Category Archives: Australia/New Zealand

Wednesday’s Quick Clicks…

  • Utah Supreme Court hears oral arguments in the Debra Brown case, as the State seeks to overturn her exoneration
  • New Zealand exoneree David Bain’s compensation case “full of complexities”
  • More on the Connecticut Supreme Court’s ruling to allow expert trial testimony on eyewitness identification
  • Pennsylvania Innocence Project encourages Philadelphia DA to create a new conviction integrity unit
  • Midwest Innocence Project says Missouri Supreme Court should grant Mark Woodworth a new trial

Tuesday’s Quick Clicks…

  • A judge overturned the conviction of Noe Moreno, a client of the Duke Law Wrongful Convictions Clinic who had been incarcerated since 2006, on Aug. 31. North Carolina Superior Court Judge Richard Boner vacated Moreno’s conviction and ordered charges against him dismissed, based on evidence of his innocence developed by students and presented by Theresa Newman ’88, co-director of the clinic, and David Pishko ’77, who worked pro bono on the case. Details here
  • Judge in Texas grants DNA testing to 4 inmates convicted of rape and murder in 1992
  • More on New Zealand exoneree David Bain’s bid for state compensation here and here
  • Utah Supreme Court to hear state’s appeal for exoneration of Debra Brown, client of Rocky Mountain Innocence Center
  • A district judge has ruled that a Dallas area man wrongfully imprisoned for more than two dozen years must pay his ex-wife a share of any compensation the state gives him. The Dallas Morning News reports that Steven Charles Phillips was cleared in 2008 of a string of sex crimes committed by another man in the 1980s. He spent more than two dozen years in prison. Phillips and his wife, Traci Tucker, divorced in 1991. She sued him after his release, arguing that she too had suffered when he was wrongfully imprisoned. Judge Lori Hockett on Friday ruled that Tucker was due $114,000 in lost wages and an additional $39,000 for attorneys’ fees and expenses.

Wednesday’s Quick Clicks…

Tuesday’s Quick Clicks…

  • In Australia, David Harold Eastman one step closer to overturning his conviction based on fresh evidence of possible innocence
  • Michigan Supreme Court limits expert testimony regarding false confessions
  • Video: Patrick Joseph Hill, one of “The Birmingham Six” in the UK, gives a visceral account of the anger and ongoing trauma faced by him and other victims of wrongful conviction.
  • Zackary Stewart, imprisoned for four years for a murder he didn’t commit, filed a civil suit against three law enforcement officers who investigated the case and the Stone County Sheriff’s Department in Missouri. In the complaint filed Friday, Stewart alleges Stone County investigators violated his constitutional rights, had inadequate training, and abuse of police and arrest power on the citizens of Missouri. The lawsuit in U.S. District Court cites seven points, including malicious prosecution, false arrest, and wrongful incarceration. Video here
  • Thomas and Raymond Highers, brothers, granted new trial in Michigan based on new evidence of innocence
  • Video of exoneree Brian Banks on the Tonight Show in the U.S.
  • An article summarizing the American press on the death of the Lockerbie Bomber, who many outside of the U.S. believe was wrongfully convicted

“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.

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.

Failing to punish or discipline those who cause wrongful convictions.

One of the many frustrations of those involved in wrongful convictions, is the fact that it is almost unheard of to get those professionals who were responsible for the injustice disciplined or punished. Most in fact continue to practice, police, prosecute, or judge. Even those paltry efforts that are made to discipline or punish these individuals are often met with obfuscation and are rarely successful (for the recent attempts to prosecute the police officers responsible for the wrongful conviction of the UK’s Cardiff Three case see earlier post here…). Now in Scotland, a former police inspector has been jailed for five years for witholding and fabricating evidence when investigating a murder in Scotland 17 years ago, the resulted in the wrongful conviction of two men. In sentencing him, the judge said: “You were in a position of trust. The criminal justice system depends upon police officers acting with honesty and integrity.” Read more here… This is welcome news, but sadly, very unusual.

Meanwhile in Australia, the prosecutor in a notorious miscarriage of justice which saw Andrew Mallard convicted of murder and spend 12 years in prison, has been fined AU$10,000 for his involvement in the wrongful conviction. Whilst one may be tempted to think that this is again some good news, along with the finding that his practice fell below the standard expected of legal practitioners, Ken Bates was allowed to step down from the prosecution service in 2009 with a payout of AU$270,000 and without facing disciplinary action. The fine makes hardly a dent in his large payout. Read more here… It is regrettable that criminal charges were not brought, and this was the maximum fine available to the Administrative Tribunal that heard the case.

I firmly believe that we should not accept that in many cases of wrongful convictions, there is not someone, or many people, who acted negligently, their work fell below acceptable standards, or they were simply corrupt and acted criminally. To be taking wrongful convictions seriously, we need to see more of these individuals disciplined and punished.

Wednesday’s Quick Clicks…

Friday’s Quick Clicks…

Wednesday’s Quick Clicks…

DNA evidence: Protecting the ‘Gold Standard’?

A couple of stories from around the world this week have highlighted again, concerns that DNA evidence may be being abused, corrupted or misinterpreted, resulting in injustices. DNA evidence is often heavily relied upon by investigators, lawyers and judges and juries alike. In many cases, this may be justified, but certainly not in ALL cases. In India, there is confusion over DNA reports concerning the case of the French Diplomat Pascal Mazurier, accused of raping his daughter. The test report from the laboratory in Bangalore is said to be‘confusing’ and‘inconclusive’. Read more here…. and here….

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Meanwhile, in Cook County, Illinois, a disturbing report of a rape case being prosecuted with DNA, reportedly taken from the victim’s lips, with a match given of ‘1 in 4 African American Males’. If this is the case, then this is truly shocking. Indeed, reports claim that the DNA analyst admitted that on one reading of the DNA profile, the defendant could be excluded. That such a weak ‘result’ could be the basis of a prosecution, or even simply adduced as evidence, is very worrying indeed. Read more here…. and here….

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Of course, DNA evidence still remains powerful, used in the right cases, with appropriate safeguards and caveats etc. It does not however, demand the slavish adherence to a belief in it’s infallibility, a faith demonstrated earlier this week by one (anonymous) Australia DNA expert (read here….with incredulity), who argues that Australia doesn’t have miscarriages of justice because of its use of DNA from highly regulated laboratories. If only that were true….

Wednesday’s Quick Clicks…

  • Australian exoneree John Button wants more compensation after his payment only covered medical bills
  • The Pennsylvania Innocence Project tries to free Tyrone Jones (more here)
  • Like many exonerees, Lamonte Armstrong’s first 3 days for freedom are not easy
  • Mississippi Innocence Project wins new trial for two women it believes were wrongfully convicted of assault

Australian Man Freed, Murder Conviction Overturned, After Faulty Science Revealed…

From news source:

THE acquittal of Jeffrey Gilham is the latest in a string of decisions that reveals the serious systemic failures in the use of scientific evidence in NSW, one of the country’s top forensic law authorities says.

As further revelations emerged about the failure of prosecutors in the Gilham case to call a key expert witness, Gary Edmond from the University of NSW said the case highlighted the need for radical changes to the way expert evidence was both formulated and presented at trial.

”[Jeffrey] Gilham, [Gordon] Wood … they all reveal serious and systemic problems in the ability of our criminal justice system to credibly engage with Continue reading

Monday’s Quick Clicks…

  • Review of book The Dreyfus Affair, about a famous wrongful conviction in France
  • Jail “damaged” wrongfully convicted mother Lindy Chamberlain, says her former husband
  • Mid-Atlantic Innocence Project’s Young Professionals group to hold a Cocktails and Conversations event on July 10th with the legal team that freed the West Memphis 3 and exonerees Marvin Anderson and Thomas Haynesworth
  • Supporters of Illinois Innocence Project client Pamela Jacobazzi gathered in front of capital building yesterday to ask Illinois governor to grant her clemency on grounds that the “shaken baby syndrome” science used to convict her has proven to be unfounded

Friday’s Quick Clicks…

Tuesday’s Quick Clicks…

  • The Innocence Network UK has long used the Simon Hall cases as an example of a wrongful conviction that the CCRC has done nothing about. Read an open letter to the CCRC from Simon’s supporters
  • Weeks before an expected shutdown for lack of funding, the Illinois Torture Inquiry and Relief Commission issued three decisions last Wednesday supporting inmates’ claims that Chicago Police detectives coerced their murder confessions
  • Lessons from the Chamberlain case in Australia: the human cost of wrongful conviction

Sunday’s Quick Clicks…

Saturday’s Quick Clicks…

  • New Zealand exoneree Lindy Chamberlain thanks her Kiwi supporters, and outlines how she wants those who wrongfully convicted her to pay their debt to society
  • Exoneree David Jonathan Quindt is still haunted by his wrongful conviction
  • Group fights for pardon for Britain’s last “witch,” Helen Duncan, convicted more than 70 years ago
  • A dog in Scotland sentenced to death for attacking a cat, sought exoneration from the CCRC but was turned down
  • Recent exoneree Brian Banks’ NFL future unclear

In Australia, Dingo Caused Death that Led to Wrongful Conviction…

From theage.com:

A dingo was responsible for the death of Azaria Chamberlain in 1980, a Northern Territory coroner has found.

Coroner Elizabeth Morris told a packed courtroom on Tuesday that a dingo was to blame for the attack at Uluru, which originally saw Azaria’s mother Lindy Chamberlain-Creighton jailed for murder and her husband Michael given a suspended sentence for being an accessory after the fact.

Both were later exonerated after a royal commission in 1987.

In the final moments of handing down her finding, an emotional Ms Morris apologised to the Chamberlain family.

Ms Morris said she was satisfied the evidence was ‘‘adequate, clear, cogent and exact and excluded all other reasons possible’’.

She told the court: ‘‘(Azaria) died at Uluru on 17th August 1980 as a result of being attacked and taken by a dingo.’’

She said an amended death certificate was available immediately to them.

Outside the court, an emotional Mrs Chamberlain-Creighton thanked lawyer Continue reading