Pennsylvania Man Freed From Death Row

Dennis Counterman was freed from a Pennsylvania courtroom on October 18, 2006 after serving many years on the state's death row. Counterman had been convicted and sentenced to death in 1990 for allegedly setting a fire in his own house that resulted in the death of his three children. That conviction was overturned in 2001 because prosecutors had withheld evidence from the defense indicating that the oldest child had a history of fire-setting.

At Counterman's orignial trial, the prosecution witnesses said that a burn pattern was discovered that indicated an accelerant was used, even though no accelerant was found. At later hearings, however, an expert hired by the prosecution said that the prosecution's theory of how the fire started "is not properly supported by today's standards."

Rather than face the uncertainty of another trial, Counterman agreed to enter an Alford plea, that is one in which the defendant does not admit guilt but agrees that the prosecution might have been able to convince a jury of his guilt. The plea was to a charge of third-degree murder and carried a maximum term of 18 years in prison. Since Counterman had already served the maximum time, he was released immediately by Lehigh County Judge Lawrence Brenner. After his release, Counterman said, "I am more frustrated than angry. I spent all this time for something I didn't even do." (The Morning Call (PA), Oct. 19, 2006).

posted by Sachin @ 6:51 PM