US~Observer Editor’s Note: Due to the constant and significant amount of US~Observer subscribers and others inquiring about the ongoing Jamie Clark post-conviction case in West Palm Beach, Fla., we are providing this update. The information below brings the public up to date on this travesty of justice. We will be publishing further once Judge John Kastrenakes makes his ruling.
West Palm Beach, Fla. — On Oct. 13, 2006, Jamie Clark was involved in an automobile accident that tragically ended the life of Lucy Miller. Miller, 85, made a U-turn that experts and witnesses say caused the accident. Rabbi Marci Bloch was the only eyewitness other than Clark and the deceased Miller. In regard to Miller pulling directly in front of Clark, Bloch stated: “I had a moment of wanting to say, ‘Don’t go! What are? What are you doing? It was almost like there wasn’t enough judgment in the turn, because it was… I… I would never have made that turn.”
In 2012, Clark’s defense discovered new evidence (vehicle diagnostic reports from Miller’s vehicle), which was not made available or provided to Clark’s defense prior to his conviction in 2011. The evidence was found as his new defense searched through the State’s old file. This evidence, according to experts, scientifically shows that Clark was not at fault, and substantiates Bloch’s statement. Now, more than seven years after the accident, Judge John Kastrenakes is set to rule on a Brady Violation that was rightfully remanded to him by the 4th District Court of Appeals in March.
What is a Brady violation? Wikipedia states:
Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the U.S. Supreme Court case, Brady v. Maryland,in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process. Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses. Evidence that would serve to reduce the defendant’s sentence must also be disclosed by the prosecution.
Prosecutors and defense experts argued the validity of the newly discovered evidence in front of Kastrenakes in August.
Kastrenakes, who was originally set to rule by Nov. 15, has asked for an extension and is set to rule on the Brady violation by Jan. 18.
Locked up since Sept. 15, 2011, Clark will likely be in prison this Christmas, awaiting an answer from Kastrenakes that should allow him to receive a new trial.
The US~Observer asks that our readers please send their prayers and regards this holiday to Clark and his family. His mother and father, who have dedicated many years to proving Clark’s innocence, have struggled greatly with their health. Under severe stress, Clark’s mother fell down a flight of stairs, causing a severe ankle fracture that required surgery. Clark’s father, who expected to be reunited with his son this November, recently suffered a near life-ending heart attack, which has left him hospitalized on four separate occasions. You can reach out to Clark’s friends and family though Facebook.
The tragic events of Oct. 13, 2006 will never be forgotten. This miscarriage of justice, for which former West Palm Beach Assistant Prosecutor Ellen Roberts is responsible, has cost the Clark family much more than words can describe. Now, Florida State Prosecutor Dave Aronberg and his assistant prosecutors are fighting to keep Clark in prison. Clark deserves justice this holiday season. Please reach out to him and his family with your support. A list of people to contact will be made available on the Jamie Clark Deserves Justice Facebook page.