Justice Undone

I live in Michigan but I admit this is the first time I've ever heard of William J. Hetherington. Writing in Townhall today, Phyllis Schlafly looks at his rape conviction from 20 plus years ago and believes she knows why he is still there--despite the dubious nature of his conviction.

Hetherington has always maintained his innocence. It was a he-said-she-said case during a custody battle; he said it was consensual sex, she said it was rape. The judge used Michigan's new Rape Shield Law to prohibit cross-examination of Linda.

No physical evidence of rape was produced at the trial. A pelvic examination of Linda at the hospital three hours after the alleged offense showed no evidence of injury or forced penetration. Apparently, what persuaded the jury to convict was the testimony of two police officers that they had observed tape marks on Linda's face.

The court-designated psychologist who examined Hetherington, Harold S. Sommerschield, concluded: "This is not a man who would force himself sexually or hostilely on another individual, as this would be foreign to his personality dynamics. ... his histrionic personality ... would substantiate his explanation of what has occurred in regards to the relationship with his ex-wife."

The rape charge was prosecuted simultaneously with the custody case, and the divorce court had frozen all Hetherington's assets so he had no money to hire a lawyer or make bond. Nevertheless, the criminal court ruled that he was not indigent and refused to provide him with a lawyer.

For 12 years, the court refused to provide Hetherington with a transcript of the trial. Without funds, he was unable to buy one, so he was effectively denied his right of appeal, and no appeal has ever been heard on the substance of this case.

Read the article because it gets worse and the tale continues on today with Hetherington still serving his sentence.

Meanwhile, leftist demagogues lament the surveillance of Islamic terrorists and the invasion of their rights as they go about plotting to kill Americans. I'm wondering if Hetherington wishes someone would go to bat for him with the same zeal.

This is where his legal case stands today.