posted by Justice on Feb 22

Gregory Taylor was freed in North Carolina this week after serving 17 years in prison for a evidence shows murder he didn’t commit, and we posted Ted Bradford of Washington to our database as the nation’s 251st DNA exoneree (and the first in Washington state). Their cases underline the need for reforms nationwide to help free the innocent and prevent wrongful convictions.

Friday Roundup: Freedom and Reform, from Coast to Coast
Gregory Taylor was freed in North Carolina this week after serving 17 years in prison for a evidence shows murder he didn’t commit, and we posted Ted Bradford of Washington to our database as the nation’s 251st DNA exoneree (and the first in Washington state). Their cases underline the need for reforms nationwide to help free the innocent and prevent wrongful convictions.

A comprehensive package of reforms with bipartisan support in Ohio has stalled just short of the finish line. Activists across Ohio are sending emails to their representatives this week urging a vote on the bill. If you’re in Ohio, send your letter here. If you’re not, ask your friends in Ohio to take action now.

New York City will begin recording complete interrogations in a pilot project in some precincts. Innocence Project Policy Analyst Rebecca Brown told WNYC that surveys of 238 police departments found that the reform is well received among law enforcement:

“They find that these are airtight confessions that they can use in court,” Brown said. “Nobody will question them. It prevents disputes about how officers conducted themselves. It creates a record of statements made by the suspect. It permits officers to concentrate on the interview rather than being distracted by the note taking.”

A Pennsylvania editorial called for DNA testing in the case of Innocence Project client Scott Oliver.

The Innocence Project of Texas filed a pardon application this week on behalf of Timothy Cole, who died in prison in 1999 while serving time for a rape DNA now shows he didn’t commit.

Rubin “Hurricane” Carter, who served 20 years in New Jersey prisons before he was cleared based on evidence of his innocence, is in Australia this week speaking about issues surrounding wrongful convictions.

Artist Dan Bolick’s portraits of exonerees are on display this month at Penn State University.

There’s plenty of interesting conversation on the Innocence Project’s Facebook page this week — share your views and connect with fellow advocates here.

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posted by Justice on Feb 8

By Maggie Taylor, Senior Case Coordinator Yesterday, I had the honor of sharing an incredible day with a person who had previously lived in my mind as handwriting, case documents and a very memorable name – Freddie Peacock.

Freddie Peacock’s Long Journey to Exoneration

By Maggie Taylor, Senior Case Coordinator

Yesterday, I had the honor of sharing an incredible day with a person who had previously lived in my mind as handwriting, case documents and a very memorable name – Freddie Peacock. I first heard Freddie’s name in 2005 when I evaluated his case for potential acceptance at the Innocence Project, and I was thinking of his letters yesterday as he finally achieved the exoneration he sought for so long.

In two weeks I'll celebrate my sixth anniversary with the Innocence Project, where I work in the intake and evaluation department. My job, and the job of eight wonderful colleagues in my department, is to help determine which cases the Innocence Project can accept. To do so, we reconstruct a case as best we can through documents: from the often-heartbreaking letters of prisoners and from lab reports, police reports, trial transcripts and other legal documents. We examine a case from every angle, looking for two things: a viable innocence claim and biological evidence that, if tested, should tell us if the person asking for our help is innocent. Our jobs, though fascinating and challenging, focus almost exclusively on lives on paper.

When Freddie first wrote to us, his request was different from many of the pleas we read. He needed our help to restore his good name. When I worked up Freddie's case in 2005, it was compelling not only for the biological evidence that could prove his innocence, but because he had been out of prison since 1982, and still fought for exoneration. In fact, Freddie had been off parole since 1992, and before that had voluntarily remained on parole because he thought he would have a better chance of proving his innocence.

He existed in my mind for years as a compelling story but he came to life when I met him on Wednesday. We arrived at his apartment on Wednesday afternoon and were greeted by Freddie, his sister Edith and his longtime friend and advocate Bill Marshall. Freddie, now 60, is a very tall man, with a genuine smile and brown tortoise shell glasses. Edith had just taken Freddie to the barber and they were planning his court outfit. Freddie picked up the tie he planned to wear the next day and handed it to Bill, who put it around his own neck, tied it, and put it on Freddie to check the length.

Freddie sat quietly as staff attorney Olga Akselrod and Cardozo student Jess Smith walked him through what would happen on exoneration day. As Edith, who was to be the family's official spokesperson at the press conference, prepared for difficult questions, we heard about how Freddie's wrongful conviction had affected the family. She talked about how worried she had been when Freddie went into prison. She feared Freddie's mental illness would make him a target of violence, and I thought about the scores of other inmates with mental illnesses who write to us for help.

The courthouse the next day was flooded with reporters and camera operators. The hearing was brief. Edith cried with relief as soon as the judge began signing the paper vacating Freddie's conviction. Olga asked for just three or four minutes to talk about Freddie's ordeal on the record; the judge granted two. No apologies were offered to Freddie. At the end of the hearing the judge wished Freddie luck, and we filed out of the courtroom just ten minutes after we had entered. Edith turned to her friend Jeanette, who had accompanied her, and said how glad she was it was all over, Jeanette silently tucked Edith's hair behind her ear.

At the press conference Olga praised Freddie for his spirit and tenacity in proving his innocence. She noted how terrifying it is to keep reaching out for relief to the same system that wronged you. Innocence Project Co-director Peter Neufeld pressed for laws mandating the recording of interrogations to help prevent false confessions, like the one Freddie allegedly gave police over three decades ago. Freddie sat with his head down, staring at his hands in his lap, as his sister described the burden of his wrongful conviction.

After the press conference we called the Innocence Project office so the staff and students could congratulate Freddie, an Innocence Project ritual. When Freddie said hello he was greeted with applause and cheers. He beamed, and laughed, and his sister told everyone on the line, “Y'all are family now.” I've been one of those voices cheering from the other end of the line on many occasions, and it was great to see that call from the other end, how happy it seemed to make Freddie and his sister.

Freddie’s family held a party after the hearing in the rec room of Freddie’s apartment complex. Freddie's family and friends gathered for lasagna, chicken, fruit and sandwiches. Freddie joked with everyone and talked about basketball with Peter, who noted that he and Freddie were the same age and had the same basketball heroes. Freddie's pastor, who was out of town and couldn't make it to the exoneration, called in with congratulations. Freddie cut a white sheet cake with blue roses that said, “Congratulations, Freddie, it's been a long journey.”

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posted by Justice on Feb 8

A bill that would address the causes of wrongful conviction and help innocent parolees seek exoneration is stalled in the Ohio House of Representatives, seven months after passing the Senate. The measure would require that law enforcement agencies preserve crime scene evidence and conduct “blind” identification procedures — in which the administering officer doesn’t know the identity of the suspect

Politics Delay Reform in Ohio

A bill that would address the causes of wrongful conviction and help innocent parolees seek exoneration is stalled in the Ohio House of Representatives, seven months after passing the Senate.

The measure would require that law enforcement agencies preserve crime scene evidence and conduct “blind” identification procedures — in which the administering officer doesn’t know the identity of the suspect. It would also open a path for people on parole to seek DNA tests that can prove innocence.

Although the bill has bipartisan support and the Governor has said he will sign it if passed, the Columbus Dispatch reports that progress seems to be delayed by a legislative logjam.

The delay has frustrated supporters, including Mark Godsey, director of the Ohio Innocence Project.

“All parties, including prosecutors, police, Democrats and Republicans, worked for years to create a consensus bill. It's a shame it's being delayed at this point,” Godsey said, noting that the bill would help prevent convictions of innocent people.

Read the full story here. (Columbus Dispatch, 2/5/10)

If you live in Ohio, sign up for Innocence Project email updates today to receive breaking news and actions relating to this issue in the weeks ahead.

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posted by Justice on Jan 16

“The Wronged Man,” a moving new Lifetime film, tells the story of Calvin Willis’ wrongful conviction in Louisiana and the fight to free him. The movie premieres on Lifetime Movie Network Sunday night at 8 p.m

Sunday on Lifetime: "The Wronged Man"

“The Wronged Man,” a moving new Lifetime film, tells the story of Calvin Willis’ wrongful conviction in Louisiana and the fight to free him. The movie premieres on Lifetime Movie Network Sunday night at 8 p.m. ET.

Watch a trailer here and find Lifetime Movie Network in your local listings.

Calvin Willis served more than 21 years in Louisiana prisons for a child rape he didn’t commit before DNA testing obtained by the Innocence Project proved his innocence and led to his exoneration. For 15 years, a paralegal named Janet “Prissy” Gregory advocated on Willis’ behalf, filing appeals for a new trial and raising money to pay for DNA testing. Gregory is played in the film by Julia Ormond. Willis is played by Mahershalalhashbaz Ali. Pictured above is a scene from the film with Ormond (left), Tonea Stewart (playing Momma Newton, the grandmother who raised Calvin) and Ali.

Learn more about Willis’ case. Watch an Innocence Project video of Willis' reunion with long-time friend and fellow exoneree Rickie Johnson.

Airing with the film is a new Public Service Announcement featuring Julia Ormond on wrongful convictions and the work of the Innocence Project. Watch the PSA here.

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posted by Justice on Dec 28

Donald Eugene Gates was freed from prison and his conviction was vacated last week when a D.C. Superior Court judge acted at the prosecutor’s request and acknowledged Gates was wrongfully imprisoned for 27 years

27 Years Later, Donald Gates is Declared Innocent

Donald Eugene Gates was freed from prison and his conviction was vacated last week when a D.C. Superior Court judge acted at the prosecutor’s request and acknowledged Gates was wrongfully imprisoned for 27 years. DNA testing and other evidence showed that Gates was innocent. The U.S. Attorney’s Office initially said it would block Gates’ exoneration, but backed down late Friday.

The Washington Post writes:

“The court finds by clear and convincing evidence that Mister Gates is actually innocent,” Judge Fred B. Ugast wrote in his opinion issued Friday, clearing Gates of all charges….

Prosecutors also acknowledged in a letter Friday to Ugast that they had found correspondence alerting them in 1997 to 12 discredited FBI crime analysts, including one whose testimony they had relied on heavily during Gates’s trial. Prosecutors previously indicated in court that they had not been told about the analysts, a mistake that Ugast had called “outrageous.” Also, prosecutors had relied on testimony from a paid informant who testified that Gates confessed the killing and rape to him.

Read the full article here.

Gates, who is now 58, was released from an Arizona prison last Tuesday. A hearing in his case that was scheduled for today was canceled once prosecutors agreed to drop the case – and admitted that they have known for 12 years that the forensic expert who testified at his trial has been discredited.

The Public Defender Service for the District of Columbia handled Gates’ post-conviction case. The Innocence Project has called for thorough review and follow-up of other cases involving the discredited FBI analysts who testified in Gates’ case.

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posted by Justice on Dec 20

A report released today by the Innocence Network delves into the cases of the 27 people exonerated this year through the work of the network’s 54 member organizations. The 27 exonerees served a total of 421 years behind bars. Yesterday, James Bain was freed from prison in Florida after serving 35 years for a crime he didn’t commit.

Friday Roundup: The Innocence Network Recaps a Successful 2009

A report released today by the Innocence Network delves into the cases of the 27 people exonerated this year through the work of the network’s 54 member organizations. The 27 exonerees served a total of 421 years behind bars.

Yesterday, James Bain was freed from prison in Florida after serving 35 years for a crime he didn’t commit. He served more time in prison than any other DNA exoneree in American history, and his case was featured on CBS Evening News last night.

University of Central Florida researchers set four one-bedroom apartments on fire yesterday as they tested methods of detecting arson. The forensic science behind arson investigations has come under fire recently amid controversy over the 2004 execution of Cameron Todd Willingham in Texas.

A trial is set to begin in March in Connecticut in the case of Duane Foster, the man accused of committing the sexual assault for which James Tillman served more than 16 years in prison. Tillman was freed in 2006 after DNA testing proved his innocence and implicated Foster.

The Houston Chronicle ran an editorial on the recent report revealing fingerprint errors in the Houston Police Department crime lab, writing that “Houston still needs to move forensic investigations out of its police department.”

A new article in the Marquette Law Review examines the legal system’s blindness to eyewitness identification problems. While some police in Kansas City said they would study new lineup procedures but local departments are reluctant to change. “At this juncture I’d be somewhat reluctant to make a bunch of sweeping changes just because it’s the vogue thing to do on the East Coast,” Liberty Police Lt. Mark Balzer told the Kansas City Star.

Four Maryland crime labs will receive $1.2 million in federal stimulus funds to clear DNA testing backlogs.

An editorial in the Post-Tribune of Northwest Indiana called for sweeping changes to prevent wrongful convictions in the state.

Yesterday marked the tenth anniversary of the day Clyde Charles was exonerated in Louisiana after serving 17 years in prison. Sadly, Charles passed away on January 7 of this year at age 55. This week also marks the exoneration anniversaries of Kerry Kotler, McKinley Cromedy, Phillip Leon Thurman, Clarence Elkins, Frank Lee Smith, Antron McCray, Korey Wise, Yusef Salaam and Raymond Santana.

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posted by Justice on Dec 17

Yesterday, Michael Marshall was freed in Georgia after spending more than two years behind bars for a crime DNA proves he didn’t commit. He is the 247th person exonerated through DNA testing in the United States, and his case is a troubling example of the failure of many jurisdictions across the country to address the causes of wrongful conviction.

Georgia Man Freed After 2008 Conviction Is Overturned

Yesterday, Michael Marshall was freed in Georgia after spending more than two years behind bars for a crime DNA proves he didn’t commit.

He is the 247th person exonerated through DNA testing in the United States, and his case is a troubling example of the failure of many jurisdictions across the country to address the causes of wrongful conviction. Marshall was convicted based in part in part on an unreliable eyewitness identification procedure, and although DNA testing could have been conducted before his conviction, it was not.

Marshall was homeless in 2007 when a police officer decided he resembled a composite sketch of a perpetrator in a truck theft case. He was identified by a man who saw the perpetrator steal the truck and would eventually plead guilty, receiving a four-year sentence.

Yesterday, Michael Marshall was freed in Georgia after spending more than two years behind bars for a crime DNA proves he didn’t commit.

He is the 247th person exonerated through DNA testing in the United States, and his case is a troubling example of the failure of many jurisdictions across the country to address the causes of wrongful conviction. Marshall was convicted based in part in part on an unreliable eyewitness identification procedure, and although DNA testing could have been conducted before his conviction, it was not.

Marshall was homeless in 2007 when a police officer decided he resembled a composite sketch of a perpetrator in a truck theft case. He was identified by a man who saw the perpetrator steal the truck and would eventually plead guilty, receiving a four-year sentence.

Moments after the crime happened, police officers pursued a man driving the stolen truck. The perpetrator escaped capture, but officers noted that he dropped a T-shirt, cell phone and cell phone case during his flight. These items were collected, and testing obtained this year by the Georgia Innocence Project found the DNA profile of another man on all three items, proving that Marshall was not the perpetrator. A check of the national DNA database found a match to another man, whose name has not been revealed.

Lawyers at the Georgia Innocence Project point to two troubling aspects of Marshall’s conviction. First, the identification procedure was deeply flawed. Marshall was identified in a highly suggestive “show-up” procedure ten days after the crime, in which a victim who witnessed the crime was brought to the location of Marshall’s arrest.

The second issue is the lack of DNA testing before Marshall’s conviction. Although DNA testing was available and widely used in 2007, there is no record that the shirt, phone or phone case were subjected to DNA testing before Marshall’s conviction.

Watch video of Marshall’s release here. (Fox 5 Atlanta)

Read more about Marshall’s case on the Georgia Innocence Project website.

Above, Marshall enjoys his first moments of freedom with Georgia Innocence Project intern Christina Rupp.

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posted by Justice on Dec 10

The U.S. Supreme Court heard oral arguments yesterday in a case challenging the wording of the Miranda rights that law enforcement officers read to suspects before questioning.

Supreme Court Reviews Miranda Warnings
The U.S. Supreme Court heard oral arguments yesterday in a case challenging the wording of the Miranda rights that law enforcement officers read to suspects before questioning. Miranda rights, established in a 1966 Supreme Court decision, alert suspects to their rights before and during an interrogation, including the right to remain silent and to speak with an attorney. At issue in Monday’s case was the wording about the right to have an attorney present throughout an interrogation.

These details are critical to preventing wrongful convictions, because 25% of the wrongful convictions overturned through DNA testing involved false confessions, many of which were made by suspects who were interrogated by police without a lawyer present.

Monday’s case, Florida v. Powell, involved a Tampa, Florida, case where the defendant, Kevin DeWayne Powell, signed a statement that included the language: “You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview.''

Powell’s attorneys challenged the Tampa version of the rights, saying they didn’t meet the Miranda standard, which includes a clause informing suspects that an attorney can be with them during questioning, as opposed to before. The Florida Supreme Court agreed, tossing his conviction because the rights were too vague. According to SCOTUSblog, some of the U.S. Supreme Court Justices suggested at oral arguments that narrowing the required rights could be dangerous, while Chief Justice John Roberts and Justice Antonin Scalia argued that the court had established a standard set of rights that did not include a warning about the continued presence of a lawyer.

Read the full analysis at SCOTUSblog.

Read more coverage of oral arguments in the Miami Herald
.

Learn more about the role of false confessions in wrongful convictions
.

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posted by Justice on Dec 10

DNA testing has been suspended for over a month in New Mexico’s State Police crime lab after the state’s forensic accreditation lapsed at the end of October, and a backlog is building up. Officials reported recently that the lab is 124 cases behind and that at least two cases will have passed court deadlines before accreditation can be renewed, which could happen as soon as this week. “This could be a blow to every district attorney's office across New Mexico, as well as law enforcement,” Lemuel Martinez, a district attorney in New Mexico, told the Albuquerque Journal .

DNA Backlogs Build Across the U.S.

DNA testing has been suspended for over a month in New Mexico’s State Police crime lab after the state’s forensic accreditation lapsed at the end of October, and a backlog is building up. Officials reported recently that the lab is 124 cases behind and that at least two cases will have passed court deadlines before accreditation can be renewed, which could happen as soon as this week.

“This could be a blow to every district attorney's office across New Mexico, as well as law enforcement,” Lemuel Martinez, a district attorney in New Mexico, told the Albuquerque Journal. “To not have that service readily available will really be terrible for the entire criminal justice system. I just hope no cases fall through the cracks.”

We’ve reported in recent weeks that backups in labs across the country have left critical evidence, including rape kits, untested nationwide in thousands of cases.

And budget shortfalls mean that some departments rule out testing in entire categories of crimes. Although DNA testing has been used increasingly in burglary cases in recent years, Houston Police Chief Harold Hurtt told the Houston Chronicle on Friday that he can’t get funding to expand the use of DNA tests in burglary investigations. Burglaries are up 4.4 percent in Houston this year, with 21,212 break-ins through September.

It would cost $8 million to upgrade the current HPD crime lab to process DNA evidence from non-violent offenses in addition to violent crimes, Hurtt estimated….

“I'm so frustrated with this whole process,” Hurtt said Friday. “We find a problem, we find a solution, and … everybody says, ‘This is important. We have to do it.' However, it doesn't seem to be a priority. And we're not going to be able to do this for free.”

Even when testing is eventually conducted, lab backlogs can delay arrests for violent crimes and delay the slow investigations that eventually clear innocent suspects.

A Massachusetts man recently spent five months in jail before DNA tests proved he didn’t commit the crime he had been charged with — and he was freed. Another man was recently charged with a 2003 sexual assault based on evidence collected in 2005, but not tested until this year.

Despite this, Massachusetts officials announced last week that are not focused on eliminating the state’s backlog of 16,000 cases.

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posted by Justice on Dec 10

In 1999, facing devastating testimony from a man considered at the time to be one of the world’s leading pediatric pathologists and a possible life sentence, Sherry Sherret-Robinson pled guilty to suffocating her four-month-old son, something she had always said she didn’t do. Yesterday, she was cleared.

A Canadian Mother Is Cleared in Her Son’s Death
In 1999, facing devastating testimony from a man considered at the time to be one of the world’s leading pediatric pathologists and a possible life sentence, Sherry Sherret-Robinson pled guilty to suffocating her four-month-old son, something she had always said she didn’t do.

Yesterday, she was cleared. A panel of three Ontario judges set aside her conviction, saying she had been wrongfully convicted. The work of Dr. Charles Smith, the pathologist who testified that Sherret-Robinson’s son had been asphyxiated, has been discredited in recent years. Sherret-Robinson is the second person cleared of a conviction based on faulty testimony from Smith, and nearly 30 additional cases are under review.

The wrongful conviction has taken a toll on her life, reports the Toronto Star. She served a year in prison before being released, and also lost custody of her eldest son. She has struggled to find work due to her criminal record and suffers from post-traumatic stress disorder.

Read the full story – and more on the other pending Smith cases
. (Toronto Star, 12/08/09)

Unvalidated or improper forensics, including faulty testimony from medical examiners, has been a factor in at least half of the wrongful convictions overturned through DNA testing to date. Learn more about forensics as a cause of wrongful conviction here.

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