped, Jennifer was strangled to death and the two girls were tied to their beds just before the house was set on fire.

Really, though, it was all some big misunderstanding. “To this day I don’t know why it happened. I just wanted money. That’s all I was looking for.”

Maybe we can shed some light on that for you, Mr. Hayes.

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