What the Judge Really Said At Carter's Release

"Ladies and gentlemen, I am about to render my opinion in this matter, and I would very much appreciate it if everybody would refrain silent until I conclude it. It is very brief.

I have reviewed the materials submitted by the state, and nothing in the proffer submitted by the state relates to any current evidence that Mr. Carter poses a risk to society. I am reluctant to deny the state a full opportunity to be heard, and that hearing can take place in the future if the state persists in its request for continued incarceration.

In the interim, I cannot, in the face of conclusions reached in my opinion and the injustices found, permit Mr. Carter to spend another day or even another hour in prison, particularly considering that he has spent almost twenty years in confinement, based in part upon a conviction which I have found to be constitutionally faulty. To deny relief sought would be inconsistent with my own ruling and render compassion meaningless. If my ruling is correct, Mr. Carter's past imprisonment may have been a travesty. To continue it would be an even greater one. If I am incorrect, either an Appellate Court or a trial court, should another jury convict, would require Mr. Carter to return to prison. There is no evidence before me now which would permit me to conclude that society will be harmed by his immediate release. In the face of these two alternatives, human decency mandates his immediate release. The historical purpose of a writ of habeas corpus is served by Mr. Carter's release. It is disserved by its denial.

Therefore, petitioner shall be enlarged and released forthwith on his own recognizance without surety; the only condition being that he shall keep the state appraised of his residence.

(at this point the judge is interrupted by Carter's 28 year old daughter, Charmaine who begins to clap and shouts, "Yeah!" along with other applause, and people hugging one another. The judge raps his gavel and raises his voice above it all to finish)

An order will be entered to this effect and I am confident that Mr. Carter will not disappoint this court or all those persons who believe in him. Court is recessed."

So see, it was NOT an acquittal by any means. It was simply a technicality, recognizing that Carter's full rights had not been recognized. Neither he or John Artis have EVER been acquitted of the murders at that bar in 1966.