Anatomy of Injustice: A Murder Case Gone Wrong (Golden Guides) [Hardcover]

Do not read this book unless you are prepared to have your views on the death penalty and our American justice system challenged. This is a powerful story of a South Carolina murder trial where planted evidence and perjury were used to convict and sentence to death a mentally retarded African American man; it's the story of inept defense lawyers and a politically driven "justice" system which rewards winning over fairness and truth - even when a man's life is at stake. This journey through our court system is engaging, thought-provoking, and often disturbing.

When I started reading this book, I did so because of a general interest in true crime and our court system. At page one, my belief was that while the death penalty is often applied unjustly and capriciously in some states, it is appropriate for our more heinous criminals. As the author states, there are certain "horrific crimes" which "swell the ranks of capital punishment advocates and makes it hard for death penalty agnostics not to become believers." I didn't expect to be swayed from this belief. I was wrong.

In particular, I was shocked to learn how difficult it is to be granted a re-trial after one is convicted, fairly or not, of a crime - even if that conviction results in a death sentence. As the author bluntly states, "Innocence alone does not entitle a defendant to a new trial." He quotes Herrera v. Collins: "Due process does not require that every conceivable step be taken, at whatever cost, to eliminate the possibility of convicting an innocent person. To conclude otherwise would all but paralyze our system for enforcement of the criminal law." The author summarizes this by saying, "the need for finality in legal proceedings sometimes trumps what might be seen as fundamental fairness." The Supreme Court further states that once a defendant has had a fair trial, "the presumption of innocence disappears." In descent, Justice Blackmun stated, "I believe it contrary to any standard of decency to execute someone who is actually innocent. The execution of a person who can show that he is innocent comes perilously close to simple murder." It's too bad that his was a minority opinion.

"Anatomy of Injustice" is as captivating as any thriller; the characters in this tale are intriguing and the plot chillingly unbelievable for a work of non-fiction.

"If there is a flaw in the adversarial system of justice that has developed in America, it is that the adversarial nature of it outweighs justice."

Highly recommended.

The storyline of Anatomy of Injustice has unfortunately become an often-heard refrain in tales of capitol punishment cases in recent years. Take a young black male of limited intelligence accused of a rape/murder, an incompetent and alcoholic defense attorney, a police department and district attorney's office wanting a quick resolution to the crime, add a "jailhouse snitch" looking for a reduced sentence, and finally throw in tampered and or "missing" evidence - and you have the template for a gross injustice of historic proportions. What elevates this sad saga above others is that it contains not just some, but all the elements of heretofore trials of justice gone astray.

The case began with the rape/murder of Dorothy Edwards, a 76-year old white woman in Greenwood, South Carolina in 1982. Within hours a black man, Edward Elmore, who occasionally did odd jobs for the widow, was arrested despite little or no evidence. The police and prosecutors, seemingly within hours, became convinced that Elmore was responsible. They all but gave up searching for other potential suspects including the next-door neighbor who discovered the body and was reportedly having an affair with the deceased. Elmore, being mildly mentally retarded with a polite and deferential manner, was totally incapable of competing against a legal enforcement and prosecutorial system intent upon convicting him.

In an unheard of 7 weeks, Elmore was on trial for his life having been assigned a pair of lawyers - one alcoholic and both incompetent. The case was assigned to a casually racist judge. The prosecution through the voir dire process eliminated almost all blacks from the jury panel. Add a "jailhouse snitch" that would later recant his testimony, and all the ingredients would be present for a travesty of justice. In near record time Elmore was found guilty and sentenced to death. Elmore would have been executed in near record time as well, except for a most fortuitous series of events.

First a competent and concerned lawyer by the name of David Bruck was assigned to appeal his case to the South Carolina Supreme Court. Even more importantly, Diane Holt, a newly minted lawyer working for the South Carolina Death Penalty Resource Center, joined the defense team. Despite her limited experience and abilities, her pugnacious persistence in Elmore's defense over a nearly 20 year period would make Elmore the longest living convict on Death Row in South Carolina.

What Anatomy of Injustice makes abundantly clear is that once someone is convicted of a capitol crime, the un-ringing of that bell becomes geometrically more difficult. In fact, as Elmore is retried three times and his case reviewed by the state supreme court more than once, the issue of his potential innocence is far from the focus of the decision-making process. Just the fact that, despite all of the revelations in this case, Elmore remains in prison to this day is a testament to the intractability of criminal law.

In addition, Bonner has done an excellent job of describing the changes in the law concerning capitol punishment over the past 30 years, and the beneficial aspects of those changes in helping keep Elmore alive. He begins his book by describing the roles of the defense and the prosecution, at least in theoretical terms. The defense is to offer every possible explanation to show the innocence of the client. The prosecution's goal however, is to discover the truth and see that justice is done. He then shows us how this role was eviscerated by the prosecution in the Elmore case.

With a seemingly endless procession of cases in the news of inmates being released after serving numerous years for crimes that they did not commit, the Elmore case would seem to be a cautionary tale in the extreme. But contrary to the old shibboleth "justice delayed is justice denied", this case offers a twist on the adage - injustice delayed is injustice denied.

A wonderfully written account of a sad reality of police indifference, legal intransigence and a passion for justice when many would just move on.
Bonner weaves his journalistic skills For objectivity and the truth with those of a master story teller. On the way we learn much about the realities of the American legal system. A compelling read.