This is John Jerome White. He was convicted in 1979 of raping a Meriwether County woman but was released in 2007 after DNA evidence conclusively proved he was not guilty. Let me note this again: he IS NOT a rapist (although he is a convicted felon related to another matter). He was, and is, NOT guilty of rape.
But why is the State of Georgia going to cut White a check for $500,000.00?
At no point has it been demonstrated that a police officer, prosecutor or judge committed malfeasance in any form. A duly-constituted jury of White’s peers convicted him based on the evidence presented at that time. But now he is entitled to my money and the money of the taxpayers of Georgia?
Before some of the weak-minded who cannot fathom the barest criticism of any minorities have a heart attack, let me suggest that what is happening is, if it is going to become the norm now that Georgia has already paid out $3.9 million to four other inmates cleared through DNA evidence, on its face unfair if it continues.
For example, individuals charged with murder frequently are not given a bond and are left to wait in a county detention center until their case is called for trial. It is not abnormal for the wait for trial to extend many, many months…if not years.
I’ve seen several murder cases result in a “not guilty” verdict in my time. Those defendants are then free to walk out of the courtroom and continue with their lives. But what about the time they lost while waiting for their trial?
Clearly, there is a difference between “not guilty” and “innocent.” But the man who is acquitted by a jury still has lost his freedom for a significant period of time based on a less than convincing case which wrongly kept him incarcerated.
Why the double standard? Or, more accurately asked, why can’t we ALL be sent a check from Sonny Perdue for being “wronged” by the government?
If we are going to start paying people like White where no government actor was at fault, then shouldn’t we also be paid compensation for time fighting property assessments every year? Can I get a check for standing in the line at the Department of Driver Services for my few minutes waiting for a new driver’s license? Or if a speeding citation is dismissed in a Municipal Court because the officer failed to appear, why shouldn’t a check be issued to compensate the defendant for attending at least two court sessions when he was ultimately vindicated through a dismissal of the citation?
White is the victim of mistaken identity, nothing more. If it had been demonstrated that a police officer, prosecutor or judge acted improperly and knowingly fabricated evidence, this would be a different story. But that has not occurred and a dangerous precedent continues to be set where people are being compensated for events where no one is to blame.
In the end, convicted felon John Jerome White gets his check and Sonny “Feel Good” Perdue can rest easy knowing that he failed to make tough, responsible decisions yet again. What’s $500,000.00 among friends, right?
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Afterall, a human life is only worth $350k.
Given the human life expectancy…he should have only received a little over $100k.
Since it is no problem to wrongfully convict and imprison people, I suggest somebody frame Pete for a crime. He won’t care and he will not ask for any compensation if he is exonerated after 28 years in prison.
Come on Pete. If this is such a travesty…make an example of yourself. Like “David Gale.”
Since you won’t, because you are obviously just a disillusioned cynic, what is the right thing to do in these situations?
Also, for the sake of total disclosure, the $500k is an annuity that is to be paid out over the course of 20 years and is more of a refund if anything:
“WHEREAS, Mr. White has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his 28 years of incarceration and expenses in trying to prove his innocence totaling $3 million” (HR 161).
The shallowness of your ideology is amusing.
“He was convicted in 1979 of raping a Meriwether County woman but….He was, and is, NOT guilty of rape.”
But, “no one is to blame.”
These things just happen, you know.
I think you should take this crusade national. Really.
Seriously, I think it is warranted to ask: is there any specific reason you’re singling out this guy? I’m sure 99% of viewers on this site have one reason in mind.
Considering that DNA testing has reversed quite a few cases in this country, and suing the state is not that rare in these cases, I’m just trying to find the logic behind your post.
Since it is no problem to wrongfully convict and imprison people, I suggest somebody frame Pete for a crime. He won’t care and he will not ask for any compensation if he is exonerated after 28 years in prison.
Oh, you are suggesting that White was framed, then? And you base this on, as is typical, no facts? Gotcha!
But, “no one is to blame.”
Well, you haven’t pointed the bony finger of blame at someone, either, Burdell. There is a difference between being framed and a mistake. One requires malfeasance, the other does not. Too bad you don’t know the difference.
Seriously, I think it is warranted to ask: is there any specific reason you’re singling out this guy?
Uh, because he is the most recent guy to get a check from Perdue? But you just go ahead and think it’s because he is black…that’s all that the feeble minded can accept as plausible based on their own biases and prejudices.
Blacks are more than 35% of the population of Georgia and yet it is unacceptable for the meek like you to consider that maybe there is going to be a goodly percentage of news stories and events in this state that actually include them. Get over your own shortcomings and enter an enlightened time where it’s actually okay for whites to write about stories concerning blacks and visa versa. All you demonstrate is your own prejudices.
Considering that DNA testing has reversed quite a few cases in this country, and suing the state is not that rare in these cases, I’m just trying to find the logic behind your post.
Then read the post again.
Gotcha?
I never said White was framed. Ever.
Malfeasance. Actually, I just did a little research of my own. The fact that there was no physical evidence that White committed the rape and he was only picked out of a line-up (in which he was just a filler) indicates that there may be some malicious prosecution.
Mike Nifong had just as much evidence in his infamous case against the Duke lacross team. He had an improperly assembled lineup and zero physical evidence. Fortunately there was no repeat and Nifong was disbarred for malicious prosecution.
I repeat…Gotcha? I never said he was framed, I was just making a swipe at your shallow beliefs. I said somebody should frame you of a crime so you could be wrongfully convicted, in 28 years I would like to see what your response to the question at hand would be. Since you are no bearer of truth, inherent in your poorly researched post and unfounded implications from my first response, I bring this full circle. I have no evidence that White was framed. I, however, never made this claim. There was also no evidence of White commiting the crime…so, is there any malfeasance? Nonfeasance?
The answer, invariably, is unknown. Ideas can be brought up and their probability can be debated. One thing is for certain. This man was wronged and deserves whatever reparation can be made. We can not give him 28 more years of life or repair his reputation.
Arguing with you is futile. I know this. I just want other people to know how disgusting you and your ilk truly are. This man deserves only as much as the victim of a drunken surgeon.
Gotcha?
As in “I understand,” not “You’ve been made to look like the bigoted ass that you are.”
I never said White was framed. Ever.
No, you just tritely suggest that I should be framed and see how I like it. Except, as I have pointed out and readily admit, if there was malfeasance, I’d be much more sympathetic to White getting a check.
Malfeasance. Actually, I just did a little research of my own. The fact that there was no physical evidence that White committed the rape and he was only picked out of a line-up (in which he was just a filler) indicates that there may be some malicious prosecution.
No, that indicates nothing of the sort.
Mike Nifong had just as much evidence in his infamous case against the Duke lacross team. He had an improperly assembled lineup and zero physical evidence. Fortunately there was no repeat and Nifong was disbarred for malicious prosecution.
I’d say that you are comparing Nifong to White’s prosecutor, but that would be actually taking your point at face value which is evidently unacceptable to you.
I repeat…Gotcha? I never said he was framed, I was just making a swipe at your shallow beliefs. I said somebody should frame you of a crime so you could be wrongfully convicted, in 28 years I would like to see what your response to the question at hand would be.
If White had been framed, this would be a different story. Since he wasn’t, and since you fail to even consider how people found not guilty of serious offenses aren’t getting their pay day, I fail to see how your alleged “point” is relevant.
The answer, invariably, is unknown. Ideas can be brought up and their probability can be debated.
No, they can’t. What some have made clear is that they can’t without suggesting that such debate is based in racism.
Arguing with you is futile. I know this. I just want other people to know how disgusting you and your ilk truly are. This man deserves only as much as the victim of a drunken surgeon.
Drunken surgeon = malfeasance. None has been shown with White’s circumstance. Thanks for making my point.
Have a good evening! I’m outa here.
Goldwater Conservative makes the perfect comment:
“Arguing with you is futile. I know this. I just want other people to know how disgusting you and your ilk truly are.”
Pete,
One thing, it’s not that you’re necessarily racist, I have no clue. At times it seems that you stand up for law enforcement, which is a great thing. I also applaud the post you did about the soldier that passed.
However, almost every post you make always ends up being about a black person. It’s the way you come off in your posts, constantly throwing in slight jabs left and right. Maybe it’s some type of humor that I’m missing, but having to read through the sea of crap filler that you put in your posts ruins the topic your posting about.
Apparently you have some knowledge of the legal system, so you’re a smart enough guy to know what you’re attempting to convey in your posts.
Part of me wants to say this is some joke your constantly pulling and we’re all apart of some little project you’re working on.
The other part of me wonders if you are as truly deranged and angry as you seem in your posts.
Pete,
Not with you on this one.
It’s not about malfeasance. It’s about the fact that our system failed him.
Those people that spend too long waiting for trial were never told they were “guilty”. They spent time in jail, which is full of many “innocent” people. Mr. White spent time in prison – 28 years – as a guilty man. The system didn’t work for him. I’m sure it doesn’t work for many people. But this is a clear example with a cause/effect relationship. And frankly, I don’t think even the poorest among us would accept the offer to go to prison for 28 years on the promise that we would get $500,000 2 years after we get out.
There are many wrongs that government will never be able to make right, and many that they shouldn’t try. I have no issues with this one at all.
And from a cost/benefit standpoint, $500K is probably a great investment from the State’s standpoint, as opposed to the cost of protracted litigation.
This interplay of opinions actually raises a valid legal concern, and that is “bad faith”prosecution. I spent close to twenty years as a crimial defense attorney, five as a public defender in a metro Atlanta county. and the vast majority of prosecutors with whom I “fought the good fight” were of the very highest level of integrity and took to heart their oaths to seek the truth.
There were, however, exceptions. Both sides of the criminal bar (prosecutors and defenders) are plagued by the “true believers.” Among defenders, these are the ones who think every defendant is the victim of a malignant police state. Among prosecutors, these are the ones who will maintain a case against a defendant even when there is abundant proof of innocence. Of the two, the more dangerous is the “true believer” prosecutor, as he or she has the power of the state behind their malignancy.
I don’t know the strength of the case that was put forth against Mr. White. I just caution everyone to beware the “true believer.”
“The other part of me wonders”, well whoop tee do. Now I’m worried, Rural Dem can’t figure out if it’s a joke. Well who cares what you can’t figure out?
“However, almost every post you make ends up being about a black person.” Now that makes sense. All posts should be about white persons Pete so you can prove to Rural Dem you aren’t a racist, now are you satisfied Rural Dem?
Pete, a little inside info: Democrat Exodus 1:1, Thou shalt speak no evil of any black person.
The state did an egregious wrong to a man falsely convicted of rape. I don’t have an issue with putting this wrong less wrong. Making things right is not an option. Race and malicious prosecution are red herring issues on this one, brought in for ideological reasons, not because they are relevant to this issue.
bowersville,
“Well who cares what you can’t figure out?”
Apparently you care enough
I even said I do not think Pete is actually a racist. My entire point was the actual points he makes are outshined by all kinds of inside jabs.
Which, bowersville, I think you know better. You’re just wanting to make this another Democrat/Republican thing. Apparently nothing is more important to you than party loyalty.
“Apparently nothing is more important to you than party loyalty.”
Yeah right, find my name on any party roster in my 58 years and I’ll award you a gold star Rural Dem.
I stand corrected, you’re not a party hack. However, being an anti-Democrat, or anti-any party just for the sake of being cool is just as bad, if not worse.
Maybe the state figured he’d have been out in the world making about 17-18K a year working at Wal-mart or something, for about 30 years.
—Comes out around to $500,000.
What was the point of this blog entry?
It’s not about malfeasance. It’s about the fact that our system failed him.
Exactly. The system should not get a pass for failing anyone – not just Boy Scouts. In the grand scheme of things, “showering riches” on “thugs” who are erroneously convicted is the least a civilized state should do. The judicial system should be perceived as an ideal in an imperfect world. That cannot be achieved if we merely shrug when “bad apples” are convicted for crimes that they clearly did not commit. At the same time, we certainly should hate it that John Jerome White is “getting paid.” I know I do. As Jon Stewart would say: “It’s supposed to taste like a sh** taco.”
Icarus does bring up a good point regarding the cost benefit ratio.
I will say though, the system of the past is not the system we currently have. Science, physical and social, has brought us quite a ways since the early 80′s. Other than the obvious example of DNA testing we have also learned much about the problems of witness recall.
Pete, I do apologize for misunderstanding your slang. No, I proved no point of yours. You young people are always interested in making points. There is no point.
Also, lets all thank Bryce. While it is a point, it is a good one that should have been made earlier. Atleast when considering time frames. This state, and legal practices overall (around the country), has changed a great deal since 1980. Let us not make the mistake of evaluating every aspect of this wrongful procecution through the lens of 2009. For all intents and purposes, the eyewitness should have been given several lineups of various racial makeups and physical characteristics…with some “fillers” used more than once.
When all is said and done, though, we are still left with the question brought up in the beginning. Should we, or should we not, compensate those that are wrongfully convicted? You can weigh all of the pros and cons and hypothesize as many scenarios as the human mind will allow, and in the end the same answer should present itself: Yes, we should. Logically speaking, it all boils down to two things (one pertaining to crime itself, and the other regarding the faith in the justice system). Compensating those wrongfully convicted does not encourage crime, and justice works in more than one direction. White is a victim of human ignorance. Plain and simple.
Of course we should pay him. It is only a fraction of what he deserves, and really every penny should come out of the DA’s personal assets.
Perhaps they will starting working to find justice instead of simply trying to win cases at all cost for when they run for re-election.
“really every penny should come out of the DA’s personal assets.”
Haha, nice one Doug. Now that would be interesting!
“and really every penny should come out of the DA’s personal assets.”
Unless you can cite any evidence of prosecutorial misconduct, no way in hell.
All steps in the system had to fail for this to happen. Was the problem with the police? witness? D.A.? incompetent defense? really, really bad circumstantial luck? Who knows?
If there’s evidence of wrongdoing, then absolutely, go after that person/people. But to just decide it was an aggressive D.A. that was at fault and should pay is just as silly as expecting to say “my bad, see ya”.
Rural Dem, google Bowersville Ga. [actually I don't live in Bowersville, but Lake Hartwell] I chose the moniker “Bowersville” when Bill Stephens pissed me off with his high minded crap.
Now before you want to leap out and and show your ignorance by calling me an anti-Democrat, maybe you need to look at my Government Representatives, State Representative Alan Powell (D), State Senator Jim Butterworth (R) and Congressman Paul Broun (R).
Now those folks are public figures. Call them up and ask them to tell you whether or not I supported them and get them to tell you whether I’m supporting them again. Other than that, PISS OFF.
Icky, don’t wet yourself, I was using hyperbole. However, lack of “misconduct” is exonerating by itself. There is also competence and pushing forward with something because you think you can win something and not because you are convinced that they are guilty.
I have spoken to enough prosecutors to know that a non-zero number of them assume the police are always right and will proceed with weak cases because of political pressure or because someone in the Sheriff’s office, press, a victim or victim’s family pressures them to do so. Even with a weak case.
Pretending it is okay because “that’s what juries are for” and putting an innocent, if imperfect person, in jail is misfeasance, which to the target is just as bad as malfeasance.
Perhaps a little professional responsibility for wrongful convictions would change the role of prosecutor from the police’s best friend to the one they are charge with, serving the needs of justice.
RD,
Well, I hope this goes to prove I am not a partisan hack, but attack both sides
After all is said and done…I reprise rugby’s question: Why is Pete allowed front-page posting privileges with his constant race-baiting?
Doug,
Too late.
“Why is Pete allowed front-page posting privileges….?”
Easy answer, to draw out race whores like b#tch reporter.
There were not enough checks in the system then…and there may not be enough now.
We would be better off with 10 guilty people walking the streets than one innocent in jail.
By innocent, I mean, like Black, one who is wrongfully-convicted.
“By innocent, I mean,” one terrorist walking free from Gitmo to kill Americans is better than 10 guilty Taliban in prison.
We would all be better off with 10 terrorist walking the streets of Georgia, like black, one who is wrongfully wronged like the poor disillusioned guilty capitalists in the twin towers plummeting to their death is better than one terrorist convicted.
If you want to understand how things like the Salem Witch Trials, The Reign of Terror, or the Bolshevick Revolution could have happen, look no further than the logic of bowersville. Unreasonable fear is an excellent motivator to send man into madness. Justify anything as long as it “protects us”.
““By innocent, I mean,” one terrorist walking free from Gitmo to kill Americans is better than 10 guilty Taliban in prison.”
You’re confusing the Taliban with Al Qaeda, but don’t let that get in the way.
Consistently the worst front page poster.
Hands down.
Why are you putting “wronged” in quotations, exactly? Being locked up for 28 years wrongly isn’t wronged? What the hell is, then?
In 1980, at the age of 19, John Jerome White was convicted of forcible entry into the home of a 74 year old woman in Meriwether county…….the evidence indicated that the victim was robbed, beaten and raped…..White was picked out of a lineup……by the victim……In 1980……with no statewide indigent defense mechanism in place…..a defendant would have counsel appointed to him from a list of the members of the local Bar……appointed counsel would have been paid around $15.00 an hour for out of court work……and $20.00 an hour for in court work…….with a probable cap of $300 – $400 per felony case….appointed counsel…… works his case …..interviews witnesses…….his client maintains his innocence…… innocent men never plead to a deal that includes Georgia prison time……the Innocent knows……he’s innocent….the case proceeds to trial..his attorney is zealous and pursues an aggressive defense…….on the other side of the courtroom…..the prosecutor….is zealous and righteous…… he has worked his case……he has a credible 74 year old victim who has been robbed, beaten and violated……a properly seated jury of 12 attentively listens to the evidence as well as the instructions from an impartial and thoughtful judge……….the jury retires to deliberate…..and returns a verdict…..that speaks the truth as they see it …convicting the defendant…….wrongful conviction?…….NO….fundamental fairness standards and due process were met…..do innocent people get convicted?…..yes…..happens every day…….John Jerome White is the 7th man cleared by DNA evidence in Georgia……….gotta make you think…….
About…a solution?
At least the appointed defense attorneys got paid back in 1980…
Is this Rogue’s almost daily, Which Black Person Am I Angry At Now post?
If a person has a clean record and you can demonstrate actual malfeasance than I think most people agree he or she should be compensated. If a person has a track record on committing crimes and is sent to prison by mistake for the wrong crime I do not think they should get anything. And finally even if a person has a criminal record obviously we still do not want people railroaded for the wrong crime since the real criminal is free and the person sent to jail did not receive justice in that case. And I am sure non of us want a police state with limited justice.
Rugby, the short answer to your question is yes. But Rogue (who isn’t so, I understand) doesn’t need anger. He just needs black. Sad.
John,
So in short, he was guilty of something so, we’ll hang this on him so he goes to jail. That’s not the justice system that I want to be a part of. What a great way of breaking the double jeopardy provisions. They get off on a crime they committed due to an aquittal, so just find something else you can convict him of. Since he isn’t “innocent”, who cares, right?
Nobody’s innocent of anything, Doug.
Or, rather…nobody’s ever innocent. We’re all guilty of violating some laws, civil, criminal, or moral, right? Isn’t that what every Southern Baptist Convention is all about affirming?
“We all got it coming, kid. ”
-Will Munny, Unforgiven
Good point BS.
Even the despised have rights. When they are unjustly and even accidentally trampled, we are not really protecting those rights unless we do it for all people.
It is why the first amendment is being constantly eroded. What was meant to protect unpopular speech is slowly being bastardized into protect only approved speech, which renders it powerless, pointless and unnecessary.
bowersville, look at what you posted. It makes no sense. If one is a terrorist…than that would imply guilt. Were they not guilty then they would not be a terrorist. A judicial system can not be just if innocent people are thrown in prison. It may be more just than some other judicial systems…that is not the point though. As Americans, it is our duty to seek a more perfect system and not to be “ok” with a system that is merely better than some other country’s.
And Terran is right. You are confusing people. Al-Qaeda and the Taliban are completely different…but that is not on the script for Faux News.
Bill, you are right. Nobody is innocent. They may be innocent (not-guilty) of a particular crime, but we all do things wrong. White served a sentence for a crime he was innocent of committing. He did not rape that woman. Therefore he is innocent of that particular incident. It doesn’t change the fact that he is owed compensation and to have been released from prison. Regardless of whether he committed other crimes. From what I understand, White had never previous been convicted, or suspect, of violent crimes. The prejudice show against ex-cons is great and has been used to often by prosecutors to show a probability of the crime and criminal on trial. Humans are capable of horrible things, but just because I shoplifted when I was 11 doesn’t mean I am any more capable or guilty of a rape than “Insert name of rapist here.”
Furthermore, White was going to get more money than this. It was originally going to be over $700k. The legislature, after subtracting the sentence from a burglary conviction, “pro-rated” the check down to $500k.
Doug Deal
Mistakes are made in the criminal justice system. The issue is did the prosecution do something like withheld evidence…… But if a person has track record of committing crimes and the prosecution had a legitimate case and if latter he was found innocent why should they receive money?
rugby
Peter and I debated the Wilson case on this blog. At the end as well as this issue I do not think Peter would care about the race, religion…..he would stand by his opinion. In the Wilson case I still disagree with Peter but I do think if the kid was white Peter would of taking the same position as with this case.
John, because he served time for a crime he did not commit. If the Federal government makes a mistake on your income tax records, prosecutes you in tax court, in good faith, and ends up taking your house and retirement account. If you later prove your innocence, do you think the government should keep your house, retirement and everything else they took because you happened to drive on a suspended license?
The government cannot give him his 28 years back. The jury cannot give him his 28 years back. The prosecutor cannot give him his 28 years back. He has one life, and it was ruined by a mistake by the government. The government should repay him the only way that it can, with cash. At least now, he likely will not have to work again and might have something to retire on.
$500,000 is a paltry sum, and if you ask me, they should give any wrongly convicted person the highest state official’s salary (the Governor) for every year or partial year incarcerated.
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