A Disputed Diagnosis that Sends Parents to Prison for Abuse.
Last evening (3/23/15), PBS aired a segment that takes a critical look at the diagnosis of Shaken Baby Syndrome. The story features Kate Judson, who is the Innocence Network SBS Litigation Fellow, and who has been doing phenomenal work in not only helping those wrongfully convicted of SBS, but also in trying to bring the medical and legal communities together to achieve a true scientific understanding of the causes and symptoms.
See the 10 minute video here.
Al Jazeera America is running an eight part series called The System which examines the state of the justice system in the US. This coming Sunday, June 1, the program will cover flawed forensics, and will highlight the case of Mississippi death row inmate Willie Manning. Manning is a victim of the now-acknowledged faulty hair analysis practices of the FBI.
There is a zip code box on the Al Jazeera America home page to help you find their programming in your area:
Here is the schedule for the entire series, The System:
Episode 1: False Confessions,
Sunday May 18th at 9E/6P
Episode 2: Mandatory Sentencing,
Sunday May 25th at 9E/6P
Episode 3: Flawed Forensics, Sunday June 1st at 9E/6P
Episode 4: Eyewitness Identification, Sunday June 8th at 9E/6P
Episode 5: Parole: High Risks, High Stakes, Sunday June 15th at 9E/6P
Episode 6: Juvenile Justice, Sunday June 22nd at 9E/6P
Episode 7: Geography of Punishment, Sunday June 29th at 9E/6P
Episode 8: Prosecutorial Misconduct, Sunday July 6th at 9E/6P
- The unintended consequences of compensating the exonerated
- Canada’s system for reviewing alleged wrongful convictions “failing miserably”
- West Virginia University Law Innocence Project pushes interrogation recording bill
- What does a record number of U.S. exonerations in 2013 tell us?
- ESPN video on the wrongful accusation against Richard Jewel for the 1996 Atlanta Olympics bombing
- Ex-cop exonerated after 20 years in prison awarded $9 million
- Mexican lawyers turned filmmakers win civil suit against them brought by family of victim in wrongful conviction case they exposed through the documentary Presumed Guilty
- Planned changes in UK’s compensation laws for exonerees will make it nearly impossible to obtain compensation after wrongful conviction
- New Zealand Innocence Project re-ignites debate about the need for a wrongful convictions commission
- Idaho Innocence Project client Sarah Pearce may soon be released—settlement discussions ongoing
News coverage following the passing of Nelson Mandela has prompted the rescheduling of “An Unreal Dream,” the true account of Michael Morton’s wrongful conviction of the murder of his wife, Christine; his 25 years of wrongful incarceration; and his exoneration. The documentary will premier instead this Sunday evening, Dec. 8, at 9:00 p.m. ET/PT on CNN TV. See details here.
As part of its focus on the Morton case, CNN reports on five cases identified as “high-profile exonerations” (here). In addition to the case of Michael Morton, the article highlights the exonerations of Brian Banks, Douglas Prade, Clarence Harrison, and James Bain.
Michael Morton’s remarkable story of wrongful conviction for the 1986 murder of his wife Christine, his 25 years of incarceration, and his exoneration, will be told to a national audience when the documentary “An Unreal Dream,” written and directed by two-time academy award nominee, Al Reinert, premiers on CNN tomorrow night, Thursday, December 5, at 9:00 p.m. ET and PT. According to CNN (here) the documentary seeks to “demonstrates that Morton’s story is not unique.” Continue reading
This just released by Kevin Tedesco at CBS News:
(And as previously reported in yesterday’s Quick Clicks.)
CHICAGO POLICE UNDER DOJ INVESTIGATION FOR INTERROGATIONS — SOME THAT RESULTED IN FALSE CONFESSIONS FROM TEENAGERS – “60 MINUTES” SUNDAY
The Chicago Police Department is now the subject of a federal Justice Department investigation into its interrogation practices in at least one case that dates back more than 25 years, 60 MINUTES has learned. The case involves juveniles who were as young as 14 years old. Now, after serving lengthy jail times, they tell Byron Pitts they were picked up on the streets, isolated from their parents and in some cases held for days by the police, who they say forced false confessions from them under harsh interrogations. Pitts’ report will be broadcast on 60 MINUTES, Sunday, Dec. 9 (7:00-8:00 PM, ET/PT) on the CBS Television Network.
“Everything in that confession was fed to us, and myself and my co-defendants by the police,” Terrill Swift tells Pitts. He signed a 21-page confession in 1994 admitting to a murder and rape of a 30-yr.-old prostitute that resulted in a 30-year sentence. Watch a clip.
“You are being cuffed up and beat on by the police..they can get you to do what they want you to do,’’ says Robert Taylor, who would sign a confession in another case that resulted in being jailed for more than 19 years.
- On Sunday, December 9, CBS’s “60 Minutes” is scheduled to air in the U.S. a piece examining the exonerations of the “Dixmoor Five” and the “Englewood Four,” two Chicago-area cases where juvenile defendants were wrongfully convicted of rape and murder largely on the basis of false confessions. The cases were handled jointly by the Innocence Project, the Center on Wrongful Convictions, the University of Chicago Law School Exoneration Project and cooperating private attorneys. The piece will likely also explore the resistance by State’s Attorney Anita Alvarez to the free the young men even though there was compelling DNA evidence pointing to other men with violent criminal histories in both of the cases.
- Video of exoneree Brian Banks on CBS This Morning yesterday
- Ireland’s Criminal Court of Appeal grants inmate Joe O’Reilly’s request for legal representation in his bid to show he was wrongfully convicted of murder
Even casual followers of the SBS saga are familiar with the Audrey Edmunds case. Audrey was convicted and imprisoned for the shaking death of an infant in her care. She spent 11 years in a maximum security prison until Keith Findley and the Wisconsin Innocence Project succeeded in having her conviction overturned, and she was exonerated.
The American Bar Association Journal from Dec., 2011 has an article that provides a good summary of the case. See that article here. The article will also give you some idea of how entrenched SBS theory is in the US medical community and justice system. For example, to this day, the prosecutor in the case is still convinced that Audrey murdered that infant.
On Dec. 10, 2012, Audrey and Keith are scheduled to appear on the daytime talk show “Katie” with Katie Couric. 3:00 PM Eastern time on ABC. This should be one to put on your calendar. The appearance was originally scheduled for Dec. 6, but pending any further schedule change, it is now set for Dec. 10.
While investigating my first wrongful conviction case after my book Presumed Guilty was published in 1991, I was shocked to learn that the FBI “expert” who polygraphed defendant Paul Ferrell was allowed to testify that Ferrell had given a nonverbal confession. According to the agent, Ferrell nodded his head as the agent discussed why investigators believed Ferrell had killed a missing woman. Although Ferrell insisted he was innocent, the agent said his slight head nod was an admission of guilt.
Ferrell’s appeals attorney argued in his brief that this was apparently the first time such testimony had been admitted in American court and should have been disallowed. The appeals court agreed, but called the admission “harmless error.”
When I called Paul Ekman, the leading authority on nonverbal communication, to discuss the FBI polygraphist’s testimony, he expressed dismay. Ekman said the body-language interpretation of FBI polygraphists had been repeatedly shown in studies to be wrong about half the time. Even worse, he said, head nods are the most difficult of all body motions to interpret.
Ekman sounded like the voice of reason then. Unfortunately, a few years later, Ekman developed the Facial Action Coding System, which he claimed can be used to determine whether someone is lying with 95 percent accuracy. Law enforcement quickly moved to adopt the system, which was featured on the American TV series, Lie to Me, whose main character was an expert on divining deception based on Ekman.
But as Sue Russell points out in an article that’s part of her excellent series on wrongful convictions in Pacific Standard magazine, that’s bad news for innocent suspects. Regardless of the training people use to convince themselves that they can tell when someone is lying, Russell says, “research repeatedly shows that confidence to be misplaced.” You can read her story here.
An Idaho murder case from 1996 is coming under new scrutiny with the help of the Idaho Innocence Project. On Friday, Aug. 24, NBC-Dateline will air “The Confession. A mother fights to free the man convicted in her daughter’s murder.”
The Emmy award winning program will showcase an all new one-hour special about Angie Dodge’s murder in her Idaho Falls apartment and the confession of Chris Tapp, who currently is serving a sentence of 25 years to life for the crime. The show airs at 9 p.m. on KTVB Channel 7.
The Idaho Innocence Project believes that Tapp is innocent. Biology and criminal justice professor Greg Hampikian is working on DNA aspects of the case, which is being handled by Rick Visser, IIP assistant director and staff attorney. Several Boise State students also have assisted in research and investigation.
- Recent exoneree Brian Banks, client of the California Innocence Project, will appear on the Jay Leno show tonight in the U.S. (here’s an article on the “touching” offer of employment he received from the Arizona Diamondbacks baseball team)
- According to the new Registry of Exonerations, Illinois and Wisconsin have two of the highest wrongful conviction rates in the U.S.; but lawyers in those states say that fact has more to do with longstanding and well-funded innocence projects that have simply uncovered the wrongful convictions in those states
- Lubbock, Texas law firm offers to pay for public memorial for exoneree Timothy Cole
- Two wrongfully convicted men in the UK appeal seeking state compensation
- Kate Beckinsale on the set of her new movie, which is about a wrongful conviction
- Retired FBI agent supports new trial for Kalvin Michael Smith in North Carolina
- The play My Kind of Town, about police torture and wrongful conviction, opens in Chicago
- Texas DA John Bradley, who was criticized for his handling of the Michael Morton case, goes down in primary election after opponent focuses on wrongful convictions (more here)
- Some analysis and breakdown of the numbers in the exoneration registry
- Commentary on the U.S. Dep’t of Justice and its failure to act when its prosecutors engage in misconduct
- New documentary TV series about wrongful convictions being produced by Discovery Channel in Canada
Daniel Vanek, DNA expert in the Czech Republic
I am in the Czech Republic lecturing over the next few days about the Innocence Movement. I am so heartened and inspired when I go to countries like this to find kindred souls who are on the ground educating, teaching, and fighting for justice for the innocent. DNA specialist Daniel Vanek is that person in the Czech Republic, and I am honored to be able to to spend time with someone who is this passionate about the movement. I will write more later when I’m back to the States, but wanted to share now a video that was on national television in the Czech Republic this weekend about Daniel and his fight for forensic controls and the wrongfully convicted.
From a press release:
FRONTLINE AND PROPUBLICA EXAMINE FORENSIC SCIENCE IN THE COURTROOM
“THE REAL CSI”
Tuesday, April 17, 2012, at 10 P.M. ET on PBS
Evidence collected at crime scenes—everything from fingerprints to bite marks—is routinely called upon in the courtroom to prosecute the most difficult crimes and put the guilty behind bars. And though glamorized on commercial television, in the real world, it’s not so cut-and-dried. A joint investigation by FRONTLINE, ProPublica and the Investigative Reporting Program at UC Berkeley examines the reliability of the science behind forensics in “The Real CSI,” airing Tuesday, April 17, 2012, at 10 P.M. ET on PBS (check local listings).
FRONTLINE correspondent Lowell Bergman finds serious flaws in some of the best known tools of forensic science and wide Continue reading