Category Archives: Editorials/Opinion

Waiting is a Beast

Below is a link to a 17 minute video. This is Prof. Theresa Newman giving a recent TED Talk. She is co-director of the Duke Law Wrongful Convictions Clinic.

I have had the distinct honor and privilege of working with this lady on a number of wrongful conviction cases in North Carolina. She is one of those people who we should have many, many more of in this world.

Interestingly, I was deeply involved in both the cases she talks about. And I can say that, for all of us, the decision in Derrick’s case was truly a gut punch, as you will see. Unfortunately, this came at the same time that we lost “Al’s” case here in Ohio. Al had documentation and witnesses to prove he was in NY City at the time the murder was committed in Lorain, OH; but because of false eyewitness testimony, he was convicted – and the conviction was upheld.

We relish being able to talk about the successes, the exonerations, but they are truly rare compared to the number of wrongful convictions that exist. This is a heartwrenching business.

Prof. Newman talks about establishing a new paradigm for resolving wrongful conviction cases; but the wait will be long, and . . . . . . .

Waiting is a Beast

 

Debra Milke Speaks

Today, Debra Milke, exonerated after 22 years on Arizona’s death row for the murder of her 4 year old son, appeared and spoke at a press event.

See her very eloquent press conference statements here. And see the remarks from her attorney, Lori Voepel, here.

PBS’s Recent Segment on SBS (Shaken Baby Syndrome)

A Disputed Diagnosis that Sends Parents to Prison for Abuse.

Last evening (3/23/15), PBS aired a segment that takes a critical look at the diagnosis of Shaken Baby Syndrome. The story features Kate Judson, who is the Innocence Network SBS Litigation Fellow, and who has been doing phenomenal work in not only helping those wrongfully convicted of SBS, but also in trying to bring the medical and legal communities together to achieve a true scientific understanding of the causes and symptoms.

See the 10 minute video here.

Washington Post Article on SBS (Shaken Baby Syndrome)

A disputed diagnosis imprisons parents

Debbie Cenziper of the Washington Post, after a year-long investigation in conjunction with the Medill Justice Project, has written an article addressing the controversy surrounding the diagnosis of Shaken Baby Syndrome (SBS).

This is the most comprehensive general publication article on the subject I have seen, and she interviewed people on both sides of the issue. I have extracted some selected quotes:

Dr. Patrick Lantz: “If doctors see retinal hemorrhages, they say it’s abuse, but it’s as scientific as a fortuneteller reading tea leaves.”

Dr. George Nichols: “Shaken Baby Syndrome is a belief system rather than an exercise in ­modern-day science.”  “My greatest worry is that I have deprived someone of justice because I have been overtly biased or just mistaken.”

Dr. Jonathon Arden: “A lot of people in this field, especially many of the pediatricians, make statements that are absolute and dogmatic and do not allow for the exceptions that we know exist. Do you want to be involved in somebody’s wrongful conviction because you had this dogmatic approach that it must be trauma, it must be shaking?”

Dr. Patrick Barnes: “All of the treating physicians simply assumed trauma and stopped looking for alternative explanations. That is not sound science and cannot be the basis of a reliable prosecution.”

Dr. Jan Leestma:  “The original papers that espoused Shaken Baby were basically opinion papers with essentially no science applied to them.”

Dr. Norman Guthkelch: “I am doing what I can so long as I have a breath to correct a grossly unjust situation. I think they’ve gone much too far.”

See the Washington Post article here.

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

The Debra Milke Lawsuit – A Perspective

Camille Tilley, whose daughter Courtney was wrongfully convicted in Maricopa County, was kind enough to post a link to the lawsuit recently brought by Debra Milke against a number of Phoenex and Maricopa County, AZ officials regarding her wrongful conviction for the murder of her 4 1/2 year-old son. This post was contained in a comment to our recent story about the Debra Milke case.

If you haven’t had a chance to read the lawsuit, I think it deserves some special comment. You can access it directly here:  Debra Milke-lawsuit. It’s very interesting to note that Milke is represented in her suit by the firm of Neufeld Scheck & Brustin. You probably know that Peter Neufeld and Barry Scheck are the founders of the original Innocence Project.

I’ve read the suit, and if you think this kind of thing can’t happen to you, you need to read it too. It reads like a bad crime novel, but the really scary part is that it actually happened, and the people who are supposed to be the “good guys” are actually the criminals. Joe or Jane citizen has absolutely no defense against this.

The official misconduct in this case is sordid, stomach turning. Could it possibly be that this case, and this suit, will be the crowbar that finally pries the lid off the slimy justice system snake pit called Maricopa County?

Debra Milke Case — She Remains Free — and IT’S DONE !!

Today, the Arizona Supreme Court refused to grant the prosecution a retrial for Debra Milke. Milke’s conviction had been overturned by the US 9th Circuit for prosecutorial misconduct, and sent back to the Arizona courts.  See the AZ Central story here.

We’ve covered this case extensively. See here, here, here, and here.

And …….. Debra Milke has filed suit against Maricopa County, AZ, the prosecutor (Bill Montgomery), the detective (Armando Saldate), and twelve other officials. See the Courthouse News Service article here.

All I can say is …. YOU GO, GIRL!