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CALL FOR ACTION: How do you prove innocence?

By WINK News

ARCADIA, Fla. - Twenty-two years in prison for killing his seven kids. The man's conviction was overturned. Does this mean he's innocent? It is a million dollar fight over what innocent really means.

41-years ago in Arcadia, seven siblings were poisoned. They were murdered. Their father, James Joseph Richardson, was thrown in jail for the heinous crime.

"James Richardson is in fact innocent," Robert Barrar tells Call For Action. Barrar is Richardson's lawyer. For 22-years Richardson sat in prison for killing his own kids. Then in 1989 Richardson's conviction was thrown-out. He is a free man.

But, that is not the end of this story. In fact, it is just the beginning.

A new law, less than a year old, allows people convicted of crimes they did not commit to get money from the state. Florida is refusing to pay. James Joseph Richardson left prison and Florida behind when he was set free.

Today in Arcadia, seven tiny tombstones are the only peaceful memory of what happened 41-years-ago. That's when seven children were poisoned with a toxic pesticide in their lunches.

Their father appeared on the front pages of the newspapers, he was arrested, convicted, and sentenced to die. "I can not imagine anything worse than being placed on death row for killing your children - when you in fact did not do so," say Barrar. He explains the pain and torture his client went through for more than two decades, "nothing could be worse."

A 1972 Supreme Court decision banning the death penalty saved Richardson's life. His new sentence was spending the rest of his life in prison. Seventeen years later new evidence turns up, stolen by a concerned man in Arcadia, Remus Griffin.

The new evidence is sent to Florida Governor Bob Martinez. The evidence shows a quick investigation and questionable court testimony.

So, the Governor Martinez signs an executive order and moves the case from DeSoto County to Miami-Dade County for review. The reviewer is Janet Reno. She was then the Miami-Dade State Attorney. Reno is the very same person that would go on to become United States Attorney General. Barrar explains her reaction to the case, "Miss Reno and her office decided to drop all charges against Mister Richardson, because they realized he is innocent.

Richardson walks out of jail broke and broken. Many people in his old town and still believing he's a murderer seven times over. As a result, he leaves for a fresh start in Kansas.

The orange picker with 20-plus years in prison is scraping by living with a friend. Now, with Florida's new law and the possibility of $50,000 for every year he spent in prison. Barrar says there could be something more, "I think in a way it will give him closure."

The law appears to be simple. If you are innocent of the crime you went to jail for, and have not committed any other felonies, all you have to do is apply for the money.

But, in DeSoto county, all these years later, State Attorney Earl Moreland is challenging Richardson's claim in court. "I can't tell you what the State Attorney's Office and Mister Moreland are going to do," says Barrar.

The Governor sent the case to Miami-Dade County which threw the conviction out. State Attorney Moreland says that's not the same as proving Richardson is innocent, which the law requires to write that $1,100,000 check.

Moreland's Chief Assistant State Attorney e-mailed Call For Action, saying it would be inappropriate to comment on a case headed to court. But his legal filing claims the case was not retried because the evidence in the original case was gone, not because James Richardson was not guilty.

The bottom line in this story is, how do you prove innocence? The answer is crucial, because this is the first case under the new law. That means it will likely be the precedent for who does and doesn't get paid for being wrongfully convicted.

Wednesday, Dec 24 at 9:52 PM Remus Griffin wrote ...

FYI : Richardson's attorney filed the petition under the wrong case number. Robert Barrar filed the petition in DeSoto County in case number 3302-D. 3302-D is the LEE COUNTY case number where he was tried. The origional charges were filed in DeSoto County in case number 2405. If Barrar did in fact file under the correct case number, he filed it in the WRONG COUNTY. It clearly states on the cover of the Richardson case files, Case Number 2405 (DeSoto Co.) and Cae Number 3302-D (Lee County). FYI..

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Friday, Nov 14 at 12:31 PM A MAD WOMAN wrote ...

THIS JUST GOES TO SHOW THAT DESOTO DO NOT CARE ABOUT ANYONE THAT IS INNOCENT ALL THEY CARE ABOUT ARE THEMSELVES AND THE MONEY THEY CAN GET WHEN YOU ARE IN JAIL/PRISON I BET IF IT WAS A WHITE MAN HE WOULD NOT OF DONE THAT MUCH TIME AND STILL GET ALL OF THE MONEY HE DESERVES HOW ARE YOU GOING TO MAKE A LAW BUT CAN NOT ABIDE BY IT AT LEAST YOU DO NOT ABIDE BY IT WHEN ITS A BLACK MAN THAT IS RIGHT TRUST THIS ONE THING EVERY DOG HAS IT'S DAY!!

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Friday, Nov 7 at 9:52 PM Tampa wrote ...

Then who did it? And an even better question is, why?

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Friday, Nov 7 at 1:30 AM Arcadia Lifelong Resident wrote ...

Didn't Richardson receive compensation after his release? Where is the money he received in his lawsuit against DeSoto County? Oh what I have been told about him and Betsy Reese, who is now dead from those that knew them. If only that could be included in determing whether he is innocent or not. Of course using the Reese claims as being the murderer-one would have to ask why she would do such a thing? Oh if only the black old timers I know could tell their side.

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Thursday, Nov 6 at 10:41 PM Remus Griffin wrote ...

In replying to 5:40 AM Anonymous's statement : I was 8 years old at the time of the murders in 1967 and did not get the file until many years later when I was an adult. I risked spending 15 years in prison for stealing that file from the former assistant State Atorney and getting it made public. Before judging me, get all the facts first. You're sharing the same qualities as those who were and are responsible for James Richardson ever going to prison with your rush to judgment attitude.

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Thursday, Nov 6 at 8:31 PM D-Bag wrote ...

They took his life away, he deserves to be compensated! You shouldnt have to prove innocence, you are innocent until proven guilty, but it seems that is forgotten sometimes.

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Thursday, Nov 6 at 4:22 PM Stand for Justice wrote ...

If this case was overturned and this man was released, after living in prison for many years, for a terrible crime, he should be awarded every cent. Considering the situation, he really deserves all and more. No job skills, being institutionalized for several years, to be released into a world that has definitely changed in 22 years. GOD BLESS YOU Mr. Richardson....God has the final say here

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Thursday, Nov 6 at 11:25 AM Victoria wrote ...

I seriously hope the new evidence proves that this man did not kill his seven children. If it does, the state should pay him every dime and then some for having him spend 22 years of his life in prison. This story makes me feel sorry for all the millions of other innocent people behind bars.

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Thursday, Nov 6 at 8:59 AM Misty wrote ...

Why??? Just give the man his money.. He deserves it.. They need to stop wasting time and go find people who really are criminals.

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Thursday, Nov 6 at 5:40 AM Anonymous wrote ...

Ok So someone stole evidence that was conclusive enough for him to be released, so what happened to the man that stole the evidence. Seems to me like that man has some responsibility in this too. If he kept the info to 22 years hmmm seems to me like he knew what he had and just did not care about this man sitting in jail for a crime he did not commit.

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Thursday, Nov 6 at 3:10 AM Freedom wrote ...

Arcadia is still a racial town. God Bless him. Mr. Barrar should send his argument to the United States Attorneys Office. And Give them Mr. Morelands view on this since WE just elected the first African-American President. Got a good feeling Mr. Richardson will get the money he deserves. God Bless America,I am white but that should not make a differance. Right.

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Wednesday, Nov 5 at 9:24 PM Anonymous wrote ...

If this man is innocent...he deserves every cent of that money and then some.22 years in prison for something you didn't do, is a very long time. God Bless this man

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