Prisoner Sues for “Evidence of Injustice”

From Make the Walls Transparent:

Prisoner Sues for “Evidence of Injustice”

Posted By MTWT – Lucy On August 22, 2009

Prisoner files lawsuit against Cortez Masto and three Deputy Attorney Generals for Failure to Correct False Testimony

Roger Libby has been in prison in Nevada for 19 years, almost all of which were spent on death row after his conviction for the killing of two men in Humboldt County in 1990.

Libby’s conviction was exclusively based on circumstantial forensic evidence provided by the FBI’s crime lab through an “expert” on Comparative Bullet Lead Analysis (CBLA), which compared the chemical composition of lead in various recovered bullets

Mr. Libby’s lawsuit alleges that Defendants Catherine Cortez Masto, Attorney General of the State of Nevada, and three Deputy Attorney Generals; David K. Neidert, John M. Warwick and Heather D. Proctor, while acting under the color of state law, conspired to and have in fact denied Mr. Libby his right to due process under the Fourteenth Amendment by allowing false evidence to go uncorrected based on the knowledge that such evidence is false. Furthermore, the suit alleges, the denial of his due process rights resulted in a consequential loss of liberty sufficient to constitute cruel and unusual punishment in violation of his Eighth Amendment (Charles Pillar, FBI Abandons Controversial Bullet-Matching Technique, Los Angeles Times, September 2, 2005). FBI Laboratory Director Dwight Adams said that the decision to discontinue CBLA at the FBI Laboratory was “based primarily on the inability of scientists or manufacturers to definitively evaluate the significance of an association between bullets made in the count of a bullet lead examination.” (Press Release, United States Department of Justice, Federal Bureau of Investigation)

The Washington Postand CBS Sixty Minutes television news program recently completed an investigation into comparative bullet lead analysis and its promotion by the FBI Laboratory. As a result of these investigations, 60 Minutes aired a program titled Evidence of Injustice on November 18, 2007. On this program, Dwight Adams, Director of the FBI Laboratory conceded that comparative bullet lead analysis was scientifically unsupported and misleading to the point of false testimony.

As a result of the 60 Minutes program airing on CBS on November 18, 2007, Mr. Libby filed a Motion to Supplement his Amended Petition for Writ of Habeas Corpus with supporting exhibits, including a DVD of the 60 Minutes program; therefore, Defendants are aware that Mr. Libby’s conviction is based on false testimony, and they have failed to take any action whatsoever to correct evidence and testimony known to be false, despite their constitutional duty to do so.

Pursuant to Nevada Revised Statute (N.R.S) 228.210, if the Attorney General neglects or refuses to perform any of the duties required of him by law, he is guilty of a misdemeanor or is subject to removal from office.

Defendants have known that to allow Mr. Libby’s conviction to stand based on the knowledge that the evidence was falsified and a denial of due process occurs where the state allows false evidence to go uncorrected. (Brady v Maryland)

Mr. Libby is asking for damages in excess of $1 million for the nearly 20 years he has been imprisoned based on evidence the Attorney General of the State of Nevada knows is false.

MTWT wishes Mr. Libby well on his lawsuit and we hope that he is awarded in excess of $1 million dollars for his time in prison, not only because he deserves it, but as a lesson to other deputy attorney generals and district attorneys who knowingly fail to correct false testimony, robbing people of their freedom and their lives.

Please contact Roger Libby for more information or if you have information for him:

Roger Libby #30842
Ely State Prison
P.O. Box 1989
Ely, NV 89301