Felony Conviction Overturned, But Man Is Still Locked Up
What if you were arrested? What if the arresting cops said you threw a knife under a car? What if you were sentenced to 27 years to life in prison? What if witnesses showed up 10 years later and said they did not see this? What if a court declared a mistrial?
What if you were still in prison two years later?
It happened to Daniel Larsen.
A federal magistrate ordered him released two years ago. The state attorney general has appealed the case.
The appeal is taking lots of time. So, Larsen sits. He has been in prison ever since 1999.
He is there because of a legal technicality. He had one year to file a habeas corpus action. He neglected to do this. So, he sits in prison.
Stanford Law School professor Robert Weisberg told the L.A. Times he believes the attorney general’s office is making an example out of Larsen’s case in order to prevent an “onslaught” of similar claims from other prisoners. What they’re saying is, this guy had his chances. At a certain point the music has to stop, and a case just has to be closed,” Weisberg told the paper. “We’re afraid that lots of people who were not unjustly convicted are going to be encouraged to frame their case as the injustice of the century.”
But the attorney general may decide to drop the appeal. A protesting organization has a petition signed by 100,000 registered voters. It is an election year.
Justice still prevails, if you can get 100,000 people to sign a petition.
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Published on August 24, 2012. The original is here.
He was released the following March.
His release was challenged by Kamala Harris, the Attorney General. She is now a U.S. Senator seeking the Democrats' nomination for President.