- www.texas-justice.com
Prosecution of Suspects in the Austin Yogurt Shop Murders:
Police and Prosecutorial Misconduct and Legalized Murder?
All we have ever asked is to be treated fairly and in accordance with the law.
What we have seen is prejudicial statements from officals, misrepresentations of the facts, outright lying by officials under oath, and threats and physical abuse by law enforcement officials and others to individuals involved in my son's case.
And this is a case that has garnered significant media coverage. What is happening to individuals that are not so "lucky" to have a case this visible?
I am trying to document examples of these situations at the following location:
http://www.texas-justice.com
- I would request that the following be reviewed:
- Statements from Roy and Charlene Rose
- The extracted reports from the L.A. Times
- The "Legalized Murder" section
I am not a lawyer, but everything I have read over the last several months, and I have read a lot (cases, Texas criminal code, supreme court decisions, news reports, books, etc). It all indicates that this case is now, and by definition, has always been "unprosecutable" in an ethical sense and shouldn't have be pursued in a legal sense.
There is not enough evidence to prosecute this case because these boys didn't commit this crime.
To prosecute this case REQUIRES the manufacturing of evidence and false and misleading testimony. There is just no other way to "convict" these boys.
It has yet to be determined whether there can be any civil penalties imposed against the "immunity" of those working from inside the "system".
It saddens me to know that some of the media has decided that covering this story from the suspects' perspective is no longer acceptable. I don't know whether this is due to financial or political reasons; but it doesn't say much about the "watchdog" press.
This situation is particularly difficult for me because of Texas' propensity for wanting to kill the convicted. The Texas legislature has set the appeals process to expedite executions of those convicted regardless of malfeasence, extenuating circumstances or new evidence.
Texas, the Supreme Court, and Gov. George W. Bush have allowed at least two to be executed when they KNEW that circumstances should have stayed the executions, if not generated an outright release.
Legal or not, is this not murder?
These two examples are: Leonel Herrera who was executed in 1993 despite eyewitnesses and a confession from someone else and Jesse DeWayne Jacobs was executed in 1995 for a murder that the prosecutor knew was committed by his sister (who got 10 years).
I have not begun to discuss those that escaped execution after 7-20 years on death row due to intentional misconduct by police and/or prosecutors.
I find personally disgusting police and prosecutors who not only condone; but, apparently, encourage abuse of power and violation of rights in their attempt to "look good" in dealing with crime.
I find personally disgusting legislatures that feel killing people is more important than justice and basic human values.
I find personally disgusting any courts that allow "state's rights" or any law to take a man's life, when the circumstances virtually SCREAM that the execution is in violation of basic constitutional guarantees.
I find personally disgusting governors who flaunt their "compassion"; but refuse to intervene when innocents are sent to their deaths.
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Like most people, I believed that when the "system" works like it's supposed to, justice prevails for the most part. I expected that some innocents would get "nailed" due to perjured testimony, lack of alibi, or through a non-prejudicial interpretation of evidence.
What I see, both in my son's case and historically, is a systematic destruction of the process through pride, political pressure, personal gain, incompetance, and apathy; not to mention the legal "mumbo jumbo" used to up the statistics that crime is being addressed.
If this is the "system" that the American public wants, then the safeguards of "...life, liberty, and the pursuit of happiness" no longer hold any meaning and we are allowing a police state to determine what and who is acceptable.
Robert Springsteen
12/05/1999
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Comment from an experienced trial lawyer:
No one who is objective and has any experience with the American political/legal system (not just Austin or Texas) can take issue with most of your comments. I do not expect that they will be heard over the sound of cash registers playing "Jingle Bells", though.