My brother has been in jail for over 19 years now and was shown to be innocent of the crimes. However the Louisiana court system wants him to admit guilt in order to get out of prison. I feel that if he didn't do the crime, and there's evidence showing this,why do he have to remain in jail or serve the entire sentence in order not to get on parole. Doe's anyone have any suggestions to how this works? Something is terribly wrong with our judicial system. This has been before 9/11.

I'm confused - there was proof he was innocent but the Court found him guilty?

It sounds like he can't be paroled until he admits guilt and is "sorry" for his crime(s). Is that corect? That is how the system works - in many cases you cannot be paroled until you acknowledge the crime and are remorseful.

If he is also looking for a job - and isn't he still in jail? - he needs to apply and apply and apply.

What was the crime?

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Originally Posted by dcinc

Doe's anyone have any suggestions to how this works? Something is terribly wrong with our judicial system.

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Hello d:

Yeah, there's something wrong with the system...

Be that as it may, over the course of 19 years, there's a lot that has happened in this case, and I don't know about any of it... So, I couldn't just jump in here and tell you what he needs to do next.

I'll assume this much... Since you say he's been proven innocent, it still wasn't enough for an appellate court to grant a new trial. Some appellate courts have ruled that innocence is NOT a bar to conviction, absent error in the proceedings. Yeah, it's crazy. Something is wrong.

If that's true, I'll assume further that he's exhausted ALL his appeal rights, and is considering taking a parole - but they want him to admit his crime before they'll give it to him...

Therefore, he either admits to what ISN'T so, or he rots in the slam. If it's NOT true, he needs to file an appeal.

Besides wanting contrition, they also want to know that a parolee HAS a job before they let him out... So, in answer to your question, I'd say that in THIS economic climate, you're going to need a relative to give him one... You can tell the relative it'll only be for a few weeks at most, if he's worried about it. Your brother can get another job when he gets out. It's the getting out part that's hard.

excon

They will want him to admit guilt, since if he does not and they let him out, he can do a civil law suit against the state for illegal imprisonment. Or at least settle for a large sum of money.

So if there is proof he is not guility, he should

Have his attorney
1. get a pardon from the governor
2. go public and get a public out cry

But then merely not being guilty is not grounds for a new trial either,

Hi, dcinc!

He was "shown to be innocent" by whom, please?

Thanks!