# Executed man found innocent. Just wonderful. **URL:** \ **Category:** The BBQ Pit\ **Created:** [November 22, 2005, 8:04pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310 "2005-11-22T20:04:02Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![KidCharlemagne](https://avatars.discourse-cdn.com/v4/letter/k/ed8c4c/32.png) [@KidCharlemagne](https://boards.straightdope.com/u/KidCharlemagne)\ **Post date:** [November 22, 2005, 8:04pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/1 "2005-11-22T20:04:02Z")
I am so sickened by this. This is why I’ve always been against the fucking death penalty. The hairs on my neck are standing on end. The witness recants. Motherfucker I hope he’s tried for murder. [http://www.washingtonpost.com/wp-dyn/content/article/2005/11/21/AR2005112101384.html](http://www.washingtonpost.com/wp-dyn/content/article/2005/11/21/AR2005112101384.html) ---
**Author:** ![UrbanChic](https://avatars.discourse-cdn.com/v4/letter/u/9dc877/32.png) [@UrbanChic](https://boards.straightdope.com/u/UrbanChic)\ **Post date:** [November 22, 2005, 8:11pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/2 "2005-11-22T20:11:18Z")
I’m pro-death penalty, but this really made me shiver: > [@](#): > > Sam D. Millsap Jr., the district attorney who handled the case, said he never should have sought the death penalty in a case based on testimony from a witness who identified a suspect only after police showed him a photo three times. Is there more information about this case online somewhere? I’d like to get some more details. ---
**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\ **Post date:** [November 22, 2005, 8:12pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/3 "2005-11-22T20:12:14Z")
:eek: ---
**Author:** ![drm](https://avatars.discourse-cdn.com/v4/letter/d/a88e57/32.png) [@drm](https://boards.straightdope.com/u/drm)\ **Post date:** [November 22, 2005, 8:14pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/4 "2005-11-22T20:14:20Z")
I hope law enforcement, the state of texas, and the witness are proud of themselves. I abhor the death penalty. I’m sure it will be defended at some point in the thread though… ---
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [November 22, 2005, 8:15pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/5 "2005-11-22T20:15:11Z")
This is the one and only reason I’m against the death penalty. You can free a man imprisoned for life if he turns out to be innocent. Good luck bringing this guy back to life. ---
**Author:** ![Man\_With\_a\_Cat](https://avatars.discourse-cdn.com/v4/letter/m/cab0a1/32.png) [@Man\_With\_a\_Cat](https://boards.straightdope.com/u/Man_With_a_Cat)\ **Post date:** [November 22, 2005, 8:19pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/6 "2005-11-22T20:19:05Z")
There are a lot of social issues I’m perfectly willing to see two sides on - most of them in fact, but I am solidly in the anit-death penalty camp here. I’m not going to start the argument, I’m perfectly comnfortable with my reasons and I’ve heard all the arguments favoring it. Fuck Texas and their execution happy courts. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 22, 2005, 8:22pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/7 "2005-11-22T20:22:26Z")
Well, well. In the past, there have people on this board that staunchly insisted the death penalty has NEVER been applied against an innocent man, and that it never would. Sadly, this is likely not the first time an innocent man has been executed, and it’s likely not going to be the last. The death penalty is barbaric. It’s inhumane. It’s ugly. And if those aren’t enough reasons to stop: it’s unreliable. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [November 22, 2005, 8:24pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/8 "2005-11-22T20:24:32Z")
> [@Mr Bus Guy](#): > > Fuck Texas and their execution happy courts. Not just the courts – it’s the police, the prosecutors and the politicians who keep the system going. Presumably in answer to popular demands to “do something about crime”, i.e., get somebody convicted regardless of the quality of evidence against them. It seems to me that at least the witness needs to be prosecuted for perjury, and if indeed the police did over-pressure the testimony, there needs to be some penalty for their contribution to a wrongful death. ---
**Author:** ![KidCharlemagne](https://avatars.discourse-cdn.com/v4/letter/k/ed8c4c/32.png) [@KidCharlemagne](https://boards.straightdope.com/u/KidCharlemagne)\ **Post date:** [November 22, 2005, 8:25pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/9 "2005-11-22T20:25:31Z")
> [@Revtim](#): > > This is the one and only reason I’m against the death penalty. You can free a man imprisoned for life if he turns out to be innocent. Good luck bringing this guy back to life. Mine too. It was just a matter of time before this came out. That cowardly little fuck witness should be executed. I can’t remember the exact figure, but a survey done of jurors once revealed that reasonable doubt basically equated to a low-mid 70% degree of certainty. That basically means they’re willing to send 1 innocent out of every 4 tried to their death. ---
**Author:** ![elmwood](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmwood/32/3060_2.png) [@elmwood](https://boards.straightdope.com/u/elmwood)\ **Post date:** [November 22, 2005, 8:27pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/10 "2005-11-22T20:27:28Z")
It’s Texas. You think that’s going to stop them? “Y’all gpnna’ make a few mistakes, but y’all ain’t seei’ the big picture! Texas justice! Yee-haw!” ---
**Author:** ![Duke\_of\_Rat](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Duke\_of\_Rat](https://boards.straightdope.com/u/Duke_of_Rat)\ **Post date:** [November 22, 2005, 8:29pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/11 "2005-11-22T20:29:04Z")
> [@UrbanChic](#): > > I’m pro-death penalty, but this really made me shiver:Is there more information about this case online somewhere? I’d like to get some more details. A little more [Here](http://www.chron.com/disp/story.mpl/front/3474407.html). Not sure how long the link will stay active. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 22, 2005, 8:33pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/12 "2005-11-22T20:33:26Z")
> [@Giles](#): > > Not just the courts – it’s the police, the prosecutors and the politicians who keep the system going. Presumably in answer to popular demands to “do something about crime”, i.e., get somebody convicted regardless of the quality of evidence against them. > > It seems to me that at least the witness needs to be prosecuted for perjury, and if indeed the police did over-pressure the testimony, there needs to be some penalty for their contribution to a wrongful death. How? The statute of limitations on the perjury and any crimes the police may have committed will have long since run. How can the government possibly ignore that and prosecute them? ---
**Author:** ![guizot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guizot/32/3636_2.png) [@guizot](https://boards.straightdope.com/u/guizot)\ **Post date:** [November 22, 2005, 8:34pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/13 "2005-11-22T20:34:27Z")
> [@Revtim](#): > > You can free a man imprisoned for life if he turns out to be innocent. It makes me wonder how often people who are just in prsion (not on death row) get exonerated. There was one guy in California recently who was released after 19 years–it was apparently simply an act of an overzealous prosecuter. The state has no automatic requirement to provide any restitutions. It’s just, “Sorry pal, we made a mistake.” Of course, he can bring a civil suit, but that is of course expensive and long drawn-out. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [November 22, 2005, 8:38pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/14 "2005-11-22T20:38:47Z")
> [@Bricker](#): > > How? > > The statute of limitations on the perjury and any crimes the police may have committed will have long since run. > > How can the government possibly ignore that and prosecute them? Yes, that’s probably right. However, just as there’s no statute of limitations for murder, there should be none for causing wrongful death using the legal system (which seems to me to be worse, because more premeditated and cold-blooded). ---
**Author:** ![Homebrew](https://avatars.discourse-cdn.com/v4/letter/h/c89c15/32.png) [@Homebrew](https://boards.straightdope.com/u/Homebrew)\ **Post date:** [November 22, 2005, 8:39pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/15 "2005-11-22T20:39:24Z")
There is no statue of limitations on murder. The witness, however, was probably under duress and in my mind is probably less to blame than the prosecutor and the police. ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [November 22, 2005, 8:40pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/16 "2005-11-22T20:40:22Z")
> [@Bricker](#): > > In the past, there have people on this board that staunchly insisted the death penalty has NEVER been applied against an innocent man, and that it never would. Seriously? Do you have a link? Not that I don’t believe you, it’s just that I’ve got to see something like that with my own eyes. ---
**Author:** ![magellan01](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@magellan01](https://boards.straightdope.com/u/magellan01)\ **Post date:** [November 22, 2005, 8:41pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/17 "2005-11-22T20:41:06Z")
> [@Bricker](#): > > How? > > The statute of limitations on the perjury and any crimes the police may have committed will have long since run. > > How can the government possibly ignore that and prosecute them? Is there any way to prosecute the witness for allowing the execution to happen when he had information that it should not? Would that get around the statute of limitations, as his crime accured the moment he allowed the man to be killed? I’m obviously not a lawyer, but any merit in the idea? ---
**Author:** ![tdn](https://avatars.discourse-cdn.com/v4/letter/t/94ad74/32.png) [@tdn](https://boards.straightdope.com/u/tdn)\ **Post date:** [November 22, 2005, 8:41pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/18 "2005-11-22T20:41:26Z")
> [@Bricker](#): > > Well, well. > > In the past, there have people on this board that staunchly insisted the death penalty has NEVER been applied against an innocent man, and that it never would. Really? Who? Now, I know a certain former governor of a certain Lone Star State who still makes that claim, but I have little recollection of anyone on this board doing so. Not calling you a liar, I just honestly can’t remember anyone saying that. ---
**Author:** ![Homebrew](https://avatars.discourse-cdn.com/v4/letter/h/c89c15/32.png) [@Homebrew](https://boards.straightdope.com/u/Homebrew)\ **Post date:** [November 22, 2005, 8:43pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/19 "2005-11-22T20:43:32Z")
The statue of limitations on a wrongful death doesn’t start ticking until the causual link is discovered, or should have been discovered. In this case that discovery would be the recantation of the witness. ---
**Author:** ![Argent\_Towers](https://avatars.discourse-cdn.com/v4/letter/a/e8c25b/32.png) [@Argent\_Towers](https://boards.straightdope.com/u/Argent_Towers)\ **Post date:** [November 22, 2005, 8:43pm UTC](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310/20 "2005-11-22T20:43:35Z")
I’m pro-capital punishment but against the death penalty. I believe that instead of death, the penalty should be torture. That way, it’s a very effective deterrent, plus, if the victim is found to be innocent, he will still be alive (and will recieve a massive, multi-million dollar compensation.) [Next page](https://boards.straightdope.com/t/executed-man-found-innocent-just-wonderful/332310.md?page=2)