The United States Court of Appeals For the Ninth Circuit has issued its ruling in Atif Ahmad Rafay v. Eric Jackson.
Affirmed State of Washington’s previous rulings in the case.
A number of disturbing elements show themselves in this court decision, so much so that any person wrongly convicted of a crime will not get ‘relief’ from the trial verdict through the workings of the corrupted legal system. The only path open to prisoners–aside from the absolute rarest of cases–is through innocence project work or what is called ‘new evidence’. Even then, it requires a miracle to get your case noticed, despite what wrongful conviction films might suggest.
Much of this awful situation can be laid at the feet of Bill Clinton, an extremely intelligent man who should have known better. AEDPA (Anti-Terrorism and Effective Death Penalty Act, 1996) creates a vertical cliff for those who try to gain their freedom through the courts. In fact, the courts have little option but to affirm even gross and transparent injustices, as the ones suffered by Atif Rafay and Sebastian Burns. Why anyone would want to sit on an appeals court, aside from the status and the salary, is a mystery to me. They have very little work to do in criminal cases. Maybe the cocktail parties are stimulating.
Examples from this particular case:
- Rafay was barred from presenting alternative theories and alternative suspects, even though those theories and suspects were given by known RCMP and FBI informants.
- Neither an expert on false confessions (Richard Leo) nor an expert on FBI sting operations (Michael Levine) were allowed to testify in this case.
- The evidence from a discredited sting operation (ILLEGAL IN THE UNITED STATES) conducted in Canada was allowed as evidence at the trial.
- That so-called evidence was the ONLY evidence in an exceptionally bloody crime.
None of this matters, according to the court, because of AEDPA. The right to a full and fair trial, along with the right to appeal, has been abrogated. It’s now a game with opponents, i.e. prosecutors, police, and judges, whose decisions have little or no oversight. Without cellphone evidence to corroborate your side of the story, you may as well throw in the cards. The black-robed judges are content to let two innocent men rot in prison for the remainder of their lives (now 28 years) and argue their stupid case law. Bill Clinton, you masqueraded as a progressive; AEDPA is your despicable legacy.
When the evidence finally establishes the innocence of Sebastian Burns and Atif Rafay, the whole injustice system will apportion blame to anyone but themselves.
What is the next step ?
How will they live without hope ?
No one can live without hope. They do have hope, legitimate yet difficult to realize. DNA testing (see latest blog entry) is still to be done. It is the next step. I never believed in the ‘legal process’ in this case, because its purpose is to protect judges and prosecutors rather than defendants. Anyone who looks at this case dispassionately or objectively can see that there is no physical evidence tying them to the crime. Their sentences, 297 years in prison for both, speaks to the lack of humility and self-doubt that pervades a system ruled by “savages in black robes”, as Rubin Carter called them.
To be sure, the reformers and decent people are out there; the public too often cries out for blood.
Hi Ken
I’ve been following Atif and Sebastian’s story for a few years now and just wondering how they are holding up after latest ruling from 9th circuit? It must be very disappointing.
I note Dan Satterburg has now been replaced . Will that make any difference to their situation?
Best wishes
Maire
I really hope these two boys are free soon. I still can’t believe that the American judicial system is as broken as it is. It’s so sad that the police can do this to innocent civilians.
Hi Ken
I’m a bit of a technophobe so don’t know if you received my last message.
I live in London and have been following the case of Atif and Sebastian for some years now.
I was excited to hear that the 9th circuit were going to hear it. I can imagine the grave disappointment and frustration/anger that you all must feel at the ruling.
I have looked at some articles on AEDPA (eg “Who killed Habeas Corpus”) and it makes for some very disturbing reading.
I have no legal knowledge so I had no idea of the terrible effect this has had on the justice system. Along with the widespread use of plea bargaining in the United States which in effect removes the right of the accused to be tried by a jury of their peers. (To severely understate the very ….or perhaps cleverly hidden….obvious) It’s quite frightening.
Many years ago when my children wanted to do a bit of travelling I asked them to confine their travels to countries which had “good” justice and health systems . I thought if they got into trouble with health or legal issues they would have some protection. I’m not sure I’d be so confident nowadays.
Is there any chance AEDPA could be repealed? Or is that a silly question?
I can only admire and thank you and all those in Innocence Projects everywhere for your stoicism and tenacity In a fight that perhaps most of the time feels an uphill battle.
You need not reply to all my blathering above but please can you tell me where I can buyTiffany Burns Mr Big? I can’t seem to be able to find it anywhere.
Thanks so much
like a never ending struggle against the odds.
I, like many others, have been grateful for your updates and that you have taken so much time to respond to comments and questions.
I’m interested in what you say here, Maire. First, thank you.
AEDPA repealed? One day when decent human beings comprise tha majority of the legislative and judicial bodies.
Teach your children well about the law and urge them to never talk to the police without a lawyer present.
burns.tiffany@gmail.com (She may be able to help you find a copy.)
Ken
This is absolutely devastating. I think of this case so often and it really breaks my heart and makes me livid at the same time. The injustice is just enormous and the laws for this process insurmountable and irrational. I am so so sorry that this appeal failed. I guess this was the last hope?
Not the last hope, Carla. DNA testing is the last hope (or someone with the courage to admit to the murders).
Is there any hope for Atif and Sebastian now? Will they ever get out or die in prison?
Thank you for this query, Marlene. I’ve written briefly in the blog about hope. The hope is in the work of the Washington Innocence Project (WAIP) in the testing of DNA evidence.