 |
| John L. Hill |
Robert Roberson was scheduled to die by lethal injection on Thurs., Oct. 18, 2024, for killing his two-year-old daughter in 2002. In Texas, the governor cannot commute the death penalty. All Gov. Greg Abbott could do was grant a one-time 30-day reprieve. That was unlikely, as he had used this power only once during his 10 years in office.
Roberson had been found guilty of using discredited science in what has become known as “shaken baby syndrome” to result in the call for the death penalty. It was the same “science” that led to the conviction of Tammy Marquardt in Canada. Some believed Marquardt was not guilty and that her case was referred to a group that successfully challenged her conviction and ultimately secured her exoneration. Texas lawmakers have issued a subpoena requiring Roberson to testify before a legislative body. It was a move that secured a delay in the execution process. Whether it will allow time to ensure a retrial is up in the air. The fight for exoneration will continue.
The critical element in securing an exoneration of someone wrongly convicted is someone stepping forward with a verifiable belief that an innocent person is being wrongly punished. In an earlier column, I wrote about two individuals sentenced to life imprisonment who are now claiming wrongful conviction: Vito Buffone and Jeff Kompon. Reading the transcript of their trial and recognizing the lack of proof and procedural errors makes it disheartening to anyone who believes in our criminal justice system.
Buffone’s teenage son, Vito Jr., has come forward and established a blog to induce others to demand justice for his father. Check it out here.
The first passage in that plea reads as follows:
Fighting a wrongful conviction is not easy, but the task's weight is lightened when there are supporters. I urge readers to check Vito Jr.’s Instagram page and click the “like” button. Complacency allows injustice to triumph. Let’s hope that work yet to be done by the team working for the exoneration of these men can count on popular support for their cause. In a future Wrongful Conviction Day, we might see Vito Buffone and Jeffrey Kompon being piped in as exonerees.The tragic story of Vito Buffone sheds light on a shocking miscarriage of justice within the Canadian legal system. Faced with over a dozen charges, including money laundering and cocaine trafficking, Buffone endured a lengthy and harrowing trial. Ultimately, he was wrongfully convicted of conspiracy to import cocaine and was initially sentenced. However, the Crown, led by Ruth McGuirl, Lisa Mathews, Amber Pashuk, and Ian Bell, appealed the sentence, resulting in a staggering 22-year life sentence handed down by Justice J. Ramsay. What’s most disturbing? No tangible evidence ever linked him to these crimes. Instead, it seems the prosecution relied heavily on circumstantial claims and questionable practices to secure a conviction based on mere assumptions.
Now, the dedicated team at James Lockyer's law firm, renowned for its relentless pursuit in miscarriages of justice, has taken up Buffone’s case. They are working tirelessly to submit an application for a ministerial review, striving to overturn his conviction and reveal the truth of his innocence. Buffone’s ordeal serves as a haunting reminder of the flaws within a justice system that can condemn the innocent, leaving lives shattered by the very institutions meant to protect them. He is not alone; countless others share his fate, caught in the web of a system that sometimes prioritizes expediency over truth.
John L. Hill practised and taught prison law until his retirement. He holds a J.D. from Queen’s and an LL.M. in constitutional law from Osgoode Hall. He is also the author of Pine Box Parole: Terry Fitzsimmons and the Quest to End Solitary Confinement (Durvile & UpRoute Books) and The Rest of the [True Crime] Story (AOS Publishing.). Contact him at johnlornehill@hotmail.com.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
Interested in writing for us? To learn more about how you can add your voice to Law360 Canada, contact Analysis Editor Peter Carter at peter.carter@lexisnexis.ca or call 647-776-6740.