Category Archives: Police conduct (good and bad)

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.