Irish Court of Criminal Appeal declares that Martin Conmey’s conviction was miscarriage of justice

Today, the Irish Court of Criminal Appeal declared that the 1972 conviction of Martin Conmey for manslaughter was a miscarriage of justice. Conmey had been acquitted in 2010 but has served three years in jail. Read more about this case in the Irish Times’ write-up here. The Irish Times reports that the Court’s miscarriage of justice decision was based on the fact that Conmey had been convicted for his involvement in a joint enterprise, but there was no incriminating evidence against him about this. It found that three original statements of other parties “were suppressed by a person unknown, but connected with the prosecution”. Conmey’s lawyers will be lodging a claim for compensation.

Tuesday’s Quick Clicks…

Crime Fiction: Did the Chicago police coerce witnesses into pinpointing the wrong man for murder?

From The New Yorker:

BY 

At around two-thirty in the afternoon on May 8, 1993, Marshall Morgan left his mother’s house, on the South Side of Chicago, and drove off in her light-blue Chevrolet Cavalier. Morgan was borrowing the car and, in return, had agreed to get it washed. It was a warm day, and he wore denim shorts, a black-and-white pin-striped shirt, and black sneakers. After he got the car cleaned, he planned to return home and spruce himself up: he had a date with his girlfriend that night.

Morgan was a twenty-year-old sophomore at the Illinois Institute of Technology, where he played point guard on the basketball team. The season had just ended, and he had performed notably well, averaging eighteen points and three steals a game; he had been the runner-up for the Chicagoland Collegiate Athletic Conference’s most-valuable-player award. His coach, Ed McQuillan, told me recently that Morgan was a “great kid” and a complete player, who was “quicker than hell, great on defense—he could shoot long, and he could drive and penetrate.”

Continue reading…..

 

 

Fire Science and SBS? Yes – The Child Abuse Experts Can Learn From This

Sue Luttner, editor of the blog OnSBS, has posted an article that points out the parallels between “old” and discredited arson science and the situation with child abuse experts who are stuck in a paradigm paralysis regarding shaken baby syndrome (SBS).

‘Hats off’ to Sue, because the parallels had never struck me before, but they are incredibly close.

Please see Sue’s article here.

First-of-its-kind Exoneration Expected in Dallas

Michael Phillips, an African American man falsely convicted of sexual assault, told everyone he was innocent, but after his attorney advised that he would be better off pleading guilty than risking conviction at trial, and after he then served out his 12-year prison term, he never thought his name would be cleared. However, on July 25, 2014, at 9 a.m. Mr. Phillips, 57, in a wheel chair due to sickle cell anemia, is expected to be exonerated in Criminal District Court 3 at the Frank Crowley Courts Building in Dallas, Texas.

Dallas County District Attorney Craig Watkins’ ongoing initiative to review untested rape kits revealed that Michael Phillips was innocent. According to the National Registry of Exonerations, this is the first time in the United States an exoneration of this nature has occurred…as a result of a district attorney’s systematic testing without active request by a defendant. Continue reading

Is ‘Innocence’ work over in the UK?

For some time, the news emanating from the UK has been getting worse with regard to the potential for miscarriages of justice, with law reforms diminishing legal protections for suspects and the almost total withdrawal of legal aid for the vast majority (nevermind the current moral panic of historic child sexual abuse which is swelling the prison population). This also comes at a time when changes to the rules on who can receive compensation for miscarriages of justice have also been ‘tightened’ to the point where barely anyone will qualify. I have blogged about many of the bad news stories coming out of the UK – including forensic science mishaps and police corruption seemingly continuing unabated regardless of new regulators or complaints bodies.Justice statue

Despite what one could view as the growing IMPORTANCE therefore of ‘innocence’ work in the UK, it looks as if things may be heading in the opposite direction. Following years of expansion with Innocence Projects being set up in universities across the country, it appears that these are now being encouraged to close. There are a host of reasons why Innocence Projects in the UK may be under threat (not least their position within univerisities whose priorites narrow ever further every day toward simply profit-making and rising up league tables.) They do not operate as a mirror to those in the US and internationally, largely because of the existence of the Criminal Cases Review Commission. However, their work is still invaluable. When I was Director of the University of Leeds Innocence Project, we received hundreds of letters (which still arrive weekly if not daily), reviewed dozens of cases, and assisted many prisoners. It also educated many students in the causes of, and remedies for, miscarriages of justice.  It gave many law students a passion for criminal legal aid work – where there is no money to be made and certainly no glory.

So – to read the announcement on the INUK website is all the more shocking. (see here… INUK – New Beginnings ). Where innocence work in the UK needs innovation, inspiration and support, it is being told that the day has come to pack our bags and go home. My thoughts are not only with those of us (staff and students alike) who have worked many years to get innocence taken seriously again in the UK, but those prisoners now who will be back at square one, with nowhere to turn yet again. How an ‘innocence network’ can survive, nevermind have any impact, with only one member, will remain to be seen.

Are the FBI’s flawed hair matches wrong only when DNA proves it?

Kevin Martin’s exoneration in Washington, D.C., this week, as reported here, proved once again that FBI hair analysis is flawed and inaccurate. Martin was the fifth person to have his conviction overturned because of inaccurate hair analysis by FBI agents. That bodes well for others convicted on such evidence where, as in Martin’s case, biological evidence still exists that can be subjected to DNA testing.

But what about those cases in which there is no evidence to test? Will prosecutors still defend cases that were greatly based on FBI hair comparisons even after the FBI conceded in 2013 that microscopic hair analysis was not based on sound science?

The Massachusetts case of George Perrot is a good example of a case with great merit despite the lack of DNA. Perrot has been incarcerated for almost 29 years for a 1985 rape of elderly woman in Springfield greatly because of the testimony of an FBI agent that a single hair found on the victim’s bed matched a known sample of Perrot’s hair.

Perrot, who was only 17 at the time, has insisted on his innocence ever since his arrest. In 2001, his conviction was overturned because of numerous prosecutorial errors, but the conviction was reinstated by a higher court because of the supposed strength of the microscopic hair evidence used against him.

Never mind that the rape didn’t occur on the bed where the hair was found. Never mind that the victim repeatedly refused to identify Perrot as the rapist because, she stated, the rapist was clean-shaven and had short hair and Perrot had shaggy hair and a beard. Never mind that the series of rapes of elderly women in which Perrot was the purported perpetrator continued after his arrest. The hair “match,” the court said, was more important.

In a motion filed earlier this month, Perrot’s pro bono attorneys from the Ropes & Gray law firm, argue that the FBI’s acknowledgment that its examiners provided scientifically unsupported testimony justifies a new trial for Perrot.

Unfortunately, the attorneys could not locate the biological evidence in the case for DNA testing to bolster Perrot’s innocence claim the way Kevin Martin’s attorneys were able to. There are dozens of people like Perrot out there convicted with hair-comparison testimony who can’t use DNA testing to prove the testimony wrong.

That doesn’t make them any less innocent, but prosecutors and the courts may not see it that way. Of the 106 convictions in the 1980s and 1990s in the District of Columbia that included an FBI hair match that have thus far been reviewed, prosecutors said only Martin’s supported a “viable” claim for innocence. If it hadn’t been for DNA, Martin’s claim probably wouldn’t have viewed as viable at all.