posted by Justice on Aug 12

For nearly three decades, Calvin Wayne Cunningham sought forensic tests to prove his innocence of the 1979 rape for which he was convicted. Even before DNA profiling was ever used to identify individuals, Cunningham saw forensics as his potential salvation

30 Years Later, DNA Tests Prove Virginia Man Innocent
For nearly three decades, Calvin Wayne Cunningham sought forensic tests to prove his innocence of the 1979 rape for which he was convicted. Even before DNA profiling was ever used to identify individuals, Cunningham saw forensics as his potential salvation.

“If I were able to afford to have my semen analyze with the semen that the doctors suppose to have gotten from the victim, I know it would prove my innocents,” Cunningham wrote to a judge in 1982. “The way technology is today it should be able to be done. Don’t you think?”

This year, he finally got his wish — DNA tests on evidence from the rape prove his innocence and implicate another unknown man as the perpetrator, according to the Mid-Atlantic Innocence Project, which represents Cunningham.
DNA tests were conducted in Cunningham’s case as part of Virginia’s ongoing Old Case Testing Project — an initiative launched in 2006 by former Gov. Mark Warner to examine evidence from convictions between 1973 and 1988 for possible signs of innocence.
The Mid-Atlantic Innocence Project and pro bono lawyers at Wilmer Cutler Pickering Hale and Dorr LLP have filed a writ of actual innocence on Cunningham’s behalf. Prosecutors haven’t responded to the writ yet. Cunningham is currently incarcerated on unrelated nonviolent crimes and is scheduled to remain behind bars until 2012 even if he is exonerated of the rape.

Read more at the Mid-Atlantic Innocence Project’s blog
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posted by Justice on Jun 21

Mark your calendar and get ready to speak up for criminal justice reform next Wednesday, June 23. The Innocence Project will be asking supporters to call Senate leaders on Wednesday, urging them to support the creation of a national criminal justice reform commission. A bill pending in the U.S

June 23: A Day of Action for Criminal Justice Reform
Mark your calendar and get ready to speak up for criminal justice reform next Wednesday, June 23.

The Innocence Project will be asking supporters to call Senate leaders on Wednesday, urging them to support the creation of a national criminal justice reform commission.

A bill pending in the U.S. Senate would form a National Criminal Justice Commission to review and evaluate the country’s sprawling criminal justice system and make recommendations for reform. The bill is sponsored by Virginia Sen. Jim Webb, with more than three dozen co-sponsors from both parties.

The 254 DNA exonerations to date have revealed troubling flaws in our criminal justice system, and the proposed blue-ribbon panel could consider the causes of wrongful convictions and recommend federal measures to address them. And the issues seen in wrongful conviction cases extend throughout the system. From forensic oversight to indigent defense, the commission’s work could lead to reforms that improve public safety and confront the causes of injustice.

Phone numbers and more will be posted here on the morning of June 23 – but sign up for Innocence Project email updates here to get the action alert in your inbox on Wednesday morning.

Let your friends know about next week’s day of action by posting on Facebook and Twitter today.

And read more about the proposed commission below:

Open Congress: S. 714 National Criminal Justice Act

Sen. Jim Webb: National Criminal Justice Commission Act

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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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