Brickbat: Under Pressure


In England, the Greater Manchester police department said it is investigating after newly uncovered DNA evidence implicated another man in a rape for which Andrew Malkinson spent 17 years in prison. No physical evidence tied Malkinson to the crime, and a key witness in the trial now says she was pressured by police to testify against him and does not believe he committed the crime. The police have also acknowledged that two other witnesses against Malkinson had multiple criminal convictions, even though they told the court they had none. "It seems the more questions that are asked about this case, the more skeletons are coming out of the closet," said Emily Bolton, an attorney with Appeal, which works to exonerate those who are wrongly convicted and is representing Malkinson.

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  1. “Being Andrew Malkinson” is some sort of crime! Just LOOK at that name, fer Chrissakes!!! Mommas, don’t let yer babies be named “Andrew Malkinson”!!! They’ll grow up to be jailbirds and convicts and such!

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  2. There’s no evidence of his innocence.

    Like the Central Park Five, who did rape that woman, the fact that they took turns restraining and abusing the victim destroyed any physical evidence. They all confessed on tape and implicated each other.

    Not finding DNA isn’t proof of innocence. It’s proof of faulty collection, testing, or storage of evidence.

    They never had any alibi or explained why they were in the park assaulting other people on the same evening.

    Why should this scumbag get benefit of doubt, after his lawyer spent time hassling a witness?

    1. “Not finding DNA isn’t proof of innocence.”

      In civilized lands (lands NOT run by assholes with enormous “punishment boners”, lusting after punishing everyone in sight), one needs to prove their guilt… “You can’t prove your innocence, so I am gonna get my punishment boner a good whacking off, by punishing you for your imagined guilt” isn’t the standard in civilized nations… It is the standard of EVIL ASSHOLES!!! Now go look in the mirror!

    2. Since you apparently think that “proof of innocence” is the standard, please prove that you personally were not also part of this particular crime.

      1. Good point! EXCELLENT point actually! I was gonna say the same, but got lazy… Do I get any “ditto” points for intentions without actions?

    3. I don’t get your comment.

      1) “There’s no evidence of his innocence.” The burden of proof is on the accusers. We’re now finding out it may have all been bs.

      2) You then go on about an entirely different case which has zero zip nada to do with this one.

    4. Yeah, let’s not investigate new evidence that may exonerate an innocent man. If it were you, I’m sure you’d say “well they say I’m guilty, so I’ll just accept it”.

      And you said it yourself. The CP5 confessed. This guy didn’t. It’s a false equivalence.


    5. “There’s no evidence of his innocence.”

      Maybe that’s how it works in your country, but not the US.

    6. “Why should this scumbag get benefit of doubt, after his lawyer spent time hassling a witness?”

      I agree that you shouldn’t be able to get a new trial merely because one witness changed their story. But this goes well beyond that.

      “newly uncovered DNA evidence implicated another man”

      I don’t know the nature of this DNA evidence or how it was preserved for decades; there’s a paywall on the linked story. It’s entirely possible for there to be DNA evidence implicating another man yet have the first man be guilty. I wouldn’t necessarily reverse a conviction on this alone.

      “The police have also acknowledged that two other witnesses against Malkinson had multiple criminal convictions, even though they told the court they had none.”

      Blatant police misconduct. I think that if the police lie like this, making the witnesses against you seem more credible than they are, you should be entitled to, at minimum, a new trial.

      So we’re left with a case where, apparently, the person was convicted solely on eyewitness testimony, and the police lied about two of the eyewitnesses to make them more credible, and there’s now physical evidence which points towards someone else.

      If you add all *that* to the other witness saying she was pressured, I don’t know how you can think that person should still stay in prison. What would it take for you to think otherwise, if all this isn’t enough?

      1. Totally agree. Give the man a new trial.

        But what he’s seeking is exoneration.

  3. I would hate to be police and prosecutors when this investigation concludes and punishment is meted out.

    1. Should I turn on the sarc button for you, in case someone doesn’t get it?

      1. I find it amazing that some commenters that have been here for years can’t recognize sarcasm. I get caught now and then, but some are really consistent at not getting it.

  4. Oopsie…

  5. Sounds like good old fashioned police work.
    Investigate and find out how much the new lawyer paid those witnesses to recant.

    1. (hit enter too soon)
      Because we all know that DNA evidence is now worthless because it can’t even tell male from female, as determined by the supreme court.

  6. Well this is merry old england where you get prosecuted for mean tweets.

    1. And how!

  7. Was at a job interview and the owner of the company asked how well I can perform under pressure. I replied,
    “Do do do do-do do. Pressure, pressing down on me pressing down on you…”

    1. Job Interviews; another reason I love retirement.
      I had a guy ask me one time, in a technical interview, what kind of tree I would be if I could be a tree.
      “The kind that leaves” was my parting reply.

    2. I perpetual operate under about 1 atm of pressure

  8. I recall reading an article that said that a person was wrongly convicted and the courts (or DA) said DNA evidence was not good enough because it is not perfect. Their argument was 99.999% accuracy was below the required threshold of 100%.

    They keep innocent people in jail because letting them go says they made a mistake.

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