June 23: A Day of Action for Criminal Justice Reform
Mark your calendar and get ready to speak up for criminal justice reform next Wednesday, June 23.

The Innocence Project will be asking supporters to call Senate leaders on Wednesday, urging them to support the creation of a national criminal justice reform commission.

A bill pending in the U.S. Senate would form a National Criminal Justice Commission to review and evaluate the country’s sprawling criminal justice system and make recommendations for reform. The bill is sponsored by Virginia Sen. Jim Webb, with more than three dozen co-sponsors from both parties.

The 254 DNA exonerations to date have revealed troubling flaws in our criminal justice system, and the proposed blue-ribbon panel could consider the causes of wrongful convictions and recommend federal measures to address them. And the issues seen in wrongful conviction cases extend throughout the system. From forensic oversight to indigent defense, the commission’s work could lead to reforms that improve public safety and confront the causes of injustice.

Phone numbers and more will be posted here on the morning of June 23 – but sign up for Innocence Project email updates here to get the action alert in your inbox on Wednesday morning.

Let your friends know about next week’s day of action by posting on Facebook and Twitter today.

And read more about the proposed commission below:

Open Congress: S. 714 National Criminal Justice Act

Sen. Jim Webb: National Criminal Justice Commission Act

Tags: Miscarriage of Justice, law, injustice

Innocence Project Honored by John Jay College of Criminal Justice
Last night, the Innocence Project received the national leader for justice award from John Jay College of Criminal Justice in acknowledgement of the organization’s commitment to freeing wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice. Acclaimed actress and activist Mia Farrow presented the award to Innocence Project co-founders Barry Scheck and Peter Neufeld at the ceremony held at the College’s Gerald W. Lynch Theatre.

Other honors went to Leymah Gbowee and the Florence Immigrant and Refugee Rights Project. Gbowee received the global leader for justice award for her devotion to rally women to stop the civil war in Liberia. The Florence Immigrant and Refugee Rights Project received the community leader for justice award for its dedication to representing indigent people apprehended in Arizona for immigration removal proceedings.

Full details here.

Tags: Barrister, Miscarriage of Justice,

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

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.

Tags: Barrister, legal,

Friday Roundup: Ringing the Liberty Bell

Here are some of the stories we didn’t get to on the Innocence Blog this week. For breaking news, follow us on Twitter @innocenceblog.

James Bain served 35 years in Florida prisons for a rape he didn’t commit before DNA testing obtained by the Innocence Project of Florida led to his exoneration in December. On Monday, he will ring the Liberty Bell in Philadelphia in a celebration of one of his heroes, Martin Luther King, Jr.

Oklahoma State Sen. Constance Johnson filed a bill yesterday that would create a commission to study the causes of wrongful convictions and recommend reforms to address them.

A wave of drug-related crime has led to a spike in demand for forensic tests in Mexico. Educational opportunities for aspiring forensic analysts are expanding as well.

British exoneree Sean Hodgson could receive several million Pounds in compensation after serving 27 years in U.K. prisons for a crime he didn’t commit. He spoke with the BBC this week about the challenges of life after exoneration.

A new paper from University of Houston Law Center Professor Sandra Guerra Thompson explores how state courts across the U.S. have handled evidence of eyewitness misidentifications.

Tags: pro bono, Miscarriage of Justice, Layla D’monte

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: Innocence Project, legal, pro bono

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: legal aid, Barrister, injustice

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, law, legal

DNA Evidence Points to Florida Man’s Innocence

James Bain was 19 years old when he was convicted of kidnapping and raping a young boy in Florida and sentenced to life in prison. Now, 35 years later, his attorneys say new DNA tests prove he is innocent of the crime.

The Innocence Project of Florida, working with local public defenders, requested DNA tests in July and received the results yesterday. They show that biological evidence from the perpetrator did not come from Bain. The results were sent to the State’s Attorney’s office today, and Bain’s attorneys are requesting that his conviction be overturned immediately, “before he spends his 36th Christmas locked up for a crime he didn't have anything to do with.”

An assistant state’s attorney told the St. Petersburg Times that his office is reviewing the DNA results and considering what steps to take next. Bain was denied DNA tests in 2001, 2003 and 2006 before they were finally granted this year.

The victim identified Bains in a photo lineup before trial. The St. Petersburg Times has more background:

Police said the child described the rapist this way: “Bushy sideburns … 17 or 18 … he said his name was Jim.”

The boy's uncle, who was at the house, said the description pointed to Jimmy Bain.

Jimmy Bain, 18, who had been a student at the high school where the uncle was assistant principal. Jimmy Bain who had bushy sideburns and rode around town on a motorcycle. Jimmy Bain, whom the boy said he had seen before, though it was hard to describe him because he wore a helmet.

Police went to Bain's home and took his picture. They mixed it in with color Polaroids of four other young men. The boy picked Bain.

Later, in a deposition, the boy described how he identified his attacker to a police officer.

“He asked me can I pick out Jimmie Bains,” the boy said. “And I picked him out.”

Read the full story here. (St. Petersburg Times, 12/09/09)

Visit the Innocence Project of Florida website.

Tags: , Innocence Project, injustice

Ten Years Later, a Texas Family Seeks a Posthumous Pardon

Ten years ago this week, Timothy Cole died in a Texas prison while serving a 25-year sentence for a crime DNA now proves he didn’t commit. In an op-ed this week in the Fort Worth Star-Telegram, Cole’s brother Cory D. Session, Sr., writes that his brother deserves a posthumous pardon, fully clearing his name. Session writes:

This year, (Cole) became the first person to be posthumously exonerated, thanks to state District Judge Charlie Baird.

In many of the letters Tim wrote from prison after being convicted of a rape he didn’t commit, he mentioned three things that he longed for – vindication, exoneration and a full pardon from the governor.

The quest for the pardon continues.

On July 1, 2009, Tim’s 49th birthday, Gov. Rick Perry said that he does not have the power to pardon the dead. Perry said he needed a constitutional amendment because of a several-decades-old opinion from former state Attorney General Waggoner Carr that prevents him from doing so. We await a modern opinion from the current attorney general, Greg Abbott.

Read the full op-ed here. (Fort Worth Star-Telegram, 12/1/09)

Also marking the anniversary of his death this week, the Texas Tech University School of Law yesterday announced a scholarship in Cole’s name that will support the studies of aspiring law students. Cole was a Texas Tech student in 1985 when he was arrested for a rape he didn’t commit.

The scholarship fund was started with a $100,000 endowment, which included funds donated by Lubbock attorney Kevin Glasheen and Innocence Project of Texas Chief Counsel Jeff Blackburn.

Read more. (KCBD, 12/2/09)

Tags: Layla D’monte, legal, Miscarriage of Justice