CNSNews.Com Corrects Death Penalty Story, But Claims Are Still Deceptive

After I sent CNSNews.Com an e-mail about the problem with their article on capital punishment, it corrected the story to explain that Larry Osborne had, indeed, been acquitted by a jury. But the effect of the way the story is told is still deceptive. Here’s how the story reads now (emphasis added),

Contrary to the impression left by the beginning of the group’s press release and Dieter’s comments, however, Osborne was not found by the Kentucky Supreme Court not to have committed the crime of which he was accused. The court reversed his conviction on procedural grounds. Osborne was later retried in a lower court and the jury – which was not allowed to view a now deceased eyewitness’ videotaped testimony against him – found Osborne not guilty of the murders.

Did Dieter leave the impression that the Kentucky Supreme Court found Osborne had not committed the crime he was accused? Here are the first three paragraphs from the Aug 1, 2002 press release in question,

Larry Osborne became the nation’s 102nd exonerated death row inmate since 1973, according to an announcement made today by the Death Penalty Information Center (DPIC). Osborne was sentenced to death in 1999 following his conviction for the murder of two elderly victims in Whitley County, Ky. He was 17 at the time of the crime and has spent over three years on Kentucky’s death row.

The Kentucky Supreme Court reversed Osborne’s conviction based on its finding that the trial court allowed inadmissible hearsay
testimony from a witness, Joe Reid. Reid passed away prior to the original trial and, therefore, could not face cross-examination during
Osborne’s first trial. At his re-trial completed today, Osborne was acquitted of all charges and set free.

As the number of death row exonerees continues to rise, the risk of fatal error within our system becomes increasingly clear,” said
Richard C. Dieter, DPIC Executive Director. “This is further evidence that our system of capital punishment is so seriously flawed that all executions should be stopped.”

Where in there does Dieter leave the impression that the Supreme Court did anything but reverse Osborne’s conviction and order a new trial? I just don’t see it.

Source:

KENTUCKY MAN IS NATION’S 102nd DEATH ROW EXONEREE. Death Penalty Information Center, Press Release, August 1, 2002.

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