Innocence Project Bournemouth

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.

Tags: legal aid, law, Miscarriage of Justice

posted by Justice on Aug 25

Long-time Innocence Project client Ralph Armstrong was cleared in Wisconsin this week after almost three decades in prison. His case is one of the worst examples of prosecutorial misconduct the Innocence Project has ever seen

Friday Roundup: Uncovering Misconduct

Long-time Innocence Project client Ralph Armstrong was cleared in Wisconsin this week after almost three decades in prison. His case is one of the worst examples of prosecutorial misconduct the Innocence Project has ever seen. Here’s more on Armstrong and a roundup of some other news from the week:

Several people discussed the implications of misconduct – and prosecutorial immunity – on Facebook and Twitter after the Armstrong case broke. Join the conversation on facebook and twitter.

CNN’s “Anderson Cooper 360″ continues its series on forensic science tonight at 10 p.m. EST with a report on Dr. Steven Hayne in Mississippi, who has been accused of reaching conclusions that go beyond science to fit what prosecutors need to secure convictions (this story was pushed back by breaking news last night). Read the AC360 blog here.

Reason Magazine reported on the release of Bernard Baran in Massachusetts and asked why the prosecutor in the case has never been investigated or disciplined for his role in the case.

We reported here on the U.S. Supreme Court’s groundbreaking decision in the case of Troy Davis, and Innocence Project Staff Attorney Ezekiel Edwards spoke about the case with DemocracyNow!

The Guardian focused on eyewitness misidentification and the case of William Mills.

Connecticut Innocence Project client Kenneth Ireland was fully cleared this week – he told the Associated Press being freed is like “waking from a coma.”

Two Chicago men freed last month were officially cleared Wednesday when they received certificates of innocence, which entitle them to collect compensation under the state law (about $192,000 after serving 21 years in prison).

Virginia lawmakers voted to compensate Arthur Lee Whitefield and Ohio Gov. Ted Strickland said he supports a bill that would expand prisoner access to DNA testing that can prove innocence.

Tags: legal aid, Miscarriage of Justice, Barrister

posted by Justice on Aug 25

Long-time Innocence Project client Ralph Armstrong was cleared in Wisconsin this week after almost three decades in prison. His case is one of the worst examples of prosecutorial misconduct the Innocence Project has ever seen. Here’s more on Armstrong and a roundup of some other news from the week: Several people discussed the implications of misconduct – and prosecutorial immunity – on Facebook and Twitter after the Armstrong case broke

Friday Roundup: Uncovering Misconduct

Long-time Innocence Project client Ralph Armstrong was cleared in Wisconsin this week after almost three decades in prison. His case is one of the worst examples of prosecutorial misconduct the Innocence Project has ever seen. Here’s more on Armstrong and a roundup of some other news from the week:

Several people discussed the implications of misconduct – and prosecutorial immunity – on Facebook and Twitter after the Armstrong case broke. Join the conversation on facebook and twitter.

CNN’s “Anderson Cooper 360″ continues its series on forensic science tonight at 10 p.m. EST with a report on Dr. Steven Hayne in Mississippi, who has been accused of reaching conclusions that go beyond science to fit what prosecutors need to secure convictions (this story was pushed back by breaking news last night). Read the AC360 blog here.

Reason Magazine reported on the release of Bernard Baran in Massachusetts and asked why the prosecutor in the case has never been investigated or disciplined for his role in the case.

We reported here on the U.S. Supreme Court’s groundbreaking decision in the case of Troy Davis, and Innocence Project Staff Attorney Ezekiel Edwards spoke about the case with DemocracyNow!

The Guardian focused on eyewitness misidentification and the case of William Mills.

Connecticut Innocence Project client Kenneth Ireland was fully cleared this week – he told the Associated Press being freed is like “waking from a coma.”

Two Chicago men freed last month were officially cleared Wednesday when they received certificates of innocence, which entitle them to collect compensation under the state law (about $192,000 after serving 21 years in prison).

Virginia lawmakers voted to compensate Arthur Lee Whitefield and Ohio Gov. Ted Strickland said he supports a bill that would expand prisoner access to DNA testing that can prove innocence.

Tags: Layla D’monte, injustice, pro bono

posted by Justice on Jun 23

In a 5-4 decision last week, the U.S.

A Strong Response to the Supreme Court
In a 5-4 decision last week, the U.S. Supreme Court denied DNA testing access to Innocence Project client William Osborne, ruling that the finality of a conviction is more important than making sure the right person was convicted.

The disagreement from the press and the public was swift and strong. The New York Times called the ruling “appalling.” The Washington Post said “access to DNA evidence should not be based on the luck of the draw.”

The Fort Worth Star-Telegram called the decision a “devastating setback for prisoners.” The Newark (NJ) Star-Ledger added: “In its ruling the court made clear it cares more about procedure than making certain the right person has been convicted.”

Political strategist Robert Creamer wrote today on the Huffington Post that “in the view of the majority of the court, justice and due process are irrelevant.”

U.S. Attorney General Eric Holder issued a statement separating the decision from the interest of fair justice. “Today’s decision is limited: the Court merely spoke about what is constitutional, not what is good policy,” Holder said. “This administration believes that defendants should be permitted access to DNA evidence in a range of circumstances.”

Discussion boards and social networks have been active with discussion of the decision, as well. Several commenters on the Innocence Project Facebook Page expressed dismay with the decision, and hundreds of people have criticized the decision on twitter.

The Innocence Project is now more determined than ever to pass DNA access laws in the three states that lack them (Alaska, Massachusetts and Oklahoma). DNA access statutes in other states, like Alabama and Kentucky, are in desperate need of improvement. Join our call for fair justice today by signing the petition for DNA access.

Tags: legal aid, law, Barrister

posted by Justice on May 16

Innocence Project Co-Director Peter Neufeld testified before Congress this week on the need for federal research, support and oversight to ensure that forensics are based on solid science.

Friday Roundup: Fixing Forensics to Fight Injustice
Innocence Project Co-Director Peter Neufeld testified before Congress this week on the need for federal research, support and oversight to ensure that forensics are based on solid science. Watch a video of the committee hearing or download Neufeld’s testimony here.

Your voice can help bring about forensic reform in the U.S. – sign the new petition calling for the creation of a National Institute of Forensic Science and explore the new Just Science Coalition website.

A new story from Reason Magazine examines the role of unreliable bite mark evidence in the wrongful conviction of Ray Krone in Arizona and reports on a failed “proficiency test” by Mississippi bite mark examiner Michael West.

An op-ed in the Dallas Morning News this week gave us a glimpse into the thoughts of former prosecutor James Fry as he considers his role in the wrongful conviction of Charles Chatman. The experience of seeing Chatman freed, Fry writes, has left him with a resolve to see the system fixed before more innocent people are wrongfully convicted.

A TV news report in Pittsburgh investigated the reliability of eyewitness identification evidence by joining a Duquesne University class for an unusual experiment.

And a British production company announced this week that it is beginning work on a documentary film about the wrongful conviction and exoneration of Nick Yarris, who served 21.5 years on Pennsylvania's death row before DNA proved him innocent.

Tags: Miscarriage of Justice, law, Innocence Project

posted by Justice on May 16

Three years ago tomorrow, Doug Warney was freed from a New York prison after serving nine years for a murder he didn’t commit. Warney, who has a history of mental health issues, was convicted based in part on a false confession he allegedly made after 12 hours of questioning. About 25% of wrongful convictions overturned by DNA testing nationwide have involved false confessions or admissions.

Three Years of Freedom
Three years ago tomorrow, Doug Warney was freed from a New York prison after serving nine years for a murder he didn’t commit. Warney, who has a history of mental health issues, was convicted based in part on a false confession he allegedly made after 12 hours of questioning. About 25% of wrongful convictions overturned by DNA testing nationwide have involved false confessions or admissions.

At the time of Warney’s exoneration in 2006, Innocence Project Co-Director Peter Neufeld said it should lead law enforcement agencies across the state to begin recording interrogations. Three years later, although many individual agencies in the state have begun to record interrogations, New York is still one of 36 states with no law requiring recordings.

“These DNA results don’t just show that Doug Warney is innocent – they reveal criminal conduct on the part of at least two Rochester police officers, and they demonstrate tunnel vision on the part of police and prosecutors who ignored compelling evidence that the confession was bogus,” said Peter Neufeld, Co-Director of the Innocence Project. “This case should be a clarion call for every law enforcement agency in the state to begin recording police interrogations for serious crimes.”

Earlier this month, the chief judge of New York’s highest court said he would create a new permanent task force to examine causes of wrongful convictions – like false confessions – and recommend reforms to prevent wrongful convictions like Warney’s.

Neufeld said this task force could be a driving force to finally bring about changes like recorded interrogations in New York, but that it is also critical that the state legislature take action.

“While this is a major step forward, it is one piece of the whole. There are major systemic weaknesses demanding immediate action, and we will continue working with the Governor, Attorney General and Legislature to advance critical reforms in this legislative session that can prevent wrongful convictions. The task force Judge Lippman is creating does not supplant other efforts – it complements them and makes them even more critical.”

Other Exoneration Anniversaries This Week:

Sunday: Neil Miller, Massachusetts (Served 9.5 Years, Exonerated 5/1/0/2000)

Monday: Curtis McCarty, Oklahoma (Served 21 Years, Exonerated 5/11/2007)

Thursday: Josiah Sutton, Texas (Served 4.5 Years, Exonerated 5/14/04)

Tags: Miscarriage of Justice, legal aid, Barrister

posted by Justice on Mar 19

Eight years ago today, Kenneth Waters walked out of a Massachusetts prison a free man after serving 18 years for a crime he didn’t commit.

Eight Years Later, an Exoneration Case Approaches the Spotlight
Eight years ago today, Kenneth Waters walked out of a Massachusetts prison a free man after serving 18 years for a crime he didn’t commit. He was wrongfully convicted in 1983 based in part on false testimony from informants. Although fingerprints collected from the victim’s house did not match Waters, police did not share this information with prosecutors or defense attorneys. Waters was sentenced to life in prison and would serve nearly two decades before DNA proved his innocence. Sadly, he died in an accident just six months after his release.

It has been eight years since Waters was freed, but his case is about to get a new wave of attention. A film about his wrongful conviction and his sister Betty Anne Waters’ fight to free him is currently in production. Starring two-time Academy Award winner Hilary Swank as Betty Anne, the film will tell the incredible story of her struggle and dedication to free her wrongfully imprisoned brother.

After Kenneth lost all of his appeals, Betty Anne, a single mother of two, decided to take action. Convinced of her brother’s innocence and desperate to challenge the conviction, she began what would be a 12-year process of putting herself through college and law school. In 1998, she graduated from the Roger Williams University School of Law and began to work tirelessly on her brother’s case. By the time she contacted the Innocence Project, she had already located the biological evidence and was trying to have it subjected to DNA testing. Finally, the Innocence Project helped secure DNA testing that conclusively excluded Waters as the perpetrator and he was freed in 2001.

The movie, which has just begun shooting in Ann Arbor, Michigan, will be directed by Tony Goldwyn. Other cast members include Sam Rockwell, who will play Kenneth Waters, Minnie Driver, Juliette Lewis, Melissa Leo and Peter Gallagher.

Other anniversaries this week:

Tuesday: Arthur Mumphrey, Texas (Served 17 years, exonerated 3/17/06)

Wednesday: Wiley Fountain, Texas (Served 16 years, Exonerated 3/18/03)

Thursday: Edward Green, District of Columbia (Served 1 year, Exonerated 3/19/90)

Julius Ruffin, Virginia (Served 20 years, Exonerated 3/19/03)

Tags: Innocence Project, legal, injustice

posted by Justice on Mar 19

It’s been a good week for DNA testing access. Yesterday, Mississippi Gov. Haley Barbour signed a new law granting DNA testing access to prisoners when it can definitively prove innocence or guilt.

Four to Go

It’s been a good week for DNA testing access. Yesterday, Mississippi Gov. Haley Barbour signed a new law granting DNA testing access to prisoners when it can definitively prove innocence or guilt. Mississippi’s law comes on the heels of the new DNA access law passed last week in South Dakota. When the Innocence Project started doing this work 15 years ago, not a single state had a DNA testing access law. Now there are just four states to go: Alabama, Alaska, Massachusetts and Oklahoma.

The Mississippi law also requires that law enforcement agencies preserve biological evidence collected as long as a case is unsolved or a convicted defendant is under state supervision in connection with the case. About half of the states now have laws requiring evidence preservation.

Click here for more on these two landmark laws, and for an interactive map on the reforms in place in your state.

Tags: Innocence Project, law, Layla D’monte