A Happy Ending - Finally

Posted by Michael P. Hanle on March 5, 2009

When D. W. was found not guilty of murder back in January, you would have thought that the weight of the world had been lifted from his shoulders. NOT GUILTY. That is what the jury had said. Very loud and very clear. It only took 30 minutes to decide that he was not guilty.

Unfortunately, D. W. had been sitting in a jail cell for over 13 months at that time. NOT GUILTY did not equal GET OUT OF JAIL.

The same Judge who presided over D.W.'s trial had revoked his probation 11 months prior to his trial. The Judge had imposed a very long sentence becaue he had already decided that D.W. was guilty.

This wrong had to be righted.

After the acquittal, I filed two seperate post conviction documents. First, I filed a Rule 32 Petition setting forth actual innocence. Second, I filed a Renewed Motion to Reconsider the revocation of his probation. I wanted the Judge to rule on the motion immediately. But no, he still believed that the jury got it wrong and my client was guilty. The motion was set for a hearing the end of February - 3 weeks away.

Finally, the hearing date arrives. The family is assembled in the court room. The D.A. who proceeded over the trial is not in court. A substitute D.A., one who I consider a friend, has agreed to handle the hearing. After discussions with the D.A., he agrees - the jury said not guilty - let him go home.

With some resignation, the Judge issues an order immediately releasing my client and returning him to probation. Everyone gets a copy and we all scramble off to arrange for my client's release.

Problem is that the Department of Corrections needs to get the order from the court. To accomplish this the following has to happen:

The court file needs to go back to the clerk's office.

The clerk's office needs to input the order into the computer and produce a sentencing transcript.

The sentencing transcript and releasing order need to be faxed/emailed to the Administrative Office of Courts in Montgomery.

The Administrative Office of Courts then transmits the information to the Department of Corrections.

DOC then releases my client to his family.

Long story short. After waiting 13 months in jail for a trial. After being found not guilty. After waiting another 5 weeks for a hearing on a motion. After the court issues a releasing order. It still took another 5 days to get out of jail.

FREE AT LAST. FREE AT LAST