Category Archives: Film/Cinema

Wednesday’s Quick Clicks…

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  • The unintended consequences of compensating the exonerated
  • Canada’s system for reviewing alleged wrongful convictions “failing miserably”
  • West Virginia University Law Innocence Project pushes interrogation recording bill
  •  What does a record number of U.S. exonerations in 2013 tell us?
  • ESPN video on the wrongful accusation against Richard Jewel for the 1996 Atlanta Olympics bombing
  • Ex-cop exonerated after 20 years in prison awarded $9 million
  • Mexican lawyers turned filmmakers win civil suit against them brought by family of victim in wrongful conviction case they exposed through the documentary Presumed Guilty
  • Planned changes in UK’s compensation laws for exonerees will make it nearly impossible to obtain compensation after wrongful conviction
  • New Zealand Innocence Project re-ignites debate about the need for a wrongful convictions commission
  • Idaho Innocence Project client Sarah Pearce may soon be released—settlement discussions ongoing

Lawyers Gather in Buenos Aires for Second Annual Latin America Innocence Conference

Attorneys gathered from all over Latin America for the Red Inocente!  Second Annual Latin American Innocence Conference last week in Buenos Aires, Argentina.  Over a span of three days, Enrique Piñeyro, the Director of the newly established Innocence Project Argentina, graciously welcomed participants from Argentina, Brazil, Chile, Colombia, México, Nicaragua, Paraguay, and Puerto Rico.  The group included attorneys, law students, judges, academics, politicians, scientists, and members of the media.

Director of the Innocence Project Argentina, Enrique Piñeyro

Director of the Innocence Project Argentina, Enrique Piñeyro

Piñeyro, also an accomplished Argentine film director, hosted the conference and organized speakers on an array of topics. Attorneys spoke about evidentiary issues.  Experts spoke about the criminalization of the poverty in the Latin American jails and corruption in the judiciary.  California Innocence Project exoneree, Rafael Madrigal, spoke about the seven years he spent in prison after he was wrongly convicted for an attempted murder in Orange County, California.  Exoneree, Eric Volz from Nicaragua, also spoke on his international experience resulting from his wrongful murder conviction.  Both of these talks allowed people to hear about the real-life experiences of those unjustly sent to prison and illustrated why innocence work is so important throughout the world.

Director of the California Innocence Project, Justin Brooks

Director of the California Innocence Project, Justin Brooks

This conference was the second conference of its kind.  The first conference was held in 2012 in Santiago de Chile.  Since the conference in Chile, innocence projects have taken root in Mexico, Argentina, Chile, and Peru.  The directors of these projects, as well as the director of the already long-established project in Colombia, were able to speak to the group and relay the problems, challenges, and successes of their work in their respective countries.

Participants and speakers from Brazil, Unites States, Nicaragua, Mexico, and Argentina.

Participants and speakers from Brazil, Unites States, Nicaragua, Mexico, and Argentina.

Piñeyro also showcased his documentary, The Rati Horror Show, to demonstrate the corruption and serious problems of the Argentine judicial system.  The documentary was pivotal in the release of Fernando Carrera, who was convicted of murder because the police altered evidence at the scene of the crime and manipulated witness testimony.  Carrera, in an unexpected Argentina Supreme Court decision, was ordered back to prison when the Court denied the decision by the lower court to reverse his conviction.  Carrera’s attorneys also participated in a forum where participants were allowed to ask them questions about the judicial decisions and the facts surrounding the underlying conviction.

The Mexican documentary, Presunto Culpable, was also shown at the conference.  The film vividly illustrates the struggle to exonerate an innocent man in the deeply flawed Mexican justice system.

Directors of the established  projects from Colombia, Brazil, Peru, Mexico, Nicaragua, Colombia, and the United States.

Directors of the established projects from Colombia, Brazil, Peru, Mexico, Chile, Nicaragua, Colombia, and the United States.

Red Inocente! hopes to organize a conference for Latin American innocence projects every year to continue to share information, experiences, and knowledge.  The conference will be held in Bogotá, Colombia in October of 2014.  Red Inocente! is a non-profit legal and education program designed to offer assistance to those who are trying to help secure the release of innocent prisoners in Latin America, promote legislative reforms to reduce the number of wrongful convictions, and offer information on latest developments in forensic science and law to the lawyers who litigate these cases.

Follow me on Twitter @justinobrooks

Professor Justin Brooks
Director, California Innocence Project
California Western School of Law
225 Cedar Street
San Diego, CA 92101
jpb@cwsl.edu
www.californiainnocenceproject.com

For more information, please visit the following websites:  www.redinocente.org, www.ipargentina.org.

Monday’s Quick Clicks…

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Monday’s Quick Clicks…

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  • The Manhattan district attorney will not reverse the conviction of a New York City man found guilty of killing a retired police officer during a botched 1998 robbery in Harlem, saying its re-investigation of the high-profile case found no evidence to warrant tossing the verdict. Defense attorneys called the decision “unjust” and a “tragedy” and vowed to continue their fight to free the man.  Jon-Adrian “J.J.” Velazquez was convicted of second-degree murder and sentenced to 25 years to life for the shooting death of Albert Ward at the illegal numbers parlor the former NYPD officer operated.
  • A review of the film L’Affaire Dumont, about a wrongful conviction in Canada
  • Alabama set to pardon Scottsboro Boys
  • In Arizona, Louis Taylor experiences shock upon release and looks forward to starting his new life
  • After 30 years, Jeffrey MacDonald, who was notoriously convicted of murdering his family, may be freed from prison. A celebrated filmmaker explains why he believes in MacDonald’s innocence.
  • Bill in Pennsylvania to compensate the wrongfully convicted

Thursday’s Quick Clicks…

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Friday’s Quick Clicks…

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  • Mississippi Innocence Project close to solving cold murder case that authorities have not been able to solve
  • Documentary film raises awareness of wrongful convictions in the Philippines
  • William Lopez freed in NYC after federal judge throws out conviction, saying case was “rotten from Day 1.”
  • Review of documentary film West of Memphis
  • Bennett Barbour was exonerated in Virginia and then died of cancer before he could be compensated, leaving family with unpaid legal bills; now a bill is pending to compensate the family
  • Review of play Innocence Lost
  • Duke Innocence Project seeks to exonerate Charles Ray Finch

Vigilante justice goes high-tech in Ohio

Emotions often run high in criminal cases, and the higher they run the greater the likelihood that a defendant may be wrongly convicted.

History is replete with news-media fueled hysteria leading to false allegations and convictions. The 1915 lynching is Leo Frank is one early example. More recently, we saw that in 1989 wrongful convictions explored in the searing new Ken Burns documentary, The Central Park Five, and in the false rape charges filed against three members of the Duke University lacrosse team in 2006.

Another possible injustice is currently unfolding in the Steubenville, Ohio, rape case of two members of the popular Steubenville High School football team. The alleged alcohol-fueled rape of an unconscious 16-year-old girl at a party while other boys supposedly watched and did nothing, has set off an international firestorm.

What makes the media conflagration different in this case is that it has been fueled by bloggers and hackers who contend that other boys should be charged and that authorities are trying to cover up other wrongdoing by people associated with the football team.

Contrary to the narrative perpetrated in the cybersphere, law enforcement was not dismissive of the allegations. The alleged rape occurred on August 11. The girl’s mother reported it to police on August 14. Charges were filed on August 27, the same day that local authorities requested the assistance of the Ohio attorney general’s office for additional investigation.

But that wasn’t good enough for some, particularly a purported local member of the international hacker collective Anonymous who calls himself K.Y.

K.Y. has released a lot of information (and some misinformation) on his LocalLeaks web site. He also has threatened to release the social security numbers and other personal information of people he believes have information on the rape if they don’t come forward.

While some of the information K.Y. has thus-far released might be helpful, much of it seems to be fueled by personal animosity and to have been obtained illegally. (Like some cops and prosecutors, K.Y. apparently feels it’s OK to break the law to make others pay a price for breaking the law.)

This is a new frontier in media-fueled rushes to judgment. While some, including Erika Christakis have expressed concern about this new form of vigilante justice, many in the traditional media have followed the social media’s lead.

What makes this particularly frightening is the instant worldwide distribution via social media of unproven allegations by a masked man who doesn’t mind destroying the reputations of teenagers who may have had nothing to do with the rape in question.

To anyone who cares about justice and the rights of the accused to a fair trial, CNN correspondent Gary Tuchman’s interview with K.Y. should be a cause concern. ”We aren’t the judge nor the jury, but it’s fair to say we are the executioner,” K.Y. said of Anonymous. The hacker added that, because some of the people have ”incriminated themselves” in online tweets and postings, there is no real need to wait for the courts to decide on their guilt or innocence. ”If you think they are guilty, that’s because your conscience is telling you they are guilty,” K.Y. said. Case closed.

Trials often lead to unjust results, particularly in emotionally charged cases. But trials sure beat having the accused subjected to a high-tech lynching by a self-anointed ”executioner” hiding behind a Guy Fawkes mask.