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 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.

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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!

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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 28

Two recent Florida exonerees are celebrating their freedom this holiday season after marking too many New Year’s Days behind bars. Jamie Bain was freed December 17 after spending 35 years in Florida prisons for a crime DNA now proves he didn’t commit. He served more time for his wrongful conviction than any other DNA exoneree in U.S

Florida Exonerees Celebrate Freedom

Two recent Florida exonerees are celebrating their freedom this holiday season after marking too many New Year’s Days behind bars.

Jamie Bain was freed December 17 after spending 35 years in Florida prisons for a crime DNA now proves he didn’t commit. He served more time for his wrongful conviction than any other DNA exoneree in U.S. history. He spent Christmas at home this year for the first time in 35 years, and said it was a dream come true.

The entire time he was in prison, Bain said he dreamed he could spend a Christmas with his mother.

“Wishing and hoping I was with her throughout the years, just wishing and hoping,” he said. “Hoping one day I could get out and be with her.”

William Dillon spent his second Christmas at home this year, and a new video documentary and interactive web feature on Florida Today digs into the details of his wrongful conviction. Dillon served 26 years in prison for a 1981 murder he didn’t commit before he was freed last November.

Both Bain and Dillon were exonerated through the work of the Innocence Project of Florida, a member of the Innocence Network.

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posted by Justice on Nov 15

On Tuesday, Texas Senators questioned John Bradley, the new chairman of the state Forensic Science Commission.

Friday Roundup: An Arson Case Keeps the Spotlight

On Tuesday, Texas Senators questioned John Bradley, the new chairman of the state Forensic Science Commission. We reported on the hearing here. Bradley said the commission would eventually continue its investigation into the arson science used to convict Willingham, who was executed in 2004, but warned that the investigation could stretch into 2011. One state Senator said the commission could emerge stronger from the attention it has received through this process.

A column by Rick Casey in the Chronicle questioned whether Bradley, a prosecutor, is the right person to lead an inquiry into scientific practices.

In an editorial yesterday, the Fort Worth Star-Telegram criticized Gov. Rick Perry for refusing to hand over the clemency report in Willingham’s case in response to a Houston Chronicle request. The Chronicle is suing the state for access to the document.

In other news, the Oklahoma Supreme Court ruled this week that Greg Wilhoit, who spent four years on Oklahoma’s death row before he was acquitted on retrial, has a viable legal claim against the state for his wrongful conviction.

An op-ed in the San Jose Mercury News by Kathleen Ridolfi and Maurice Possley of the Northern California Innocence Project points to prosecutorial misconduct’s high cost to taxpayers.

Brian Dugan was sentenced to death in Illinois this week for the murder of a 10-year-old girl in 1983 – a crime for which two innocent men — Rolando Cruz and Alejandro Hernandez – spent 12 years each on death row. Read more and watch a video interview with Cruz.

Lawyers in Wisconsin are seeking a new trial for Reynold Moore, who was convicted in 1995 with five other men for allegedly committing a 1992 murder. A new book about the case – “The Monfils Conspiracy” is available here.

Death row exoneree Kirk Bloodsworth spoke this week at the University of Sioux Falls in South Dakota.

North Carolina exoneree Ronald Cotton and crime victim Jennifer Thompson-Cannino will speak November 18 at Vanderbilt University.

A new searchable Supreme Court database offers information and analysis on the court’s rulings since 1953.

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posted by Justice on Oct 26

Three years ago this week, James Ochoa was exonerated after serving 10 months in prison for a crime he didn't commit. He was freed when the profile of another man in a DNA database matched evidence from the crime for which Ochoa was convicted. Ochoa now lives in Texas with his wife and children and works in sales for a clothing company

James Ochoa: Three Years Free, a New Start in Texas

Three years ago this week, James Ochoa was exonerated after serving 10 months in prison for a crime he didn't commit. He was freed when the profile of another man in a DNA database matched evidence from the crime for which Ochoa was convicted.

Ochoa now lives in Texas with his wife and children and works in sales for a clothing company.

Ochoa became a suspect in a 2005 Buena Park, California, carjacking after a highly questionable eyewitness identification procedure and involvement of a police scent-tracking dog.

After two young men were carjacked, they described the perpetrator to a police officer, who immediately thought of Ochoa, whom he had seen earlier that night nearby. The officer showed the victims a picture of Ochoa from his laptop computer. One victim saw only a picture of Ochoa; the other saw photographs of Ochoa's two friends (who did not resemble the description just taken) first and then Ochoa. Both victims said Ochoa “looked like” the perpetrator.

The car was found in the neighborhood later that night — a B.B. gun used in the crime and a hat worn by the perpetrator were inside. A bloodhound dog named “Trace” was brought to the scene. Trace allegedly followed the scent from a swab from the perpetrator's baseball cap to Ochoa's front door. The use of dog sniffing evidence has come under fire in several states in recent months.

Ochoa was charged with the crime, despite DNA test results that showed one profile on the hat and gun, excluding Ochoa. Against the advice of his attorney, Ochoa accepted a guilty plea in exchange for a two-year sentence, after a judge threatened him with a 25-year sentence if convicted by a jury.

Ten months later, another man was arrested in Los Angeles on unrelated carjacking charges. His DNA profile matched the profile from the hat and gun in Ochoa's case and he confessed to committing the crime. Ochoa was freed after ten months in prison.

Read more about his case – as well as with background on eyewitness misidentification and unvalidated science.

Other exoneree anniversaries this week:

Edward Honaker, Virginia (Served 9.5 years/Exonerated 10/21/94)

Fredric Saecker, Wisconsin (Served 6 years/Exonerated 10/24/96)

Victor Ortiz, New York (Served 11.5 years – exonerated 10/24/96)

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posted by Justice on Oct 6

An editorial in today’s Connecticut Law Tribune calls on the Connecticut Advisory Commission on Wrongful Convictions to end a lull in activity and make recommendations to the state legislature on reforms that can prevent wrongful convictions. The panel is one of eight such commissions around the country, but the Connecticut group — expected to meet quarterly — has met only once since November 2006

Editorial Calls for More Action from Connecticut Innocence Panel
An editorial in today’s Connecticut Law Tribune calls on the Connecticut Advisory Commission on Wrongful Convictions to end a lull in activity and make recommendations to the state legislature on reforms that can prevent wrongful convictions. The panel is one of eight such commissions around the country, but the Connecticut group — expected to meet quarterly — has met only once since November 2006.

Three men have been cleared through DNA testing in Connecticut since 2006: Miguel Roman, James Tillman and Kenneth Ireland. From today’s editorial:

To date, the Advisory Commission on Wrongful Convictions has yet to conduct an in-depth review of any of these cases. Nor has it examined any of the major causes of wrongful conviction or made any recommendations for the reform of practices and procedures necessary to insure that similar miscarriages of justice do not occur. In fact, since its inception in 2003, the commission has not issued a single report.

Read the full editorial here. (Connecticut Law Tribune, 10/05/09)

Learn about the other innocence commissions in the U.S. on our interactive map.

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posted by Justice on Oct 6

Innocence Project client Thomas McGowan (above left) is set to speak about the role of eyewitness misidentification in his wrongful conviction this afternoon at the International Association of Chiefs of Police (IACP) conference in Denver. McGowan will be joined on a panel by the victim in the case for which he was wrongfully convicted, and Mike Corley (above right), the Texas police officer who originally investigated the crime

Police Chiefs and Wrongful Convictions

Innocence Project client Thomas McGowan (above left) is set to speak about the role of eyewitness misidentification in his wrongful conviction this afternoon at the International Association of Chiefs of Police (IACP) conference in Denver. McGowan will be joined on a panel by the victim in the case for which he was wrongfully convicted, and Mike Corley (above right), the Texas police officer who originally investigated the crime.

We wrote about this unique partnership of crime victim, officer and exoneree recently, and the three will tell their stories today at a conference with more than 15,000 law enforcement leaders.

Wrongful convictions are a prominent issue at this year’s IACP conference – Rob Warden, the executive director of the Center on Wrongful Convictions at Northwestern University School of Law – presented Sunday at a panel on the causes of wrongful conviction. He was joined by Center on Wrongful Convictions Legal Director Steven Drizin and former U.S. Attorney Thomas P. Sullivan. Innocence Project Policy Director Stephen Saloom is also attending the conference.

Dallas Morning News reporter Tanya Eiserer is blogging from the conference this week on the DMN Crime Blog.

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posted by Justice on Aug 25

A New Jersey judge said today that he would order police to conduct a thorough search for evidence connected to the case of Stephen Brooks, an Innocence Project client who has been in prison for more than 20 years for a rape he says he didn’t commit.

NJ Judge to Order Evidence Search

A New Jersey judge said today that he would order police to conduct a thorough search for evidence connected to the case of Stephen Brooks, an Innocence Project client who has been in prison for more than 20 years for a rape he says he didn’t commit. Brooks is seeking DNA testing that could prove his innocence.

Prosecutors have repeatedly told Brooks that evidence collected from the crime scene has been lost or destroyed, but the Innocence Project argued at a hearing today in Newark that a thorough search has not been conducted or documented. Judge Jerome St. John agreed to order the search, saying his order was a starting point and that he may order additional evidence searches in the case. The Innocence Project said the development is a good first step.

An editorial in today’s Star Ledger called for the evidence search, and for better evidence handling procedures in New Jersey. “New Jersey law allows a prisoner access to DNA testing whenever that evidence becomes available,” the editorial said. “Until it's located in Brooks' case, his guilt or innocence remains a mystery. That's not just sloppy record keeping, that's sloppy justice.”

Read the full editorial here.

More news coverage:

Associated Press: N.J. judge says search for DNA evidence in Newark man's sex assault case should resume

Read more on Brooks’ case.

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