| Floridians should be grateful that Jerry
Frank Townsend was not executed by their state government. Instead he
spent 22 years in prison on six life sentences for rape-murders that he
did not commit.
DNA testing cleared Mr. Townsend of several of the cases against him
while reexamination of others cast doubt. Mr. Smith died on Death Row of
cancer, his innocence later proven by a DNA test made at his family's
behest. The DNA in these cases most probably belongs to Eddie Lee Mosley,
held as incompetent to stand trial on other rape-murders.
Mr. Townsend grew up in Broward with two strikes against him -- poverty
and a low IQ. What is horrifying is that he confessed to several of the
crimes. Why? Because he was fed the facts and spat them back. The tapes of
his confessions are replete with stops and starts and leading questions.
Even so, some of what he said didn't jibe with evidence.
Indeed, that is Lesson One. Confessions (and confessions to jailhouse
snitches) should be treated with great care. For 35 years, police have
complained of coddling criminals because of court-dictated Miranda
warnings about rights to be silent or to have an attorney present. But
police techniques of intimidation and persuasion have become more subtle
than rubber hoses.
Alaska and Minnesota require complete taping of confessions, which
offers benefits to prosecution as well as defense. While police say that
sometimes confessions are spontaneous, there was no excuse for not taping
all of the interrogation of Mr. Townsend.
Lesson Two: Beware of eye witnesses. This lesson comes primarily from
the Smith case. He was charged with a rape murder in the same period that
Mr. Townsend was accused. Police had a description of a suspect that
didn't fit him, but then the witnesses -- one of whom tried to recant --
pointed to him.
Lesson Three: Police officers should be encouraged to question,
question, question even years after after a crime. Some Fort Lauderdale
detectives doubted whether Mr. Townsend was guilty of one of the murders;
in 1998 John Curcio pushed for DNA testing on evidence left on the
victim's shorts. The test was made two years later, and the other cases
began to unravel.
How often does an innocent person get convicted? Twenty Florida inmates
have been exonerated from death sentences after their cases were
reexamined. DNA has cleared more than 90 prisoners held for a variety of
offenses nationwide. While these are a fraction of America's inmates
(Florida prisons hold 73,000), only a few old cases are ever reexamined
and fewer have evidence with DNA.
Although justice is an honorable ideal, America's criminal courts and
police agencies too often act as factories churning out a product. If they
are not forced to study their failures, there will be more innocents
behind bars |