Daniel Gwynn Blog Update
Date: 8/29/13
Subject: Congratulations Dennis!!

James Dennis received a new trial this month, and his death sentence has been vacated. The DA has 180 days to re-try him or release him. A Federal Court Judge declared that the prosecutor at Dennis' trial violated his constitutional rights by withholding exculpatory evidence that could've affected the outcome of the trial. The Judge stated that Dennis was an innocent man wrongfully convicted.

The misconduct by the prosecutor in Dennis' case is a prevalent trend with the DA's office just out to win a case. It's not about justice; and I wonder if it ever was? Prosecutors not disclosing evidence to the defense; lying to the courts; turning a blind eye to perjured testimony & false evidence; ignoring shoddy police investigations; and overzealous persecutions for headlines. When did truth & justice no longer become relevant?

The Due Process Clause of the 14th Amendment to the U.S. Constitution requires a prosecutor to disclose favorable evidence to the accused. Defense counsel is entitled to rely on the presumption that the prosecutors will fairly discharge their official duties, and that the prosecutor shall not act as the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation is to govern impartially and whose interest, therefore, in a criminal prosecution is not that it shall win the case, but that justice shall be done.

These malfeasant prosecutors, whose misconduct is coming to light due to these multiple overturned convictions & sentences has made a name for themselves and advanced their careers off of these cases. These malefic prosecutors has not only devastated the lives of many innocent men & women they've incarcerated, but also the lives of the families of both the prisoners as well as the deceased. The stresses endured by both of these families over the many years are too numerous & never ending, especially for a child with a parent on death row. The stresses endured over decades of appeals causes so much heartache, hardships & trepidation (both financially & emotionally) only to realize that they've got the wrong man.

It's a shame that these malfeasant prosecutors get to ride off into the sunset, advancing to bigger & better careers after all of the destruction left in their wakes. And the DA's office is no better as they perpetuate the malfeasance of their predecessors by keeping the innocent man incarcerated or put to death. Where is the justice?

Finally, James Dennis has found a bit of justice, and I CONGRATULATE him.