Why innocence shouldn't be in the hands of politicians
I'm sure it was a nightmare, and the source of more than a few sleepless nights. The lawyer's client admitted a murder - a murder someone else had been convicted of, and was serving time. For obvious reasons, the client didn't want that admission disclosed - the lawyer - Thomas O'Toole -had no choice but to maintain his client's confidence. He did that until the client was killed in prison. He was then free to tell what he knew.
Fortunately it wasn't too late. William Macumber had been charged with the murders - based on estranged wife's testimony that he confessed. Even though there was almost no supporting evidence, the case went to trial.
What happened next is a textbook example of how innocent people get convicted. Mr. O'Toole offered to testify at Macumber's trial, as did another lawyer and psychiatrist who also had been told the same thing. Even though the physical evidence was lacking, the judge refused to allow it as unreliable! So without evidence that another person confessed to the murder, the jury did what you would expect - they convicted Macumber and sentenced him to prison - where he has remained for the past 35 years.
In 2003 the Arizona innocence project entered the case, and eventually made a presentation to the Arizona Board of Executive Clemency.They unanimously recommended that Macumber be released from prison "to correct a miscarriage of justice". So far so good - all the cards to be lined up.
There was one last hurdle though - the governor, Jan Brewer. She denied the recommendation, and announced for re-election the next day. If anyone thinks the decision was based on anything other than political considerations, I have some swamp land you might be interested.
This is Arizona, so you have to expect certain things - especially when it concerns criminal justice. What happened here though could happen anywhere. There is a huge problem with leaving innocence decisions to politicians. They will never make a decision that doesn't align with their own interests. Unfortunately, most voters don't get upset denials - they get upset when inmates are freed - even though they know nothing about the case. When it comes down to a choice between doing the morally correct decision, and the political decision, you know where they are going to come down.
As you would guess, I don't have much respect for the moral compasses of most politicians. Some have been in politics in so long, I'm not even sure they know what is right or wrong anymore. They simply know what is politically best. Many know doubt believe the excuses and explanations they advance for such decisions. In the end, Mr. Macumber gets to remain in prison so gov. Brewer can get re-elected. And he can't even vote against her.
There has to be a better way.
