INNOCENT

http://Mediafilter.org/guest/Pages/February.10.1998.00.21.41

This Event Happened in KNOXVILLE, TENNESSEE
pm3-92.cococo.net.

Mr. Leonard Hutchison spent 14 years in prison for a crime he did not commit! Why? Because the police and District Attorney's used false evidence and perjured testimony, yes perjured testimony, to convict Mr. Hutchison. The first trial ended in a hung jury. But the second did not. He was convicted of second-degree attempted murder and spent every day after that trying to prove his innocence. The shooting occurred during an attempted auto theft. The investigators and police collected large amounts of physical evidence from the scene including, burglary tools, bloody clothing, and pictures of the parking lot. Mr. Hutchison, when arrested, also had tools collected from his home as "evidence". The tools were then sent to the FBI crime lab for analysis to see if they could have been used to inflict the damage that had been done to the vehicle, ie. the ignition removed and so on. The results of the lab reports clearly indicated that his tools COULD NOT have been used to do this damage. No question about it. At trial, the jury heard a different story. First, the prosecutor in question did not give the reports to the defense because he said they were inconclusive. Then, at trial the prosecutor, with the aide of the investigating officers, showed the jury how Mr. Hutchisons tools were used on the car, clearly putting him at the scene of the crime. As earlier established by the FBI, his tools could not have been the tools used. Finally, a detective in the case testified that the tools matched according to the lab report! Interestingly enough, this was the very detective that initiated and requested the tests to be done on Mr. Hutchison's tools. Next, the FBI had been involved in an independent investigation of auto theft rings in Knoxville, Tennessee at this time. During this investigation, they uncovered evidence that strongly suggested that another individual committed this crime. They reported this to the District Attorney's office after conclusion of the undercover investigation and the District Attorney's office initiated a TBI investigation regarding these discoveries. The TBI came up with the same conclusions. However, none of this information was given to the defense, nor Mr. Hutchison until he had spent several years in prison, although the TBI investigation was over well before the decision was rendered on his direct appeal. Finally, if this were not enough, the District Attorney's office had physical evidence in it's possession from the beginning that indicated that another individual had committed this crime. There was a blood soaked shirt that was collected from an individual that had threatened the victim just prior to the shooting. This shirt, as well as the one worn by the victim were sent to the lab to see if the blood matched. This was prior to the availability of DNA testing. Unknown to the defense, 2 blood group factors did match. When the technology of DNA testing became available years later,( and used in many states to free wrongly convicted individuals and make the truly guilty stand trial ) the shirts DISAPPEARED! This is not the first time that Tennessee Courts have allowed crucial evidence to disappear from records. Interestingly enough, it is the very evidence that would clear the accused as to guilt. Finally, if perjury, deliberate tampering with evidence, and nondisclosure of clearly exculpatory evidence is not enough, a juror has now stepped forward and said that he could not live with the idea of sending an innocent man to prison without saying something. He was speaking directly about the tools and how they were presented to the jury. It was all lies! Deliberate! One has to ask if they even cared that the real perpetrator has never paid for this crime. Mr. Hutchison won his case at the trial court level on the FBI findings in their separate investigation alone. BUT, the Tennessee Criminal Court of Appeals has overturned that decision and now, he could face more time in prison. Mr. Hutchison is well over 50 now and his wife, since his release has battled breast cancer, and thankfully, has appeared to have won that battle. But the system here in Tennessee does not seem to have relief for a man that no one really doubts is innocent of this crime. The Tennessee Criminal Court of Appeals notes that while this evidence is clearly exculpatory, the District Attorney's office cannot be expected to turn over evidence collected by a federal agency! The duty of the State in criminal cases is to seek justice. They are different that defense attorney's in that they represent the people and until the accused is convicted, must uphold certain constitutional rights of the accused. It is more than unethical to use perjured testimony and false evidence to convict an innocent man. Keep in mind that while deciding to prosecute this man using evidence that was clearly flawed, the investigation led the State down different paths which they intentionally ignored simply because it would hurt their case against Mr. Hutchison. This is not seeking justice. So now Mr. Hutchison must again attempt to seek justice in a system that clearly does not value actual innocence! If you would like confirmation of these events and details, simply contact the Knoxville News Sentinel in Knoxville, Tennessee. There are fairly current articles about Mr. Hutchison covered in this paper as well as the Knoxville Journal. Now, as you watch your evening news and they describe the evidence being presented against the accused, just remember, Mr. Hutchison's case was covered also. I sometimes wonder just how investigative, investigative journalists are. Do they really have scientific evidence that links the accused to this crime? Make no mistake, it's not a question of whether someone should pay for these crimes, let's just try to make it the right someone's! An innovative idea? Or is it that as long as someone pays who cares? I suppose the only way to see how much the public cares is to see how many voices respond. Mr. Hutchison and his family need your support, voice, and prayers. Without enough attention, the public will not hear his cries from the depths of the Tennessee Judicial system and he will again be lost! If you are interested in assisting Mr. Hutchison, contact Phil Hanby of the Knoxville Journal. Thank you for visiting and taking the time to read and respond.

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