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Dave Early shared this post via CopBlock.org’s submit page in response to ‘Cop Caught Testalying By Supreme Court.’
Considering Cop Block represents itself as a fair and honest site, I am submitting my rebuttal regarding an article about my actions as a police officer. Needless to say, the libelous statements made by the poster and some others are quite upsetting. They are almost totally incorrect and without any facts to support them.
The Williams case was an extremely complicated case. As in most homicide cases, which result in a conviction, an appeal was filed by the defense. The conviction was upheld throughout the Michigan State court system. Eventually the case was appealed to the Federal District court which did overturn the conviction.
Here is where it became complicated. The State of Michigan, not Williams, appealed the case to the U.S. Supreme Court arguing the Federal System at that point did not have the right to overturn the Michigan Appeals Court ruling. This is clarified in a link provided in a post by “Common Sense.” The appeal process and contradictions between State of Michigan and Federal laws was the issue. Not the case itself.
“In appealing this decision to the Supreme Court, the state is asking the Court to rule that if a state inmate has had a “full and fair opportunity” to raise a Miranda question in state court, the question is barred from further review in Federal court.”
At no time during the court hearings, the appeals court reviews, or subsequent study was I, or any other police officer, accused of lying or falsifying information. All interviews with Williams were tape recorded or videotaped and made available to the defense and the courts. In contention were the legal issues of arrest and Miranda requirements, not police misconduct.
Police officers must make decisions based on the immediate situation and facts they have at hand at the time. We do not have the benefit of days, weeks, or years of hindsight to consider before making a decision. I was a police officer in the State of Michigan. The fact that this conviction was upheld in lower courts and the Michigan State Appeals process shows that we did indeed act in good faith, within the laws of the State of Michigan.
In my 23 year career as a police officer I learned, and taught others, to not take legal matters and decisions as a personal affront. I cannot even offer an estimate of how many cases I handled through the years to the best of my ability. Most were successful prosecutions, some not. That is how our legal system works and I respect that.
Williams was arrested in 1985. My partner and I were both issued commendations. The appeals rulings were handed down in 1992-1993. As for the affect this case had on my career; it didn’t.
During the period between 1985 and 2002, I received numerous promotions and commendations. I was selected to command our Special Investigations Bureau, and later the entire Investigative Bureau. Due to budgetary cutbacks by our city government in 2002, early retirement was offered to, and accepted by, 14 police command officers; myself included. During my 23 years as an officer I was NEVER accused of dishonesty of any type in the performance of my duties.
As for the personal, libelous, unfounded attack by the poster, I can only say that I am quite sure of whom it is and I will only comment further to confirm that, Yes, I do now live in Thailand. I believe this person never knew me when I was in the states or
when serving as a law enforcement professional.
I appreciate most of the posters discussions that were based on the limited information presented. As I said, it was complicated. As for some of the unsubstantiated remarks, I can only respond with the facts.
Thanks for reading this.
Dave Early
Response to Article: Dirty Cop Dave Early Outed By US Supreme Court – Caught Testalying Under Oath is a post from Cop Block – Badges Don't Grant Extra Rights