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Biden Fails a Death Penalty Abolitionist’s Most Important Test

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The mystery of Joe Biden’s views about capital punishment has finally been solved. His decision to grant clemency to 37 of the 40 people on federal death row shows the depth of his opposition to the death penalty. And his decision to leave three of America’s most notorious killers to be executed by a future administration shows the limits of his abolitionist commitment. The three men excluded from Biden’s mass clemency—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—would no doubt pose a severe test of anyone’s resolve to end the death penalty. Biden failed that test.

Acquitted Death Row inmate files $360M suit

A Chicago man acquitted of murder after spending more than 17 years in prison filed a federal lawsuit Monday that seeks more than $360 million dollars from those who allegedly falsely imprisoned him.

Nathson E. Fields claims he spent 17 years and 11 months in prison after being falsely arrested, indicted and convicted for the April 28, 1984, shooting deaths of Talman Hickman and Jerome Smith on the 700 block of East 39th Street. He was acquitted of the murders on April 8, 2009, following a retrial, according to a suit filed in U.S. District Court.

Fields is a former high-ranking gang member for the El Rukn street gang, according to the Chicago Sun-Times.

The suit lists 38 defendants, including the City of Chicago, Chicago Mayor Richard M. Daley, former and current Chicago Police superintendents, former and current Chicago Police officers, the Fraternal Order of Police, Cook County, the Cook County State's Attorney's office, former and current Cook County state's attorneys, former and current Cook County assistant state's attorneys. The suit also lists John Does one through 100 as defendants.

The suit claims eyewitness Sandra Langston gave a description of the shooter, and Fields was arrested on June 14, 1985, despite not fitting that description. Langston told police the gunmen both were men in their early 20s with a light complexion. Fields has a dark complexion and was 31 years old at the time of the shootings, the suit said.

The suit claims the defendants acted in a "concerted effort and pursuant to policies, practices, customs and unconstitutional actions" in prosecuting Fields. Judge Thomas J. Maloney sentenced him to death for the murders, the suit said.

The judge was later convicted in federal court of taking bribes in murder cases and was sentenced to 15 years in prison, the suit said. Maloney died after spending 13 years in prison.

Fields spent more than 17 years in prison, and spent about 6 years free on bond, before he was acquitted. Fields claims that while in prison he was beaten and gassed at the Pontiac Correctional Center, beaten by guards at the Menard Correctional Center and Cook County Jail and was denied the opportunity to attend his mothers funeral services, according to the suit.

"I feel like my prayers have been answered," Fields told the Sun-Times after Judge Vincent Gaughan issued the not guilty verdict in the retrial. "It's like a dream."

Gaughan said he found the prosecutors' witnesses, including key witness and initial co-defenant Earl Hawkins, not credible.

Hawkins, who admitted to killing 15 to 20 people, pleaded guilty to a lesser charge of armed violence in exchange for his testimony against Fields.

Fields is seeking more than $360 million plus the cost of attorneys fees in the 15-count suit. No lawyer is listed on the suit and Fields himself is listed as the only contact.

Source: Chicago Sun-Times, Feb. 23, 2010

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