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.”

Tags: , ,

posted by Justice on Dec 7

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

Ten Years Later, a Texas Family Seeks a Posthumous Pardon

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

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

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

The quest for the pardon continues.

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

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

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

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

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

Tags: , ,

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)

Tags: , ,

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: , ,