Friday’s Quick Clicks…

Justice for Sale at the Highest Level?

Lobbyists Pursue State Attorneys General

From an October 28, 2014 NY Times story:

“Attorneys general are now the object of aggressive pursuit by lobbyists and lawyers who use campaign contributions, personal appeals at lavish corporate-sponsored conferences and other means to push them to drop investigations, change policies, negotiate favorable settlements or pressure federal regulators.”

See the NY Times article here.

This is yet another reason why ‘prosecutor’ should not be an elected political position.  It exposes the position to a host of pernicious incentives.

Blacks must wait longer to be exonerated, study shows

From The Huffington Post:

By Michael McLaughlin

It took 18 years for DNA evidence to surface that cleared Derrick Williams of a rape and attempted kidnapping in Florida. Prosecutors had relied on the testimony of the victim, who identified Williams as her attacker in 1992. But he walked free at age 48 in 2011 because his DNA didn’t match that left on a gray T-shirt by the actual perpetrator.

The truth might have surfaced sooner if Williams were white or Latino instead of African-American.

There’s no way to know for sure, of course, but data about wrongful convictions show that blacks who are exonerated after a bogus conviction have served 12.68 years on average before the good news, according to Pamela Perez, professor of biostatistics at Loma Linda University. It takes just 9.4 years for whites and 7.87 for Latinos.

“Black Americans are exonerated at a substantially slower rate than any other race,” said a new report from Perez, shown exclusively to The Huffington Post.

There’s enough of a pattern that the differences between racial groups cannot be called random, Perez said. But there isn’t enough information to explain what caused the differences.

“All we can do is infer,” Perez told HuffPost. “You can’t prove a darn thing.”

She discovered the different timespans by examining 1,450 exonerations listed on theNational Registry of Exonerations through Oct. 20, 2014. Perez conducted the research for Safer-America.com, a consumer research group.

The findings are based on what is probably only a fraction of all exonerations. There are likely cases that didn’t make it onto the national registry, and there are almost certainly more wrongly convicted people still waiting to clear their names.

The registry didn’t collaborate with Perez, but one of its researchers reviewed Perez’s work at HuffPost’s request and approved of her methodology.

“I’m not surprised by the numbers,” said Sam Gross, the exoneration registry’s editor and a University of Michigan law professor. “The main thing we can say is that it’s very hard to know what it means.”

Perez, Gross and others cautioned against jumping to conclusions about the findings. Without further research, they said, no one knows if the results were caused by a biased criminal justice system or other factors.

The Innocence Project looked at a smaller set of 212 cases in which DNA proof freed their clients. (The national registry includes exonerations due to other contributing factors like false confessions and perjury.) The project found a similar racial disparity, with black inmates serving 14.3 years before being exonerated compared to 12.2 years for all other racial groups.

“These two numbers are statistically different, suggesting that the difference between them isn’t due to chance,” Innocence Project research analyst Vanessa Meterko told HuffPost. “It’s notable, but it’s hard to say what the difference is.”

Jennifer Thompson Promotes the Justice for All Act

Jennifer Thompson has been featured on the WCB before.  She authored, along with Ronald Cotton, the book Picking Cotton.  Ms. Thompson incorrectly identified Ronald Cotton as the man who raped her, and Cotton spent 11 years in prison before DNA proved he was not guilty.  After his release, Ronald and Jennifer became friends, and co-authored the book, which chronicles the events of the rape and the wrongful conviction.

Ms. Thompson has recently written an op-ed for The Hill in support of reauthorization of the Justice for All Act to ensure that post-conviction DNA testing remains accessible.

See the original posting on The Hill here.  The text of her piece appears below:

October 26, 2014
Harm multiplies when the innocent are wrongly convicted
By Jennifer Thompson

In June of 1995, I found myself on a journey I never wanted, never asked for and never would have wished on another human being. I learned that the man whom I had identified in court as my rapist – the man whose face, breath and evilness I had dreamt about for 11 years – was innocent. The man whom I believed had destroyed me that night, who had stolen everything from me, and whom I hated with an all-consuming rage had lost 4000 days, eleven Christmases, eleven birthdays, and relationships with loved ones. And on June 30th of 1995, Ronald Cotton, the man I had hated and prayed for to die, walked out of prison a free and innocent man.

My rage and hatred had been misplaced. I was wrong. I had sent an innocent man to prison. A third of his life was over, and the shame, guilt and fear began to suffocate me. I had let down everyone — the police department, the district attorney’s office, the community, the other women who became victims of Bobby Poole, and especially Ronald Cotton and his family.

Several years after Ronald was freed, I received a phone call from Bobby Poole’s last victim. I remember hearing her story about what happened to her and realizing that we all had left him on the streets to commit further crimes – rapes — that we possibly could have prevented if Ronald had not been locked up for something he had never done. The knowledge that Mr. Poole had been left at liberty to hurt other women paralyzed me and sent me into a backward spiral that took years to recover from. This journey has taught me that the impact of wrongful convictions goes so much further than a victim and the wrongfully convicted. The pool of victims from 1984 was huge – me, Ron, the police department, our families, and the other women who became victims of Bobby Poole all suffered.

This case crystalized for me why it is so important to have laws in place that protect the innocent. Those laws would be important enough if they only protected the innocent, but they do so much more. They also protect the potential victims of real perpetrators, the families and children of the wrongfully convicted person, and – ultimately – the victim who learns the truth.

The Justice for All Act, which is up for reauthorization by Congress, allows men like Ronald to obtain post-conviction DNA testing that can lead to their freedom and to the conviction of the guilty. Without access to such testing, innocent men will remain in prison, real perpetrators will remain free, and new victims will have to experience the same horrors and indignities that I did. I urge Congress to pass the Justice For All Act now so that we can live in a world where the truly guilty are behind bars and the innocent are free.

Thompson is the co-author with Ronald Cotton of the book Picking Cotton, a memoir they wrote together after DNA testing proved that Cotton had been wrongly convicted of raping Thompson as a college student.

Tuesday’s Quick Clicks…

Ohio Innocence Project’s 10 year anniversary Gala Video….

The Ohio Innocence Project had its 10 year anniversary gala last night at the Hyatt in Cincinnati.   With nearly 400 people in attendance, with sponsorships it raised about $175,000.    Here is a video showing the 10 year history of the OIP, with the 17 innocent people freed….

Progress on the Road to Valid, Reliable Forensics

NASNCFS

The National Academy of Sciences of the United States published it’s Congressionally commissioned report,  “Strengthening Forensic Science in the United States – A Path Forward,” in 2009.  This was in response to the realization that a lot of what goes on in forensics can be called “junk science.” That is, much of it is not scientifically proven, is not statistically valid, is not reliable, and is very subject to the biases of individual examiners. We have featured the NAS report previously on this blog here, here, and here.

Not surprisingly, the NAS report was met with “stonewall” and dismissive resistance from the extant forensics community, as well as the National Association of District Attorneys.  However, the report succeeded in bringing forensics under the scrutiny of scientific discipline, and made the public aware of its many shortcomings and failings.  Subsequently, it was announced in 2013 that the US Department of Justice and the National Institute of Standards and Technology (NIST) would jointly form the National Commission on Forensic Science to provide guidelines and recommendations for the conduct and use of forensic technology.  The first meeting of the Commission was in February, 2014.

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