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"The Exonerated" - are any actually innocent?
"The Exonerated" - anti truth, anti victim -
are any actually innocent?
Dudley Sharp, Justice Matters
This play is presented as a true story of six innocents sent to death row
because of corruption within the system.
The Exonerated is a true story just as CATS and The Lion King are.
Reviews of each case, with links and contacts for your own review.
1) Robert Earl Hayes Nothing about Hayes’ retrial changes the appeals court’s
original observation that evidence existed to establish Hayes’ guilt. Hayes
has now been convicted of a nearly identical murder in New York, which was
committed prior to the murder in Florida. Go to
no. 74 at http://www.prodeathpenalty.com/DPIC.htm
and pages 36-39 at http://www.floridacapitalcases.state.fl.us/Publications/innocentsproject.pdf
2) Sunny Jacobs -- After the shooting, still at the scene of the murders, a
trooper asked Jacobs: "Do you like shooting troopers?" Jacobs response: "We
The best review of the blatant dishonesty of this "Exonerated" case is "The
Myth of Innocence", Josh Marquis, The Journal of Criminal Law and Criminology,
v 95, No 2, Winter, 2005, Northwestern University School of Law.
Mr. Marquis can be reached at CoastDA@aol.com, or 503-791-0012.
There is no evidence to support a claim of innocence for Jacobs in the murder
of two police officers in Florida. She eventually pled guilty to two counts of
second degree murder and was released for time served, after 16 years. Hardly
a finding of innocence.
go to pages 40-46 at www (dot) floridacapitalcases.state.fl.us/Publications/innocentsproject.pdf
3) David Keaton -- Keaton's defense attorney stated that even without
Keaton's numerous confessions, that the eyewitness testimony was likely
sufficient to convict Keaton for the capital murder.
Through the testimony of numerous eyewitnesses, Keaton's numerous confessions,
as well as those of co-defendants, Keaton was sentenced to death. There is no
credible claim for innocence in this case of robbery/murder. The case was
overturned on appeal. The prosecution chose not to re prosecute for a number
of good reasons -- 1. he was no longer subject to the death penalty, because
of changes in the law 2. Keaton was sentenced to 20 years in prison for a
robbery that he committed ten days prior to the robbery/murder for which he
was sentenced to death and 3. illness of witnesses.
Keaton was sentenced to death in 1971, under the old death penalty law. He was
on death row for 13 months when the US Supreme Court overturned all death
penalty cases in Furman v Georgia.
Read pages 60-68 at www (dot) floridacapitalcases.state.fl.us/Publications/innocentsproject.pdf
4) Delbert Tibbs -- The Florida Supreme Court candidly conceded that it should
not have reversed Tibbs' conviction since the evidence was legally sufficient.
The state prosecutor who chose not to retry Tibbs recently explained to the
Florida Commission on Capital Crimes that Tibbs “was never an innocent man
wrongfully accused. He was a lucky human being. He was guilty, he was lucky
and now he is free."
See no.10 at http://www.prodeathpenalty.com/DPIC.htm
and pages 134-138 at www(dot)floridacapitalcases.state.fl.us/Publications/innocentsproject.pdf
5) Kerry Max Cook -- The judge, in accepting Cook's no contest plea, said that
Cook was guilty of the crime and that the state was capable of proving its
This is not a DNA exoneration case.
Mr. Cook was convicted of the murder of Linda Jo Edwards, who was found in her
apartment on June 10, 1977, beaten on the head with a plaster statue, stabbed
in the throat, chest and back and sexually mutilated. Mr. Cook was arrested 2
months later where he worked as a bartender in Port Arthur. Officers said they
found Mr. Cook's fingerprint on Ms. Edwards' apartment door. At first he
denied knowing Ms. Edwards. Cook lied. He later said they met at the apartment
complex's swimming pool and he went to her apartment. His original conviction
resulting in a death sentence was overturned because of prosecutorial
misconduct. A 1992 retrial ended in a hung jury. He was again convicted and
sentenced to death in 1994. That verdict was overturned in 1996. Before a 4th
trial, Mr. Cook pleaded no contest to a reduced charge of murder. He was
sentenced to 20 years time served. Mr. Cook took the deal so he could avoid a
possible return to death row. By taking the plea, both Cook and his attorneys
conceded that this is hardly a case where there is no evidence for guilt and
certainly not a case with confirmable actual innocence.
for more on this case, contact David Dobbs at david (at) davidedobbs.com
6) Gary Gauger -- Gauger confessed to the murder of his parents. That
confession was thrown out based upon the lack of probable cause to arrest him.
Gauger's ex-wife and children filed a wrongful death suit against Gauger in
the murder of his parents. Gary's brother remains so convinced of Gary's guilt
in the murders of their parents, that he has prepared a review of the case
which claims to support Gary's guilt, even though there are now two other
people jailed for the murders.
Furthermore, the trial court erroneously imposed a death sentence. The court
granted a motion for reconsideration and vacated the sentence less than ten
months later in September 1994. The trial court found that it had not
considered all the mitigating evidence and concluded that Gauger should not be
sentenced to death. People v. Bull, 705 N.E.2d 824, 843 (Ill. 1999); Chicago
Tribune (9/23/94). Gauger served a brief time on death row. He was not
properly sentenced to death by the trial court. He should never have been sent
to death row because the trial court did not finally sentence him to be
executed. Gauger’s case is an example of how consideration of mitigating
evidence under current law results in a sentence less than death.
see no. 69 at www(dot)prodeathpenalty.com/DPIC.htm
Some additional articles:
"Cross-Examination for a Drama That Puts the Death Penalty on Trial", Adam
Liptak, New York Times, January 27, 2005
"Prosecutors take exception to Court TV film", Richard Willing, USA TODAY,
"The Myth of Innocenceon’t
believe everything you see on CourtTV", Joshua Marquis, National Review,
Are audiences being duped to further a political/social agenda? Of course. And
theater critivcs? They simply don't bother to fact check and blindly accept
and repeat whatever the producers tell them.
Only one theater critic, Tom Sime of the Dallas Morning News, bothered to see
if the claims were true. His brief review resulted in this published comment:
"Maybe three are actually innocent and three actually aren't. In any case,
blind faith - in the criminal justice process or in the truth of crusading
art- is best left at home."
"The Exonerated" is strictly a bit of anti-death penalty deception, which is
not at all surprising. It appears that the Soros Foundation, through their
Open Society Institute (OSI) is the primary benefactor of "The Exonerated" .
The Soros Foundation finances anti death penalty efforts, worldwide.
Dudley Sharp, Justice Matters
e-mail firstname.lastname@example.org, 713-622-5491,
Mr. Sharp has appeared on ABC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS, BBC and
many other TV and radio networks, on such programs as Nightline, The News Hour
with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers
throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews
about, testified on and debated the subject of the death penalty, extensively
The comments are owned by the poster. We aren't responsible for their content.
2008 Year End Death Penalty Statistics
Current U.S. Department of Justice Statistics
- In 2008, 37 persons in nine states were executed -- 18 in Texas; 4 in
Virginia; 3 each in Georgia and South Carolina; 2 each in Florida,
Mississippi, Ohio, and Oklahoma, and 1 in Kentucky.
- Of persons executed in 2008:
-- 20 were white
-- 17 were black
- All 37 inmates executed in 2008 were men.
- Lethal injection was used in 36 executions in 2008; 1 execution was
2007 Year End Death Penalty Statistics
Current U.S. Department of Justice Statistics
In 2007, 42 persons in 10 States were executed --
26 in Texas; 3 each in Alabama and Oklahoma; 2 each in Indiana, Ohio, and
Tennessee; and 1 each in South Dakota, Georgia, South Carolina, and Arizona.
Of persons executed in 2007:
-- 28 were white
-- 14 were black
All 42 inmates executed in 2007 were men.
Lethal injection was used in 41 executions in 2007; 1 execution was by
Thirty-eight States and the Federal government in 2007 had capital statutes.