Day: November 11, 2012

Book :‘Injustice System’ uncovers doubt in death row conviction


‘Injustice System’ uncovers doubt in death row conviction photo MOst books built around convictions of innocent defendants end with exoneration. In “The Injustice System,” the alleged innocent is still locked in a prison cell and might never emerge. Any well researched book about a suspected wrongful conviction is by definition shot through with dramatic tension; after all, if the wrong person is serving prison time, the actual murderer or rapist or robber might be at large, continuing to commit horrific crimes. The tension within the pages of “The Injustice System” is relentless.

Author Clive Stafford Smith is a former Atlanta lawyer (now based alternately in New Orleans and his native England) who earned a law degree in the United States so he could work on putting an end to the death penalty in the long run and save individual inmates from execution in the short run.

Driven more by principle than a won-loss record in court or a hefty salary, Stafford Smith is an unconventional professional who dives into high-stakes cases. His previous book, “Eight O’Clock Ferry to the Windward Side,” chronicles his experience representing prisoners at the U.S. prison at Guantanamo Bay, where alleged terrorists are detained without the usual safeguards that protect individuals from wrongful incarceration.

When he first met Krishna “Kris” Maharaj, the primary subject of “The Injustice System,” Stafford Smith was affiliated with the Southern Center for Human Rights in Atlanta and representing prisoners in capital cases. At the request of British diplomatic officials, he took on Maharaj’s case.

Police arrested Maharaj, a Trinidad businessman of Indian heritage, in 1986 for allegedly murdering former business partner Derrick Moo Young and the partner’s son, Duane. The double murder occurred inside the DuPont Plaza hotel in downtown Miami. Maharaj proclaimed his innocence and said he could prove it if given the opportunity. But police, prosecutors and jurors did not believe him. Sentenced to death, Maharaj was jailed in Florida State Prison. Maharaj hoped to find competent legal representation to handle a final appeal, most of his appellate routes already having been exhausted before Stafford Smith learned about the case.

Based on his own investigation, Stafford Smith alleges evidence was cooked by an overzealous homicide detective; prosecutors bent the principles of justice they are sworn to uphold; forensic examiners provided biased readings of evidence; witnesses committed perjury; a trial judge was less than devoted to evenhandedness; and appellate justices dismissed powerful new evidence suggesting Maharaj’s innocence.

Most upsetting of all to an avid defense lawyer such as Stafford Smith, he claims the defense lawyer hired by Maharaj for the trial was grossly incompetent. In truth, Stafford Smith worried the defense lawyer lost the trial intentionally because of threats aimed at his family by South American drug dealers, whom Stafford Smith suspected was involved in the murders.

As in so many alleged wrongful conviction cases — and in so many documented exonerations — it is puzzling to calculate how a dozen jurors all failed to find “reasonable doubt.” Stafford Smith wants to believe he can find a way to prove Maharaj’s innocence. The reality is, however, that Stafford Smith will likely go to his own death without winning freedom for his client. That knowledge is especially painful to Stafford Smith, because he believes his independent investigation has identified the actual killer of Moo Young and his son.

Man sentenced to death for murder at Caesars Palace – Bryan Hall


November 9, 2012 http://www.ktnv.com

Las Vegas,  — Bryan Hall appeared in court Friday to find out if he could face the death penalty for killing a waiter at Caesars Palace.

Family and friends of the victim, Brad Flamm, gathered in the courtroom at the Regional Justice Center for the decision.

It was an emotional morning as both attorneys argued the pros and cons of the death penalty in the case.

Just a few hours later, the jury reached a verdict that Hall will face death as punishment for his conviction.

Hall was convicted of murdering Flamm earlier in the week.

Flamm’s family was visibly satisfied when the decision was read in court.

“We’re just glad justice is done. This guy won’t hurt anyone ever again,” said Flamm’s father, Fred. “He’s put away, and he’s not going to be with us anymore. Hopefully the sooner the better.” 

Hall and Flamm had been friends, but police said they got into an argument over a woman they both dated.

In May 2009, Flamm’s body was found by a loading dock outside Caesars Palace. He had been beaten and strangled.

Flamm’s mother said it was hard to see him in court, but harder to see him at the county jail, where she happens to work.

“But now he won’t be there,” Jennifer Flamm said. “I won’t have to go into work and worry about him being there.”

The Flamm family is happy to be able to now move forward, keeping Brad’s spirit alive.

“Brad lives on in our hearts,” Fred Flamm said. “We miss him, but he’s still there.”

Hall will return to court for a formal sentencing on January 17.