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David Protess

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The Murder of Innocence

Posted: 12/06/11 11:14 AM ET

They were young and in love, three happy couples from different times and places. They were planning to raise children and spend the rest of their lives together. They could not have imagined that they would die together without fulfilling their dreams, violently murdered at the hands of the lowest of the low, poster boys for the death penalty.

***

Carol Schmal and Larry Lionberg, a white couple from the south suburbs of Chicago, had just become engaged on a warm spring day in 1978. Wanting to be together that night, Carol kept Larry company while he manned the overnight shift at a suburban gas station. They probably didn't notice the four men who pulled into the station -- until it was too late.

Abducted at gunpoint, Carol and Larry were driven to an abandoned townhouse in a poverty stricken, mostly black community. Carol was gang-raped, then shot twice in the head. Larry was shot, execution-style, in the head and back. Their bodies were discovered the next morning by neighborhood kids.

Based on a call from an informant, police arrested two black men, and later picked up two more for questioning. All four were charged when their female friend swore she saw them commit the crime. She knew details that only a credible witness would know, the authorities said.

Her testimony, the corroborative account of another witness, and lousy alibis were enough to convict the men. Two were sentenced to death, the other two to long prison terms.

Carol and Larry's family members were content that justice was done and awaited news of the executions.

***

Karen and Dyke Rhoads were newlyweds. Married less than a year in the small town of Paris, IL., both held down jobs in a tough economy and were talking about having their first child.

On the weekend of July 4, 1986, they were about to turn in for the night when intruders broke into their home, startling the couple as they lay in bed. Within minutes that must have seemed like an eternity, Karen and Dyke were stabbed more than fifty times until they suffocated on their own blood. Then the killers set the house on fire. The fire department discovered their charred remains.

Police said they were stumped until a resident of the town came forward claiming she knew who had killed Karen and Dyke. The witness said it was the handiwork of a couple of good ol' boys from the town. The motive: a drug deal gone bad. She was present for the crime and accurately described a vase that had been broken in the couple's bedroom, even producing the knife she said was the murder weapon.

When another witness confirmed her story, both men were arrested, charged and convicted of murder and arson. One got death, the other life.

Karen and Dyke's family members were content that justice was done and awaited news of the execution.

***

Marilyn Green and Jerry Hillard were two sweethearts from Chicago's South Side. Aug. 15, 1982 was special to them, the day of an annual parade through their neighborhood. There were marching bands and floats, a few hours when violent crime took a back seat to public celebration.

As Marilyn and Jerry sat in the bleachers in a park that adjoined the parade route, a gunman approached and opened fire. Jerry was hit in the chest and killed instantly. Rushing to help, Marilyn was shot in the throat. She stumbled from the bleachers and collapsed dead.

A man who was leaving the swimming pool near the bleachers said he witnessed the murders. He positively identified the shooter as a thug from the neighborhood. Another man in the park said he'd been robbed by the same thug in the same park moments before he shot the couple.

Charges, conviction and death sentence quickly followed.

Marilyn's mother was not so sure that justice was done, but the witness's testimony had been convincing and no one cared what she thought, so she awaited news of the execution.

***

Four poster boys had been added to the rapidly growing death row population in Illinois. They waited to die for sixty years collectively as death penalty proponents howled at the length of time between sentence and execution.

Trouble was, the men were innocent.

Dennis Williams and Verneal Jimerson were wrongfully convicted and condemned for murdering Carol and Larry. Co-defendants Kenneth Adams and Willie Rainge were also innocent. Randy Steidl was wrongfully convicted and condemned for murdering Karen and Dyke. Co-defendant Herb Whitlock was innocent, too. And Anthony Porter -- who had come within 50 hours of execution -- was wrongfully convicted and condemned for murdering Marilyn and Jerry.

The witnesses had lied. All of them. Later, they claimed that police had coerced their statements, or they had come forward to get rewards or other perks. The details of the crimes that had made the witnesses credible? Turns out they had been provided by police during questioning. The knife? The blade wasn't long enough to inflict those gaping wounds. The broken lamp? Accidentally broken by firefighters trying to extinguish the blaze.

Yet the witnesses had convinced judge after judge, jury after jury and every appellate court in the land that the men in these cases were guilty. In the end, the justice system failed to catch the injustice it had created. It was outsiders -- volunteer lawyers, private investigators, reporters and even journalism students -- who proved the men were innocent through witness recantations, confessions by the actual killers and DNA tests.

And these innocent men are not alone. During the last three decades, 135 other death row inmates have been exonerated in 26 states, according to the Death Penalty Information Center. In most cases, the wrongful convictions had occurred because of false witness testimony.

***

Exonerations can be bittersweet for family members of murder victims. The siblings of Carol and Larry were in the courtroom with Dennis Williams and Kenneth Adams when one of the actual killers was sentenced -- to life. "We're truly sorry for what happened to you," Carol's sister tearfully said to the innocent men whom she had mistakenly hated for eighteen years. "We know your pain will never go away, but we hope you take consolation in the truth," Williams replied.

In Paris, IL, the Rhoads family had become increasingly dubious about the guilt of the prisoners ever since a state police lieutenant, Mike Callahan, had re-opened the investigation into the murders. Callahan had concluded both men were innocent and a well-connected businessman may have been behind the crime. When Callahan was yanked from the investigation because his superiors said it was "too politically sensitive," the family knew the case smelled. They were glad to see Randy Steidl and Herb Whitlock released, but wondered if there ever would be justice for Karen and Dyke.

On the South Side of Chicago, Marilyn's mother was relieved that Anthony Porter had been freed and the real perpetrator brought to justice. She did not want the wrong person executed in her daughter's name. Still, she shook her head at the sentence: 37 years for the same crime that had brought Anthony Porter to within two days of execution.

Twenty-nine years have passed since Marilyn and Jerry were murdered, a quarter century since the slayings of Karen and Dyke, and 33 years for Carol and Larry.

For their families, all that remains are sweet memories, tattered pictures and fading images of the poster boys for execution who turned out to be as innocent as their loved ones.

 
They were young and in love, three happy couples from different times and places. They were planning to raise children and spend the rest of their lives together. They could not have imagined that the...
They were young and in love, three happy couples from different times and places. They were planning to raise children and spend the rest of their lives together. They could not have imagined that the...
 
 
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01:53 PM on 12/15/2011
I know some about the legal system in Holland and iam amazed everytime i hear or see juries system go wrong.Also the kind of punshment what is now in the USA. The problem with juries is clear. They sit and hear and view an case and feelings start to work. That is dangerus!Justica was not blind without a reason!!In Holland only the system works with a case. Yes we have witnesses to. But there story wil be looked at careful.And can never only be used for putting some in jail. We have hardly any reward for solving a crime. Also the kind of jailtime and the way it works is fot us very strange.You think by putting somebody in jail you can manage crime
01:53 PM on 12/15/2011
. That is totaly wrong. Also the 3 or 4 ''strike and your out'' is not working and its making only the crime more violence. Most criminals have a reason for to commit a crime. That reason isnt away by the 3th or 4th time they go wrong. But the push to commit a more seriouse crime is easy.They know if its going wrong they go for life in jail, so they have nothing to lose anymore.And together with the easy acces to firearms your just asking for more and heavyer crimes..For being safe you need more than much police and many ppl in jail. Look to oure country. Very vew in jail and litle and low crime rates , and a general safe feeling for the Dutch ppl.We can walk in every town in every place on every time free and we feel safe.And as the USA tourist say''you dont see police, but i feel safe''. Isnt that not a nice way to manage your system?
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Michael Lee Smyth
a nomadic view
02:46 AM on 12/14/2011
One of the first things Juries need to learn is that the worst witness is the eye witness. I have friends in England who are flabbergasted at the way they see our legal system working.
Their claim is this: In the UK they gather all of the available evidence and then see where the evidence points as to suspects. In the US they seem to figure out who it will be the easiest to pin it on and then gather as much evidence to that end as they can.

In these examples as in many others, this is pretty much what happened. I would not give a whole lot of credence to a witness who was paid off through rewards of a reduced or thrown out sentence. In a few cases there are actually financial considerations at work.
Justice is really not what most folks think it is...police corruption such as this is quite common.
08:10 AM on 12/08/2011
I am for the DP, period. Articles like this just want me to make it more airtight. Cops and prosecutors who withhold exonerating evidence should do serious time, people who bear false witness, should do serious time. EVERYONE facing capital punishment should have every and all tests made available to them, at least three times, after that.......goodbye. The reason why it costs so much to execute someone vs life, is misleading because the LAWYERS make it expensive at every step, appeal this, appeal that and they are getting paid one way or another. DNA tests about 2k per shot, other tests about the same, all said and done 'MAYBE" 20K and then goodbye vs the 50k i and others will have to pay every year for someone who has proven they cannot live among us.
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David Protess
10:52 AM on 12/08/2011
Thanks for posting your views. I understand the sentiments, but wonder if the death penalty ever can be "airtight." Can any system run by the government be infallible? After all, the decision-makers are the lawyers you decry (justifiably so in many cases), elected officials, judges and jurors. With that mix, something is bound to go wrong, no?
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Michael Lee Smyth
a nomadic view
02:49 AM on 12/14/2011
I favor the Death Penalty when the murderer has confessed or the evidence is incontravertible. Such as the case in Michigan recently where the man was storing his dead wife's torso in the garage freezer, hard to argue with that.
Far to many times it seems the death penalty is a reward to the prosecution because the defendant cannot afford a five star legal team.
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blpilot43
Live the good life... adopt a Rock Drummer!
09:29 PM on 12/07/2011
This article takes me back to my CRJ (Criminal Justice) classes in college where CRJ was my declared minor. One of my biggest concerns studying Criminal Justice in school was how many crimes had unreliable or sketchy, at best, investigated findings... yet it always seemed that the DA's in these cases wanted a conviction... and fast!
Witness(?) payoffs and late night garage deals have always seemed to rule many jurisdictions when election time is closing in.
Excellent and enlightening article, Mr. Protess.
BL
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David Protess
10:03 AM on 12/08/2011
Thanks, BL. You're right about too many prosecutors seeking convictions as if they're notches on a gun belt. The results can be tragic both for innocent prisoners and the family members of crime victims. As for witnesses, a study of all the DNA exonerations shows that more than 75% were based on false witness testimony. The Innocence Project has proposed model reform legislation to reduce the error rate. We should demand nothing less of our state legislators.
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Michael Lee Smyth
a nomadic view
02:53 AM on 12/14/2011
I know that Texas and Virginia had to be prevented by court order from destroying "old" DNA evidence once the Supreme Court said it could be used for the purpose of exoneration.
These folks were re-elected by the voters. The hard line right wing has always been very pro death penalty, it will always be an election issue. It should be a common sense issue, but what about politics makes sense anyway,,,
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snowmanjny
Real Americans believe in an educated opinion.
12:19 PM on 12/07/2011
My stomache is doing back flips. This is a painful article to read. Will we ever have an effective justice system?
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Michael Lee Smyth
a nomadic view
02:53 AM on 12/14/2011
Not as long as elections are bought and paid for.
11:13 PM on 12/06/2011
As the sister of murder victim in California I can only say that I hope what happened in Illinois does not stay in Illinois. California will have the opportunity to replace the death penalty with swift and certain justice in November 2012. I strongly urge support for thIs ballot initiative which will leave room for human error in our justice system and will save California tax payers one billion dollars over the next five years
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David Protess
09:41 AM on 12/07/2011
I am sorry for your loss. Thanks for reminding us of the California initiative and pointing out that the costs of the death penalty are both human and financial.
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lainey
Always remember Troy Davis.
06:02 PM on 12/06/2011
And yet, Mr. Troy Anthony Davis was on death row and died, solely on eye witness account, though 7 of the 9 recanted. This occured on September 21, 20011 at 11:08pm while virtually anyone who had the TV on in America and throughout the world saw it. This is more than a travesty, it is a matter of human rights violations. This must end. Abolish the death penalty on a federal level. Follow the EU model Mr. President and make these United States a place where state sponsored killing is no more.
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David Protess
06:58 PM on 12/06/2011
Indeed, Lainey, executions predominately result from convictions based on witness identifications in crimes just like the three I described. New Jersey and other states are considering reform legislation that would make such identifications far more accurate. If that happened, would you still favor abolition?
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lainey
Always remember Troy Davis.
07:25 PM on 12/06/2011
Dear David, I always favor abolition. I do not believe that the state has right to kill: Innocent or guilty, I don't believe that state-sponsored killing solves or resolves anything. In my heart, I believe it to be wrong. To me, it is a stain on our collective soul. Kindness.
05:06 PM on 12/06/2011
OMG....stories like these are quickly changing my mind. Sometimes when you read about these crimes that are so heinous, you want the alleged perpertrators to suffer also, but not at the cost of taking another innocent life.
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David Protess
06:53 PM on 12/06/2011
Please tell us what your mind was thinking before, and more about what you're thinking now. I've found that stories about horrible crimes reveal a lot about the human spirit, bringing out the best and worse of us, yes?
05:00 PM on 12/06/2011
David:

Are you unawrae of how false and misleading trhis is?:

You write: "During the last three decades, 135 other death row inmates have been exonerated in 26 states."

Virtually all knowledgebale folks in this debate have known, for years, that this is compeletely misleading information.

The 130 (now 138) death row "innocents" scam
http://homicidesurvivors.com/2009/03/04/fact-checking-issues-on-innocence-and-the-death-penalty.aspx

Here is a complete review, in the comment section. Richard Dieter, the head of the Death Penalty Information Center, participates in a lengthly discussion of the "exonerated innocents" removed from death row on the Dallas Morning News Death Penalty Blog.

LINK: http://deathpenaltyblog.dallasnews.com/archives/2010/04/why-exonerated-needs-to-be-use.html

It is a rare look at how well destroyed the EXONERATED list is and how it has been so deceptively used by the anti death penalty movement.
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David Protess
06:48 PM on 12/06/2011
Hi Dudley:

It's good to hear from you, as always. Needless to say, if I thought it was false and misleading, I wouldn't have asked HuffPost to publish it. Readers can check out the Web site of the Death Penalty Information Center and click on the hyperlinks I inserted for every debatable assertion. They also can click on your links. Then they can decide for themselves. I trust my readers, including you, whom I would never accuse of intentionally making false and misleading statements.
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isfturtle
11:57 PM on 12/07/2011
The burden of proof is on the prosecution. If there is some evidence that, at the trial, could have created reasonable doubt, then it needs to be examined. In a few cases, the exonerated have in fact received certificates of innocence. And in some other cases, including the ones above, another person was later convicted of the murder.
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David Protess
10:07 AM on 12/08/2011
Yes, it's quite common in wrongful conviction cases for exculpatory evidence to be withheld from the defense. As for the burden of proof, with horrific crimes like the ones I described, the defendant is presumed guilty. Thanks for your post.
04:14 PM on 12/06/2011
This was REALLY an incredible article. Makes you realize the disgust and confusion towards the "witnesses" and how the justice system is so obligated to make convictions based on sympathy and emotion, and not on the facts. David Protess, you have won my heart.
05:09 PM on 12/06/2011
I agree....Mr. Protess this was a great article! Looking forward to reading more of your writings.
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David Protess
06:41 PM on 12/06/2011
Thank you kindly, Michele. You can find other posts about the criminal justice system by clicking on my name above. Comments always welcomed, whether favorable or unfavorable.
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David Protess
06:38 PM on 12/06/2011
That's kind of you to say, nelandquinten. I wrote it for the family members of the murder victims whose voices are too often ignored in the discussion about wrongful convictions. I'm glad it moved you to post.