Welcome To This Blog

Posted: February 27, 2015 by parchangelo in Uncategorized

If you are interested in learning more about Richard’s case, then pull down the tab above labelled “Who is Richard Wanke” and click on the “Greg Clark Murder” tab beneath it to read more about Richard’s murder case and predicament. The page  contains some background information. Please feel free to add your comments as you read. If you wish to be supportive, please consider attending the trial beginning next week. We’ll keep you posted as to where it takes place. If you are media, we hope your coverage will be balanced in it’s approach. If you are an interested defense attorney and will consider either pro bono assistance or court appointment, please call (779) 348 – 2487, anytime to prevent further injustice. We might just still need you. Anyone is also welcome to contact us via freerichardwanke@gmail.com and we also welcome Facebook readers of richardwanke and injustice everywhere to this site.


Anybody who looks at the performance of private prisons can see that they end up costing us more, harm more people, fail to rehabilitate, and should not be used.

“…Sally Yates, then the deputy attorney general, said in a memo that research had found private prisons “simply do not provide the same level of correctional services, programs, and resources” and “do not save substantially on costs” either. Essential government education and training programs for prisoners “have proved difficult to replicate and outsource” in the private sector, she said…”

https://www.theguardian.com/us-news/2017/feb/23/trump-revives-private-prison-program-doj-obama-administration-end


Well, it has been over 9 very long years for our friend, Richard Wanke, who is finally going to trial. His jury selection ended this morning and last minute matters will be heard tomorrow morning. Then, his trial begins Monday with opening statements.

Opening statements from each side will summarize what each side plans to prove by their evidence. Then, from that point forward we get to judge how well they do.

We want to thank everyone who has supported Richard over the years and those who have also contributed and helped with this blog. We hope to see you at trial!

WHERE: 4th floor, old Winnebago County Courthouse, 401 W. State St., Rockford, IL (Take elevators to the fourth floor and follow corridor right around to the very last courtroom; Judge Collins court in room 478.

WHEN: Beginning Monday 2/27/17, at 9am.

PLEASE: Remember to turn cellphones off (they get confiscated if they go off in courtroom), no cameras or recorders are allowed, and please sit on the Defense side (left side of courtroom and behind the defendant) in support of Richard.

Thank-you.

 

 


An AP article was just posted about a defendant in Atlanta, GA who has been sitting in jail and waiting to go to trial for the past 10 years:

“Kharon Davis has spent nearly 10 years in jail. He’s had four sets of attorneys, with two judges on the bench. His co-defendants’ cases have wrapped up. Davis has appeared in court for several hearings, and a new prosecutor is assigned.

But Davis has had no trial. There’s been no jury, no verdict, no conviction. Police say he killed a man in a drug deal gone wrong, but he hasn’t had his day in court. He’s charged with capital murder and could face the death penalty. Trial dates have come and gone, and it’s now scheduled for September. By then, 10 years and three months will have passed since the crime.

The Constitution guarantees suspects “the right to a speedy trial.” Capital cases often take a year or longer to get to trial, but 10 years is rare – experts call it shocking and say it could be unconstitutional. Prisoner advocates and court-watchers say such delays take an exhaustive toll on suspects stuck behind bars and on victims’ families, who are robbed of closure that can come from trials…”

Read the full article at: http://www.waff.com/story/34537151/10-years-in-jail-and-still-no-trial-for-murder-suspect

 And, locally, the Richard Wanke case

Since yesterday, when it was announced that jury selection for Richard Wanke’s trial for the murder of Greg Clark has just started, some persons have been expressing surprise on social media that it has taken so long for this trial to start and wondering how and why this can happen. Wanke’s case isn’t taking 10 years to come to trial like Kharon Davis’s case, but it is now over 9 years since the Clark murder occurred in 2008, and the effect in Davis’s and Richard’s cases are the same; they have both spent literally years behind bars without their guilt or innocence being heard at trial. This amazes people because it’s hard for them to imagine just sitting in jail so long without trial or the right to one. We all generally believe that justice works faster and that people are protected from such harm until trial.

Yet both been Kharon Davis and Richard Wanke have been stuck in this legal quandary for years unable to do anything about it. 

The way each was put into legal limbo differs, but they’ve have no remedy. The Davis article discusses the constitutional right of defendants to a “Speedy Trial”, which, if exercised by a defendant can ensure that the defendant is brought to trial within a relatively short time span; sometimes that of a year and-a-half. This is important because serious cases virtually ensure that defendants are held jailed and held without bond the entire time they await trial.

What the Davis article fails to clarify is that currently the right to a speedy trial is interpreted to apply only to ensure that the State must not delay and if the speedy trial right is invoked by a defendant, then the State is forced to act and take you to trial quickly or the courts can throw a case out or dismiss it even without trial due to overlong delay. The Davis article does not say if Davis or his attorneys ever submitted a speedy trial request. Richard Wanke did so on his own the first time he appeared in Winnebago County court on the murder charge. If Davis’s attorneys did not protect his right, then they were ineffective at the time and may have cost him the opportunity to properly challenge the State.

The problem is that the Right to a Speedy Trial is not regarded as enforceable when the defendant’s own attorney or defense delays trial, and this has been the predicament facing both Davis and Richard Wanke  for the past several years. 

The Davis article explains how Davis has been harmed by repeated delays by his attorneys. His first attorney, Benjamin Meredith, should have immediately known to step off the case because his son was involved in it’s investigation. His second attorney, Derek Yarbrough, apparently took his sweet time or did nothing on the case till Davis yelled and had him removed. His third attorney had a conflict-of-interest and it appropriately only took him a few weeks to withdraw. His 4th, and most important attorney who will probably be stuck doing the job and representing Davis properly, has only been on the case since June 2016, and will now have a very hard time coming up to speed on it and doing the basic work on the case which probably hasn’t been done. Now, after all this time that county court although it wouldn’t comment on the handling of Davis’s case, it is probably aware of it and might now monitor it carefully to bring it to trial relatively quickly. Of course, there’s also a new prosecutor on the case so if Davis files his Speedy request now, it might now just apply.

In Richard Wanke’s situation, the State completely investigated his case and still waited years past 2008 to charge him with the murder, gambling on the small probability that it would uncover new, definitive evidence of his guilt. That says more about the weakness of the State’s case against Richard Wanke than anything else. Six years later in 2014, when it did charge him, the State was fully prepared and the defense was non-existant. From then to now, the trial delay has been caused by the defense taking time to learn the case and defend it. Richard hasn’t been able to do anything about that delay except sit waiting in jail.

The Davis article mentions how exhausting and stressful the wait for trial is. Just the example of the machinations in Davis’s defense team above illustrate the rise and fall of stress a defendant can face while waiting to learn his fate. It also mentions a likelihood that defendants will be physically (or psychologically too) damaged by the long wait in jail in close confinement, even in isolation, and away from those they love.  Davis’ mother says her son’s health is “suffering”. He was age 22 when first arrested. Since arrested in 2008, Richard Wanke’s health, aged 49 too has suffered from imprisonment and, he will appear at trial using court head-phones to hear, because he’s lost 50% of his hearing by an assault behind bars.

While both Davis and Wanke might have a legal claim on the unconstitutionality of the time and process they have endured to get to trial, the reader can bet they’d have a difficult time finding an attorney to aggressively fight the issue for them. This is just one of the ways in which defendants regularly lose out in the criminal justice system.


EVERYONE is concerned about crime. That’s no secret. It’s debatable whether or not there is more crime today than in the past, but people generally feel more unsafe today; perhaps because they see and hear more media coverage about crime.

Most people are not tracing the trend though and do not perceive that criminals today are really racing against technology. Reports show local police department acquiring more military grade equipment and technology to fight crime. In a few years, this investment in technology will reduce crime as long as police departments are able to keep up with processing the results they will obtain from their new toys. Over time suspect identification and evidence gathering will become more and more sophisticated from the proliferation and use of cameras and other tracking devices that your average young or middle-class offender will stand little chance of escaping detection when committing crimes.

Locally, the Rockford Police Department is working to obtain more street cameras and a means to immediately identify gunshot  source locations. On the one hand, communities are in support of police attempts to beef up technology. On the other hand, at some point in the future, community citizens may end up finding police technology intrusive and themselves lacking any protection about it and it’s potential misuse.

While Rockford Police Chief O’Shea publicly works to get more equipment, most Rockfordians don’t know that the Rockford Police Department has also quietly discontinued it’s program for police officers to use body cameras. The department now claims body cameras are not a priority and are too expensive to implement.

Police departments across the nation support body cameras for police because they generally find them helpful in defending their departments against allegations of physical abuse against arrestees. However, Rockford abandoned them during their pilot project roll-out and never even gave them a chance to work.

Read, an issue of concern: Some police Departments regressing against use of body cameras

From the Article:

“…Mann said he does still believe body-worn cameras are an effective tool for police officers.

Defense attorneys and civil rights groups say the proposed script would give officers a blueprint to explain away misconduct documented on video.

Heather Hamel, executive director of Arizona Justice That Works, a group dedicated to ending mass incarceration, said reading officers the statement about video is effectively witness tampering.

“It’s going to impact the integrity of investigations involving police misconduct or potential police misconduct. It’s going to feed officers potential excuses to explain away their behavior,” Hamel said…”

Article: Crime Data helps police thrive: NYPD commissioner

Posted: February 20, 2017 by cworboy1493 in Greg Clark

http://www.usatoday.com/story/opinion/policing/2017/02/15/policing-the-usa-crime-compstat-new-york-police-department/97913528/

Article: Whatever Happened to Black Lives Matter?

Posted: February 20, 2017 by cworboy1493 in Greg Clark

http://www.theroot.com/whatever-happened-to-black-lives-matter-1792412728


http://www.thestate.com/news/business/national-business/article132542599.html


 

No one should have to die just because one is sent away to prison.  Yet, the story below is not new. Not everyone can withstand the mental and physical pressures of imprisonment especially when they are treated little better than warehoused cattle. We routinely see PETA and other animal rights group advertisements in print and on media about the abuse of animals in puppy mills, etc., and we cringe. But we ignore the terrible physical conditions, sensory deprivation and human misery prisoners suffer under in our state and federal prisons and even many of our county jails.

As in this story, the institutional response is most often complete indifference and non-acknowledgement of responsibility. Prisons and jails are run for cost and often operated at the lowest common-demoninator cost. Staffing is often minimal and operations are cheap. Human welfare and concern are not even on the menu.

Read Article: Losing a son in NY prisons

From article:

“…Lonnie Hamilton III entered the state prison system on January 2, 2015, after spending nineteen months in a city jail. He was assigned to a prison in central New York, two hundred and fifty miles from the Bronx, known as Marcy Correctional Facility. By then he was twenty-one. At the beginning of his imprisonment, he called his father often, but as the months passed he became more secluded. By the spring of 2016, Ham had not heard from him in several months. In early May, he began putting together a care package to mail to Lonnie: clothes for the upcoming warm weather, underwear, sneakers, some of his favorite junk food, like Oreos.

Ham went to the prison system’s Web site to find his son’s inmate number. He typed his son’s name into the inmate-lookup section; next to “Latest Release Date,” he saw “03/18/16 deceased.” “I’m, like, that must be wrong,” he recalled. “So I go and start the whole process all over, and it’s coming up ‘deceased.’ My head is swivelling a thousand miles an hour. What the hell is going on? So I call up there, and I’m trying to get answers.” That’s how he found out that “deceased” was not a mistake: Lonnie was dead.

Getting more information proved nearly impossible. “As I’m talking, these people are hot-potatoing the phone to the next person, to the next person,” he told me. He reached a male officer: “He F.U.-ed me, told me to have a nice day, and hung the phone up on me.” At that moment, Ham was riding in his brother’s car. “This threw me into such a rage, I damn near jumped out the car,” he said. His brother told him about an app that records telephone calls, and he started using it as he called around the prison.

Eventually, he reached Deputy Superintendent Mark Kinderman. “We did everything we could to try to get some kind of response, to try to track someone down,” Kinderman told him. “We tried a lot of different family members. . . . Every number we had was called, was called multiple times.” The father acknowledged the difficulty of tracking people down by cell phone—“a lot of people’s numbers tend to change”—but he asked why, if nobody could reach him on the phone, he had not received a letter notifying him of his son’s death…”

Eyewitness Reports and Unreliablity

Posted: February 20, 2017 by cworboy1493 in Greg Clark

Surveys show that most jurors place heavy weight on eyewitness testimony when deciding whether a suspect is guilty. But although eyewitness reports are sometimes accurate, jurors should not accept them uncritically because of the many factors that can bias such reports. For example, jurors tend to give more weight to the testimony of eyewitnesses who report that they are very sure about their identifications even though most studies indicate that highly confident eyewitnesses are generally only slightly more accurate—and sometimes no more so—than those who are less confident. In addition to educating jurors about the uncertainties surrounding eyewitness testimony, adhering to specific rules for the process of identifying suspects can make that testimony more accurate.

Ref: Scientific American, By Hal Arkowitz, Scott O. Lilienfeld on January 1, 2010


ROCKFORD — “It’s breathtaking. Oh my goodness,” a Rockford man said after emerging from the Winnebago County Jail into the sunshine this afternoon after more than 23 years behind bars for a murder he and his supporters maintain he didn’t commit.John Horton Jr., 40, was convicted of the 1993 murder of Arthur Castaneda in Rockford. Horton was 17 years old when Castaneda was fatally shot during a robbery at a McDonald’s restaurant, located at that time at 2715 Charles St. He was sentenced

Source: John Horton of Rockford free after more than 2 decades in prison