Chapter 11: "The Appeal"

Friday, May 29 2008

"The court has before it a sworn affidavit from the current sheriff, then deputy, of Magnolia, in which he recants his previous testimony and states under oath that he found evidence germane to the defense's case the before the original trail had concluded and was pressured by both the prosecuting attorney and the sheriff at that time to, and I quote 'loose that evidence and never mention it again'." The judged paused before continuing, "You have also presented to the court a copy of the forensics report from the state crime lab that clearly states that the only prints on the knife were those of the deceased. Does the state wish to challenge the validity of this evidence?"

Oglethorpe answered meekly, "No your honor."

"How long have you known about this?" One of the other justices enquired.

The man lied, "My office was made aware of it two weeks ago Your Honor. It took that long to verify its authenticity." He had known about it for at least a month ever since Johnny had come to him and asked him to reopen the case. He was just glad that Johnny had omitted that fact in his sworn testimony.

"Does your office have any credible evidence to support the state's previous assertion that the petitioner is guilty of the crime he was convicted?" Came the voice of one of the female justices.

The D.A. answered truthfully, "No Your Honor."

"Then we're prepared to rule." The Chief Justice said before taking a long breath, "We accept the claim by the county and the appellant that the defendant was denied his right to a fair trial as he was entitled to under Article Six of the United States Constitution.

The Court finds that the appellant has demonstrated that there was sufficient creditable evidence available to the prosecution at the time that would have supported the defense's assertion that the decedent was killed in self defense. The court also finds that the then prosecutor actively conspired to withhold evidence germane to the defendant's case from the defendant's attorney. Therefore, we set aside the original verdict and rule in favor of the appellant. Since the county admits that it can produce no evidence to support its original claim that the appellant is guilty of the crime he was charged with, we grant the appellant's motion for acquittal and order his immediate release."

"Where is the original prosecuting attorney?" Demanded the Justice.

They were told, "Mr. Rutledge died two years ago of prostate cancer."

"And where is Sheriff Benson now? For that matter, where are the three other persons who orchestrated this travesty, Doctor Harris and his two nephews Bert and Sammy Oglethorpe?" Asked the Chief Justice.

The county prosecutor answered solemnly, "Sheriff Benson was killed responding to a domestic dispute six years ago and the coroner, Dr. Harris last year from a stroke. Both his nephews are three time losers already serving a life sentence in the state prison at Columbus."

"It saddens me to know that there is very little that the state can do to provide Mr. Barns the justice he deserves after spending so many years in prison." Stated the Chief Justice in disgust. "I speak for every member of this court when I say that in all our combined years of public service we have never seen a greater example of judicial misconduct. The malfeasance committed by not only an officer of the court but also a member of law enforcement is so grievous in nature as to warrant a full investigation by the Attorney Generals office and it is so ordered. Perhaps he can find some way of ensuring that Mr. Barns receives the justice he so rightfully deserves!" Exclaimed the robed magistrate as he banged his gavel down forcefully.

And as the sound echoed the courtroom, after fifteen long years, Ethan Barns was a free man.