posted by Justice on Aug 12

A Pennsylvania man sent to death row based on questionable arson evidence is seeking a new hearing based on expert findings that the fire may have been accidental. Daniel Dougherty was sentenced to death in 2000 for allegedly setting the blaze in that killed his children. Dougherty has always maintained his innocence and says he is a victim of flawed arson science.

Death Row Prisoner Appeals Arson Conviction
A Pennsylvania man sent to death row based on questionable arson evidence is seeking a new hearing based on expert findings that the fire may have been accidental.

Daniel Dougherty was sentenced to death in 2000 for allegedly setting the blaze in that killed his children. Dougherty has always maintained his innocence and says he is a victim of flawed arson science.

Reviews of evidence in Dougherty’s case have turned up similarities to the case of Cameron Todd Willingham, a Texas man who was convicted of murder in 1992 after his three young daughters died in a fire at his home. Willingham was executed in 2004 despite evidence available at the time that the science used to convict him was invalid.

According to CNN, two arson investigators who re-examined the evidence from Dougherty’s case reported that they didn’t find any conclusive indicators of arson. Dougherty’s original lawyer never introduced expert testimony in his 2000 trial and has since admitted to never seeking assistance from independent fire investigators.

“We have an innocent man on death row who has been languishing there, and there is absolutely no evidence that a crime occurred,” said his [new] attorney, David Fryman. “We’ve been trying our best to right that wrong.”

Across the country, people are convicted of arson based on outdated science that has been discredited for years. As a result of advancements in the field, lawyers and investigators are now questioning previous arson convictions.

Dougherty filed a petition for post-conviction relief in 2006 and hopes the arson experts’ reports will help the Pennsylvania Supreme Court decide to hear his case. There is no execution date set.

Read the full story here.

Learn more about Cameron Todd Willingham here.

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posted by Justice on Aug 6

Jerry Hobbs was freed yesterday in Illinois after spending five years in jail awaiting trial for the murder of his daughter and another young girl, a crime for which DNA tests implicate another man. His case is an example of the vast damage that can be caused even when injustice is uncovered before trial

After Five Years in Jail, Illinois Man Is Freed
Jerry Hobbs was freed yesterday in Illinois after spending five years in jail awaiting trial for the murder of his daughter and another young girl, a crime for which DNA tests implicate another man. His case is an example of the vast damage that can be caused even when injustice is uncovered before trial.

Shortly after alerting police that he had discovered his daughter and a friend murdered in 2005, Hobbs was charged with the crime. He signed a written confession after a daylong police interrogation, but he soon recanted the statement, saying it had been coerced.

One year after the crime, investigators learned that DNA testing on semen from one victim’s body pointed to another unknown man. They pressed forward with charges against Hobbs, however, saying they intended to seek the death penalty. In June, the DNA profile from the crime scene implicated a man in custody in Virginia, police say, and charges were dropped yesterday against Hobbs.

Prosecutors didn’t offer an apology to Hobbs, saying they were dropping the charges because they couldn’t prove his guilt beyond a reasonable doubt.
While 258 people have been exonerated through post-conviction DNA testing, countless others have spent months or years in prison while facing charges before they are freed. In a 1995 study of 10,000 criminal cases by the by the U.S. National Institute of Justice, suspects were excluded 25 percent of the time after DNA tests came back. While wrongful convictions are avoided in these cases, the contact with the criminal justice system and time spent behind bars is incredibly damaging to the life of an innocent individual.

The Chicago Tribune recently examined the cases of Hobbs and another Illinois man, Kevin Fox, who spent eight months in jail awaiting trial for the murder of his daughter before DNA tests pointed to his innocence. Unlike Fox’s case, however, Hobbs remained in prison for four years after the results came back.

False confessions play a role in more than 25 percent of wrongful convictions overturned through DNA testing. Read more about the Innocence Project recommendations to record all custodial interrogations.

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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 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 7

This week marks the second anniversary of the day Chad Heins (left) walked out of a Florida prison, free at 33 years old for the first time since he was 19. Heins was convicted in 1996 of murdering his sister-in-law Tina Heins. Chad recently moved from Florida to Wisconsin and was staying with his brother Jeremy and Jeremy’s wife, Tina, when Tina was killed in her bedroom

Chad Heins: Two Years Free

This week marks the second anniversary of the day Chad Heins (left) walked out of a Florida prison, free at 33 years old for the first time since he was 19.

Heins was convicted in 1996 of murdering his sister-in-law Tina Heins. Chad recently moved from Florida to Wisconsin and was staying with his brother Jeremy and Jeremy’s wife, Tina, when Tina was killed in her bedroom.

Jeremy, who was in the Navy, was on board his ship the night of the crime. Chad had returned home at 12:30 a.m. that night, two hours before his sister-in-law, and was asleep on the sofa during the crime. He woke up around 5:45 a.m. to find three small fires burning in the living room and kitchen, one on the very sofa where he slept. After putting out the fires and disarming the smoke alarm, he discovered Tina Heins in her bedroom; she had been stabbed 27 times.

Heins immediately became a suspect. During his trial, a forensic analyst testified that DNA testing performed on three hairs collected from the victim's bedroom showed that the hairs came from one person, and that person wasn't Chad or Jeremy Heins. Two jailhouse snitches testified at his trial that Heins had spontaneously confessed his guilt to them, and he was convicted by a jury of first-degree murder and attempted sexual battery on December 20, 1996, and sentenced to life in prison.

In 2001, Heins wrote to the Innocence Project, which took the case with help from the Innocence Project of Florida. In 2003, along with pro bono counsel Robert Beckham of Holland & Knight, the Innocence Project filed a motion for DNA testing on skin cells collected at autopsy from underneath the victim's fingernails. She had defense wounds on her hands, meaning that biological evidence from the attacker could be under her fingernails. The DNA test results showed that male DNA under Tina's fingernails did not come from Chad or Jeremy Heins. Additional testing showed that the profile from the hairs was consistent with the DNA from the fingernails — all belonging to an unknown male.

Attorneys for Heins also learned that a fingerprint had been discovered before trial on the faucet of the blood-stained sink in the Heins' bathroom, where it was undisputed that the perpetrator attempted to clean up after the murder. Although the fingerprint did not match Chad, Jeremy or Tina, prosecutors did not relay this information to the jury.

Heins' conviction was vacated in 2006 based on the DNA evidence, but prosecutors demanded a retrial – further delaying Heins' freedom. The Innocence Project sought DNA testing of semen found at the crime scene. The results showed that the semen came from the same person as the hairs and the cells found under the victim's fingernails. On December 4, 2007, prosecutors dropped the pending charges against Heins and he was freed. Days after his release, Heins moved to Wisconsin to rejoin relatives.

Watch a video interview with Heins and read more about his case in our Know the Cases section.

Other Exoneration Anniversaries This Week:

Dale and Ronnie Mahan, Alabama (Served 11.5 Years, Exonerated 11/30/1998)

Calvin Lee Scott, Oklahoma (Served 20 Years, Exonerated 12/3/03)

Gerald Davis, West Virginia (Served 8 Years, Exonerated 12/4/1995)

Calvin Ollins, Illinois (Served 13,5 Years, Exonerated 12/5/01)

Larry Ollins, Illinois (Served 13,5 Years, Exonerated 12/5/01)

Marcellius Bradford (Served 6.5 Years, Exonerated 12/5/01)

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posted by Justice on Aug 9

Innocence Project Co-Director Barry Scheck and exoneree Jerry Miller spent a half hour onstage at the GEL 2009 conference in New York City.

New Video: Discussing Innocence and Exoneration

Innocence Project Co-Director Barry Scheck and exoneree Jerry Miller spent a half hour onstage at the GEL 2009 conference in New York City. They discussed the stunning details of Miller’s wrongful conviction in 1982 and his adjustment to life since his exoneration in 2007.

Watch the full video here.

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posted by Justice on Jul 15

Innocence Project Co-Director Peter Neufeld writes today in the Tennessean that federal oversight and support for forensic science would vastly improve the justice system in the United States and help prevent wrongful convictions. A National Institute of Forensic Science is a vital step toward strengthening our criminal justice system

New National Institute Would Help Improve Forensic Science

Innocence Project Co-Director Peter Neufeld writes today in the Tennessean that federal oversight and support for forensic science would vastly improve the justice system in the United States and help prevent wrongful convictions.

A National Institute of Forensic Science is a vital step toward strengthening our criminal justice system. When an innocent person is wrongfully convicted, the actual perpetrator remains free to commit additional crimes. That's exactly what happened in Memphis after Clark McMillan was wrongfully convicted – during the 22 years he was in prison before DNA proved his innocence, the actual perpetrator went on to commit several additional rapes.

In the months ahead, Congress will seriously consider how to structure a national institute. U.S. Rep. Bart Gordon, D-Tenn., will play a key role in this as the chairman of the House Committee on Science and Technology.

Read Neufeld’s op-ed here. (The Tennessean, 07/13/09)

Do you want to join the call for federal forensic reform in the U.S.? Visit the Just Science Coalition website to sign the petition for reform and to learn more about the recommendations.

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posted by Justice on Jul 15

As states face budget shortfalls this year, crime labs across the country are feeling the pinch. Cutbacks in lab budgets can lead to layoffs and longer backlogs for DNA testing and other forensic work, and it can compromise case investigations.

Shrinking State Budgets and Crime Labs
As states face budget shortfalls this year, crime labs across the country are feeling the pinch. Cutbacks in lab budgets can lead to layoffs and longer backlogs for DNA testing and other forensic work, and it can compromise case investigations. In some cases, critical forensic testing could be skipped in a case because there aren’t funds to conduct the tests.

The California legislature has proposed cutting the state’s crime lab budget in half, and the Daily Breeze newspaper recently said this will lead to “a less safe state.” The state crime lab may start charging local agencies to conduct forensic tests on evidence collected from crime scenes, and if those agencies don’t have the money for the tests they might not get done.

Federal funds will soon help the Los Angeles Police Department and the L.A. County Sheriff’s Office address backlogs of untested rape kits that compromise public safety – and could potentially lead to overturning wrongful convictions. The Pasadena Star-News wrote this week that money spent on addressing crime lab backlogs is a “wise investment.”

Medical examiners offices around the country are cutting back on autopsy schedules due to budget shortfalls and some critics say the cuts could hamper investigations.

A new law in Mississippi requires that evidence from some crimes be stored, and some local law enforcement agencies are saying they don’t have the capacity to store crime scene evidence and comply with the law. Evidence preservation is vital to overturning wrongful convictions – and locating the real perpetrators of crimes.

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posted by Justice on Mar 22

It was another busy week in the innocence movement – with testimony on forensics before the Senate Judiciary Committee and Mississippi adopting DNA access and evidence preservation laws.

Friday Roundup: Seeking A Clean Slate
It was another busy week in the innocence movement – with testimony on forensics before the Senate Judiciary Committee and Mississippi adopting DNA access and evidence preservation laws. Here are some more stories on wrongful convictions and forensic evidence from around the world in the last few days:

Sean Hodgson was freed this week in England after serving 27 years in prison for a rape and murder DNA now proves he didn’t commit. He petitioned for DNA testing more than a decade ago but was told – falsely – that evidence in his case had been destroyed. Testing on that evidence finally proved his innocence this year.

Two Illinois men who were pardoned in the 1990s after serving years in prison were dealt a setback in court this week. Stanley Howard and Dana Holland were seeking to expunge their records of wrongful convictions, but the Illinois Supreme Court ruled that gubernatorial pardons based on innocence do not automatically clear criminal records. Holland was exonerated by DNA testing in 2003 after serving more than 10 years. Howard was sentenced to death based on a confession he says was coerced through torture. He was cleared based on non-DNA evidence.

The Georgia House of Representatives approved a bill today that would compensate John Jerome White with more than $700,000 for the years he spent in prison for a crime he didn’t commit. The bill still needs to be approved by the Senate and signed by the Governor before White is compensated. Georgia is one of 25 states without a statewide compensation law; but the legislature has passed bills in recent years compensating individuals.

A story on National Public Radio’s Day to Day this week explored the fallibility of eyewitness identification evidence. In a guest post on the Innocence Blog yesterday from Erin Torneo explored the story behind the new book “Picking Cotton” and the ripples of injustice still felt 11 years after a wrongful conviction.

And the Los Angeles Times considers questions raised about fingerprint evidence by the recent National Academy of Sciences report on forensics.

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