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Connick v. Thompson: Clarence Thomas writes one of the cruelest Supreme Court decisions ever.

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mahatmakanejeeves Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-06-11 11:22 AM
Original message
Connick v. Thompson: Clarence Thomas writes one of the cruelest Supreme Court decisions ever.
Edited on Wed Apr-06-11 11:39 AM by mahatmakanejeeves
I knew this country was finished as of December 12, 2000. This is just another nail in the coffin.

Connick v. Thompson: Clarence Thomas writes one of the cruelest Supreme Court decisions ever.

Cruel but Not Unusual
Clarence Thomas writes one of the meanest Supreme Court decisions ever.

By Dahlia Lithwick
Posted Friday, April 1, 2011, at 7:43 PM ET

....
One of the reasons the truth came to light after 20 years is that Gerry Deegan, a junior assistant D.A. on the Thompson case, confessed as he lay dying of cancer that he had withheld the crime lab test results and removed a blood sample from the evidence room. The prosecutor to whom Deegan confessed said nothing about this for five years. While Scalia pins the wrongdoing on a single "miscreant prosecutor," Ginsburg correctly notes that "no fewer than five prosecutors" were involved in railroading Thompson. She adds that they "did so despite multiple opportunities, spanning nearly two decades, to set the record straight." While Thomas states the question as having to do with a "single Brady violation," Ginsburg is quick to point out that there was far more than just a misplaced blood sample at issue: Thompson was turned in by someone seeking a reward, but prosecutors failed to turn over tapes of that conversation. The eyewitness identification of the killer didn't match Thompson, but was never shared with defense counsel. The blood evidence was enough to prove a Brady violation, but it was the tip of the iceberg.

In the 10 years preceding Thompson's trial, Thomas acknowledges, "Louisiana courts had overturned four convictions because of Brady violations by prosecutors in Connick's office." Yet somehow this doesn't add up to a pattern of Brady violations in the office, because the evidence in those other cases wasn't blood or crime lab evidence. Huh? He then inexplicably asserts that young prosecutors needn't be trained on Brady violations because they learned everything in law school.

....
But this case is of a piece with prior decisions in which Thomas and Scalia have staked out positions that revel in the hyper-technical and deliberately callous. It was, after all, Scalia who wrote in 2009 that "this court has never held that the Constitution forbids the execution of a convicted defendant who had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent." It was Thomas who wrote that a prisoner who was slammed to a concrete floor and punched and kicked by a guard after asking for a grievance form had no constitutional claim.

The law awards no extra points for being pitiless and scornful. There is rarely a reason to be pitiless and scornful, certainly in a case of an innocent man who was nearly executed. It leads one to wonder whether Thomas and Scalia sometimes are just because they can be.
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rurallib Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-06-11 11:36 AM
Response to Original message
1. man, this guy needs to go.
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demosincebirth Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-06-11 11:45 AM
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2. Useless as a slug. Sad thing is that a democratic controlled senate
confirmed him.
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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-06-11 11:46 AM
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3. "Well, somebody's gotta hang for that murder, and as far as I can see it may's well be this fellow
seems none of us know him, and if we just go ahead and hang him now, we can all be home by suppertime"
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barbtries Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-06-11 11:50 AM
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4. recommend
reading the whole thing. thomas and scalia are pigs.
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Doctor_J Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-06-11 01:40 PM
Response to Original message
5. Stupid, corrupt, amoral liar
I am so pissed that he wasn't impeached when we had the House.
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StopTheNeoCons Donating Member (608 posts) Send PM | Profile | Ignore Wed Apr-06-11 01:56 PM
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6. ALL right wingers are sociopaths, violent and scornful of life...nt
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Jefferson23 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-06-11 05:01 PM
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7. But we expect this from Thomas, Kennedy should know better. n/t
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