Category Archives: DNA

Wednesday’s Quick Clicks…

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

Tuesday’s Quick Clicks…

Monday’s Quick Clicks…

Friday’s Quick Clicks…

$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

Wednesday’s Quick Clicks…

  • In NY, the wrongfully convicted petition for prosecutorial oversight
  • Colorado to consider eyewitness lineup reforms
  • In Japan, will wrongful convictions be catalyst for criminal justice reform?
  • With a judge’s order throwing out his murder conviction in-hand, Tyrone Hood truly became a free man as he was exonerated at a Monday morning hearing after spending more than 20 years in prison for a slaying he’s continued to insist he did not commit.
    “I can’t even describe how I feel right now,” he said.  Nearly a month ago, outgoing Gov. Pat Quinn commuted Hood’s sentence, releasing him from prison.  The decision by Cook County State’s Attorney Anita Alvarez to dismiss the convictions against Hood and his co-defendant Wayne Washington, Jr. follows more than two years of investigation by her office’s conviction integrity unit – which began looking into the case in 2012 after the University of Chicago’s Exoneration Project championed Hood’s innocence.  Keep reading…..
  • New legislation in Texas aimed at expanding access for inmates to post-conviction DNA testing

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

Connecticut Makes First Ever Compensation Payment to an Exoneree

Exoneree compensation was approved by the CT legislature in 2008, but the state has just made its first ever compensation payment to Kenneth Ireland who spent 21 years in prison after being wrongfully convicted of rape and murder.

Ireland was awarded $6 million on Thursday by the state’s Office of the Claims Commissioner.

See the aol.com story here.

 

Wednesday’s Quick Clicks…

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

Monday’s Quick Clicks…

Update on the National Registry of Exonerations

In case you haven’t been able to check in on the National Registry of Exonerations lately, here’s an excerpt from the most recent data.  Note the total is now up to 1,512, and the trend line is definitely UP.

exon dna non

exon cont fact

exon fact crime

I won’t belabor you by pointing out some of the more obvious observations.  Just a few minutes of study will (should) lead you to some very clear conclusions.

It has been reported that the folks at the Registry are hard at work trying to incorporate the exonerations being generated by the newly formed “conviction integrity units” (CIU’s).  For these cases the prosecutors running the CIU’s may not be very motivated to have their exonerations logged into the Registry.

I can’t gush enough about how critical and important this data is.  It is this kind of HARD DATA that will provide the foundation for much needed and long overdue justice system reform.

Is Texas Going to Execute Another Innocent Person?

If you have been paying attention at all, you know that the Texas death penalty machine has been operating at full tilt – 508 executions since 1982, with 16 in just 2013.  This includes the execution of Cameron Todd Willingham, and it had become abundantly clear, even before his execution, that Willingham was actually innocent.

Texas is now getting ready to execute Rodney Reed for a murder that it is likely somebody else committed.  This could be confirmed by simple DNA testing of items from the crime scene, and has been requested by his attorney and The Innocence Project.  But the state of Texas has steadfastly refused to do the testing, and in a hearing held just last Tuesday, a Texas judge has ruled that no further DNA testing is warranted.  See the report on that hearing by The Intercept here.

CNN has posted a story by Dan Simon about the case, and you can read that story here.

This from the CNN story:

“Why on earth, one wonders, would Texas battle fiercely against conducting the testing? Would it be naive to propose the state should welcome it?

The answer cannot be the meager costs of running the tests or the negligible time they would take to run. Nor could the state claim to be acting out of respect for the victim’s loved ones — a dubious justification from the outset — given that numerous members of her (the victim’s) family are campaigning publicly on Reed’s behalf.

The best explanation for the state’s aversion to the testing may be the dread of learning the truth. The prospect of finding that Reed is innocent would deliver a resounding condemnation of the state’s criminal justice process — its detectives, prosecutors, defense attorneys, judges, jurors and appellate courts.”

There is significant case detail in the original story by The Intercept, which you can read here.

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

Monday’s Quick Clicks…

  • South China Morning Post:  Reduction in number of crimes eligible for death penalty move in right direction
  • Recent exoneree Michelle Murphy discusses life outside of prison
  • Innocence Project (Cardozo) says DNA clears Minnesota man of murder; prosecutors disagree
  • The Mississippi Supreme Court has ruled the state’s program that provides compensation to inmates wrongfully convicted of crimes covers not only time behind bars but also house arrest.

Friday’s Quick Clicks…

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.

On DNA, Prosecutors Can’t Handle the Truth…

From the DetroitNews:

By Dave Moran, clinical professor of law and the director of the Michigan Innocence Clinic at the University of Michigan Law School.

On Sept. 8, my client Jamie Peterson walked out of a jail in Kalkaska, exonerated by DNA after 17 years in prison for a murder and rape he did not commit.

The DNA testing not only excluded Peterson but matched another man, Jason Ryan, who will stand trial later this year.

I am thrilled that Peterson is finally free. But I am also angry that the previous Kalkaska County prosecutor, aided by a local judge, managed to prevent the DNA from being tested and the real perpetrator from being identified for 12 years, even though they knew the DNA did not match Peterson. For 12 long years, Peterson remained in prison and Jason Ryan remained free because the prosecutor did not want to know the truth.

Peterson was convicted of the 1996 rape and murder of Geraldine Montgomery even though the male DNA recovered from her rape kit did not match him.

At trial, prosecutor Brian Donnelly repeatedly insinuated that another stain found on Montgomery’s shirt would match Peterson if it could only be tested. Since none of the physical evidence matched Peterson, he was convicted entirely on a series of wildly inconsistent confessions he had made to the police, who knew that he was mentally ill.

By 2001, DNA testing had improved to the point that the stain on the shirt could be tested. Further, the CODIS system had come online so that the unknown male DNA from the rape kit could be compared to state and national databases of thousands of convicted felons.

One would think that the prosecutor would want to know the identity of the unknown male whose DNA was in Montgomery’s rape kit. But no, Donnelly fought for 12 years to keep the DNA from being tested.

When the issue went to court in 2002, Judge Alton Davis issued a baffling opinion concluding that since DNA wasn’t used to convict Peterson, there was no reason to find out whose DNA was inside and on the victim’s body. Donnelly continued to successfully resist repeated requests for DNA testing for another decade.

When I think about how Donnelly and Judge Davis fought the DNA testing in the Montgomery case, I’m reminded of Jack Nicholson’s line in A Few Good Men, “You can’t handle the truth!” Rather than risk learning the uncomfortable truth that an innocent man might have been convicted, they chose to not find out who left DNA inside and on Geraldine Montgomery the night she was savagely murdered.

Finally, a new prosecutor, Michael Perreault, was elected in 2012, and to his great credit, he readily agreed to DNA testing when we and the Center on Wrongful Convictions approached him. The testing was performed in 2013, and it proved that all of the male DNA, including the stain on the shirt, came from the same man. A CODIS search quickly identified that man as Jason Ryan, who had been in the pool of original suspects in 1996. Ryan was finally arrested last December.

But the kind of obstruction we saw with Peterson continues to happen in other cases.

On Sept. 2, just six days before Jamie Peterson walked free, the Michigan Court of Appeals upheld a ruling by Oakland Circuit Judge Rae Lee Chabot that blood found on and near a murder victim, Robert Meija, shouldn’t be DNA tested even though the prosecution conceded that the blood type did not match Meija or Gilbert Poole, the man convicted of Meija’s murder. Despite the Cooley Innocence Project’s investigation that pointed to another suspect and its offer to pay for the testing, the Oakland County prosecutor opposed testing, making the same argument that was used to deny Peterson testing: since the blood wasn’t used to convict Poole, why should we test it now to find out who left the blood?

It’s so easy to answer that question. We should test that blood because the DNA may very well hit on a person who remains at large and who has continued to commit other crimes. There was only one perpetrator in the Poole case. Identifying a complete stranger to Poole, as Ryan was to Peterson, would strongly suggest that the wrong man is in prison.

The bottom line is this: Why doesn’t the Oakland County prosecutor want to know whose blood was found at the scene of a vicious murder? More broadly, why are some prosecutors so afraid of the truth? And why are some Michigan judges willing to help them hide the truth even when it means leaving violent criminals free to commit more crimes?

Monday’s Quick Clicks…