TW .pdf

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American justice system can send a person to prison
for years and refuse to consider evidence
contradicting the original charge.
When a 20-year-old Tauno Waidla, a Soviet Army defector of Estonian birth, went to resolve a work dispute on his own, allowing
his friend Peter Sakarias to accompany him, he could never have
imagined he would end up imprisoned under a death
sentence for decades.

a painting by Tauno.

The dispute became quickly a fatal tragedy. Tauno’s former employer, having refused to pay him for his work,
got hold of a hatchet. Tauno had not had time to react to
a bloody wound on his leg when Sakarias appeared with
a knife and proceeded to stab. Psychiatrists have asserted
that he was in a psychotic state at the time. A bit later he
used the hatchet the victim had dropped.

Tauno Waidla
in a San Quentin exercise yard.

Tauno did not even see the final stage of the murder for which he received the death penalty until his trial. By
then, his Miranda and Vienna Convention rights were violated and so, without a lawyer or an interpreter, he
had been forced to give a statement implicating himself. And that statement, even in which he never actually
admitted to having committed a murder, became the primary evidence against him. According to Mónica
Giner, the Chief Investigator at the Office of the Federal Public Defender in Los Angeles, and Sean Kennedy, a
professor at Loyola Law School and Tauno’s current appellate attorney, it is a very complicated case. As a matter
of fact, there seem to be no real evidence against Tauno. Yes, there was a dispute, which nobody denies. And a
murder did take place - an Estonian émigré died in Los Angeles. No murder weapons were ever found.
The illegally obtained statement, which actually does not contain a confession to murder, brought Tauno the
death penalty. 30 years later it was overturned, not the conviction for murder, though. A small win. However,
the Attorney General of California appealed even that decision.
11 years after the murder took place, Sakarias admitted in writing that he alone had committed it. As stated
by Sakarias, Tauno did not even witness the murder. But that statement probably won’t be considered by the
Ninth Circuit, the American federal appellate court, where both the attorney general and Tauno’s lawyer have
appealed. According to Kennedy, Sakarias is mentally unstable and therefore isn’t a credible witness even in the
matter of his own crime. “Is this a reason why I must remain in prison for the rest of my life, possibly even be
executed for a crime in which I was an unwilling accomplice?” asks Tauno. He wants his case to be thoroughly
reviewed and hopes that thereupon his imprisonment of 30 years will be considered adequate for having unwillingly become an accessory.
Some realistic hope gives Tauno a change to California’s felony-murder rule, which will take effect on January
1, 2019. According to the new rule, each participant in a crime must only receive a sentence for whatever they
themselves actually did. Yet before it has become a law, the attorney general has offered him a deal: accept a life
sentence without the ability to continue appealing his conviction. Tauno would rather take the risk of getting
a death penalty again.
Kennedy has said that Tauno’s case is full of contradictions and questions. “A fight for his freedom continues,”
declared the lawyer. But he admitted that the situation is extremely complicated from a legal point of view - the
court simply may refuse to consider any evidence that contradicts the original charge.

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