injustice

Death penalty Focus


Today, in the United States, we celebrate freedom. At DPF, we are celebrating the freedom of exonerees like Obie Anthony, who spent 17 years in prison for a crime he did not commit.We also remember that there are thousands of other wrongfully convicted people, still sitting behind bars, trying to prove their innocence. We will keep fighting for their freedom, and for a criminal justice system that is more fair and just.

We hope you have a great Fourth of July, and thank you for joining us in the fight for justice!

Read and share when u can – Amanda Hodge and Shaun Hodge need our support


Amanda wrote this post on the blog, i  share with u : 

My name is Amanda Hodge My husband Shaun Hodge is currently incarcerated at Riverbend Maximum Security Inst. in Nashville Tennessee his lawyers have recently discovered new evidencane in his case..and have filed a writ of error coram novis petition in the case..my husband has been incarcerated 13 yrs. and is innocent and was wrongfully convicted anyone that would like to follow his case we’d love the support!Shaun Alexander Hodge

Please take 5 min for read this juvenile case


I share with u a comment on my blog , maybe we can  help this mother and her son

blog link : http://therelentlessmom.wordpress.com/

Congrats, My son is in a Texas Prison, He has been since 15 yrs old. Soon he will be 18. On September 09-2012, and scheduled to be transferred over to notorious adult unit-open bay- cell. My minor child has been Wrongfully Convicted of a murder that he is not guilty of and not culpable for. What is a mother to do? As you know many people out there proclaim to be there to help people like my child Bryce, yet they are the polar opposite

do you accept links where by the writing is in Spanish?

https://lalistadepruebas.wordpress.com/

Thank you for your time.

 

Bill Would Make Wrongful Conviction Awards Tax-Free


march, 29 sourcehttp://www.forbes.com

Congressmen Sam Johnson (R-TX) andJohn Larson (D-CT) have introduced legislation to prohibit the IRS from taxing compensation awarded to anyone wrongfully convicted of a crime and later exonerated. Is this bill necessary or a good idea? Yes on both counts.

More and more prisoners are being exonerated based on DNA or other evidence. Under statute, by lawsuit or even by legislative grant, exonerees may receive compensation for their years behind bars. See Ex-Inmate Struggles to Cash In on Texas Law That Pays for Years of Wrongful Imprisonment. In fact, are you ready for some shocking figures?

Since the first DNA exoneration in 1989, wrongfully convicted persons have served more than 3,809 years in prisons across 35 states before being exonerated. The nearly 300 DNA exonerees served an average of 13.5 years in prison, ranging from less than one year to 35 years. Whether you look at an individual case or at the averages, these are some astounding numbers. See Congressmen Sam Johnson and John Larson Press Release.

The tax issues have been surprisingly cloudy. In the 1950s and 1960s, the IRS ruled prisoners of war, civilian internees and holocaust survivors received tax-free money for their loss of liberty. In 2007, the IRS “obsoleted” these rulings suggesting the landscape had changed. The IRS now asks whether a wrongfully jailed person was physically injured/sick while unlawfully jailed. If so, the damages are tax free, just like more garden variety personal physical injury recoveries.  See IRS To Collect on Italian Cruise Ship Settlements.

What if an exoneree isn’t physically injured? In IRS Chief Counsel Advice 201045023, the IRS said a recovery was exempt, but the IRS sidestepped whether being unlawfully incarcerated is itself tax-free. The Tax Court (and Sixth Circuit) in Stadnyk suggest persons who aren’t physical injured may be taxed. See Why the Stadnyk Case on False Imprisonment Is a Lemon.

There are usually significant physical injuries and sickness but not always. Besides, what about the money just for being locked up?  What if an exoneree gets $50,000 for physical injuries and $450,000 for being unlawfully behind bars?

The loss of physical freedom should be tax-free in its own right. Many exonerated individuals experience severe hardship acclimating to society, finding jobs, housing and reconnecting with family. The Wrongful Convictions Tax Relief Act proposes to allow exonerees to keep their awards tax-free.

According to Congressman Larson, “Though we can never give the wrongfully convicted the time back that they’ve had taken from them, they certainly shouldn’t have to pay Uncle Sam a share of any compensation they’re awarded. This bill will make sure they don’t have to suffer that insult on top of their injury.”

The two Congressmen are right. It is bad social justice and bad tax policy to tax these recoveries.  It is also unfair to leave the tax law murky so some people are paying tax.

For more, see:

Freedom after nearly 25 years of wrongful imprisonment

Wrongful Imprisonment Tax Ruling Stirs Controversy

Tax On Wrongful Imprisonment Needs Reform

Tax-Free Wrongful Imprisonment Recoveries

Should False Imprisonment Damages Be Taxable?

Why False Imprisonment Recoveries Should Not Be Taxable

A ‘Get Out of Jail’ Card That’s Far From Free

Are False Imprisonment Recoveries Taxable?

Robert W. Wood practices law with Wood LLP, in San Francisco.  The author of more than 30 books, including Taxation of Damage Awards & Settlement Payments (4th Ed. 2009 with 2012 Supplement, Tax Institute), he can be reached at Wood@WoodLLP.com.  This discussion is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional.

Justice for Trayvon Martin National March and Rally, March 26, 2012 4:00 pm !


march 23,

WASHINGTON — President Obama did not mention race even as he addressed it on Friday, instead letting his person and his words say it all: “If I had a son, he’d look like Trayvon.”

Weighing in for the first time on the death of Trayvon Martin, the unarmed black teenager shot and killed a month ago in Florida by a neighborhood watch volunteer, Mr. Obama in powerfully personal terms deplored the “tragedy” and, as a parent, expressed sympathy for the boy’s mother and father.

“I can only imagine what these parents are going through. And when I think about this boy, I think about my own kids,” Mr. Obama said. “Every parent in America,” he added, “should be able to understand why it is absolutely imperative that we investigate every aspect of this and that everybody pulls together — federal, state and local — to figure out exactly how this tragedy happened.”

While speaking movingly from his perspective as the father of two girls, one a teenager, Mr. Obama notably made no reference to the racial context that has made the killing of Trayvon and the gunman’s claim of self-defense a rallying point for African-Americans. Since Mr. Obama first began campaigning to be “president of all the people,” as his advisers would put it when pressed on racial issues, he has been generally reluctant to talk about race. And after his historic election as the first black president, Mr. Obama learned the hard way about the pitfalls of the chief executive opining on law enforcement matters involving civil rights.

source : New york time  read here.

This is not a case of death row, but a case of injustice and tragedy.

Trayvon Martin was killed.

In the moments before Martin was shot, he was on his cellphone talking to his girlfriend.

“He said this man was watching him, so he put his hoodie on. He said he lost the man,” the girl told ABC News. “I asked Trayvon to run, and he said he was going to walk fast. I told him to run but he said he was not going to run.”

Law enforcement officials in Sanford, Fla., investigating last month’s shooting of an unarmed black teen by self-appointed neighborhood watch leader George Zimmerman say they may have missed a possible racist remark made by Zimmerman to a 911 operator seconds before he shot 17-year-old Trayvon Martin.

read the case, video on : Huffington post

Uptade march, 22  source CNN

Sanford, Florida (CNN) — After a no-confidence vote and demands for his resignation, pressure mounted Thursday on the police chief of the Florida city where unarmed teenager Trayvon Martin was killed.

Sanford city commissioners voted 3-2 Wednesday night in favor of a nonbinding measure of no confidence against Police Chief Bill Lee. It was not immediately clear what impact, if any, that would have.

City Manager Norton Bonaparte said Thursday that he would like an independent review of police action in the wake of the shooting.

NAACP President Ben Jealous, however, was more forthright. Parents, he said, don’t feel their children will be safe with Lee heading the police department.

“He needs to go right now,’ Jealous said.

Meanwhile, the uproar over Martin’s death continued to grow with another rally planned Thursday night at a Sanford church. The Rev. Al Sharpton was slated to lead that rally before news of his mother’s death.

Martin was fatally shot February 26 while walking to the house of his father’s fiancee in Sanford after a trip to a convenience store. George Zimmerman, a neighborhood watch leader, said he shot the teen in self-defense.

Zimmerman has not been arrested. A police report describes him as a white male; his family says he is Hispanic.

Public outrage over the shooting and police response reverberted well beyond Sanford, a racially mixed Orlando suburb.

Demonstrators crowded New York’s Union Square Wednesday night, in a protest attended by Martin’s parents. Many wore hoodies and carried Skittles, the type of clothing Martin was wearing and the candy he purchased from a convenience store the night he was killed.

CNN videos about Trayvon Martin : watch here

The Wrongful Conviction of David Thorne


David Thorne is serving a life sentence without the possibility of parole for allegedly hiring an acquaintance to kill the mother of his son, however, he never hired anyone nor did the acquaintance do the crime.
Sometime between the evening hours on March 31, 1999 and 12:00 p.m. on April 1, 1999, Yvonne Layne, a mother of 5, was murdered in her home with one solid and steady slit to her throat. 
David Thorne was convicted of complicity to aggravated murder/murder for hire on January 25, 2000 by a 12 person jury.
The police investigating the crime had tunnel vision throughout their investigation, narrowing in on David from the beginning. The investigators were unable to get David to confess, so instead they went after his acquaintance, Joseph Wilkes, who was barely 18 years of age and a high school dropout.  After a lengthy interrogation, during which they told Joseph that David was “next door ratting him out”, he confessed, utilizing the story that the police had fed to him to what the police were telling him happened. Joe took a plea deal and David went to trial.  Despite the lack of physical evidence of either Joe or David being at the scene and a poor police investigation, with very weak circumstantial evidence, an innocent man was convicted. (Read on – click to jump to Case Summary)