Author Archives: Nancy Petro

Changes at Center on Wrongful Convictions Reveal the Power of a Few

Posted on September 17, 2013 | 4 comments

As reported in the Chicago Tribune today (here) and in a release from Northwestern University Law School, Rob Warden, co-founder and executive director of the Center on Wrongful Convictions at Northwestern Law will retire at the end of the academic year. He has served fifteen years leading the Center’s pioneering efforts. With the dedicated assistance of others, he and the Center on Wrongful Convictions have freed the innocent and have been influential in prompting a staggering list of policy reforms. Continue reading →

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Conviction Error Demands Reexamination of Death Penalty

Posted on September 11, 2013 | 4 comments

The following opinion piece with the title “Jim Petro: An intolerable rate of wrongful convictions” was published today in The Akron Beacon Journal (here).

Would you get on an airplane if there were a 2.3 percent chance it would crash? The equivalent of this “worse case” outcome in criminal justice is convicting an innocent person. There’s a special horror in convicting an innocent person of a death penalty crime. Well-documented research has found that our criminal justice system’s error rate in capital cases is at least 2.3 percent. This troubling record was underscored recently when senior U.S. District Judge Anita Brody overturned the conviction of James Dennis, who spent 21 years on death row. As reported by the Associated Press, the judge called the case “a grave miscarriage of justice” and said Dennis was convicted on “scant evidence at best.” Continue reading →

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Posted in Capital punishment, Editorials/Opinion, Eyewitness identification, False confessions, Reforming/Improving the system

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Brian Banks Released from Falcons, but his Impact Continues

Posted on August 31, 2013 | Leave a comment

As reported yesterday by USA Today (here), Brian Banks was one of ten players cut from the roster of the Atlanta Falcons on Friday. Legions of fans—football followers or not—were cheering Banks on in his uphill bid to play with the NFL, an effort delayed ten years by a false accusation, wrongful conviction, prison, and his eventual exoneration when his accuser admitted the sexual assault never happened. USA Today called his determined effort the “summer feel-good story.” Continue reading →

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Posted in Editorials/Opinion, Exonerations

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Journalists Never Gave Up on Haunting Case of Innocence

Posted on August 30, 2013 | Leave a comment

On June 28, 2013, Daniel Taylor, 38, walked out of prison after serving more than 20 years for murders he did not commit. He couldn’t have committed the crimes. Taylor was in jail the night of the murders. He’d been arrested and held there following a fight in a park. But despite his unique and compelling alibi, police and prosecutors used his false confession to convict him and others. Taylor might likely still be in prison if it weren’t for his letter written to Steve Mills, a reporter at the Chicago Tribune. He and his reporting partner on articles about wrongful conviction, Maurice Possley, a Pulitzer Prize winning journalist, were not only intrigued, they became committed to proving Taylor’s innocence. But they never imagined it would take twelve years. Read this remarkable story of determination, hard work, and patience (here) in The Atlantic.

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Posted in Exonerations, False confessions, Police conduct (good and bad), Prosecutorial conduct (good and bad)

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Ohio to Assist Ex-cons Seeking Work; The Peculiar Place of the Exonerated

Posted on August 21, 2013 | 5 comments

Getting a job with prison on your resume isn’t easy. That’s an understatement, but tomorrow ex-offenders in Ohio will get free advice—including information on starting a business and finding the resources to return to school—and even free proper business clothing to help them get back into the workplace. The event, free and open to ex-offenders, will be held at Columbus State Community College. Thanks to several government agencies involved and to Ohio Development Director David Goodman for this initiative. Goodman also sponsored Senate Bill 77, the bill that enacted best practice reform aimed at reducing wrongful conviction.

Which brings to mind the peculiar place of the exonerated. One would presume that tomorrow’s program would also welcome those wrongfully convicted, because, unfortunately, many still face the stigma of prison even though they did not deserve to be there. Continue reading →

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Posted in Compensation/Exoneree compensation, Editorials/Opinion, Legislation

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Center on Wrongful Convictions: Judge Orders DNA Testing in Longstanding Case

Posted on August 6, 2013 | 3 comments

Rob Warden, Executive Director of the Center on Wrongful Convictions (CWC) at Northwestern Law, reports that this morning Peoria County Judge Stephen A. Kouri ordered DNA testing in the case of Johnnie Lee Savory. Savory was imprisoned from ages 14 to 44 and continued pursuit of proof of his innocence after his release on parole in 2006.

The CWC and co-counsel from Jenner & Block have sought DNA testing since 1998 but were opposed until today. Continue reading →

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Fourth of July Celebration Should Embolden Policy Advocates

Posted on July 4, 2013 | Leave a comment

To all Americans: Happy Fourth of July!

Americans love our Independence Day celebration in summer’s glow, and we don’t lose sight of it’s meaning amidst the holiday fun. A giant waving American flag silhouetted by cracking fireworks and accompanied by favorite patriotic songs punctuate a genuine celebration of a great, unique, and wondrous nation.

Like America itself, our celebration is brash, bold, and colorful. There’s a touch of rebellion in the in-your-face young men and women playing to the camera crew during live coverage of the fireworks, but we know young faces like these have always responded to threats to the freedoms we celebrate today. Continue reading →

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Posted in Editorials/Opinion, Reforming/Improving the system

California Innocence Project Wins Exoneration in Sexual Assault Case

Posted on June 26, 2013 | 3 comments

An emotional Uriah Courtney, 33, became the eleventh person to be exonerated through the efforts of the California Innocence Project (CIP), with assistance from students at the California Western School of Law, yesterday. Courtney had served eight years of a life sentence in prison for a 2004 rape and kidnapping of a sixteen-year old girl in Lemon Grove, California.

The exoneration was possible because evidence from the crime was retained and could be retested with more advanced DNA technology. The results not only eliminated Courtney but linked to another man, who closely resembled Courtney, and lived within three miles of the crime. Continue reading →

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Posted in Editorials/Opinion, Exonerations, Eyewitness identification, Prosecutorial conduct (good and bad), Uncategorized

New Yorkers: Urge Passage of Criminal Justice Reform Now

Posted on June 20, 2013 | Leave a comment

The Innocence Project is urging New York citizens to voice support of criminal justice reform to their legislators before the current legislative session ends on June 21.  The legislation is designed to reduce wrongful convictions by requiring the full recording of interrogations in serious felonies and by improving police witness eyewitness identification procedures.

The Innocence Project has made it easy to voice support for the legislation with a prepared message (here). Continue reading →

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Posted in Editorials/Opinion, Eyewitness identification, False confessions, Legislation, Uncategorized

Can Eyewitness Identification Alone Meet the Standard of “Beyond a Reasonable Doubt”?

Posted on June 19, 2013 | 2 comments

Joel Freedman, a frequent contributor to MPNnow of Canandaigua, New York, has posed a question very important to the Rosario family whose gatherings take place at Sing Sing Correctional Facility in Ossining, New York. His opinion piece (here) asks, “Why is Richard Rosario still in jail?” The question has a short answer, but it elevates a troubling issue in DNA-era criminal justice. Continue reading →

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Posted in Editorials/Opinion, Eyewitness identification

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Cook County Prosecutors Drop All Charges Against Nicole Harris

Posted on June 17, 2013 | Leave a comment

The Center on Wrongful Convictions (CWC) at Northwestern Law reports today that Cook County prosecutors have dropped all charges against Nicole Harris, who was wrongfully convicted of the May 2005 strangulation murder of her 4-year-old son, Jaquari Dancy. Harris served seven years of a 30-year sentence before a federal appeals court reversed the conviction. As reported last February on this blog (here) and (here) the court opined that Jaquari’s older brother, Dante—five at the time—should have been permitted to testify. Dante had told police that his brother accidentally strangled himself with a bed sheet while playing and that his brother’s death was an accident. Continue reading →

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Posted in Exonerations, False confessions

Wisconsin Innocence Project’s Work Prompts Judge to Overturn Rape Conviction

Posted on May 24, 2013 | 3 comments

Winnebago County (Wisconsin), Circuit Court Judge Daniel Bissett has overturned the 1994 rape conviction of Joseph Frey, who has been serving a 102-year sentence for the crime, which involved the rape at gunpoint of a University of Wisconsin student in her apartment. According to a Wisconsin State Journal report (here), the judge said Frey’s “conviction must be vacated ‘in the interest of justice.’” Frey remains in jail as prosecutors decide whether or not to retry him. Continue reading →

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Posted in Editorials/Opinion, Eyewitness identification, Police conduct (good and bad), Prosecutorial conduct (good and bad), Uncategorized

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Actor/Director Tony Goldwyn: What You Can Do to Reduce Wrongful Conviction?

Posted on May 21, 2013 | 11 comments

What can you do to reduce the wrongful conviction of the innocent? “You don’t have to make a movie. You don’t have to write a book.” Actor/Director Tony Goldwyn urges everyone to get engaged, to use social media to tell the story.

It’s an important two-minute message that, if widely implemented, will change public policy, will accelerate the implementation of best practices in criminal justice, and will raise the quality and integrity of  justice.

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Michael Morton Act to Become Texas Law on September 1

Posted on May 17, 2013 | 11 comments

Texas Senate Bill 1611, known as the Michael Morton Act, has been passed by the Texas legislature, signed by the governor, and will become law on September 1. It requires that prosecutors give defense attorneys any evidence that is relevant to the defense’s case.

This advance is a fitting legacy for Michael Morton, wrongfully convicted of killing his wife, and wrongfully incarcerated for 25 years before DNA exonerated Continue reading →

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Posted in Editorials/Opinion, Legislation

Decision of Conviction Integrity Unit Leaves Many Questions Unanswered

Posted on May 15, 2013 | 3 comments

Jon-Adrian Velazquez has received more attention than most inmates who claim innocence. He’s served more than fourteen years of a 25-years-to-life sentence in prison after being convicted of the shooting of retired New York City police officer Albert Ward during a hold-up at an illegal betting parlor allegedly operated by Ward. The case prompted many lingering questions, but an 18-month official review has apparently not provided a broader consensus that justice has been served, nor that a new review initiative will be effective in addressing possible wrongful convictions. Continue reading →

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Posted in Commissions/Innocence Commissions/Governmental Case Review Agencies, Editorials/Opinion

NY Conviction Integrity Unit to Review Notable Detective’s Cases; Chicago Urged to Follow

Posted on May 14, 2013 | 5 comments

Louis Scarcella, 61, now retired, a gregarious, former New York police detective who was a go-to investigator for the city’s highest profile murder cases, utilized techniques that might euphemistically be called creative or unorthodox. As the New York Times reported (here) on Sunday, Brooklyn District Attorney Charles J. Hynes has ordered a review of 50 murder cases handled by Scarcella in light of growing questions concerning his tactics and mounting concerns about the integrity of the resulting convictions. Today, the Chicago Sun-Times has published an editorial urging the Cook County State Attorney’s Conviction Integrity Unit to pursue a similar review of the cases of another productive investigator, Chicago Police Detective Reynaldo Guevara. Continue reading →

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Posted in Commissions/Innocence Commissions/Governmental Case Review Agencies, Editorials/Opinion, Police conduct (good and bad)

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Judge Calculates New York’s Payment for Wrongful Imprisonment: About $5.5 Million

Posted on May 3, 2013 | 6 comments

What financial number would you put on the loss of nine years, nine years of freedom exchanged for nine years in prison? What’s the price of family separation, damaged relationships, stress and anxiety? What’s fair compensation for health ramifications and ongoing required treatment? What about lost wages and impaired future earnings? As mentioned on this blog today (here), Nicholas V. Midey Jr., Judge of the New York Court of Claims, ruled on April 4, 2013, that for Daniel Gristwood, 46, a father of five who spent nine years in prison for a crime he did not commit, the appropriate compensation from New York state is $5,485,394.

Directly from Judge Midey’s 22-page ruling: Continue reading →

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Posted in Compensation/Exoneree compensation, Editorials/Opinion, False confessions, Police conduct (good and bad), Reforming/Improving the system

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Kentucky Supreme Court Opens Door to DNA Testing in Non-Capital Case

Posted on April 26, 2013 | 1 comment

Yesterday, the Supreme Court of Kentucky in a unanimous decision, reversed a lower court ruling and opined that appellants were entitled to DNA testing in a non-capital case. The testing was sought by two men convicted in the 1992 murder of Rhonda Sue Warford. The men have always claimed innocence.

The opinion reflected the high court’s surprise by the state’s resistance to do the testing in view of the state’s own argument that the testing might not exculpate Continue reading →

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Notes from the 2013 Innocence Network Conference: Inspiring, Instructive, Productive

Posted on April 24, 2013 | 4 comments

Not many wrongfully convicted people will one day play professional football. In fact, so far, just one Innocence Project client, exonerated after wrongful conviction and imprisonment, has been drafted by the National Football League. Brian Banks’s story is inspiring and higher-profile than most, yet, as the 2013 Innocence Network Conference convened last week in Charlotte, North Carolina, attendees were reminded that every exoneration is an inspiring story of determination and indomitable human spirit demonstrated by an unguaranteed quest for freedom and true justice, however delayed. Continue reading →

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Posted in Editorials/Opinion, Events, Reforming/Improving the system

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Judge Issues Arrest Warrant for Former Prosecutor in Michael Morton Case

Posted on April 19, 2013 | 37 comments

Judge Louis Sturns of Fort Worth today issued an arrest warrant for former Williamson County Prosecutor Ken Anderson, currently a Texas District judge, for his handling of the case of Michael Morton. According to the Wall Street Journal (here), following a weeklong Court of Inquiry earlier this year, Judge Sturns  has ruled that there was sufficient evidence that Anderson “was guilty of all three charges brought against him: criminal contempt of court, tampering with evidence and tampering with government records.” Continue reading →

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