Category Archives: Police conduct (good and bad)

Militarized Police

The militarization of police scares the hell out of me.

How about you?

This from the NY Times: Get the Military Off of Main Street.

98-year-old woman seeks to overturn 1950 spying conviction

Hysteria often breeds wrongful convictions. The anti-communist hysteria of the 1950s McCarthy era undoubtedly led to some miscarriages of justice, and Miriam Moskowitz says her espionage conviction was one of them. Now 98, Moskowitz says she wants to clear her name while she still has time, and has asked a federal judge to throw out her 1950 conviction. You can read about the case here.

Monday’s Quick Clicks…

Dredging the Prosecutorial Muck in Orange County

From the OC Weekly:

Superior Court Judge Thomas M. Goethals, is set to issue an Aug. 4 ruling about whether prosecutors in the Orange County (CA) district attorney’s office (OCDA) and local law enforcement, including OCSD (Orange County Sheriff’s Department) deputies, cheated in hopes of securing the death penalty for Scott Dekraai, the shooter in the 2011 Seal Beach salon massacre — and, if so, what penalties should be imposed.

This is subsequent to a three-justice panel at the California Court of Appeals based in Santa Ana observing that jail deputies at the Orange County Sheriff’s Department (OCSD) “engaged in abhorrent conduct and were derelict in their duties.”  That is:  committing perjury; doctoring logs; unnecessarily firing weapons at inmates sitting on toilets; ignoring medical emergencies; bolstering the power of incarcerated organized-crime bosses; encouraging inmate-on-inmate violence; and spending work hours running private businesses, sleeping, surfing the Internet, watching TV or texting love interests.

Read the OC Weekly story here.

Robbery, Kidnapping, Extortion — and This Is the Police!

What can I say?

See the Philadelphia Inquirer story here.

Tuesday’s Quick Clicks…

Crime Fiction: Did the Chicago police coerce witnesses into pinpointing the wrong man for murder?

From The New Yorker:

BY 

At around two-thirty in the afternoon on May 8, 1993, Marshall Morgan left his mother’s house, on the South Side of Chicago, and drove off in her light-blue Chevrolet Cavalier. Morgan was borrowing the car and, in return, had agreed to get it washed. It was a warm day, and he wore denim shorts, a black-and-white pin-striped shirt, and black sneakers. After he got the car cleaned, he planned to return home and spruce himself up: he had a date with his girlfriend that night.

Morgan was a twenty-year-old sophomore at the Illinois Institute of Technology, where he played point guard on the basketball team. The season had just ended, and he had performed notably well, averaging eighteen points and three steals a game; he had been the runner-up for the Chicagoland Collegiate Athletic Conference’s most-valuable-player award. His coach, Ed McQuillan, told me recently that Morgan was a “great kid” and a complete player, who was “quicker than hell, great on defense—he could shoot long, and he could drive and penetrate.”

Continue reading…..

 

 

Monday’s Quick Clicks…

Another $40 Million Settlement for Wrongfully Convicted

As reported this morning in the Chigago Tribune (here), the Illinois State Police has agreed to pay the state’s highest wrongful conviction compensation to date to five men wrongfully convicted of the 1991 rape and murder of Cateresa Matthews in Dixmoor, Illinois.

The five men — Robert Veal, Robert Taylor, James Hardin, Jonathan Barr, and Shainnie Sharp, who became known as “The Dixmoor Five”— were teens when arrested for the crime and were exonerated when DNA testing linked to another known felon. Two of the five had served sentences of ten years and three served nearly two decades before their release.

The federal lawsuit alleged that both State and Dixmore police ignored evidence of another perpetrator and coerced a confession that implicated the four others from 15-year-old Robert Veal, who “had an IQ of 56 and developmental disabilities.” The lawsuit alleged that the police “threatened and abused” some of the other teens, including beating 15-year-old Robert Taylor into confessing. Continue reading

Albuquerque Police Out-Of-Control

We have posted often before about issues of police overreach and misconduct – phony lineups, ignoring evidence, fabricating evidence, coercing confessions, lying on the stand, and more.  However it seems the Albuquerque, New Mexico police department has set a new standard for police overreach.

Albuquerque has an officer-involved shooting rate 4 times that of Chicago and 8 times that of New York.  The Albuquerque police have killed 26 people in just the last four years, and the city has paid out $30 million in civil judgements – so far – as a result of those killings.  However, in the last 30 years, not a single Albuquerque officer has even been charged, much less convicted, of using excessive force.

Watch the CNN video here, which shows the murder of a homeless man by the Albuquerque police.  Warning – this will make you angry.

The US Justice Department has been investigating, and the Albuquerque police department will soon be operating under consent decree with the USDOJ.

David Ranta Family Sues NYPD for $15M Over Wrongful Conviction

David Ranta spent 23 years in prison for a murder he did not commit – as a consequence of false eyewitness identification, a bogus lineup, a jailhouse snitch, and police tunnel vision.

The David Ranta case has been previously reported on this blog here, here, here, and here.

The David Ranta family is now suing the NYPD for $15 million for their suffering.  See the Huff Post story here.

Adrian Thomas “Not Guilty” in Second Trial

Adrian Thomas was originally convicted of causing the death of his 4-month old son in 2008.  This was largely a result of his confession under interrogation by the police in Troy, NY.

As previously posted on this blog, Thomas was subjected to a 9 hour highly coercive interrogation by the Troy police:  Blatantly Coerced Confession Results in Conviction Reversal.

Thomas’s confession was even the subject of the documentary film Scenes of a Crime.

In a second trial, just concluded June 11, 2014, Adrian Thomas was found not guilty.

See the Times Union story here.

 

Brooklyn, NY, Conviction Review: Seventh Man Set Free, After 17 Years in Prison

The New York Times reported yesterday (here) that Roger Logan, 53, has been exonerated and released from prison as a result of the ongoing probe of 90 murder cases by a conviction review unit under the direction of Kings County District Attorney Kenneth P. Thompson. Logan—the seventh man to be released since Thompson took office on January 1, 2014—had steadfastly maintained his innocence during the 17 years he served in prison following his conviction and sentence of 25 years to life.

Logan had been convicted of the 1997 shooting of Sherwin Gibbons, who was killed in the vestibule of a Bedford-Stuyvesant building.

The Conviction Integrity Unit is looking at all 57 murder convictions involving former detective, Louis Scarcella, whose unorthodox tactics and unraveling convictions have prompted serious scrutiny, as well as other convictions stemming especially from the 1980s and 1990s, a time of rampant crime and violence. Continue reading

Tuesday’s Quick Clicks…

Even a “Disney World” Defense Can’t Overcome a (False) Eyewitness

Jonathan Fleming was convicted of murder in New York in 1990.  He was just recently exonerated and released after spending 24 years in prison for the murder he did not commit.  The story has recently been reported on this blog with the Fox News story here.  You can also read the CNN story here and the AOL story here.

Fleming had an alibi for the time of the crime.  He was at Disney World with his family.  The hotel staff remembered him, his family vouched for him, and he had a hotel receipt for a collect phone call from the hotel on August 14, 1989 9:27 p.m., which was just 4 1/2 hours before the shooting in New York.  But despite all that, because he was identified by an “eyewitness,” he was convicted.  Quoting the CNN story, “The prosecution … produced a witness who said she saw Fleming commit the crime.”

The reason that I wanted to highlight this particular case is because it’s yet another example of how eyewitness testimony, even though false or mistaken, will trump a solid alibi.

This is not a rare occurrence. Data from the National Registry of Exonerations shows that false or mistaken eyewitness identification is a contributing factor in 43% of wrongful convictions.

And to top it off, in this particular case, the phone call receipt was found in the prosecution’s case file, but was never produced – can you spell “Brady violation?”   And — the “eyewitness” was offered a deal for her testimony, and then recanted 2 weeks after the trial; but of course, her recantation was not allowed by the court.

Does this stink, or what?!  I’m tempted to launch into a much broader exposition on the failings of the justice system, but will save that for a future post on “the nature of innocence work.”

Monday’s Quick Clicks…

Thanks to courts, police perjury remains major problem

According to an old lawyer joke, the best way to tell when a lawyer is lying is to look to see if his lips are moving. That rule seems to apply to cops on the witness stand, too. But “testilying” is no laughing matter. It is undoubtedly a significant factor in many wrongful convictions.

Proving it to the courts’ satisfaction, though, is another matter. As Radley Balko notes here, “The problem isn’t that cops aren’t capable of telling the truth. The problem is that the courts have treated cops as if they’re incapable of lying.”

Alan M. Dershowitz said the same thing in an op-ed in 1994. “Some judges refuse to close their eyes to perjury,” he wrote, “but they are the rare exception to the rule of blindness, deafness and muteness that guides the vast majority of judges and prosecutors.”

Balko argues that this could be changing, thanks to increasing prevalence of video cameras that catch cops in lies, as happened recently in a Chicago-area case. But until video cameras are everywhere, some cops will probably continue to lie as long as the courts allow them to get away with it.

Wednesday’s Quick Clicks…

Jury Awards $36M in Wrongful Conviction Suit to Two NY Men

A jury in U.S. District Court in Central Islip, New York, yesterday awarded John Restivo, 56, and Dennis Halstead, 59, $18 million each—$1 million for every year they spent in prison—following their wrongful convictions in the 1984 rape and murder of 16-year-old Theresa Fusco. All charges had been dismissed in 2003 after DNA testing of evidence, which was conducted over ten years, excluded the men and implicated another, unidentified perpetrator.

After a four-week trial in the federal civil rights lawsuit, the jury concluded that Nassau County lead detective, Joseph Volpe, now deceased, had engaged in official misconduct, including fabrication of hair evidence and withholding of exculpatory evidence in the case. Continue reading

Louisville to Pay Whistleblower Cop $450,000

Louisville Metro Government has agreed to pay $450,000 to former police detective Barron Morgan who says he was demoted to patrol officer on the graveyard shift for trying to help an imprisoned woman prove her innocence on a homicide charge.

” … after Kentucky State Police, who had investigated the 1998 murder, complained that Morgan was assisting the Innocence Project, a Louisville police commander “cursed” him and he was ordered to stop cooperating.”

Read The Courier-Journal story here.