Wrongly Accused??
 
By Betty Waits
betwrites@msn.com 
http://www.jcmessenge.com 

Across the nation we hear of an occasional incarcerated person being released from prison after years because DNA proves them innocent. DNA has been a wonderful tool for the justice system, and for those that might be in the wrong place at the wrong time. The system is not a perfect one, but it is what we have in this country and one that many countries’s wish they had.
Statistically, it is said that perhaps three percent of people incarcerated in our systems are innocent. That is a relatively low percentage, but none the less there are some innocent people serving time for crimes while the guilty go free.
 
The case of Alfonso James might be such a case. James is incarcerated presently at the New Lisbon Correctional Facility. He has served 23 years for the crime of murder, which it seems unlikely he committed.

On February 20, 1986, James was found guilty of the murder of Del Pascavis by a 12 member jury of white Milwaukee citizens.

James had been brought into the Milwaukee Police Station on a warrant for another crime. A person mad at James called the police to tell them where James was. Only 17 at the time, James sat in a room answering the questions posed to him on this first crime when detectives entered the room and stopped that interrogation. What happened next is still under scrutiny by many investigating this conviction.

The detectives began to interrogate the youngster concerning the murder of a 54 year old male white homosexual. While James explained that he had not been anywhere near the crime, they were explaining, nor did he know this person the interrogation continued for 12 hours. This was done with no parent or legal counsel present.

Further, reports indicate that James was not allowed any food, beverage or the opportunity to go to the bathroom while under interrogation by several teams of detectives. James educational level at that time was estimated to be that of a sixth grader even though he was 17.

James signed a statement, after the eighth hour of interrogation, under the promise that he could go home if he signed. Not understanding any of what was happening, the statement he signed was a short confession to the crime of murder.

Records indicate that during the investigation, many alternate suspects listed in the police reports were not even located, nor questioned. This included a person known as the victim’s last lover, who fought with the victim a short time before the murder.

Counsel for James during his trial has also been brought in to question in reports. Many times throughout the transcripts of the trial hearsay evidence is brought in by the prosecution. The defense does not object to these inferences and the jury is able to hear information that is third party and possible rumor. Several people questioned by the defense who had information that may have helped James were not brought into the trial to testify on his behalf, as well as the last people known to be with the victim never being brought into light for the jury.

The list is lengthy and detailed of mishaps in this trial which involve the prosecution, defense and judge. The details have been put forth after the Wisconsin Innocence Project poured over the case for seven years in an attempt to right the wrongs they have documented against James. Further, no appeal was ever initiated in the case for review of the facts or trial after the sentencing and no pre sentence investigation was ordered by the court before sentencing.
DNA evidence will not correct what may have been done in this case, as there was never any DNA evidence linking James to the crime. The DNA evidence that did exists is said to have been stored improperly and can no longer be utilized.

It is a question that may be left to God and man in the end as James serves a sentence of life with no possible parole.

The Wisconsin Innocence Project is a hard bunch to argue with, headed by the University of Wisconsin Law School. The criteria for taking a case is very strict and normally depends on new evidence being brought to light in a case. In unusual circumstances, such as James, they may review a case and take it based on the belief that there is a clear chance that innocence can be proven. Documentation in the James case has obviously brought them to that belief and they have continued on the mission to bring that to light for the past seven years.

Another man helping to fight this cause for Alphonso is Steve Rose. Rose is a five time author of motivational books and has known James for several years now. The meeting was quite coincidental but perhaps fate.

“I had been asked to go speak at the Oshkosh Correctional Institution on my recent book. I never expected to come away with what I did,” said Rose.

The message Rose was sending was one of hope, help and encouragement. After the presentation James approached Rose and he explains what happened next.

“I could tell there was something special about him. Most inmates will tell you they are and I was a skeptic for the first few seconds. He told me that it felt like I was sent there just for him. My whole opinion changed when he told me that the Innocence Project had been working on his case. I know that they take very few cases and only take the ones that they truly believe are innocent. He told me he was in prison for a murder he did not commit,” explained Rose.
Since that July day in 2001, Rose has continued to help James fight to prove his innocence and has visited James over 130 times.

James, now 40, will be a featured subject at the ‘Community Brainstorming Conference’ in Milwaukee on July 26th. Titled, "Justice Denied Is No Justice At All", The Devastating Impact of Wrongful Convictions will address the issues involved in these types of convictions. Panelists will include: Ms. Katherine Canright, Criminal Defense Attorney-Duluth, Minnesota; Mr. Ed Garvey, Civil Rights Attorney-Madison Wisconsin, Editor of FightingBob.com; Mr. Chris Ochoa, Attorney-Madison, Wisconsin - Former Death Row Inmate; Mr. Mike Uttech, Justice For James; Moderator & Committee Chair: The Hon. Vel Phillips and Committee Co-Chair: Dr. Pamela Malone.

Those involved in the fight to see justice done after 23 years for James are eager to share this story and move toward his release someday soon.

“To change the future for this innocent man we must bring community awareness, work with people in authority and correct what has been done,” explained Rose.
The NBC affiliate will cover the event in Milwaukee and it is scheduled to air on July 26th.
For more information on Alphonso James, see the website at www.justice4james.com. Also, access on the Wisconsin Innocence Project can be found at www.law.wisc.edu.
Watch the Messenger for more information on this case as it becomes available.