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Court orders new trial on damages owed to wrongfully convicted man

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Finding a District judge improperly limited critical evidence relating to an Elkart man’s innocence during his trial for damages following his wrongful conviction, the 7th Circuit Court of Appeals ordered a new damages trial be held.

Christopher Parish was arrested when he was 20 years old in 1996 by Elkhart police and charged with attempted murder and armed robbery. He maintained his innocence throughout and was convicted based mainly on eyewitness testimony. Eight years after his conviction, an appeals court overturned it and ordered a new trial. He was 30 when he was released from prison. The government, after Parish rejected a plea deal to serve no additional jail time, dismissed the case.

Parish then sued the city of Elkhart and detective Steve Rezutko, who was lead investigator of the shooting, seeking damages for his wrongful conviction based on a violation of the Due Process Clause. He prevailed on the action and was awarded about $80,000 in total damages for the eight years he was wrongly imprisoned.

Parish sought a new trial, arguing the damages award was too low. Average jury awards for wrongful convictions are around $950,000 for every year of wrongful imprisonment. He also claimed the trial court erred in improperly limiting the evidence that he could introduce at trial which could show his innocence.

“A look at the evidence allowed and that withheld from the jury on the question of responsibility for the crime reveals that the deck was effectively stacked against Parish,” Judge Ilana Diamond Rovner wrote in Christopher Parish v. City of Elkhart, Indiana, et al., 11-1669. “Significant testimony as to Parish’s guilt of the crime, and particularly the testimony of eyewitnesses identifying him, was admitted whereas testimony as to his innocence, including statements by those same eyewitnesses expressing their doubts as to that identification, was excluded. The result was that the jury was deprived of significant probative evidence as to the issue of Parish’s guilt or innocence.”

The 7th Circuit affirmed the jury’s determination of liability but vacated the damages awarded. It ordered a new trial on damages and Circuit Rule 36 will apply on remand. Costs on appeal are to be taxed against the city and Rezutko.


 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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