Category Archives: Police conduct (good and bad)

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 ….

Continue reading

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.

Thursday Quick Clicks…

Police Misconduct Responsible for Famous Wrongful Conviction in Australia

andrew-mallard.9432510748baf0c450fe844b84fb6dc8The case of Andrew Mallard (pictured here) will be well known to those in Australia – he was wrongly convicted in 1995 of the murder of two women in Western Australia, spending 12 years in prison before his conviction was overturned. Mallard was eventually awarded AU$3.25 for his 12 years wrongly imprisoned, but the litany of ‘errors’ during the police investigation continue to come to light.

The real perpetrator was never convicted of the murders, he committed suicide in 2006 after being named as prime suspect by the police subsequent to a cold case review. However, during this review, and other subsequent inquiries into the policing handling of the murders, many questions have been raised about the police handling of evidence and exhibits – with many being claimed to be “lost”, now appearing on exhibit lists during a police audit – at the same time the police claimed to have lost the exhibits. Is this incompetence of malfeasance?

The whole investigation, the police handling of the evidence, the wrongful conviction and the ongoing shambles – should leave all Western Australia police and judicial system ashamed. There is a wealth of material to read on the Mallard case, as there have been so many official inquiries into the case. For more on the  media coverage of recent revelations read here:





Oklahoma May Be About to Execute an Innocent Man

Richard Glossip is scheduled to be executed by lethal injection in Oklahoma next Wednesday, 9/16.

He was convicted of a murder-for-hire plot based solely upon the testimony of the actual murderer, who implicated Glossip after coercion by the police, and to save his own skin.

See the CNN story by Helen Prejean here.

Wednesday’s Quick Clicks…

Amanda Knox – The Period at the End of the Sentence.

Italy’s Court of Cassation has issued a final, formal opinion on the resolution of the Amanda Knox case.

It is a resounding exoneration of Knox and Sollecito, and a scathing indictment of a sloppy, inadequate, hastily contrived prosecution case.

See the ABC News 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.

Friday’s Quick Clicks…

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.

Monday’s Quick Clicks…

Attorneys for Howard Guidry accuse Former Texas Prosecutor Kelly Siegler of withholding evidence in Guidry’s 1995 murder trial just a week after another man prosecuted by Siegler, David Mark Temple, had his conviction overturned for the same reason…

Daniel Scheidell finally returns home a month after his 1995 conviction was overturned by a Wisconsin Court…

Advances in DNA technology pave the way for inmates to get new tests on evidence…

Evidence of Police Dishonesty Leads to Overturned Convictions Nationwide

The Gotham Gazette asks, “Are DA’s Doing Enough to Overturn Wrongful Convictions?”

Judge Disqualifies All 250 Orange County, CA Prosecutors !

In Orange County, CA, a case, in which the justice system should have been at its best, has deteriorated into a revalation of incompetence, corruption and perjury involving police, sheriff’s deputies, county counsel, and prosecutors. It has also come out that this systemic corruption, involving rights violations, “professional” jailhouse snitches, and secret police files, has been going on for decades.

As a result of these disclosures, the judge in the murder trial of the worst mass murderer in Orange County history has disqualified all 250 Orange County prosecutors from the case.

See the Daily Kos story here.

And see a supporting story from the OC Weekly here.

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:


‘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

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.


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…