In looking at the Milgaard Inquiry report, trying to find an explanation of 'who did what that led to what went wrong', I came across this quote in the Executive Summary:
"In the practice of the day, [Prosecutor] Caldwell did not see the complete police file. He received some police reports, but not all, and reviewed 95 civilian statements at the request of defence counsel Tallis, looking for evidence tending to show that the accused might be innocent. [Similarly] Caldwell's disclosure to Tallis met the standards of the day ... [but] did not disclose evidence of certain sexual assaults in the area in 1968 ... Evidence of these assaults, had they been known to Tallis at the time, might have led him on lines of inquiry ... that the murder could have been committed by a third party, thus possibly raising a reasonable doubt of Milgaard's guilt. This non-disclosure was the product of an honest, if mistaken, belief by Caldwell that the evidence was not useful to the defence. By present standards, such evidence would have been disclosed as a matter of course ..."
By present legal standards, certainly, but one would think by moral standards, even then ...
Thursday, September 24, 2009
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