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July 14, 2005

Herbert's Overwhelming Evidence

Bob Herbert checks in with a column on the death penalty today, and it will no doubt be considered a doozy by many on the left, because it presents the holy grail of death penalty opponents: The case that a man was executed despite being innocent.

If Larry Griffin were being tried today for the murder of Quintin Moss, he would almost certainly be acquitted. The evidence is overwhelming that he did not kill Mr. Moss.

Well, overwhelming evidence is always worth hearing, so here's a presentation of the evidence he presents of Griffin's innocence:

Quintin Moss was 19 years old and a locally well-known drug dealer when he was shot 13 times in a drive-by attack on a notorious block in St. Louis known as "The Stroll." A bystander, Wallace Conners, was also shot but not seriously wounded.

Mr. Conners, who knew Larry Griffin, saw the men who drove up and opened fire. He said Mr. Griffin was not one of the men. But he was never called, either by the prosecution or the defense, to testify at Mr. Griffin's trial.

Okay, certainly provocative information there. But without knowing why Mr. Connors was not called it's hard to say whether it's conclusive. Herbert notes that Connors knew Larry Griffin; was he a close friend of Larry Griffin?

The key testimony was given by Robert Fitzgerald, a professional criminal who said he had witnessed the murder and identified Mr. Griffin as one of the shooters. Mr. Fitzgerald was in the federal witness protection program at the time. He had a number of felony charges pending and was an admitted user of heroin and speed.

And that's about it for the "overwhelming evidence" Herbert claims for the innocence of Griffin. One guy says he wasn't there. Another guy says he was. The second guy does appear to have credibility problems, but of course, we are given no information on Wallace Connors' credibility other than the fact that he was not called by either side to testify.

Which I would certainly say is an important indication that maybe, just maybe, Connors didn't have the utmost credibility either.

Posted by pat at July 14, 2005 09:17 PM

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Maybe before you start commenting on whether the evidence is overwhelming or weak, it would help if you did some honest analysis on the most damning parts of it. Instead you jdistill it down to an issue of one guy said he was there, and another guy said he was not.

It is true that one issue in this case is that Robert Fitzgerald's eye witness testimony convicted Griffin. Yes it is true that another eye witness who was not called at the trial, Conners, says that he saw the shooters, and that Griffin was not one of them. Conners can at least prove he was at scence, because he himself took a bullet. He says that Robert Fitzgerald was not at the shooting scene. If that is all we had it would be he said/he said. But that isn't all we have, and that isn't all that Herbert says in his article and that isn't the only information availble for someone who wanted to learn all of the facts instead of expressing an uninformed opinion.


The most troubling issue is that the Police Officer who was first on the scene of the crime has changed his story in favor of Griffin's innocence. That police officer, Micheal Ruggeri, stated in court that when he arrived on the scene, that Fitzgerald was giving medical attention to the murder victim. He now says that when he arrived on the scene that the only people present were the murder victim and the wounded Conners. So you actually have two witnesses who say the Fitzgerald was not there. Also, Ruggeri and Conners both undermine Fitzgerald's testimony concerning why he was at the crime scene. According to Fitzgerald, his car was broken down within 20 feet of the shooting. Conners says, that if there had been a car that close, he would have taken shelter behind it. Instead he lay flat on the ground The police officer says that there was no car there when he arrived.

Ruggeri says that he got a description of the car and the shooters from the wounded Conners and that he did not see Fitzgerald at the scene until 3 or 4 minutes later. He says that he asked Fitzgerald at that time if he saw anything and that Fitzgerald said that he saw nothing.

Note that the reason Fitzgerald was in St.Louis was because he was in the witness protection program as a witness in an unrelated case. The jury didn't believe him in that case and acquitted the defendant. Fitzgerald is now deceased and was unvaiable to investigators.

Another matter of note, is that Griffen pled guitly to another murder but maintained that he was innocent in the Moses's killing.

The original prosecutor discounts the NAACP investigation in part by noting that 30 minutes before the shooting, a police detective saw a man who "looked like Griffin" with someone who was carrying something that looked like a shotgon. The shooters used a handgun and a rifle.

Based upon the information developed by the NAACP , St. Louis Circuit Attorney Jennifer Joyce has reopened an investigation of the case. Although the murder happend 25 years ago, Joyce has assigned two top lawyers to investigate the crime as if it just happened. The NAACP invesigators have provided Ms. Joyce's office with evidence that they believe points to three individuals who actually committed the murder.

It will be interesting to come back and visit this issue when Joyce's office concludes its investigation and talk about credibility. I'll be looking forward to it.

Posted by: KeithS at July 15, 2005 02:24 PM

Keith, those are interesting points, but Herbert didn't include them in his article, so I had no way of knowing about them. The obvious question is why Connors was not called to testify for the defense. There is nothing in the article about Fitzgerald's counsel being incompetent (the usual explanation offered by death penalty opponents for the conviction). The police officer's testimony is interesting, but as Herbert notes:

"The officer says he can't explain why he supported Mr. Fitzgerald's false testimony at the trial."

Well, that's a big red flag. Is he admitting he perjured himself?

I'll admit, the way you and Herbert make it sound, it does seem like maybe the guy was innocent of this particular crime. But the fact remains that he was convicted by a jury which knew a lot more about the case that either you or I.

Posted by: Pat Curley at July 15, 2005 03:53 PM

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