Last night at dinner, Sherry, Tony, Janet and others were discussing the terrible story of Alton Logan. Logan is the man who spent 26 years in prison for a crime he did not commit. The lawyers of another man, Andrew Wilson, had learned of his confession to the crime Logan was improperly imprisoned for weeks after it occurred. Before I go on, part of the reason I am writing this is to apologize to Sherry, Tony and Janet.
At dinner I incorrectly insisted that Wilson's lawyers, Dale Coventry and Jamie Kunz, had been officially reprimanded for their concealment of Wilson's admission and the resulting imprisonment of an innocent man for 26 years. They have not. I confused an ethics panel held recently (Nov 3) at Loyola on this matter with an official redress against these lawyers. It was not.
A panel discussion and nothing more, and as I've read about this case, I now understand why. Another man's life, Wilson's, was held in the balance. I'll explain. Over the course of those 26 years Kunz and Coventry, without naming names, consulted with numerous judges, legal scholars, and ethicists about their conundrum. They honestly attempted to do everything in their power or at least counsel, not as lawyers (but that too), but as humans, to free an innocent man without doing so at the expense of one other man's life.
The two lawyers were representing Wilson, the man who confessed to the murder. When he did so, they wrote a sealed affidavit without naming Wilson, so as to protect their client if the document were to be subpoenaed, and simultaneously vindicate Logan. The problem, however, was that Wilson had been convicted of killing two police officers that made him eligible for death row until it was revealed that his conviction for doing so came as a result of torture, beating, and the use of a radiator upon his flesh at the hands of members of the Chicago Police Department. Given this information, he was sentenced to life without parole over death. If, however, he were to be convicted of another murder, he all but certainly would be sentenced to death. Protecting the life of their client, the lawyers pleaded with Wilson to allow them to reveal his secret if he were to die in prison. Then he did. The ethical weight of life on one side of the scale of (in)justice had been removed and the lawyers sprang into action.
One of the more unfortunate aspects of this case was the way it was originally reported by CBS. In that original report, it was made to appear that the 'dirty, rotten, lawyer characters' were holding themselves to a professional code of ethics while an innocent man languished in prison. This is only marginally true. In reality, the lawyers held one man's life on one side of the balance, their client, as another man languished in prison on the other. It is difficult to find silver linings in such a heart wrenching story. Torture, capital punishment, forced confessions, imprisonment while innocent and more, yet, for CBS this story was handled cheaply and incompletely. For CBS this was nothing more than an opportunity to salaciously pit white lawyers, beholden to their professional code of conduct, protecting their client's confidentiality while another man suffered at their expense. Although true, the CBS story intentionally misses the more complicated nature of this terrible intersection of justice and ethics. The lawyers were protecting one man's life at the expense of an innocent man's freedom. That is a very different story than one about client confidentiality.
On that note, and as anything but a legal scholar, I believe there was a way for the lawyers to solve their conundrum. If they were able to secure with prosecutors that the life of their client, Wilson, would not be on the line with the confession to another murder for which a man had already been convicted and sentenced; then, it appears that their ethical challenge would be no longer. Wilson would have been tried for a crime he had confessed to and remained in prison for life without parole on the sentence he had already received for killing two cops and an innocent man would be set free. Why this was not done, or if it is even possible within the law, I am unsure.
At dinner I incorrectly insisted that Wilson's lawyers, Dale Coventry and Jamie Kunz, had been officially reprimanded for their concealment of Wilson's admission and the resulting imprisonment of an innocent man for 26 years. They have not. I confused an ethics panel held recently (Nov 3) at Loyola on this matter with an official redress against these lawyers. It was not.
A panel discussion and nothing more, and as I've read about this case, I now understand why. Another man's life, Wilson's, was held in the balance. I'll explain. Over the course of those 26 years Kunz and Coventry, without naming names, consulted with numerous judges, legal scholars, and ethicists about their conundrum. They honestly attempted to do everything in their power or at least counsel, not as lawyers (but that too), but as humans, to free an innocent man without doing so at the expense of one other man's life.
The two lawyers were representing Wilson, the man who confessed to the murder. When he did so, they wrote a sealed affidavit without naming Wilson, so as to protect their client if the document were to be subpoenaed, and simultaneously vindicate Logan. The problem, however, was that Wilson had been convicted of killing two police officers that made him eligible for death row until it was revealed that his conviction for doing so came as a result of torture, beating, and the use of a radiator upon his flesh at the hands of members of the Chicago Police Department. Given this information, he was sentenced to life without parole over death. If, however, he were to be convicted of another murder, he all but certainly would be sentenced to death. Protecting the life of their client, the lawyers pleaded with Wilson to allow them to reveal his secret if he were to die in prison. Then he did. The ethical weight of life on one side of the scale of (in)justice had been removed and the lawyers sprang into action.
One of the more unfortunate aspects of this case was the way it was originally reported by CBS. In that original report, it was made to appear that the 'dirty, rotten, lawyer characters' were holding themselves to a professional code of ethics while an innocent man languished in prison. This is only marginally true. In reality, the lawyers held one man's life on one side of the balance, their client, as another man languished in prison on the other. It is difficult to find silver linings in such a heart wrenching story. Torture, capital punishment, forced confessions, imprisonment while innocent and more, yet, for CBS this story was handled cheaply and incompletely. For CBS this was nothing more than an opportunity to salaciously pit white lawyers, beholden to their professional code of conduct, protecting their client's confidentiality while another man suffered at their expense. Although true, the CBS story intentionally misses the more complicated nature of this terrible intersection of justice and ethics. The lawyers were protecting one man's life at the expense of an innocent man's freedom. That is a very different story than one about client confidentiality.
On that note, and as anything but a legal scholar, I believe there was a way for the lawyers to solve their conundrum. If they were able to secure with prosecutors that the life of their client, Wilson, would not be on the line with the confession to another murder for which a man had already been convicted and sentenced; then, it appears that their ethical challenge would be no longer. Wilson would have been tried for a crime he had confessed to and remained in prison for life without parole on the sentence he had already received for killing two cops and an innocent man would be set free. Why this was not done, or if it is even possible within the law, I am unsure.