John_Browning wrote:
Is it true that the testimonies were never officially (legally) recanted? Did the witnesses recant their testimonies in front of the press or some other group with no legal authority? As I recall the board of pardons said that all testimonies were still legally valid.
In law this is tantamount to "sharp practice."
It is not the role of the state and the prosecutor to, "win." It is the role of the prosecutor to be a Minister of Justice. So, too, judges and people in quasi-judicial adminstrative tribunals (such as a board of pardons) are enjoined not to seek the technical answer, but the just answer.
Equity places substance over form, and where the law and equity are in conflict, equity prevails. Even if testimony had not legally been recanted, an equitable estoppel could properly have gone forth to permit a forum to be convened in which that could take place.
I do not believe that this story is finished--and I am not at all certain that the administration of justice will emerge from the full revelation of the story with its reputation intact.
_________________
--James