Article an example of the type of people Josh has to deal with

[Bryan]

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http://www.wdrb.com/story/18620865/man-exonerated-from-prison-continues-to-pay-the-price

Featured in the "wrongful convictions" blog, this man featured is still unemployed. Like Pennsylvania, the man is going to have to sue the living daylight out of the state to get compensation for his fourteen years in the slammer for a crime he did not commit. In fact, the state only last year realized they had the wrong person in this case from 1996, the year Josh Young was born.

I just hope we do not have to wait that long for any of our feature cases.

[Marie]

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I feel everyone wrongfully imprisoned for a crime they did not commit, should always receive compensation.  Where is the accountability? Every state should be accountable and under no circumstances should an individual that gave up so many years of their life, have to struggle to such a degree.  If that  means putting a limit on that sum or compensating up a to a "certain" amount per year, should be in place, I am not certain. But how do you set a limit when an innocent person spent years incarcerated for a crime they did not commit because the state "indicted" and then "convicted" a person wrongfully?  I do not believe this is possible.  If that state used people that lied, or any questionable method was used to get the conviction, each case should be re-evaluated for the errors and these disproved "facts" should be weighed into the compensation, but to receive "no" compensation at all, is absurd and sounds like a civil violation. A person has a right to be free when they are innocent. If the state convicts a person wrongfully, they should now be explaining how the wrongful conviction came to be so that others do not make the same errors.

  I also feel that when people are found innocent after incarcerating them for years and ruining a huge part of their lives, as well as scaring them for life, a strike on the D.A. and prosecutor should go on their record.  After so many, they should be suspended for a period of time.  I think the wrongful convictions should be noteworthy, costly, to ensure the state does not forget what real justice is all about.

[Bryan]

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Well all the prosecutors and cops would say that innocents locked up is going down due to modern technology. However in this case, plain common sense and more good old-fashioned police work would have fried, boiled and friccaceed Mr. Josh Gouker before he had any oppurtunity to lie to the cops. If the the feds and the state boys in both Tennessee and Kentucky had charged Gouker with violating parole when he kidnapped his son agianst the strictures of his parole officer, Josh Young would be a barbarque instead of a juvenile jail cell on false charges for a crime his daddy committed.

Now Gouker violated parole for leaving the state.

TRUE!

The parole officer automatically voids Gouker's parole.

TRUE! TRUE!

So by default the custody of his son is instantly transferred back to the state.

TRUE! TRUE!

So Gouker kidnapped his son. That is a state crime first and foremost. Then he crossed state lines (actually more than one). That is a federal offense on two counts, kidnapping and fleeing to avoid confinement. The Feds should have overrode any deal by the state concerning anything Gouker said about Trey Zwicker from the get go. They, by jurisdiction, had first dibs at Gouker on kidnapping and fleeing to avoid confinement.

Now this delay avoids any arrest warrant being drawn up by the LPD while the US Attorney in Louisville reviews the kidnapping case, since it orginated there. This delay would have taken many months with Gouker eventually tranferred to federal custody while it is going on. Meanwhile, one or more of Trey's and Gouker's relations find it safe come forward with new informaton that is very damaging to Gouker on the murder. Forensics and reconstruction would further place Gouker and Trey's mom (maybe) in that parking lot outside that alternative high school. It would point right back at our convicted felon. It would show that now he graduated to murder one.

Even if Gouker beat the feds, he would have Kentucky and other states lined up to take a shot at his past deeds. There would be no explaining away anything. Gouker might as well write his last will and testiment. If these prosecutors has it, they would give him life in a jail cell until he comes out of those prison walls in a casket.

The problem is, the LPD detective could not wait. I blame on on youth or crass rush to judgement. But the guy obviously allowed Gouker to lie to him so good, poor Josh Young could not get him to believe he was at home asleep, not running around covering up a murder. He could not understand that the only people who were running around covering for a murder were all over eighteen and with a fistful of criminal writs against their persons. (Though Amanda could be an exception...) the others Gouker, Cassie and John, maybe others obviously have some prior contact with the system that justified them covering up the exact murder and for them to falsely accuse Josh Young. The jailhouse call proves a crack of proof to free Josh Young with just one phone call. Now only if the courts and the cops and the lawyer get their heads on swift. Josh Young need not languish in prison until after a full-blown trial. It can happen before this fall. Believe the defense. Diss the prosecution; they have no idea just who is doing the witnessing. Gouker is LWOP-Ready, not his own son!