Category Archives: Prosecutorial conduct (good and bad)

New York Taxpayers to Pay $9 Million in Wrongful Conviction Settlement

New York City, its Housing Authority, and the State of New York have agreed to pay $9 million to Danny Colon, 50, and Anthony Ortiz, 44. Both men spent 16 years in prison before their convictions in a 1989 double murder — a drive-by shooting — were overturned in 2009.

The New York Court of Appeals reversed an earlier Appellate court decision and ordered a new trial for the men after finding that the Manhattan prosecutor had knowingly utilized false testimony from a key witness, a felon and drug dealer. The prosecutor denied in her final argument to the jury that the witness had been compensated for his testimony, but he subsequently received a Continue reading

Tuesday’s Quick Clicks…

Open Records Policies Shine Light on Misconduct, Injustice

Dallas County (TX) District Judge Mark Stoltz issued findings of fact and conclusions of law last week before recommending that the murder convictions of Dennis Lee Allen and Stanley Orson Mozee be overturned. The two men were subsequently released after each had served 15 years in prison. The judge’s findings will now go before the Texas Court of Criminal Appeals for review. ABC News WFAA 8 reported (here) that the two are expected to be exonerated.

Allen and Mozee were convicted of the 1999 murder of Reverend Jesse Borns Jr., who was found stabbed outside his workplace, a retail store. No physical evidence linked the men to the crime. The conviction was won on the unrecorded confession of Mozee — who immediately recanted and claimed he was coerced into signing the police-written statement — and the testimony of two jailhouse informants. The informants denied under oath at trial that they were promised compensation for their testimony. Continue reading

Hundreds ‘convicted in error’ in Houston drug cases

The scandal-plagued Houston criminal-justice system has yet another scandal. The Houston Press reports that prosecutors have sent out hundreds of notices to people convicted of drug offenses that they were wrongly convicted.

The problem came about when evidence tested by the Houston Police Department crime lab came up negative for a controlled substance after the defendants had already taken plea deals. In some cases, the district attorney’s office knew about the negative results before the defendant pled guilty, but most test results were received after a conviction.

The district attorney’s office apparently knew about the problem for years, but only recently sent out the notices.

You can read more here.

Justice for Sale at the Highest Level?

Lobbyists Pursue State Attorneys General

From an October 28, 2014 NY Times story:

“Attorneys general are now the object of aggressive pursuit by lobbyists and lawyers who use campaign contributions, personal appeals at lavish corporate-sponsored conferences and other means to push them to drop investigations, change policies, negotiate favorable settlements or pressure federal regulators.”

See the NY Times article here.

This is yet another reason why ‘prosecutor’ should not be an elected political position.  It exposes the position to a host of pernicious incentives.

Tuesday’s Quick Clicks…

Friday’s Quick Clicks…

  • Quattrone Center press release:  Montgomery County (PA) District Attorney Risa Vetri Ferman was joined today by the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania School of Law to announce the implementation of key changes in the organizational structure of her office to ensure the highest professional standards, integrity, and quality control in the county’s criminal justice system. The changes are being implemented at the conclusion of a root cause analysis conducted in partnership with the Quattrone Center.  Keep reading….
  • Editorial by Lawrence Hellman, director of Oklahoma Innocence Project, with case update and discussion of Conviction Integrity Units
  • Aboriginal chiefs in British Columbia finally exonerated after being executed 150 years ago
  • “An eye for an eye” is the top reason cited by Americans who support the death penalty
  • Hearing set for November 10th for Alaska Innocence Project’s Fairbanks Four case