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Kezer: Struggles persist for exonerated inmates in Mo.

Thursday, February 4, 2010
(Photo)
In this photo taken on Jan. 28, 2010, Josh Kezer spoke to a group of kids, in Columbia, Mo. Kezer was released from prison last year after a Cole County judge ruled that prosecutors improperly withheld key evidence from his defense attorneys. He was accused in the 1992 death of a Southeast Missouri nursing student.
(AP photo/L.G. Patterson)
[Click to enlarge]
COLUMBIA, Mo. (AP) -- A Missouri man who spent nearly 15 years in prison before he was cleared of murder said he and others wrongfully accused often struggle with an unshakable stigma and little help from the states that stole years from their lives.

Josh Kezer joined Darryl Burton, also cleared in a Missouri slaying, and Dennis Fritz, exonerated by DNA evidence in Oklahoma, to speak about their combined 50 years in prison and draw attention to wrongful convictions -- and to what happens when the public spotlight dims.

A different reality often sets in when case publicity fades: depression, unresolved anger, societal shunning and continued struggles to return to polite society, they agreed. Many states don't provide financial compensation or social service assistance.

"Nobody around me can really relate to me. Nobody," Kezer, who was released last February, said ahead of a Midwest Innocence Project fundraiser Wednesday at the University of Missouri. "Some people see 'prison,' that's all they see. They don't see, 'should have never been there.' They don't see that this guy just had his life brutalized."

People also don't realize that inmates are "subjected to violence and rape and molestation and lies and treachery," he said.

Nearly 400 prison inmates nationwide have been exonerated through DNA testing or death row appeals, said Sean O'Brien, a University of Missouri-Kansas City law professor and Midwest Innocence Project board member.

A December 2009 report by the national Innocence Project showed that 40 percent of the more than 230 people cleared by DNA testing received no financial compensation or assistance with social services.

No compensation is provided in 23 states to those exonerated by DNA, and only 10 states provide services such as counseling or job training along with money, according to the study. And for those who did receive payment for time served, the average wait was three years.

Missouri provides $50 per day to former inmates exonerated by DNA evidence, but neither Burton nor Kezer could collect because they weren't cleared by DNA. Kezer noted that people on parole are eligible for benefits that he can't receive, such as job training.

"They have more benefits set up for guys who get out of prison who are guilty than who are innocent," Kezer said.

Surrounded by college professors and defense attorneys inside a campus pub, the three former inmates spoke of their imprisonment and the struggles they faced when they returned to society.

"When I came out, it was like being frozen and unthawed," said Fritz, a father and former teacher whose case became the subject of best-selling author John Grisham's first nonfiction book, "The Innocent Man."

Fritz, 60, was convicted of killing a 21-year-old woman in Oklahoma before DNA evidence proved his innocence. He spent 12 years in prison, which he described as a "runaway roller coaster ride through hell and back." He won a lawsuit against the state of Oklahoma but said he couldn't disclose the amount.

Kezer, 34, was convicted in the 1992 death of a southeast Missouri nursing student, but a Cole County judge later ruled that prosecutors withheld key evidence and cleared him of the crime.

Burton, 48, spent 24 years in prison in a fatal St. Louis gas station shooting but was released in 2008, after a judge ruled his trial was constitutionally flawed. Over Christmas, he reconnected with a 26-year-old daughter he had not seen since she was a toddler.

Fritz, a former junior high school science teacher and track coach, left behind a 12-year-old daughter who had already seen her mother murdered when "I was snatched out of her life," Fritz told the audience Wednesday night.

Now entering his 10th year of freedom, he has spent half that time aligning his expectations with his new reality. A Lee's Summit native, he moved to Kansas City after his release.

"I didn't know anything," Burton, who also moved to Kansas City, said about his experience readjusting. "I didn't know how to turn on a television. I was afraid to go anywhere by myself. I didn't have a clue."

Missouri journalism professor Steve Weinberg said the three speakers were exceptions in terms of how well they've adjusted.

"It's a really difficult transition for most people, partly because of what happens to them inside prison," he said. "A lot of them were not particularly well equipped to deal with life before they went in."

He later added: "Most of the exonerees I know come out broken people."

"States have a responsibility to restore innocent people's lives to the best of their abilities," said Stephen Saloom, Innocence Project policy director. "When people are exonerated, they should find a safety net, not another long legal battle."

Kezer, like his fellow two panelists, said he found strength through his faith. He works as a contract painter in Columbia, but considers sharing his story his true calling.

"I had one of two options," he said recently. "To become like the place I was sent, to become prison personified, to become the monster they labeled me as. Or to carve out my own path."

___

On the Net:

Midwest Innocence Project: http://www.innocenceprojectmidwest.org/


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Grace and peace.

My prayer is that your readers hear the message behind this article and begin to see us exonerated men as opportunities to rise up and be compassionate. I'm a man that has learned the hard way that compassion is thin and that it's each person's responsibility to give it.

We need the public to fight for us. We need the public to fight for those who will, by God's grace, follow us. We need the public to fight for law makers to change laws...for our government officials to see the deliberate indifference and negligence the present policies impose upon men and women in our position. We need your prayers and your love.

Despite what happened to me, I choose to love, I choose to be productive, I choose to reach out and embrace other unfortunate people. Jesus Christ has empowered me to choose the right path and I follow willingly, despite our governments unwillingness to follow with me.

I ask of you. Choose to follow with me, to follow Him...to follow love and to be compassionate.

____________________________________________

If you would at all be willing to hear me out, have me speak to your group or church or business about these issues or the subject of overcoming impossible odds, you can contact me at joshkezer@gmail.com and I'll work something out with you to make that happen.

-- Posted by Josh Kezer on Thu, Feb 4, 2010, at 10:49 AM

I am honestly surprised that there is no legal recourse for individuals in your situation. It would seem the same standards should apply in cases such as yours as they do in DNA cases.

Have you filed any lawsuits or is this a possibility?

-- Posted by Red_Rhino on Thu, Feb 4, 2010, at 4:06 PM

I continue to be awed and amazed at the grace with which Mr. Kezer has consistently shown when he speaks of his situation. While many would be bitter, he has continued to use his circumstances to try to improve the world, and to spread the message of Jesus Christ. There is really no other explanation for his ability to carry on. By most people's standards, he should be full of rage and hate. Instead he has taken what was bad and used it for good, not only to try to change a system, but to spread the Truth of what lies behind his strength. Once again, I am reminded of Joseph in the Bible. "You meant it for evil, but God used it for good."

May God continue to bless you, Mr. Kezer. You are truly a remarkable man. I am sorry that your youth was taken from you. I am thankful that you use your experience to do such positive things for the Lord. Your testimony is immeasurably more meaningful for what you have endured.

-- Posted by chocolatte on Thu, Feb 4, 2010, at 4:26 PM

Josh you are a very noble man.

-- Posted by coolcat on Thu, Feb 4, 2010, at 4:49 PM

Thank you for saying the things you have "chocolatte" and "coolcat". "Red_Rhino", I'm doing what I can.:) Thanks for supporting me.

-- Posted by Josh Kezer on Thu, Feb 4, 2010, at 8:03 PM

Josh Kezer you are an inspiration for anyone who has been unjustly convicted and for those who were un-justly accused. I have followed your case in the news here in Texas from day one and never believed way back then that you were guilty.

As you well know, Texas leads the nation in executions and exonerations due to DNA. and you also know the case of Timothy Cole, a young Texas Tech student who was exonerated by DNA testing all right, but not until after he had already died in prison. His was the first posthumous exoneration. http://www.cnn.com/2009/CRIME/02/06/texa...

Cole, like you Mr. Kezer would not bow down to the demonic and evil prosecutorial state machine and plead guilty to a lesser charge. He rightfully maintained his innocence until his death. Because of cases like yours, Timothy Cole, and too many others, the death penalty should be forever abolished.

Corrupt prosecutors with visions of higher office like your prosecutor and Coles' should have to pay you out of their own pockets along with the people of the state whenever a prosecutorial crime is committed against a citizen. Then maybe they would be a bit more careful about putting another notch/conviction on their belts.

God bless you my man. Your suffering just might not be all in vain and in fact get some changes made to the broken criminal "justice" system. http://ipoftexas.org/texas-cases/texas-e...

-- Posted by InfoWarrior on Thu, Feb 4, 2010, at 8:56 PM

@ InfoWarrior,

If you would have me speak to a Texas group, church or business about these issues or the subject of overcoming impossible odds, you can contact me at joshkezer@gmail.com and I'll work something out with you to make that happen.

I grieve Cole's loss. I would like to help any responsible group willing to fight to insure what happened to myself or Cole doesn't happen again.

-- Posted by Josh Kezer on Thu, Feb 4, 2010, at 9:16 PM

Mr. Kezer I am so very sorry of the injustice of your conviction & prison time you served. I read this story and have been crying & thinking of you ever since. I knew your mother & saw first hand the devastation this caused her also, so many lives suffered needlessly at the hands of a dishonest prosecutor. I agree with infowarrior, the prosecutor should be made to pay restitution to you out of HIS pocket!! I am ashamed to admit that I have been so blindly in agreement with the "great justice system" of the U.S. I have believed in the death penalty, believing all convicted should "get theirs." The story of you & Mr. Cole in Texas makes me hurt, and feel so desperately guilty for feeling the way I have about the U.S. justice system. I am sorry, Mr. Kezer, so very sorry, and I think you're truly an inspiration. I know this does not even come close to erasing the injustice suffered by you & Mr. Cole, but I am willing to do anything I can to remedy and fight so that no innocent man or woman will suffer the same injustice that you & Mr. Cole & others have had to endure due to over zealous & dishonest prosecutors and others. God Bless, Mr. Kezer, and keep fighting the good fight!!

-- Posted by littlebear on Fri, Feb 5, 2010, at 6:30 PM

The Interfaith South East Moratorium on Executions will be showing a documentary entitled "At the Death House Door" on Tuesday, February 9 at 6 p.m. at the Cape Girardeau Public Library. Please join us!

-- Posted by MoratoriumOnExecutions on Sat, Feb 6, 2010, at 10:36 AM


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