OT 23 years for Murder. He Didn't Do it. What Went Wrong? NYT

Discussion in 'Blazers OT Forum' started by Further, Nov 20, 2017.

  1. Further

    Further Guy

    Joined:
    Sep 20, 2008
    Messages:
    11,098
    Likes Received:
    4,037
    Trophy Points:
    113
    Occupation:
    Stuff doer
    Location:
    Place
    https://www.nytimes.com/interactive...o-spot-region&region=top-news&WT.nav=top-news


    23 Years for Murder. He Didn’t
    Do it. What Went Wrong?

    By RICK TULSKY, SHAILA DEWAN and ANDREW ROSSBACK NOV. 20, 2017



    Two men in a Cadillac were shot dead in broad daylight in Kansas City, Kan., on April 15, 1994.

    Court documents and sworn affidavits show how an innocent 17-year-old, Lamonte McIntyre, was convicted for the double murder and sentenced to life. A lot went wrong.

    1 Detective Protocol
    NORMALLY

    Solving a case requires an open mind. Police detectives identify suspects based on interviews and other evidence.

    [​IMG]
    Rosie McIntyre, Lamonte’s mother.
    WHAT HAPPENED
    The detective may have had a revenge motive.Years before the murders, Lamonte’s mother says, the detective, Roger Golubski, forced her to submit to oral sex, threatening to arrest her boyfriend if she refused. Afterward, she rebuffed his advances, finally moving and changing her number.

    2 Detective Protocol, Part 2
    NORMALLY

    Detectives keep their distance from sources. They are supposed to be unbiased and to avoid working cases to which they have personal ties.

    [​IMG]
    Roger Golubski, a former Kansas City, Kan. police detective.
    WHAT HAPPENED
    Eight women, some of whom were witnesses or informants, have come forward to say that the detective extorted sexual favors. Some said he would threaten to arrest them if they refused sex. In the double homicide, he had an ongoing relationship with a key eyewitness, but did not question her about the case. Last week, the district attorney asked the Kansas Bureau of Investigation to examine the role Golubski, now retired, played in Lamonte’s conviction.

    3 The Lineup
    NORMALLY

    Don’t put close relatives in a photo lineup.Witnesses are sometimes shown a set of photographs, including one of the suspect. All the subjects should fit the suspect’s description, but not be so alike that it could lead to a false identification.

    [​IMG]
    Durk Dean Hallaby

    Raymond Hickman

    Lamonte McIntyre

    The accused

    Terrence Terrell Brown

    Lamonte’s cousin

    James McIntyre

    Lamonte’s brother

    WHAT HAPPENED
    The lineup was stacked. A witness said she had recognized the gunman as a man named Lamonte who had dated her niece. The police file says she was then shown photos of “different Lamontes.” But the five-person lineup included only one, Lamonte McIntyre, who was not the niece’s ex. It also included Lamonte’s brother and cousin, increasing the chances that a member of the McIntyre family would be picked.

    ADVERTISEMENT

    4 The Crime Scene
    NORMALLY

    There’s no such thing as too much evidence.Investigators seize as much as they can that could connect the suspect to the crime. Finding the murder weapon is a top priority.

    [​IMG]
    The Cadillac Deville where two men were murdered in 1994.
    WHAT HAPPENED
    Police did not collect or analyze key evidence. The police gathered shell casings, but did not dust them for fingerprints. They took samples of broken glass and blood from the crime scene but did not collect, much less test, Lamonte’s clothing or shoes, a likely source of trace evidence for comparison. They did not search his house. The gun was never found.

    5 A Prior Relationship
    NORMALLY

    Judges avoid even the appearance of impropriety.They have enormous power to sway the proceedings, and are supposed to be impartial and fair.

    WHAT HAPPENED
    The judge and prosecutor had a previous love affair. They did not disclose their prior relationship to the defense. The prosecutor, Terra Morehead, is now an assistant U.S. attorney. The judge, J. Dexter Burdette, is still on the bench.

    6 Witness Statements
    NORMALLY

    Witnesses are expected to tell the truth. They are not threatened or coerced into lying.

    WHAT HAPPENED
    A witness recanted. Two witnesses identified Lamonte at trial. One has said for decades that when she saw Lamonte in the courtroom, she reported that he was the wrong man. But the prosecutor, she says, threatened to have her jailed and her children taken away if she did not testify. The second witness, who had identified Lamonte in the photo lineup, contradicted her earlier statements on the stand.

    7 The Defense
    NORMALLY

    Lawyers act in their clients’ best interest. Poor defendants in criminal cases are not entitled to a great court-appointed lawyer, but they are entitled to an “effective” one. The standard is subjective, but generally it means the lawyer covers basics like interviewing key witnesses.

    WHAT HAPPENED
    Two of Lamonte’s lawyers were later disbarred.During the trial, Lamonte’s first lawyer, Gary W. Long II, was on probation in state court and had been suspended in federal court. He never interviewed a crucial witness who later said she could identify the real killer. A few years later, Long was disbarred for incompetence, though he has since regained his license. After the trial, Lamonte was given a second lawyer, Mark J. Sachse, to contest his conviction. Sachse never met Lamonte and called no witnesses. After numerous complaints from clients, he was also disbarred.

    [​IMG]
    Lamonte before his release from prison.
    Eight years ago, a lawyer named Cheryl Pilate joined forces with Centurion Ministries, a group devoted to clearing the innocent, to investigate Lamonte’s case. Last month, his conviction in Kansas court was overturned and he was released. The real culprit may have gone on to kill again: Pilate says the evidence points to a man who is now in prison for a later homicide.

    In 32 states, the government compensates innocent people for the time they spent in prison. Kansas is not one of them.
     
  2. Further

    Further Guy

    Joined:
    Sep 20, 2008
    Messages:
    11,098
    Likes Received:
    4,037
    Trophy Points:
    113
    Occupation:
    Stuff doer
    Location:
    Place
    This is one of the biggest issues with the Death Penalty. If Lamonte had received the death penalty then 23 years would have seemed like a wonderful alternative.

    Sounds to me like the Detective should be sent to jail. And the Judge and DA should lose their careers. The lawyers were already disbarred for other malfeasance. I hope all their names are dragged through the mud and shame befalls every last one of them.
     
    bodyman5000 and 1 likes this.
  3. dviss1

    dviss1 Emcee Referee

    Joined:
    Aug 10, 2011
    Messages:
    29,346
    Likes Received:
    27,156
    Trophy Points:
    113
    This happens far too often.
     
    bodyman5000 and 1 likes this.
  4. Further

    Further Guy

    Joined:
    Sep 20, 2008
    Messages:
    11,098
    Likes Received:
    4,037
    Trophy Points:
    113
    Occupation:
    Stuff doer
    Location:
    Place
    I should have named the thread 99% of detectives are good?
     
    dviss1 likes this.
  5. MARIS61

    MARIS61 Real American

    Joined:
    Sep 12, 2008
    Messages:
    28,007
    Likes Received:
    5,012
    Trophy Points:
    113
    Occupation:
    retired Yankee
    Location:
    Beautiful Central Oregon
    The article headline goes too far in claiming he didn’t do it. No such verdict was proven.
     
  6. bodyman5000 and 1

    bodyman5000 and 1 Lions, Tigers, Me, Bears

    Joined:
    Sep 29, 2013
    Messages:
    19,584
    Likes Received:
    13,219
    Trophy Points:
    113
    Location:
    Las Vegas
    Brutal. If I did something that deserves prison I'd happily serve my sentence as long as I was treated as I feel prisoners should be treated.

    If I DIDN'T do what I was in prison for they'd have to treat me like Hannibal Lecter. I'd go insane on anyone, guaranteed.
     
  7. MARIS61

    MARIS61 Real American

    Joined:
    Sep 12, 2008
    Messages:
    28,007
    Likes Received:
    5,012
    Trophy Points:
    113
    Occupation:
    retired Yankee
    Location:
    Beautiful Central Oregon

Share This Page