Category Archives: Exonerations

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.

 

Exoneration in California Yesterday

MellenYesterday, Susan Mellen was released from prison after doing 17 years for a murder she did not commit.  She was serving a term of life without the possibility of parole.

Thanks in large part to the work of the organization Innocence Matters, a year-long investigation revealed that she was convicted solely on the basis of testimony from a woman who was proven to be a pathological liar, and that the defense at her trial had not researched that, and it was not presented in her defense.

The judge took only two minutes to vacate her conviction and dismiss her case. He was quoted as saying, “Ms. Mellen is not only not guilty. I believe, based on what I’ve read, that Ms. Mellen is innocent.”  “The justice system failed.”  The prosecution cooperated.

See the DAILY BREEZE story here.

Friday’s Quick Clicks…

Bloodsworth film gets funding boost, Raffaele Sollecito doesn’t

Producers of a movie about Kirk Bloodsworth, the first person freed from death row by DNA, successfully launched a fund-raising effort for post-production funding today. The producers of “Bloodsworth – An Innocent Man,” previously raised over $25,000 from 331 backers for filming in 2011, and current crowd-funding effort looks like it will be equally successful. You can read about the campaign here.

Sadly, not all possibly innocent people caught up in the sometimes crazy criminal-justice world are having the same kind of luck. As Luca Cheli explains here, Raffaele Sollecito, Amanda Knox’s co-defendant in the controversial Italian murder case concerning the murder of Briton Meredith Kercher, is one of them. Cheli reports that Sollecito’s account on the crowd-funding site GoFundMe has suddenly been closed. Sollecito had successfully raised defense funds on the site before, and now his supporters around the world are being denied the opportunity to help him again. Sollecito is having problems setting up an account on other crowd-funding sites, and his chance of presenting a robust defense is now in jeopardy.

Cheli attributes Sollecito’s fund-raising woes to the often-vociferous haters of Knox and Sollecito. But the issue is bigger than that.

”This is a threat going well beyond the context of a specific murder case: it is certainly a threat to anyone working against any wrongful conviction, but it is also a potential threat to any advocate of whatever cause,” Cheli writes.

“Today it is Knox and Sollecito, who or what will it be tomorrow?”

In prison since 2003, yet authorities knew man wrongfully convicted in 2007

Shocking news coming from Spain, where it has become clear that a Dutch citizen, Romano van der Dussen, convicted in 2005 of a series of sexual assaults, REMAINS in prison, despite DNA proving his innocence in 2007.

Spanish authorities have had van der Dussen in prison since the rapes took place in 2003. He was found guilty on – now definitively erroneous – eyewitness identifications (with no other links between the suspect and the crimes) in 2005. 1410717812_066741_1410798646_sumario_normal

ven der Dussen, the photofit, and Mark Dixie

However, in 2007, INTERPOL were informed by British police, that convicted murderer Mark Dixie – serving a life sentence for the rape and murder of 17 year old model Sally Ann Bowman in the UK – had previously lived in Malaga in 2002-2003. Spanish authorities uploaded the DNA obtained from the sexual assaults, and subsequently received a report in March 2007 that the DNA from the scenes matched British murdered and serial offender Mark Dixie.

One might expect that in 2007, Spanish authorities – horrified that they were keeping an innocent man behind bars, would move swiftly to ensure his release. Instead, the case has bounced around the legal system, delayed by legal technicalities. His solicitor is now awaiting fingerprints and DNA of Dixie from British authorities to proceed further with securing the release of van der Dussen. ELEVEN years since his imprisonment, and SEVEN years since the authorities discovered his innocence. What can the Spanish possibly be doing?

Read more here:
Dutchman in Spanish jail waits for DNA justice

Fuengirola court reopens sexual assault case

Spanish authorities reopen Dutchman’s rape case

There are more detailed reports in Spanish and Dutch e.g.:
En la cárcel pese a las pruebas de ADN

Tuesday’s Quick Clicks…

Research project issues report on wrongful arson convictions

The Arson Research Project says that 30 men and women have been exonerated from wrongful arson convictions since 1991. More than half of them were exonerated from life sentences or from death row. In the case of one Texas inmate, Cameron Todd Willingham, the research project says, such forensic error led to the execution of an innocent man.

To help prevent such tragedies in the future, the Arson Research Project, which is affiliated at Monterey College of Law, has published an excellent report, Anatomy of a Wrongful Arson Conviction, which you can download here.

The center’s director, Paul Bieber, presents a good video summary on wrongful arson convictions and the difficulty reversing them, here.