South Dakota urgently needs a new Habeas Corpus Law to address wrongful convictions
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South Dakota urgently needs a new Habeas Corpus Law to address wrongful convictions. Modern Science casts a serious doubt upon the soundness of convictions that are based on previously "valid" science. Senate Bill No.344 of 83rd Legislature when first implemented in Texas resulted in Art. 11.073, C.CR.P. (Criminal Procedure) and relates to the procedure and remedies available to prisoners who claim actual innocence and whom were sentenced based on "junk science". It is simply the right thing to do to address the many wrongful convictions of innocent men and women.
It is well known that certain forensic disciplines were developed "solely to solve crime".
What constitutes "junk science"? The term emerged in the late 1980s and and early 1990s and was popularized by Peter Huber in Galileo's revenge: Junk Science in the Courtroom. Huber describes junk science as "the mirror image of real science, which much of the same form but none of the same substance".
We all know the tremendous technological and scientific advancements of the last decades. Research papers or untested opinions that were once believed to have merit have long been outdated and some even laughed at for being downright ludicrous. In the free world this is not generally an issue. BUT what if you were sentenced to decades in prison on what an inexperienced doctor or scientist opined 20 years earlier and when the legal system allows no remedy to attack the "junk" your false conviction is based upon?
The Rouse et al case 1994 is just one example: Desmond Rouse, Jesse Rouse, Garfield Feather and Russell Hubbeling are four Native American Men whom have had their lives shattered for the past 23 years and their hopes, spirits and souls eviscerated. They have lost everything they love in life and have wrongfully spent the past decades of their lives imprisoned, for egregious offenses they are innocent of.
Racial or ethnic discrimination was throughout the case. There was no evidence. What was purported to be evidence by the prosecution was not reliable evidence but manipulated testimony, purchased testimony and even imaginative evidence.
Everything stated here is in certified transcripts. The first appellate panel (2-1) vacated the decision and remanded the case for a new trial. BUT the new trial never happened. The dissenter then wrote a new decision denying the new trial. Absolutely outrageous. A blight on our judicial system.
We would like to dedicate this petition to every Native American man and woman unjustly convicted with the helping hand of "junk science" and to this day still incarcerated. There are hundreds of cases, hundreds of names. If you want the name of your relative or loved one fighting for justice to be added to this petition please sign and comment his or her name in the comment section. Please write to the law makers and please encourage others to do the same. Thank you for your support!
With this petition in the name of humanity we ask to ensure fundamental fairness, and equal protection to be protected by South Dakota with the introduction of a law granting innocent prisoners relief on an application for a writ of habeas corpus.
Please SHARE and SIGN the petition. Please write or call South Dakotas law makers and ask them to write this new law. To pass a new law is not a process long and not difficult to do.
To pass a new law one simply needs to contact one of the State Legislators to see if they will carry a bill. Basically what this petition is intended to do or support in part. Once that is done then they will have the bill written by LRC (Legal Research Council) and it will go before hearing in committee. If it passes committee it will go to the house floor to be discussed there. If it gets through the House it will go to Senate and repeat the procedure. If passed in Senate it will go to the Governor to be signed into law. It sounds lengthy, but the whole process lasts anywhere from a few days to a few weeks. So it can be done.
Thank you from the heart in the name of the many innocent who have no voices.
Senator Kevin Killer
PO Box 322
Pine Ridge, SD 57770
Representative Shawn Bordeaux PO Box 283
444 Haystack Butte Rd.
Mission, SD 57555
Representative Elizabeth May
20261 BIA 2
Kyle, SD 57752
Today: Innocence Project of Texas & Freedom4Yankton4 is counting on you
Innocence Project of Texas & Freedom4Yankton4 needs your help with “In the 21st century Native Americans are still victims of court room genocide. South Dakota urgently needs a new Habeas Corpus Law to address injustices. Modern Science casts serious doubt upon the soundness of many old convictions in South Dakota.”. Join Innocence Project of Texas & Freedom4Yankton4 and 167 supporters today.