Verdict Is Still Out On Innocence As Defense

by Lias Falkenberg - February 2nd, 2009 - Houston Chronicle

Does innocence matter?

When I posed that question in a column last week on death row inmate Larry Swearingen’s innocence claim in federal court, I was unaware of the state of Texas’ long-held official answer.

The next day, attorney Gerry Birnberg sent me the link to the transcript of the 1992 oral arguments before the U.S. Supreme Court in the landmark case Herrera v. Collins.

I was appalled by what I read.

The State of Texas argued before the nation’s highest court that it was OK to execute an innocent person, as long as he got a fair trial.

If this surprises you, then you need to wake up. Any doubt of just how corrupt our court system has become is proven by the fact that lawyers actually argue gibberish such as this in our highest courts. And our Judges listen! Rulings are made that are just as insane as the arguments.

The American Court system has long since abandoned any pretense at justice because they feel that any definition of justice is too complicated to follow. They have settled on a much easier solution. They define 'justice' as whatever they decide. How convenient. No great agony over a complicated definition. No need to concern yourself with actual innocence or guilt. Once twelve raving lunatics said 'guilty' the Judges can walk away and wash their hands. It is not their problem.

Does this seem reasonable to you?