Author Archives: Nancy Petro

Ohio and California: Convictions Overturned after Record-Long Wrongful Incarcerations

It has been a remarkable week for Innocence work, and this is only Wednesday.

Yesterday, November 18, Ricky Jackson’s murder conviction was vacated in Ohio after Jackson had spent 39 years in prison. Cuyahoga County Prosecutor Timothy McGinty acknowledged the case against Jackson had disintegrated when the key witness, who was 12 years old at the time of the crime, recanted. The district attorney does not expect to retry Jackson, 57, who broke into sobs as it became clear that the charges against him were being dropped. He is expected to walk free on Friday. Continue reading

New York Taxpayers to Pay $9 Million in Wrongful Conviction Settlement

New York City, its Housing Authority, and the State of New York have agreed to pay $9 million to Danny Colon, 50, and Anthony Ortiz, 44. Both men spent 16 years in prison before their convictions in a 1989 double murder — a drive-by shooting — were overturned in 2009.

The New York Court of Appeals reversed an earlier Appellate court decision and ordered a new trial for the men after finding that the Manhattan prosecutor had knowingly utilized false testimony from a key witness, a felon and drug dealer. The prosecutor denied in her final argument to the jury that the witness had been compensated for his testimony, but he subsequently received a Continue reading

Open Records Policies Shine Light on Misconduct, Injustice

Dallas County (TX) District Judge Mark Stoltz issued findings of fact and conclusions of law last week before recommending that the murder convictions of Dennis Lee Allen and Stanley Orson Mozee be overturned. The two men were subsequently released after each had served 15 years in prison. The judge’s findings will now go before the Texas Court of Criminal Appeals for review. ABC News WFAA 8 reported (here) that the two are expected to be exonerated.

Allen and Mozee were convicted of the 1999 murder of Reverend Jesse Borns Jr., who was found stabbed outside his workplace, a retail store. No physical evidence linked the men to the crime. The conviction was won on the unrecorded confession of Mozee — who immediately recanted and claimed he was coerced into signing the police-written statement — and the testimony of two jailhouse informants. The informants denied under oath at trial that they were promised compensation for their testimony. Continue reading

David McCallum and the late William Stuckey exonerated of murder

After 29 years in prison, David McCallum was exonerated yesterday  of a murder he did not commit. Kings County (NY) Supreme Court Justice Matthew D’Emic also exonerated William Stuckey who died in prison in 2001. It took an army of advocates over many years — including the late Rubin “Hurricane” Carter, who had also been wrongfully conviction of murder — to finally overturn this miscarriage.

As teenagers McCallum and Stuckey falsely confessed to the murder of  Nathan Blenner, who died of a single gunshot wound to the head. McCallum and Stuckey quickly recanted the confessions. Although the confessions were filled with inconsistencies and inaccuracies, the men were convicted and lost all appeals. Over the years, McCallum refused parole rather than admit guilt to a crime he did not commit. His struggle was recorded in a recently released documentary, “David & me.”

Brooklyn District Attorney Kenneth Thompson, whose Conviction Review Unit investigated the case, recommended this exoneration, and has now cleared convictions in ten cases, said in a Wall Street Journal Report (here), “I think the people of Brooklyn deserve better, and I think we should not have a national reputation as a place where people have been railroaded into confessing to crimes they did not commit.”

Congratulations to Mr. McCallum and to the family of William Stuckey. The nation should be grateful for the persistence and hard work of all who contributed to this reversal including Steven Drizin of the Center on Wrongful Convictions (Chicago), Rubin “Hurricane” Carter and Ken Klonsky, Innocence International (Toronto), Oscar Michelen of the New York law firm of Cuomo, LLC, Professor Laura Cohen of the Rutgers-Newark Law School’s Criminal and Youth Justice Clinic, and King’s County District Attorney Kenneth Thompson  and his Conviction Review Unit team.

 

Adding Balance and Transparency to the Plea Bargaining Process

The Hon. Jed Rakoff — U.S. District Judge, Federal District Court in Manhattan — has expressed concern over the fairness and accuracy of outcomes resulting from plea bargaining. In the United States, plea agreement negotiations have become the resolution mechanism for the vast majority—more than 95 percent—of federal and state criminal cases. The judge believes that the process contributes to an unacceptable number of innocent people pleading guilty to crimes they did not commit.

“We have hundreds, or thousands or even tens of thousands of innocent people who are in prison, right now, for crimes they never committed because they were coerced into pleading guilty,” Judge Rakoff said at the University of Southern California Gould School of Law’s annual Neiman Sieroty Lecture earlier this year. Read an article in USCNews on his comments (here).

The judge noted in an article in the New York Daily News (here), “The current Continue reading

A Case for Mercy and Discretion in Criminal Justice

“I have always found that mercy bears richer fruits than strict justice.”

– Abraham Lincoln

So-called tough-on-crime policies in the United States over several decades have resulted in unanticipated changes in the criminal justice system that most Americans probably do not fully realize. Mandatory sentencing, policies such as “three strikes,” and increasing use of plea bargaining as opposed to jury trials have prompted an explosion in the prison population and unprecedented prosecutorial authority. With all due respect to those prosecutors who serve us well, we now know that increased power and immunity from abuses have enabled prosecutorial misconduct, a significant contributor to wrongful convictions.

While the Innocence Project and other organizations work to correct miscarriages and prevent others, and new models such as conviction integrity units seek to address the failure of the appeal process to correct conviction errors, a recent case demonstrated the appropriate use of an intact but rarely used remedy: mercy and discretion by public officials.

These capacities once broadly utilized by judges in sentencing may be the most efficient way to cure injustices whether wrongful convictions or unfair sentencing. In a recent illustration, no one questioned the guilt of Francois Holloway. The New York Times reported (here) and (here) that he was charged in 1995 with three counts of carjacking and using a weapon during a violent crime (he did not carry a gun but his accomplice did).

When the government prosecutor offered Holloway a plea deal with a prison term of 11 years, he declined. Holloway’s lawyer assured him that he would win at trial.

His attorney was wrong. Continue reading

New Developments in Willingham Case, Ten Years After Execution

The Innocence Project has asked the State Bar of Texas to investigate former Navarro County prosecutor John Jackson relating to the arson case of Todd Willingham. Convicted of setting a fire on Dec. 23, 1991, that resulted in the death of his three young children — Amber, 2, and twins Karmon and Kameron, 1 — Willingham was executed on February 17, 2004.

Expert forensic testimony provided at the Willingham trial that equated burn patterns to the use of accelerants has been debunked by contemporary forensic science. Now, an article by Maurice Possley for The Marshall Project published in The Washington Post, details new evidence that undermines the second significant evidence that supported the conviction of Willingham, testimony from a jailhouse informant. Continue reading

The FBI’s Can of Worms: Forensic review stalls, resumes on order of DOJ

The FBI’s massive review of criminal convictions with FBI forensic hair and fiber testimony, initiated in 2012, stalled in the face of widespread errors spanning two decades, but the review has resumed this month on order of the Justice Department. As reported by Spencer S. Hsu, an investigative reporter for the Washington Post, “Nearly every criminal case reviewed by the FBI and the Justice Department as part of a massive investigation started in 2012 of problems at the FBI lab has included flawed forensic testimony from the agency, government officials said.”

Read Hsu’s comprehensive article here. Highlights directly from the article: Continue reading

First-of-its-kind Exoneration Expected in Dallas

Michael Phillips, an African American man falsely convicted of sexual assault, told everyone he was innocent, but after his attorney advised that he would be better off pleading guilty than risking conviction at trial, and after he then served out his 12-year prison term, he never thought his name would be cleared. However, on July 25, 2014, at 9 a.m. Mr. Phillips, 57, in a wheel chair due to sickle cell anemia, is expected to be exonerated in Criminal District Court 3 at the Frank Crowley Courts Building in Dallas, Texas.

Dallas County District Attorney Craig Watkins’ ongoing initiative to review untested rape kits revealed that Michael Phillips was innocent. According to the National Registry of Exonerations, this is the first time in the United States an exoneration of this nature has occurred…as a result of a district attorney’s systematic testing without active request by a defendant. Continue reading

Kevin Martin Exonerated after 26 Years in Prison; FBI Forensic Hair Analysis in Error

The Washington Post has reported that Kevin Martin’s conviction of the 1982 murder of Ursula C. Brown was vacated on Monday. Brown had been abducted, sexually assaulted, and murdered after her car was struck from behind during a rash of similar crimes that authorities had dubbed the “bump-and-rob” assaults in Washington, D.C. Martin had long contended his innocence in the killing.

Martin is the fifth person to have his conviction overturned as a result of a recognition of inaccurate FBI hair analysis. The FBI and Justice Department review of all convictions involving FBI hair matches in the 1980s and 1990s continues. Two comprehensive reports linked here provide an indication of the bumpy road to truth years and even decades after miscarriages were prompted by an unjustifiable trust in unreliable science presented by a highly credible source.

Highlights directly from the Washington Post: Continue reading

National Registry of Exonerations June Report: Record-Breaking Pace in 2014, Causal Insights

The June 2014 update of the National Registry of Exonerations has reported 50 exonerations in the first half of 2014, which is on pace to be record-breaking and to exceed the 87 exonerations reported at year-end in 2013. Each year’s total is a dynamic number. The tally for 2013, for example, had recently increased to 89 as exonerations from the year continue to be discovered. As of June 27, 2014, the Registry was reporting 1,385 exonerations since 1989. As of today, the total has advanced to 1,394.

While these numbers are important, they are a high-level summary of the comprehensive information and case profiles that enable research and insights regarding miscarriages of justice.

An important revelation of the National Registry’s interactive database—which includes both DNA-proven and other official exonerations—is that different types of crimes have different primary contributors. Two recently created graphs enable examination of common contributors by type of crime. The graphs Continue reading

Court Reexamines Arson Murder Conviction In Fort Stockton, Texas

A so-called “Junk Science” law passed in 2013 in Texas has helped enable review of the case of Sonia Cacy, 66, of Fort Stockton. Cacy was convicted of the 1991 murder by arson of her uncle, William Richardson. She has claimed innocence in the fire that swept through the small home they shared. The Innocence Project of Texas has been fighting for several years for her exoneration.

Cacy was sentenced to 99 years in prison but was paroled in 1998 after serving six years. According to the Innocence Project, post-conviction review of the case that included testimony from several experts was successful in securing her release. She’s had difficulty finding employment and housing and has been working for more than 20 years for exoneration to clear her name and her record of the conviction.

Cacy’s lawyers this week presented evidence supporting her innocence in two hearings, Monday and Tuesday, in Fort Stockton. Judge Bert Richardson expects to take several months to release his ruling.

According to several media reports, at trial a Bexar County toxicologist testified to jurors that gasoline was found on Richardson’s clothes, but several fire experts Continue reading

Another $40 Million Settlement for Wrongfully Convicted

As reported this morning in the Chigago Tribune (here), the Illinois State Police has agreed to pay the state’s highest wrongful conviction compensation to date to five men wrongfully convicted of the 1991 rape and murder of Cateresa Matthews in Dixmoor, Illinois.

The five men — Robert Veal, Robert Taylor, James Hardin, Jonathan Barr, and Shainnie Sharp, who became known as “The Dixmoor Five”— were teens when arrested for the crime and were exonerated when DNA testing linked to another known felon. Two of the five had served sentences of ten years and three served nearly two decades before their release.

The federal lawsuit alleged that both State and Dixmore police ignored evidence of another perpetrator and coerced a confession that implicated the four others from 15-year-old Robert Veal, who “had an IQ of 56 and developmental disabilities.” The lawsuit alleged that the police “threatened and abused” some of the other teens, including beating 15-year-old Robert Taylor into confessing. Continue reading

Open Disclosure by Federal Prosecutors is Goal of Proposed Bill

The Center for Prosecutor Integrity (CPI), a non-profit organization which seeks “to preserve the presumption of innocence, assure equal treatment under the law, and end wrongful convictions” today released a proposed bill that would require federal prosecutors to implement an open-file policy. The bill addresses a weakness in the implementation of the Brady requirement to disclose all exculpatory evidence to the defense: Prosecutors currently determine what evidence is “material” (would likely impact the outcome of the case) and therefore subject to disclosure.

CPI’s Registry of Prosecutorial Misconduct has revealed that Brady violations —prosecutorial failure of the constitutional requirement to disclose exculpatory evidence relevant to the guilt or innocence and to the punishment of the defendant — as the leading type of misconduct by federal prosecutors.

The Federal Prosecutor Integrity Act would mandate that federal prosecutors, beginning at the time of arraignment, disclose all documents, scientific tests, witness statements, and other relevant evidence to the defense. Any additional information and evidence would need to be disclosed as the case progresses. Continue reading

Brooklyn, NY, Conviction Review: Seventh Man Set Free, After 17 Years in Prison

The New York Times reported yesterday (here) that Roger Logan, 53, has been exonerated and released from prison as a result of the ongoing probe of 90 murder cases by a conviction review unit under the direction of Kings County District Attorney Kenneth P. Thompson. Logan—the seventh man to be released since Thompson took office on January 1, 2014—had steadfastly maintained his innocence during the 17 years he served in prison following his conviction and sentence of 25 years to life.

Logan had been convicted of the 1997 shooting of Sherwin Gibbons, who was killed in the vestibule of a Bedford-Stuyvesant building.

The Conviction Integrity Unit is looking at all 57 murder convictions involving former detective, Louis Scarcella, whose unorthodox tactics and unraveling convictions have prompted serious scrutiny, as well as other convictions stemming especially from the 1980s and 1990s, a time of rampant crime and violence. Continue reading

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

National Academy of Sciences Study: Over Four Percent of People Sentenced to Death are Likely Innocent

New peer-reviewed research indicates that at least 4.1 percent of defendants sentenced to death in the United States are likely innocent. The article, “Rate of False Conviction of Criminal Defendants who are Sentenced to Death,” published today in one of the world’s most respected scientific journals—Proceedings of the National Academy of Sciences—is available at http://www.eurekalert.org/account.php

“This study provides the first rigorous estimate of the rate of conviction of innocent criminal defendants in any context. It shows that the number of innocent people sentenced to death is more than twice the number of inmates actually exonerated and freed by legal action,” said Bruce Levin, Ph.D., Professor and Past Chair, Department of Biostatistics, Mailman School of Public Health Columbia University. Levin, an expert in statistics, did not participate in the research but is familiar with the study. Continue reading

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

Jury Awards $36M in Wrongful Conviction Suit to Two NY Men

A jury in U.S. District Court in Central Islip, New York, yesterday awarded John Restivo, 56, and Dennis Halstead, 59, $18 million each—$1 million for every year they spent in prison—following their wrongful convictions in the 1984 rape and murder of 16-year-old Theresa Fusco. All charges had been dismissed in 2003 after DNA testing of evidence, which was conducted over ten years, excluded the men and implicated another, unidentified perpetrator.

After a four-week trial in the federal civil rights lawsuit, the jury concluded that Nassau County lead detective, Joseph Volpe, now deceased, had engaged in official misconduct, including fabrication of hair evidence and withholding of exculpatory evidence in the case. Continue reading

National Registry of Exonerations Records 600th Exoneration for Murder

The National Registry of Exonerations, a dynamic database of known exonerations in the United States since 1989, recently reported another noteworthy milestone: the 600th exoneration for murder. Of 1,348 known exonerations as of April 8, 2014, nearly 45 percent have been for murder. This disturbing statistic, once unimaginable to most Americans, supports the assumption that countless wrongful convictions are yet unknown and the conclusion that Americans should strongly support efforts to improve the criminal justice system.

Above all, the 600th exoneration for murder confirms the “tip of the iceberg” characterization often referenced by those who have researched known exonerations. Continue reading