A True Story of Crime and Punishment Essay

A true story of how a human race was tried, convicted, and sentenced to goal, May God corroborate Mercy exposes the imperfections in the evil justice system and how it led to the death of an innocent man. Roger Colemans case became the main story on perpetuallyy night newscasts and prominent television shows such as Larry King Live, Nightline, Good dayspring America, and the Today Show. Many crucial, yet harmful decisions were made that ultimately resulted in an innocent mans execution at the death domicil in Greensville, Virginia. The police, the prosecutor, and the Judge can all be held responsible for Colemans death. However, the reason Roger Coleman was non acquitted of the massacre of Wanda McCoy in the front conduct and thus in a position to be executed was because his skipper lawyers, Steve Arey and Terry Jordan, did non fork up him with adequate re portrayation, as required by the Constitution of the United States of America.Steve Arey and Terry Jordan were you ng, inexperienced lawyers who should puddle never even up been considered for a capital case. Judge Persin, the presiding Judge in the case, however, decided on these two gentlemen because separate more experienced lawyers refused to take the case because of the enormous financial sacrifice it would require. Albeit public speculation that Judge Persins foregoing profession as a prosecutor had led him to heavily promote the prosecution, his decision stood. The two prosecutors who Arey and Jordan would be opposed by were Mickey McGlothlin and tom turkey Scott. Both prosecutors had far more experience than the defence mechanism lawyers, but that didnt stop Judge Persin from appointing Arey and Jordan to the case. It was an obvious mismatch, intentional or non, and was just the graduation of many problems that would arise for the defendants case.The murder of Wanda McCoy took place in Grundy, a small townspeople in Virginia. The year was 1981, and Brad McCoy, Wandas husband, ar rived home from work to find his wife dead, the apparent victim of a brutal rape and murder. The police investigated the crime scene, recorded witness reports, and searched for suspects. When they identify their prime suspect, Roger Coleman, the police made the arrest. Due to the negative public touch sensation that had generated following the arrest, Coleman demanded that his lawyers file for a change of venue with the court. Since Grundy was such a small town, it wouldbe very difficult to pick an impartial control panel to give Coleman a sportsmanlike trial. Every person in the town had to have read or construct outn something on the murder. The situation that the police provided sibyllic conclusive rise against Roger Coleman and made it public, many of Grundys residents wanted to see Coleman sentenced to death.Steve Arey had been preparing the case to present to Judge Persin, but at the last minute, he notified Terry Jordan that he would not be able to attend cod to a pr ior engagement. Areys lack of respect for Coleman and the case in general leave Terry Jordan with a crucial decisionwhether to prove a protraction or to argue the motion himself. He chose to present the case himself. The confessions decision to argue the motion was a terrible decision. Not only should Jordan have sought a continuance because he was not prepared to argue the case, but neither of the disaffirmation lawyers lawyers had done any research or made any bm to obtain show to support their case for a change of venue, and for a couple of newspaper clippings and a picture of the hanging-tree sign. The prosecution, on the other hand, had gotten approximately fifty affidavits from members of the town claiming that they did not have any prepossess feelings about the case. As expected, Judge Persin denied the change of venue request, and impressively plume the tone for Roger Colemans trial.The beginning of every trial begins with opening masterys, which provide the jur y with a preview of the evidence they testament provide and what it will effectively show. A lawyers opening democracyment is in all probability the most important part of the entire trial, and usually puts the jurors leaning favourably towards the side with the more convincing performance. Like any other criminal case, the burden of proof lies with the prosecution. They are required to prove beyond a reasonable doubt that the defendant empowerted the crime. Mickey McGlothlin presented an organized and cogent opening secernatement that gave the jury the impression that Roger Coleman was guilty based on the significant amount of evidence against him.The falsifications opening statement should have attacked the evidence that the state provided, and also attacked McGlothlins credibility. The defensesopening statement should have consisted of a description of the friendly human relationship that existed between Roger Coleman and the McCoys. It also should have also included Col emans exculpationPhilip VanDykeand the fact that VanDykes age card reinforces the time that he said he was with Coleman and the time that he clocked into his job. Arey and Jordan also had an hazard to smear McGlothlins credibility by referring to evidence that he failed to bring up in his opening argumentthe pry mark on the door, the distressed fingernails on the victim but no scratches on Coleman, and that the substance form on the victim was soil, not coal dust, which had been on Colemans clothes.The defense counsel didnt refer to any of those facts. No scientific evidence was brought up, and it failed to respond to McGlothins statement that there was evidence that Coleman had in fact admitted to committing the crime. The opening statement was a complete disappointment for Coleman. It started to raise questions deep down of Coleman of whether his own defense lawyers thought he was guilty and therefore were not putting the time or effort in to prove his innocence. In either case, his defense lawyers had presented a completely inadequate opening statement, and it left the jury with the feeling that Roger Coleman was guilty.In addition to failing to present a solid and influential opening argument, another major problem with the defense counsel was their extreme lack of preparation for the trial (their own witnesses and the states witnesses). Before the Coleman case, Terry Jordan had never tried a murder case, a rape case, any case involving channel or vibrissa analysis or a criminal case of any contour that lasted more than one day (112). Being from Grundy, Jordan should have interrogateed most if not all of the local witnesses, but that did not happen. He did not interview all of police subroutiners that were investigating the crime nor did he interview Dr.McDonald, who was the first one to sample Wanda McCoys body and who estimated her time of death. He did not interview Hezzie McCoy, Dr. Oxley (the doctor who performed the autopsy), or even Elm er substance, who was the states roue and hairs-breadth expert. In fact, Jordan cross-examination of Elmer Gist was solely based on Gists report about hair comparisons and one on blood analysis. He had not read anything about blood or hair analysis, because if he had, he would have been more capable of performing an effective cross-examination of the states most crucialwitness.Terry Jordan also failed to conservatively examine the physical locations that could have led to Colemans innocence and acquittal. He never actually went inside the house where the murder took place, nor did he examine the door to see if there was any evidence of forced entry. He never examined the bathhouse where Coleman said his pants got wet from, and he did not go to the mine where Roger worked. The route that Coleman supposedly took that night was never bygone over to see how long it took and to see if there was time for him to commit the crime given the stops that he made prior to the murder. Jordan did not look for other witnesses who the state had not identified, and he did not ever ask for VanDykes time card, an essential piece of evidence. No photographs were taken at any point, making everything that was presented in court non-visual. Visuals would have made the defenses case much powerfuler. Steve Arey had interviewed most of the aforesaid(prenominal) witnesses that Jordan interviewed, along with a couple other defense-alibi witnesses.The state was heavily successful in the case to begin with because of their experience in criminal cases, as opposed to the defense counsels lack of experience in such cases. As expected, Judge Persin ruled in favor of the state and Roger Coleman was sentenced to death. Many criminal cases are appealed after their conclusion, and this case was no different. The defense has thirty days to file a Notice of greet with the Court. The defense prepared their appeal and mailed it to the Court. However, the attorney generals office told the defe nse that they had filed the appeal one day late and that it would not be accepted. This was another huge mistake by the defense. Although a legal trivia should not be the cause for an innocent mans evidence to be withheld, the law specifically stated that a Notice of Appeal must be filed within thirty days of the Judge sign the order that rejected all of the defenses arguments. The defense had lost(p) a crucial deadline and Roger Coleman would be punished because of it. The defense would not be able to get the Court to listen to their case again and this would at long last lead to Colemans death.The fact remains that neither Terry Jordan nor Steve Arey conducted a thorough enough investigation to really present a strong case to oppose the prosecution. Roger Coleman was never really given a fair trial, and it ultimately led to his conviction and death. His lawyers failed to use the evidence that was available to get their client acquitted. Their inexperience and lack of motivatio n resulted in an innocent mans death. There were many opportunities for the defense counsel to question witnesses, to try out experts opinions on the forensic evidence, and to insert new evidence to support Roger Colemans case, but they did not do so. Jordan and Arey should have never been appointed as Colemans counsel, and that alone made Colemans chances of acquittal slim to none. Roger Coleman was never given a fair chance, even later on in the process before he was executed, however, his defense lawyers performed well below the standards that a man on trial for his life deserves. Their terrible mistakes and decisions led to the death of an innocent man.