Author Archives: Nancy Petro

West Virginia Supreme Court Rules that Brady Requirement Applies to Plea Negotiations

From the West Virginia Supreme Court’s ruling released Tuesday, November 10, 2015:

“This Court is presented with a situation in which a defendant repeatedly requested the results of DNA testing; was incorrectly informed that such testing was not yet complete; and was presented with a time-limited plea offer that he accepted upon advice of counsel. We find that the DNA results were favorable, suppressed, and material to the defense. Thus, the Petitioner’s due process rights, as enunciated in Brady, were violated by the State’s suppression of that exculpatory evidence.”

Further, “…This Court…remands this matter for an order granting habeas relief and permitting the Petitioner to withdraw his guilty plea.”

The West Virginia Supreme Court’s unanimous ruling in Buffey v. Ballard, reversing the June 3, 2014, order of the Circuit Court of Harrison County, enables Joseph A. Buffey to withdraw his 2002 guilty plea in the case of the rape of an 83-year-old woman and requires the prosecutor to either retry the case or Continue reading

Montana Innocence Project Mourns Loss of Talented Investigator and Friend

Spencer Veysey, 26, a tireless investigator for the Montana Innocence Project tragically died October 2, 2015, while mountain climbing on the east face of Longs Peak in Rocky Mountain National Park, northwest of Boulder, Colorado. A 2012 graduate of the University of Montana School of Journalism, he was one of four full-time employees of the Montana Innocence Project.

Veysey was a student intern and volunteer the past three years and became the first full-time investigator for the Montana Innocence Project. He worked long hours to uncover truth for the Project’s clients. He had evaluated and investigated many cases and had testified at trial. Veysey was described by Larry Mansch, legal director of the Project, as having a “wealth of knowledge” that he said was “truly irreplaceable.”

Our condolences to Spencer Veysey’s family, friends, and Montana Innocence Project colleagues.

Read more here: (Missoulian) and (Ames Tribune).

Texas Judge Frees Steven Mark Chaney, Convicted of Murder by Junk Science

State District Judge Dominique Collins ordered the release from prison of Steven Mark Chaney yesterday after he had served more than a quarter of a century behind bars. He was convicted of the 1987 murders of an East Dallas couple, John and Sally Sweet. Nine witnesses testified to support Chaney’s alibi. Yet he was convicted by bite-mark junk science.

This case — and widespread official recognition of the unreliability of this type of forensic evidence — should prompt new consideration of all cases in which bite-mark testimony contributed to the conviction.

Chaney’s release yesterday was supported by Dallas County District Attorney Susan Hawk, his New York based Innocence Project Attorney Julie Lesser, and the Dallas County Public Defender’s Office. They all recognize that Chaney did not receive a fair trial.

As reported in The Guardian, Chaney will remain free while the Texas Court of Criminal Appeals reviews the case. His attorneys believe he will be exonerated… Continue reading

Jarrett Adams: From Wrongfully Imprisoned to a Clerk Fellowship at the 7th Circuit Court of Appeals

On August 10, 2012, this blog published an article entitled “Update on Wisconsin Innocence Project’s Case: The Rape that Wasn’t.” It was the story of Jarrett Adams. In 1998 when he was 17 years old, Adams was accused of sexual assault and convicted after his court-appointed lawyer advised him to take a “no-defense strategy.”

A key witness who would likely have prevented Adams’ conviction never was called to testify. Adams was convicted and sentenced to 20 years in prison, a sentence that was immediately increased to 28 years when he told the judge he was innocent. Continue reading

Rape Conviction Vacated with Support of Prosecutor

Quentin Carter, 40, maintained his innocence throughout nearly 17 years in prison following his conviction of the 1991 rape of a 10-year old child. He was likely denied parole numerous times because he would not express remorse for a crime he didn’t commit.

Carter was 16 when convicted. He was released in 2008 but was registered as a sex offender with all the restrictions this designation carries.

Kent County (MI) Prosecutor William Forsyth was instrumental in vacating Carter’s wrongful conviction, which occurred by order of a judge last Thursday. Continue reading

1,600 U.S. Exonerations Highlight Unacceptable Error in Criminal Justice

The National Registry of Exonerations has announced a chilling milestone, the 1,600th known exoneration in the United States since 1989. The tally of persons known to have been convicted of crimes they did not commit has grown rapidly from the Registry’s launch three years ago. The 1600th exoneration, that of Michael McAlister, occurred last week.

Maurice Possley’s Registry report on Michael McAlister (here) provides the telling details — case unique and yet familiar — of a tragic miscarriage. Police and prosecutors would come to doubt McAlister’s guilt and subsequently joined a long effort to correct this stubborn error. Continue reading

New Research Elevates Concerns over Snitch Testimony

Testimony from jailhouse informants has been a known factor in wrongful convictions, and new data indicates the use of this risky evidence has been more frequent in the worst crimes, according to the May 2015  report of The National Registry of Exonerations. While snitch testimony has been a factor in 8% of exonerations across all crimes, it has been a contributor to wrongful conviction in 15% of murder exonerations and in 23% of death penalty exonerations.

Snitch testimony is compelling to a jury but often unreliable because it can be compromised by incentives for the informant to lie. A factor in 119 of 1,567 known exonerations (tallied from 1989 up to March 17, 2015), the new data reveals the risk not only of convicting the innocent but also of enabling the guilty to escape justice and continue perpetrating the most heinous of crimes. An accompanying consideration: Jailed snitches have been compensated for their testimony with reduced sentences, another risky practice.

Access The National Registry of Exonerations May newsletter (here).

Death Row Inmate Anthony Ray Hinton Freed after 30 Years in Alabama Prison

Yesterday, April 3, 2015, Anthony Ray Hinton, 58, emerged from a Jefferson County Jail (AL) after serving thirty years on death row for crimes he didn’t commit. Equal Justice Initiative (EJI) Executive Director Bryan Stevenson, author of the national bestseller “Just Mercy – A Story of Justice and Redemption,” had represented Hinton for the past 16 years.

One could make a strong argument that Hinton should never have been indicted for two 1985 murders at Alabama fast-food restaurants. The evidence presented against Hinton, who had no history of violent crime and who always proclaimed his innocence, was scanty. Perhaps even worse, when authorities — prosecutors Continue reading

Juan Rivera to receive $20 million for 20 years of wrongful imprisonment

Juan Rivera, 42, who endured three trials and twenty years of wrongful imprisonment before being exonerated of a vicious crime, has reached a $20 million settlement agreement with Lake County (IL) authorities. His $1 million award for each year in prison will enable him to pursue his education and assist his family, but, as reported in the Chicago Sun-Times (here), Rivera said, “I still would prefer my 20 years back [over] the $20 million.”

The settlement cost will be shared by the county and several municipalities that contributed police work in the investigation of the brutal crime. The largest amount will be paid by the city of Waukegan where the crime occurred.

Rivera was convicted of the 1992 rape and murder of 11-year-old Holly Staker. His conviction was based primarily on a confession that occurred over four days Continue reading

$9.2 Million Awarded in Wrongful Conviction that Underscores FBI Forensic Problems

February 28, 2015 – Yesterday Washington D.C. Superior Court Judge Neal E. Kravitz ordered $9.2 million be paid by the District to Kirk L. Odom, 52, in compensation for more than 21 years of imprisonment after he was wrongfully convicted of a 1981 Capital Hill rape and burglary. The Washington Post reported (here) that “Odom is one of five D.C. men convicted of rape or murder whose charges have been vacated since 2009 because they were based on erroneous forensics and testimony by an elite unit of FBI hair experts.”

In his District-record award, the judge provided one formula for calculating compensation damages: $1,000 per day for wrongful incarceration, $250 per day for parole time and $200 for each day between his exoneration and trial. The article noted that Judge Kravitz’s opinion comes “as courts are coming to terms Continue reading

Christopher Abernathy Exonerated and Freed after 30 Years in Prison

Christopher Abernathy, 48, was released from prison on Wednesday after Cook County (IL) Judge Frank Zelezinski vacated his 1987 conviction for a rape and murder Cook County (IL) officials now acknowledge he did not commit. Abernathy had served nearly 30 years of a life sentence for the crime.

Cook County State’s Attorney Anita Alvarez’s Conviction Integrity Unit reviewed DNA evidence from the crime, presented by Abernathy’s attorneys, which Continue reading

Connecticut Awards $6 Million to Wrongfully Convicted Man Now Serving On Parole Board

The state of Connecticut is awarding Kenneth Ireland $6 million after he was wrongfully convicted and served 21 years in prison for the 1986 rape and murder of Barbara Pelkey, a young mother of four.

According to the New Haven Register (here), effective immediately, Ireland will receive “$2.5 million for loss of liberty and enjoyment of life; $1.5 million for loss of earnings and earning capacity; $300,000 for loss of reputation; $1.5 million for physical and mental injuries; and $200,000 for costs and expenses.”

As reported by Phil Locke on this blog (here), this is the state’s first award by the Continue reading

National Registry of Exonerations: 2014 was Record-breaking with 125 Exonerations in U.S.

For the first time, more than 100 exonerations were recorded in the United States in one year. According to The National Registry of Exonerations Report for 2014, 125 exonerations of innocent criminal defendants mark an increase of 34 over the prior record of 91 in 2012 and 91 again in 2013. The report notes the work of Conviction Integrity Units in the increase.

“The big story for the year is that more prosecutors are working hard to identify and investigate claims of innocence. And many more innocent defendants were exonerated after pleading guilty to crimes they did not commit,” said Michigan Law Professor Samuel Gross, editor of the National Registry of Exonerations and the author of the report.

Both the number of Conviction Integrity Units and the exonerations they produced increased in 2014. There were 49 CIU exonerations in 2014, including Continue reading

Derrick Hamilton exonerated in New York; Alan Beaman pardoned in Illinois

In two separate cases, men who were convicted and imprisoned for murders they did not commit had a very good week as officials recognized their innocence on Friday, January 9. Both had been released after years in prison but had continued to fight to clear their names and reputations.

Derrick Hamilton spent 21 years in prison for the 1991 murder of Nathanial Cash in Bedford-Stuyvesant, Brooklyn, New York. In prison, he steadfastly proclaimed his innocence knowing that this worked against his opportunities for early parole. He remained in prison even after the sole witness — Cash’s girlfriend whose Continue reading

Jane Raley: Tenacious Advocate for the Wrongfully Convicted

All who have followed the accomplished work of the Center on Wrongful Convictions at Northwestern Law are saddened by the loss of the Center’s Co-Director, Jane Raley, 57. Surrounded by her loving family, Raley died peacefully at her home on Christmas Day after battling cancer.

Raley had been a member of the legal staff of the Center on Wrongful Convictions since 2000. An exceptional lawyer and teacher, Raley was instrumental in the cases of eleven inmates who were eventually released, according to an obituary in the Chicago Tribune (here). Continue reading

Ohio and California: Convictions Overturned after Record-Long Wrongful Incarcerations

It has been a remarkable week for Innocence work, and this is only Wednesday.

Yesterday, November 18, Ricky Jackson’s murder conviction was vacated in Ohio after Jackson had spent 39 years in prison. Cuyahoga County Prosecutor Timothy McGinty acknowledged the case against Jackson had disintegrated when the key witness, who was 12 years old at the time of the crime, recanted. The district attorney does not expect to retry Jackson, 57, who broke into sobs as it became clear that the charges against him were being dropped. He is expected to walk free on Friday. Continue reading

New York Taxpayers to Pay $9 Million in Wrongful Conviction Settlement

New York City, its Housing Authority, and the State of New York have agreed to pay $9 million to Danny Colon, 50, and Anthony Ortiz, 44. Both men spent 16 years in prison before their convictions in a 1989 double murder — a drive-by shooting — were overturned in 2009.

The New York Court of Appeals reversed an earlier Appellate court decision and ordered a new trial for the men after finding that the Manhattan prosecutor had knowingly utilized false testimony from a key witness, a felon and drug dealer. The prosecutor denied in her final argument to the jury that the witness had been compensated for his testimony, but he subsequently received a Continue reading

Open Records Policies Shine Light on Misconduct, Injustice

Dallas County (TX) District Judge Mark Stoltz issued findings of fact and conclusions of law last week before recommending that the murder convictions of Dennis Lee Allen and Stanley Orson Mozee be overturned. The two men were subsequently released after each had served 15 years in prison. The judge’s findings will now go before the Texas Court of Criminal Appeals for review. ABC News WFAA 8 reported (here) that the two are expected to be exonerated.

Allen and Mozee were convicted of the 1999 murder of Reverend Jesse Borns Jr., who was found stabbed outside his workplace, a retail store. No physical evidence linked the men to the crime. The conviction was won on the unrecorded confession of Mozee — who immediately recanted and claimed he was coerced into signing the police-written statement — and the testimony of two jailhouse informants. The informants denied under oath at trial that they were promised compensation for their testimony. Continue reading

David McCallum and the late William Stuckey exonerated of murder

After 29 years in prison, David McCallum was exonerated yesterday  of a murder he did not commit. Kings County (NY) Supreme Court Justice Matthew D’Emic also exonerated William Stuckey who died in prison in 2001. It took an army of advocates over many years — including the late Rubin “Hurricane” Carter, who had also been wrongfully conviction of murder — to finally overturn this miscarriage.

As teenagers McCallum and Stuckey falsely confessed to the murder of  Nathan Blenner, who died of a single gunshot wound to the head. McCallum and Stuckey quickly recanted the confessions. Although the confessions were filled with inconsistencies and inaccuracies, the men were convicted and lost all appeals. Over the years, McCallum refused parole rather than admit guilt to a crime he did not commit. His struggle was recorded in a recently released documentary, “David & me.”

Brooklyn District Attorney Kenneth Thompson, whose Conviction Review Unit investigated the case, recommended this exoneration, and has now cleared convictions in ten cases, said in a Wall Street Journal Report (here), “I think the people of Brooklyn deserve better, and I think we should not have a national reputation as a place where people have been railroaded into confessing to crimes they did not commit.”

Congratulations to Mr. McCallum and to the family of William Stuckey. The nation should be grateful for the persistence and hard work of all who contributed to this reversal including Steven Drizin of the Center on Wrongful Convictions (Chicago), Rubin “Hurricane” Carter and Ken Klonsky, Innocence International (Toronto), Oscar Michelen of the New York law firm of Cuomo, LLC, Professor Laura Cohen of the Rutgers-Newark Law School’s Criminal and Youth Justice Clinic, and King’s County District Attorney Kenneth Thompson  and his Conviction Review Unit team.


Adding Balance and Transparency to the Plea Bargaining Process

The Hon. Jed Rakoff — U.S. District Judge, Federal District Court in Manhattan — has expressed concern over the fairness and accuracy of outcomes resulting from plea bargaining. In the United States, plea agreement negotiations have become the resolution mechanism for the vast majority—more than 95 percent—of federal and state criminal cases. The judge believes that the process contributes to an unacceptable number of innocent people pleading guilty to crimes they did not commit.

“We have hundreds, or thousands or even tens of thousands of innocent people who are in prison, right now, for crimes they never committed because they were coerced into pleading guilty,” Judge Rakoff said at the University of Southern California Gould School of Law’s annual Neiman Sieroty Lecture earlier this year. Read an article in USCNews on his comments (here).

The judge noted in an article in the New York Daily News (here), “The current Continue reading