{"id":375,"date":"2015-03-24T08:13:01","date_gmt":"2015-03-24T08:13:01","guid":{"rendered":"http:\/\/freerodneystanberry.com\/blog\/?p=375"},"modified":"2015-03-24T08:39:25","modified_gmt":"2015-03-24T08:39:25","slug":"rodney-k-stanberry-innocent-and-incarcerated-18-years-and-counting","status":"publish","type":"post","link":"https:\/\/freerodneystanberry.com\/blog\/?p=375","title":{"rendered":"Rodney K. Stanberry- Innocent and Incarcerated, 18 years and Counting"},"content":{"rendered":"

March 24th<\/sup>, 2015<\/p>\n

Rodney K. Stanberry- Innocent and Incarcerated, 18 years and Counting<\/p>\n

Today, March 24th<\/sup>, marks the 18th<\/sup> year that Rodney K. Stanberry has spent in prison for crimes he did not commit.\u00a0 He is now beginning his 19th<\/sup> year in prison, with a scheduled release date of March 2017.\u00a0 Imagine what it is like to spend 18 years in prison, imagine spending 18 years in prison as an innocent man.\u00a0 It is the epitome of injustice. The sad reality is that in our judicial system, once one is convicted, the chance of obtaining freedom from a wrongful conviction is very high. It is estimated that between 2.3% to 5 % of prisoners are innocent. According to the webpage for the Innocence Project, even if 1% of all prisoners are innocent, that would mean that approximately 20,000 prisoners are innocent (http:\/\/www.innocenceproject.org\/faqs\/how-many-innocent-people-are-there-in-prison<\/a>) also see http:\/\/freerodneystanberry.com\/blog\/2012\/07\/22\/a-step-in-the-right-direction-giving-the-wrongfully-convicted-a-chance-at-justice\/<\/a>.\u00a0 \u00a0However, the number exonerated has not come even close to the approximate number of wrongful convictions.<\/p>\n

Far too many district attorneys are more concerned with upholding a conviction than they are with seeking the truth. It was encouraging when the district attorney in Glenn Ford\u2019s case came forward and apologized for his and his office\u2019s role in convicting an innocent man. Here is a quote from Attorney Marty Stroud, III who prosecuted Glenn Ford. It is a must read as he takes responsibility for his actions and chastises the state for its attempt to deny Ford compensation.\u00a0 Unfortunately, Ford spent 30 years in prison for crimes he did not commit. To quote from Stroud\u2019s editorial:<\/p>\n

“Glenn Ford should be completely compensated to every extent possible because of the flaws of a system that effectively destroyed his life. The audacity of the state’s effort to deny Mr. Ford any compensation for the horrors he suffered in the name of Louisiana justice is appalling\u2026..<\/p>\n

There was no technicality here. Crafty lawyering did not secure the release of a criminal. Mr. Ford spent 30 years of his life in a small, dingy cell. His surroundings were dire. Lighting was poor, heating and cooling were almost non-existent, food bordered on the uneatable. Nobody wanted to be accused of “coddling” a death row inmate.<\/p>\n

But Mr. Ford never gave up. He continued the fight for his innocence. And it finally paid off.<\/p>\n

Pursuant to the review and investigation of cold homicide cases, investigators uncovered evidence that exonerated Mr. Ford. Indeed, this evidence was so strong that had it been disclosed during of the investigation there would not have been sufficient evidence to even arrest Mr. Ford!<\/p>\n

And yet, despite this grave injustice, the state does not accept any responsibility for the damage suffered by one of its citizens. The bureaucratic response appears to be that nobody did anything intentionally wrong, thus the state has no responsibility. This is nonsensical. Explain that position to Mr. Ford and his family. Facts are stubborn things, they do not go away.\u201d” http:\/\/www.shreveporttimes.com\/longform\/opinion\/readers\/2015\/03\/20\/lead-prosecutor-offers-apology-in-the-case-of-exonerated-death-row-inmate-glenn-ford\/25049063\/<\/a><\/p>\n

If only more prosecutors came forward to talk about a wrongful conviction in an honest way. It was also encouraging to read that the Texas State Bar has \u201cfiled a formal accusation of misconduct against the county prosecutor who convicted Cameron Todd Willingham, a Texas man executed in 2004 for the arson murder of his three young daughters.\u201d https:\/\/www.themarshallproject.org\/2015\/03\/18\/willingham-prosecutor-accused-of-misconduct<\/a> \u00a0If Willingham is, indeed, innocent, he will not be able to experience what it feels like to be exonerated for the State of Texas executed him. Like college student Timothy Cole<\/a>, who died in prison during the 13th<\/sup> year of his incarceration, Willingham and so many others who languished in prison hoping that the system would correct itself got the ultimate sentence, death- for Cole, it was death via an asthma attack in prison and for Willingham, death at the hands of the state.\u00a0\u00a0 Sadly, I don\u2019t envision the Alabama Bar Association filing such grievances and I can\u2019t come close to envisioning Mobile County District Attorney Ashley Rich acknowledging the role of the DA\u2019s office in convicting innocent people. When Mobile District Attorney Ashley Rich, for example, is presented with evidence that a prosecutor in her office engaged in prosecutorial misconduct, the response is to deny, deny, deny is strong.<\/a>\u00a0 Keeping the innocent and guilty in prison is part of the game for too many district attorneys who wish to hide behind a jury\u2019s verdict even when prosecutors withhold evidence demonstrating that the accused may actually be innocent. It is worth noting that the prosecutor in Glenn Ford’s case apologized to the victim’s family for giving them a false sense of closure and to the members of the jury for not having all of the information that should have been disclosed to them.<\/a>The drive to get and to uphold the conviction is so very strong, too strong to really adhere to the notion that it is better to let 10 guilty free than one innocent person to suffer.\u00a0 Too many prosecutors can\u2019t or won\u2019t distinguish between the guilty and the free in the convict at all costs game that is played.\u00a0 The truth becomes a casualty of war in the convict at all costs game.<\/p>\n

Alabama Board of Pardons and Paroles<\/b><\/p>\n

It is not just district attorneys, but parole boards make it difficult for the innocent to obtain freedom.\u00a0 Brendan K. Kirby just published a piece entitled \u201cHow Do Alabama Parole Board Members Decide Whom to Release? Think \u2018American Idol.\u201d http:\/\/www.al.com\/news\/index.ssf\/2015\/03\/how_do_alabama_parole_board_me.html#incart_river<\/a><\/p>\n

I truly wonder how closely parole boards are looking at records of an inmate. Further, decisions regarding whether or not an inmate should be granted parole should not take just a few minutes.\u00a0 I will not rehash Rodney\u2019s parole hearings<\/a> here, but I did have concern about the number of cases the Alabama Board of Pardons and Paroles heard on the day of Rodney\u2019s most recent parole hearing. Here is what I wrote:<\/p>\n

“On August 28th<\/sup> (2013), the day of Rodney\u2019s parole hearing, there are, by my count, 80 pardon and parole hearings scheduled to be heard by the same 3 people. If they hold hearings from 8-5 and take a lunch break in between, the Alabama Board of Pardons and Paroles will be hearing more than 10 cases and hour! (I know they begin at 8 on a first come first save basis. People start signing up at 6:30\/7am, I am not sure if they conclude at 5 or before, but I will check). We can only hope that the members of the Alabama Board of Pardons and Paroles are carefully reviewing each case before the hearing. By the way, there are more than 40 cases on the previous day- I stopped counting at 40. There are so many reforms that need to be made. The innocent truly has a slim chance at justice once incarcerated.”\u00a0https:\/\/www.facebook.com\/groups\/freerodneykstanberry\/<\/a><\/p>\n

An \u201cAmerican Idol\u201d reference does not begin to address the serious nature of just three parole members\u00a0 deciding the fate of individuals in a manner similar to a mass production assembly line.\u00a0 These decisions should not be made in this manner; this should not even be the perception. Again, I won\u2019t rehash Rodney\u2019s \u00a0parole hearings<\/a> here, but if the wrongfully convicted can\u2019t get relief through the court system, through the parole board, through DA\u2019s who are not conscientious about the innocent who are incarcerated, they end up marking year, after year, after year, after year in prison, while people who are actually guilty get relief, some by telling the parole board that they are remorseful for the crimes they have committed. If you are innocent of committing a crime, you can express sadness over a tragic event, but not remorse in the form of taking ownership of the crime committed. This results in a travesty of justice that persists throughout one\u2019s entire sentence. At Rodney\u2019s parole hearing<\/a> it was said that Rodney has deluded himself into thinking that he is innocent and that there would be no protests when he served out his full sentence. It is not at all ironic that an inmate who is innocent of the crimes for which he is accused can\u2019t bring up innocence as a condition of parole, but those opposing his parole can make statements that the inmate has not owned up to a crime as part of their plea to keep an inmate in prison.<\/p>\n

I would not wish a wrongful conviction on any person or on any family. \u00a0We need to elect district attorneys who do not wait 30 years after a wrongful conviction to apologize; rather, we need to elect district attorneys who take steps to address wrongful convictions from they day they are sworn into office. When current Mobile District Attorney Ashley Rich was running for office, I inquired about wrongful convictions with both she and her opponent. It has been disappointing to see the level of denial that has come from her office with regard to wrongful convictions. It is up to the public to elect district attorneys who seek truth and justice, and not to offer a false sense of closure. Reporters in Mobile, Alabama and throughout the nation, must report on wrongful convictions during these campaigns. \u00a0Here is a sample of my inquiry during the 2010 Mobile District Attorney’s race.\u00a0<\/a><\/p>\n

Peace,<\/b><\/p>\n

Artemesia Stanberry<\/b><\/p>\n

www.freerodneystanberry.com<\/b><\/a><\/b><\/p>\n

Please read\u00a0http:\/\/freerodneystanberry.com\/blog\/2013\/08\/06\/can-a-person-be-two-places-at-once-the-wrongful-conviction-of-rodney-k-stanberry-2\/<\/a> and \u00a0http:\/\/bostonreview.net\/us\/who-shot-valerie-finley<\/a><\/p>\n

Below is an annual timeline of events that I post each year:<\/b><\/p>\n

\u00a0<\/b><\/p>\n

\u00a0<\/b><\/p>\n

\u00a0<\/b><\/p>\n

\u00a0<\/b><\/p>\n

\u00a0<\/b><\/p>\n

\u00a0<\/b><\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a01997- March 24<\/b>th<\/sup><\/b>\u00a01998- Year 1<\/b>\u00a0Adjusting to Prison Life- A Foreign Concept to an innocent man who had never been in prison.<\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a01998-March 24<\/b>th<\/sup><\/b>\u00a01999- Year2(1<\/b>st<\/sup><\/b>\u00a0letter from NAACP stating that they could not assist in this case)<\/b><\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a01999- March 24<\/b>th<\/sup><\/b>\u00a02000- Year 3(1<\/b>st<\/sup><\/b>\u00a0letter from the Mobile District Attorney\u2019s Office:http:\/\/freerodneystanberry.com\/yahoo_site_admin\/assets\/docs\/20100914154832.256154014.pdf<\/a>)<\/b><\/p>\n

Rodney \u201ccelebrates\u201d his 30<\/b>th<\/sup><\/b>\u00a0birthday in prison<\/b><\/p>\n

March 24<\/b>th<\/sup><\/b>-2000-March 24<\/b>th<\/sup><\/b>\u00a02001- Year 4<\/b><\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02001-March 24<\/b>th<\/sup><\/b>\u00a02002<\/b>– Year 5- Rule 32- Post Conviction Hearing for New trial Denied<\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02002-March 24<\/b>th<\/sup><\/b>\u00a02003<\/b>– Year 6<\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02003-March 24<\/b>th<\/sup><\/b>\u00a02004-<\/b>\u00a0Year 7 \u201cGuilty Until Proven Innocent\u201d WKRG TV- 5 (Mobile, AL Report (http:\/\/www.youtube.com\/watch?v=cEVURKsGoMI<\/a>)<\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02004-March 24<\/b>th<\/sup><\/b>\u00a02005-<\/b>\u00a0Year 8(October 18, 2004-Parole Hearing- Parole Denied)<\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02005-March 24<\/b>th<\/sup><\/b>\u00a02006<\/b>– Year 9<\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02006- March 24<\/b>th<\/sup><\/b>\u00a02007<\/b>– Year 10 Important Interview on Dr. Wilmer Leon\u2019s show, featuring Rodney\u2019s supervisor who testified and provided work documents during trial that Rodney was at work (he also spoke at Rodney\u2019s second parole hearing):http:\/\/freerodneystanberry.com\/blog\/?attachment_id=119<\/a><\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02007- March 24<\/b>th<\/sup><\/b>\u00a02008-<\/b>\u00a0Year 11<\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02008- March 24<\/b>th<\/sup><\/b>\u00a02009<\/b>– Year 12 Election & Inauguration of First African American President- a lot of change since Rodney\u2019s arrest in 1992.<\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02009-March 24<\/b>th<\/sup><\/b>\u00a02010<\/b>– Year 13\u00a0\u00a0(July 8, 2009- Parole Hearing- Parole Denied)<\/p>\n

Rodney \u201ccelebrates\u201d his 40th<\/sup>\u00a0birthday in prison.<\/p>\n

\u201cTime Served, Or Justice Denied in Alabama,\u201d An article in Lagniappe Mobile written by Bill Riales about Rodney\u2019s case. (June 2009,http:\/\/classic.lagniappemobile.com\/article.asp?articleID=2332<\/a>\u00a0)<\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02010- March 24<\/b>th<\/sup><\/b>\u00a02011<\/b>Year 14 Ashley Rich is elected to replace Mobile District Attorney John Tyson, Jr.<\/p>\n

During the campaign she was asked about what she would do if a prosecutor withheld evidence- You can listen to her response\u00a0here:\u00a0<\/b>http:\/\/freerodneystanberry.com\/blog\/wp-content\/uploads\/2012\/07\/u7am0916AshleyRich1.mp3.<\/b><\/a><\/p>\n

She seemed very adamant about the issue and said that the integrity of every conviction is important to her.<\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02011-March 24<\/b>th<\/sup><\/b>-2012<\/b>Year 15<\/p>\n

Shortly after her swearing in, Rodney K. Stanberry supporters from around the country called her office and signed a petition in support of his release.This put Rodney\u2019s case on her radar screen as District Attorney, not simply as candidate for the office.As stated:[District Attorney Ashley Rich] has received so many calls that she asked her new investigator to call around to see why people were calling. In honor of her first year as DA, I am asking that people call to follow up to see what she is doing with regard to [Rodney\u2019s] case. More importantly, I\u2019m asking people to ask her to take steps to either get the Attorney General to investigate Rodney\u2019s case, retry or release him immediately.<\/i>http:\/\/newsone.com\/1809115\/rodney-k-stanberry-is-alabama-still-the-land-of-jim-crow\/<\/i><\/a><\/p>\n

Journalist Kirsten West Savali was able to get District Attorney Ashley Rich\u2019s Office on record to discuss Rodney\u2019s case. You can read that interview here:http:\/\/newsone.com\/1809115\/rodney-k-stanberry-is-alabama-still-the-land-of-jim-crow\/<\/a><\/p>\n

March 24<\/b>th<\/sup><\/b>\u00a02012- March 24<\/b>th<\/sup><\/b>\u00a02013<\/b>Year 16<\/p>\n

LagniappeMobile<\/i>\u00a0calls for an innocent project, the editorial includes the following: \u201cAnother case I believe needs an independent look is that of Rodney Stanberry, who has been in jail for murder for roughly 20 years now.\u00a0A Lagniappe story in 2009<\/a>\u00a0detailed the very shaky circumstances surrounding his conviction.\u201d (Nov 2012:http:\/\/classic.lagniappemobile.com\/article.asp?articleID=5978<\/a>)<\/p>\n

March 2013:<\/b>\u00a0Investigative Journalist Beth Schwartzapfel completed and published her investigation in the\u00a0Boston Review<\/i>.You can read it here: \u201cWho Shot Valerie Finley: Why Is One Man\u2019s Innocence So Hard to Prove\u201d http:\/\/www.bostonreview.net\/BR38.2\/beth_schwartzapfel_valerie_finley_innocent_convictions.php<\/a><\/p>\n

In this article, she includes the confession by Terrell Moore, a confession that the District Attorney\u2019s Office worked to suppress BEFORE Rodney\u2019s trial, even as he confessed in front of the prosecutor and was given immunity from prosecution if he did so, AGAIN, before Rodney\u2019s trial. You can read the confession here:http:\/\/freerodneystanberry.com\/yahoo_site_admin\/assets\/docs\/20100914155256.256155350.pdf<\/a>\/20100914155256.256155350.pdf.<\/p>\n

But here is a portion of investigative journalist Beth Schwartzapfel\u2019s article as it relates Moore appearing before Rodney Rule 32 Post Conviction Hearing:<\/p>\n

\u201cAside from Mike Finley, Taco Jones, Tyrone Dortch, and five of Rodney\u2019s coworkers who testified at Rodney\u2019s trial, there was one additional person who would not have corroborated everything that Valerie said: Terrell Moore. Hoping that Terrell would finally \u201ccome clean,\u201d as he had promised Ryan Russell he would, Knizely called him to the stand at the hearing. Terrell seemed prepared to testify.<\/i><\/p>\n

But Knizely had no sooner asked Terrell his name than Martha Tierney, the assistant district attorney, jumped in. \u201cJudge, I hate to interrupt Mr. Knizely, because I have the world of respect for him,\u201d she began, \u201cbut if Mr. Moore is going to testify about the things we anticipate he will testify about, and I\u2019m concerned this is a state forum, and that he would take this stand unrepresented and with no grant of immunity to make statements that could have life consequences for him. I just wish that the Court be apprised of that and our concern about that, sir.\u201d<\/i><\/p>\n

\u00a0Knizely was incredulous. \u201cJudge, from our understanding, the State\u2019s [position is that] the man\u2014he has no credibility. And are they are telling us now they are going to prosecute him if he confesses to it?\u201d<\/i><\/p>\n

\u00a0It was a good question. If the district attorney\u2019s office truly believed, as it had maintained all along, that Rodney was guilty and Terrell was (for some inscrutable reason) lying about his involvement, then why threaten to prosecute him? To prosecute him, the state would have to believe he was guilty. It would have been almost impossible for both Terrell and Rodney to be guilty, since one story contradicted the other. And yet Tierney was simultaneously defending the verdict against Rodney and threatening to prosecute Terrell. It seemed she was trying to scare Terrell off the stand in order to preserve Rodney\u2019s conviction. The Mobile District Attorney\u2019s office did not respond to multiple requests for comment, submitted via email, by phone, and in person.<\/i><\/p>\n

\u00a0Tierney pressed on. \u201cIf he comes in here and says \u2018it\u2019s me pals,\u2019 then it\u2019s goodbye sunlight for the rest of his living life, and he\u2019s young,\u201d she said.<\/i><\/p>\n

\u00a0Finally, after some additional back-and-forth, Knizely was allowed to proceed. \u201cMr. Moore,\u201d he began, \u201cyou recall whenever a lady named Mrs. Finley was shot? Do you remember back in those days when you were called as a witness in this case?\u201d<\/i><\/p>\n

\u00a0Tierney interrupted again. \u201cJudge, may I object sir, for one minute? Could you just, Your Honor, if I may respectfully ask that at least you instruct him that he does have the right under the Fifth Amendment not to make any statements.\u201d<\/i><\/p>\n

\u00a0\u201cI thought I just did that,\u201d McRae said, \u201cbut I\u2019ll do it again. Under the Fifth Amendment of the Constitution,\u201d he told Terrell again, \u201cyou do not have to answer any question which could even possibly incriminate you. Do you understand that?\u201d<\/i><\/p>\n

\u00a0\u201cYes, sir, I understand it.\u201d<\/i><\/p>\n

\u00a0\u201cOkay, proceed,\u201d McRae said. But Tierney interrupted again.<\/i><\/p>\n

\u00a0\u201cAnd that the State would use anything he says today, Your Honor, against him.\u201d<\/i><\/p>\n

\u00a0\u201cThe State can and may,\u201d the Judge said.<\/i><\/p>\n

\u00a0\u201cYes, Your Honor, I understand,\u201d Terrell said, \u201cand I plead the Fifth Amendment.\u201d<\/i>http:\/\/www.bostonreview.net\/BR38.2\/beth_schwartzapfel_valerie_finley_innocent_convictions.php<\/a>\u201d<\/p>\n

Year 18- Parole Hearing\/ Parole Denied<\/b><\/p>\n

After Rodney was denied parole for a second time, it was hoped that he would be granted parole at his 3rd<\/sup>\u00a0parole hearing.\u00a0 Again, Rodney had everything a parole board would look for, but his not being guilty may have played a role in his remaining in prison. A member of the victim\u2019s family told the parole board that Rodney had deluded himself into believing he is innocent. When inmates come before the parole board, the parole board wants to hear that they are guilty and express remorse .Rodney refuses to say he is guilty for crimes he did not commit. It doesn\u2019t matter that he has jobs lined up, family support, sponsors, supporting letters from co-workers, friends and even, as occurred during his previous parole, a letter from the arresting officer, the parole board wants to hear that a person is guilty. \u00a0Rodney \u00a0faces the prison dilemma of the wrongfully convicted:\u00a0NYTIMES<\/a>.<\/p>\n

Below you will find links to articles and news reports concerning Rodney\u2019s parole hearing:<\/p>\n

Here is a\u00a0WKRG TV<\/a>\u00a0(Mobile, AL) segment shortly before his parole hearing, a\u00a0WKRG segment<\/a>\u00a0after his parole hearing, and a\u00a0Mobile Press Register article before<\/a>\u00a0and\u00a0after his parole hearing.<\/a>\u00a0 Here is another piece published in the Boston Review regarding his parole denial.\u00a0 It is entitled\u00a0Rehabilitation, Remose, and Innocence: Rodney Stanberry Tries for Parole<\/a>. (Beth Schwartzapfel was runner up\u00a0<\/a>for a prestigious journalism award\u00a0for her investigative piece about Rodney\u2019s case)<\/p>\n

As Rodney begins his 18th<\/sup>\u00a0year of incarceration, will Mobile County District Attorney Ashley Rich work to release Rodney K. Stanberry?<\/p>\n

This is a true travesty of justice.<\/p>\n

Contact Mobile District Attorney Ashley Rich at (251) 574-6685 orashleyrich@mobileda.org<\/a>\u00a0or her Chief Investigator Mike Morgan at (251) 574-8400 ormikemorgan@mobileda.org<\/a>.<\/p>\n

 <\/p>\n

Peace and Sincerely,<\/p>\n

Artemesia Stanberry<\/p>\n

http:\/\/www.yourblackworld.net\/2012\/11\/black-news\/black-community-rallies-to-re-open-the-case-of-rodney-k-stanberry\/<\/b><\/a><\/p>\n

Please join us on Facebook:<\/p>\n

https:\/\/www.facebook.com\/pages\/Free-Rodney-K-Stanberry\/228205690552328<\/a>\u00a0andhttps:\/\/www.facebook.com\/groups\/freerodneykstanberry\/<\/a><\/p>\n

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