Exoneration of the Day - Innocent Couple Framed for Assault on Police Officers
and Obstruction of Justice
Our justice system relies on police officers to gather the evidence necessary
to convict criminals of breaking the law; it relies on prosecutors to
piece that evidence together to prove guilt, judges to facilitate fair
process, and criminal defense attorneys to protect a defendant’s
rights from illegal intrusion. When charged with a crime, we cannot control
which police officers investigate, which prosecutor files the charges,
or which judge presides over the trial. We can, however, control which
defense attorney defends our freedom.
Three Kansas police officers responding to a 911 call showed up at the
home of a young couple on a September evening in 2014. The couple informed
the officers that their presence was not necessary because there was no
emergency in their home. Within a few minutes, the woman found herself
under arrest. She was subsequently charged with disobeying a police order
and obstructing justice. At a bench trial (which means there is no jury,
just a judge), the officers testified that her male co-tenant had assaulted
them and the couple became combative during the encounter. Her criminal
defense attorney
really dropped the ball by failing to obtain and review the video captured by
a body cam worn by one of the officers. The judge returned a verdict of
guilty on both charges based on the officers’ testimony. However,
the day after trial, the prosecutor watched the body cam video for the
first time and saw that the officers lied; the video showed that the male
co-tenant had not assaulted the officers and that the couple had not been
combative toward the police. The prosecutor then filed a motion to vacate
and dismiss all charges based on this newly discovered evidence. The motion
was granted before she was even sentenced thanks to the timely actions
of an exemplary prosecutor.
This woman was exceedingly lucky to have been saved by a conscientious
prosecutor. If you ever face criminal charges, remember to control what
you can control and make sure your defense attorney protects your freedom
with more than just luck.
https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4704