Re: Convicted -- autistic, no attorney, life in prison
- From: suebasko@xxxxxxxxx
- Date: Mon, 26 Nov 2007 22:19:31 -0800 (PST)
At trial, Paul was represented by a good attorney, who lacked
experience in death penalty-eligible cases. There is also reason to
think the judge was biased. The appeals, as explained, were bollixed
up due to being half-written. The second appeal lacked the mandatory
affidavits so all issues had to be not counted. The habeas corpus
petition was filed one day late.
Paul's mother represented him at the Clemency Petition hearing. From
what I gather, she did a great job. She did not need to be a lawyer
to do that. ANd she did a great job! The Prisoner Review Board sent
the petition on to the Governor, who can either sign or not, as he
pleases. That is why we are asking for signatures.
The accountability law in Illinois was actually misstated by the
prosecutor and the jury convicted based on that misstatement. Once a
person has been convicted, VERY FEW appeals are won -- I think I have
read it is less than 7%.
The trial took place under a media frenzy regarding the Brown's
Chicken case. In the courthouse cafeteria where the jury was eating
lunch, newspapers were in the racks with front-page articles saying
Modrowski was the "prime suspect" in this mass murder case. Which was
ludicrous-- he had nothing to do with it. He was just an autistic kid
who kind of scared people by looking "odd." The judge did not then
grant a mistrial or change of venue.
If you need to know anything else, just write. -- Sue
On Nov 26, 6:37 pm, Larry <x...@xxxxx> wrote:
In article <hoc89njpnfj2.u7fnzli1tuer$....@xxxxxxxxxx>,
richard <s...@xxxxxxxxxx> wrote:
On Sun, 25 Nov 2007 18:54:29 -0800 (PST), susanba...@xxxxxxxxx wrote:
Paul Modrowski, who was wrongfully convicted of the murder of Dean
Fawcett, is seeking release from prison. Modrowski, autistic, and
then 18 years old, was convicted of Murder 1 on an "accountability"
theory for supposedly lending his car to the supposed killer - who was
acquitted. Modrowski was then sentenced to life in prison with no
possibility of parole. He has been in prison for about 15 years and
needs your help. You can sign a petition at:
http://www.petitiononline.com/paulmod/
Well dude, this is one part of law that has put many innocent people into
jail for life simply because they were "connected" to the perp.
It's not illegal to be connected to a perp, Richard.
As an example, years ago there was a movie out that was based on this. A
girl was going out with a guy on a date. He was driving. He stops at a
liquor store, robs the place, shoots and kills the clerk. He was later
arrested and so was the girl. She was found as guilty as he was by the eyes
of the law. Is that proper law?
Of course not. But then again, you just cited a MOVIE, not an actual
case.
I would suggest that if you want laws that are complacent and understanding
of the circumstances, then get off your high chair and begin lobbying for
better laws.
You say he was not represented by an attorney, yet his mother spoke for
him? Was she an attorney? If she's not, then the judge might be at fault
for not having proper representation as is guaranteed by law.
Obviously. If he didn't have a lawyer at the time he pleaded guilty,
his plea would be reversed as a matter of law.
What about appeals? Were there any? Or have they been exhausted?
After 15 years, I hope he appealed, because the time to do so passed a
long time ago.
.
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