Category Archives: Uncategorized

In prison since 2003, yet authorities knew man wrongfully convicted in 2007

Shocking news coming from Spain, where it has become clear that a Dutch citizen, Romano van der Dussen, convicted in 2005 of a series of sexual assaults, REMAINS in prison, despite DNA proving his innocence in 2007.

Spanish authorities have had van der Dussen in prison since the rapes took place in 2003. He was found guilty on – now definitively erroneous – eyewitness identifications (with no other links between the suspect and the crimes) in 2005. 1410717812_066741_1410798646_sumario_normal

ven der Dussen, the photofit, and Mark Dixie

However, in 2007, INTERPOL were informed by British police, that convicted murderer Mark Dixie – serving a life sentence for the rape and murder of 17 year old model Sally Ann Bowman in the UK – had previously lived in Malaga in 2002-2003. Spanish authorities uploaded the DNA obtained from the sexual assaults, and subsequently received a report in March 2007 that the DNA from the scenes matched British murdered and serial offender Mark Dixie.

One might expect that in 2007, Spanish authorities – horrified that they were keeping an innocent man behind bars, would move swiftly to ensure his release. Instead, the case has bounced around the legal system, delayed by legal technicalities. His solicitor is now awaiting fingerprints and DNA of Dixie from British authorities to proceed further with securing the release of van der Dussen. ELEVEN years since his imprisonment, and SEVEN years since the authorities discovered his innocence. What can the Spanish possibly be doing?

Read more here:
Dutchman in Spanish jail waits for DNA justice

Fuengirola court reopens sexual assault case

Spanish authorities reopen Dutchman’s rape case

There are more detailed reports in Spanish and Dutch e.g.:
En la cárcel pese a las pruebas de ADN

Judge Says State Missed Chance to Respond to Wrongful Conviction Claim

In NY, a judge just issued an order denying the state a chance to respond to the motion by Gary Thibodeau that he should get a new trial, because of new evidence of innocence, in his rape case 20 years ago because the state missed its deadline.

I put this in its own story, rather than Quick Clicks, because I find it so unusual.  Most doing post-conviction innocence work are used to being held to strict deadlines, while seeing the prosecution get extension after extension (while our clients sit in prison with substantial evidence of innocence).  In my cases, when the State has missed a deadline, they simply file late and their error is ignored.

It’s nice to see a judge taking these claims seriously and holding the state to the same rules to which convicted inmates are held.

Scalia once touted exoneree’s death sentence as example of capital punishment’s worth

“A North Carolina death row inmate exonerated by DNA evidence on Tuesday was once held up by Supreme Court Justice Antonin Scalia as an example of someone who deserved to die,” the Huffington Post reports. You can read the details here.

Wednesday’s Quick Clicks…

  • AIDWYC wants audit for all “Mr. Big” convictions
  • The investigation of a wrongful conviction:  The Jonathan Fleming Case
  • Exoneree Jabbar Collins settles with State of New York for $16 million
  • In Australia, the Chamberlain family car to become a museum exhibit as a reminder of the miscarriage of justice that occurred in that case
  •  New York exoneree Dewey Bozella launches youth boxing program
  • Georgia House committee studies exonerate compensation

Prosecutorial Misconduct in Orange County

An Orange County (California) Superior Court judge ruled on Monday that prosecutors committed serious misconduct in a case involving Orange County’s deadliest mass shooting.  And although the judge denied defense motion to bar the death penalty and remove the DA’s Office from the case, he did find multiple examples of prosecutorial misconduct in this and other cases.  Today’s report in the Orange County Register details these allegations and others against both the prosecutors and jail staff including withholding evidence from the defense, misusing jailhouse informants, etc. The judge also said in his report that he believed many witnesses, including prosecutors and law enforcement officers were “credibility challenged” and said that “Some perhaps suffered from a failure of recollection; others undoubtedly lied.”

The full story is at http://www.ocregister.com/articles/dekraai-630582-judge-prosecutors.html

Is ‘Innocence’ work over in the UK?

For some time, the news emanating from the UK has been getting worse with regard to the potential for miscarriages of justice, with law reforms diminishing legal protections for suspects and the almost total withdrawal of legal aid for the vast majority (nevermind the current moral panic of historic child sexual abuse which is swelling the prison population). This also comes at a time when changes to the rules on who can receive compensation for miscarriages of justice have also been ‘tightened’ to the point where barely anyone will qualify. I have blogged about many of the bad news stories coming out of the UK – including forensic science mishaps and police corruption seemingly continuing unabated regardless of new regulators or complaints bodies.Justice statue

Despite what one could view as the growing IMPORTANCE therefore of ‘innocence’ work in the UK, it looks as if things may be heading in the opposite direction. Following years of expansion with Innocence Projects being set up in universities across the country, it appears that these are now being encouraged to close. There are a host of reasons why Innocence Projects in the UK may be under threat (not least their position within univerisities whose priorites narrow ever further every day toward simply profit-making and rising up league tables.) They do not operate as a mirror to those in the US and internationally, largely because of the existence of the Criminal Cases Review Commission. However, their work is still invaluable. When I was Director of the University of Leeds Innocence Project, we received hundreds of letters (which still arrive weekly if not daily), reviewed dozens of cases, and assisted many prisoners. It also educated many students in the causes of, and remedies for, miscarriages of justice.  It gave many law students a passion for criminal legal aid work – where there is no money to be made and certainly no glory.

So – to read the announcement on the INUK website is all the more shocking. (see here… INUK – New Beginnings ). Where innocence work in the UK needs innovation, inspiration and support, it is being told that the day has come to pack our bags and go home. My thoughts are not only with those of us (staff and students alike) who have worked many years to get innocence taken seriously again in the UK, but those prisoners now who will be back at square one, with nowhere to turn yet again. How an ‘innocence network’ can survive, nevermind have any impact, with only one member, will remain to be seen.

New survey shows a majority of Americans favor life without parole instead of the death penalty

This new survey marks an important and historic shift for all of us concerned about justice and wrongful convictions.  The death penalty alone can serve as a powerful incentive to plead guilty when confronted by strong circumstantial evidence, in the hope that one can at least live and hope that the truth will emerge, rather than being put to death.  And replacing the death penalty can help us avoid putting innocent persons to death, of course.

The growing public awareness of wrongful convictions, the highly publicized cases involving exonerations of those serving long terms in prison, the publicity surrounding the use of DNA, and the continuing efforts of innocence projects around the nation, as well as the Wrongful Convictions Blog, have all helped contribute to the changing public perceptions and opinions.

Here is a summary of the survey, along with a link to the full story:

A slight majority of Americans favor life imprisonment without parole over the death penalty for convicted murderers, a first in ABC News/Washington Post polls. Given a choice between the two options, 52 percent pick life in prison as the preferred punishment, while 42 percent favor the death penalty, the fewest in polls during the last 15 years. The result comes after a botched execution by lethal injection in Oklahoma in April.

Without an alternative offered, 61 percent continue to support the death penalty, matching 2007 as the lowest in polls back to the early 1980s. That’s down sharply from 80 percent in 1994, during the period of the highest crime totals reported nationally. Support for the death penalty is higher in the 32 states that have it, 64 percent, vs. 54 percent elsewhere. This survey, produced for ABC by Langer Research Associates, measures views on the death penalty in general. Previous polling has shown that attitudes on capital punishment can vary widely depending on the nature and circumstances of the crime.

SOURCE: http://abcnews.go.com/blogs/politics/2014/06/new-low-in-preference-for-the-death-penalty/