Freeing an Innocent Man?
If you had critical information that could free an innocent man from prison, would you reveal it to a judge, even if doing so was illegal?
A North Carolina lawyer named Staples Hughes wrestled with that question for 22 years, while a man he believes is innocent of a double murder continued to serve two life sentences in prison.
“I don’t know whether ethical behavior is always the same as being a moral hero,” Hughes said. “Maybe if I was some kind of moral hero, I would have told.”
What Hughes didn’t tell is that in the 1980’s, a client of his confided that he alone had committed a double murder for which that other man was serving the two life sentences. But Hughes could not reveal the confession because he was bound to secrecy by attorney-client privilege, a legal rule that prevents an attorney from disclosing any confidential information obtained from a client.
So for 22 years, Hughes kept the information to himself, while the man he believed to be innocent—Lee Wayne Hunt—remained in prison.
Then Hughes’ client died, and with him, Hughes reasoned, the confines of attorney-client privilege.
“It seemed to me at that point ethically permissible and morally imperative that I spill the beans,” Hughes explained.
Appearing before a judge, Hughes finally revealed his secret, explaining that his client was dead. “My disclosure can’t hurt him,” Hughes told the court, “And I have to weigh that disclosure against the continuing harm” to Lee Wayne Hunt.
Wrong, said the judge, who refused to consider Hughes’ new testimony and then reported him to the state bar for disciplinary action, saying he had violated attorney-client privilege, even though the client was dead.
Experts in legal ethics echoed the judge’s decision, saying that attorney-client privilege is so sacred it remains in effect even after a client’s death, and can only be broken to stop an execution—not to free an innocent man from life behind bars.
The North Carolina state bar recently dismissed the judge’s complaint against Hughes, but Lee Wayne Hunt remains in prison.
“I go home, have a glass of wine, work in the yard,” Hughes said. “And there’s a guy sitting in a prison camp two counties away, and my feeling is he’s going to be there for the rest of his life.”
Tell us what you think: Do you agree that a dead man’s confidence should outweigh a potentially innocent man’s chance for freedom? What would you do if the law said doing the right thing was actually the wrong thing?
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Comments
hard job
It’s hard to see the truth in people, some hide it well and man is not to judge . But I see inmates getting life a lot in Ks. i would not want that job. If he’s passed on. then tell the truth unless you have something to hide, let freedom ring
cheryl | 1 year ago
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Freeing a wrongfully convicted man
It is wrong to hold a innocent man in prison for something he didn’t do they got the real proof what more do these people need let him go the real person who did it is gone now so what harm can it do to do the right thing wake up people (judicial system) your wrong for that one set him free and other innocent people free as well. This judicial system is so sorry – I’ll pray for them.
rene browne | 1 year ago
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Wrong Doing
I think the judge and the attorney was wrong. The attorney knew a man was innocent and still kept it a secret. An innocent man spent a huge part of his life in jail for no reason. A person knew and he didn’t tell because he was keeping a ‘legal’ secret. There are secrets that should be broken and that is one secret that needed to be told.
Angel | 12 months ago
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spent 3 years in prision as a innocent man
Can anyone direct me to someone who can help me. my husband was convicted of a sex crime and spent 3 years in prison. the DNA they tested was said to be his however, he already had a DNA profile in the national data base, and the DNA that they took from the girl did not match the national data base info. he was convicted and we need help to overturn the conviction. he has to register as a sex offender, and check in with local law enforcement.This is effecting his daily life, and he is on the list along with his photo. please, if anyone can help get us in the right direction, please contact me.
Tracy | 11 months, 3 weeks ago
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Criminal injustice
Angie, I admire your tenacity. My husband was just sentenced to 33 years for borrowing money. He’s 53 years old and is serving his terms consecutively, which means that he has to do one and then the other. I am in process of initiating a federal investigation against the county. I also want to create a website in honor and in hopes that other people will read my story and help. Will you read it?
joni | 11 months, 1 week ago
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why?????
Can somebody please tell me WHY this man is still locked up? This is what we have come to that we knowing hold a innocent man in jail. Well I think that should be against the law. The judge should help free him or take his place for not doing so.
Shelly Holmes | 11 months ago
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Heartbroke
Has our country become so cold that we are bound by attorney-client privilege even when the client is dead. I would pray that we are not so inhumane to leave an innocent man in prison. How would this judge feel if this were his son, or brother or father, serving a prison sentence on a crime that he did not commit. Knowing that there was someone who had information to free this individual. I am appalled at the thought of living in a country that would allow this.
Holly Nadolsky | 10 months, 1 week ago
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minister
it’s a shame that all these years people have had to sit in jail and innocent. If the judge is aware of the possibility; he should be sent to jail, stripped of his title as well as the attorneys that conceal important information. It’s too bad all of these years and this is still happening. What about the people that have already been murdered for crimes they didn’t commit!
ida lee | 10 months ago
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Are we Really America? Where is the law? Justice?
I am so disappointed about our law systems these days! How do our Judges sleep at night? I don’t get why there isn’t a law to protect the innocent. The laws seem to only protect the guilty. I was rear ended and was found guilty. I know the police officer just clearly didn’t like me, and it was a small town. I believe the police officer knew the guy who ran me off the road and he chatted it up with the guy who hit me. All the evidence pointed the other guy was at fault, but I got a negligent driving ticket. The Judge threw it out of Court, but it was too late and the insurance company already settled as I was 30% at fault, what? I was rear ended. Anyway, I understand this whole injustice thing. This is so wrong. I believe the judge should reconsider. This man is not guilty, clearly. How would he like to be in this man’s shoes and have no one care about him as he sits awaiting justice to come and his only way out is through one man’s opinion. Sorry that is not ok. Why isn’t America fighting for what’s right anymore! Are we all just scared?
crysteen geaudreau | 10 months ago
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Unbelievable
I feel that the innocent man should have been released! I cannot believe that all these people know of this man’s innocence and still let him live in hell for a murder he never committed. I think the man who is dead that committed the murder should have been the one to die in prison. He confessed to a murder. Plain and simple, yet he went free. Morally, the judge should have let him out!
Jessica Kohagen | 10 months ago
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