NEW VOICES: Former Reagan Attorney General and Former Manhattan Prosecutor Speak Out In Possible Innocence Case
Edwin Meese III (pictured), who served as U.S. Attorney General under President Ronald Reagan, and Robert Morgenthau, the long-time district attorney of Manhattan who served as a U.S. attorney under Presidents John F. Kennedy and Lyndon Johnson, believe that Alabama death row prisoner William Kuenzel is innocent and are urging the U.S. Supreme Court to review his case. Meese and Morgenthau belong to different political parties and take opposing views on capital punishment, but both believe that Kuenzel was wrongfully convicted and condemned for the 1987 murder of a convenience store clerk and deserves a chance to present new evidence. Kuenzel was implicated in the murder after a car belonging to Harvey Venn, a boarder in Kuenzel's home, was seen near the crime scene. He was convicted after Venn admitted to having driven the car, but claimed that Kuenzel had actually shot the clerk, and a 16-year-old passenger in a car that was passing by the store testified that she had seen Venn and Kuenzel inside the store. Alabama prosecutors offered both men a deal for leniency if they agreed to plead guilty and testify against one another. Venn agreed and spent only ten years in prison, but Kuenzel maintained his innocence and rejected the deal. Since the trial, previously-withheld evidence has emerged that supports Kuenzel's innocence claim, including police notes of an initial interview with Venn in which he said another man was in the car with him, and the grand jury testimony of the passerby in which the girl said that she "couldn't really see" the faces of the men in the store. In an amicus brief, Meese calls the withholding of that evidence "the very worst kind of Brady violation, which resulted in condemning to death a defendant whose conviction was obtained in violation of the Constitution and who is very likely actually innocent." Morgenthau said of Kuenzel, "[t]here's no possible way he could have committed the murder." Meese and Morgenthau also share a concern about the quality of representation in capital cases, and are calling for automatic appellate review of the competence of defense counsel.
(J. Bravin, "Law-Enforcement Legends Team Up in Death-Penalty Fight," Wall Street Journal, October 17, 2016.) See New Voices and Innocence. Read Edwin Meese III's amicus brief in William Ernest Kuenzel v. Alabama.