“murder,” and ordered 1857. The territorial Supreme Court af- Chief Leschi Exonerated his arrest. More than a firmed his conviction after refusing to con- of Murder — 146 Years year later, Leschi sur- sider new evidence: an Army map indicated rendered after being Leschi was miles away from the scene of After His Execution assured by the Army Moses’ death. In its decision, the Court that he wouldn’t be wrote that Leschi was the “leader of the by Hans Sherrer prosecuted for acts Indian forces that “cruelly waged” war on committed by the settlers, “sacrificing citizens” in the Puget hirty-four years Nisqually during the war. However Gov. Sound region.” 2 The Court’s decision ex- Tbefore the Stevens didn’t think the territorial govern- hibited passion and prejudice against Le- Washington Territo- ment was bound by the Army’s agreement. schi, who was the chief of the Nisqually ry became the State On November 16, 1856, three days after his Tribe that reacted hostilely to being dis- of Washington, the arrest, Leschi was put on trial for Moses’ placed from their lands by white settlers. Chief Leschi (Washington Historical Society) Nisqually Indian “murder” in the federal territorial court. Nation and white Leschi was hanged on February 19, 1858, settlers in the Puget Sound area were engaged The prosecution’s case rested on one eyewit- outside of Fort Steilacoom, south of present in what became known as the Indian War of ness — Antonio Rabbeson — who claimed day Tacoma. The Army refused to partici- 1855-56. The territorial government precipitat- Leschi was present when Moses was shot. pate on the grounds that Moses was a casu- ed the war after members of the Nisqually However Leschi claimed he wasn’t involved alty of war, and had not been murdered. At Tribe refused to agree to a land cession treaty in the skirmish during which Moses was the time many people, including his execu- that would have created a 900 acre reservation killed, and his counsel vigorously attacked tioner, believed Leschi was innocent. in western Washington for the tribe. Rabbeson’s credibility. One distinct irregu- Charles Grainger, his hangman later said, “I larity was Rabbeson chaired the grand jury felt then I was hanging an innocent man, On October 31, 1855 a firefight occurred east that indicted Leschi for capital murder. The and I believe it yet.” 3 of present day Tacoma between the territorial trial ended in a hung jury because two jurors militia and members of the Nisqually Tribe. held out for Leschi’s acquittal. One of those Since the time of his conviction and execu- During that skirmish, volunteer militiaman jurors, Ezra Meeker, stated that Rabbeson tion, the Nisqually have considered that Colonel Abrams Moses was shot and killed. was “obviously lying.” 1 Chief Leschi was unfairly prosecuted for Moses’ death. Beginning in 2002, members Territorial Governor Isaac Stevens blamed Leschi was convicted of murder and sen- Nisqually Chief Leschi for Moses’ tenced to death after a retrial in March Chief Leschi cont. from p. 32

Hangman cont. from page 30 Condren’s release from prison. Condren spite of all that has been done since, was set free in 1990. that a mistake was possible and in the NSW, 1980. Douglas Harry Rendall was NSW, 1990. Roger Graham Bawden, sur- form of which a verdict was given in a convicted of murder. Rendall served nine rendered himself to Queanbeyan police particular case, a mistake was made. years before a judicial inquiry into his and confessed to a murder he committed conviction concluded he was innocent. in 1973. Another man, Johann Ernst Sieg- I hope no future Home Secretary, in Rendall was released from prison and fried (Ziggy) Pohl, had been convicted of office or after he has left office, will ever granted an unconditional pardon. the murder and had already served over have to feel that - although he did his Northern Territory, 1982. Lindy Cham- ten years in prison. The murder of Kum best, although none would wish to ac- berlain was convicted of murder. Served Yee “Joyce” Pohl at Queanbeyan became cuse him of being either careless or inef- four years before a Royal Commission of the subject of a special judicial inquiry ficient — in fact he sent a man who was Inquiry headed by Mr Justice Trevor Mor- which cleared Ziggy Pohl of the murder. not guilty, as charged, to the gallows. ling concluded she was innocent. Lindy Pohl was freed from prison and granted Chamberlain was released from prison, an unconditional pardon. Reprinted and edited with permission of the compensated for wrongful imprisonment author. Bernie Matthews is a convicted bank and granted an unconditional pardon. The wrongful imprisonment of an innocent robber and prison escapee who has served Queensland, 1983. Barry Mannix was person is a grave miscarriage of justice. But time for armed robbery and prison escapes accused of murdering his father at Surfers the execution of an innocent person is an in Australia — New South Wales (1969- Paradise. After allegations Queensland irrevocable miscarriage of justice. There is 1980) and Queensland (1996-2000). During police fabricated Mannix’s confession to no reprieve from the grave. his periods of incarceration he studied jour- the murder, three other men were arrested nalism and received scholarships to study as and confessed to the crime. Barry Mannix In February 1955, British Home Secretary an external student at the University of was immediately released from prison. Chuter Ede revealed the weight of that re- Southern Queensland. Queensland, 1984. Kelvin Condren was sponsibility when he addressed the House He is now a journalist. convicted of murder. He served six years of Commons on the death penalty in the before the High Court of Australia and Timothy Evans case: The unedited version of the Queensland Court of Criminal Ap- The Hangman And The peal cast serious doubts on the conviction I was the Home Secretary who wrote Electric Chair - Part I and his alleged confession. After exam- on Evans’ papers “the law must take (July 28, 2005), and ining the evidence, Queensland Attor- its course.” Part II (July 29, 2005) ney-General Deane Wells recommended is available at, I think that the Evans case shows, in http://www.onlineopinion.com.au

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 31 ISSUE 33 - SUMMER 2006 Leschi continued from page 31 the “law of war” Moses’ death was not a sion had historical significance; and, a state murder by whoever killed him, but an un- of war existed between the Washington of the Nisqually Tribe, including some of fortunate consequence of the conflict. Territorial government and the sovereign Leschi’s descendants, began a concerted Nisqually Nation at the time of Moses’ campaign to clear his name. The effort paid After more than three hours of testimony and death on October 31, 1855. off in 2004 when both the Washington State presentation of evidence, the prosecution House and Senate passed resolutions recom- and defense made their closing arguments. Justice Alexander then announced the mending that the State Supreme Court con- Court’s decision that was based on all evi- duct an extraordinary review of Leschi’s Prosecutor Hultman passionately and me- dence relevant to determining Leschi’s guilt conviction. Although Chief Justice Gerry thodically argued the State’s position that or innocence — irrespective of whether it Alexander declined to have the Supreme the Court should be bound by the regular was within or beyond the bounds of the trial Court review the conviction, he was instru- rules of appellate procedure, and not con- record. The judges unanimously decided mental in organizing a Historical Court of sider any evidence that wasn’t in the trial that regardless of who shot Moses, “The Inquiry and Justice to retry Leschi in absentia. record. He asserted that under the appellate killing was a legitimate act of war, immune standard of viewing the evidence in the from prosecution.” 6 Consequently, Leschi Chief Leschi’s Retrial light most favorable to the prosecution, the was declared “exonerated” of Abrams Mo- Court should defer to the jury’s guilty ver- ses’ death. The trial was arranged to be held on Decem- dict in 1857 that was affirmed by the Terri- ber 10, 2004, in a make-shift courtroom torial Supreme Court. Thus, even though there was significant and seating about 200 people in the basement of compelling evidence that Leschi was not the Washington State Historical Society in Defense counsel Ladenburg countered that present at the scene of Moses’ death, as judg- Tacoma. Seven judges were selected to sit the verdict was fatally flawed in light of the es are apt to do, the seven member court took in judgment of the case — six state judges evidence of Leschi’s innocence that wasn’t the shortest route to reaching its decision by that included Chief Justice Alexander, and a considered by the jury, and the failure of deciding that irrespective of his whereabouts, judge representing the Nisqually Tribe. Al- the jurors or the Supreme Court to consider he had been charged, prosecuted, convicted exander said before the trial, “This really is that Moses’ death could not be considered and executed for a non-existent crime. uncharted territory. It’s got real challenges a murder under the state of war that existed and greater difficulty.” 4 Indicative of the between the Nisqually and the territorial One of the judges that exonerated Chief trial’s uncharted territory, is it was a hybrid government. Ladenburg argued that irre- Leschi, Thurston County Superior Court adversarial proceeding, combining elements spective of the compelling evidence of his Judge Daniel Berschauer, observed, “Even of both a trial and an appellate review. innocence, it is reasonably probable that though this decision has no legal conse- the failure of Leschi’s lawyer to request an quence, it clearly has a historical conse- Chief Leschi’s retrial attracted national at- “enemy combatant” instruction affected the quence.” One of those consequences is that tention. The New York Times was among outcome, and thus constituted reversible as many as 500 Washington State history the newspapers that published a story about error. Ladenburg contended that since Le- books may be amended by various means the controversy surrounding Leschi’s con- schi was deprived of due process by inef- to reflect the Court’s decision. viction and execution. fective assistance of counsel, his trial was constitutionally defective. It was also noted Cynthia Iyall, a descendant of Chief Several current prosecutors, led by Carl by Ladenburg during his closing argument Leschi’s sister and chairwoman of the Hultman, represented the territorial govern- that another Nisqually prosecuted and con- Committee to Exonerate Chief Leschi said ment. A team of lawyers, led by John Lad- victed of murdering a combatant during the after the verdict, “I’m just happy; this is enburg, represented Leschi in absentia. war was pardoned prior to his scheduled really about the future. This is for all the execution. Ladenburg closed by telling the kids: they need to know who that man was The prosecution did not present any wit- judges, “We cannot bring Leschi back to and what truthfully happened to him.” nesses. Their case was based on the legal life, and we cannot restore Leschi to his record, and that “the territorial justice sys- land. We can, we must, restore his good Although Chief Leschi is currently remem- tem was thorough and professional, strictly name.” He continued, “The only fair and bered in the Puget Sound region, with a adhering to the rules of law.” Consequently just result for a historical court is to correct school, a park and a Seattle neighborhood it was argued Leschi’s conviction was the historical record of our state and declare named after him, Dorian Sanchez, chairper- soundly based on what the trial court and Leschi exonerated.” 5 son of the Nisqually Tribe, noted, “Now the the Territorial Supreme world can know him as we know him, Court agreed was relevant Court’s Verdict “warrior, leader, hero and innocent.”” 7 and incriminating evidence. After the closing arguments Another historical aspect of Chief Leschi’s The defense countered with the Court recessed to con- case is that he was the first person sentenced 11 witnesses who focused sider its verdict. When the to capital punishment and executed in the on establishing three points: Court reconvened, Chief Washington Territory that became the State That Leschi wasn’t at the Justice Alexander first an- of Washington — and he is now exonerated. scene of Moses’ death; that nounced that the seven Rabbeson’s testimony was judge panel unanimously Since the precedent of a Historical Court of unreliable; and that the agreed to the answers to Inquiry and Justice has been established, it Nisqually and the Washing- Cynthia Iyall, a descendant of Chief two interlocutory questions may now be possible that other miscarriag- Leschi, who helped lead a two-year ton Territorial government effort to reopen his murder case, at his posed by the prosecution or es of justice in Washington state may be were at war, and thus under grave in Tacoma, Washington. defense: The Court’s deci- (Annie Marie Musselman/The New York Times) Leschi continued on page 33

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 32 ISSUE 33 - SUMMER 2006 petitions, and e-publishing this, ‘free me’ that. Me, me, me, me, me.” Wrongly Imprisoned Man a 400,000-word autobiog- Won’t Shut Up About It raphy titled Won’t Some- Buell’s brother Darron, who visited the pris- one Please Hear My oner last Friday, reported afterward that Buell Anguished Plea? “did most of the talking. No prizes guessing JOLIET, IL—George Howard Buell, an what he was talking about,” Darron added. inmate wrongfully imprisoned at Stateville “Okay, I get it—he’s in- Correctional Center for third-degree sexual nocent already,” said Eric Buell’s sob story will be heard by the Illinois assault and aggravated battery, won’t shut Holsapple, Buell’s court- State Supreme Court during its next term. the hell up about being innocent. appointed attorney. “Like I don’t know that. I only toiled for, like, “I can’t wait. Since being incarcerated, my Buell, 46, an Elmhurst, IL electrician, was forever years making a case out of it. Every innocence is all I have to cling to in this convicted of raping and burglarizing his el- time I talk to him, I have to brace myself— horrible, horrible place,” said Buell, echoing derly neighbor in 1994, despite the fact that okay, here comes the sob story, again.” comments that he has made to anyone who’s he was at work when the crime occurred. He had the misfortune of being in contact with was mistakenly sentenced to a prison term of After spending four years trying to capture the him at any time during the past decade. 20 years to life. Since then, his imprisonment media’s attention with the story of his inno- “This goes beyond my worst nightmares of has been a source of nonstop bellyaching. cence, the wrongfully imprisoned inmate be- anything I could imagine ever happening to gan pestering the courts in 2001 for additional me, and I hope the justice system finally “I’m completely innocent of the charges DNA testing or a declaration of a mistrial. does something—anything—to free me brought against me,” Buell said in yet an- from this living nightmare.” other long-winded jailhouse statement last “I will take a lie-detector test. I will do week. “I am a victim of inept police work, anything. I don’t belong in prison,” the “I just wish he’d shut his trap about it,” attor- conflict-of-interest issues among the prose- incessant motormouth said. “The security ney Holsapple said. “I’m working on his ap- cution, and a lackadaisical defense. Anyone tape in the garage where I work shows me peal. That’s more than most prisoners get. But with even a peripheral familiarity with my pulling into the lot at the time the crime took is he satisfied? No. All he cares about is get- case could see the inconsistencies. It’s a place. It wasn’t admitted as evidence. That ting out of jail. I’m like, ‘George, get a life.’” complete miscarriage of justice.” fact alone should be grounds for a mistrial.” Reprinted with permission. Published in Buell’s insufferable tirades have taken the Buell’s cellmate, Bob Hannan, has heard the The Onion, August 31, 2005, Issue 41•35. form of numerous appeals to state and federal “in jail for a crime I didn’t commit” song and 52 weekly issues of The Onion are $39.95. courts, unsuccessful attempts to launch public dance “about a million times.” Said Hannan: The Onion “The parking lot surveillance videotape, the 1360 Regent St. #173 Leschi continued from page 32 horrible injustice. I’ve heard it all. A lot. I Madison, WI 53715 reopened for review. The same procedure didn’t like the way they handled my case could be instituted in other states to rectify either. But you don’t hear me yammering SSRI antidepressants cause suicidal and vi- injustices that are outside the bounds of the about it all the time. It’s called moving on.” olent behavior in otherwise peaceful people. regular legal system. “Stop Antidepressant Violence from Esca- The consortium of attorneys and social-jus- lating” (S.A.V.E.) is offering an SSRI Info Prime cases for such review are the second- tice activists who were unlucky enough to Packet to any prisoner who believes their degree murder convictions of seven men un- have been assigned the task of getting Buell conviction resulted from SSRI intoxication. der very dubious circumstances related to an and his big, wrongfully imprisoned mouth Request the “SSRI Info Pack” by writing: Armistice Day fracas between pro-union and out of jail have gotten perhaps the biggest SAVE c/o J. Milea anti-union people in Centralia, Washington earful of his whining. 111 Fox Run Road on November 11, 1919, that resulted in the Stewartzville, NJ 08886 deaths of four men, and the lynching of one Darron and Eugene Buell speak to reporters man kidnapped from the county jail. 8 after dragging themselves to yet another prison visit to hear their brother go on and Freeing The Innocent End notes: on about his innocence. 1 Historical Court Clears Chief Leschi’s Name, Greg- A Handbook for the ory Roberts, Seattle Post-Intelligencer, p. B1,B4, De- Wrongfully Convicted cember 11, 2004. Tania Schultz, a senior staff attorney at 2 Historical Court Clears Chief Leschi’s Name, Greg- Northwestern University’s Center On By Michael and Becky Pardue ory Roberts, Seattle Post-Intelligencer, p. B1,B4, De- Wrongful Convictions, has worked on Self-help manual jam packed with hands- cember 11, 2004. Buell’s case for over two years. Although 3 Indian Chief Hanged in 1858 is Cleared, AP, The on - ‘You Too Can Do It’ - advice explain- New York Times, December 12, 2004. she is convinced that Buell is innocent, she ing how Michael Pardue was freed in 2001 4 Chief’s Retrial, 146 Years in the Making, Sarah is “fed up” with the subject. after 28 years of wrongful imprisonment. Kershaw, The New York Times, December 5, 2004. Soft-cover. Send $15 (check, m/o or 5 Historical court clears Chief Leschi's name, By Gregory “Even the unjustly incarcerated should do Roberts, Seattle Post-Intelligencer, December 11, 2004. stamps) to: Justice Denied; PO Box 68911; 6 Historical Court Clears Chief Leschi’s Name, Greg- other things in prison, like lift weights, or Seattle, WA 98168. (See Order Form on ory Roberts, Seattle Post-Intelligencer, p. B1,B4, De- knit,” Schultz said. “Sadly, securing his free- p. 39). Or order with a credit card from cember 11, 2004. dom seems to be George’s sole interest in JD’s website, http://justicedenied.org. 7 Justice, 146 years later, By Rob Carson, The News life. He’s obsessed with getting his life back.” Tribune (Tacoma, WA), December 11th, 2004. “I congratulate you on your marvel- 8 One of the most complete accounts of this case is, lous book Freeing the Innocent.” The Centralia Conspiracy by Ralph Chaplan Added Schultz: “All the time, it’s ‘free me’ P. Wilson, Professor of Criminology, Bond University (1920).

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