He said she said, she recanted.

Discussion in 'Law & Justice' started by CCitizen, Feb 24, 2023.

  1. CCitizen

    CCitizen Well-Known Member

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    This is not a fictional scenario -- it has happened at least several times.

    Her testimony alone was found credible to find him guilty beyond doubt of sexual assault. This has been the Law in USA since at least mid-1970s. He was convicted either by a jury or by a guilty plea.

    Now, she recants. It is very likely that he is innocent. Nevertheless, overturning his conviction would cast a shadow over the Laws. Overturning his conviction would enable hundreds of guilty men to walk free. Overturning his conviction would do much more harm then good. Thus he is kept in prison.

     
  2. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Dr. Phil: "John Kinsel has been in prison for 26 years, convicted of raping Alyssa when she was just a child, a crime that he has never wavered. He says he did not do that crime. He's never wavered about that."


    Just to let everyone know, it's not uncommon for innocent men to plead guilty, even to a crime like rape. It's common for the system to threaten them with a longer time in prison if they do not accept a plea bargain and plead guilty.
    When a defendant pleads guilty it is NOT a confession that they did the crime. There are a lot of people who do not understand that.

    Attorney Justin Bonus, who is now representing Kinsel: "And that's the scary thing, that a person can be convicted of a crime that didn't happen. This happens every day in the criminal justice system."
     
    Last edited: Feb 25, 2023
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  3. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Some will disagree with me, but I actually do approve of putting the man in prison based on the accuser's claim alone.
    But the thing is, he shouldn't be punished as if we know he did it.
    That's the thing, many people seem unable to view things in any other terms rather than black and white. They just automatically assume that if a person has been found "guilty" of doing something, that means it has been determined that they have committed the crime. That is a logical error though.
    (I explained that concept more in this thread: Do you think there should be an intermediate verdict available to the jury? )

    If a man is accused of rape, he should get far less punishment if there is no other evidence that it happened, because there exists a chance he might not be guilty. The amount of prison time should be in proportion to the amount of evidence that exists and the certainty that he did it. That is my opinion.

    The child who accused this man was only 9 years old at the time. She was angry that he was her mom's boyfriend, that he had become part of their family, and then angry when he tried to act like her father and discipline her.

    They did a medical examination on the child to try to determine whether rape had occurred. The way the doctor explained the findings of the examination might have confused the jury. People are looking for a yes or no answer but this type of medical exam usually cannot give a yes or no answer with certainty, and that was especially true in this case. The findings did not really indicate rape but were still consistent with rape, meaning the doctor believed it was possible rape could have occurred but it was more leaning towards not showing that a rape had occurred.
     
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  4. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    According to the website, that Dr. Phil episode was published February 3, 2023. Meaning the man is still in prison.

    Here's some more information:
    Petition · Free John Kinsel, Wrongfully Incarcerated in Louisiana for more than 25 Years · Change.org

    "In the years following the trial, Alyssa admitted to her friend, Georgette Evans, that she had lied by accusing John, and that fear of legal consequences for admitting to perjury kept her from coming forward with the truth.

    At a 2006 hearing, Alyssa confirmed to a judge that John never raped her."

    Rape conviction appeal denied: Girl's story recanted 16 years later | Truecrimedaily.com

    When Alyssa turned 19, she could no longer continue to sit on the sidelines and had to speak up. "I had contacted John's lawyers and told them I wanted to meet with them and recant my testimony. I spent my own dime, drove 1,500 miles, and we went back to court. And in front of everyone I recanted my testimony," said Alyssa.

    Then just as the family's hopes are raised, the Louisiana Supreme Court shoots them down. The Court agrees that Alyssa's testimony and recantation are "preposterously unreliable," but that his conviction, at the time, was legitimate. "It is beyond regrettable that a possibly innocent man will not receive a new trial."

    "I figured once I told the truth his conviction would be overturned, that they would let him out," said Alyssa. "And that didn't happen, at all. Louisiana justice system, right? You gotta love it."

    "Just because someone says it didn't happen, it doesn't mean they hold the keys to the jail and if you think about it, it makes sense," said Netterville.
    Tragically, with all appeals exhausted, another chance to prove John didn't rape Alyssa may never come. Even though everyone says he's innocent -- including the 10-year-old girl, now a 29-year-old woman, who put him in prison.
     
    Last edited: Feb 25, 2023
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  5. CCitizen

    CCitizen Well-Known Member

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    Very few people in USA are outraged by the fact that a man who is innocent is being held in prison.
     

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