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-   -   Guilty with reasonable doubt (https://www.askmehelpdesk.com/showthread.php?t=775849)

  • Nov 19, 2013, 06:28 PM
    richard wetzel
    Guilty with reasonable doubt
    Can I sue the state of nc for ignoring over whelming proof of innocence presented for retrials , clemmency pleas and parole hearings , he died in prison after 54 yrs. Ie:Frank Wetzel's jury foreman quote in 1958 for the shooting deaths of 2 nchp
  • Nov 19, 2013, 07:22 PM
    ma0641
    You can try to sue but under what grounds? What proof of negligence? Negligence on who's behalf?
  • Nov 19, 2013, 09:08 PM
    richard wetzel
    the parole board for making up reasons to deny . Example, he might return to life of crime [he was 81] model prisoner with only 8 write ups in 54 yr. no fights or violence on record.
    NC paroled over 2 dozen killers that served less than half the time of my brother. The Gov. 's that denied him clemency despite the overwhelming proof of his innocence. The eyewitnes recanted and said it was not Frank. He had to drive 100 mi. in 1 hr. then 48 mi. in 22 min. to kill the NCHP . Easley was Att. General before he made Gov. and very familiar with this case. Yet he denied him freedom . He was 1 of 3 we requested. They all knew he was innocent and did nothing but ignore the facts they used to put him away.
  • Nov 19, 2013, 09:10 PM
    J_9
    Your question, and response, is very cryptic and hard to understand. We are not familiar with the case, can you please try to make it easier for us to understand? Thanks!
  • Nov 19, 2013, 09:45 PM
    ScottGem
    Bottom line is no. A judge and, presumably a jury, found him guilty and the appeals process ran through to the end. Obviously someone did not believe ther4 was overwhelming evidence as you do.

    You can file suit, but it will never see the light of day.
  • Nov 19, 2013, 09:56 PM
    richard wetzel
    Quote:

    Originally Posted by ScottGem View Post
    Bottom line is no. A judge and, presumably a jury, found him guilty and the appeals process ran through to the end. Obviously someone did not believe ther4 was overwhelming evidence as you do.

    You can file suit, but it will never see the light of day.

    So even if the gov. has been presented proof of innocence he can't release or grant clemency? What about a parole board that used reasons that were well outside the guidelines and rules laid down by the USSC? Goggle Frank Wetzel;
    See Helen Fogarassy.s web site for more info.
  • Nov 20, 2013, 07:36 AM
    ScottGem
    I'm not going to spend my time researching this (at least not now). I'm sure you believe there is compelling evidence against the government action. But unless you can prove malfeasance, which would be almost impossible to prove, I doubt if there would be any case.

    Think about it, you are trying to use the court system to attack the court system. It just is not going to happen.

    Clearly you are feeling pain and anger over whatever happened. Maybe those feelings are affecting your thinking, maybe you do have a reasonable cause. But I think its time to move on.
  • Nov 20, 2013, 07:46 AM
    joypulv
    We (the public) see cases overturned all the time, but most of them only after a lot of work by rights projects or a pro bono attorney, such as the young man (Ferguson) recently.
    He might be able to sue somebody, not sure who, because the DA withheld evidence from defense, a common violation of rights. But that was clouded by the testimony of his accomplice and by a witness.

    You don't say anything about trying to overturn the case during the 54 years. You don't even say when the witness recanted. You want US to look it up. Where have you been all this time?

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