Author Archives: Mark Godsey

French Exoneree Gets 800,000 euros for Wrongful Conviction….

From Expatica.com:

A French court Tuesday ordered nearly 800,000 euros to be paid in compensation to a former farm worker who spent more than seven years in prison after being falsely convicted of child rape.

Loic Secher, 51, is only the seventh person to have a wrongful conviction overturned in France since 1945. He had been demanding 2.4 million euros ($3 million) in damages.

Secher had spent seven years and three months in prison after a 14-year-old girl accused him of raping her. He was sentenced in 2003 to 16 years in jail.

The alleged victim retracted her accusation in 2008 and Secher was acquitted two years later, emerging from prison in April 2010.

His lawyers said he suffered violence at the hands of his fellow prisoners and had attempted suicide.

The court in the northwestern city of Rennes also ordered Secher’s mother to be paid 50,000 euros in damages and awarded a sum of 30,000 euros to each of his three siblings.

Secher, who had consistently proclaimed his innocence, has said he felt “destroyed” and “ruined” by his time in prison.

“There can be no price put on compensation for what he went through,” said Jean-Pierre Chesne, who headed a group seeking Secher’s acquittal.

New Scholarship Spotlight: Eyewitnesses and Exclusion…

Virginia Professor Brandon Garrett has posted Eyewitnesses and Exclusion on SSRN.  Download here.  The abstract states:

The dramatic moment when an eyewitness takes the stand and points to the defendant in the courtroom can be pivotal in a criminal trial. That piece of theater, however compelling to jurors, is staged: it is obvious where the defendant is sitting, and, importantly, the memory of the eyewitness should have been tested before trial using photo arrays or lineups. Such courtroom displays have been accepted for so long that their role in the U.S. Supreme Court’s due process jurisprudence regulating eyewitness identifications has been neglected. The due process test that regulates tens of thousands of eyewitness identifications each year admits at-trial identifications that resulted from suggestive pretrial procedures — long known to increase the dangers that the innocent may be misidentified — if the judge decides that those identifications are otherwise “reliable.” In this Article, I uncover an approach — use of an independent source rule — that has been adopted by the vast majority of courts, but whose importance has not been appreciated. This approach short-circuits the already malleable due process inquiry. Even if a prior lineup was suggestive and illegal, judges will nonetheless allow a subsequent courtroom identification by citing to its supposed “independent source.” This approach to exclusion of eyewitness identifications has it backwards. It is the courtroom identification that should be excluded. In contrast, flaws in prior procedures used to test the eyewitness’s memory should be fully aired before the jury. As efforts to improve eyewitness identification procedures gain traction in response to DNA exonerations and social science research establishing the fragility of eyewitness memory, lawmakers and judges should revisit the entrenched problem of the courtroom identification. If courtroom identifications are not per se excluded in cases with a prior identification, judges may circumvent crucial efforts to safeguard the accuracy of eyewitnessprocedures.

 

Friday’s Quick Clicks…

  • Two of the Beatrice 6 awarded compensation in Nebraska
  • Innocence Project Northwest wins new trial in the murder case of Jeramie R. Davis; prosecutor says will retry
  • Eyewitness identification reforms kicking in in Texas
  • Group called “Innocence Matters” gets exoneration today in California based on recanting witness
  • NPR on the crime lab scandal rocking Massachusetts

Thursday’s Quick Clicks…

  • On November 9th, the Temple Law Review and the Pennsylvania Innocence Project will hold a symposium on false confessions
  • Police officers in New York City will soon videotape many more interrogations of suspects because jurors are so used to seeing taped interviews on television shows like “CSI” they’ve come to expect recordings as routine, Police Commissioner Ray Kelly said yesterday
  • Review of the 10th Anniversary run of The Exonerated in NYC
  • Exoneree Danny Colon seeks $120 million from NYPD and a prosecutor for wrongful conviction
  • Wrongful convictions still at risk in the UK
  • Book by Damien Echols of the West Memphis 3 is released

New Scholarship Spotlight: The Unexonerated: Factually Innocent Defendants Who Plead Guilty

 

Professor John Blume

John Blume of Cornell and Rebecca Helm have posted the above-titled article on SSRN.  Download article here.  The abstract states:

Several recent high profile cases, including the case of the West Memphis Three, have revealed (again), that factually innocent defendants do plead guilty. And, more disturbingly in many of the cases, the defendant’s innocence is known, or at least highly suspected at the time the plea is entered. Innocent defendants plead guilty most often, but not always, in two sets of cases: first, low level offenses where a quick guilty plea provides the key to the cellblock door; and second, cases where defendants have been wrongfully convicted, prevail on appeal, and are then offered a plea bargain which will assure their immediate or imminent release. There are three primary contributing factors leading a criminal justice system where significant numbers of innocent defendants plead guilty to crimes they did not commit. The first is the perceived need that all defendants must plead. The second is the current draconian sentencing regime for criminal offenses. And, the final contributing factor is that plea bargaining is, for the most part, an unregulated industry. This article discusses cases in which innocent defendants plead guilty to obtain their release, thus joining the “unexonerated” and then propose several options the criminal justice system should embrace to avoid, or at least ameliorate the plight of innocent defendants who plead guilty.

Difficulties of Florida Exonerees to Get Compensation Typical of Other States….

This article is focused on Florida, but I believe the experience is similar in most other states.  In Ohio, exonerees who get compensated are typically DNA exonerees in cases where the the prosecution agrees the inmate is innocent.  Outside of that limited category, like, for example, if the prosecutor continues to throws up far-fetched theories as to how the inmate might still be guilty despite the DNA exclusion, statutory compensation is unlikely given the political environment…..

From news source:

TALLAHASSEE, Fla. (AP) — Only three wrongfully convicted people have received compensation totaling $3.2 million under a Florida law passed four years ago, and an advocate said Tuesday that it’s unlikely many more will be paid.

That’s partly because of a provision excluding exonerated convicts who committed previous felonies or crimes while in prison.

“The problem is that a number of these other folks who have not been compensated yet will never get compensated under the law because they can’t get past the clean hands provision,” said Innocence Project of Florida executive director Seth Miller. “What happened to you before your wrongful conviction has no relation to whether the state owes you recompense for wrongfully incarcerating you.”

The Innocence Project has focused on DNA testing to free inmates sentenced for crimes they did not commit.

Six of 13 people the organization lists as having been proven innocent by DNA Continue reading

Wednesday’s Quick Clicks…

  • Video:  director Ken Burns talks about his new documentary on the Central Park 5
  • Sarah Palin weighs in on the Jeffrey MacDonald case, which we previously blogged about here, here, and here
  • Cardiff University’s (Wales) Innocence Project is helping an organisation to provide evidence that may assist in a campaign to reform the doctrine of Joint Enterprise (or “Common Purpose”), which critics claim has led to many wrongful convictions in the UK. Described as a “lazy law”, there has seemingly been a marked increase in recent years in joint enterprise convictions. Some say this is due to a misguided attempt to address “gang culture” crimes. Prosecutors are charging multiple individuals all with a major offence rather than charging individuals to reflect more accurately their different involvement. In some cases, it is urged, there should be no charges where someone just happened to be in the wrong place at the wrong time.
  • Recent exoneree Brian Banks signs contract to play professional football in Las Vegas

Tuesday’s Quick Clicks…

  • Montana Innocence Project files motion for new trial in murder case of Richard Raugust, based on new evidence that someone else committed the murder, and evidence that the judge improperly pressured the deadlocked jurors to reach a decision; Montana Innocence Project also files for new trial in the case of Robert J. Wilkes, who was convicted of killing his infant son, on the basis of new medical evidence showing the cause of death was a liver disorder
  • John Thompson, exonerated death-row inmate and founder and director of Resurrection After Exoneration, will visit the University of Toledo College of Law to share his story and describe his work to assist ex-offenders and individuals wrongfully convicted as they re-enter their communities.  Thompson will speak Tuesday, Sept. 18, at noon in the newly renovated Richard & Jane McQuade Law Center Auditorium.
  • Johnny Depp says of West Memphis 3:  “It could have been any of us.”
  • More on the Cardiff 3 case in Wales and the botched attempt to prosecute the police officers responsible

The Connection Between Exoneree and Law Student…

Raymond Towler as wedding officiant…

Having the opportunity to work on innocence cases in law school is often a life-changing experience for many law students.  Ohio Innocence Project student Hilly McGahan and her boyfriend Jacob Baynham got the opportunity to know exoneree Raymond Towler during Hilly’s tenure with OIP, resulting in Jacob, a writer, publishing an extensive piece about Towler’s wrongful conviction in Cincinnati Magazine and Reader’s Digest.

This month, Towler performed the wedding ceremony for Hilly and Jacob in Montana.  Here is what Jacob wrote for Cincinnati Magazine about that experience:

The day after my wife and I got engaged, we started thinking out loud about what our wedding might look like. Cheap and simple, we agreed. Low-stress. The venue would be the backyard gardens of Hilly’s childhood home in Western Montana, the home in which she was born. The guest list would be long—Hilly comes from a big family in a small town—and we thought about making it a potluck. There should be ample beer and food, we thought: 65 percent party, 35 percent wedding.

Then Hilly turned to me and said, “I know who I want to marry us. Ray.”

She had met Raymond Towler through her work with the Ohio Innocence Project and the University of Cincinnati College of Law. She joined OIP just after Towler was released from prison, having served almost 29 years for a crime he didn’t commit. Towler came down from Cleveland to speak to the students working with OIP, and Hilly came home inspired. Hearing her retell it, I was too. I pitched the story to Cincinnati Magazineand started writing a feature article. The story let me spend time with Towler. We sat and talked at Coffee Emporium. We walked around downtown. And we saw live jazz at the Blue Wisp. It struck me that despite the injustice that had digested the better part of his adult life, Towler had no bitterness inside him. After almost three decades behind bars, he walked out one of the most enlightened men I’ve ever met.

It was a beautiful idea. Towler was someone who had come into our lives while we were together. His story tied together Hilly’s legal aspirations and the reason I became a journalist. But more important, he represented to us the power of the human spirit to overcome great suffering with the words Towler now uses to close his e-mails: peace and love.

We put the question to Towler via e-mail when we returned to Cincinnati. “WOW,” he replied. “This is truly a first in my life. And such a great honor.” He didn’t say yes immediately, though. He asked for time to think. A month later he wrote again. “Yes I will do it for you,” he said. “There was not a single reason I could think of to say no. I could not use my nerves as a legit reason.”

So months later, on Sept. 1, Towler and his girlfriend, Brenda, were with us, in those backyard gardens in Western Montana, surrounded by our friends and family. Towler stood on a platform looking wise in his glasses and short, whitening beard. I walked up the aisle to join him, and several minutes later, so did Hilly. I don’t know if the ceremony was short or long—it’s a blur to me now—but by the end of it, Hilly and I realized our math had been wrong. Our wedding was 65 percent ceremony, and 35 percent party. Because it was the ceremony, with the immeasurable hope, grace, and love that Towler brought to it, that made that day the best in our lives.—Jacob Baynham  

Monday’s Quick Clicks…

The Al Cleveland Case in Ohio…

I blogged last week about the Ohio Innocence Project’s victory in the 6th Circuit court of appeals in the Al Cleveland case.  Here’s a great story about the case written by a reporter who got to know Al over the years:

CLEVELAND, Ohio — The phone on my desk rang, and a deep, gruff voice came on the line.

The private investigator with a Chicago accent so thick you could cut it with a knife wanted to talk about the murder conviction of Lorain’s Alfred Cleveland.

I knew Cleveland. I’d hired him to help illustrate a graphic novel that I wrote. Cleveland did the work quickly and expertly — from a cell in the Mansfield prison.

I told Cleveland our relationship was strictly artist and writer, that I would not report his story in the newspaper, even though he professed his innocence. I started to say that to the guy on the phone. He had other ideas.

“Shut up,” he growled.

I did.

“My name is Paul Ciolino,” he said. “Google me. I’ll wait.”

My jaw dropped. I found story after story about how this detective’s work got five men off Illinois death row who were wrongfully convicted, and how he worked with the celebrated “Innocence Project.”

This was someone to listen to. What he said in this 2006 call made me delve into Cleveland’s case and follow leads that Ciolino had uncovered, including an interview with the witness whose testimony put Cleveland behind bars. Testimony the witness said he made up.

It led to other questions about whether Cleveland was even in Lorain the night of the murder.

Last week a federal appeals court, citing the same issues I found, ordered a lower-court judge to reconsider Cleveland’s request for a new trial. The judges suggest Cleveland could be acquitted. The prison artist might soon be a free man.

My first contact with Cleveland, now 43, was in 2002. He sent me copies of his artwork after reading my weekly comic book column in The Plain Dealer. The art was impressive.

Even more impressive was that Cleveland honed his talent in his cell in the Richland Correctional Institution, where he has been serving a life sentence for the murder of a Lorain prostitute in 1991. He and three other men were convicted of the crime in 1996.

Through letters and occasional telephone conversations, I encouraged Cleveland to keep drawing and painting. Over the next few years, he sent copies of other works.

I mailed him a copy of my first comic, “Phantom Jack,” about a newspaper reporter who used invisibility powers to right wrongs. Cleveland soon responded with a cassette tape that had a Phantom Jack theme song. In the accompanying note, he said he had access to a full music studio and recorded the song by layering music and vocals.

The cassette stunned me. It was so professional that I thought perhaps he had taken an existing song and added a vocal track.

Cleveland called and asked how I liked the tape. I said it was amazing and asked if it was original or made by sampling other artist’s compositions.

He seemed insulted.

“I did that all myself,” he said.

shaw1.jpg
The first panel of Al CLeveland’s art that appeared in ‘Tales of the Starlight Drive-In.”

It was the last time I underestimated his talent.

After I got to know him, the idea that he was a convicted killer seemed less and less real.

By 2005, I was assembling artists to illustrate a graphic novel I was writing for Image Comics called “Tales of the Starlight Drive-In.”

It’s a series of connected stories set in a drive-in theater that had an original story Continue reading

Opposing Candidate Criticizes DA’s “Conviction Integrity Unit” in Chicago…

From the Chicago SunTimes:

Lori S. Yokoyama, the Republican who is challenging Democrat Anita Alvarez for Cook County state’s attorney, today criticized Alvarez’s seven-month-old Conviction Integrity Unit.

Yokoyama called on Alvarez “to explain why she continues to use office resources to fight the exonerations of several wrongfully accused men, while trumpeting the results of the Conviction Integrity Unit. The CIU, which is comprised of three Assistant States Attorney’s and woefully understaffed, has only released one wrongfully convicted person in 2012.”

Yokoyama also argued that, “For the last two years, Cook County State’s Attorney Anita Alvarez fought against the DNA evidence that later set Mr. [Alprentiss] Nash free.”

Alvarez spokeswoman Sally Daly agreed the unit is understaffed. But Daly disputed Yokoyama’s claim that Alvarez fought against DNA testing for Nash.

In a press release, Yokoyama also said, “”With the extraordinarily high numbers of wrongfully convicted people in Cook County, it is shocking that Anita Alvarez waited three years to create a conviction review process. The Conviction Integrity Unit needs to be provided with additional assistant state’s attorneys and investigators in order to right the past wrongs of Anita Alvarez’ office and ensure that justice is truly served.”

Read a Sun-Times editorial about the Conviction Integrity Unit here.

U. of Virginia Innocence Project Gets Exoneration….

From the WashingtonPost.com:

A Fairfax County judge on Thursday overturned the robbery conviction of a man who faced deportation, saying prosecutors had failed to disclose evidence that would have cast doubt on the credibility of the victim, who also was the only witness.

Circuit Court Judge Randy L. Bellows said he was confident in his verdict when he found 22-year-old Maligie Conteh guilty in 2010. But he reversed himself after learning that the victim had a conviction for possessing a fake Social Security card.

“It absolutely undermines my confidence in the outcome,” Bellows said.

Conteh, who served more than a year in prison, was facing possible deportation to his homeland of Sierra Leone because of the conviction. He has maintained all along that he was innocent and was using Facebook on a friend’s computer at the time of the crime. He had dreamed of joining the Marine Corps and was hoping to receive an acceptance letter the day he was arrested.

A group that included the staff director of the Senate Finance Committee, the Innocence Project of the University of Virginia and lawyers at the firm of McGuire Woods filed a petition asking the judge to vacate Conteh’s conviction.

They argued that the alleged victim’s crime was critical to the case because it could have undermined the truthfulness of his testimony. They also uncovered records showing that a photo and message had been posted on Conteh’s Facebook account about 10 minutes after the robbery, bolstering his alibi.

Dozens of friends and family members cheered and clapped outside the Continue reading

A Profile of the U. of Chicago Exoneration Project

Eileen Ho, JD’12, left, and Jenni James, JD’12, proved James Harden’s innocence. (Photography by Eva Nagao/Exoneration Project)

From the University of Chicago Magazine:

On the night of April 18, 1990, taxi driver Billy G. Williams, 44, was found dead in his cab, shot in the head on Chicago’s South Side. Two days later, 20-year-old Shawn Whirl was arrested and confessed to the murder. He pleaded guilty and has been in prison ever since.

Rising third-year law student Caitlin Brown wants him out. “I really believe that Shawn is innocent,” Brown says. “There were a lot of errors in [Whirl’s] confession that didn’t completely line up with what was found at the scene.”

Since September 2011, she’s been studying his case—the interrogation, the police statements, the evidence—as part of the Exoneration Project, a University of Chicago Law School clinic that seeks to free wrongfully convicted prisoners.

In Whirl’s case, that means investigating his confession, made after allegedly being tortured by a detective in the Chicago Police Department’s Area 2, a division then notorious for systemic abuse. Whirl’s claim of being coerced into a confession were found credible this summer by the Illinois Torture Inquiry and Continue reading

Friday’s Quick Clicks…

  • Hearing looms in Illinois in the shaken baby syndrome case of Pamela Jacobazzi
  • Video:  A doctor reflects on shaken baby syndrome
  • University of Virginia Innocence Clinic may have identified true perp through DNA testing in the case in which Bennett Barbour was previously convicted and then exonerated
  • Notes show that in the Wilmington 10 case, prosecutor intentionally sought “white KKK” jury

Big Victory in Scottish CCRC for Innocence Network UK…

From press release:

A pro bono legal clinic staffed by Bristol law students has secured an appeal for a man who has spent more than 30 years trying to clear his name for a conviction he was imprisoned for.

The University of Bristol Innocence Project (UoBIP), a centre which teaches law through working on real cases of alleged wrongful convictions, has this week made a breakthrough in the case of William ‘Wullie’ Beck. Wullie Beck Bristol Innocence Project

  1. From left to right: Law student Ryan Jendoubi, Louise Beck, Dr Michael Naughton, Wullie Beck, executive director of the Innocence Network UK Gabe Tan, and student Mark Allum

At the age of 20 Mr Beck was arrested for an armed robbery of a post van in Livingston, Scotland on December 16, 1981. He served six years of imprisonment for his conviction, which was based exclusively on eyewitness identification.

Although Mr Beck claims he was in Glasgow the entire day at the time of the robbery, some 40 miles away from where the crime occurred, he was convicted on the positive identification of two eyewitnesses despite other witnesses not identifying Mr Beck in an identity parade.

For more than three decades Mr Beck has protested his innocence, claiming he is a victim of eyewitness misidentification.

He has made two previous unsuccessful applications to the Scottish Criminal Continue reading

Jason Puracal Wins Appeal, To Be Released….

Previous coverage of case here, here and here….

From AP:

MANAGUA, Nicaragua – A U.S. citizen jailed for nearly two years on money-laundering and drug charges in Nicaragua will be freed after a court unanimously upheld his appeal, his lawyer said Wednesday.

Attorney Fabbrith Gomez said the appeals court vacated the charges against Jason Puracal, 35, of Tacoma,  and ordered him released immediately.

“We are happy, everyone that worked for this is happy,” he said.

Gomez said it could be a matter of hours or days before the University of Washington graduate, who worked as a real estate agent in Nicaragua, is released from the prison right outside Managua, the capital.

The court was supposed to have announced its ruling by Sept. 4, according to Nicaraguan law, but Gomez said he wasn’t until Wednesday.

Details of the decision to free Puracal were not immediately available. There was no immediate confirmation from court officials.

Gomez had argued to the appeals court that Puracal’s home sales were legitimate business deals and were not related in any way to drug traffickers.

Puracal made the Pacific coast beach town of San Juan del Sur his home after a two-year stint in Nicaragua with the Peace Corps. He married a Nicaraguan woman and they had a son.

In late 2010, masked policeman raided his real estate office and took him to Nicaragua’s maximum security prison. Prosecutors charged that Puracal was using his business as a front for money laundering in a region used to transport cocaine from Colombia to the United States.

He was convicted in August 2011 of all charges and later sentenced to 22 years in prison.

Puracal’s family and friends and human rights groups maintained the charges were false. U.S. lawmakers supported Puracal by sending letters to Secretary of State Hillary Rodham Clinton and Nicaraguan President Daniel Ortega.

 

Texas Prosecutors: Misconduct Allegations are Overblown…

From Mercurynews.com:

DALLAS—Despite the recent attention paid to wrongful convictions and the behavior of prosecutors, the state group of district attorneys says most claims of prosecutor misconduct are overblown.

The Texas District & County Attorneys Association released a report this week that acknowledges a handful of cases in which prosecutors may have mishandled their duties, but questions other allegations of misconduct. The report, issued Monday, responds in part to a study earlier this year by the Northern California Innocence Project, which reported 91 cases over four years of alleged prosecutorial error or misconduct.

The TDCAA’s report accuses the regional Innocence Project group of pointing to Continue reading

Utah AG: The Innocence Movement and 12 Angry Men…

12 Angry Men, Roberto Roman and Factual Innocence in the Debra Brown Appeal
By Utah Attorney General Mark Shurtleff

From Utahpulse.com:

In 1957, Henry Fonda starred as Juror Number 8 in the courtroom film classic 12 Angry Men. I loved the drama of the jury room and the movie became a personal favorite. Five years ago, the Chicago-Kent Law School conducted a symposium in honor of the fiftieth anniversary of the film’s release. Panels of learned judges, trial lawyers and academic scholars discussed the transformative power of jury deliberations and the relevance of the film in today’s criminal justice system. Their presentations were published here. A common criticism of the film was that it is very rare that a single “Juror Number 8” can change the minds of all others and lead them from a unified “guilty” to ”not-guilty” verdict or vice-versa. A second more profound effect on our jury system is that the popular drama enhances the myth that factual innocence of the guilty is a common result of jury trials.

In his article, “Good Film, Bad Jury” Boalt Hall Law Professor Charles Weisselberg argued that while it made for great theatre, it “should not be our ideal of an American jury” and in fact “presents a veritable buffet of juror misconduct.” UCLA Law School Professor Michael Asimow, points out that “the movie serves as an argument against the jury system because it is so unlikely to be replicated in any real jury room,” and questions whether factual innocence is preserved when holdout jurors are “convinced the defendant should be acquitted but because of the social pressure to give in to the emerging consensus.”

The power of persuasion in jury deliberations was evident last month when an eight member jury found Roberto Roman “not-guilty” in the murder of Millard County Deputy Josie Fox. As some of those jurors spoke to reporters, it became clear that 55 years after Fonda battled his fellow jurors; a similar scene had been played out in a Utah County jury room. A juror who revealed he was a law student and was for a finding of not-guilty began questioning and picking apart the evidence. He later told the Salt Lake Tribune that he and another juror who was a college theatre professor were” fairly instrumental” in the not-guilty verdict. Other jurors admitted that they may have made a mistake, including one juror who said that very possibly “a murderer walked.” After eight hours of deliberation, the single hold-out, Jury Forewoman Nicole Kay, asked the judge if they should continue or come back the next day. She later told reporters that “there was intense pressure for me to conform and I wish I would have stayed strong and said we weren’t ready.” She wasn’t alone. Juror Cooper said that in announcing the verdict “I felt sick to my stomach, “and I had far less confidence in the process than I had going in.” (All juror quotes are taken from a story by Aaron Falk in an August 25th Salt Lake Tribune article, “Román trial: Doubt takes hold.”)

The acquittal of a confessed cop-killer sent shock waves around the country. People were outraged and blamed the system. Ironically, a Utah judge was praised last year when he overturned a 1995 jury that had found Debra Brown guilty beyond a reasonable doubt of aggravated murder when he used a lesser burden to find her “factually innocent.” This time outrage was directed at me when I concluded that the judge had misapplied the required statutory test, and I appealed to the Utah Supreme Court which heard oral arguments last week. Debra Brown was the first person found “factually innocent” under a new Utah law that my office and I helped draft and pass in 2008 based on a recognition that although infrequent, mistakes can be made within our current system. Factual innocence trials are limited to cases where “newly discovered material evidence” proves the convict did not commit the crime. The Rocky Mountain Innocence Center claims the Brown case as its first victory in support of its belief that false convictions are prevalent.

In his Chicago-Kent symposium treatise, “The Myth of Factual Innocence,” Colorado District Judge Morris Hoffman stated that in his experience on the bench, “innocence projects are in some ways the modern post-conviction equivalent of 12 Angry Men. Because there are just too few [Perry Masons and] Henry Fondas in modern jury pools—or so the innocence project orthodoxy goes—vast seas of wrongfully-convicted defendants must today rely on law students and their clinical faculty advisors to do what Fonda-less juries have chronically failed, and continue to fail, to do.” Judge Hoffman uses facts and statistics to rebut the myth perpetuated by claims like that on the RMIC website that there is a “3 to 6% error rate in our criminal justice system nationwide.” He calculates an overall error rate of the system at around 0.0016%.

I share Judge Hoffman’s concern that if not challenged; myths and Hollywood depictions of factual innocence will result in a loss of confidence in our criminal justice system and the undervaluing of public defenders and jurors. I lobbied for a factual innocence law, and putting emotion aside, I took the Brown innocence finding to the Supreme Court which will determine whether that finding was correctly based on that law.

Tuesday’s Quick Clicks…

  • An interview with Oscar winner Errol Morris, author of A Wilderness of Error
  • The Innocence Project of Texas is preparing to grade about 1,200 law enforcement departments statewide on their compliance with a law that requires police agencies to adopt eyewitness identification policies.  “Unless somebody is really grading their papers, nobody knows whether the law is really being implemented,” said Scott Henson, a policy consultant for the Innocence Project. Last year, Texas legislators approved a measure that required police agencies to adopt policies meant to prevent faulty eyewitness identification in criminal cases. Under the law, departments were required to adopt a written policy by Sept. 1. Last week, the Innocence Project sent the departments letters requesting copies of their lineup policies.
  • After Innocence Project of Virginia wins new trial, Virginia says it will go forward with retrial of Justin Wolfe, formerly on death row
  • Illinois Innocence Project receives $590,000 grant from state of Illinois
  • Two of six people wrongfully convicted for the murder of Beatrice resident Helen Wilson are seeking compensation for their wrongful convictions in Gage County District Court this week.Ada JoAnn Taylor and James Dean, both convicted for  the 1985 murder of the 68-year-old Beatrice widow, will present their case to District Court Judge Daniel E. Bryan Jr. in what is expected to be a weeklong trial.  Under a 2009 law passed by the Nebraska Legislature, both Taylor and Dean are seeking full $500,000 compensation for their wrongful convictions.  Taylor served 19 years in prison. Dean served a little more than five years in prison.