Tabitha Pollock wrongfully convicted based on what she should have known. Tabitha Pollock was sleeping when her live-in boyfriend, Scott English, killed her 3-year-old daughter, Jami Sue, in the early morning hours of October 10, 1995, at their home in Kewanee, Illinois.
Exonerated Tabitha Pollock was charged with first-degree murder because prosecutors believed she should have known of the danger, Pollock spent more than six years in prison before the Illinois Supreme Court threw out the conviction.
The state of Illinois and many other states accept the notion that parents may be held legally accountable for the deaths of their children when they have witnessed or otherwise know of grave threats to their safety. Ms. Pollock's case differed in that she was held responsible on what lawyers call a negligence theory — that Tabitha Pollock should have known of the potential danger, even if she did not.
A negligence standard is seldom used in the criminal law. "Should have known," the high court ruled, was not nearly enough to keep Pollock behind bars.
At her trial, the prosecution produced no witness who had suspected her boyfriend of prior abuse. "How could I have known he would murder my precious baby girl?" Ms. Pollock wrote. "I did not know, yet I received 36 years in prison for not being a mind reader."
With a felony record, she cannot become a teacher, as she wants. She cannot collect damages from the Illinois government.
In Illinois, to regain a certifiably clean record and collect compensation - a lump payment of $60,150 for five years or less in prison, or $120,300 for six to 14 years - an exonerated inmate must obtain a "pardon based on innocence" from the governor. A 15-member state review board interviews the petitioners and makes a recommendation, but the governor is not obligated to make a decision.
To fully clear her name, Pollock needs an official pardon,which only the governor can give. Please let's help Tabitha Pollock with her official pardon and email Gov. Rod Blagojevich, click on link
HERE.
She applied in 2002 but has received no word.
Please email Gov. Rod Blagojevich requesting an official pardon for Tabitha Pollock so she can become a teacher.
Gov. Rod Blagojevich has this on his website:
"The Governor certainly appreciates your issues and concerns. Please know that your matter will be promptly forwarded to his office for review."
http://www.illinois.gov/gov/contactthegovernor.cfm
A spokesman for Gov. Rod Blagojevich (D) said last month that the governor is flooded with petitions and has not had time to focus on Pollock's case.
More:
Tabitha Pollock was sleeping when her live-in boyfriend, Scott English, killed her 3-year-old daughter, Jami Sue, in the early morning hours of October 10, 1995, at their home in Kewanee, Illinois.
The following year, a Henry County jury convicted Pollock of first-degree murder and aggravated battery based on the prosecution's contention that she “should have known” English posed a danger to Jami Sue's life. The judge sentenced Pollock to 36 years in prison.
The Third District Illinois Appellate Court affirmed the conviction in 1999, even though the trial judge had observed during a post-trial proceeding that Pollock “did not commit the act of killing, nor did she intend to kill the child, nor was she present in the room when her boyfriend killed the child.” Click
here to Read Appellate Court Opinion.
You can read more about the case on University School of Law Bluhm Legal Clinic Website.From my blog Barbara's Journey Toward Justice http://barbarasblogspot.blogspot.com