Is Justice Blind, Or Merely Fatally Flawed?

There is a lot to commend about the American system of jurisprudence. It is widely held to be at the top of the heap, as far as sifting through the rubble of mass mayhem that afflicts our society, and discerning with Solomon-like wisdom, when, where, or whether to split baby Justice. Yet, for all our advances, there are times, or more appropriately cases that prompt us to scratch our collective heads, and like Arsenio Hall, say, “hmmmm!”

The case of Lee Wayne Hunt is shaping up as one such instance. Mr. Hunt has spent 21 years in prison, convicted largely on the weight of a now disavowed technique of assaying forensic evidence, known as comparative bullet lead analysis. The theory underlying this now defunct process held that by analyzing the lead composition of a bullet, the weapon used to fire it could be identified.

The FBI popularized and stood behind this science and methodology for years. But recently the Bureau revealed they have determined the process to be flawed, unreliable, and misleading. In fact, they stopped using it more than two years ago. One small (not really) hitch…they did not inform the hundreds of defendants in prison due to the evidence gleaned from the use of the technique. Further, neither did they did not advise law enforcement agencies across the Country, still using the process to leverage convictions.

As if this were not enough to call into question Mr. Hunt’s conviction, his co-defendant, Jerry Cashwell, allegedly confessed to his attorney that he alone committed the double murder for which Hunt was also convicted. That admission was made 20 years ago, the co-defendant subsequently committed suicide 5 years ago while serving the same double life sentence as Hunt, and yet the Court of Appeals denied Hunt a new trial.

Not only did the Court deny Mr. Hunt a new trial, but there are indications Staples Hughes, the attorney who revealed Cashwell’s admission may lose his license for violating attorney-client privilege. This confluence of circumstances has influenced a former North Carolina Supreme Court Chief Justice, I. Beverly Lake, Jr., to join Mr. Hunt’s defense team.

Former Justice Lake has a pre-existing interest in remedying wrongful convictions. He established the NC Actual Innocence Commission to review and evaluate felons’ claims of innocence. When describing his motivation for creating the Commission, former Justice Lake said, “I wanted to improve the public’s confidence in the system.”

By signing-on with this case, Lake, a long-time republican, provides instant credibility, and underscores the position this is not just a weak case promoted by liberal defense lawyers hoping to expand their agenda. It is still unknown whether Mr. Hunt will prevail in his efforts to secure a new trial, but one thing that is known is his case has attracted a powerful and respected ally. It is courageous and principled acts such as this one by former Justice Lake that model virtue we hope for in our system of jurisprudence.

Indeed, Lady Justice may be blind (as in objective), but many of the operatives responsible for meting out fairness and equality are fatally flawed. This case highlights examples of placing the rigid application of rules before dispensing justice. Former Justice Lake has taken a moment to call out and call upon his former peers to “do the right thing.” I will be watching with keen interest to see how this matter unfolds. I hope you will too!

That’s what I think. What do you say?

Holla Back!


Read my blog anytime by clicking the link: http://thesphinxofcharlotte.blogspot.com/, or by Googling thesphinxofcharlotte. A new post is published each Wednesday.

To read and learn more about Lee Wayne Hunt, click on the links below:

http://www.charlotte.com/opinion/story/377634.html

http://www.washingtonpost.com/wp-dyn/content/article/2007/11/17/AR2007111701641_pf.html

http://www.newsobserver.com/news/crime_safety/story/804540.html

http://www.cbsnews.com/stories/2007/11/16/60minutes/main3512453.shtml

http://www.starnewsonline.com/article/20071202/EDITORIAL/712020343

http://www.fayobserver.com/article?id=278633

http://www.wbt.com/news/details.cfm?article_id=34326

http://www.abajournal.com/news/pd_faces_ethics_complaint_for_telling_of_dead_clients_confession
http://truthinjustice.org/lee-wayne-hunt.htm

http://barbarasblogspot.blogspot.com/2007/11/lee-wayne-hunt-i-am-innocent-cbs-60.html