Category Archives: Police conduct (good and bad)

Magazine Editor Says “Innocence Fraud”–When Innocence Organizations Free Guilty People–Is a Threat…

I’m posting this because it’s important to always understand fully the fear that threats to the status quo create:

From PRWeb.com:

‘Innocence Fraud is Real’ Warns Crime Lab Report’s Chief Managing Editor

This and other preliminary findings of a study titled ‘The Innocence Audit’ were delivered by John M. Collins Jr., the Chief Managing Editor of Crime Lab Report, at the annual symposium of the American Society of Crime Laboratory Directors (ASCLD) on Thursday, April 30, 2015 in Washington, D.C.

The ends cannot justify the means when the means are fraudulent.

Washington, D.C. (PRWEB) May 06, 2015

A stern warning was issued to crime laboratory administrators that some post-conviction exonerations may have been secured by innocence activists using malicious tactics, or ‘innocence fraud’, creating potential public safety threats as convicted felons are released from prison.

The comments were made by John M. Collins Jr., the Chief Managing Editor of Crime Lab Report, in a speech detailing the preliminary findings of a study titled ‘The Innocence Audit’ at the annual symposium of the American Society of Crime Laboratory Directors (ASCLD) on Thursday, April 30, 2015. The event was held at the Wardman Park Marriott in Washington, D.C.

“Exonerations are extremely serious,” Collins told the audience of approximately 150 guests on the final day of the symposium. “For our criminal justice system to go back and say that the decision of a judge or jury who decided to put a particular individual in prison [was wrong] . . . and suddenly say that the individual shouldn’t be there – and is therefore free to return to life in the public – is very, very serious.”

Collins cited the 2003 exoneration of Steven Avery in Wisconsin as evidence of the public safety significance of exonerations. After being convicted of a 1985 rape in Manitowoc County Circuit Court (86-1831-CR), Avery was released from prison 18 years later with the help of the Wisconsin Innocence Project. But in 2005, two years after his exoneration, Avery was again convicted in Manitowoc County (05-CF-381) for the brutal killing of a young female Auto Trader Magazine photographer.

Collins said the strongest audience reaction seemed to come from his showing of crime scene photographs from the 1991 murder of Jacquetta Thomas in North Carolina. A white Nissan Pathfinder belonging to Gregory Taylor was found stuck in mud within close proximity of the victim’s body. Gregory Taylor was eventually convicted in 1993 in Wake County Superior Court (92CRS7128, 92CRS30701), but exonerated in 2010 and awarded $4.6 million dollars in post-conviction relief. Despite considerable evidence against him, Taylor was exonerated following what Collins argued was a coerced confession of a wayward prison inmate who had a history of confessing to crimes he didn’t commit.

Collins, who has studied overturned convictions for over a decade, also urged new research priorities to better understand what causes erroneous convictions. Among his recommendations was a call to evaluate drug use and addiction on the part of erroneously convicted felons, which Collins says is a “clear and consistent trend” worthy of study.

In the mean time, Collins hopes that The Innocence Audit will open people’s eyes to what goes on behind the scenes when activists are fighting to secure exonerations. “Our study is producing evidence that Innocence Fraud is real,” Collins says. “But it can be corrected with education and better standards of care for post-conviction activists and litigators. The ends cannot justify the means when the means are fraudulent.”

Crime Lab Report, now in its 9th year, is an independent quarterly publication focusing on media and industry affairs in forensic science. It is edited and distributed by the Forensic Foundations Group, which is based near Lansing, Michigan.

For more information about The Innocence Audit, or to make a donation in support of Crime Lab Report’s ongoing research, please visit http://www.crimelabreport.com/innocenceaudit.

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.

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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.

 

Thursday’s Quick Clicks…

Ohio Innocence Project Nets Another Triple Win; Defendants to Be Freed After 18 Years in Prison

From University of Cincinnati press release:

UPDATE:  All 3 inmates were released the same day as this press release

Legal advocacy from the Ohio Innocence Project at the University of Cincinnati has helped set three men wrongfully imprisoned for murder on the path to freedom.
Date: 3/26/2015 11:00:00 AM
By: Sherry English
Phone: (513) 556-0060

Photos By: Ohio Innocence Project and Mark Bealer

UC ingot   CINCINNATI — Today three men are one step closer to freedom after being wrongly incarcerated for 18 years. Derrick Wheatt, Laurese Glover and Eugene Johnson had their convictions for the 1995 murder of Clifton Hudson Jr. thrown out after nearly a decade of legal advocacy from the Ohio Innocence Project (OIP).

Derrick Wheatt in court
Derrick Wheatt, shown here, Laurese Glover and Eugene Johnson had their convictions thrown out with help from the Ohio Innocence Project at UC. (Mark Bealer photo)

Judge Nancy Margaret Russo, Cuyahoga County Court of Common Pleas, threw out the conviction, granted a new trial and set bond. The OIP expects bond to be met today, which will result in their clients’ immediate release.

Their impending freedom comes after a key eyewitness recanted her testimony and the revelation that information from police reports that cast doubt on the defendants’ guilt had not been disclosed to the trial team years earlier. Today’s win marks the second triple exoneration for the Ohio Innocence Project, which operates out of the University of Cincinnati’s Rosenthal Institute for Justice in the College of Law. When the trio are released, the OIP will have freed 23 people on grounds of innocence, who together served more than 500 years in prison for crimes they did not commit.

“We’re excited about today’s event, but even more excited for our clients,” said Mark Godsey, the Daniel P. and Judith L. Carmichael Professor of Law and Director, Lois and Richard Rosenthal Institute for Justice/Ohio Innocence Project. “They have been fighting to prove their innocence for nearly 20 years. They had tried for exoneration twice before, and had come close in the past. OIP has worked on the case since 2006, and are happy to be with them as they finally taste their long-sought freedom.”

The OIP represented defendants Wheatt and Glover; Johnson was represented by attorneys Brett Murner and Jim Valentine. Additionally, co-counsel on this case was Carmen Naso, Senior Instructor of Law, and the law students at the Milton A. Kramer Law Clinic, Case Western Reserve School of Law in Cleveland, Ohio. The OIP at UC and Kramer Law Clinic partnered on this case and plan to work together on additional cases in the future.

“UC donors who contributed to the UC OIP’s tremendous success provided case workers with the funds needed to facilitate their pursuit of justice,” said UC Foundation President Rodney M. Grabowski. “Since its founding in 2003, more than 600 donors have contributed more than $5.3 million toward the OIP’s efforts. We are forever grateful for their generosity.”

supporters of longtime inmates gather in the courtroom
Supporters of Derrick Wheatt, Laurese Glover and Eugene Johnson gather in the courtroom after the news came that the trio’s convictions have been thrown out.

A Murder Many Years Ago
On Feb. 10, 1995, in East Cleveland, Ohio, 19-year-old Clifton Hudson Jr. was found murdered, shot multiple times. At the time, witnesses reported seeing a person wearing dark clothing and a dark hat at the scene. Three juveniles — Wheatt, Glover and Johnson — happened to be near the scene. But, they emphasized, when the shooting started, they sped off. All three later provided the police with descriptions of the shooter that matched the basic descriptions given by other witnesses. But in a twist of events, they were charged with the crime.

A year later in 1996, the three were convicted of Hudson’s murder, based on their presence at the scene and identification by Tamika Harris, then a 14-year-old. Harris originally reported to police that she saw the shooter get in and out of the defendants’ truck; but, she insisted, she never saw the shooter’s face. It was this tip, though, that led to the group’s initial arrest.

At the trial, Harris changed her story, admitting that she never saw the shooter actually get in or out of the truck. She testified, however, that she could positively identify Eugene Johnson as the shooter. Additionally, the prosecution found what it alleged to be gunshot residue on Wheatt and Johnson. They offered to completely drop charges against Glover if he testified against his friends and also offered Wheatt probation for his testimony. Both refused and continued to assert their innocence. Unfortunately, they were convicted; Wheatt and Johnson were sentenced to 18 years to life in prison; Glover was sentenced to 15 years to life.

Finding Grounds for a New Trial
Through the years the three men continued to maintain their innocence. Then in 2004, Johnson’s attorneys, Murner and Valentine, filed a motion for a new trial on the grounds that Harris had recanted her testimony. Now an adult and in nursing school, she admitted she could not see the shooter’s face from where she stood and that she never saw anyone get in or out of the truck.

three defendants enter the court room
From left, Eugene Johnson, Derrick Wheatt and Laurese Glover enter the courtroom at the Cuyahoga County Court of Common Pleas in Cleveland. (Mark Bealer photo)

She relayed that when she went to the police station years earlier, the officers told her they had found the people responsible, showed her photos of the three defendants, and asked which of the three was the shooter. Harris said she picked the one whose jacket was closest to the one she saw: Johnson’s. Though the trial court granted a new trial on this basis, it was overturned on appeal, in part because of the alleged gunshot residue evidence.

Two years later in 2006, the OIP accepted the case. Attorneys and fellows spent hundreds of hours reviewing evidence, interviewing potential witnesses and filing motions. In fact, Brian Howe, now the attorney of record, previously worked on this case as an OIP fellow.

In 2009, OIP attorney David Laing filed another new trial motion based on advancements in knowledge about gunshot residue. Specifically, the type of testing used in 1995 is known to be particularly prone to false positives from other items, and is no longer used by the FBI.  Further, recent studies showed the high likelihood of gunshot residue contamination from police sources, especially when the tests are not performed on scene or immediately upon arrest. This motion, however, was denied.

Late in 2013 a break in the case came when the OIP received the police reports. The reports included information that was not raised at the original trial, including the existence of two witnesses who confirmed that the shooter came from a nearby post office lot, not the defendants’ truck.  One of those witnesses even claimed he recognized the shooter as a sibling of one of his classmates. The reports also showed that unknown people in a different car had shot at the victim’s brother just days before the crime, and that someone had threatened the victim himself the day before the murder. There was no known connection between any of those threats and the defendants.

The OIP, on behalf of the defendants, filed another new trial motion on the basis that this information was never disclosed to the defense. A hearing on the motion was held on Jan. 29, 2015, led by OIP attorney Brian Howe and the Kramer Clinic’s Carmen Naso. “The evidence at the hearing was overwhelming,” said Howe. “None of these men should have ever been convicted.”

three defendants and their defense team in court
The Ohio Innocence Project has worked for nearly a decade to show that Eugene Johnson, Derrick Wheatt and Laurese Glover were wrongfully convicted. (Mark Bealer photo)

A Day Worth Waiting For
“This has been a long day coming for Mr. Johnson, Mr. Wheatt and Mr. Glover,” said Howe. “I know it must be an incredible feeling. It is particularly important and gratifying for me because I worked on the gunshot residue motions as an OIP fellow. It’s incredible to see all of our hard work come to fruition.”

Special thanks to the many individuals who spent hundreds of hours working on this case over the years. The list includes attorneys: Brian Howe, David Laing, and Carrie Wood; and student fellows: Shabnam Allen, Nicole Billec, Amanda Bleiler, Scott Brenner, Chris Brinkman, Chris Brown, Eric Gooding, John Hill, Matt Katz, Eric Kmetz, Amanda Rieger, Bryant Strayer, Queenie Takougang, and Brandon Brown, Amanda Sanders and Shaun McPherron, who spent significant time in East Cleveland last summer canvassing the neighborhood speaking to witnesses.

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!

Tuesday’s Quick Clicks…

Friday’s Quick Clicks…

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.

Weekend 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

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.”

 

Update on the National Registry of Exonerations

In case you haven’t been able to check in on the National Registry of Exonerations lately, here’s an excerpt from the most recent data.  Note the total is now up to 1,512, and the trend line is definitely UP.

exon dna non

exon cont fact

exon fact crime

I won’t belabor you by pointing out some of the more obvious observations.  Just a few minutes of study will (should) lead you to some very clear conclusions.

It has been reported that the folks at the Registry are hard at work trying to incorporate the exonerations being generated by the newly formed “conviction integrity units” (CIU’s).  For these cases the prosecutors running the CIU’s may not be very motivated to have their exonerations logged into the Registry.

I can’t gush enough about how critical and important this data is.  It is this kind of HARD DATA that will provide the foundation for much needed and long overdue justice system reform.

Wrongly Convicted NY Man Dies 4 Months After $7.5M Compensation

Dan Gristwood was convicted in 1996 of attempted murder for beating his wife with a hammer.  He signed a confession, that he did not write, after 16 hours of interrogation by the NY State Police.

In 2003, the real attacker, Mastho Davis, came forward and confessed. Gristwood was released in 2005, and ultimately awarded $7.5M for his nine years of wrongful incarceration.

Sadly, on January 3, 2015, four months after receiving payment, Dan Gristwood died from lung cancer.  See the ABC News story here.

The syracuse.com story about the case here is definitely worth a read, and reads like a script for the prototypical coerced confession.

In light of all the recent public – and police – furor about police conduct, and how they relate to the community, and how they should be respected, I can do naught but shake my head.  When the police do stuff like this, how can they claim any high ground in this discussion?  Dan Gristwood, after his release, said he thought the problem was a “few bad apples.”  That may very well be so, but guess what? Those “few” bad apples make the whole barrel stink.  And this problem belongs to the police – not the public.

Radley Balko’s Predictions for Civil Liberties in 2015

I suspect that most of the readers who tune in to this blog are familiar with Radley Balko, who writes for the Washington Post.  He has been writing about justice system issues for a number of years, and has authored the books Rise of the Warrior Cop – The Militarization of America’s Police Forces and Overkill: The Rise of Paramilitary Police Raids in America.

He has just issued his 2015 predictions for civil liberties in the US.  You might ask why civil liberties are being covered in the Wrongful Convictions Blog.  But I submit – wrongful conviction and wrongful incarceration (and, most of all, wrongful execution) are the ultimate civil rights violations.

His predictions are sobering – SOBERING – at best.  You can read them here: Horrifying Civil Liberties Predictions for 2015.

I encourage you to read all the way through to the end.  But if you find yourself running short of time, you HAVE to skip to the last paragraph.

Police Want to Revoke Exoneree Bennie Starks’ Certificate of Innocence

Bennie Starks was released from prison in 2006, after serving 20 years for a rape that DNA proved he did not commit.  He was fully exonerated in 2013, and was granted a Certificate of Innocence by the court.

Starks is now suing the Waukegan, IL police department and the forensic experts who falsely testified against him.  As a consequence of this law suit, the Waukegan police are trying to have Starks’ Certificate of Innocence revoked. Their fear is that the Certificate of Innocence will be a deciding factor in Starks’ civil law suit for compensation.

Dr. C. Michael (Mike) Bowers is a California dentist and enlightened forensic odontologist. He also edits a blog called Forensics in Focus.  Dr. Bowers was involved in the exoneration of Bennie Starks, and has posted his comments about this on his blog here.

Appeals Court Dismisses Debra Milke Murder Charges

We have previously posted about the Debra Milke case here and here.

Milke was originally convicted of murder for having her 4-year-old son killed. The conviction rested upon the testimony of a rogue cop, who claims she confessed to him, although there is no documented record of that confession, and Milke denies it ever happened. This officer had a history of substantial misconduct, and that record was withheld from the defense.

In a ruling just today – citing “egregious prosecutorial misconduct,” the Arizona Court of Appeals on Thursday ordered a Maricopa County Superior Court judge to dismiss murder charges against Debra Milke with prejudice, meaning they cannot be brought again.

See the azcentral story here.

Recent Rash of Exonerations Only the Surface: Many More Remain Wrongfully Imprisoned

By Jefferey Deskovic for The Huffington Post

Fernando Bermudez. Sami Leka. Jose Morales. Reuben Montalvo. Lazaro Burts. Kareen Bellamy. Anthony Ortiz. Frank Sterling. Roy Brown. Dennis Halstead. John Kogut. Eric Glisson. Jonathan Fleming.

Those are the names of 13 men that I personally knew and served time with who were exonerated either during my 16 years in prison or thereafter.

Last year there were 91 exonerations. This year there have been 90 thus far. To date there have been 1482 exonerations overall, only 321 of them being DNA related. Since taking office this past January, Brooklyn DA Thompson’s conviction integrity unit has exonerated 11 people.

Most experts estimate the percentage of wrongfully convicted prisoners to be 2 to 5% of the inmate population — that is 120,000 people. I deem the number to be closer to 15 to 20%.

In either case, what is causing the staggering number of wrongful convictions?

Rogue Law Enforcement. In Brooklyn, disgraced retired detective Scarcella was found to have used the same drug addict as the sole eyewitness in six different murder cases. Various news accounts say as many as 70 homicides he worked on are being reviewed.

Forensic Fraud. In Pennsylvania, forensic scientist, Annie Dhookhan, was sentenced to three to five years in prison and two years of probation after pleading guilty to 27 counts of misleading investigators, filing false reports, and tampering with evidence.

Additionally, forensic scientists are given financial incentives for giving prosecutorial favorable results that lead to conviction in North Carolina, Illinois, Alabama, New Mexico, Kentucky, New Jersey, Virginia, Arizona, California, Missouri, Tennessee, and Wisconsin.

Prosecutorial Misconduct. Lying to judges and juries about the existence of benefits and in some cases coercion to informants was a regular practice over the span of the 23 year tenure of former Brooklyn DA Hynes, as was withholding of evidence of innocence.

Junk science. For 40 years, FBI experts have testified in court about “bullet lead analysis” a procedure in which bullets found at a crime scene are tested for arsenic, tin, silver, and other contaminants or additives, and the findings were compared to analysis of bullets found in the possession of suspects. These experts claimed to be able to link one bullet to others from the same production run. For at least 20 years, FBI officials knew that there were no scientific underpinnings to this junk science — that in fact, there were no studies shown to determine how significant a “match” was.

Disgraced dog scent expert Preston came into courtrooms in Texas and Florida for over 20 years, stating that he had trained dogs which would bark if, after being given items to smell from a crime, the dog recognized the scent from a suspect’s item. Preston claimed that his dogs could smell human traces years or months after a suspect walked over the ground, on heavily trafficked streets, underwater, and even after hurricanes. He is not the only “expert” in this “field.”

In 2013, it was revealed that in 27 death penalty cases, FBI forensic experts may have exaggerated the scientific conclusions that were drawn from a so-called “match” between hair found at a crime scene and hair from a defendant.

Tire tracks, footprints, and bite marks are also junk science.

I served 16 years in prison, from the ages of 17 to 32, wrongfully convicted of a murder and rape in New York, despite the fact that the DNA never matched. I lost all seven of my appeals, including two of which now US Supreme Court Judge Sotomayor denied on procedural grounds for having been four days late despite my substantive innocence argument. Ultimately I was exonerated because further DNA testing identified the actual perpetrator, who killed another victim 3.5 years later.

Using $1.5 million dollars of compensation I received, I started The Jeffrey Deskovic Foundation for Justice to exonerate the wrongfully convicted in DNA and non-DNA cases, educate the public, elected officials, and criminal justice professionals on the causes of wrongful conviction and the reforms need to prevent them, and help the exonerated reintegrate. In two years time, we helped exonerate William Lopez, who had served 23.5 years, and helped 4 wrongfully convicted men reintegrate back into society by providing short-term housing, which enabled them to pursue further education, and in one case open a business.

This holiday season, while celebrating with friends and family, we hope you’ll take a brief moment to remember all those who remain wrongfully imprisoned.

To learn more about The Jeffrey Deskovic Foundation for Justice and how you can help, please visit here.