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)

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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

It was a big week for freedom. On Wednesday, Kenneth Ireland was freed in Connecticut. On Thursday, three Virginia men were pardoned, and today Innocence Project client Ernest Sonnier walked out of a Texas courtroom a free man for the first time in 23 years.

Friday Roundup: A Big Week
It was a big week for freedom. On Wednesday, Kenneth Ireland was freed in Connecticut. On Thursday, three Virginia men were pardoned, and today Innocence Project client Ernest Sonnier walked out of a Texas courtroom a free man for the first time in 23 years.

The three sailors pardoned yesterday in the Norfolk Four case were also freed from prison today.

Time Magazine and CNN investigated the questionable science behind dog scent evidence, and Florida exoneree Bill Dillon discussed the role of a police dog in his wrongful conviction on Detroit’s WCSX radio.

A new interview with Anthony Steel surfaced on the web this week, two years after his death. Steel spent spent more than two decades in a British prison for murder before evidence of his innocence led to his release. He never spoke publicly about the case while alive.

The Detroit Metro Times ran a feature this week on Deshawn and Marvin Reed, who were freed from prison after eight years with the help of the new University of Michigan Innocence Clinic.

A hearing is set for Monday for a judge to review DNA test results in the case of Tommy Arthur, who is on Alabama’s death row for a crime he says he didn’t commit.

Innocence Project Policy Director Stephen Saloom spoke with the Arkansas Democrat-Gazette about the need for improvements in evidence handling and preservation.

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posted by Justice on Apr 13

Today in Virginia, Innocence Project Co-Directors Peter Neufeld and Barry Scheck will be awarded the prestigious Thomas Jefferson Medal from the University of Virginia for their decades of service to public interest law and the impact of their work on the criminal justice system. They will discuss “innocence, science and due process” at the law school in Charlottesville, Virginia, at 4:15 p.m. ET

Events This Week in New York and Virginia
Today in Virginia, Innocence Project Co-Directors Peter Neufeld and Barry Scheck will be awarded the prestigious Thomas Jefferson Medal from the University of Virginia for their decades of service to public interest law and the impact of their work on the criminal justice system. They will discuss “innocence, science and due process” at the law school in Charlottesville, Virginia, at 4:15 p.m. ET. The event is free and open to the public. Get directions here.

And at noon this Thursday, April 16, Innocence Project Staff Attorney Vanessa Potkin and exoneree Alan Newton will speak at New York University in New York City. They will discuss Newton’s case, proposed reforms to prevent wrongful convictions and Newton’s new organization to support the exonerated after release.

Alan Newton was imprisoned for 21 years in New York. His repeated requests over many years for DNA testing on biological evidence from his case were denied because the evidence was not located and believed to have been destroyed. When Newton became a client of the Innocence Project, the involvement and the persistence of the chief prosecutor of sex crimes in the Bronx, Elisa Koenderman, resulted in a successful search for the rape kit. DNA testing in 2006 showed that Alan Newton was not the rapist. He was released and exonerated of the rape, assault and robbery charges against him.

Since his release, Alan completed his bachelor’s degree and is now planning to attend law school. He is a co-founder of A.F.T.E.R. , Advocates for Freedom, Transformation, and Exoneree Rights, Inc., which provides services and a support network for exonerees.

Join them this Thursday, April 16th, from 12-2 p.m. in Kimmel 905 at New York University. To RSVP for the event, please email Bindi Patel at bindi.patel@nyu.edu today.

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