Barry Sheck
Appearances
Crime Junkie
MURDERED: Dana Ireland
Your Honor, this is a critical day in Ian Schweitzer's journey towards justice. It started on October 4th, 1997, when he was arrested and jailed for the sexual assault and murder of Dana Ireland. He has insisted on his innocence for all who would listen for 26 years. 9,243 days marked by fear, confusion, isolation, sorrow, anger, despair, terror, and now hope.
Crime Junkie
MURDERED: Dana Ireland
Ian never stopped, hoping that this injustice would be corrected. The family has been ridiculed, shunned, treated like pariahs in their community. But none of the Schweitzer's ever gave up hope that there would be a day of justice that would arrive. As Dr. King famously said, after the five-day march from Selma to Montgomery, truth crushed to earth will rise again. No lie can live forever.
Crime Junkie
MURDERED: Dana Ireland
The arc of the moral universe is long, but it bends towards justice. We want to thank the court in particular for the wisdom, guidance, and patience that you've had with all of us over this entire proceeding. We rest.
THREE
Factual Innocence | Chapter 9
Just an aside, Your Honor, I also spoke to Mr. Ortiz back when this case was active. And Mr. Ortiz asked me if I could help him in any way. So, for whatever that's worth. So we're here, Your Honor, for the actual innocence. And we fully recognize that Sean has the burden of proof. And so I guess the first question is, what is that standard of proof?
THREE
Factual Innocence | Chapter 9
As Mr. Sheck said, we believe that the proof surpasses preponderance of evidence, as well as clear and convincing. And I think we urge the court to acknowledge both standards, to say that regardless of what the standard is, that we've met that standard, and that'll protect the record in this case. In terms of, well, what does actual innocence mean? No one's really said what it means.
THREE
Factual Innocence | Chapter 9
No reasonable juror would have found him guilty beyond a reasonable doubt. And I would just say that after the contested hearing, this court has already concluded that the newly discovered evidence, newly presented evidence was credible and relevant.
THREE
Factual Innocence | Chapter 9
that the court further concluded that the new DNA and bite mark evidence, newly presented tire tread evidence, and the recent recantation of Sean conclusively proved that in a new trial, a jury would likely reach a verdict of acquittal, which is the federal standard. What did Sean do to make him guilty? And what proof do you have? And the first one is, is that Sean pled guilty.
THREE
Factual Innocence | Chapter 9
Well, if you look at what the plea form says is that Sean pled guilty by manslaughter by omission and kidnapping by omission. That was the poison pill that was placed in the plea agreement. because there are no such charges that exist legally as manslaughter by omission and kidnapping by omission. He pled guilty to charges that do not exist.
THREE
Factual Innocence | Chapter 9
If Sean was not actually innocent because he pled guilty, then why did they allow him to withdraw his guilty plea and dismiss the case against him when they did not have to? And the reason is is they believed he was actually innocent. They just can't say it.
THREE
Factual Innocence | Chapter 9
Now, the state also argued that Sean was not actually innocent because he gave a statement detailing Ian's and his involvement and Sean's involvement that may be consistent with Albert Laurel Jr. only involved in one of the crime scenes. We submitted an exhibit in two parts that are at docket 64 and 66 in Sean's case, and that is the report of Dr. Richard Leo.
THREE
Factual Innocence | Chapter 9
And Dr. Leo, in his opinion, stated that the statement, Sean's statement to Guillermo and the change of police statement met the criteria of proven false confessions. And as Mr. Sheck has indicated, Sean did not pass the polygraph. And I know because I was there. And I'm the one who spoke to the polygrapher as well as Detective Guillermo.
THREE
Factual Innocence | Chapter 9
Good morning. And one of the things that we really wanted to focus on, we laid it all out, of course, in the motions to compel, that the FBI agent here, it's clear, was working with local police. She was trained on how to do this genetic genealogy. We had retained Stephen Kramer, who found the Golden State killers.
THREE
Factual Innocence | Chapter 9
And what the DNA testing shows without question is that he had sexually intercourse with Dana Eilish. His semen was on the vaginal swabs. His semen was on the gurney. There was even a semen stain on the GBC t-shirt. It's all Albert Lauro Jr., Now, if that's not probable cause for homicide, I don't know what is.
THREE
Factual Innocence | Chapter 9
I am sorry if I am upset and perhaps raising my voice here, and I apologize yesterday at our Roving Room conference for being so passionate about this, but I've been doing this since 1992, innocence cases, and a lawyer since 1975.
THREE
Factual Innocence | Chapter 9
And I can't tell you, I have never been more disturbed by the conduct of law enforcement here because we made it clear as day that if they didn't arrest him to take a swab, certainly, there was a clear danger that he would kill himself because obviously there was probable cause to believe he committed a murder.
THREE
Factual Innocence | Chapter 9
Now I leave it to Mr. Shigetomi and Mr. Harrison to argue that point further with the court because they are Hawaiian lawyers and they know this from their own experience in cases.