The Miami Herald has reported on line today:
Freedom for wrongly-convicted Orlando Bosquete hit a snag Tuesday morning when a Monroe County judge postponed an exoneration hearing by two hours to give immigration officials time to show up and possibly escort the Cuban native to the Krome detention center in West Miami-Dade.
Bosquete, the sixth person in Florida set to be exonerated by DNA evidence, was convicted of sexual assault and burglary in 1983 based on an eyewitness account. He was sentenced to 55 years in prison.
Bosquete was to be freed at a 10 a.m. hearing by Monroe County Circuit Court Judge Richard Payne. ..
Scheck made it clear it was the federal government that was delaying his client's release.
The court's bailiff said it was Immigration and Customs Enforcement that asked the judge to continue to hold Bosquete. ICE Spokeswoman Barbara Gonzalez said she'd comment later Tuesday...
In Payne's courtroom, wearing a white baggy jacket, shirt and pants of the same color and a blue New York Yankees cap, Bosquete alternated between tears of joy -- and sadness.His brother and sister and a niece sat nearby.
''We had plans to go fishing on a boat today,'' said Bosquete, speaking squarely to the media. ``Please, if you can help me, I want to get out.''
RUMPOLE SAYS: SHAME ON YOU- Haven’t these prosecutors ruined this man’s life enough? When prosecutors wonder why they are scorned when they are supposed to “wear the white hat”. This is the reason why.
JUST IN CASE WE HAVE ALL FORGOTTEN:
DNA testing of evidence has cleared the following Florida men:
• Alan Crotzer -- Released Jan. 23. Convicted in 1982 of raping a 12-year-old girl and her mother in Tampa. Sentenced to 130 years.
• Luis Diaz -- Released Aug. 3, 2005. Convicted in May 1980 of several rapes, kidnappings and robberies as the so-called Bird Road Rapist in Miami-Dade County. Sentenced to 13 life terms plus 55 years.
• Wilton Dedge -- Released Aug. 12, 2004. Convicted in May 1982 of raping a 17-year-old girl in Brevard County. Sentenced to life.
• Jerry Frank Townsend -- Released June 7, 2001. Convicted in 1980 of four murders in Broward County. Sentenced to life.
• Frank Lee Smith -- Convicted in 1986 of the rape and murder of an 8-year-old girl in Broward County. Died of cancer on Death Row on Jan. 30, 2000. DNA cleared him 11 months later.
Rumpole says: But you prosecutors, don’t be swayed but a half dozen or so ruined lives. You guys just keep on believing those police officers who tell you they have a good case with the eyewitness ID. Why bother to insist on excellent work when it comes to identification processes? Just continue to use the same old techniques that have worked (to ruin the lives of the above men) so well in the past.
By the way, if you guys think these are the only six, well, you don’t know beans about bubkas (a legal term….look it up.) These six were lucky enough to have some physical evidence that could be tested. How many hundreds, if not thousands of people have been wrongly convicted in our own state in cases that began with an ended with one ID?
To paraphrase an old song: “If you can’t convict the one who did it…convict the one you got.”
Finally, for you guys and gals in the white hats. Ever consider that the other tragedy is that the real rapists and murders are still on the loose?
Think Janet Reno would ever stand for such sloppy prosecution based on shaky facts?
But these days, raise those types of issues and you know what you get?
“Juahhhdge….hes a GORT he’s a PERP, he’s an LMNOP plus a QWERT….I spoke with the chief of [name your dopy subdivision within the SAO] and s/he said we can’t make a plea offer.”
Sort of like that old mercenary saying: “kill em all…let God sort em out.”
“Prosecute em all…let the jury sort it out.”
Yeah, you guys with the white hats….sleep well at night. Those of you without a conscience will…. And those of you with a conscience should work a little harder to get the police to change the way they conduct identifications.
See You In Court.