Yearly Archives: 2012

Saturday’s Quick Clicks…

  • More on New Jersey’s new eyewitness identification instructions for jurors
  • Retired detective in New York still trying to solve murder case that sent innocent man Steven Barnes to prison
  • Ken Bates, the Australian senior prosecutor in the wrongful conviction of Andrew Mallard for murder, has conceded he failed to comply with his duty to disclose that the victim’s injuries did not match a wrench alleged to have been used in the crime. Bates has been fined $10,000 in the State Administrative Tribunal following an allegation brought by the Legal Profession Complaints Committee that he engaged in unsatisfactory professional conduct as a prosecutor on behalf of the crown during the 1995 trial of Mr Mallard.
  • New book on the Amanda Knox case
  • In Ireland, prosecutors have lost a bid to stop Mr Justice Adrian Hardiman from being part of an appeal court that will decide whether a man’s conviction 40 years ago for the manslaughter of a young woman was a miscarriage of justice. The three-judge Court of Criminal Appeal dismissed the “special and unusual” application by the DPP for Mr Justice Hardiman to recuse himself from further hearing the case of Martin Conmey. His conviction for the manslaughter of Una Lynskey (19) was overturned two years ago and he wants a declaration of a miscarriage of justice.
  • Vermont may be close to first DNA exoneration

A New Trial Granted in Washington

From the Spokesman-Review (July 26, 2012):

A judge today granted the request for a new trial of a man convicted four years ago of the 2007 beating death of an adult bookstore owner in Spokane following the conviction two weeks ago of another man for the same crime.

Superior Court Judge Greg Sypolt granted the request to hold a new trial for Jeramie R. Davis, 41, who was sentenced in 2008 to 40 years in prison for the first-degree murder of 74-year-old John G. “Jack” Allen, who was bludgeoned to death with a baseball bat inside his store on East Sprague Avenue.

What remains unclear is whether Sypolt will vacate Davis’ conviction, Deputy Spokane County Prosecutor Dale Nagy said.

“What we are waiting for is the order to be signed by the judge,” Nagy said. “But he did indicate that based on what he heard that Mr. Davis was going to get a new trial.”

The date of that new trial has not yet been set. Continue reading

Reforms Recommended in Australia…

On the 18th, July 2012 the South Australian Legislative Review Committee on the CCRC Bill reported that it would not be recommending that a CCRC-style body be established in South Australia.

It did, however, make seven reform recommendations. Recommendation 3 was for a new statutory right for certain qualifying offences to provide that a person may be allowed at any time to appeal against a conviction for serious offences if the court is satisfied that:

· the conviction is tainted;

· where there is fresh and compelling evidence in relation to the offence which may cast reasonable doubt on the guilt of the convicted person.

Also of particular significance, Recommendation 5 was that the Attorney-General considers establishing a Forensic Science Review Panel to enable the testing or re-testing of forensic evidence which may cast reasonable doubt on the guilt of a convicted person, and for these results to be referred to the Court of Criminal Appeal.

The Full Report is here.

Failing to punish or discipline those who cause wrongful convictions.

One of the many frustrations of those involved in wrongful convictions, is the fact that it is almost unheard of to get those professionals who were responsible for the injustice disciplined or punished. Most in fact continue to practice, police, prosecute, or judge. Even those paltry efforts that are made to discipline or punish these individuals are often met with obfuscation and are rarely successful (for the recent attempts to prosecute the police officers responsible for the wrongful conviction of the UK’s Cardiff Three case see earlier post here…). Now in Scotland, a former police inspector has been jailed for five years for witholding and fabricating evidence when investigating a murder in Scotland 17 years ago, the resulted in the wrongful conviction of two men. In sentencing him, the judge said: “You were in a position of trust. The criminal justice system depends upon police officers acting with honesty and integrity.” Read more here… This is welcome news, but sadly, very unusual.

Meanwhile in Australia, the prosecutor in a notorious miscarriage of justice which saw Andrew Mallard convicted of murder and spend 12 years in prison, has been fined AU$10,000 for his involvement in the wrongful conviction. Whilst one may be tempted to think that this is again some good news, along with the finding that his practice fell below the standard expected of legal practitioners, Ken Bates was allowed to step down from the prosecution service in 2009 with a payout of AU$270,000 and without facing disciplinary action. The fine makes hardly a dent in his large payout. Read more here… It is regrettable that criminal charges were not brought, and this was the maximum fine available to the Administrative Tribunal that heard the case.

I firmly believe that we should not accept that in many cases of wrongful convictions, there is not someone, or many people, who acted negligently, their work fell below acceptable standards, or they were simply corrupt and acted criminally. To be taking wrongful convictions seriously, we need to see more of these individuals disciplined and punished.

Wrongly convicted women get much-needed attention

Women are mostly forgotten victims in the scourge of wrongful convictions. For the most part, women are convicted of committing crimes in which there is no biological evidence. Hence, wrongly convicted women are rarely exonerated by the type of indisputable DNA testing that garners wrongly convicted inmates publicity and sympathy.

As noted on http://www.womenandinnocence.com, “Female clients in innocence work represent a different population. That is, they are not more apples, they are oranges, and categorically divergent in some ways from men. By so being they require a body of research and attention particularized so that defense efforts can be most efficiently strategized.”

Zieva Dauber Konvisser has made a significant contribution to that body of research with her article “Psychological Consequences of Wrongful Conviction in Women and the Possibility of Positive Change” in the spring 2012 issue of DePaul Journal for Social Justice. You can read it here.

Cop Jailed in Scotland for Manufacturing and Withholding Evidence…

From news source:

A policeman convicted of hiding key evidence from prosecutors during a murder case has been jailed for five years.

Richard Munro, 53, withheld vital information from officials investigating the suspicious death of Andrew Forsyth 17 years ago.

Mr Forsyth’s body was discovered on November 9, 1995 and Munro decided that he had been murdered on November 3.

The bungling cop then changed statements given by witnesses who claimed to have seen Mr Forsyth alive after that date.

And he failed to inform prosecutors about the information being made available to staff and officers involved in the case.

Two men, Steven Johnston and Billy Allison, spent ten years behind bars after they were convicted of murder at their trial the following year.

They were only released when appeal court judges quashed their convictions because of the dodgy police investigation.

Munro, of Dunfermline, was found guilty of intent to defeat the ends of justice following a trial in Edinburgh in June.

He was jailed for five years at the High Court in Aberdeen on Wednesday.

Prosecutors revealed they had ordered a review of evidence gathered in connection with the murder case.

A Crown Office spokesman said: “Now that the Munro trial has concluded the Crown has instructed a review of the evidence relating to the death in the light of the appeal, the Carnegie Inquiry and the trial of Richard Munro.”

Detective inspector Munro led the investigation into the death of Mr Forsyth after his body was discovered in the living room of his home in November 1995.

The Fife Constabulary officer had just been promoted and had been put in charge of his first murder investigation.

But having made up his own mind about the case, he rejected information from witnesses that went against his own belief.

Officers were instructed not to make further enquiries of witnesses claiming to have seen the murder victim alive in the days after November 3.

The detective’s campaign of deception began to unfold when defence lawyers requested missing witness statements from the Crown Office.

Senior police questioned Munro about the missing evidence and he claimed that not all of the information from door-to-door enquiries had been retained. He also discredited information given by the witnesses in question as unreliable.

Munro was found guilty of witholding information from prosecutors that could have helped the two men’s defence case on June 22.

Miscarriages of Justice Scotland said it was the first time in history that a corrupt policeman had been convicted of wrongdoing in connection with a miscarriage of justice case.

Thursday’s Quick Clicks…