Wrongfully convicted Kansas man who spent 23 years in prison sues for $93m

Authored by theguardian.com and submitted by BlueZybez
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A Kansas man who spent 23 years in prison for a double murder he did not commit is seeking $93m in damages from the county where he was convicted and a former detective he says framed him.

Lamonte McIntyre, 45, and his mother allege in a lawsuit filed in 2018 that the unified government of Wyandotte county and Kansas City, Kansas is responsible for the actions of former police detective Roger Golubski and other officers involved in his prosecution.

A federal judge on Thursday set a 7 November trial for the civil case. The unified government wants to have the trial moved to Wichita because of extensive publicity in the Kansas City area, KCUR reported.

McIntyre’s mother is also seeking $30m. She and her son allege Golubski coerced her into sex then framed McIntyre for a double homicide in 1994 because she rejected the detective’s later sexual advances.

They also allege Golubski abused Black women for years and many officers were aware of his conduct. The pre-trial orders includes initials of 73 women.

Golubski denies the allegations and has asked they not be allowed as evidence in the case. If the allegations are admitted, he will argue he was a good officer during his career from 1975 through 2010, when he retired, according to his lawyers’ statement.

McIntyre was freed from prison in 2017 after a prosecutor asked the court to vacate his convictions and drop all charges. In 2020, he was awarded a certificate of innocence and $1.5m from the state.

McIntyre, who now lives in Arizona, has post-traumatic stress disorder and suffered other negative emotional impacts from his imprisonment, according to the lawsuit.

His mother also has been diagnosed with PTSD and has sought psychological treatment for 17 years, the lawsuit says.

The government contends even if the allegations of misconduct are proven it is not liable because the officers’ actions were outside the scope of their employment. It also denies the police chief knew about the alleged misconduct.

lives4pizza on March 19th, 2022 at 22:43 UTC »

They also allege Golubski abused Black women for years and many officers were aware of his conduct. The pre-trial orders includes initials of 73 women.

Golubski denies the allegations and has asked they not be allowed as evidence in the case. If the allegations are admitted, he will argue he was a good officer during his career from 1975 through 2010, when he retired, according to his lawyers’ statement.

no, you are not a good officer.

dude_thats_my_hotdog on March 19th, 2022 at 20:55 UTC »

https://centurion.org/cases/mcintyre-lamonte/

Two people who witnessed the shootings from across the street erroneously identified Lamonte McIntyre as the shooter from a photo line-up. One of those witnesses, a cousin to both victims told ADA Morehead before the trial, when she saw Lamonte in person that he was not the murderer. Morehead threatened her with contempt charges and losing her children if she did not continue with her testimony as previously agreed. She formally recanted her identification two years after the trial in a signed affidavit saying that police forced her to identify Lamonte by threatening to take away her children if she did not cooperate. Her sister who had not been interviewed before also came forward with a signed affidavit saying that she witnessed the murder, saw the shooter and it was not Lamonte.

There was no physical evidence, no weapon, no motive, and no connection between Lamonte and the victims. Five alibi witnesses accounted for Lamonte’s uninterrupted presence away from the crime scene prior to, at the time of, and after the murder. He was still convicted.

The prosecuting attorney had a prior romantic relationship with the judge which was not disclosed. Roger Golubski, the lead detective in the case was well known for misconduct and for exploitation of black women. Witnesses eventually came forward to say his behavior and reputation caused them to lie or withhold exculpatory information. The prosecution also withheld exculpatory information. The attorney appointed to defend Lamonte at trial, Gary W. Long, was placed on supervised probation by the Kansas Supreme court shortly after that appointment for errors made in three prior cases. Long’s poor representation of clients continued and he eventually surrendered his license. He was disbarred in 1998. When Lamonte filed a post-conviction motion for a new trial contending that his original trial was not fair, the court appointed Mark Sasche to Lamonte’s case. He never communicated with Lamonte prior to his hearing, did not bring any evidence, any witnesses or even Lamonte to court. The motion was lost. Sasche mishandled several other cases at the time he was representing Lamonte and he was eventually disbarred as well.

cpt_morgan___ on March 19th, 2022 at 19:30 UTC »

“Certificate of innocence” what a joke? He’s never going to be able to have a good life even with your pathetic piece of paper. You were the ones who wanted to use him to cover for your bullshit. You should be paying for his pension for the rest of his life and cover any lifetime expenses he has.