Category Archives: Recantations

Ohio and California: Convictions Overturned after Record-Long Wrongful Incarcerations

It has been a remarkable week for Innocence work, and this is only Wednesday.

Yesterday, November 18, Ricky Jackson’s murder conviction was vacated in Ohio after Jackson had spent 39 years in prison. Cuyahoga County Prosecutor Timothy McGinty acknowledged the case against Jackson had disintegrated when the key witness, who was 12 years old at the time of the crime, recanted. The district attorney does not expect to retry Jackson, 57, who broke into sobs as it became clear that the charges against him were being dropped. He is expected to walk free on Friday. Continue reading

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

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

David McCallum and the late William Stuckey exonerated of murder

After 29 years in prison, David McCallum was exonerated yesterday  of a murder he did not commit. Kings County (NY) Supreme Court Justice Matthew D’Emic also exonerated William Stuckey who died in prison in 2001. It took an army of advocates over many years — including the late Rubin “Hurricane” Carter, who had also been wrongfully conviction of murder — to finally overturn this miscarriage.

As teenagers McCallum and Stuckey falsely confessed to the murder of  Nathan Blenner, who died of a single gunshot wound to the head. McCallum and Stuckey quickly recanted the confessions. Although the confessions were filled with inconsistencies and inaccuracies, the men were convicted and lost all appeals. Over the years, McCallum refused parole rather than admit guilt to a crime he did not commit. His struggle was recorded in a recently released documentary, “David & me.”

Brooklyn District Attorney Kenneth Thompson, whose Conviction Review Unit investigated the case, recommended this exoneration, and has now cleared convictions in ten cases, said in a Wall Street Journal Report (here), “I think the people of Brooklyn deserve better, and I think we should not have a national reputation as a place where people have been railroaded into confessing to crimes they did not commit.”

Congratulations to Mr. McCallum and to the family of William Stuckey. The nation should be grateful for the persistence and hard work of all who contributed to this reversal including Steven Drizin of the Center on Wrongful Convictions (Chicago), Rubin “Hurricane” Carter and Ken Klonsky, Innocence International (Toronto), Oscar Michelen of the New York law firm of Cuomo, LLC, Professor Laura Cohen of the Rutgers-Newark Law School’s Criminal and Youth Justice Clinic, and King’s County District Attorney Kenneth Thompson  and his Conviction Review Unit team.

 

Delaware Supreme Court Grants New Trial to Death Row Inmate

Jermaine Wright, who has resided on death row following his conviction of the 1991 murder of Phillip Seifert at a liquor store just outside of Wilmington, Delaware, was granted a new trial yesterday. The Supreme Court of Delaware unanimously agreed with Wright’s contention that undisclosed exculpatory and impeachment evidence cumulatively amounted to a reversible Brady violation.

“Wright is not entitled to a perfect trial, but he is entitled to a fair one where material exculpatory and impeachment evidence is disclosed and not suppressed,” wrote Justice Ridgely.

The case history in the opinion explains that no physical or forensic evidence connected Wright to the crime. The State presented no “murder weapon, shell casings, the getaway car, or eyewitness to identify Wright.” Continue reading

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.”

Cook County State’s Attorney Urged to Reconsider Indicting Witness Who Recanted

In an op-ed piece (here) in the Chicago Sun-Times, Rob Warden, executive director of the Center on Wrongful Convictions at Northwestern University School of Law, is urging Cook County (IL) State’s Attorney Anita Alvarez to reconsider her decision to seek to indict on a perjury charge Willie Johnson, after he recanted his 1994 testimony, which led to the conviction and life sentencing of the Center’s client, Cedric Cal.

Johnson was the sole survivor of a gang-related drive-by shooting that killed two of his friends. He was wounded nine times but survived and named Cal and Albert Kirkman as the shooters. In recanting his testimony seventeen years later in 2011, Johnson said that he knew all along that the two he fingered were not the perpetrators. He claimed that if he had identified the actual shooters back in 1994, he would have put himself and his family in danger. Continue reading