Author Archives: Mark Godsey

OIP-u to Host Screenings of “The Syndrome” Across Ohio

 

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Next week, OIP-u–The Ohio Innocence Project’s undergraduate advocate network–will be hosting screenings of the award winning documentary The Syndrome at separate events across the state of Ohio. After each screening there will be a Q&A session with investigative journalist Susan Goldsmith who produced the film and Kathy Hyatt whose story is featured in the film. Admission is free, no registration required, 1 Credit CLE for Ohio and 2 CLE credits for Kentucky. See below for screening times and locations.

About The Syndrome

Director Meryl Goldsmith teams with Award-winning investigative reporter Susan Goldsmith to uncover the origins of the myth of SBS and t
he unimaginable nightmare for those accused. This provocative film strives to shine a light on the men and women dedicating their lives to defending the prosecuted and freeing the convicted. Taking a look at what is truly happening behind the curtain, The Syndrome has been called “an eye-opening hybrid of medical drama & courtroom thriller” and prompts one to wonder – what would happen if I faced the same fate?

The Syndrome is an explosive documentary following the crusade of a group of doctors, scientists, and legal scholars who have uncovered that “shaken baby syndrome,” a child abuse theory used in hundreds of US prosecutions each year, doesn’t exist.

To view the trailer for the film click here
Event dates, times and locations:

March 28, 2016 – Cincinnati, OH University of Cincinnati College of Law College of Law, Room 114 • 5:30-8 p.m. Hosted by OIP-u University of Cincinnati Chapter

March 29, 2016 – Cincinnati, OH Xavier University Cintas Center, Conference Room 4/5 • Noon-2:30 p.m. Hosted by OIP-u Xavier University Chapter

March 29, 2016 – Dayton, OH University of Dayton Miriam Hall, Room 119 • 5:30-8 p.m. Hosted by OIP-u University of Dayton Chapter

March 30, 2016 – Columbus, OH Ohio State University Saxbe Auditorium • 6-8:30 p.m. Hosted by OIP-u Ohio State University Chapter

March 31, 2016 – Cleveland, OH John Carroll University Dolan Center, Room 202/203 • 6-8:30 p.m. Hosted by OIP-u John Carroll University Chapter

April 1, 2016 – Athens, OH Ohio University Schoonover Hall, Room 145 • 5-7:30 p.m. Hosted by OIP-u Ohio University Chapter

 

 

 

Monday’s Quick Clicks…

Exonerated death row inmate: Clinton wrong on death penalty

Sunday night at the Democratic Town Hall meeting televised on CNN, OIP exoneree and death row survivor Ricky Jackson asked Hillary Clinton to justify her position in favor of the death penalty.My wife and I were in the audience, and like everyone else in the room, we were enthused to be there and joined in all night with the excited, boisterous crowd. But when Ricky Jackson spoke and said, “I served 39 years in prison for a murder I didn’t commit,” and then added, “And several years on death row,” the entire room got quiet. As Ricky asked his question while choking up emotionally, the room choked up as well. You could hear it. You could see it. You could feel it. Ricky’s sincerity and presence, and the grace with which he asked his question despite the unbelievable hardships he has faced, grabbed the audience’s attention. Ricky apparently made an impression on Hillary Clinton as well. When she finished her talk and the cameras were turned off, she reached out from the stage and shook Ricky’s hand for a long time while slowly nodding her head and staring into his eyes. Finally, she said softly, “I wish you the best.”

In this CNN op-ed, Ricky shares his thoughts about Hillary’s answer to his question.

From: Exonerated death row inmate: Clinton wrong on death penalty

Ricky Jackson was a Cleveland teenager in 1975 when he was sent to death row for a murder he didn’t commit. He came within two months of his execution date when his sentence was reduced to life in prison because of a paperwork error. He was exonerated and walked free in 2014 after serving 39 years in prison — the longest sentence by an exoneree in U.S. history.

He is a sought-after speaker and recently gave a TED Talk at the Metropolitan Museum of Art in NYC.

(CNN) At the CNN Town Hall meeting between Hillary Clinton and Bernie Sanders last night, I had the privilege of asking Clinton how she could still support the death penalty in light of all the innocent people in this county in recent years who have been wrongfully convicted and sent to death row.

I said last night that I was “satisfied” with Clinton’s answer, but that does not mean I agree with her. While I respect her opinion and her honesty, I completely disagree with her position on the death penalty.

The fact that we too often send innocent people to death row in this country can no longer be debated.

I ought to know. I was one of them.

In 1975, I — along with my two childhood friends and co-defendants Wiley Bridgeman and Kwame Ajamu — was wrongfully convicted and sent to death row for the murder of a white businessman that occurred in our predominantly poor and black neighborhood in Cleveland. We spent more than two years on death row before having our sentences reduced to life in prison.

I came within two months of my execution date but was saved by a lucky technicality — the court made a mistake filling out the death penalty sentencing paperwork. Bridgeman and Ajamu later escaped death only because the U.S. Supreme Court struck down Ohio’s death penalty statute as unconstitutional.

They both came even closer to death — one of them came within a week of his execution date. If not for pure luck and chance, none of us would have been alive to see our exoneration nearly 40 years later.

Because of an investigation by the Cleveland Scene newspaper and the Ohio Innocence Project at the University of Cincinnati College of Law, we were vindicated and gained our freedom in November 2014. By that time, I had served 39 years in prison for a murder I didn’t commit — the longest sentence by an innocent person in U.S. history.

I know that the death penalty does not deter. That can no longer be seriously debated.

I also know that it is very expensive at a time when states are struggling financially and many are on the brink of bankruptcy. As an expensive government program with no proven track record of effectiveness, it is, indeed, the proverbial “bridge to nowhere.” But I also know that it sends innocent people to death row, and sometimes kills them.

Some of those likely innocents, such as Cameron Todd Willingham and Carlos DeLuna, have been executed at the hands of the government.

Other innocent inmates — in fact more than 150 of them — have been lucky enough to have been exonerated and freed before their execution. Furthermore, I learned from my time on death row that even the guilty are worthy of salvation.

As an innocent and scared 18-year-old boy sent to death row, it was only the kindness and humanity of death row’s guilty, who took me under their collective wing, that kept my sanity and maintained my faith in humanity. These inmates made horrible mistakes, and deserved to be punished, but they are not the animals our criminal justice makes them out to be.

A society should not be judged on how it treats its best, but rather on how it treats is lowest. And even the lowest are capable of incredible acts of humanity and are worthy of decency. They are worthy of God’s grace, just as they bestowed grace upon me.

When I asked Clinton why she still supports the death penalty, she said she supported it only for the worst of the worst: those who committed acts of mass killing or terrorism. I cannot accept that.

In cases such as those, the societal pressure to convict is at its highest. And when an intense pressure to convict is present, that is when the risk of convicting an innocent is greatest.

The death penalty is also not a deterrent in terrorism cases. In fact, death can serve the purpose of many terrorists who wish to become “martyrs” for their cause.

During all the decades I sat in prison as an innocent man, I saw societal views gradually change. Not too many years ago, a Democratic candidate could not publicly support same-sex marriage and stand a chance of getting elected in a general election.

Now, a Democratic candidate could not be taken seriously if he or she didn’t support same-sex marriage.

Likewise, no serious Democratic candidate should be able to support the death penalty. We have evolved. We have seen the evidence that the death penalty doesn’t work and that it kills the innocent.

Given this evidence, it is time that no candidate — Democrat or Republican — should be taken seriously if he or she supports capital punishment.

The fact that Clinton continues to hang on to this antiquated relic confuses me. She touts “criminal justice reform” — and much reform is needed — but she misses one of the lowest hanging pieces of fruit.

I said last night that I am an “undecided” voter. I hope that Clinton reconsiders her position on capital punishment before I do what I have been waiting my entire life to do: cast my first presidential vote as a free and vindicated man.

Exoneree Darryl Hunt Passes Away

Our condolences to Mr. Hunt’s family and friends.

From: Darryl Hunt found dead in Winston-Salem

By Richard Craver Winston-Salem Journal

Darryl Hunt, a man wrongfully convicted of murder in a highly publicized case in Winston-Salem and who became a symbol of forgiveness after being exonerated, was found dead Sunday morning by Winston-Salem police.

Officers received a report at 12:19 a.m. of a possibly deceased individual in the 2800 block of University Parkway in the College Plaza shopping center, police said in a news release. They found an unresponsive male inside of a vehicle. He was determined to be dead and identified as Hunt.

Police said in their only statement Sunday that the Criminal Investigations Division is investigating Hunt’s death. Hunt’s relatives have been notified.
Police had issued a missing-person notice Saturday after Hunt was reported missing by a friend. Hunt had last been seen in the area of 800 Garfield Court.
Hunt suffered from a medical condition that requires treatment, police said. A Silver Alert had been issued.

The Rev. John Mendez of Emmanuel Baptist Church, a close friend, said Sunday that Hunt had a diagnosis of cancer, but did not know which kind or if it was considered as terminal.
“He had been struggling with a lot of challenges,” Mendez said.

Jet Hollander, who served on a citizens committee in 2005-06 that addressed the Deborah Sykes case, said Hunt was diagnosed with prostate cancer about 18 months ago and had reached the stage 4 level. “He had been getting treatment in Atlanta, which was the reason he was periodically visiting there,” Hollander said.

“The burdens he had had become more intensified recently; they were constantly with him. He had been through so much.” When Mendez was asked if he thought Hunt harmed himself, he answered “we won’t know how he died until we get the medical examiner’s report.”

“He was depressed, that much we do know.” Mendez said Hunt was hurt by the separation from him wife, April. The couple had been married since 2000 but separated in May 2014. Mark Rabil, his defense attorney, said the Hunts were divorced in January.

“He was definitely wounded by that situation,” Mendez said. “He loved April.”
Mendez and attorney Larry Little, another close friend, went to the scene after being informed of the discovery of Hunt’s body. Mendez said he had been up all night when he spoke with the Journal.

“Darryl had a lot of pride, dignity and didn’t put himself out there for his own care,” Mendez said. “He was trying to make some sense out of his life.”

Forsyth County Coroner’s Office said an autopsy on Hunt was expected to be performed this morning. Police said Saturday that Hunt had been seen driving a 1999 white Ford truck with the license plate BDJ-9685. The vehicle is owned by Little. Police dispatchers did not comment when asked if the vehicle that Hunt was found in was Little’s truck, but Mendez said it was.

The Rev. Carlton Eversley of Dellabrook Presbyterian Church said Sunday that Hunt was known to stay out of touch for a day or two, “but nothing like this.”
Eversley said that he, Mendez and Little took time from attending a political rally Saturday morning to pray for Hunt’s well being.

Eversley said he did not believe foul play was involved. He also believed Hunt was dealing with depression. “I don’t think anyone did anything to Darryl,” Eversley said. “His death is a great loss for me, personally, and for our community.”

Hunt was wrongfully convicted in 1985 of the murder of Deborah Sykes, a copy editor at the Sentinel, Winston-Salem’s former afternoon newspaper. Sykes’ body was found on a grassy slope off West End Boulevard, 1½ blocks from the newspaper. She had been stabbed 16 times and raped.

At his original trial, Hunt was convicted of first-degree murder and barely escaped getting the death penalty. The conviction was overturned, and he was tried again in Catawba County in 1990, and again he was convicted.

After 19 years in prison, Hunt was exonerated in February 2004 after DNA evidence led police to Williard Brown, who confessed to the killing. After he was exonerated, Hunt was pardoned by then-Gov. Mike Easley. The city of Winston-Salem awarded him more than $1.6 million and released a report from a citizens review committee that uncovered a myriad of mistakes in the police investigation. The state awarded him more than $300,000.

In 2005, Hunt founded The Darryl Hunt Project for Freedom and Justice Inc., a nonprofit organization dedicated to educating the public about criminal justice reform opportunities, advocating for the wrongfully convicted, and providing resources to support individuals recently released from prison.

Hunt was the subject of the 2006 documentary, “The Trials of Darryl Hunt.’’

Hunt worked on the case of Kalvin Michael Smith, who was convicted on armed robbery and assault charges in 1997 in the beating of Jill Marker at the Silk Plant Forest store in Silas Creek Crossing shopping center. Smith has waged a long fight to win a new trial.
In September 2014, April Hunt filed a request for a 50-B domestic-restraining order against Hunt that was never granted. She accused Hunt of forcing his way into their house, scuffling with her and pushing her twice before leaving.

Darryl Hunt, in a response, denied the allegations and said April Hunt attacked him from behind after he had come to the house looking for his lawn mower. He was staying at a friend’s house and his friend’s lawn mower had broken down, Hunt said in court papers.
The Hunts filed a joint notice of voluntary dismissal with prejudice in October 2014, which meant she cannot re-file the restraining order. Under a different consent order, they agreed to not have contact with each other.

Jim O’Neill, Forsyth’s district attorney and a Republican candidate for attorney general, said in a statement Sunday that he hopes Hunt “finds the peace in eternity that escaped him in life. I extend my heartfelt condolences to his wife, family, friends, and the community he meant so much to.”

Eversley said Hunt “was snatched up at a young age by the injustice of the legal system.”
“He emerged from prison a man of grace and forgiveness with a remarkable lack of anger and bitterness.”

“As a practicing Christian, I don’t know if I could have done what Darryl did.”

“He was very determined to do his best to right wrongs and to help those leaving prisons have a better life with his project,” Eversley said.

Monday’s Quick Clicks…

Faulty Convictions in California Lead to 2,346 Years of Wrongful Imprisonment and $282M+ in Costs Over 23 Years, New Study Finds

Below you will find a joint press release issued today by the three California-based Network organizations in support of the important report released by Rebecca Silbert, John Hollway and Darya Larizadeh, Criminal (In)justice: A Cost Analysis of Wrongful Convictions, Errors and Failed Prosecutions in California’s Criminal Justice System. The report examines 692 faulty convictions in California over the span of 23 years and seeks to quantify the costs and outline the causes.
Faulty Convictions in California Lead to 2,346 Years of Wrongful Imprisonment and $282M+ in Costs Over 23 Years, New Study Finds
The Northern California Innocence Project (NCIP), the California Innocence Project (CIP) and Loyola’s Project for the Innocent (LPI) welcome today’s release of Criminal (In)justice: A Cost Analysis of Wrongful Convictions, Errors and Failed Prosecutions in California’s Criminal Justice System by Rebecca Silbert, John Hollway, and Darya Larizadeh. This groundbreaking study found 692 faulty convictions in California between 1989 and 2012, resulting in 2,346 total years of wrongful imprisonment and more than $282 million in wasted costs. While attempting to quantify the impact of faulty conviction, the report notes that the human costs of faulty conviction are immeasurable.Eight categories of error—including eyewitness misidentification, official misconduct and ineffective assistance of counsel—are highlighted in the study, which also emphasizes the need for statewide policies to address the causes of error. The study recommends, among other solutions, evidence-based eyewitness identification practices, noting the solid research in support of such practices. The study also notes the opportunity California has to implement policy reforms that build on the consensus represented by the 2008 California Commission on the Fair Administration of Justice (Commission) recommendations.

NCIP agrees. “For close to a decade, we have had a detailed road map available for effective criminal justice reforms in the form of the 2008 recommendations from the Commission. But as those reforms have not been adopted or implemented, faulty convictions continue to take place and errors continue to be made,” says NCIP Executive Director Hadar Harris. “This important new study shows that, as a result, the State of California has wasted millions of dollars in taxpayer funds and destroyed decades of innocent peoples’ lives.”

The study was not limited to cases in which a claim of innocence was made; the authors noted that California’s uniquely difficult standard for proving actual innocence would restrict the evaluation’s parameters too much. Instead, the evaluation included all felony convictions that were reversed in the time period and in which charges were subsequently dismissed or the defendant acquitted.

“This study shows how pervasive the causes of wrongful convictions can be, and how some simple, commonsense reforms would both save taxpayers money and strengthen our system to make sure innocent people do not go to prison,” said Justin Brooks, Executive Director of the California Innocence Project.  “The conclusions and recommendations found here should not be read as a criticism of current practices, but rather a way to open an earnest dialogue concerning the long-term effects of wrongful convictions and how to change things for the better.”

NCIP, CIP and LPI actively support criminal justice system reforms that rectify and prevent wrongful convictions.  Reform efforts include statewide implementation of evidence-based eyewitness identification practices and mandatory videotaping of custodial interrogations.

“There are some very real costs to wrongful convictions.  Of course, the most significant costs are to the individuals whose cases are not handled fairly by the judicial system.  But there are also costs to the public and criminal justice system itself,” said Laurie Levenson, who holds the David W. Burcham Chair in Ethical Advocacy at Loyola Law School. “Everyone profits when the police, prosecutors and defense lawyers act zealously and honestly to ensure that a defendant’s rights are protected.  Loyola’s Project for the Innocent is dedicated to rectifying wrongful convictions and preventing future injustices.”

For more information about NCIP’s, CIP’s and LPI’s exoneration efforts and policy initiatives, please contact:

NCIP Policy Director Lucy Salcido Carter at lcarter@scu.edu or 650-400-4364 (Cell).
CIP Associate Director Alex Simpson at ajs@cwsl.edu or (619) 515-1525.
LPI’s Legal Director Paula Mitchell at Paula.Mitchell@lls.edu or (213) 736-8143.

About the Northern California Innocence Project

The Northern California Innocence Project’s (NCIP) mission is to create a fair, effective, and compassionate criminal justice system and to protect the rights of the innocent. NCIP is a project of Santa Clara University School of Law.  NCIP is a member of the Innocence Network, an affiliation of independent organizations (including the Innocence Project, located in New York) dedicated to providing pro bono legal and investigative services to individuals seeking to prove innocence of crimes for which they have been convicted, and working to redress the causes of wrongful convictions. Since its founding in 2001, NCIP has attained justice for 18 innocent people who had collectively spent more than 230 years in prison. For more information, please visit www.ncip.scu.edu.

About the California Innocence Project

The California Innocence Project (CIP) is a law school clinical program at California Western School of Law dedicated to releasing wrongfully convicted inmates and providing an outstanding educational experience to the students enrolled in the clinic.  Its three missions are: to free innocent people from prison; to provide outstanding training to our law students so they will become great lawyers; and to change laws and procedures to decrease the number of wrongful convictions and improve the justice system.

Founded in 1999, CIP reviews more than 2,000 claims of innocence from California inmates each year. Students who participate in the year-long clinic work alongside CIP staff attorneys on cases where there is strong evidence of factual innocence. Together, they have secured the release of many innocent people who otherwise may have spent the rest of their lives in prison.  For more information, please visitCaliforniaInnocenceProject.org.

About Loyola’s Project for the Innocent

The Loyola Law School Project for the Innocent (LPI) investigates and litigates cases of wrongful conviction.  LPI’s clients are men and women who are serving decades-long or life sentences in California prisons for crimes they did not commit.  LPI is a proud member of  the Innocence Network and is dedicated to providing pro bono legal and investigative services to indigent individuals seeking to prove their innocence.  LPI’s social justice mission is also dedicated to reforming our criminal justice system to eradicate the primary causes of wrongful convictions.  For more information, please visit www.lls.edu.

Contact
Lucy Salcido Carter, Northern California Innocence Project (NCIP) Policy Director, lcarter@scu.edu, 650-400-4364 (Cell) orAudrey Redmond, NCIP Communications Director, alredmond@scu.edu, 408-396-1360 (Cell)

Monday’s Quick Clicks…

Wrongfully accused? Jerome Morgan is still fighting for his freedom

Mike Perlstein, Eyewitness Investigates

NEW ORLEANS — Jerome Morgan is a busy man. On most days, he can be found going from posting signs at his advertising job, to cutting hair at a barbershop, to tutoring students at McDonogh 35.

But on some days, Morgan is pulled away from his jam-packed work schedule and dragged into court, where District Attorney Leon Cannizzaro maintains he is a killer.

The DA’s office has charged Morgan with second-degree murder in a fatal shooting of a 16-year-old boy at a birthday party in 1993.

For Morgan, 37, the case is like a recurring nightmare.

Recurring nightmare

AFTER 20 YEARS IN JAIL, FINALLY FREED
Cannizzaro is prosecuting Morgan even though his previous conviction in the case disintegrated in 2014 after the two key witnesses in the case recanted, saying they were coerced by police into falsely fingering Morgan.

Jailed at age 17, Morgan spent more than 20 years behind bars before he was freed.

From the beginning, he maintained his innocence. Along with the witness recantations, Morgan’s defense team discovered a critical piece of evidence that had been withheld by prosecutors, leading District Court Judge Darryl Derbigny to throw out the conviction.

The fatal shooting of 16-year-old Clarence Landry took place inside a ballroom at a Howard Johnson’s hotel on Old Gentilly Road on May 22, 1993. According to police and court records, the killer fled, chased by another party-goer, Kevin Johnson.

“The jury did not hear the evidence that makes it almost impossible for Mr. Morgan to have been the gunman who fled the scene.” MORGAN’S ATTORNEYS WROTE
Johnson returned after the gunman escaped by jumping over a wall, and he quickly found himself in the ballroom with other teenaged guests, locked inside by a security guard. Also confined to the room was Morgan, who was helping another teenager who was wounded.

Police responded within six minutes and took the names of everyone locked down.

But documents that reveal the timeline showing the arrival of police was not turned over to Morgan’s defense attorney at the time of his trial.

“The jury did not hear the evidence that makes it almost impossible for Mr. Morgan to have been the gunman who fled the scene,” Morgan’s attorneys wrote in his successful appeal.

At trial, prosecutors argued that enough time had passed for the killer to flee the scene, then somehow return to the locked ballroom.

But bolstered by evidence that room was locked down immediately, Morgan’s attorneys summarized the implausibility.

In their brief, the attorneys at the Innocence Project New Orleans wrote, “The jury heard that 30 to 45 minutes passed between the shooting and arrival of police…The evidence shows police arrived six minutes after the shooting.”

Continue Reading the full story here.

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Former Prosecutor Apologizes for Sending an Innocent Man to Death Row

Former Louisiana Prosecutor Marty Stroud recently made a heartfelt video apologizing to the innocent man he helped send to Death Row, Glenn Ford. Ford was exonerated last year after spending nearly 30 years in prison. Just months after being freed, Ford died of lung cancer.

To watch the video, follow this link: https://youtu.be/rmxASoca1P8

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