Author Archives: Nancy Petro

Prosecutor’s Murder is Grim Reminder of Dangers of Public Service

Posted on February 1, 2013 | 1 comment

Yesterday morning in broad daylight, Kaufman County (TX) Assistant County Prosecutor Mark Hasse was gunned down near his Courthouse office. The county’s chief felony prosecutor died shortly thereafter. By all reports, Hasse was a talented litigator who was committed to the rights of victims. ABC news reports (here) that colleagues said he “never shied from taking on cases involving dangerous people or organizations.” Continue reading →

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Judge Rules Imprisoned Former Akron Police Captain “Actually Innocent” in Former Wife’s Murder

Posted on January 29, 2013 | 1 comment

Summit County Common Pleas Judge Judy Hunter has declared former Akron police Capt. Douglas Prade “actually innocent of aggravated murder” in the killing of his former wife, Dr. Margo Prade. Prade was convicted of her murder in 1997. The judge has ruled that Prade “shall be discharged from prison forthwith.” Continue reading →

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Posted in Editorials/Opinion, Exonerations, Junk science

Results of Official Probe of Murder Conviction Expected Soon

Posted on January 23, 2013 | Leave a comment

The Cook County State’s Attorney’s Conviction Integrity Unit has been investigating the case of Tyrone Hood who was convicted of the 1993 murder of Illinois Institute of Technology basketball star Marshall Morgan, Jr. As reported earlier in the Chicago Tribune (here), the imprisoned Hood has steadfastly claimed innocence, even when an admission of knowledge of the case could have shaved time off his 75-year sentence.

According to the article, an insurance company was suspicious of the possible involvement of the basketball player’s father, Marshall Morgan, Sr., in his son’s Continue reading →

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Dr. Martin Luther King Jr.: A Voice for Justice for the Ages

Posted on January 21, 2013 | Leave a comment

Today, the third Monday of January, is a federal holiday in the United States in recognition of the birthday of the Rev. Dr. Martin Luther King, Jr. He was born on January 15, 1929. Dr. King was the leader of the modern Civil Rights Movement from 1955 until 1968. The King Center (here) established in 1968 is a rich source of information on his life and notes that “Dr. King is widely regarded as American’s preeminent advocate of nonviolence and one of the greatest nonviolent leaders in world history.” Continue reading →

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Ohio’s Faster Compensation for Wrongfully Convicted Faces First Implementation

Posted on January 18, 2013 | 2 comments

In September 2012 Ohio lawmakers required a faster track to compensation payment for the wrongfully convicted. The new provision is that “within sixty days after the date of the entry of the determination by the court of common pleas…that a person is a wrongfully imprisoned individual, the clerk of the court of claims shall forward a preliminary judgment to the president of the controlling board requesting the payment of fifty per cent of the amount” of the compensation as authorized by state law. The board is then required to take all actions necessary to make the payment. The new provision will be put to the test this month.

As reported by the Columbus Dispatch (here), Darrell Houston, who spent 16 years in prison for a murder he didn’t commit, is likely to be the first to receive the expedited partial payment, in his case, nearly $380,000. This will be good news for Houston, who has worked at a car wash to meet expenses.

Nevertheless, as is usually the case in wrongful convictions, Houston’s road to exoneration and compensation has been long. Continue reading →

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

Science Should Inform Policy on the Use of DNA in Criminal Justice

Posted on January 12, 2013 | 1 comment

Should individuals have the right to DNA privacy? The Ohio Supreme Court recently essentially said “No.” The decision prompted opposing opinion pieces in The Plain Dealer (Cleveland) on December 2, 2012. They are enlightening to all considering public policy on the use of DNA testing and DNA profiles in criminal justice. I hope that this summary, as well as this opinion, prompts a broader discussion toward recommended policies on the use of DNA, our most reliable form of human identification in criminal justice.

When and under what conditions biological evidence for DNA testing should be taken and whether or not it should be retained are controversial issues  even within the Innocence community. This is understandable. While DNA testing of Continue reading →

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Posted in Editorials/Opinion, Uncategorized

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Missouri Supreme Court Overturns Murder Conviction; AG Intends to Retry Case

Posted on January 9, 2013 | 1 comment

Yesterday Missouri’s high court in a unanimous decision overturned the murder conviction and life sentence of Mark Woodworth, 37, in connection with the fatally shooting of Catherine Robertson and the wounding of her husband, Lyndel, as they slept in their home near Chillicothe, a town of less than 10,000 in northern Missouri. The court ruled that prosecutors had withheld evidence that would have been beneficial to Woodworth’s defense and ordered his release within 60 days of the finalized ruling, unless prosecutors file documents to retry him.

Attorney General Chris Koster indicated through a spokesperson later in the day that his office would retry Woodworth. Continue reading →

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

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New States Attorney Vacates Conviction; Ends Long Journey to Exoneration

Posted on January 8, 2013 | 3 comments

Bennie Starks was overjoyed, struggled to find words, and fought back tears yesterday, January 7, 2013, after newly elected Lake County (IL) State’s Attorney Mike Nerheim officially vacated his charge of aggravated battery. A rape charge against Starks had already been dropped in May. Starks spent 20 years in prison after being convicted of the charges, stemming from the 1986 assault and battery of a 68-year-old woman, until DNA testing and challenges to other evidence in the case prompted an overturning of his rape conviction. Continue reading →

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Posted in Exonerations, Uncategorized

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Michael Hash Sues Current and Former Public Officials after Wrongful Conviction

Posted on January 5, 2013 | 6 comments

Michael Hash, who served nearly 12 years in prison before U.S. District Court Judge James C. Turk granted his release on a Habeas Corpus ruling, has filed a lawsuit in federal district court in which he is seeking damages to be awarded—as reported in The Free Lance-Star of Fredricksburg (here)—“in such amounts as the Court and jury find fair and reasonably supported by the evidence and that will deter such conduct by defendants in the future.” Hash has asked for a jury trial.

The defendants named in the lawsuit are former Culpeper (VA) County Commonwealth’s Attorney Gary Close; three Culpeper Sheriff Continue reading →

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

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2012: A Banner Year for the Cause of Reducing Wrongful Conviction

Posted on January 1, 2013 | 8 comments

January 1, 2013

For those involved in the cause of improving criminal justice, the ringing in of a new year prompts reflection on mankind’s progress toward equal, fair, and accurate justice for all, the foundation of just societies and sustainable peace. By any measure, 2012 marked many advances for those dedicated to truth in criminal justice. Progress was made in achieving exonerations; expanding awareness, understanding, and activism; advocating for best practices in criminal justice policies and procedures; and increasing knowledge that can inform more accurate verdicts.

Here are ten notable advances achieved in the name of true justice in 2012: Continue reading →

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Posted in Editorials/Opinion, Exonerations, Eyewitness identification, Reforming/Improving the system

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Compromised Justice? Selling Case Details to Would-be Snitches

Posted on December 20, 2012 | 1 comment

A must-read USA Today report published on December 14 (here) places a spotlight on a process rarely revealed to those outside the justice system: The role of the snitch in making federal cases…and in reducing sentences. While DNA proven wrongful convictions have shown that snitches can be a questionable source for information, the use of snitches continues to be widespread. So much so that credible case information is a currency for getting out of jail sooner.

Imprisoned bank robber Marcus Watkins is not the first to recognize that there could be a profitable business in selling case details to defendants and convicts desperate to reduce their sentences. Continue reading →

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Posted in Editorials/Opinion, Reforming/Improving the system

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National Registry of Exonerations Grows Steadily, with Little Fanfare

Posted on December 13, 2012 | Leave a comment

About six weeks ago, the National Registry of Exonerations reached the milestone of  1,000. Today the tally is 1,033. Each added case is accompanied by a name, a photo, and the story of a life completely disrupted or virtually destroyed by a miscarriage of justice. As the number grows, it sounds a wake-up call ever louder, but the sheer numbers can also numb us to the human impact of each wrongful conviction and hard-won exoneration. A recently added name is Alfonso Gomez. His story sounds all too familiar, and the lack of attention in the media may be an indication that cases like this are no longer particularly newsworthy. Continue reading →

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Posted in Editorials/Opinion, Exonerations, Eyewitness identification

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Executed Serial Killer’s DNA May Solve Cold Cases

Posted on December 3, 2012 | 2 comments

Did serial killer John Wayne Gacy commit other murders still unsolved? Thanks to Cook County (IL) sheriff’s detective Jason Moran, who located evidence vials of Gacy’s blood, some old cold cases may soon be solved. Moran and his department are pursuing an innovative strategy of procuring DNA profiles of Gacy and other executed serial murderers for submission into the national CODIS database. It is hoped that the DNA will match biological evidence from unsolved cold cases, and this will prompt other departments nationwide to submit DNA profiles from those executed in their state as well as DNA evidence from still unsolved cold cases.

An added bonus: Whenever DNA definitively solves a crime, the likelihood of convicting an innocent person is greatly diminished.

The A.P. broke this story (here).

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Posted in Editorials/Opinion, Uncategorized

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First Innocence Project Dedicated to Women Launched Today in Chicago

Posted on November 29, 2012 | Leave a comment

The Center on Wrongful Convictions (CWC) at Northwestern Law has been instrumental in exonerating four persons in a category that represents less than seven percent of the more than 1,000 persons who have been exonerated in the United States: Women. Today, the Center will launch its new Women’s Project, the first Innocence Project dedicated to the special needs and circumstances of women who have been wrongfully convicted.

A press conference at 10:00 a.m. in Northwestern Law’s Bluhm Legal Clinic will be followed by an event and reception at the law school at 6:00 p.m. tonight in Lincoln Hall. CWC Lawyer Karen Daniels, one of the leaders of the project, and exonerees Audrey Edmunds, Gloria Killian, Joyce Ann Brown, and Julie Rea, as well as others who have been instrumental in establishing the Center, will discuss its work and goals.

“Women fighting wrongful convictions face special challenges,” said Rob Warden, executive director of the Center on Wrongful Convictions. Continue reading →

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Posted in Editorials/Opinion, Exonerations

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Lawmakers Need to Heed the Lessons of Wrongful Conviction

Posted on November 27, 2012 | 3 comments

Last week Virginia’s Governor and the state’s Attorney General scrambled to find a legal way to release Jonathan Montogmery from prison after his accuser admitted the sexual assault—for which he had served four years—never happened. The Washington Post railed against “balky officials in Richmond who will not move off the dime to free him” in a published opinion (here). However, the editorial also properly identified the “root problem”: Virginia’s 21-day rule.

In states across the country existing laws indicate an unacceptable lack of awareness or concern over the lessons of wrongful conviction. Continue reading →

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Posted in Editorials/Opinion, Exonerations, Legislation, Reforming/Improving the system

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Federal Judge Unsettled by D.A.’s Apparent Indifference in Wrongful Conviction

Posted on November 20, 2012 | 4 comments

According to The Wall Street Journal (here), Federal Court Judge Frederic Block expressed frustration with the apparent indifference Brooklyn (NY) District Attorney Charles Hynes has shown in response to the “aberrational behavior” of one of his top prosecutors in a case that led to the wrongful conviction of Jabbar Collins in the 1994 murder of Rabbi Abraham Pollack.

Collins, a 10th grade drop-out with high school equivalency and some college, proclaimed his innocence and dedicated himself in prison to utilizing state and federal records laws to obtain information about his case. He bumped into Continue reading →

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Posted in Exonerations, Police conduct (good and bad), Political cases, Prosecutorial conduct (good and bad)

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Conviction Reversal Illustrates Importance of Competent Defense Counsel

Posted on November 19, 2012 | 5 comments

Rafael Madrigal, Jr. embraced his children—Kimberly, 8, Raphael, 11, and Andrew, 15—and his wife Veronica after his release in October 2009 from a California prison. See video (here). A federal judge overturned his conviction for attempted murder related to a drive-by shooting after Madrigal had served 9 years in prison. The reversal was based on evidence supporting Madrigal’s innocence that his attorney never presented to the jury. Continue reading →

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Posted in Defense lawyering (good and bad), Editorials/Opinion

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Lawyers, Officials, Work Through Legalities to Free Innocent Man

Posted on November 17, 2012 | Leave a comment

Mid-Atlantic Innocence Project lawyers are working through this weekend to prepare a request of Virginia Gov. Bob McDonnell for a conditional pardon for Johnathon Montgomery, 26. Montgomery has served four years in prison following his 2008 conviction of sexual assault. The crime allegedly happened eight years earlier, in 2000, when Montgomery was 14 and the victim was 10. Montgomery was convicted on the testimony of the victim who was 17 at the time she raised the accusation. Now 22, Elizabeth Coast has recanted her testimony and admitted the assault never happened.

Coast says she made up the assault as a defense and explanation to her parents who discovered her looking at sexually explicit sites on the Internet. The Daily Press first reported on this case. This ABC report also indicates that Coast is being charged with perjury for the false accusation. Continue reading →

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Posted in Editorials/Opinion, Exonerations

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George Allen Jr., Released Today after 30 Years; Case Continues

Posted on November 14, 2012 | 1 comment

George Allen Jr.’s mother, Lonzetta Taylor, never doubted her son’s innocence. When asked why, she repeated what she said three decades ago: “Because he was with us at the time of the crime.” As reported and recorded (here), Taylor said that she was just “overjoyed” to see her son released today. She added, “I knew he’d get out in God’s time.”

Allen, 56, has served 30 years of a 95-year sentence after being convicted of the rape and murder of Mary Bell of St. Louis. A summary of the case was published earlier this month (here).

Cole County (MO) Circuit Judge Dan Green recently vacated Allen’s conviction based on the discovery that numerous pieces of evidence pointing to Allen’s innocence were not shared by the Continue reading →

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Posted in Police conduct (good and bad), Prosecutorial conduct (good and bad)

Texas Wrongful Conviction Continues to Reveal Tragic Human Costs

Posted on November 10, 2012 | 5 comments

Yesterday, a Travis County (TX) grand jury indicted Mark Norwood on capital murder charges in the 1988 death of Debra Baker. Norwood is currently awaiting trial on murder charges in the 1986 death of Christine Morton. The apprehension of the man whose DNA is allegedly linked to both murders was delayed more than two decades by the wrongful conviction of Michael Morton, Christine’s husband, who served 25 years in prison for the crime he always said he did not commit.

The lesson is painfully clear: If Norwood is guilty of both murders, Debra Baker would likely be alive today had Norwood, and not Michael Morton, been Continue reading →

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

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