Wednesday, August 24, 2011

DEREK TICE: (THE NORFOLK FOUR); WASHINGTON POST SAYS IT WOULD BE "THE HEIGHT OF INJUSTICE" NOT TO CLEAR THE OTHER THREE MEN;


"Mr. Tice got a huge break in the spring when a federal appeals court in Virginia threw out his conviction based on his trial lawyers’ failure to seek suppression of his confession. On Aug. 4, Virginia prosecutors announced that they would not lodge new charges. “It still feels like a dream,” Mr. Tice told the Virginian-Pilot. “It’s a victory for me, but there’s still three other guys.”

The others are Danial Williams, Joseph Dick Jr. and Eric Wilson, and their records, too, should be cleared. The Virginia Supreme Court is scheduled to take up their cases Aug. 31, but the three men have run into obstacles that Mr. Tice did not face because of Virginia deadlines governing criminal appeals........."


EDITORIAL: THE WASHINGTON POST;

---------------------------------------------------------------------------------

BACKGROUND: FORONTLINE; "(Derek) Tice's complicated road to exoneration was profiled in our November 2010 film The Confessions, which investigated the problematic way Tice's case -- and the cases of three other men, a group known as the "Norfolk Four" -- were handled by Virginia's justice system. All four Navy men underwent long interrogations before breaking under pressure, admitting they took part in Moore-Bosko's violent death. It wasn't until 1999, after the Norfolk Four were incarcerated, that another inmate named Omar Ballard confessed that he committed the crime alone. Ballard's DNA matched evidence found at the scene of Moore-Bosko's death, while no physical evidence could connect the Norfolk Four to the crime. "It's a victory for me, but there's still three other guys," Tice said upon hearing the news. (He was officially freed early in August 2011 after two felony charges were dropped against him) The guys, Joe Dick Jr., Eric Wilson and Danial Williams, have all filed appeals to the Virginia Supreme Court after a lower court dismissed earlier petitions in March."

---------------------------------------------------------------------------------

"DEREK TICE has been out of prison for two years, but it was not until last week that he was truly a free man,"
the Washington Post editorial published on August 12, 2011 under the heading, "Finally, justice for one of the ‘Norfolk Four’," begins.

"Mr. Tice is one of the “Norfolk 4,” a clutch of sailors accused of the 1997 rape and murder of Michelle Moore-Bosko. From the beginning, the evidence — or more accurately, the lack of it — pointed to their innocence," the story continues.

"Although they were accused of brutally gang-raping and stabbing Ms. Moore-Bosko, none of the sailors’ DNA was found at the scene or on the victim. After denying involvement, all four confessed after lengthy and questionable interrogation sessions conducted by a detective who would later be convicted of corruption and bribery charges. The men’s stories continued to change, and their versions of events often contradicted each other and known facts gathered by investigators. For example, Mr. Tice asserted that one of the sailors used a claw hammer to break into the victim’s apartment; there was no evidence of forced entry.

In 2000, a man named Omar A. Ballard, who was already in prison for another crime, confessed to the rape and murder and said he acted alone; the DNA found at the crime scene was a match for Mr. Ballard’s. But it would take another nine years before then-Gov. Timothy M. Kaine (D) granted the Norfolk 4 a conditional pardon. Although the move allowed the three sailors still incarcerated at the time to leave prison, it left intact their convictions. Among other things, the men were forced to register as sex offenders. Jobs were hard to come by under these circumstances, and even social visits were made difficult if friends or family lived near schools or playgrounds.

Mr. Tice got a huge break in the spring when a federal appeals court in Virginia threw out his conviction based on his trial lawyers’ failure to seek suppression of his confession. On Aug. 4, Virginia prosecutors announced that they would not lodge new charges. “It still feels like a dream,” Mr. Tice told the Virginian-Pilot. “It’s a victory for me, but there’s still three other guys.”

The others are Danial Williams, Joseph Dick Jr. and Eric Wilson, and their records, too, should be cleared. The Virginia Supreme Court is scheduled to take up their cases Aug. 31, but the three men have run into obstacles that Mr. Tice did not face because of Virginia deadlines governing criminal appeals. It would be the height of injustice to allow technicalities to block these men’s quest for full exoneration."

The editorial can be found at:

http://www.washingtonpost.com/opinions/finally-justice-for-one-of-the-norfolk-four/2011/08/10/gIQAQ0dvBJ_story.html
PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:

http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;