Innocence Project Bournemouth

posted by Justice on Aug 23

Recent blood tests have confirmed that a Louisiana man serving life behind bars for a 1988 rape and armed robbery is actually innocent. Innocence Project client Booker Diggins, who was convicted of the crimes, has been behind bars for 22 years for a crime he didn’t commit. Diggins was convicted based on the eyewitness testimony of the victim, who picked him out of a photo line-up as the man who raped her.

Louisiana Man Proves His Innocence But Remains Behind Bars
Recent blood tests have confirmed that a Louisiana man serving life behind bars for a 1988 rape and armed robbery is actually innocent. Innocence Project client Booker Diggins, who was convicted of the crimes, has been behind bars for 22 years for a crime he didn’t commit.

Diggins was convicted based on the eyewitness testimony of the victim, who picked him out of a photo line-up as the man who raped her. Prosecutors knew that semen was recovered from the rape kit, but never shared this information with defense attorneys, so Diggins’ blood typed was never tested, and therefore compared to the semen from the perpetrator.

More than two decades after the conviction, Diggins managed to purchase a copy of his case file for $209, where he discovered that the biological evidence had been withheld. DNA testing can’t be conducted because the evidence has been missing since Hurricane Katrina, but the Innocence Project filed an appeal earlier this month seeking a hearing on the blood-type evidence.

“This is bulletproof scientific evidence that he is not the guy,” said attorney Barry Scheck. “He wasn’t the rapist and they could have known that in 1988.”

Read more in today’s Times-Picayune article.

Download the Innocence Project’s motion on Diggins’ behalf.

Tags: Innocence Project, legal aid, law

posted by Justice on Aug 6

Ohio Governor Ted Strickland (left) and Attorney General Richard Cordray wrote to prosecutors across the state yesterday urging them to allow DNA testing in seven criminal cases where it has previously been denied.

Ohio Governor Pursues DNA Tests in Seven Cases
Ohio Governor Ted Strickland (left) and Attorney General Richard Cordray wrote to prosecutors across the state yesterday urging them to allow DNA testing in seven criminal cases where it has previously been denied. The cases in question include one man on death row, two prisoners serving long sentences, three who are out of prison and want to clear their names and one who died in 2006.

The testing – which could confirm guilt or prove innocence – has been opposed by prosecutors and denied by judges in the past.

Strickland told the Columbus Dispatch that he doesn’t have the power to force prosecutors or judges to grant DNA testing but said prosecutors should provide evidence “as a matter of public policy.”

“I really think it’s irrational not to take advantage of methods that could establish either guilt or innocence when those technologies are available to us,” Strickland told The Dispatch. “I can think of no good argument why anyone would be denied DNA testing if, in fact, there is a reasonable or relevant opportunity to bring clarity to whether or not someone is guilty of a crime.”

Five of the seven cases highlighted by Strickland and Cordray were part of an investigation the Columbus Dispatch conducted in 2008. In collaboration with the Ohio Innocence Project, the paper reviewed more than 300 cases for DNA testing. Attorneys agreed that testing was necessary in 30 cases and was ultimately approved for 18.

If prosecution grants DNA testing, Cincinnati-based lab DDC Diagnostics would conduct the tests for free.

Read the full story here.

Read the Columbus Dispatch investigation here.

Tags: Layla D’monte, law, pro bono

posted by Justice on Jun 21

It took an Illinois man two decades to prove through DNA tests that he was wrongfully convicted of raping his neighbor, and authorities now say DNA has linked another man to the 1987 crime. A New Orleans state judge ruled against releasing George Toca , who has been in prison for nearly three decades for a shooting murder he says he did not commit

Friday Roundup: Defending Their Innocence
It took an Illinois man two decades to prove through DNA tests that he was wrongfully convicted of raping his neighbor, and authorities now say DNA has linked another man to the 1987 crime.

A New Orleans state judge ruled against releasing George Toca, who has been in prison for nearly three decades for a shooting murder he says he did not commit. Innocence Project New Orleans, which represents Toca, says he was convicted based on misidentifications by two witnesses, who described the shooter as taller and heavier than Toca. The group will continue to appeal the decision.

Lawyers and students at the Wisconsin Innocence Project have discovered new evidence of innocence in the case of a man who has been in prison for 20 years for a murder he says he didn’t commit. A judge heard evidence this week in his motion for a new trial.
“After Innocence,” the award-winning documentary film about life after exoneration, inspired author Cammie McGovern to write a new novel titled, “Neighborhood Watch” about a librarian who has been exonerated from prison through post-conviction DNA evidence 12 years after the conviction.

A Houston Chronicle investigation found that the city’s police department misidentified a suspect in 1996 based on faulty fingerprint analysis. The Houston City Council is deciding whether to renew its contract with a private firm that operates the city’s fingerprint lab.

Prosecutors in New York’s Erie County are reviewing 42 sexual assault investigations or prosecutions that involved the testimony of a discredited forensic nurse whose findings have been questioned by national experts.

Get more forensic news from the last week on the Just Science Coalition website.

Tags: legal aid, Barrister, legal

posted by Justice on Apr 23

Today’s much-anticipated meeting of the Texas Forensic Science Commission finally turned to the case of Cameron Todd Willingham-although in limited scope. A subcommittee has been put in place to investigate the Willingham case, and the commission decided today to expand that group.

Texas Forensic Science Commission Expands Willingham Panel
Today’s much-anticipated meeting of the Texas Forensic Science Commission finally turned to the case of Cameron Todd Willingham-although in limited scope. A subcommittee has been put in place to investigate the Willingham case, and the commission decided today to expand that group.

“I think every member of this commission is vitally interested in this particular investigation,” Evans said.

Bradley told the commission that if the subcommittee were enlarged to include the entire nine-member commission – or at least a quorum – the meetings would have to be public because of Texas’ open meeting requirements.

But three – or four – members may meet behind closed doors.

Kerrigan said she’d serve on the subcommittee if it had more than three members. The commission voted to include both her and Evans as part of a four-member subcommittee.

As Bradley steered the meeting toward other business, he said: “If one were to read public materials about the Forensic Science Commission, one might jump to the conclusion that this commission was formed for the purpose of investigating one case and discussing it endlessly. That would be inaccurate.”

Read the full post from the Austin American-Statesman here.

In fact, Willingham’s case was initially set to be heard by the commission in October. But Gov. Rick Perry abruptly removed the commission’s chair and installed John Bradley, who in turn has continued to delay the investigation by forming subcommittees and spending months reviewing commission procedures.

The commission meeting will continue for several hours and is being live-blogged by several media outlets, including the Austin American-Statesman (linked above) and the Dallas Morning News here.

Read more news and editorial coverage of today’s meeting.

Dallas Morning News 4/23/10

Texas Tribune 4/23/10

Dallas Morning News Editorial 4/22/10

Austin American-Statesman 4/21/10

Tags: , pro bono, legal

posted by Justice on Apr 9

One year ago this week, Timothy Brian Cole was officially exonerated for a 1985 Texas rape he did not commit. Cole’s exoneration, while welcomed by family and friends who had fought on his behalf, came too late for Cole himself. He died of an asthma attack in 1999 while still in prison at the age of 39.

A Posthumous Exoneration, One Year Later
One year ago this week, Timothy Brian Cole was officially exonerated for a 1985 Texas rape he did not commit. Cole’s exoneration, while welcomed by family and friends who had fought on his behalf, came too late for Cole himself. He died of an asthma attack in 1999 while still in prison at the age of 39. Cole’s story is tragic even in the annals of Texas, which leads the country with 40 wrongful convictions overturned by DNA testing.

In 1985, Cole was a 26-year-old Army veteran studying business at Texas Tech in Lubbock, when another student, Michele Mallin, was raped and robbed at knife-point while parking her car across the street from her dormitory. Mallin described her attacker as a young black male who chain smoked cigarettes. Cole lived in the area, and a detective took a Polaroid of Cole and showed it to Mallin along with five other photographs. Cole’s picture stood out from the others, as it was the only color Polaroid among five black-and-white photos. Mallin identified him as the perpetrator and confirmed her identification of Cole at a live lineup the following day.
At trial, Cole’s brother and friend both testified that they played cards while Cole studied at home the night of the attack. Cole also presented evidence of his severe asthma, which prevented him from smoking cigarettes. Cole’s attorney also tried to introduce evidence of similar rapes before and after Cole’s arrest, which he could not have committed. This evidence was disallowed by the trial judge, and after six hours of jury deliberation, Cole was convicted of rape and sentenced to 25 years in prison.

In 1995, Jerry Wayne Johnson, a Texas prisoner serving a life sentence, wrote a letter to prosecutors confessing to the rape for which Cole had been convicted. This letter was ignored, and Cole passed away without ever learning of Johnson’s admission. In 2000, Johnson again wrote a letter confessing to the rape, but was still ignored. Eventually, the Innocence Project and Cole’s family learned of the confession. The Innocence Project joined with the Innocence Project of Texas as co-counsel and sought DNA testing on serological evidence from the crime scene. The results conclusively excluded Cole and implicated Johnson. Finally, at an April 7, 2009 hearing, a Texas judge officially exonerated Cole.

Fortunately, Cole’s posthumous exoneration has spurred calls for reform in Texas. In 2009, the legislature passed the Timothy Cole Act, increasing compensation paid to exonerees to $80,000 a year. The state also created the Timothy Cole Advisory Panel on Wrongful Convictions to study ways to prevent similar injustice across the state. Mallin also speaks out against faulty eyewitness identification procedures. In a 2009 op-ed in the Houston Chronicle, she urged Texas to adopt the recommendations of the National Academy of Science 2009 Report.

Watch a video of Mallin telling her story at Georgetown University Law Center here.

On March 1, 2010, Governor Rick Perry granted Cole a full posthumous pardon after the unanimous recommendation of the Texas Board of Pardon and Paroles. Cole’s 73-year-old mother, Ruby Session, while ecstatic, still realizes that there is much work to be done. Because of her son’s sacrifice, she said, “we’re on the forefront of a new day in the criminal justice system.”

Other Exoneree Anniversaries This Week:

Brandon Moon, Texas (Served 17 years, Exonerated 4/6/05)

Harold Buntin, Indiana (Served 13 years, Exonerated 5/20/05, Released 4/4/07)

Terry Chalmers, New York (Served 7.5 years, Exonerated 4/5/95)

Tags: legal, , pro bono

posted by Justice on Feb 22

In 1995, Kennedy Brewer was sentenced to death in Mississippi for allegedly raping and murdering his girlfriend’s three-year old daughter. Although his conviction was overturned in 2001 after seven years on death row, he would spend another five years in jail, and two years free on bond, before he was finally exonerated two years ago this week

Faulty Science and the Wrong Man on Death Row
In 1995, Kennedy Brewer was sentenced to death in Mississippi for allegedly raping and murdering his girlfriend’s three-year old daughter. Although his conviction was overturned in 2001 after seven years on death row, he would spend another five years in jail, and two years free on bond, before he was finally exonerated two years ago this week.

Pictured, from left to right, are Innocence Project Staff Attorney Vanessa Potkin, Brewer, Mississippi exoneree Levon Brooks and Innocence Project Co-Director Peter Neufeld.

Dr. Michael West, a bite-mark analyst who has since been discredited, provided critical testimony for the prosecution. West was brought into the case by Dr. Steven Hayne, a medical examiner who lacks proper board certification and whose work has also been discredited. At trial, West told the jury that Brewer had bitten the girl 19 times using only his upper two teeth, and that marks on the victim’s body conclusively matched Brewer’s dental records. In fact, experts say that the marks weren’t even caused by human teeth.

West’s procedures and findings have come under fire in numerous cases. He claims to have invented the “West Phenomenon,” in which he donned yellow goggles, and, using a blue laser, identified bite marks, scratches and other marks that only he could see. West also claimed to have conclusively identified a perpetrator from bite marks on a bologna sandwich. That conviction was later overturned. In 2001, a defense lawyer sent his own dental mold and photographs of bite marks on a victim’s breast to West, along with his $750 retainer. West produced a video for the lawyer in which he concluded that the mold and photos were a definite match.

In its 2009 report on forensic science, The National Academy of Sciences criticized the relatively new field of forensic odontology, because there is no widely accepted way to measure the reliability of bite marks, no national database to compare samples and a lack of extensive peer review and research. To remedy these problems, the NAS recommended the formation of a national entity to supervise and support forensic science, including bite mark analysis. Learn more about improper and unvalidated forensic science and read the full NAS report here.

Citing West’s original testimony, the Mississippi State Supreme Court affirmed Brewer’s conviction and death sentence in 1997. DNA testing performed in 2001 showed that he could not have committed the crime and led to his conviction being overturned. Prosecutors, however, said they intended to retry him.

Brewer remained in jail awaiting the promised trial until 2007, when he was freed on bond — with a trial still pending. The next year, an Innocence Project investigation led to further DNA testing, which implicated another man as the perpetrator. The real perpetrator then confessed to committing the crime, and a similar crime for which another man – Levon Brooks – had been wrongfully convicted as well.

Brewer says he’s not angry about the injustice he suffered and instead wants to focus on moving on with his life. He met his future wife in a program after his exoneration, and plans to get married this April. Brewer also has two children and a grandson. He currently works at a food processing plant in Brooksville, Mississippi.

Tags: legal aid, law, pro bono

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.

Tags: pro bono, Innocence Project, legal

posted by Justice on Jan 2

As we wrote yesterday in our post on ten great moments of the decade , it has been an eventful and successful 10 years for individuals and groups working to overturn wrongful convictions – but there’s plenty of work left to do. As we embark on a new decade, here’s a roundup of 10 must-read books on wrongful convictions and criminal justice reform from the last 10 years, in no particular order. There were many more great books on the issue in the 2000s than we can name here, however, so please visit our book list for more good reads .

Ten Great Books of the Decade

As we wrote yesterday in our post on ten great moments of the decade, it has been an eventful and successful 10 years for individuals and groups working to overturn wrongful convictions – but there’s plenty of work left to do.

As we embark on a new decade, here’s a roundup of 10 must-read books on wrongful convictions and criminal justice reform from the last 10 years, in no particular order. There were many more great books on the issue in the 2000s than we can name here, however, so please visit our book list for more good reads.

“Picking Cotton” by exoneree Ronald Cotton and crime victim Jennifer Thompson-Cannino, with Erin Torneo. Set to come out in paperback on January 4, this book was a highlight of 2009 and tells the moving story of a wrongful conviction and the fight for reform from the perspectives of an exoneree and crime victim.

“Actual Innocence“, by Innocence Project Co-Directors Barry Scheck and Peter Neufeld, with Jim Dwyer, this groundbreaking book examines the emergence of DNA testing and the causes of wrongful conviction it unveiled.

“Exit to Freedom,” an autobiography by Georgia exoneree Calvin Johnson, with Greg Hampikian of the Idaho Innocence Project, describes Johnson’s 1983 wrongful conviction, his fight for freedom and the challenges of building a new life after exoneration.

“The Innocents,” is a visually stunning collection of exoneree photos by Taryn Simon, with commentary by Innocence Project Co-Directors Barry Scheck and Peter Neufeld.

“Surviving Justice: America’s Wrongfully Convicted and Exonerated,” includes first-hand accounts of injustice and exoneration from 13 men and women who were wrongfully convicted. Edited by Dave Eggers and Lola Vollen.

“Journey Toward Justice,” is Dennis Fritz’s personal account of his conviction in Oklahoma for a murder he didn’t commit.

“True Stories of False Confessions,” gathers articles and stories of false confessions, one of the leading causes of wrongful conviction. Edited by Rob Warden and Steve Drizin of the Center on Wrongful Convictions at the Northwestern University School of Law.

“Tulia: Race, Cocaine, and Corruption in a Small Texas Town,” by Nate Blakeslee, explores injustice and the drug war through the lens of a wrongful conviction scandal in Texas.

“The Innocent Man,” John Grisham’s first non-fiction book tells the heartbreaking story of a murder in Oklahoma and an unimaginable injustice suffered by two innocent men: Ron Williamson and Dennis Fritz.

“Bloodsworth,” by Tim Junkin, is the story of Kirk Bloodsworth, the first person exonerated through DNA testing in the U.S. after serving time on death row.

Tags: injustice, legal aid, Barrister

posted by Justice on Jan 2

Happy New Year from all of us at the Innocence Project to our wonderful blog readers and our online community.

Happy New Year

Happy New Year from all of us at the Innocence Project to our wonderful blog readers and our online community. We're looking forward to working with you the bring about more exonerations in 2010 and to pass critical reforms across the country that will prevent injustice from happening.

There are just a few hours left to make a tax-deductible donation to the Innocence Project in 2009, the deadline is midnight tonight. We wouldn't be here without your support. Please make an online donation today.

Thank you for your dedication and generosity, here's to overturning injustice together in the New Year!

Tags: injustice, legal, law

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.

Tags: injustice, law, legal aid