Category Archives: Book recommendations/discussion

Wrongful Imprisonment: Reuven Fenton on the Horror of Prison for Women


By Jillian Kramer

Reuven Fenton (pictured) recently sat down for an interview with Glamour Magazine to discuss his new book Stolen Years.

At this very moment, the National Registry of Exonerations—a database of wrongful conviction cases from the last 26 years—lists 1,679 innocent men and women who went to prison. In his new book, Stolen Years, reporter Reuven Fenton profiles 10 of them, telling their harrowing stories of imprisonment and how they were set free. “As you’re reading this, an impossible-to-document number of wrongly convicted people are sitting in prison, and only a small fraction will ever get out,” Fenton writes. “If this book helps fuel a burgeoning conversation about lives destroyed by our win-at-all-costs criminal justice system, I’ve done my job.”

We sat down with Fenton to find out what inspired him to write this book, and how women are really treated when they enter the system.

Glamour: Your book, Stolen Years, tells the stories of 10 men and women who served prison sentences for crimes they didn’t commit. How did you choose this subject matter for a book? What about it intrigues you?

Fenton: I cover all sorts of breaking news for the New York Post, and one type of story that I’ve covered more and more frequently in recent years is the exoneration story—when a man or woman who served decades in prison is found by a judge to have been wrongfully convicted and is freed. If you’ve ever had the opportunity to witness this in a courtroom, it’s something you never forget.

A few years ago, I covered the exoneration of a man named David Ranta, who served two decades for killing a rabbi in Brooklyn. And let me tell you, the sight of Ranta being able to walk over to his daughter in that courtroom and hug her for the first time as a free man was easily one of the most moving things I’ve ever seen.

Then, after the hearing, there was this big, chaotic press conference and reporters were asking Ranta questions like, “How does it feel to be out of prison?” and, “What’s the first thing you plan on doing as a free man?”

And these are all perfectly good questions to ask, because this was a breaking news story and the press needed the relevant soundbites. But I remember thinking, man, this guy’s got a whole story to tell and we’re not even scraping the surface.

That’s where the idea for this book stemmed. Anyone who’s ever been wrongfully imprisoned is in a unique position to tell one of the most incredible stories one can tell—if he or she is up to it. I decided I’d profile 10 exonerees and give each of them a magazine story-length amount of space to tell their tale. I could easily have written an entire book about a single case, but if I’d done that I wouldn’t have accomplished my second objective: showing how wrongful convictions can happen to people of all walks of life, for so many different reasons.

Glamour: How did you choose which cases to highlight?

Fenton: One of the saddest things about wrongful convictions is how frequently they occur. Some studies say the number of innocent men and women currently doing time at U.S. prisons at as high as five percent. That’s potentially 100,000 innocent inmates—a staggering number.

I had certain criteria in mind for this book. I wanted to profile people who’d been locked up for at least 10 years and who’d been exonerated within the past few years. I also wanted each of my subjects to be from a different state.

And it was important for me to include women, because women aren’t typically thought about when it comes to wrongful conviction. I think this is largely because far more men than women go to prison, and therefore more men than women get exonerated. But this doesn’t make women’s stories of wrongful imprisonment any less compelling. In the end I ended up profiling two women and found their stories to be among the most riveting.

Glamour: What made these women’s stories so riveting?

Fenton: More than anything, what struck a chord for me was the way they spoke about their estrangement from their children. It’s extremely difficult to maintain relationships with family, especially when you’re handed a life sentence as these women were. So one can only imagine what it’s like being a mother, watching your kids visit you less and less frequently until they stop visiting altogether.

Glamour: Are there any common themes—beyond wrongful conviction, of course—between each of these cases?

Fenton: I was expecting at least some of the people I profiled to be broken versions of their past selves. After all, they’d been through the worst kind of hell.

What I wasn’t expecting, and was delighted to find out, was that all 10 of my subjects showed an incredible triumph of the human spirit. They all had a positive outlook on life, both in and out of prison. Each believed in their heart that they’d be free one day. Despite seeing the justice system fail them so horrifically, they still believed that their freedom was a fundamental right, almost in a cosmic sense.

And each of them, once they got exonerated, refused to brood over the years they had lost. They just wanted to hit the road running, catching up on all they missed and rebuilding their lives. Since getting out, some have started families, others have built successful businesses. Even the ones that haven’t been as successful still keep pushing, because they’re determined to make the most of the time they have left.

Glamour: What did you learn about how women, specifically, are sometimes treated in the legal system?

Fenton: Women suffer all sorts of horror in prison that men are spared from. And this is becoming an increasingly relevant issue as the number of women inmates in jails and prisons continues to grow.

Let’s start with the scariest issue: sexual assault in prison. At the worst prisons, one in four women gets sexually assaulted while serving out her sentence. A considerably higher percentage of women have experienced incidents when male corrections officers solicited them for sex in exchange for special treatment, or with threats of discipline if they refused.

Neither of the women I profiled had this happen to them, at least not that I know of. But Debra Brown of Utah did speak about the time she opened a pantry door in the prison kitchen where she worked and caught a female inmate performing a sexual act on a male officer. Later, the officer warned Debra to keep her mouth shut.

An issue related to sexual assault is that of unreasonable searches. Many female inmates suffered sexual abuse before they went to prison, and become retraumatized when they have to strip down and get full-body searches. Although the Fourth Amendment is supposed to guarantee them the right to refuse these searches, they often don’t know their rights.

Glamour: How is women’s health affected in prison?

Fenton: Women’s health is another major issue. All kinds of research has found that women inmates often have more severe health problems than men, often due to issues tied to poverty, drug use and sexual assault. Women inmates also suffer higher rates of mental illness than men. Yet prisons don’t always take this into account. They don’t necessarily provide the needed hygiene products for women who are menstruating. They often fail to give pregnant women proper care.

Women who want abortions run into all sorts of barriers. I read about one case in a New York facility in which the prison waited so long to schedule an inmate’s abortion that the legal 24-week limit passed, and then it was too late.

The exoneree Debra Brown, who I mentioned earlier, got breast cancer and cervical cancer while locked up. Her experiences were horrifying in a number ways, and it’s an absolute miracle she survived. In one instance, she went to see her doctor about the cervical cancer and he asked her how she was doing on her meds to keep the breast cancer from returning. She was like, “What meds?” The pharmacy had lost the paperwork or something.

Glamour: In chapter nine, we read about Ginny LeFever, a woman who went to prison for more than two decades for killing her soon-to-be-ex husband based on—quiet honestly—laughable evidence. Her story begs the question: Is there a bias against women?

Fenton: Whether this particular case suggests a bias against women is up for debate. But I would like to point out something:

The weird thing about Ginny LeFever’s case is that the toxicologist—who turned out to be a total fraud—claimed she had killed her husband in this really elaborate way. He said she inserted arsenic pellets into his rectum, then locked him in a room bombed with fumigant and finally just beat the living daylights out of him.

Her alleged bungled attempts at murder remind me of a cartoon, like Wile E. Coyote always devising these crazy ways to capture the Road Runner and always messing it up.

LeFever has always maintained that her husband ingested a bottle of antidepressants in an apparent attempt to kill himself, and that’s how he died. And you have to wonder why her explanation was so much less believable than the toxicologist’s.

Well, we know that in the weeks and months leading to her husband’s death, Ginny had been having a very tough time dealing with the guy. He’d been showing up to her house at odd hours and sending her stalky messages. She was in a very vulnerable place.

Unfortunately, that sort of vulnerability can be interpreted as a motive to murder somebody. And that’s where the prosecutor had a leg up against the defense. So despite all sorts of evidence to the contrary, and despite the couple being days away from finalizing their divorce, the prosecutor was able to convince a jury that this woman hated her husband so much that she killed him.

And you have to ask yourself whether it was ethical for the prosecutor to use a woman’s vulnerability as a weapon against her, just to win a case.

Glamour: When telling each story, what was your goal? What do you want readers to take away from the book?

Fenton: I just think there’s no better way to change something that needs fixing than through stories. That’s what journalism is all about. The public responds to drama.

Let’s say the big story of the week is about war in the Middle East. You can cite statistics and draw up charts until you’ve made your point ad nauseam, but nothing is going to stir people to bring change if they aren’t moved on a gut level. That’s where stories come in—real, in-depth stories about people who have been treated unjustly.

I spend the bulk of Stolen Years telling these stories, trying to give readers—and myself—a sense of what if feels like to go to prison for a crime you didn’t commit. I wanted people to know how itchy the prison scrubs are, how bad the food is—and what it’s like to be stabbed 73 times by Aryan Nation thugs, as Drayton Witt was in chapter five.

Then the final chapter, the backbone of the book, is the call to action. That chapter analyzes the top causes of wrongful convictions and suggests ways to help—for instance, volunteering with innocence organizations that are often two-man teams desperately in need of help. Or reaching out to elected officials. Stuff that really does make a difference if enough people get involved.

My hope is that by saving my call to action for the end of the book, readers will be so moved by the stories that they’ll actually be motivated to help.

Nearby New York City? You can attend a special reading and snag a signed copy of Fenton’s book, Stolen Years: Stories of the Wrongfully Imprisoned, at 7 P.M. on Nov. 12 at the Mysterious Bookshop, 58 Warren St. Otherwise, follow Fenton on Twitter at @reuvenfen for future events and more information on his book. The book is available beginning Nov. 10.

Wednesday’s Quick Click…

Thursday’s Quick Clicks…

Tuesday’s Quick Clicks…

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Tuesday’s Quick Clicks…

Thursday’s Quick Clicks…

  • The Exonerated (the play) in ebook format
  • From the AP:  The Texas state fire marshal has volunteered to turn over more than a decade of his office’s casework to advocates so they can examine them for wrongful convictions.  Fire Marshal Chris Connealy has been working with the Innocence Project of Texas for more than a year to review old cases.  But now he’s sent 24 cases from 2002 to 2004 to the Innocence Project so the Lubbock-based group can vet his office’s work, with a pledge to turn over all of his more recent case files. He says it’s an important step for the public “to have confidence in the criminal justice system.” Several high-profile arson cases have come under scrutiny in Texas, including that of Cameron Todd Willingham, executed for the fire deaths of his three daughters.
  • Oscar nominated director to direct The Brian Banks Story
  • Two new books about wrongful conviction by Morrison Bonpasse
  • Summary of Amanda Knox appeal
  • The latest from the Innocence Project of Singapore

Monday’s Quick Clicks…

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Friday Quick Clicks…

  • A Final Farewell to Greg Wilhoit, Who Survived Oklahoma’s Death Row
  • New book released:  I am Troy Davis
  • A Pittsburgh man serving three life terms deserves a new trial in the death of three city firefighters, but the retrial will be delayed while prosecutors appeal the judge’s decision.  When Greg Brown was convicted of arson in a 1995 blaze that killed three Pittsburgh firefighters, prosecutors said no witnesses were promised money in exchange for testimony.  Allegheny County Judge Joseph Williams on Wednesday ruled 36-year-old Gregory Brown Jr. deserved the new trial because prosecutors didn’t reveal that the federal Bureau of Alcohol, Tobacco and Firearms paid one witness a $5,000 reward.  That witness testified he wasn’t promised any money for his testimony, which Williams said could have been used to impeach his credibility had Brown’s defense known about the reward.  Full story….

Australia: Call for end of juries in new book: ‘Presumed Guilty’

A veteran reporter in Western Australia, Bret Christian, has written a new book entitled ‘Presumed Guilty’. In promoting the book, he has given an interesting radio interview where he calls for the abolition of juries. He claims that having covered many miscarriages of justice, this may prevent further occurring. You can listen to the interview here….   

More details on the book are available here:

Presumed Guilty

Bret Christian506782

Friday’s Quick Clicks…


Thursday’s Quick Clicks…

  • Scotland may get rid of 300 year old corroboration rule, which requires multiple pieces of corroborating evidence before a conviction can be obtained.  It was implemented to avoid wrongful convictions
  • A review of Michael Naughton’s The Innocent and the Criminal Justice System
  • A Texas fire review panel flagged two quarter-century-old arson cases on Wednesday, saying investigators were mistaken in finding that the defendants set intentional fires.
  • Exoneree Brian Banks:  the best revenge is success

Monday’s Quick Clicks…


Friday’s Quick Clicks…

  • Actor Martin Sheen said Thursday he won’t stop backing a man’s bid to be exonerated in a 1998 killing, although prosecutors have concluded the case was sound.  Sheen said in a statement he was outraged by the Manhattan district attorney’s recent decision in the case of Jon-Adrian Velazquez, who was convicted of killing a retired police officer. Some witnesses have since backtracked, but prosecutors say an 18-month-long review didn’t turn up enough proof to clear Velazquez.  “I promised Jon-Adrian that I would not give up the fight to see him walk out of prison a free man and I repeat that promise today,” Sheen said in the statement, provided by Velazquez’ lawyers, who filed papers Thursday asking a judge to dismiss the case.  “He is an innocent man, wrongfully convicted. May justice prevail,” Sheen added.
  • A central New York man who spent nine years in prison after being wrongfully convicted of trying to kill his wife has won $5.5 million in damages from the state.  Syracuse-area media outlets report a state Court of Claims judge ordered the payment to 46-year-old Daniel Gristwood of Pennellville. The judge ruled in 2011 that state police coerced him into falsely confessing in 1996.  Gristwood was released from prison in 2005 after another man admitted attacking the sleeping Christina Gristwood with a hammer.
  • A review of Amanda Knox’ new book
  • After wrongful conviction in Nicaragua, Jason Puracal wants to work to change the system

Miami ‘injustice system’ gets international attention

The release this week of Amanda Knox’s book, Waiting to be Heard, and her hour-long interview on ABC last night puts the focus on the growing problem of citizens of one country being convicted in the unfamiliar court system of another country.

Knox has gained strong sympathy in her native United States. But feelings toward her in Italy, where her murder conviction occurred before being overturned, and in Great Britain, where murdered roommate Meredith Kercher was from, are less favorable.

The shoe is on the other foot in the murder conviction in the United States of a British citizen of Indian descent, Kris Maharaj, who grew up in Trinidad and made a fortune in Britain before moving to Florida. Maharaj has gained lots of support and media exposure in Britain, but relatively little in the U.S.

Maharaj got a rude introduction to the American justice system when two business rivals were killed in a Miami hotel room in 1986 and he was convicted of their murders and sentenced to death. Maharaj’s case had many sordid aspects, including a judge who was arrested mid-trial on bribery charges, a lackadaisical attorney (who is now a judge), police and prosecutors who withheld evidence, Caribbean con-artists and Columbian cocaine dealers.

Clive Stafford Smith bares these facts in his compelling book, The Injustice System: A Murder in Miami and a Trial Gone Wrong, which was previously published in Britain as Injustice.

Stafford Smith has an interesting perspective. The British citizen attended the University of North Carolina and graduated from Columbia Law School. He then spent two decades representing death-row clients in the United States before returning to Britain, where he is founder and director of Reprieve, a nonprofit legal defense firm. One of his American clients was Maharaj. In his book, Stafford Smith recounts how he developed convincing evidence that the murders for which Maharaj was sentenced to death were really committed by a Columbian hit man to exact revenge for the victims’ theft of a drug cartel’s profits.

Stafford Smith tells how he got Maharaj’s death sentence overturned with some regret. Why? Because, Stafford Smith says, American courts are far less likely to consider evidence of innocence if the defendant isn’t on death row. As a result, Maharaj, now in his 70s, languishes in prison with little chance of having the evidence Stafford Smith has developed ever considered. You can read more about the case here and here.

Early reviews of Amanda Knox book starting to appear

Waiting to be Heard, Amanda Knox’s book about her wrongful murder conviction in Italy, subsequent acquittal and current legal limbo. isn’t due for release until April 30, but advance reviews are already starting to appear. According to this review in The New York Times, Knox does more than argue her innocence. She also shares how she survived being snared in the web of a Kafkaesqe high-profile case. ”I pulled myself out of the dark place into which I’d tumbled,” she writes. I promised myself I’d live in a way that I could respect. I would love myself. And I would live as fully as I could in confinement.”

New Scholarship Spotlight: Prosecution (Is) Complex


Alafair S. Burke

Alafair S. Burke

Alafair S. Burke has posted the above titled-article, a book review of Prosecution Complex, on SSRN.  Download here.  The abstract says:

Post-conviction DNA testing has led to the exoneration of nearly three hundred defendants. As the number of exonerations grows, we are in an era where the once unthinkable is now undeniable. We convict the innocent. We imprison the innocent. We place the innocent on death row. Daniel Medwed brings this reality to life in his captivating book, Prosecution Complex, which carefully documents the myriad ways that prosecutors can contribute to wrongful convictions at every stage of a criminal case. From the charging decision to plea bargaining to trial to post-conviction, Medwed argues, prosecutors face an “ongoing schizophrenia” as they seek to balance dual roles in the criminal justice system, trying to serve both as zealous advocates for the government and as neutral ministers of justice.

This book essay offers three lessons that can be gleaned from Medwed’s central thesis that prosecutors must struggle to balance their dual roles as advocates and ministers of justice. Two of these lessons are for prosecutors: 1) that the protection of justice means not only the protection of the innocent, but also the fostering of a fair process, and 2) that prosecutors can mitigate the possibility that they will contribute to a wrongful conviction by seeking out contrary voices that foster neutral decision-making. The third lesson, aimed at the wrongful convictions movement, is to avoid a language of fault, which has a tendency to focus reform efforts on intentional misconduct and to signal to virtuous prosecutors that they need not worry that they may contribute to a wrongful conviction. Prosecution Complex is a significant book that should be read by any scholar, lawyer, or layperson who cares about criminal justice. But its most essential audience is prosecutors themselves, who hold the key to the most feasible and important reforms in the prevention of erroneous convictions.