Category Archives: Exonerations

Monday’s Quick Clicks…

Wisconsin Innocence Project client Dan Scheidell’s 1995 conviction for sexual assault was vacated last week after DNA evidence implicated another individual…

Texas exoneree Anthony Graves who spent 12 years on death row before being exonerated in 2006, has been appointed to the board of directors for the Houston Forensic Science Center…

Former President of Ireland Mary McAleese and many others attended and spoke at the first International Innocence Conference held in Dublin, Ireland last weekend…

A Michigan man has been cleared of a 1992 rape after serving 17 years in prison for the crime…

According to LA District Attorney Jackie Lacey, Conviction Integrity Units are needed in order to preserve the integrity of prosecutor’s offices across the country…

Tuesday’s Quick Clicks…

In Canada, a wrongfully convicted man has been exonerated 45 years after being convicted of manslaughter…

Lincoln Caplan argues in the New Yorker that a recent SCOTUS ruling, overturning a Ninth Circuit decision calling for the retrial or release of a California inmate on death row, will have dire effects on prisoner rights…

New evidence of prosecutorial misconduct may be the key to overturning former No Limit rapper’s manslaughter conviction…

In Kansas, protesters aim to raise awareness for those who are wrongfully convicted…

Friday’s Quick Clicks…

Governor of California Jerry Brown signs legislation authorizing $698, 400 pay-out to three wrongfully convicted individuals…

A Cook County Judge refused to grant a certificate of innocence to ex-death row inmate despite finding the man actually innocent…

Scott Henson named director of Texas Innocence Project…

In Alaska, the first of the “Fairbanks Four” leaves prison for halfway house…

Louisiana appeals court blocks release of “Angola Three” inmate Albert Woodfox…

New Zealand starts new ‘Innocence’ Panel

untitledSince the high profile exoneration of Teina Pora (see here…) and lots of calls for reforms in New Zealand, including a body to look at miscarriages of justice, the newly created New Zealand Public Interest Project (NZPIP) has now started work. A charitable organisation, it plans to look into cases as well as wider concerns about the operation of the NZ criminal justice system. The body already has a queue of high profile cases in which a prisoner is claiming innocence. While good news…. it is not a government backed (or funded) body… which should have been the response to growing concerns about the justice system in New Zealand.  One hopes that if they can bring attention, and overturn, further miscarriages of justice, the government will take the issue seriously and set up a funded body. Read more here….

Many innocent people languishing in NZ jails says legal group fighting miscarriages of justice

Panel to investigate miscarriages of justice

Miscarriage of justice investigation panel launched

Friday’s Quick Clicks…

These Are the Wrongful Conviction Cases That Haunt Me

I’ve been doing “innocence work” for seven years now.  So …. just what is it that I do? I am Science & Technology Advisor to the Ohio Innocence Project at the University of Cincinnati College of Law and to the Duke Law Wrongful Convictions Clinic at Duke University. This means I advise on cases that include factors involving science and/or technology – usually forensics. I will also advise any innocence organization or agent that requests my input, and I do this pro bono. I do some other stuff too, like write for this blog, but those are the roles in which I get involved in case work.

During this seven year period, I’ve had personal involvement – meaning I’ve actually done work – in 63 cases in eight states and two foreign countries; and have had exposure to the details of probably 100 more cases on top of that. I’ve been privileged to be a small piece of the puzzle in five exonerations; and, in four cases, my work has contributed to confirming that the defendant was actually guilty. We consider confirming guilt to be a good outcome, because it means that justice has been properly served. We’re not trying to get everybody out of prison – only the people who are actually innocent.

We relish talking about the successes, the exonerations, but nobody ever hears about the failures. I count a failed case as one in which, based upon careful and intensive study of all the facts, testimony and evidence, we (I) are absolutely confident that the defendant is actually innocent; but our efforts to exonerate have not succeeded, and there’s really nothing more we can do. Sadly, the failures occur much, much more frequently than the successes. There are no good data for this, but in my experience, an exoneration takes years of time (average about 7), thousands of hours of total effort by a great many people, and, in some cases, thousands of dollars. And the failures can take just as much as the successes, if not more.

Most of the cases I’ve worked remain “open,” at least technically, but there are some for which we have seemingly come to the end of the legal road, and there’s little, if anything, that can still be done. There are five of these cases, in particular, that keep me awake at night, because I get so outraged and frustrated by the injustice. I thought I would share them with you, so you might get some idea of what the people doing innocence work have to deal with on a daily basis. Since these cases are unresolved, I will not reveal any names, dates, or places, and will provide only sketchy details of the incidents involved, but you’ll get the idea.

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Hannah Overton Capital Murder Case Dismissed

See our previous post on the Hannah Overton case here.

Hannah Overton was convicted for murdering her 4-year-old stepson by salt poisoning. Given the evidence that the prosecutor had early on, and did not disclose to the defense, Overton never should have been charged in the first place. This was a “crime” that never happened.

See the KRIS TV (Corpus Christi, TX) story here.

Thanks to Camille Tilley for passing this story along.

Interview With Debra Milke’s Attorney

Here is a 25 minute interview with Debra Milke’s attorney.

It is fascinating and riveting.

And keep in mind, while you watch this, that our justice system did this.

See our previous post on the Milke case here.

And thank you to Camille Tilley for posting this in the comments. I felt it deserved ‘headline’ status.

 

Amanda Knox Devotes Herself to the Cause of Wrongful Convictions

After her 7 1/2 year nightmare of being wrongfully convicted, and finally being declared innocent, Amanda Knox has announced she will dedicate her efforts to giving a voice to those who have been wrongfully convicted.

See the Seattle Times story here.

 

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.

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.

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!

Thursday’s Quick Clicks…

Tuesday’s Quick Clicks…

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

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

Weekend Quick Clicks…

Wednesday’s Quick Clicks…

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…