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The Water Cooler
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How prosecutors came to dominate the criminal-justice system
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<blockquote data-quote="_CY_" data-source="post: 2900453" data-attributes="member: 7629"><p><span style="font-size: 22px">Texas man serving life sentence innocent of double murder, judge says </span></p><p>DNA evidence shows he and three codefendants weren’t involved in fatal shootings of two teenagers, judge says, as case heads to appeals court</p><p><a href="https://www.theguardian.com/us-news/2016/aug/20/texas-life-sentence-innocence-dna-richard-bryan-kussmaul#img-1" target="_blank"><img src="https://i.guim.co.uk/img/media/22e9cf06faa26c426036920c66df6cb56404d11a/1076_201_2424_1455/master/2424.jpg?w=300&q=55&auto=format&usm=12&fit=max&s=6f309242943e83e082b63754cffb5549" alt="" class="fr-fic fr-dii fr-draggable " style="" /></a></p><p>20 August 2016 14.14 EDT</p><p></p><p>A central <a href="https://www.theguardian.com/us-news/texas" target="_blank">Texas</a> man serving a life sentence for a double murder in 1992 is innocent, as are three codefendants no longer in prison, a state judge has found.</p><p></p><p>Retired district judge George Allen ruled Friday that Richard Bryan Kussmaul, 45, should be free. His three codefendants each received 20-year sentences and have already been released.</p><p></p><p>DNA evidence not available two decades ago shows the four weren’t involved in the fatal shootings of 17-year-old Leslie Murphy and 14-year-old Stephen Neighbors at a home near Moody, south of Waco, Allen said in a four-page opinion. </p><p></p><p>At the hearing last month, Long, Shelton and Pitts all testified they gave false testimony against Kussmaul at his trial because a prosecutor promised them probation. They also said their confessions were coerced by a deputy who threatened them with the death penalty.</p><p></p><p>The three said at Kussmaul’s trial in 1994 that he and they raped Murphy before Kussmaul shot the two victims. After they were sentenced to 20 years in prison, each recanted his confession. Kussmaul did not testify at the hearing.</p><p></p><p>“I was willing to say anything they wanted me to say because I thought I was getting probation and no prison time,” Long said at the July hearing. “I had two small children and I was afraid of going to prison for life or, worse, getting executed.”</p><p></p><p><a href="https://www.theguardian.com/us-news/2016/aug/20/texas-life-sentence-innocence-dna-richard-bryan-kussmaul" target="_blank">https://www.theguardian.com/us-news/2016/aug/20/texas-life-sentence-innocence-dna-richard-bryan-kussmaul</a></p></blockquote><p></p>
[QUOTE="_CY_, post: 2900453, member: 7629"] [SIZE=6]Texas man serving life sentence innocent of double murder, judge says [/SIZE] DNA evidence shows he and three codefendants weren’t involved in fatal shootings of two teenagers, judge says, as case heads to appeals court [URL='https://www.theguardian.com/us-news/2016/aug/20/texas-life-sentence-innocence-dna-richard-bryan-kussmaul#img-1'][IMG]https://i.guim.co.uk/img/media/22e9cf06faa26c426036920c66df6cb56404d11a/1076_201_2424_1455/master/2424.jpg?w=300&q=55&auto=format&usm=12&fit=max&s=6f309242943e83e082b63754cffb5549[/IMG][/URL] 20 August 2016 14.14 EDT A central [URL='https://www.theguardian.com/us-news/texas']Texas[/URL] man serving a life sentence for a double murder in 1992 is innocent, as are three codefendants no longer in prison, a state judge has found. Retired district judge George Allen ruled Friday that Richard Bryan Kussmaul, 45, should be free. His three codefendants each received 20-year sentences and have already been released. DNA evidence not available two decades ago shows the four weren’t involved in the fatal shootings of 17-year-old Leslie Murphy and 14-year-old Stephen Neighbors at a home near Moody, south of Waco, Allen said in a four-page opinion. At the hearing last month, Long, Shelton and Pitts all testified they gave false testimony against Kussmaul at his trial because a prosecutor promised them probation. They also said their confessions were coerced by a deputy who threatened them with the death penalty. The three said at Kussmaul’s trial in 1994 that he and they raped Murphy before Kussmaul shot the two victims. After they were sentenced to 20 years in prison, each recanted his confession. Kussmaul did not testify at the hearing. “I was willing to say anything they wanted me to say because I thought I was getting probation and no prison time,” Long said at the July hearing. “I had two small children and I was afraid of going to prison for life or, worse, getting executed.” [URL]https://www.theguardian.com/us-news/2016/aug/20/texas-life-sentence-innocence-dna-richard-bryan-kussmaul[/URL] [/QUOTE]
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