Category Archives: investigations and investigation techniques

Case highlights harmful impact of flawed FBI hair testimony

The Guardian has effectively put a human face here on the tragedy of the FBI’s admission this week that its agents presented flawed testimony in almost every trial in which they testified against criminal defendants for more than two decades before 2000.

The face is that of George Perrot, whose case was previously covered on the Wrongful Convictions Blog here and in which, it should be noted, this writer has played a small role.

Perrot was convicted as a teenager on rape charges in 1985 greatly on the testimony of FBI agent Wayne Oakes that a hair found on the victim’s bed was similar to a known sample of Perrot’s hair. It didn’t matter to the jury that the elderly victim said that the rape didn’t occur on the bed or that the long-haired, bearded Perrot didn’t resemble the short-haired, clean-shaven man who raped her. Oakes’ testimony was enough, an appeals court later ruled, to put Perrot behind bars, where he has languished for 30 years.

Thanks to the pro-bono work of the Ropes & Gray law firm, Perrot is back in court trying to clear his name, but Massachusetts prosecutors are still defending his conviction. They say Perrot did not file his claim in a timely manner and that there is other evidence of his guilt — a common refrain that many others convicted on the FBI’s hair-comparison testimony are sure to hear in the coming months and years as their cases make it into court.

The Innocent Citizen’s Justice System Survival Guide

“Ours is a world in which justice is accidental, and innocence no protection.”     Euripedes, 400 BC.

———————————————————————————————–

I come from a legal family, so even though I did not go into law, I’ve had a closeup view of the justice system my entire life, which is, I think, one of the reasons I decided to devote my post-corporate life to innocence work. I saw too many things happening that were not congruent with my view of what a fair and just system should, and must, be. For the past seven years, I’ve been deeply involved in innocence work, and have become knowledgeable about the details of many, many cases (100’s) of wrongful conviction and wrongful imprisonment. Consequently, I’ve seen many ways in which actually innocent people become tragic victims of what we call “justice.” There are just so many ways the justice system can get it wrong. This has caused me to think about what it is that an innocent person can (and should) do when accusatorially confronted by this thing we call the justice system. [You might want to also read my previous post Why I Think the US Justice System is Broken, and Why It’s Not Getting Fixed.]

If you think being wrongfully charged, indicted, convicted, and imprisoned can’t happen to you, think again. It can happen to anybody. Just ask Debra Milke. The ways this can happen are countless, and despite the system’s best efforts, there are just too many ways the system can possibly get it wrong. I could give you lots of examples, but we won’t try to detail them here – just take a look at the National Registry of Exonerations, and keep in mind these are only the ones that have been so far successfully overturned within the system – there are magnitudes more. This article will try to give you some “suggestions” for what you might do if you find you’re being wrongfully suspected or charged with a crime. For those of you who have had no close interaction with the justice system, you might well think that I’m being radical and that I must come from somewhere in outer space … and you can think that right up until you get scooped into the meat grinder. Let me me just say, “Forewarned is forearmed.”

This article will be in six sections:

I.  Have a Lawyer You Can Call

II. Don’t Talk to the Police

III. The Plea Bargain

IV. Be Ready for Trial

V. Shaken Baby/Child Abuse (Abusive Head Trauma)  [This requires special attention and treatment.]

VI. If You Are Wrongfully Convicted

DISCLAIMER: I am not an attorney, and so cannot give you legal advice. These suggestions are only my personal opinion, and are solely the result of my exposure to the justice system and wrongful convictions over a period of years. They come with no guarantee. Every situation is unique, and you must always exercise your own judgment given the circumstances. They are just intended to get you thinking about how you would handle the situation of being wrongfully accused, and to give you some information about how the system works. I am certain that they cannot cover every possible situation, but hopefully, they will provide an overall, general guide for how you might deal with this. 

Continue reading

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.

 

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!

Shaken Baby Syndrome (SBS) – A CBS Report: Blaming Melissa

Melissa Calusinski was convicted in 2012 of murdering 16-month-old Benjamin Kingan at a day care center in Lincolnshire, IL by throwing him to the floor.

She “confessed” after a 10-hour interrogation, but has always maintained her innocence.

CBS “48 Hours” will air a report on the case Saturday, Feb. 28 at 10:00 PM EST.  See a preview here.

See the Chicago Tribune story from March, 2012 here.

Dog Scent Arson Detection – and Charging

pointerWe’ve posted before about “dog scent lineups.”  See those posts here and  here.  They’ve been called “the worst of the junk sciences.”

I can do naught but shake my head.  I thought we had seen the last of it, but this stuff is still going on. In Maricopa County, AZ, not one, but two, people were charged with setting their own houses on fire, based upon bogus dog scent evidence which was solely the result of unethical conduct by the Phoenix Fire Department investigators involved. An independent, professional fire investigator confirmed without question that the fires were NOT arson.  The charges against both were eventually dismissed, but not before one of them spent 16 months in jail.

See the aol.com Inside Edition story here … it should make you angry.

And here’s the kicker.  Despite the recommendation of six felony charges, the prosecutor declined to bring any charges against the dishonest fire department employees, and they are both still employed by the department.

Looks like the “good ol’ boy” network is alive and well in Maricopa County.