Wednesday, December 1, 2010

Dave Diamond on Morrison Pardon

Dave Diamond, of send us this note:

Professor, [I] have a newer, developing story to share with you, just passed on to me here. As you can see, it has come out that a witness has come forward and admitted perjury! This adds to the already growing list of technicalities and legal/constitutional flaws associated with this matter, as our basis for making the request to Governor Crist in the first place:

1. Witnesses lied
2. Unresolved appeal, case never abated- as was done in the Ken Lay/Enron trial
3. No one on the Morrison jury under the age of 40- Morrison was 26, hardly a jury of his peers
4. Jury found him not guilty on public intox, which he clearly was
5. Jury found him guilty on the indecent exposure, the one thing the State could not prove beyond a reasonable doubt
6. Not all of Morrison's accusers were called to testify, denying his right to face his accusers (all of them)
7. Presiding Judge refused to allow defense to present exonorating evidence

Professor, this case in itself is a textbook "how NOT" to prosecute someone, no matter who they are. I'll take the beating by some in the press, who think this case is a waste of time, but as an avid reader of many constitutional cases, this case is insane!

The more one reads into this case, the more shameful it is that this case has been allowed to stick to the Florida lawbooks all these years! Not only are we standing by our longstanding request for posthumous pardon, but we're going to seriously have to explore how to go about getting this thing dismissed / expunged. This case has to be an embarassment to Florida law! Some in the press have pelted me with "Why bother with this thing?" My response? We believe the Constitution applies retroactively, for the living and the deceased. The general accepted assumption all these years is that this case died when Morrison died. Nope! My team and I did not "re-open" this case, Professor- it was never officially closed! Thank you, as always....

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