Category Archives: investigations and investigation techniques

“Automatic” Justice? Is Technology Eliminating the Presumption of Innocence?

A recent legal research paper from the School of Law at Queen Mary University of London has raised the issue of technology’s impact upon the criminal justice system, and how its effect may be replacing presumption of innocence with presumption of guilt. A truly frightening prospect. You can download the paper here: Automatic justice? Technology, Crime and Social Control.

The nature of evidence in the justice system has steadily been evolving to be ever more founded in technology, be it legitimate and proven technology … or not. And the tendency is for the prosecution (and police) to say, “We have ‘scientific’ evidence of your guilt; therefore, you are guilty.”

And here’s the problem: much of this “technology” has not been verified and statistically validated. It just gets presented in court as “science,” and judges, lawyers, and juries don’t have a clue as to whether or not it’s actually accurate or relevant. How do you know the latest “computer app” is actually true and accurate? You don’t. We’ve seen frequent examples of so-called forensic “science” being proven wrong. Just three of these would be compositional analysis of bullet lead (CABL), microscopic hair comparison, and bite marks. There are currently thousands of cases under re-investigation as a result of scientifically flawed FBI hair comparison work and testimony. There are some infamous cases of fingerprint identifications being wrong; one of these being the case of Brandon Mayfield. Most people, (including lawyers) don’t understand that there is huge margin for error in locating a cell phone through cell towers.

The agents of the justice system – lawyers, judges, police, and especially juries – have been notoriously ignorant regarding the scientific, technological, and mathematical issues of evidence. This is why so much of the justice system depends upon so-called  “experts” to try to understand and explain what all the technology means; but, these experts, often self-styled, may be legitimate — or they may not be. Unfortunately the lawyers, judges, and juries have no way to tell. Defense attorneys will most commonly not technically question (cross examine) prosecution “experts.” This is too bad, because, in my opinion, a technically knowledgable and logically-penetrating defense attorney could just “take apart” many prosecution “experts” – even medical doctors. The typical legal defense strategy is to present “your own” expert, which puts the poor jury in the position of having to decide which of the dueling experts to believe. All this, unfortunately, leaves the justice system, and the defendant, at the mercy of “experts,” and there is no scientific way built into the justice system to sort through which “science” is true and correct, and which is junk – and which experts are truly expert, and which are charlatans.

From the conclusion of the paper: “Our deepest concern is the emergence of a potentially unfettered move towards a technologically driven process of ‘automatic criminal justice.’”

We – all of us – have a problem. The justice system was never conceived or designed to comprehend the explosion of technology. And the lawyers and judges are not trained or prepared to deal with it. It’s a problem.


A Broken Justice System – Cases in Point – Part 2 – The Case of Courtney Bisbee


From time to time, I become aware of cases that are particularly good examples of the flaws, the problems, the shortcomings, the failures, and the actual injustices of our so-called justice system (that I have been writing about here for the last 3 1/2 years). This is Part 2 of what is intended to be a continuing series highlighting these cases. These cases have been selected as representative and demonstrative examples, but be aware they are just the “tip of the iceberg.” This kind of stuff is happening every day in every state. You can see Part 1 here.

[Note: To the best of my knowledge, everything in this article is a matter of public record. If it can be shown that there are any misstatements, I will immediately post a retraction and an apology. This article has been reviewed and approved for posting by both Courtney Bisbee and her family.]


“Part 2” is the case of Courtney Bisbee in Arizona. Courtney Bisbee is a clearly innocent woman who was wrongfully convicted of improperly “touching” a male adolescent. There is compelling, documented evidence of Courtney’s innocence, but she continues to be incarcerated in Perryville prison in Arizona, where she has been for the last ten years. I’ve been studying this case for two years, and it is a “perfect storm” of what is broken and wrong with the justice system. At the end of the article, I’ll enumerate at least some reasons for this, and the list is long. Let me also comment that this is an overview of the case. The more deeply one digs into the details of this case, the murkier, the dirtier, and the more putrid it gets. We just don’t have the time or the space to cover all of that here., but I can say that, in general, it relates to the state of the justice system in both Arizona and Maricopa County. This is the kind of horror story that the average citizen would say “can’t happen here,” but it does.

Stephen Lemons, writing for the Phoenix New Times in 2008, wrote a comprehensive and detailed summary of Courtney’s case. See that story by Stephen Lemons here. If you have even a casual interest in the case, I suggest you read the article. Here’s an “abbreviated” version of the case:

Courtney Bisbee was raised in Michigan in a traditional family that worked hard, played by the rules, and was living the American dream; and had never had any exposure to the justice system. In 2004, she was a successful single mom of a 4 1/2 year old daughter, living and working in Scottsdale, AZ, and life was grand. She had begun a new job as a high school nurse, while completing the final weeks of her master’s degree. A compassionate and caring person, she was even tutoring some troubled teens, and therein begin the problems, because two of these troubled teens had an even more troubled non-custodial mother, with a prior criminal record.

To understand the details of the alleged incident, I refer you to the Lemons article. But basically what happened was that the non-custodial mother of two of the teens Courtney had been mentoring learned, by accident, that the boys were secretly living with another family while their custodial father was completing work-furlough for DUI. She was irate about this, and after learning that Courtney had been at this family’s house with her two sons and several other teens, cooked up a plot to sue for money based upon Courtney’s allegedly “touching” her 13-year-old son inappropriately. She even consulted several attorneys prior to ever taking her son to talk to the police.

After the accusation was made, Courtney was arrested at her home by a SWAT team, without a warrant, and in front of her 4 1/2-year-old daughter. This was after the detective on the case, just prior to her warrantless arrest, had illegally searched Courtney’s home, also without a warrant, confiscating her computer and her camcorder. And because that same detective later lied to the Grand Jury about the case, Courtney was held non-bondable for 66 days, until a second Grand Jury could be convened, which was forced by her initial attorney. Only then was she able to be released on $100,000 bond in this “he said – she said” case.

The only detective on Courtney’s case clearly went into it with the presumption that she was guilty, failing to thoroughly investigate, and concocting his own information to support his preconceived belief. This included not following established rules and protocols for interviewing children (Multidisciplinary Protocol.2003), badgering and coercing Courtney during her lengthy interrogation, lying to the Grand Jury, and lying in court. He also did not investigate one critical, verifiable fact that would have disproved the “victim’s” story (see the Lemons article), and would have, most likely, resulted in Courtney’s acquittal.

From the onset, the prosecution employed a “win at all cost” strategy to obtain a a conviction in Courtney’s “high profile” case. At that time, the Maricopa County Attorney had been conducting a five year “witch hunt” reign of terror, even investigating and charging sitting judges and county supervisors who he believed had “crossed him.” Please see the very revealing American Bar Association Journal article about this prosecutor here. He openly boasted about his 200,000 felony convictions. Also at that time, there was a nationwide moral panic going on about the safety of children in schools, and this was a hot-button political issue for the prosecutor; resulting in a rush to judgement based upon false allegations with no presumption of innocence. Courtney was clearly a victim of all this, and her family has documented multiple instances of prosecutorial misconduct during the course of the investigation and trial in the prosecution’s drive to rack up another politically advantageous conviction.

At trial, Courtney was represented by an expensive but inadequate attorney from a well known Phoenix law firm who presented a lackluster defense. This attorney had coerced Courtney into opting for a bench trial. He even failed to call a key defense witness who was there waiting in the court house to testify during the trial, and who had exculpatory testimony to give.  This witness had been present when two of the state’s key witnesses had discussed the fact that the accuser was lying, and that nothing ever happened between Courtney and the alleged victim. In my opinion, this very well could have changed the outcome of the trial. Also in my opinion, this was just boneheaded legal incompetence. (Either that, or it was intentional. I’m sure we’ll never know. Why would he not call this witness?)

In 2006, the bench trial judge, who had been under investigation by the Maricopa County Attorney, ultimately found Courtney guilty, and imposed the mandatory minimum sentence plus one year – 11 years.

In 2007, the state’s key trial witness, the “victim’s” older brother, who was present at the time of the alleged incident, came forward with a sworn affidavit stating that he had lied in court during Courtney’s trial, that his brother had lied in court, and that the whole case was a scam for money perpetrated by their mother. Additionally, the “victim’s” (accuser’s) best friend was deposed by Courtney’s civil attorney, and stated under oath that the victim had confessed to her several times that nothing ever happened between Courtney and him, and that his mother was making him do it for the money. I have read the transcript of the deposition, and it is unequivocal; and what’s particularly striking about this is that the prosecutor was present for the deposition, and has failed to take any action as a result of it. This just makes my brain explode. This affidavit and the deposition have yet to be acknowledged or considered by a court. The Maricopa County Attorney’s Office has steadfastly ignored all this new evidence. Phoenix Fox News 10 did a story about the older brother’s affidavit recanting his testimony, saying that nothing ever happened, that his brother (the alleged victim) was also lying, and that their mother made them do it so she could sue for money. See that video here. In the video you’ll see Courtney sobbing as she declares her innocence and begs the judge not to separate her from her daughter; and maybe it’s my imagination, but I could swear the judge is actually smirking.

When Courtney was tried, convicted, and sent to prison in 2006, her parents lived in Atlanta. They moved to Phoenix with the idea that it would take them a year or two to get Courtney out of prison. They would ultimately have to sell Courtney’s and their homes, close their successful businesses, and cash in many of their assets to pay for Courtney’s failed defense. Ten years later, they are still in Phoenix, and Courtney is still in prison. Over this time period, they have dealt with a veritable parade of attorneys, none of whom have actually accomplished anything – except for collecting their fees. This was up until the point that her New York City attorneys were retained and filed her Writ of Habeas. Courtney has had an absolutely compelling habeas petition pending before the court for the last 2 1/2 years, but it is yet to be heard. I’ve read the petition, and it’s very well done, and anybody who reads it has to say, “Wait a minute. There’s something very wrong with this conviction.”

And here’s the real kicker. The people in this case who actually committed crimes – false accusation, perjury – get off scot-free. And the prosecutors, the judge, and the lawyers all suffer no consequences whatsoever. And they were all, all, complicit in sending an innocent mother to prison. And on top of all that, Courtney has been separated and alienated from her daughter by an antagonistic ex-husband, and has neither seen nor heard from her daughter in over 10 years.

What I believe this case exemplifies and demonstrates is ….

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Ohio Moving to Curtail Civil Asset Forfeiture

In many states, including Ohio, the police may seize and keep a person’s assets merely with evidence that “wrongdoing” has occurred. This includes cars, houses, boats, and cash. A person does not have to be convicted of a crime to suffer civil asset forfeiture, and in many instances “evidence of wrongdoing” is very subjectively interpreted by the police.

There is currently a bill moving through the Ohio legislature that would curtail this practice, and if passed, would require a conviction before the police could keep seized assets.

See the WCPO Cincinnati story here.

Criminal Law 2.0, by The Hon. Alex Kozinski (Why the US Justice System Really Isn’t Just)

Alex Kozinski is a judge on the U.S. Ninth Circuit. He has recently authored an article for the Georgetown Law Journal, which he simply titles “Criminal Law 2.0.” It is a comprehensive review and critique of the flaws and shortcomings of the current US justice system. My opinion is that this article is a masterpiece, a classic. Here is an experienced, seasoned, knowledgable justice system “insider” who has “figured it out.” And not only has he figured it out, but he also has some very good ideas about fixing the problems, or at least some of them. You can see the full text here: Kozinski, Criminal Law 2. I strongly encourage reading the full article.

Here is a topical summary: (Please see the full article for Judge Kozinski’s discussion of each point.)

A. The myths that cause us to think that the justice system is fair and just, when it’s really not.

  1. Eyewitnesses are highly reliable.
  2. Fingerprint evidence is foolproof.
  3. Other types of forensic evidence are scientifically proven and therefore infallible.
  4. DNA evidence is infallible.
  5. Human memories are reliable.
  6. Confessions are infallible because innocent people never confess.
  7. Juries follow instructions.
  8. Prosecutors play fair.
  9. The prosecution is at a substantial disadvantage because it must prove its case beyond a reasonable doubt.
  10. Police are objective in their investigations.
  11. Guilty pleas are conclusive proof of guilt.
  12. Long sentences deter crime.

B. Recommendations for reform – Juries

  1. Give jurors a written copy of the jury instructions.
  2. Allow jurors to take notes during trial and provide them with a full trial transcript.
  3. Allow jurors to discuss the case while the trial is ongoing.
  4. Allow jurors to ask questions during the trial.
  5. Tell jurors up-front what’s at stake in the case.
  6. Give jurors a say in sentencing.

C. Recommendations for reform – Prosecutors

  1. Require open file discovery.
  2. Adopt standardized, rigorous procedures for dealing with the government’s disclosure obligations.
  3. Adopt standardized, rigorous procedures for eyewitness identification.
  4. Video record all suspect interrogations.
  5. Impose strict limits on the use of jailhouse informants.
  6. Adopt rigorous, uniform procedures for certifying expert witnesses and preserving the integrity of the testing process.
  7. Keep adding conviction integrity units.
  8. Establish independent Prosecutorial Integrity Units.

D. Recommendations for reform – Judges

  1. Enter Brady compliance orders in every criminal case.
  2. Engage in a Brady colloquy.
  3. Adopt local rules that require the government to comply with its discovery obligations without the need for motions by the defense.
  4. Condition the admission of expert evidence in criminal cases on the presentation of a proper Daubert showing.
  5. When prosecutors misbehave, don’t keep it a secret.

E. Recommendations for reform – General

  1. Abandon judicial elections.
  2. Abrogate absolute prosecutorial immunity.
  3. Repeal AEDPA § 2254(d). (Antiterrorism and Effective Death Penalty Act)
  4. Treat prosecutorial misconduct as a civil rights violation.
  5. Give criminal defendants the choice of a jury or bench trial.
  6. Conduct in depth studies of exonerations.
  7. Repeal three felonies a day for three years. (Refers to the fact that there are too many vague, overlapping laws on the books.)

I would add two more to the General category:

•  Have all trial counsel, prosecution and defense, sworn in at the beginning of every trial.

•  Abandon political election of prosecutors.

Why so Many “Confessions” in Shaken Baby Syndrome Cases?

In suspected SBS cases, the child abuse pediatricians (CAP’s) and the police are perfectly willing to coerce a confession out of you, and they have circumstances on their side, because you are at your most vulnerable. You are terribly concerned about the condition of your child, or worse yet, your child has just died. (See our previous post on child abuse pediatricians here: The Child Abuse Pediatrician (CAP) – Just Another Term for Medical “Cop”)

We’ve posted about SBS “confessions” before. See Shaken Baby Syndrome (SBS) – A CBS Report: Blaming Melissa for the coerced “confession” of Melissa Calusinski. See Scenes of a Crime – A Documentary of a False Confession and Blatantly Coerced Confession Results in Conviction Reversal for the coerced “confession” of Adrian Thomas.

Washtenaw Watchdogs (Washtenaw County, MI) has just published an investigative report article on their website dealing with this very issue. It’s very powerful. See it HERE.

Vietnam: Government debates problem of wrongful convictions

In yet another encouraging sign the the ‘problem’ of miscarriages of justice is starting to be taken more seriously globally – the National Assembly of Vietnam has this week been debating the issue of wrongful convictions. In a courageous move, auntitled standing committee looking at wrongful convictions and compensation, admitted that while most investigations and prosecutions were carried out in adherence with rules and upheld human rights, there were some ‘weaknesses and shortcomings’. The report states that between October 1, 2011 to September 30, 2014, there were 71 wrongful convictions – a rate of 0.02 per cent. Although a ‘small’ number, they admitted: “Some serious cases created extreme anxiety among the public, eroding many people’s confidence in our justice system and damaging the prestige of our law enforcement agencies.”. However, with 80% of trials in Vietnam taking place with NO defence counsel, and the country still reportedly ‘trying hard’ to eradicate torture and coerced confessions, it may be questionable how the figure of 71 was reached… and it’s accuracy. Despite this scepticism, it is still heartening that such reports are being published. Read more here…

Miscarriages of justice in Vietnam are serious: legislators

NA debates wrongful convictions


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 B.C.


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 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.

Constructing Rich FALSE Memories of Committing Crime

We have reported numerous times before about how malleable human memory can be (here and here) and on the dangers of the Reid Technique of interrogation that arise from this (here and here).

On Feb. 3, Mark Godsey posted this article from the LawTimesNews describing the resesarch of Prof. Stephen Porter and Julia Shaw.  The study demonstrated that it is relatively easy to get people to “remember” details of a crime they never committed.

Our sincere thanks to the publisher of the study, SAGE Publications, for allowing us to post a link to the full text of the research article.  The link will be active until March 5, 2015.  See the full text here:  Constructing Rich False Memories of Committing Crime.

This excerpt from the abstract of the article:  “It appears that in the context of a highly suggestive interview, people can quite readily generate rich false memories of committing crime.”  And of course, for the term “highly suggestive interview” we can substitute “Reid Technique.”


Thursday’s Quick Clicks…

National Academy of Sciences Releases Landmark Report on Memory and Eyewitness Identification, Urges Reform of Police Identification Procedures

The Innocence Project has posted a notice on its website, with a link to a press release, about the recently released report by the Nation Academy of Sciences on memory and eyewitness identification.

From the report:  “the legal standard that most courts use regarding the admissibility of eyewitness testimony was established before most of the scientific research was conducted.”

The report endorses the following procedures for police lineups:

  • Blind Administration — Research shows that the risk of misidentification is sharply reduced if the police officer administering a photo or live lineup is not aware of who the suspect is. This prevents the witness from picking up intentional or unintentional clues from the officer conducting the lineup.
  • Confidence Statements — Immediately following a lineup, the eyewitness should be asked to describe in his or her own words how confident he or she is in the identification. As the report notes, the level of confidence a witness expresses at the time of trial is not a reliable predictor of accuracy. Having the witness describe their level of confidence at the time an identification is made will provide juries with a useful tool for judging the accuracy of the identification.
  • Instructions — The person viewing the lineup should be told that the perpetrator may not be in the lineup and that the investigation will continue regardless of whether the witness identifies a suspect.
  • Videotape the procedure — The report recommends that police electronically record the identification procedure to preserve a permanent record of the procedure.

Most recent data from the National Registry of Exonerations shows that for the 1,467 wrongful convictions currently in the registry, 35% had mistaken eyewitness identification as a contributing factor.

See the Innocence Project posting here.

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.


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.

Thursday’s Quick Clicks…

  • The Exonerated (the play) in ebook format
  • From the AP:  The Texas state fire marshal has volunteered to turn over more than a decade of his office’s casework to advocates so they can examine them for wrongful convictions.  Fire Marshal Chris Connealy has been working with the Innocence Project of Texas for more than a year to review old cases.  But now he’s sent 24 cases from 2002 to 2004 to the Innocence Project so the Lubbock-based group can vet his office’s work, with a pledge to turn over all of his more recent case files. He says it’s an important step for the public “to have confidence in the criminal justice system.” Several high-profile arson cases have come under scrutiny in Texas, including that of Cameron Todd Willingham, executed for the fire deaths of his three daughters.
  • Oscar nominated director to direct The Brian Banks Story
  • Two new books about wrongful conviction by Morrison Bonpasse
  • Summary of Amanda Knox appeal
  • The latest from the Innocence Project of Singapore

New technique may be able to date fingerprints

A key factor in the dubious conviction of Texan Kerry Max Cook in a 1977 rape and murder case was testimony of a police officer that the age of Cook’s fingerprints at the victim’s apartment near Cook’s put him there at the time of the murder. The officer later admitted that he knew his testimony was not supported by science but that the prosecutor pressured to make the statement anyway.

Now the prosecutorial science fiction of the 1970s may be on thee verge of becoming a scientific fact. As Discovery News reports here, Dutch scientists say they have discovered how to accurately date fingerprints. If true, the discovery could let police place a suspect at the scene at the time a crime was committed or help defense investigators prove that the prints were left there well before or after the event.