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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Courts seek convictions, not justice!!!
This is totally wrong, he is innocent, the truth has surfaced and he should be set free. Courts, prosecutors, etc., cover up exculpatory evidence and break the law, continuously, merely to get a conviction, not to seek truth….where is justice in this? If anyone knows of any law firms that can help free an innocent man, who has been convicted of murder, without any proof, only circumstancial evidence, please contact us. May God bless all those who still believe in truth and justice.
Mrs. James Legate | 1 month, 1 week ago
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There is always a way!
It is sad to think that no one
Kevin J. Koelemij | 1 month ago
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wrongfully accused
if somone was seeing a person and that person gives them false information about there idenity and that person gets accussed of a crime that he/she didnt do and the fasly accused goes to athorities to report the situation that he/she is being accused of by that person because the other person lied and said he/she was of age! when he/she really wasnt what should he or she do
Antionio Rivera | 3 weeks, 3 days ago
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Justic is a Joke in Washington State
After doing two years in prison for a crime I did not due. I was released when all true facts were shown. After the loss of everything I had worked for was loss due to a false computer simulation used by the paid, States Expert witness. Never had done any wrong or had any kind of a police history, but after prison all was loss. My wife and job of 26 years, credit my home friends and on and on. When hired another attorney to take the State to court for all I had lost, and wrongful inprisenment, There judge ruled it was not allowed that the States witness fell under the States pertection. Even after I am able to prove all that was said and done in my case was made to show me guilty, by even the detective in my case!
Ask me if you want to know what life is like in prison, and life after being released NOT GULTY. The pain will never be gone because I never was allowed my day back in court. The record shows I was never in prison but my life died there.
MICHAEL SIPIN | 2 weeks, 5 days ago
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i was wrongfully convicted of a crime that i didnt
i was also wrongfuly convicted of a crime that i didnt do
jimmie m. hanson | 2 weeks ago
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Overhaul the Judicial System
The 4th branch of government needs to step in and do the right thing in behalf of all innocent people serving time behind bars. The legislative can’t do it. The Executive can’t do. and the Judicial system, the 3rd and final delegated branch of government won’t do it. It’s up to the people, the forth branch of government to take charge and demand that the other three branches do their duty and free all innocent individual they believe are serving time notwithstanding the evidence proves they shouldn’t be. Do unto others as you would have them do unto you. would you like to rot in jail for something you didn’t do?!!!! Be a friend of justice and free Lee Wayne Hunt NOW!!! It’s not to late to do the right thing! After you do that then limit the amount of time a Supreme Court Justice Serve to two terrm of 6 years. with competency examinations before each term. Restructure the Jury by recording the deliberations for review if it appears the decission was based on a constitutional question of unfairness.
Charles T. Le Blanc | 1 week, 3 days ago
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New career
To me it wouldn’t have been an issue. I do support the attorney client privilege up to a point, however in this case, I would have HAD to say to heck with my career. To work in a system that would support knowingly keeping an innocent man in prison would not be worth working in. I would have happily gone immediately to the authorities and if it meant I would be disbarred than so be it. There is a lot of talk about how messed up our insurance system is in this country, but to me a lot worse is our judicial system where it seems the goal is to protect the guilty over the rights of the innocent.
Karla | 3 days, 6 hours ago
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