"Cantu's long-silent co-defendant, David Garza, just 15 when the two boys allegedly committed a murder-robbery together, has signed a sworn affidavit saying he allowed his friend to be falsely accused, though Cantu wasn't with him the night of the killing.
And the lone eyewitness, the man who survived the shooting, has recanted. He told the Chronicle he's sure that the person who shot him was not Cantu, but he felt pressured by police to identify the boy as the killer. Juan Moreno, an illegal immigrant at the time of the shooting, said his damning in-court identification was based on his fear of authorities and police interest in Cantu.
Presented with these statements, as well as information from hundreds of pages of court and police documents gathered by the Chronicle that cast doubt on the case, key players in Cantu's death — including the judge, prosecutor, head juror and defense attorney — now acknowledge that his conviction seems to have been built on omissions and lies."
This is why I firmly believe that the death penalty should be abolished. It has nothing to do with whether or not murderers deserve to die. I believe they do. But the simple fact is it is impossible to construct a law enforcement and judicial system which we can be assured will never execute an innocent man. Even with all the proper procedures in place, the system is too easily abused by police, prosecutor and judges eager to seek convictions and death sentences for heinous crimes. All of thproceduralar safeguards and appeals that were in place here, failed Cantu. If anything it was simply a matter of not having enough time. Were Cantu in jail now as these revelations came out, he would be awarded a new trial. He might lose twenty years of his life, but he'd have the rest of it to live as a free man. But now, there is no way to undo not only the taking of the victim's life, but the taking of the life of a man who had nothing to do with the crime.
And I simply cannot stomach arguments that the execution of innocent men and women is a worthy price to pay to execute actual murderers. There is no argument for the death penalty that can justify creating another victim beyond those killed in the crime itself. None whatsoever. The death penalty should be abolished, permanently.
2 comments:
Yeah, death penalty advocated always say "well there's been no one executed who has been proven innocent." Well, what about all the cases like these? Does anyone honestly believe it's never happened?
And when you think about it, that's a pretty dumb argument anyway. It's impossible to prove a negative, that someone never committed a crime. And yet this case, and the case I blogged about a few months ago about the guy put to death for supposedly setting his house on fire and killing his children, show the same disturbings similarities; over-zelous prosecution, a willingness to ignore contrary facts, and a procedural failure of the system. It's simply incredible to think that no innocent person has ever been executed in Texas in modern times.
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