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Trials and Verdicts

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Assignment 2: Trials and Verdicts

Student: Melissa Harmon
Professor: Phylanice Nashe
Introduction to Criminal Justice
February 18, 2014

TRIALS AND VERDICTS PAGE 1

Our criminal justice system is an intricate one. When crime is committed, law enforcement detains the offender and in most cases holds them until they are seen by a judge. The period between arrest and arraignment is also known as the pretrial procedures; this is a very important aspect of the justice process. At this time, the biggest majority of cases are either resolved and never make it to court. However, some crimes are so serious that they must go the next steps and this could be plea bargaining or trial by jury, both resulting in a sentence ordered by the judge.

Here we will take a look at a particular case involving five men who viciously beat another man resulting in his death. What started as a barroom brawl, ended outside of the victim's mother's home in La Jolla, California May of 2007 [L.A. Times 2008]. Emery Kauanui was a 24 year old professional surfer that tragically lost his life three days after being treated for bleeding of the brain, facial fractures, and multiple contusions caused by five individuals. Eric House, 21; Orlando Osuna, 23; Matthew Yanke, 21; Henri Hendricks, 22; and Seth Cravens, 22 who dealt the fatal blow; these are the offenders that each in turn punched and kicked Kauanui until the last punch knocked him to the pavement where he hit his head knocking him out.

This case went to the California Superior Court because of the nature of the crime. This case needed to be heard in a courtroom with a jury present and ready to determine if the defendants were truly guilty of murder. Prior to the preliminary hearing, the prosecutors offered plea bargains to the defendants stating that if they agreed to plead guilty to the lesser charges, TRIALS AND VERDICTS PAGE 2

their sentences would be shortened. Four of the five took the deal and plead guilty to the lesser charge of involuntary manslaughter and received 3-5 years in prison in lieu of the life sentences they were facing; they were also not required to testify against their friend's trial. Seth Cravens is the only one that stood trial for the murder after refusing to the plea bargain. He was found guilty of murder and sentenced to 20 years in prison. [L.A. Times 2008]. This was not the end however, there was an appeal filed by his attorney. The appellate judge found that Cravens was not guilty of the original charge of murder stating that he did not know that his punch would be fatal therefore it was not with malicious intent. This reduced his charges to involuntary manslaughter and his sentence to 11 years. The case was then taken to the Supreme Court and again heard. At this hearing the judge upheld the original conviction of murder due to the witness stating they heard Cravens say he was going to kill Kauanui [La Jolla Light 2012] Seth Cravens is currently serving his original sentence of 20 years in prison and justice was served for the family of Emery Kauanui.

I do not feel that justice was served well when it comes to the four men who took the plea bargains however. These men were known throughout La Jolla as bullies and were notorious for crashing parties and causing fights in the area. They even had a name for their little gang, “Bird Rock Bandits”, which, to me, proves that their intentions were not good. They seem to have taken the easy way out, which is exactly what was offered to them.

What is sad is when the guilty either get off easy or their defense is so good that they are TRIALS AND VERDICTS PAGE 3

found innocent and get to go home to their families and friends when some are not so lucky. Due to errors, bias, or other horrible factors, sometimes the innocent are found guilty and face the worst possible outcome of the criminal justice system. How do you fight prosecutors that abuse the justice system?
More than 2,000 wrongfully convicted people have been exonerated between 1989 and 2012, according to data compiled by the University of Michigan Law School [CNN 2013]. Among this huge number, is a man named Michael Morton who was accused and convicted of murdering his wife in Texas in 1986. After spending 25 years in prison, he was vindicated and released in 2011. “Innocent people think that if you just tell the truth then you've got nothing to fear from the police. If you just stick to it that the system will work, it;ll all come to light, everything will be fine.” [Morton 2011].
At Michael Morton's trial, the prosecutor, Ken Anderson, failed to release vital evidence like how Morton's son stated that his daddy was not there and described the man who was, the neighbors had seen a man parking a green van behind the Morton's home, and a bloodstained bandana being found nearby [CNN 2013]. After years of fighting pro bono on Morton's behalf, a group of lawyers were able to have the bandana tested for DNA. This produced results from a hair that was found belonging to a man named Mark Norwood. This was the killer that Morton had done time for. Norwood has since been convicted of the murder of Christine Morton, however, this will never replace the suffering and loss of time an innocent man endured for so long.
The prosecutor, Ken Anderson, plead no contest to a court order to show cause for TRIALS AND VERDICTS PAGE 4

withholding exculpatory evidence [CNN 2013]. He was found in criminal contempt of court and his punishment was a slap on the wrist ( 10 days in jail, $500 fine, and 500 hours of community service). Michael Morton lost his life with his family due to a prosecutor's strong desire for a conviction. Anderson later claimed that his case against Morton was the fault of the medical examiner's assessment of Christine Morton's time of death at 1:30 a.m., which would have placed Michael Morton at home and possibly guilty [CNN 2013].

This is an example of the justice system failing but because of this mishap new laws have been put into effect. Texas Governor, Rick Perry, signed the Michael Morton Act into law last year. This law requires prosecutors to turn over all evidence to the defense lawyers in criminal cases upon the defendant's request without the need for a court order[CNN 2013]. I hope that all states follow this example so that no more prosecutors can abuse the system.

Our justice system is flawed in many ways. Justice is served most of the time, unfortunately many still fall through the cracks and are handled by either incompetent defense attorneys or power hungry prosecutors. Nothing is perfect in the criminal justice system, but as long as we continue to learn from our mistakes and correct things the system will improve and there will be justice for all.

TRIALS AND VERDICTS PAGE 5

Works Cited

Los Angeles Times Article by Tony Perry, Times Staff Writer, June 28, 2008, Titled- Four men accept plea bargain in killing of La Jolla pro surfer www.articles.latimes.com/2008/jun/28/local/me-surfer-28 La Jolla Light Article City News Service, January 30, 2012, Titled- Seth Cravens murder conviction upheld by Supreme Court www.lajollalight.com/2012/01/30/seth-cravens-murder-conviction-upheld-by-state-supreme-court/ CNN Justice Article by Josh Levs, CNN, December 4, 2013, Titled- Innocent Man: How Michael Morton lost 25 years of his life www.cnn.com/2013/12/04/justice/exonerated-prisoner-update-michael-morton/ The Innocence Project
www.innocenceproject.org

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