File Under “If You’re Not a Criminal You Have Nothing to Fear”
"For two months, from mid-November 2004 to mid-January 2005, Odd languished in the Curran-Fromhold Correctional Facility, trying to figure out why he was there, and desperately trying to convince somebody - anybody - to set him free.
Odd, 42, was jailed at the request of a
assistant district attorney - not as punishment for a crime, but to ensure his testimony as a witness in a murder case. Philadelphia
Malone requested a special type of warrant, a "judge-only bench warrant," that only Neifield could lift.
"It was one of the most bizarre cases I ever had," said attorney Marc Neff, who represented Way. "The preliminary hearing went on for nine months."
When Malone finally presented the case - on
Dec. 7, 2004, nearly a year after the shooting - he didn't even call Odd to the stand. Neifield discharged the case due to lack of evidence."
Why isn’t the judge holding the lawyer Malone on a special warrant to ensure he’ll testify at the wrongful imprisonment trial? Perhaps he should and then schedule the prelim 60 days latter.