Wednesday, April 13, 2005

8 years, 11 months, and 19 days

On July 25, 1984, a nine-year-old girl was found murdered in a wooded area outside of Baltimore, Maryland. She had been sexually assaulted, beaten with a rock, and strangled.

Less than one month later, Kirk Bloodsworth was arrested for the crime. After the press released a composite sketch compiled by five witnesses who claimed to have seen the suspect with the victim, a tipster called the police and said that the composite looked like his neighbor, Mr. Bloodsworth. Mr. Bloodsworth was a former marine with no criminal record. He was married, and he worked as a commercial fisherman. He said he had been home on the day of the crime.

The prosecution based its case against Mr. Bloodsworth on several points:
* An anonymous caller tipped police that Bloodsworth had been seen with the girl earlier in the day.
* A witness identified Bloodsworth from a police sketch compiled by five witnesses.
* The five witnesses testified that they had seen Bloodsworth with the little girl.
* Bloodsworth had told acquaintances he had done something "terrible" that day that would affect his marriage.
* In his first police interrogation, Bloodsworth mentioned a "bloody rock," even though no weapons were known of at the time.
* Testimony was given that a shoe impression found near the victim's body was made by a shoe that matched Bloodsworth's size.

On March 8, 1985, Mr. Bloodsworth was convicted of the sexual assault, rape, and first degree premeditated murder of the nine-year-old girl. A Baltimore County judge sentenced Mr. Bloodsworth to death.

In 1986 Bloodsworth's attorney filed an appeal contending the following:
* Bloodsworth mentioned the bloody rock because the police had one on the table next to him while they interrogated him.
* The "terrible" thing mentioned to acquaintances was that he had failed to buy his wife dinner as he had promised.
* Police withheld information from defense attorneys relating to the possibility of another suspect.

The Maryland Court of Appeals overturned Bloodsworth's conviction in July 1986 because of the withheld information. He was retried, and a jury convicted him a second time. This time, Bloodsworth was sentenced to two consecutive life terms.

After an appeal of the second conviction was denied, Mr. Bloodsworth's lawyer moved to have the evidence released for more sophisticated testing than was available at the time of trial. The prosecution agreed. In April 1992, the victim's panties and shorts, a stick found near the murder scene, reference blood samples from Mr. Bloodsworth and the victim, and an autopsy slide were sent to Forensic Science Associates (FSA) for DNA testing.

On June 3, 1993, FSA issued a report concluding that Mr. Bloodsworth's DNA did not match any of the evidence received for testing. The report further stated that Mr. Bloodsworth could not be responsible for the crime. A Baltimore County circuit judge ordered Bloodsworth released from prison on June 28, 1993. Maryland's governor pardoned Bloodsworth in December 1993. Mr. Bloodsworth was the first man to have a capital conviction overturned based on DNA evidence.

In 2003, the Maryland State’s Attorney announced that a DNA match had been made in the nearly 20-year-old case. That person pled guilty on May 20, 2004 to the murder for which Bloodsworth had been wrongfully convicted. The person who committed the crime had been brought to the attention of the police in 1984; however, the police disregarded the tip and focused on Mr. Bloodsworth instead.

Mr. Bloodsworth spoke at the law school yesterday, along with John Terzano from The Justice Project. As Mr. Bloodsworth told his story, many of us were moved to tears. Mr. Bloodsworth spent 8 years, 11 months, and 19 days in one of our nation’s most brutal prison for a crime he did not commit. Eight years, eleven months and nineteen days. Two of those years were spent on death row.

All moral arguments aside, the truth of the matter is that we cannot create a fool-proof system that ensures with 100% accuracy that every single person on death row is in fact guilty of the crime they are accused of committing. This story is why I am opposed to the death penalty.