Two Appeals: Who Wins? Who Loses?

Anyone convicted of a crime is allowed to appeal. That's our legal system, and it's a good one. It prevents defendants from being railroaded in a county where these things happen with great regularity. It can also be used to overturn perfectly legitimate convictions on a minute technicality. Sometimes the criminal wins...but more often the innocent lose. Let's look at two recent winning appeals.

First, Jason DeWayne Green in Franklin County. Here's a Facebook post from a member of his victim's family:

I think I'll kill someone. I'll do it in Russellville, AL so I'll do minimal prison time even if I'm sentenced to 19 years. That's apparently how things work. My cousin Shay Ledlow was shot and killed by her boyfriend. He shot her, then put a lit cigarette in her right hand, put the gun in her left hand and called 911 to report a suicide. First of all Shay was right handed, second of all the gun barrel was too long for her to have turned it on herself. He was free for a very long time then he was sentenced to 19 years. (Which is not nearly enough for a murder to begin with). 

Now he's out of prison to get a new trial! Who does that? So if you disagree, you just get new lawyers and get out of jail? What is this Monopoly, get out of jail free card? He got out in October for a new trial to be held in March, that was put off until August and now again until December. So let me make sure I get this...You can kill someone in cold blood, be prosecuted, sentenced even though that isn't a long enough sentence, then get OUT of prison indefinitely while you await another trial that keeps being put off to whenever! 

Jason Dewayne Green is a monster who should NOT be walking the streets! He should rot in prison for what he did. He should at MINIMUM be in prison for as long as Shay Nicole Ledlow is dead! Russellville has some crooked politics if you ask me and Green is paying someone to keep him out of prison or postpone that trial. This calls for public outcry. Something stinks...maybe rotten government and murderers walking free! Feel free to share. I'm not ashamed to tell the truth!

We were totally surprised by the verdict being overturned on what we consider a specious argument. Yet it happened. Yes, Green is free, but we hope it's only temporary. Franklin County juries are notoriously hard to predict, so no one should count on any particular verdict until the jury foreman reads it in court.

Next, we have Lauderdale County and the attempted murder conviction of Timothy Vincent Murphy. Murphy had no criminal record, but obviously had mental problems or he wouldn't have been the object of a commitment in the first place. We believe he belongs in a place where he'll receive mental health treatment...and the state prison system certainly isn't that place.

Judge Ben Graves Erred

A state appeals court says Lauderdale County Circuit Judge Ben Graves committed a serious error in not allowing a private mental evaluation of Murphy. Why Graves would have ruled this way is a mystery, but as we pointed out during the campaign for this office, his only experience in a courtroom seems to have been in Florence Municipal Court. 

On that note, how much is an appeal of this appeal and a retrial (if it comes) costing the citizens of Lauderdale County? How many more errors will be made and ultimately appealed? 

Oh, well, it's only (our) money...