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Can Sotomayor explain away this wrongly imprisoned man?
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SumOfAllFears Offline
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Can Sotomayor explain away this wrongly imprisoned man?
LAW OF THE LAND
Can Sotomayor explain away this wrongly imprisoned man?
Jailed for 16 years, he blames Supreme Court nominee for 6


--------------------------------------------------------------------------------
Posted: June 30, 2009
9:17 pm Eastern


By Bob Unruh
2009 WorldNetDaily



Jeffrey Deskovic, speaking about his 16 years in prison for a crime he didn't commiti

The nomination by President Obama of 2nd Circuit Court Judge Sonia Sotomayor to the U.S. Supreme Court is more than alarming to an innocent man who was convicted of murder and spent 16 years in prison before being cleared and released.

Jeff Deskovic, whose pursuit of freedom has been chronicled by the New York Times and others, told WND that the last six of those years are directly attributable to decisions endorsed by Sotomayor.

"I'm very alarmed," he said. "The rest of my life, as a result of my ordeal, is dedicated to preventing this from happening to other people."

Sotomayor in her 2nd Circuit position repeatedly put "procedure over innocence" and rejected appeals that could have provided Deskovic with his freedom much earlier than it actually happened, he told WND.

He blames the prosecutors and others in his original case for getting his conviction and sentence, but he blames Sotomayor – and the other judge on the 2nd Circuit panel – for the last six years he remained in prison.

The other judge, he told WND, is equally culpable, but is not now being nominated for the highest court in the land.

The background of the case is all over the public record. He was arrested and accused of assaulting and killing 15-year-old Angela Correa in 1989 and went on trial in 1990 when he was 17.

A video tells his story:



The fact that DNA on the victim didn't match him was explained away by prosecutors who claimed the victim could have had consensual sex before she was killed.

His sentence was 15 years to life in prison. Eventually he ran out of state court appeals procedures, and then was given until April 24, 1997, to demand habeas corpus.

According to reports, his lawyer asked a court clerk about the deadline and was told it had to be mailed by that date. Wrong. The court rules required delivery by that date.

When the paperwork arrived late it was dismissed. Eventually Sotomayor and other appellate judge found that such a mistake didn't "rise to the level of an extraordinary circumstance" and dismissed it.

"The district court correctly dismissed Deskovic's petition as untimely," the appeals court decision from Sotomayor concluded. A subsequent appeal was dismissed with the terse: "It is ordered that said petition for rehearing is denied."

Deskovic, knowing his own innocence, was appalled, and kept battling.

Ultimately, he was linked to the Innocence Project, and was able to establish his innocence through the discovery of the real murderer, and his subsequent confession.

"Through a twist of fate in 2005, a letter I had written was delivered to anti-death penalty activist and amateur investigator, Claudia Whitman. She suggested that I re-contact the Innocence Project and she urged them to take my case. Six months later, they took my case and obtained permission from the new district attorney to take the crime scene DNA and compare it to the state DNA database. The previous district attorney had refused prior requests to run further DNA tests. As of a result of comparing the DNA to the state data base, the actual perpetrator (Stephen Cunningham) was located," Deskovic writes on his website.



Since being freed, he's graduated from Mercy College and is working on a master's degree, is 35, and spends much of his time advocating for the innocent in prison.

He's often expressed concern that those who made the mistakes that put him in prison haven't been disciplined, and in some cases even have worked up the ranks through promotions.

Now he sees Sotomayor on the verge of becoming one of the judges on the highest court in the land.

The White House, which has been releasing schedules of Sotomayor's visits to Capitol Hill to lobby for her appointment to the court, declined to respond to WND telephone and e-mail messages requesting a comment.

But in a commentary he wrote on Politico, Deskovic explained his concerns.

"In a career that took her from a Bronx housing project to Princeton University, Yale Law School, various jobs and now the federal bench, she (Sotomayor) has said that she tries to keep in mind the real-life implications of her rulings when meting out justice," he wrote.

Such "empathy," in fact, was one reason Obama explained he picked her.

"Such a high-minded moral standard is what we, as a society, should expect and seek from all our judges, especially a Supreme Court justice. But considering that we are talking about a lifetime appointment to the nation's highest court, we should see if, in practice, her rulings reflect that," Deskovic said. "A review of her record in my case shows that Sotomayor's practice does not live up to her promise.

"All seven of my appeals were turned down. Two stops along the way were in Sotomayor's courtroom," he said.

Now he's working to alert Americans to the dangers he feels Sotomayor presents to the public. He assembled a group on Facebook encouraging contacts with members of the Senate to oppose Sotomayor. He also said he'd like to testify against her at her Senate hearings, scheduled to take place within a few weeks.

[Image: 47127923.jpg]

Deskovic told WND that if Sotomayor's appointment is affirmed, "It means that our rights are very much at risk.

"I think the fact she is being considered for an even higher position of responsibility, considering we're talking about a lifetime appointment, that affects all of our rights.

"She's supposed to be scrutinizing every case that comes across her desk," he said, not using technicalities.

"What I don't understand is why none of the U.S. senators is paying attention to this issue. … Do they agree with what (happened)?" he wondered.

He also suggested politics is playing an huge role, "If this judge had been nominated by a Republican president, the Democrats would have been all over this."

But he said there's no excuse, either, for the GOP not to be raising the question.

"Despite Sotomayor's rhetoric, her ruling in my case showed a callous disregard for the real-life implications of her rulings. She opted for procedure over fairness and finality of conviction over accuracy. Many of the victims of wrongful convictions serving long sentences had exhausted their appeals long before they were exonerated. In how many of those cases did Sotomayor vote to refuse to even consider evidence of innocence?" wrote Deskovic. "My case is far from unique in an age when the reality of wrongful convictions is well-established.

"In my case, Judge Sotomayor did not demonstrate that understanding. If that is her idea of 'empathy,' a trait that Obama sought in his appointee, then God help us all," Deskovic said.
06-30-2009 09:54 PM
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dwr0109 Offline
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RE: Can Sotomayor explain away this wrongly imprisoned man?
Sounds like a major f-up in our system. And that doesn't get Sotomayor off the hook. Per the NY Times article "Habeas corpus petitions are rarely granted, and Mr. Deskovic knew that all along. Federal judges routinely deny them, including for purely procedural reasons."

I wonder if you would have the same sympathy if he were just another alleged criminal fighting the system.

Something tells me no.

Either way, you shed light on something that should be seen.

http://www.nytimes.com/2009/06/10/nyregion/10dna.html
(This post was last modified: 07-01-2009 08:37 AM by dwr0109.)
07-01-2009 08:30 AM
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Ninerfan1 Offline
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-01-2009 08:30 AM)dwr0109 Wrote:  Sounds like a major f-up. I wonder if you would have the same sympathy if he were just another criminal fighting the system.

Something tells me no.

And this has what exactly to do with Sotomayor screwing up?

Oh yeah, nothing.

Beautifully constructed red herring though.
07-01-2009 08:34 AM
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smn1256 Offline
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Post: #4
RE: Can Sotomayor explain away this wrongly imprisoned man?
If I had any part of sending an innocent man to prison for 16 years I couldn't live with myself. In fact, it would make me ineffective as a judge. That this woman brushes it off like dandruff on her shoulder bothers me.
07-01-2009 12:21 PM
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uhmump95 Online
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RE: Can Sotomayor explain away this wrongly imprisoned man?
Sotomayor had nothing to do with him getting put in prison.

Funny thing is if this was a conservative judge you guys would be praising him for following procedure.
07-01-2009 06:01 PM
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smn1256 Offline
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-01-2009 06:01 PM)uhmump95 Wrote:  Sotomayor had nothing to do with him getting put in prison.

I know that, which is why I said she contributed to his 16 years rather than her sentencing him.

(07-01-2009 06:01 PM)uhmump95 Wrote:  Funny thing is if this was a conservative judge you guys would be praising him for following procedure.

I don't think anyone wants an innocent guy sent to prison.
07-01-2009 06:45 PM
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Post: #7
RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-01-2009 06:01 PM)uhmump95 Wrote:  Sotomayor had nothing to do with him getting put in prison.

Funny thing is if this was a conservative judge you guys would be praising him for following procedure.

Project some more. It only helps you to be even more of an unreliable poster. I wonder what Rubin Carter thinks about this skank?
07-01-2009 09:15 PM
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RobertN Offline
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-01-2009 09:15 PM)Rebel Wrote:  
(07-01-2009 06:01 PM)uhmump95 Wrote:  Sotomayor had nothing to do with him getting put in prison.

Funny thing is if this was a conservative judge you guys would be praising him for following procedure.

Project some more. It only helps you to be even more of an unreliable poster. I wonder what Rubin Carter thinks about this skank?
Skank?
07-02-2009 02:41 AM
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Paul M Offline
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-02-2009 02:41 AM)RobertN Wrote:  Skank?

What's your question?
07-02-2009 06:42 AM
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-01-2009 06:45 PM)smn1256 Wrote:  
(07-01-2009 06:01 PM)uhmump95 Wrote:  Sotomayor had nothing to do with him getting put in prison.

I know that, which is why I said she contributed to his 16 years rather than her sentencing him.

That is not what you typed right here.

(07-01-2009 12:21 PM)smn1256 Wrote:  If I had any part of sending an innocent man to prison for 16 years I couldn't live with myself. In fact, it would make me ineffective as a judge. That this woman brushes it off like dandruff on her shoulder bothers me.

You said nothing about "contributing". You specifically said "sending". Your reference to Sotomayor in the next sentence implies that SHE sent him to jail.
07-02-2009 06:23 PM
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uhmump95 Online
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-01-2009 09:15 PM)Rebel Wrote:  
(07-01-2009 06:01 PM)uhmump95 Wrote:  Sotomayor had nothing to do with him getting put in prison.

Funny thing is if this was a conservative judge you guys would be praising him for following procedure.

Project some more. It only helps you to be even more of an unreliable poster. I wonder what Rubin Carter thinks about this skank?
I am not projecting a thing.

I am not unreliable, I am an independent thinker. This means I am not going to read every thread and follow the masses like a mindless zombie.

The only unreliable poster on this board is you who claims to be a libertarian, but you walk lock step in with the conservatives on this board.
07-02-2009 06:27 PM
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Fo Shizzle Offline
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-01-2009 06:01 PM)uhmump95 Wrote:  Sotomayor had nothing to do with him getting put in prison.

Funny thing is if this was a conservative judge you guys would be praising him for following procedure.

Ya think?03-lmfao +1
07-02-2009 06:33 PM
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GrayBeard Offline
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RE: Can Sotomayor explain away this wrongly imprisoned man?
In the words of my 14 year old....Sotomayor gets a FAIL! She is about as deserving of the Supreme Court as that lady that "W" originally tossed forward. Harriet Miers or something like that.
07-02-2009 06:39 PM
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Fo Shizzle Offline
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-02-2009 06:27 PM)uhmump95 Wrote:  
(07-01-2009 09:15 PM)Rebel Wrote:  
(07-01-2009 06:01 PM)uhmump95 Wrote:  Sotomayor had nothing to do with him getting put in prison.

Funny thing is if this was a conservative judge you guys would be praising him for following procedure.

Project some more. It only helps you to be even more of an unreliable poster. I wonder what Rubin Carter thinks about this skank?
I am not projecting a thing.

I am not unreliable, I am an independent thinker. This means I am not going to read every thread and follow the masses like a mindless zombie.

The only unreliable poster on this board is you who claims to be a libertarian, but you walk lock step in with the conservatives on this board.

Thank you...True Libertarians live by the axiom of non aggression. I think the term has now been subverted to small govt. republicans. Glen Beck..Neal Boortz...claim the title...but are NOT libertarians.
07-02-2009 06:54 PM
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-02-2009 06:39 PM)GrayBeard Wrote:  In the words of my 14 year old....Sotomayor gets a FAIL! She is about as deserving of the Supreme Court as that lady that "W" originally tossed forward. Harriet Miers or something like that.

I agree with your daughter...BO needs to yank her asap.
07-02-2009 06:55 PM
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-02-2009 06:23 PM)uhmump95 Wrote:  
(07-01-2009 06:45 PM)smn1256 Wrote:  
(07-01-2009 06:01 PM)uhmump95 Wrote:  Sotomayor had nothing to do with him getting put in prison.

I know that, which is why I said she contributed to his 16 years rather than her sentencing him.

That is not what you typed right here.

(07-01-2009 12:21 PM)smn1256 Wrote:  If I had any part of sending an innocent man to prison for 16 years I couldn't live with myself. In fact, it would make me ineffective as a judge. That this woman brushes it off like dandruff on her shoulder bothers me.

You said nothing about "contributing". You specifically said "sending". Your reference to Sotomayor in the next sentence implies that SHE sent him to jail.

She did have a part in his going to jail - she refused a hearing on a technicality. In my book that's having played a part. Why are we arguing about this when we should be bitching about Obama?
(This post was last modified: 07-02-2009 09:58 PM by smn1256.)
07-02-2009 09:57 PM
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-02-2009 09:57 PM)smn1256 Wrote:  She did have a part in his going to jail - she refused a hearing on a technicality. In my book that's having played a part. Why are we arguing about this when we should be bitching about Obama?

EXACTLY - - "Ms. Sore-In-My-Ear" essentially Sentenced the man to "6 More Years" in Prison by NOT HEARING HIS APPEAL.

So YES, she had a ton to do with Sending Him To Prison.

If "Ms. Latina Woman Thang" had just allowed the Appeal to go forward, the man would have been out "6 YEARS EARLIER".

You guys who are upholding her for this, go and spend 6 Years In Prison and come out and tell us how much you LOVED IT and then we will accept YOUR upholding and assessment of Ms. Soreinmyear.

HECK, go spend the Entire 16 Years and come back and tell us some good news.

And I don't care who is nominating her be it GW or BO .... she is No Good for the SCOTUS.

.
07-03-2009 08:42 AM
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RE: Can Sotomayor explain away this wrongly imprisoned man?
I can not imagine being wrongly convicted for FuckingMurder, waiting hour by hour minute by minute to have my due process, only to be slapped down (by a wise Latina BitchWoman with the richness of her experiences (who) would more often than not reach a better conclusion than a white male who hasn’t lived that life.”) for a FuckiingTechnically. Well she did not reach a better conclusion for this man. She contributed to him having to wait an additional 6 years to find out everyone in this case made various mistakes. Sixteen YEARS, my GOD imagine if it were you.
07-03-2009 10:12 AM
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RE: Can Sotomayor explain away this wrongly imprisoned man?
(07-02-2009 06:27 PM)uhmump95 Wrote:  The only unreliable poster on this board is you who claims to be a libertarian, but you walk lock step in with the conservatives on this board.

Oh really? See me on board with keeping Marijuana illegal? See me trashing civil unions for homos? See me take a conservative stance on anything socially?

As for Libertarian, you're right. I stopped being a Libertarian when they took a strong anti-war stance. I didn't think that was a secret around here. I'm an independent conservative. When it comes to fiscal and military issues, I'm conservative as hell. Social? Most I just don't give a rat's ass about. They're the reason I couldn't get any f'n liquor last weekend past 7PM on my offshore trip to Beaufort, making me have to drive all the way to Savannah.
07-03-2009 12:30 PM
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