Author Archives: Mark Godsey

“Hobbit” Director Peter Jackson and Damien Echols of the West Memphis 3…

From news source:

A CONVICTED US killer, set free through the help of filmmaker Peter Jackson, says New Zealand is now like a second home – and one where he might like to live permanently.

West of Memphis, directed by American filmmaker Amy Berg and produced by Jackson, had its international premiere in Wellington on Sunday night as part of the New Zealand Film Festival.

The film centres on Damien Echols, one of the West Memphis Three convicted of the 1993 murders of three eight-year-old boys in West Memphis, Arkansas.

His co-accused, Jason Baldwin and Jessie Misskelley, were both sentenced to life imprisonment for the crimes; Echols was sentenced to death.

But as evidence mounted to show they were wrongfully convicted, the trio were freed from prison last year under a rare plea bargain – which means they can never be exonerated, unless the real killer is brought to justice.

As the film’s closing credits rolled, the 800 audience members at the sold-out Embassy Theatre screening gave a standing ovation, ahead of a question and answer session with Jackson, Echols and his wife and number one campaigner, Lorri Davis.

While he would like to see the real killer brought to justice – with the film pointing toward a potential suspect – his concerns about the Arkansas justice system, which time and again rejected appeals and new evidence in the case, leaves him without much hope.

Without the killer being caught, the West Memphis Three cannot be exonerated.

“If they were to arrest the person who did it, it would mean they were admitting to making a mistake when they put us in prison, and if they do that, it once again opens them up to a lawsuit, and their number one priority will always be protecting themselves, protecting the state,” Echols said.

“If that means letting a murderer go free in order to keep from having to face a lawsuit, then that’s what they’ll do, so my hopes aren’t very high at all.”

Jackson, who with wife Fran Walsh has bankrolled Echols’ defence in recent years, says the film was borne out of frustration at how authorities were dealing with the case.

“We do think that Arkansas would prefer not to investigate the murder of these three little boys if they could get away with it, and so we are holding them to task and saying: ‘Here’s a possible person; you guys do your job properly and go figure it out’.”

Echols says New Zealand has been an incredibly healing place for him.

“Even when I hear the New Zealand accent now, it gives me that feeling of home, just because it took me in when I didn’t have anywhere else to go, and it gave me time just to rest.”

Echols added that he’s not adverse to the idea of living in New Zealand – and perhaps working with Jackson more – in future.

Exoneree Critiques Innocence Project’s Compensation Report…

From the VeritasInitiate.org:

Jeffrey Deskovic, who spent 16 years in prison before being exonerated in 2006, wrote an article for the Examiner.com critiquing the New York-based Innocence Project’s recent report “Making Up for Lost Time: What the Wrongfully Convicted Endure and How to Provide Fair Compensation.”

The report recommends replacing civil lawsuits with compensation statutes that give exonerees $50,000 per year of wrongful incarceration. The report reasons “The financial awards exonerees receive through lawsuits often surpass those available through state compensation statutes. However, lawsuits are also more expensive, and part of the award money will be spent on litigation fees. In addition, lawsuits are more time-consuming and take longer to finalize. After years of fighting to prove their innocence, exonerees need a safety net, not another long legal battle. Winning a lawsuit can’t help exonerees find jobs, counseling, medical care, educational aid and other essentials they need for a successful transition.” The report also recommends immediate assistance with transportation, education, job training and physical and mental health services.

While Deskovic agrees with the report’s recommendations for services, he disagrees with the Innocence Project’s compensation statute proposal. He claims that $50,000 per year is an inadequate amount to make up for lost wages, pain and suffering, and injustice. Deskovic urges state legislatures to forgo implementing the Innocence Project’s model compensation law and instead create a statute that requires the state to pay the costs of a compensation lawsuit if they are found to be liable.

He says “In terms of exonerees not ‘needing another long legal battle’, the answer is to try to quicken the time needed to litigate the compensation case, and providing immediate reintegrative services; not giving the exoneree an inadequate amount of money that does not take into account the above mentioned factors in the name of speed.”

Read his full article here.

 

 

Saturday’s Quick Clicks…

  • More on New Jersey’s new eyewitness identification instructions for jurors
  • Retired detective in New York still trying to solve murder case that sent innocent man Steven Barnes to prison
  • Ken Bates, the Australian senior prosecutor in the wrongful conviction of Andrew Mallard for murder, has conceded he failed to comply with his duty to disclose that the victim’s injuries did not match a wrench alleged to have been used in the crime.  Bates has been fined $10,000 in the State Administrative Tribunal following an allegation brought by the Legal Profession Complaints Committee that he engaged in unsatisfactory professional conduct as a prosecutor on behalf of the crown during the 1995 trial of Mr Mallard.
  • New book on the Amanda Knox case
  • In Ireland, prosecutors have lost a bid to stop Mr Justice Adrian Hardiman from being part of an appeal court that will decide whether a man’s conviction 40 years ago for the manslaughter of a young woman was a miscarriage of justice.  The three-judge Court of Criminal Appeal dismissed the “special and unusual” application by the DPP for Mr Justice Hardiman to recuse himself from further hearing the case of Martin Conmey. His conviction for the manslaughter of Una Lynskey (19) was overturned two years ago and he wants a declaration of a miscarriage of justice.
  • Vermont may be close to first DNA exoneration

Reforms Recommended in Australia…

On the 18th, July 2012 the South Australian Legislative Review Committee on the CCRC Bill reported that it would not be recommending that a CCRC-style body be established in South Australia.

It did, however, make seven reform recommendations.  Recommendation 3 was for a new statutory right for certain qualifying offences to provide that a person may be allowed at any time to appeal against a conviction for serious offences if the court is satisfied that:

· the conviction is tainted;

· where there is fresh and compelling evidence in relation to the offence which may cast reasonable doubt on the guilt of the convicted person.

Also of particular significance, Recommendation 5 was that the Attorney-General considers establishing a Forensic Science Review Panel to enable the testing or re-testing of forensic evidence which may cast reasonable doubt on the guilt of a convicted person, and for these results to be referred to the Court of Criminal Appeal.

The Full Report is here.

Cop Jailed in Scotland for Manufacturing and Withholding Evidence…

From news source:

A policeman convicted of hiding key evidence from prosecutors during a murder case has been jailed for five years.

Richard Munro, 53, withheld vital information from officials investigating the suspicious death of Andrew Forsyth 17 years ago.

Mr Forsyth’s body was discovered on November 9, 1995 and Munro decided that he had been murdered on November 3.

The bungling cop then changed statements given by witnesses who claimed to have seen Mr Forsyth alive after that date.

And he failed to inform prosecutors about the information being made available to staff and officers involved in the case.

Two men, Steven Johnston and Billy Allison, spent ten years behind bars after they were convicted of murder at their trial the following year.

They were only released when appeal court judges quashed their convictions because of the dodgy police investigation.

Munro, of Dunfermline, was found guilty of intent to defeat the ends of justice following a trial in Edinburgh in June.

He was jailed for five years at the High Court in Aberdeen on Wednesday.

Prosecutors revealed they had ordered a review of evidence gathered in connection with the murder case.

A Crown Office spokesman said: “Now that the Munro trial has concluded the Crown has instructed a review of the evidence relating to the death in the light of the appeal, the Carnegie Inquiry and the trial of Richard Munro.”

Detective inspector Munro led the investigation into the death of Mr Forsyth after his body was discovered in the living room of his home in November 1995.

The Fife Constabulary officer had just been promoted and had been put in charge of his first murder investigation.

But having made up his own mind about the case, he rejected information from witnesses that went against his own belief.

Officers were instructed not to make further enquiries of witnesses claiming to have seen the murder victim alive in the days after November 3.

The detective’s campaign of deception began to unfold when defence lawyers requested missing witness statements from the Crown Office.

Senior police questioned Munro about the missing evidence and he claimed that not all of the information from door-to-door enquiries had been retained. He also discredited information given by the witnesses in question as unreliable.

Munro was found guilty of witholding information from prosecutors that could have helped the two men’s defence case on June 22.

Miscarriages of Justice Scotland said it was the first time in history that a corrupt policeman had been convicted of wrongdoing in connection with a miscarriage of justice case.

Thursday’s Quick Clicks…

Consent Decree with New Orleans PD Includes Recorded Interrogations…

From Nola.com:

Consent decree here….

U.S. Attorney General Eric Holder and local officials will announce Tuesday in New Orleans a wide slate of reforms in the New Orleans Police Department, ending months of negotiation over the most far-reaching federal consent decree of its kind in the country, according to a source with knowledge of the negotiations. The 125-page agreement, which a federal judge must endorse, will serve as a road map for change in the city’s long-embattled police department. The federal oversight mandated by the agreement will stick for at least four years, to be overseen by a monitor and a federal court judge, the source told The Times-Picayune.

Under the terms of the deal, the NOPD will be forced to address numerous deficiencies, most of which the U.S. Department of Justice highlighted last year in a withering critique of virtually every aspect of the force.

In order to break away from federal scrutiny, the agency must be free of violations for two consecutive years, the source said. If the NOPD fails to do so, a federal judge can extend the oversight or impose other penalties.

The decree dictates changes big and small, from policy tweaks to administrative reconfigurations and more. Among the changes outlined in the decree: how cops must conduct traffic stops, searches and arrests; how they examine officer use of force; and how they interrogate citizens. Unlike now, officers will be required to audiotape and videotape every suspect interview, the source said.

In addition, the federal order mandates changes to the NOPD’s troubled system in which officers work off-duty, paid security details for private interests. The city and the department previously announced changes in the details system, creating an oversight agency within City Hall, a move that aligns with what is required under the decree, the source said.

Mitchell Rivard, spokesman for the U.S. Department of Justice, declined to comment when contacted by The Times-Picayune on Monday. U.S. Attorney Jim Letten, who oversees the eastern district of Louisiana, also declined to comment.

A spokesman for Mayor Mitch Landrieu did not return a call for comment.

NOPD spokeswoman Remi Braden declined to comment. She said police Superintendent Ronal Serpas was out of town Monday.

“We’re not confirming anything about the consent decree, and we can’t discuss the consent decree,” she said.

New mandates for NOPD

For months, City Attorney Richard Cortizas and his subordinates have negotiated aspects of the decree with the federal government, including members of the Justice Department and Letten’s staff.

Some of the more contested changes include investigations into the use of police force and implementation of a new system of police details that Landrieu outlined in late May.

Investigations into police shootings and other use of force will be taken out of the homicide division and directed to a new team, which will report to the Continue reading

Wednesday’s Quick Clicks…

Tarrant County Texas Once Again…

I blogged here yesterday about how Tarrant County in Texas claims it has fewer wrongful convictions than Dallas County because they do things better (rather than another factor, such as Dallas County saving an unusually high percentage of DNA from old cases).  Now Tarrant County is called out again:

A Fort Worth Star-Telegram editorial published this weekend concludes that Tarrant County has not exonerated nearly as many innocent prisoners as Dallas County simply because it did not wrongfully incarcerate them in the first place. This black-and-white view is too simple for what’s become a thorny issue across the state.

Tarrant County Assistant Criminal District Attorney Steven Conder handles post-conviction and DNA testing requests and was the main source in the Star-Telegram column.

He contends that Tarrant County’s long-standing open file policies are the primary reason there’s been only one exoneration. Traditionally, Tarrant County has had “a lot more disclosure” than Dallas, permitting defense attorneys to access prosecutors’ files in advance of trial, leading to fewer wrongful Continue reading

Tuesday’s Quick Clicks…

Why Do Some Counties Have More Identified Wrongful Convictions Than Others?

In the article below, a reporter has interviewed a prosecutor from Tarrant County, which has had only 1 DNA exoneration, and which borders Dallas County, which has had many, many wrongful convictions identified through DNA.  The prosecutor claims that the prosecutors in Tarrant County simply has been more careful than prosecutors in Dallas County, and cites one good fact:  Tarrant County had open-file discovery for decades, while Dallas County didn’t institute it until 2006.   But I also know that Dallas County is rare in that it has actually saved the DNA in old cases at a much higher rate than most other counties.   The question I’m left asking about Tarrant County is whether it has save all the DNA in all the old rape and murder cases like Dallas County.  If not, then that, to me, is the biggest factor.  You can’t have many DNA exonerations in your jurisdiction if you haven’t saved the DNA.

From the Star-Telegram.com:

Whenever people hear about the exoneration of another wrongly convicted person in Texas, the odds are the case is out of Dallas County.

Just three months ago, two more Dallas men were freed after serving almost 30 years of their 99-year sentences for a rape they did not commit. James Curtis Williams and Raymond Jackson became the 31st and 32nd men to be cleared by DNA testing in Dallas County since 2001.

In that same time period a total of 41 people in Texas had been exonerated as a result of post-conviction DNA testing, proving — as in the case of Williams and Jackson — that the victim or witness who identified them as the perpetrator was wrong.

The sickening statistics in Dallas County got me wondering why things were so different in the adjoining county of Tarrant, where there has been only one exoneration since 2001, the year Mark Amos Webb was freed after serving 13 years of a 30-year sentence for a sexual assault he did not commit.

My first suspicion was that Tarrant County was routinely and arbitrarily denying inmates’ requests for DNA testing. What else could explain the difference?

While it is true that Tarrant County has denied the vast majority of requests for post-DNA testing, there is nothing arbitrary about it, Assistant Criminal District Attorney Steven Conder explained to me.

In the last 11 years, Conder said, 170 convicted inmates have asked for DNA testing in their cases. Of those, 141 were denied and 25 have been granted so far. Five of those granted are still in the testing or further analysis process, but results from the other 20 tests show 12 were determined “inclusion” (confirmed defendant’s guilt), one was “exclusion” (not guilty), and seven were inconclusive.

Among those still being tested are two cases brought by the Innocence Project of Texas, which has been a driving force in fighting wrongful convictions in the state.

Under Texas law “the trial judge makes the decision whether to grant a defendant’s request for post-conviction forensic DNA testing,” Conder said. “The statute sets out five requirements for testing, but most litigation involves only Continue reading

New Jersey Supreme Court Issues New Jury Instructions for Eyewitness Identifications…

From the NYTimes.com:

<nyt_text>Almost a year after the New Jersey Supreme Court made a sweeping ruling aimed at resolving the “troubling lack of reliability in eyewitness identifications,” it issued instructions on Thursday for judges to give jurors to help them better evaluate such evidence in criminal trials.

A judge now must tell jurors before deliberations begin that, for example, stress levels, distance or poor lighting can undercut an eyewitness’s ability to make an accurate identification.

Factors like the time that has elapsed between the commission of a crime and a witness’s identification of a suspect or the behavior of a police officer during a lineup can also influence a witness, the new instructions warn.

And in cases involving cross-racial identifications, judges were directed to tell jurors that “research has shown that people may have greater difficulty in accurately identifying members of a different race.”

“You should consider whether the fact that the witness and the defendant are not Continue reading

Friday’s Quick Clicks…

DNA Exoneration in Oklahoma Yesterday…

From TulsaWorld.com (more here):

“I can go where I want to now,” said Courtney, 40, before he left the Tulsa County Courthouse.

District Attorney Tim Harris announced in a hearing Thursday morning that based on new DNA evidence, Courtney’s 1996 convictions for armed robbery and first-degree burglary should be vacated.

The decision came a day after a congressional hearing on reforming forensic science and more than three years after the National Academy of Sciences found “serious deficiencies” in the country’s forensic science system and named nuclear DNA analysis the only consistently reliable way to link an individual to pieces of evidence.

On Sept. 27, District Judge William Kellough will decide the terms of the dismissal.

Courtney was convicted of allegedly attacking and robbing Shemita Greer at gunpoint in her east Tulsa apartment on April 6, 1995. Two intruders wore ski masks and took tires, rims and about $400. Greer, who sustained a traumatic brain injury, said Courtney was one of the intruders.

Results from DNA testing available at the time were inconclusive, but microscopic hair analysis allegedly revealed that one red hair from a mask was consistent with a similar hair of Courtney’s.

Courtney maintained his innocence and had three alibi witnesses, but he was convicted in February 1996. He was released on parole in June 2011 after serving 16 years of his 30-year sentence. The Innocence Project, an organization that uses DNA evidence to get wrongful convictions reversed, took on his case in 2007.

After Thursday’s hearing, Innocence Project Co-Director Barry Scheck corrected Continue reading

New Scholarship Spotlight: Commissioning Innocence and Restoring Confidence: The North Carolina Innocence Inquiry Commission and the Missing Deliberative Citizen

Mary Kelly Tate, Director, Institute for Actual Innocence, University of Richmond School of Law, has posted the above-titled article on SSRN.  Downloand here.  The abstract states:

Since 1989, the United States has witnessed 289 DNA exonerations, with exonerees serving an average of thirteen years in prison.  Although DNA and its unmatched power for conclusive results is what brought popular attention to wrongful convictions, the scope of the problem is vastly larger than the number of known DNA exonerations.  The actual number of convicted individuals who are factually innocent is unknown. The state of North Carolina has recently responded to this national crisis via a newly created state agency. This essay applauds North Carolina’s response, but urges that ordinary citizens, qua jurors, be active participants in its important work.

Thursday’s Quick Clicks…

  • New Orleans District Attorney Harry Connick sued again for allegedly causing wrongful conviction by withholding evidence
  • DNA tests confirm guilt of inmate in Michigan who claimed innocence for more than 25 years
  • UK exoneree Sion Jenkins finishes college degree with a thesis on wrongful convictions
  • Video of Florida exoneree William Dillon singing national anthem at last night’s Tampa Bay Rays game

New Scholarship Spotlight: After Exoneration: An Investigation Of Stigma and Wrongfully Convicted Persons

Several co-authors have published the above-titled piece available here.  The abstract states:

Research has demonstrated that stigma may affect the re-entry experiences of individuals who are exonerated of crimes they did not commit. In this study, we examined exoneree stigmatization by examining participants’ perceptions of exonerated individuals compared to parolees and average individuals. In addition, we varied the target’s race to examine if race played a role in stigma levied upon exonerated individuals. Results indicated that people who are exonerated and people who are actually guilty are stigmatized more than those with no criminal history. Race did not affect the level of stigma encountered, but further research is needed prior to concluding that race does not affect stigma for exonerated individuals.

The Dark Side of Forensic Science…

From the WashingtonPost.com:

KIRK L. ODOM is innocent.

Federal prosecutors finally have confirmed that Mr. Odom was wrongfully convicted of a 1981 D.C. rape, for which he served 20 years in prison. Mr. Odom was sentenced at age 18; this nightmare has consumed more than half his life, and all because of errors in forensic techniques.

Worse still is that he isn’t alone. As The Post’s Spencer Hsu and others reported in a series of investigative articles this spring, similar errors have led to the convictions of two other men in the District: Santae A. Tribble, who served 28 years in prison, before a judge overturned his conviction in May, and Donald E. Gates, who served the same number of years for a 1981 Rock Creek rape and murder he didn’t commit.

These three cases should serve as a call to explore forensic errors that could have put more innocent men behind bars — or could do so in the future. In the wake of The Post’s reports, the Justice Department and the FBI announced last Tuesday the largest-ever post-conviction review, which will examine all cases after 1985 that relied on hair and fiber examinations. This is necessary and long overdue.

However, while the review’s results almost surely will uncover deficiencies in previous uses of forensic evidence, many flawed practices — including hair-sample analysis — are no longer in standard usage. Beyond finding and acknowledging errors of the past, a focus should be on taking every conceivable step to eliminate future wrongful convictions.

In terms of forensics, there’s still considerable work to do. As the National Academy of Sciences recommended in a 2009 report to Congress: “Research is needed to address issues of accuracy, reliability, and validity in the forensic science disciplines.” Although hair-sample analysis may be obsolete, uncertainty attaches to other techniques still in common use, such as firearm examination and fingerprint analysis. To that end, Sens. Patrick J. Leahy (D-Vt.) and John D. Rockefeller IV (D-W.Va.) each have proposed bills that would, among other things, promote more scientific research and develop uniform forensic standards. These reforms are critical steps that should have been enacted long ago, and they should be enacted without further delay.

U.S. Attorney Ronald C. Machen Jr. expressed his office’s sympathy with Mr. Odom: “Though we can never give him back the years that he lost,” he wrote, “we can give Mr. Odom back his unfairly tarnished reputation.” He’s right: No amount of recompense — financial or otherwise — could right the wrongs done to Mr. Odom, Mr. Tribble, Mr. Gates and however many others have been wrongfully convicted.

All the more reason to take every possible step to avoid similar mistakes in the future.

Monday’s Quick Clicks…

  • Florida exoneree Bill Dillon to sing national anthem at Tampa Bay Rays baseball game this Wednesday
  • First report on wrongful convictions in Poland
  • Man on trial for rapes in St. Louis for which Lonnie Erby was wrongfully convicted
  • Training starts in Virginia to get police officers to comply with best practices in eyewitness identification

Historic Forensic Sciences and Standards Act Introduced in Congress…

Bill here.  From TheHill.com:

House and Senate Democrats proposed legislation on Thursday that would establish federal grants to help create forensic-science standards, in an effort to help reduce wrongful convictions based on flawed forensic results.

The Forensic Science and Standards Act, from Sen. Jay Rockefeller (D-W.Va.) and Rep. Eddie Bernice Johnson (D-Texas), would provide $200 million over the next five years in grants that boost forensic science research, and nearly $100 million in that same period that the National Institute of Standards and Technology (NIST) would use to develop standards in the field.

Rockefeller said on Thursday that the bill is partly a reaction to a 2009 report that said many forensic science disciplines have not established “either the validity of their approach or the accuracy of their conclusions.” He also cited a series of articles in The Washington Post about this issue, as well as an April editorial calling for a Justice Department review of convictions based on forensic evidence.
 

“[A] July 11 story reports that the Justice Department and the FBI have now launched such a review,” Rockefeller said. “The National Academy of Sciences, The Washington Post, the Innocence Project and the National Association of Criminal Defense Lawyers, among others, have all called for strengthened forensic science and standards.”

The bill, S. 3378 in the Senate and H.R. 6106 in the House, would set up the grant program, and would require the National Science Foundation to direct these grants to two forensic science research centers. It would also create a system of challenges and allow the awarding of prizes “to stimulate innovative and creative solutions to satisfy the research needs and priorities” identified in the bill.

It would also task NIST with developing forensic science standards, in coordination with the two research centers.

Rockefeller’s bill has no co-sponsors, but Johnson’s bill in the House is sponsored by Reps. Donna Edwards (D-Md.) and Daniel Lipinski (D-Ill.). The Senate Judiciary Committee will hold a hearing on July 18 on the bill.