Post by zebra on Nov 2, 2019 19:03:45 GMT
... Plus what do Johnny Grueber (the blond haired boy) and Brent Trueblood have to say? So they were exculpatory witnesses yet were not called by Oscar's attorney and did not testify? Why? ...
A suspicious receipt from the investigator working for Oscar's lawyer suddenly appeared at a later date indicating that he had interviewed the boys. A parent of one of the boys (and IIRC - one of the boys) steadfastly insisted that the investigator never interviewed them - only police. At a subsequent hearing, the investigator sort of fudged his testimony - acknowledging the receipt, but never actually stating that he had any memory of interviewing the boys or giving any details about that. Nor did he have any independent notes about any of those the interviews - highly unusual for him. In addition, he had absolutely no recollection of how the boys supposedly came to the attention of himself or the defense lawyer in the first place. By then, Oscar was in prison and the lawyer was dead, so it's possible the investigator just wanted to avoid a political bloodbath.*
None of this would shock me. Unfortunately, it's not uncommon for police and prosecutors to fail to disclose exculpatory evidence - especially when they are convinced of a suspect's guilt. There are hundreds if not thousands of "Brady violations" raised in appellate opinions every year and these are the same cops who illegally destroyed evidence less than a year after Oscar was sentenced to death before he'd even completed his first appeal. It would explain why Oscar's attorney fought so hard on some issues while never mentioning crucial alibi witnesses - where the whole case swung on identification. It makes a lot more sense than to assume that the defense lawyer was involved in a conspiracy to railroad Clifton.
* (The other possibility - not mentioned by the podcast - is that the investigator was negligent and just never got around to the interviews - then tried to cover it up - which also unfortunately happens from time to time - but this would seem to be extraordinarily negligent. What defense investigator would willfully fail to interview alibi witnesses in a circumstantial death penalty case?? )