Innocence Project Bournemouth

posted by Justice on Feb 26

In 1985, Rolando Cruz and Alejandro Hernandez were sentenced to death in Illinois for the murder of a ten-year-old girl. They were convicted based mainly on admissions they allegedly gave to police. Biological evidence didn’t play a role in their trials

The Many Faces of Forensic Science
In 1985, Rolando Cruz and Alejandro Hernandez were sentenced to death in Illinois for the murder of a ten-year-old girl. They were convicted based mainly on admissions they allegedly gave to police. Biological evidence didn’t play a role in their trials. The case was far from over, however, and science would play a central role in the years ahead.

Ten years later, DNA testing helped set the two free. Cruz and Hernandez were exonerated when DNA evidence uncovered by the Medill Innocence Project and the Center on Wrongful Convictions implicated another man, since identified as Brian Dugan, in the crime.

In November of last year, Dugan was convicted of the murder and sentenced to die. A column in today’s Daily Herald examines the case’s 27-year history and considers the number of victims it has left in its wake. The case has also left a fascinating trail of forensic science, from DNA to the emerging practice of functional magnetic resonance imaging brain scans (fMRI, which examines brain activity.

In considering Dugan’s punishment, jurors heard testimony on his mental condition from psychologists and from a neuroscientist who works with fMRI. As Michael Haederle writes in Miller-McCune magazine this week, neuroscientist Kent Kiehl testified that magnetic scans of Dugan’s brain showed the impact of his mental illness and suggested that he didn’t feel emotion like others, possibly disqualifying him for the death penalty. It may have been the first time fMRI was used in a capital sentencing hearing.

Other supporters of fMRI suggest that someday the technique could be used in court as a sort of lie detector. This case and others have spawned questions about whether fMRI should be admitted in a courtroom before the practice has been vetted by an independent agency.

The history of wrongful convictions in the United States is replete with new forms of science, and further research is needed to validate existing and new forensic techniques. A groundbreaking report from the National Academy of Sciences last year found that no forensic discipline other than DNA analysis has been subjected to the kind of rigorous scientific evaluation needed to develop reliable information. Unvalidated and improper forensic testimony can have a devastating impact on a criminal case, misleading jurors and contributing to injustice.

Innocence Project Co-Director Peter Neufeld is speaking about the impact of the NAS report and the need for a federal forensic entity this week at the annual meeting of the American Association of Forensic Scientists’ in Seattle.

Learn more about forensic oversight and call on Congress to create a federal oversight agency.

Tags: , Miscarriage of Justice, legal aid

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: pro bono, law, legal aid

posted by Justice on Feb 22

Gregory Taylor was freed in North Carolina this week after serving 17 years in prison for a evidence shows murder he didn’t commit, and we posted Ted Bradford of Washington to our database as the nation’s 251st DNA exoneree (and the first in Washington state). Their cases underline the need for reforms nationwide to help free the innocent and prevent wrongful convictions.

Friday Roundup: Freedom and Reform, from Coast to Coast
Gregory Taylor was freed in North Carolina this week after serving 17 years in prison for a evidence shows murder he didn’t commit, and we posted Ted Bradford of Washington to our database as the nation’s 251st DNA exoneree (and the first in Washington state). Their cases underline the need for reforms nationwide to help free the innocent and prevent wrongful convictions.

A comprehensive package of reforms with bipartisan support in Ohio has stalled just short of the finish line. Activists across Ohio are sending emails to their representatives this week urging a vote on the bill. If you’re in Ohio, send your letter here. If you’re not, ask your friends in Ohio to take action now.

New York City will begin recording complete interrogations in a pilot project in some precincts. Innocence Project Policy Analyst Rebecca Brown told WNYC that surveys of 238 police departments found that the reform is well received among law enforcement:

“They find that these are airtight confessions that they can use in court,” Brown said. “Nobody will question them. It prevents disputes about how officers conducted themselves. It creates a record of statements made by the suspect. It permits officers to concentrate on the interview rather than being distracted by the note taking.”

A Pennsylvania editorial called for DNA testing in the case of Innocence Project client Scott Oliver.

The Innocence Project of Texas filed a pardon application this week on behalf of Timothy Cole, who died in prison in 1999 while serving time for a rape DNA now shows he didn’t commit.

Rubin “Hurricane” Carter, who served 20 years in New Jersey prisons before he was cleared based on evidence of his innocence, is in Australia this week speaking about issues surrounding wrongful convictions.

Artist Dan Bolick’s portraits of exonerees are on display this month at Penn State University.

There’s plenty of interesting conversation on the Innocence Project’s Facebook page this week — share your views and connect with fellow advocates 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: legal aid, Barrister, injustice

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.

Tags: legal aid, pro bono, Barrister

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.

Tags: Layla D’monte, Innocence Project, Miscarriage of Justice

posted by Justice on Dec 20

A new report released yesterday by the New York Inspector General finds that a major State Police crime lab failed to detect and act upon systematic problems in the handling of evidence and the falsification of test results in hundreds of cases over 15 years. And as signs of misconduct began to appear, the report finds, lab officials hid evidence that the problem was widespread and pinned it on an analyst who had committed suicide in 2008

Report: NY Lab Hid Pattern of Misconduct

A new report released yesterday by the New York Inspector General finds that a major State Police crime lab failed to detect and act upon systematic problems in the handling of evidence and the falsification of test results in hundreds of cases over 15 years. And as signs of misconduct began to appear, the report finds, lab officials hid evidence that the problem was widespread and pinned it on an analyst who had committed suicide in 2008.

“Cutting corners in a crime lab is serious and intolerable,” the state’s inspector general, Joseph Fisch told the New York Times. “Forensic laboratories must adhere to the highest standards of competence, independence and integrity. Anything less undermines public confidence in our criminal justice system.”

The state police superintendent said the agency planned to hire an outside consultant to review forensic tests conducted in the lab. Several analysts whose conduct is questioned in Thursdays report remain in their jobs pending an internal review.

Innocence Project Co-Director Barry Scheck said the New York scandal is another clear sign that forensic reform is needed.

“It is a wake-up call to the forensic community,” said Scheck, director of the Innocence Project and a member of the New York State Commission on Forensic Science, which monitors all the state’s crime labs. “What’s alarming about this report and others that we’ve seen like it is it’s not so much the bad actors, it’s the fact that the system didn’t detect them earlier.”

Read the full story here. (New York Times, 12/18/09)

Download the full report here. (PDF)

Tags: Innocence Project, , law

posted by Justice on Dec 17

As we reported yesterday , Donald Eugene Gates was freed in Arizona after serving nearly three decades behind bars for a Washington, D.C., crime he didn’t commit.

Forensics and the Gates Case
As we reported yesterday, Donald Eugene Gates was freed in Arizona after serving nearly three decades behind bars for a Washington, D.C., crime he didn’t commit. An examination of the forensics behind his wrongful conviction makes a strong case for federal forensic reform to prevent injustices like this in the future.

FBI forensic analyst Michael Malone testified at Gates’ trial in 1982 that hairs found at the scene of the 1981 rape and murder were “microscopically indistinguishable” from Gates’ hairs. His statements vastly overstated the possible conclusions that could be drawn from a hair comparison. Unlike some other forensic disciplines (DNA testing, blood type testing), hair comparison analysis can only reveal potential similarities between specimens, not the statistical likelihood that two specimens might share common characteristics.

Although Malone’s forensic conclusions have been challenged in other cases, and a 1997 Justice Department review discredited his work, no formal review of his convictions has ever been conducted. The Judge who presided over the Gates case recently ordered the U.S. Attorney’s Office to conduct such a review.

Gates joins a growing group of exonerees whose wrongful convictions were caused, at least in part, by unvalidated or improper forensic science. More than 100 people have been exonerated through DNA testing after unvalidated or improper forensic science contributed to their wrongful conviction (flawed analysis of hair was a factor in many of those cases).The National Academy of Sciences has reported a systemic lack of forensic standards and oversight and has proposed the creation of an independent federal agency to oversee the forensic sciences. According to a report released by the National Academy of Sciences earlier this year, microscopic hair analysis is not a valid science.

In response to the groundbreaking NAS report finding serious problems with forensic science nationwide, the Innocence Project recently drafted a proposal for federal legislation to create the a federal Office of Forensic Science Improvement and Support (OFSIS). The office would be established within the Department of Commerce, which would help define the office’s agenda for research. OFSIS would also engage existing government entities to regulate the mandatory accreditation of crime labs and certification of forensic practitioners; support science-based education and training throughout the criminal justice system; provide periodic needs assessments of the forensic system; and oversee compliance. To learn more and sign a petition in support of the agency visit the Just Science Coalition website.

Tags: legal aid, Innocence Project, law

posted by Justice on Dec 17

Yesterday, Michael Marshall was freed in Georgia after spending more than two years behind bars for a crime DNA proves he didn’t commit. He is the 247th person exonerated through DNA testing in the United States, and his case is a troubling example of the failure of many jurisdictions across the country to address the causes of wrongful conviction.

Georgia Man Freed After 2008 Conviction Is Overturned

Yesterday, Michael Marshall was freed in Georgia after spending more than two years behind bars for a crime DNA proves he didn’t commit.

He is the 247th person exonerated through DNA testing in the United States, and his case is a troubling example of the failure of many jurisdictions across the country to address the causes of wrongful conviction. Marshall was convicted based in part in part on an unreliable eyewitness identification procedure, and although DNA testing could have been conducted before his conviction, it was not.

Marshall was homeless in 2007 when a police officer decided he resembled a composite sketch of a perpetrator in a truck theft case. He was identified by a man who saw the perpetrator steal the truck and would eventually plead guilty, receiving a four-year sentence.

Yesterday, Michael Marshall was freed in Georgia after spending more than two years behind bars for a crime DNA proves he didn’t commit.

He is the 247th person exonerated through DNA testing in the United States, and his case is a troubling example of the failure of many jurisdictions across the country to address the causes of wrongful conviction. Marshall was convicted based in part in part on an unreliable eyewitness identification procedure, and although DNA testing could have been conducted before his conviction, it was not.

Marshall was homeless in 2007 when a police officer decided he resembled a composite sketch of a perpetrator in a truck theft case. He was identified by a man who saw the perpetrator steal the truck and would eventually plead guilty, receiving a four-year sentence.

Moments after the crime happened, police officers pursued a man driving the stolen truck. The perpetrator escaped capture, but officers noted that he dropped a T-shirt, cell phone and cell phone case during his flight. These items were collected, and testing obtained this year by the Georgia Innocence Project found the DNA profile of another man on all three items, proving that Marshall was not the perpetrator. A check of the national DNA database found a match to another man, whose name has not been revealed.

Lawyers at the Georgia Innocence Project point to two troubling aspects of Marshall’s conviction. First, the identification procedure was deeply flawed. Marshall was identified in a highly suggestive “show-up” procedure ten days after the crime, in which a victim who witnessed the crime was brought to the location of Marshall’s arrest.

The second issue is the lack of DNA testing before Marshall’s conviction. Although DNA testing was available and widely used in 2007, there is no record that the shirt, phone or phone case were subjected to DNA testing before Marshall’s conviction.

Watch video of Marshall’s release here. (Fox 5 Atlanta)

Read more about Marshall’s case on the Georgia Innocence Project website.

Above, Marshall enjoys his first moments of freedom with Georgia Innocence Project intern Christina Rupp.

Tags: pro bono, Barrister, legal aid

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.

Tags: Layla D’monte, legal aid,