Samuel Gross has provided an insightful commentary in response to the U.S. Supreme Court’s June 22 vote (6 to 2) in Turner vs. United States, that affirmed the murder convictions of seven men and reaffirmed “a terrible old rule that has done great harm to the accuracy of criminal trials…”
A professor of law at the University of Michigan and founder and Senior Editor of The National Registry of Exonerations, Gross notes that in half of more than 800 exonerations since 1989 in which people had been wrongly convicted of murder, the prosecution had concealed exculpatory evidence at trial.
Students of the law and of wrongful convictions recognize these instances as Brady violations. In 1964, in Brady v. Maryland, the high court ruled that the government is obligated to disclose evidence that is favorable to the defense if it is “material” to the case. “Materiality” was later further defined as having a “reasonable probability” that the outcome of the trial would have been more favorable to the defendant if the evidence had been disclosed.
But can this rule be accurately applied? Is there a better way that could cure this nation’s “epidemic” of Brady violations? Gross answers both questions in his commentary, “How Concealing Key Evidence Convicts the Innocent.”
Yesterday, a three-judge panel of the 7th U.S. Circuit Court of Appeals upheld a federal magistrate judge’s ruling that Wisconsin inmate Brendan Dassey’s confession in the rape and murder of Teresa Halbach (featured in the Netflix series “Making a Murderer”) was involuntary. The state Justice Department had appealed and will likely seek a review by the 7th Circuit or the U.S. Supreme Court. The state also has the option of retrying Dassey within 90 days.
In an Associated Press article, Steven Drizin, an expert on false confessions, Co-founder of the Center on Wrongful Convictions of Youth at Northwestern University, and one of Dassey’s attorneys said, Continue reading
“At a time when there are calls for criminal justice reform, it is important to ensure any reforms are based on sound research and data-driven, fact-based information. Calls for re-establishment of the death penalty in Maryland are not based on the aforementioned.” — Karl Bickel
Karl Bickel, a career law enforcement officer and former proponent of the death penalty, has offered a well-researched argument against making any exception to the repeal of Maryland’s death penalty, implemented in 2013. The state has opted for life in prison without the possibility of parole for its worst offenders. House Bill 881, introduced on February 6, 2017, calls for an exception for first-degree murder cases in which the victim is a law enforcement officer, correctional officer, or first responder.
A key issue for Bickel is avoiding the risk of wrongful conviction and execution of an innocent.
Bickel is retired from the Department of Justice, and has been a major city police officer, an assistant professor, and second in command of the Frederick County (MD) Sheriff’s Office.
Read his commentary here
Race and Wrongful Convictions in the United States
The National Registry of Exonerations has provided data-supported evidence of significant racial disparity in criminal justice in its report, Race and Wrongful Convictions in the United States, released today. Known murder exonerations in the United States since 1989 — cases in which a person convicted of murder was officially cleared based on new evidence of innocence — indicate that innocent African-Americans are about seven times more likely to be wrongfully convicted of murder than innocent whites.
In the Registry’s analysis of known exonerations, racial disparities were apparent at many points along the criminal justice process. As examples, blacks convicted of murder are about 50 percent more likely to be innocent than others convicted of murder. Murder convictions resulting in exonerations for blacks were 22 percent more likely to have involved police misconduct than exoneration cases of white murder defendants. Black murder exonerees waited three years longer than white murder exonerees to be released from prison (among those sentenced to death, blacks spent four years longer in prison than white murder exonerees). Continue reading
The year 2016 will go down as a good one for Freddie Peacock. But because it was so long in coming, it surely must be bittersweet. His story illustrates the slow pace and enormous hurdles in correcting criminal justice miscarriages post-conviction. It also calls on our individual and national conscience to make 2017 the year responsible citizens send the message loud and clear to all public and criminal justice professionals that this nation must replace the mantra of “tough on crime” with “smart on crime.” In the Peacock case we learn many lessons about wrongful conviction rarely delivered so clearly by a federal judge.
In August 2016 U.S. District Judge Michael Telesca awarded Freddie Peacock nearly $6.2 million long after Peacock’s conviction of and imprisonment for a 1976 Rochester (NY) rape he didn’t commit. Peacock had sued the city of Rochester and Rochester police. Judge Telesca’s decisions in May (here) enabling Peacock to pursue civil damages and in August (here) determining his damages are instructional for those who believe wrongful convictions are the inevitable rare result of innocent human error. Continue reading
An editorial in The Inquirer (Philadelphia) calls out District Attorney Seth Williams whose Conviction Review Unit has produced more hype than results; warns against assaults on transparency in criminal justice; and applauds public officials who are getting it right. This is the critical role of reputable journalism and media in informing and educating voters. Thank you, Philly.com.
Donald Trump doesn’t acknowledge wrongful convictions proven by DNA and by the credible, delayed confession of a convicted murderer and rapist. Insisting on Friday that the Central Park 5 are guilty of the 1989 high-profile horrific attack and rape of an investment banker jogging in Central Park, he revealed he knows nothing about DNA, the dynamics of false confessions, or contemporary understandings relating to criminal justice and wrongful convictions.
Shortly after the crime occurred Trump paid thousands to run full-page ads in newspapers calling for reinstatement of the death penalty in New York. The ads fueled a fever pitch of outrage over a crime that had already stunned the nation. His insistence on inserting his opinion could only exacerbate tempers in a difficult time of race relations.
In his statement Friday, Trump revealed he is woefully uneducated in the realities of criminal justice miscarriages. This is frightening when the need for criminal justice reform has reached an awareness level great enough to find a place in both the Republican and Democrat national political platforms.
For those who study wrongful convictions and even for the informed everyday citizen, Continue reading
Posted in Editorials/Opinion, Exonerations, False confessions, Junk science, Police conduct (good and bad), Reforming/Improving the system, Uncategorized, wrongful conviction
Tagged Central Park 5, Commentary, current-events, donald trump
On Friday, a Travis County (TX) jury found Mark Norwood, 62, guilty of the 1988 bludgeoning murder of Debra Baker. Norwood was at liberty to commit Debra’s murder, because he escaped justice in the similar murder of Christine Morton two years earlier. Both victims lived in the Austin area.
Christine’s husband, Michael, was wrongfully convicted of his wife’s murder and spent nearly 25 years in prison. Among the many sad outcomes of this wrongful conviction was that the Morton’s three-year-old son Eric lost both his mother and, for 25 years, a normal relationship with his father.
If evidence supporting Michael Morton’s innocence had been shared with the defense, which is required of prosecutors, it is less likely he would have been convicted. The jury did not know that a bloody bandana was found the day after Christine’s murder outside the Morton home along a likely escape route from the property.
The jury didn’t know that little Eric was present during his mother’s murder. He told his grandmother his father wasn’t home and “a monster” was hurting his mommy. Continue reading
The Chicago Tribune has reported that Indiana Governor Mike Pence will continue to delay a pardon decision that would clear the name of a man convicted of and imprisoned for 10 years for a 1996 armed robbery he did not commit. The governor’s general counsel indicated in a letter Tuesday to Cooper’s lawyer that they first must exhaust all judicial options for appeal.
The case against Keith Cooper, 49, fell apart when DNA testing of crime scene evidence linked to a man imprisoned for his part in a subsequent 2002 murder. Eyewitnesses and a jailhouse snitch implicating Cooper and his co-defendant also recanted.
The Indiana Parole Board unanimously recommended more than two years ago that Pence pardon Cooper. The original prosecutor and crime victim shot during the burglary have also urged Pence to grant the pardon. More than 105,000 people have signed a petition supporting the pardon. Continue reading
Jim Petro, former Ohio attorney general, comments today in the Columbus Dispatch on problems with Ohio’s death penalty, including unaddressed recommendations to reduce the risk of executing the wrongly convicted…
A commentary published on September 1 in the Columbus Dispatch…
On Friday, August 12, 2016, U.S. Magistrate Judge William E. Duffin overturned the conviction of Brendan Dassey, one of the defendants highlighted in the documentary ‘Making A Murderer.’ The judge has given the state 90 days to either initiate proceedings to retry him or release him from prison.
In his 91-page decision, the judge concluded:
“The investigators repeatedly claimed to already know what happened on October 31 and assured Dassey that he had nothing to worry about. These repeated false promises, when considered in conjunction with all relevant factors, most especially Dassey’s age, intellectual deficits, and the absence of a supportive adult, rendered Dassey’s confession involuntary under the Fifth and Fourteenth Amendments.”
Law Professors Steven A. Drizin and Laura Nirider of the Bluhm Legal Clinic’s Center on Wrongful Convictions of Youth represented Dassey in the appellate process. The Clinic has represented Dassey since 2008.
View the full decision here.
Read the Center on Wrongful Convictions press release, which includes links to instructive information regarding youth interrogation and false confessions.
A new study, published in Proceedings of the National Academy of Sciences of the United States of America, supports the link between sleep deprivation and false confessions. Lawrence Sherman, Director of the Institute of Criminology at the University of Cambridge, has called it a “milestone.” New Science magazine reports, “…legal experts are predicting it will be cited in future court cases.”
From the Study: “Here we demonstrate that sleep deprivation increases the likelihood that a person will falsely confess to wrongdoing that never occurred. Furthermore, our data suggest that it may be possible to identify certain individuals who are especially likely to falsely confess while sleep deprived. The present research is a crucial step toward Continue reading
The National Registry of Exonerations has reported a record 149 known exonerations in 2015 in 29 states, the District of Columbia, federal courts, and Guam. The exonerated had served an average of 14-and-a-half years in prison for crimes they did not commit.
Increasing known exonerations has been a trend over recent years, and the National Registry of Exoneration’s annual report, Exonerations in 2015, includes several new records for 2015: Continue reading
The State of Connecticut has awarded $4.2 million each in compensation to Carlos Ashe, Darcus Henry, Sean Adams, and Johnny Johnson. The four were convicted of murder, assault, and conspiracy resulting from a December 14, 1996, shooting in New Haven, Connecticut. Jason Smith, 23, was killed and brothers Marvin Ogman, 19, and Andre Clark, 22, were injured when allegedly four men utilized semi-automatic weapons in a gang-related retaliation shooting. Including both jail and prison, the four were incarcerated for more than 16 years.
The defendants presented alibi witnesses at trial. The primary evidence presented by the prosecution was inconsistent testimony of the surviving Continue reading
The concept of an innocent person pleading guilty to a crime he did not commit is initially incomprehensible and at odds with many Americans’ beliefs about our criminal justice system. That’s why the National Registry of Exonerations’ November report focusing on false guilty pleas is difficult to absorb. An earlier report this week on this blog quantified instances of false guilty pleas from the report; this one attempts to clarify this kind of miscarriage. Continue reading
Of more than 1,700 known exonerations in the U.S. since 1989, persons innocent of the crime pleaded guilty in 261 or 15 percent of the cases. The November 2015 newsletter of The National Registry of Exonerations (NRE) sheds light on the non-intuitive decision to plead guilty when innocent, the systemic pressures that prompt it, and why an unknown number of wrongful convictions based on false guilty pleas may never be identified or corrected.
About 95 percent of criminal felony and misdemeanor convictions in the United States now come by way of a guilty plea. The trend of case resolution by plea negotiation has diminished the percentage of cases that are resolved by jury or bench trial. As the report points out, guilty pleas usually result in lighter sentences — Continue reading
From the West Virginia Supreme Court’s ruling released Tuesday, November 10, 2015:
“This Court is presented with a situation in which a defendant repeatedly requested the results of DNA testing; was incorrectly informed that such testing was not yet complete; and was presented with a time-limited plea offer that he accepted upon advice of counsel. We find that the DNA results were favorable, suppressed, and material to the defense. Thus, the Petitioner’s due process rights, as enunciated in Brady, were violated by the State’s suppression of that exculpatory evidence.”
Further, “…This Court…remands this matter for an order granting habeas relief and permitting the Petitioner to withdraw his guilty plea.”
The West Virginia Supreme Court’s unanimous ruling in Buffey v. Ballard, reversing the June 3, 2014, order of the Circuit Court of Harrison County, enables Joseph A. Buffey to withdraw his 2002 guilty plea in the case of the rape of an 83-year-old woman and requires the prosecutor to either retry the case or Continue reading
Spencer Veysey, 26, a tireless investigator for the Montana Innocence Project tragically died October 2, 2015, while mountain climbing on the east face of Longs Peak in Rocky Mountain National Park, northwest of Boulder, Colorado. A 2012 graduate of the University of Montana School of Journalism, he was one of four full-time employees of the Montana Innocence Project.
Veysey was a student intern and volunteer the past three years and became the first full-time investigator for the Montana Innocence Project. He worked long hours to uncover truth for the Project’s clients. He had evaluated and investigated many cases and had testified at trial. Veysey was described by Larry Mansch, legal director of the Project, as having a “wealth of knowledge” that he said was “truly irreplaceable.”
Our condolences to Spencer Veysey’s family, friends, and Montana Innocence Project colleagues.
Read more here: (Missoulian) and (Ames Tribune).
State District Judge Dominique Collins ordered the release from prison of Steven Mark Chaney yesterday after he had served more than a quarter of a century behind bars. He was convicted of the 1987 murders of an East Dallas couple, John and Sally Sweet. Nine witnesses testified to support Chaney’s alibi. Yet he was convicted by bite-mark junk science.
This case — and widespread official recognition of the unreliability of this type of forensic evidence — should prompt new consideration of all cases in which bite-mark testimony contributed to the conviction.
Chaney’s release yesterday was supported by Dallas County District Attorney Susan Hawk, his New York based Innocence Project Attorney Julie Lesser, and the Dallas County Public Defender’s Office. They all recognize that Chaney did not receive a fair trial.
As reported in The Guardian, Chaney will remain free while the Texas Court of Criminal Appeals reviews the case. His attorneys believe he will be exonerated… Continue reading