Category Archives: Recantations

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

Michigan Man Who Falsely Confessed Charged with Lying to Police

This one is mind boggling.

A mentally ill Lansing, Michigan man, Kosgar Lado, under interrogation by police, momentarily confessed to shooting a man.  Even though he subsequently withdrew that statement later in the interrogation, he was charged with the murder.  After further investigation, the police determined that Lado was not the shooter, and the murder charges were dropped.  But now the prosecutor has charged Lado with felony lying to the police!

Read the LSJ.com story here.

And here’s something else about this story.  The police chief commented to the media that officers went “above and beyond” in confirming that Lado was not the shooter.  B-A-L-O-N-E-Y!  The police have an official duty and an ethical obligation to pursue the facts to determine if their suspects are actually innocent.  I would say they were just doing their job.  The police are normally all too willing to determine if a suspect “might be” guilty, and then turn it over to the prosecutor; and false confessions are one of the major ways they do this.  It’s well known that the mentally ill and the mentally deficient are at high risk of making false confessions.

Thanks to WCB follower Jeremy Praay for forwarding this story.

Anthony Graves, Exonerated Death Row Inmate, to File Grievance Against Former Texas Prosecutor Charles Sebesta

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Yet another case of egregious prosecutorial misconduct.

Anthony Graves was wrongfully convicted and sentenced to death for a gruesome multiple homicide that occurred in Somerville, TX in August of 1992.  He was ultimately exonerated and released from prison in 2010.

The prosecutor in the case, Charles Sebesta, under intense public pressure for a conviction of Graves with a death sentence, ignored all evidence pointing to his innocence,  pressed ahead, and, as the special prosecutor appointed to handle Graves’ retrial said, “Sebesta manufactured evidence, misled jurors and elicited false testimony.”  The special prosecutor laid the blame for Graves’ wrongful conviction squarely at the feet of Sebesta.

Anthony Graves and the Houston law firm of Bob Bennett & Associates will file a grievance with the Texas Bar’s Office of the Chief Disciplinary Counsel seeking sanctions against Sebesta for his central role in Graves’ wrongful conviction and imprisonment.

Read the case statement of facts here – Statement-of-Facts.

You can see the full press packet here.

And read the Texas Monthly story here.

Editorial PS:  I think it’s tragic that Mr. Graves has to pursue redress through the Bar Association.  He should have remedy available through the courts.

Jerome Morgan Wins New Trial in New Orleans

With the help of the New Orleans Innocence Project, Jerome Morgan, who has spent 19 years in prison for a murder termed the “sweet 16 birthday shooting,”
has been granted a new trial.

The prosecution withheld exculpatory evidence in the case, and in Judge Darryl Derbigny’s order he states, “the evidence presented before this court is wrought with deception, manipulation, and coercion by the New Orleans Police Department,” and that “such newly discovered evidence undermines the confidence of the verdict and is fit for a new jury’s judgment.”

Additionally, two prosecution witnesses have recanted, and it was also determined that Jerome had ineffective assistance of counsel.

Read the New Orleans Times-Picayune story here.

Tuesday’s Quick Clicks…

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  • The 2013 holiday season meant a great deal to Brandon Olebar, who, after 10 years of wrongful incarceration, got to enjoy the festivities with his family for the first time in over a decade. Olebar’s release comes thanks to the efforts of the Innocence Project Northwest (IPNW).  More….
  • In NY, Robert Jones, who has been imprisoned for 19 years for a murder he says he didn’t commit, hopes to be released after State’s key witness says she was pressured to identify him as the perp.
  • In Massachusetts, doctors believe Brian Peixoto was wrongfully convicted of child murder in an alleged junk medical science case.