Friday, June 20, 2014

FAQ

Many people have questions, naturally, regarding the case and the process. The media is full of misinformation. These are a few frequently asked questions and their answers. Please write to restorethetruth2012@gmail.com if you have a question of your own.

Q: I love reading all of the fascinating testimonials about Patrick, but I feel left out. How do I add my own?

A: we welcome any and all testimonials! Please email them to restorethetruth2012@gmail.com


Q: I saw that David Camm is suing over his wringful conviction. If Patrick is eventually exonerated by the courts, will hebe able to sue?

A: There is no easy answer to this. There are several different criteria that must be met before a suit for wrongful imprisonment will be allowed to proceed. It remains to be seen if Camm's suit will survive the initial test. Only after Patrick is finally free will the necessary questions begin to be answered and the decision made whether or not a lawsuit will be attempted.

Q: The news reported that Patrick was out of appeals, how is he still in court?

A: Evansville news outlrtshave sought to lay this case to rest in the public memory since the sentencing in 1993. All of Patrick's State appeals are now exhausted. The case is now in the lowest level of the federal courts (the US District Court), after which there are two more levels (the Court of Appeals or the 7th Circuit, and the US Supreme Court).

Q: After being denied at so many levels, why is there any reason for optimism left?

A: It is certainly true that each higher level of review carries a reduced chance of success. But in this case, state politics have operated in such a way that the case has never had an impartial hearing. The current level, though a federal court, is still in Indiana, with an Indiana judge. We have higher hopes for a fair hearing in the 7th Circuit Court of Appeals.

This is a case of innocence. It surprises most people to learn that the State court makes no provision for cases of actual innocence. No reviewing judge has even made mention of it in this case. Scientific evidence of innocence is discounted out of hand based on various rationalized technicalities about what constitutes "new" evidence.

By contrast, the federal habeus corpus review is primarily concerned with "fundamental miscarriages of justice", the most fundamental of which is when an innocent person has been convicted. For this reason, a case like Patrick's has a better chance at the federal level.

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