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Notes -
It's a little rough because the actual facts for the actual conviction are genuinely messy.
Johnson's conviction for the robbery and homicide of Kenyatta Smith depended heavily on Ozzie Clark's testimony identifying him, and if you actually look at the transcript, that identification is genuinely pretty shaggy as testified. Charitably, Clark did genuinely have reason to fear retribution had he immediately pointed at a murderer, and at court received not-very-subtle intimidation in the court room, so him claiming to have no idea who the shooter was the day after the murder could plausibly just that. It's also a lot of impeachment material for a witness. The jury had the information, and the supposedly prejudicial hearsay was just a police officer saying the other accused guy pointed to Johnson, so I can't judge too critically by just reading transcripts. I can at least see it, though, where some of the others are just clearly guilty people.
Even the misleading statements during the concession aren't that misleading, at least by the standards of defense attorneys and activists. I'm pretty pessimistic on what that means, so we're fully in damning with faint praise space, but you don't have fabricated quotes or completely made up claims. Clark did genuinely say he was motivated to provide testimony now because of "civic duty"/"civil duty" after claiming something entirely different before, and did genuinely say he had "not visual" identification. But he also claimed during the trial he "I didn't need any problems by getting involved in all this" (aka feared retribution), and that he'd seen Johnson very shortly before the shooting, had known him for a long time, and had heard his voice, and none of those things made it into the concession. That's the sort of stuff that's a central case of what 'duty of candor to the court' means in a classroom, and also the sort of failure of candor that ends up polluting widespread pleadings.
But the actual behavior in the review office is hilariously bad. "Stiegler Schemes to Blame Mason" sounds like a partisan judge editorializing, until you read the section:
And then later:
This is three stooges shit.
Now, to be fair, this is one judge's summary of affidavits, where pretty much everyone involved has strong incentive to cover their ass and sell someone else up the river. But everyone there is a lawyer, so however you shake out the properties, somebodies lying. My gutcheck has Stiegler and Krasner at the worst side of the line, for what it's worth.
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