Category Archives: Conviction Integrity Units

The National Registry of Exonerations Releases 2019 Annual Report with Implications Heightened by COVID-19 Concerns

The National Registry of Exonerations 2019 Annual Report, a must-read for advocates of criminal justice reform, offers important insights on wrongful conviction at a particularly distressful time for our nation and the incarcerated.

“Right now, there are likely thousands of innocent people in U.S. jails and prisons as a result of wrongful convictions. It is hard to imagine the horror of being incarcerated today – innocent or guilty – as the COVID-19 virus is spreading through these closed spaces and threatening lives,” said Barbara O’Brien, the report’s author, who is law professor at Michigan State University and editor of the National Registry.

Read the report here.

Key takeaways:

How many? The Registry recorded 143 exonerations achieved in 2019. The total of known exonerations from 1989 until year-end 2019 was 2,556.

How many years stolen? Last year set a sobering new record in the number of years wrongfully convicted persons served for crimes they did not commit before they were exonerated and released: on average 13.3 years. In total, 1,908 years were stolen from the year’s exonerees, which brought the total years lost since 1989 to more than 22,000 years. The year recorded an unusual number of cases in which innocent people served sentences of more than 30 years. Ten of the Registry’s 52 cases involving serving more than 30 years in prison were added in 2019.

What crimes were involved? Of the 143 exonerations, 117 were of violent crimes, including homicide (76 cases), child sex abuse (10), and sexual assault on adults (11). Three of those wrongfully convicted of homicide had been sentenced to death.

In 50 exonerations, no crime was actually committed.

Why were innocent people convicted of crimes they didn’t commit? The top three contributors to wrongful conviction in the 2019 exonerations were perjury or false accusation (contributed in 101 of the 143 cases); official misconduct (93); and mistaken witness identification (48). Defendants offered guilty pleas in 34 exonerations and gave false confessions in 24 cases.

Who helped achieve the year’s exonerations? Conviction Integrity Units (CIU’s) or Innocence Projects prompted exonerations in 87 of the year’s exonerations. The important trend of the increasing establishment of Conviction Integrity Units within prosecutorial offices continued in 2019. The year also witnessed a promising new development — attorneys general in Michigan and New Jersey launched statewide CIUs. (Pennsylvania’s attorney general also launched one in early 2020.)

The annual report provides more than important numbers and analysis that can inform reforms and advances. It also tells the extraordinary stories of exonerees and unthinkable injustice. These horrific cases should motivate Americans to continue all efforts that will reduce wrongful conviction and, armed with this important research, dispel the arguments of those who resist meaningful reforms. 

The National Registry of Exonerations — a joint project of the University of California Irvine Newkirk Center for Science & Society, the University of Michigan Law School, and the Michigan State University College of Law — once again has clarified wrongful conviction with the inescapable conclusion that we can and must advance toward a more accurate and just criminal justice system. 

Annual Exonerations Report: A record number of years lost by those exonerated in 2018

A record 1,639 years were lost in prison by those wrongly convicted and exonerated in 2018, according to “Exonerations in 2018,” the annual report of The National Registry of Exonerations (NRE). The 151 persons exonerated in 2018 spent an average of 10.9 years wrongly incarcerated before exoneration. The report highlights milestones, trends, and the year’s specific exoneration takeaways.

For example, in September 2018 the total number of years lost by exonerees exceeded the milestone of 20,000. As of today, that number is 21,095 lost years for the 2,418 persons known to have been exonerated since 1989.

One highlight of 2018 was an extraordinary 31 defendants exonerated as a result of the scandal in Chicago stemming from an era of police corruption led by Sergeant Ronald Watts in which defendants were framed by police on drug and weapons charges. Reinvestigation of these cases — 30 of which were drug crimes — prompted the exonerations.

The Registry notes contributors to wrongful conviction in each case of exoneration. The 31 Chicago cases were included in at least 107 cases involving official misconduct, a Continue reading

Two Florida Men Freed After 42 Years in Prison for a Murder They Didn’t Commit

Clifford Williams and Hubert Myers were convicted of murdering a woman while they were at a party in Jacksonville, Florida. Two women were shot in a nearby apartment, one of them fatally. The men were quickly arrested, convicted and sentenced to life in prison after a 2-day trial.

The state of Florida has recently dropped all charges and freed them.

See the CNN story here:  https://www.cnn.com/2019/03/29/us/florida-wrongful-imprisonment-42-years-murder/index.html

 

 

Philly’s Conviction Integrity Unit adds Ohio Innocence Project veteran

With a new position in the Philadelphia Office of the District Attorney, former Ohio Innocence Project (OIP) attorney Carrie Wood knows that, although the title has changed, her goal—as the old TV saying goes, to protect the innocent—is the same.

Carrie Wood portrait1

Carrie Wood

Wood’s move from the OIP to the district attorney’s staff isn’t as dramatic a change in direction as it sounds. She is an assistant district attorney, but her assignment is with the office’s Conviction Integrity Unit.

The emergence of conviction integrity units (CIUs) is a response from within the justice system to the irrefutable evidence that has come forth through the Innocence Movement that the system is not infallible, and that sometimes those convicted and imprisoned are truly innocent.

Wood has landed her new position in Philadelphia at a particularly interesting time. A new, reform-minded district attorney, Larry Krasner, won election to the office last November. Krasner’s career experience is as a civil rights attorney and public defender.

Continue reading

National Registry of Exonerations Releases Record-Filled Annual Report for 2017

The National Registry of Exoneration has reported 139 exonerations — cases in which convictions were officially vacated as a result of new evidence of innocence — in 2017. A significant finding in the Annual Report (here) is that in 84 of these cases, misconduct by police, prosecutors, or other government officials factored in the wrongful conviction, an all-time record for official misconduct as a contributor to wrongful convictions later vacated through exoneration. But there was also encouraging evidence of increasing activism in achieving exonerations by prosecutorial offices through the work of Conviction Integrity Units (CIUs).

The annual report provides a detailed analysis of exonerations in 2017. Perjury or false accusation factored in a record 87 cases, 62 percent. Another record 29 or 20 percent of exonerations involved a false confession. And mistaken eyewitness identification impacted a record 37 cases, 26 percent.

Fifty-one defendants were exonerated of homicide, twenty-nine of sex crimes, eighteen of other violent crimes, forty-one of non-violent crimes such as fraud, Continue reading

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Exoneration and Freedom for Evin King in Ohio

Today, prosecutors in Cuyahoga County (Cleveland)  vacated the conviction of long-time Ohio Innocence Project client Evin King.  King was convicted in 1995 of murdering his girlfriend despite no direct evidence of guilt (eyewitness or forensic).  He always maintained his innocence, from arrest and trial and then throughout his 23 years of incarceration.

When he is released, which will hopefully be later this week, King will be the 25th person the OIP has freed on grounds of innocence since its founding in 2003.  Together the 25 innocent Ohioans spent more than 470 years in prison for crimes they didn’t commit.

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Evin King prison photo

DNA testing confirmed that the semen found in the victim’s vaginal cavity after the attacked matched male skin cells found under her fingernails (a hand-to-hand struggle appeared to have taken place during the attack, as the victim was strangled).  This male DNA in both locations did NOT match Evin King, but rather, an unknown male.
[Watch this moving video of Assistant Clinical Professor Jennifer Bergeron informing Evin King, in prison, that he is about to regain his freedom after 23 years in prison for a murder he didn’t commit…]

Prosecutors had for years failed to respond to King’s motions for relief, even after the exclusionary DNA test results were obtained.  And the trial court sat on King’s post-conviction motions for nearly a year-and-a-half before denying relief.  Fortunately, the 8th District Court of Appeals reversed the trial court’s decision last year and sent the case back to the trial court for a hearing, while specifically observing that the DNA evidence supports King’s innocence claim.  On Friday, the OIP learned that after newly-elected prosecutor Michael O’Malley took office in January, he put new prosecutors on the case to look into it with a fresh eye.  When O’Malley was later informed of the details of King’s case from these prosecutors, he ordered that King’s conviction be overturned and that he be released.
OIP Assistant Clinical Professor Jennifer Bergeron has represented King for many years, as did OIP staff attorney and Ohio Public Defender attorney Carrie Wood (now at the Cincinnati Public Defender’s Office).  OIP student fellows on the case include Taylor Freed, Katie Wilkin, Mallorie Thomas, Joe Wambaugh, Bryant Stayer, Steve Kelly, Morgan Keilholz, Jon Walker, Scott Leaman, Thomas Styslinger, John Markus, and Julie Payne.  The Ohio Public Defenders Office, particularly Kris Haines, worked on King’s case as well for many years.  King’s case is another example of the importance of determination and perseverance, as Bergeron, Wood, Haines, and the students never gave up even though at times King’s prospects appeared bleak given the initial stiff resistance of the trial court and the prosecutors.
OIP co-founder and director Mark Godsey said, “While the initial delay in obtaining justice for Mr. King is disturbing, Michael O’Malley and the Cuyahoga County Prosecutor’s Office deserve credit for turning this case around and correcting an injustice.  As we have seen in other counties with other cases, prosecutors far too often fight back hard against an exoneration even when the evidence of innocence is strong.  But in several past cases in Cuyahoga County, and today with Evin King’s case, the prosecutors in Cleveland put justice above winning.  O’Malley’s involvement in the case since his recent election, along with his decision to put new prosecutors on the case, may have been the pivotal factor that secured freedom for an innocent man, and we are thankful for his heroic intervention.”

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How Janet Reno bolstered the innocence movement

Former U.S. Attorney General Janet Reno was remembered for many things after her death this week. But one of her most important accomplishments was  greatly overlooked — how she fostered the innocence movement. Defense attorney James M. Doyle explains how in a column here.

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Field-test errors may lead to thousands of wrongful drug convictions

At least 100,000 Americans plead guilty every year to drug-possession charges that rely on often-inaccurate field-test results as evidence. At that volume, even the most modest of error rates could produce thousands of wrongful convictions, yet police and prosecutors continue to rely on the tests, Pro Public reports here.

 

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Most Brooklyn wrongful convictions preventable, analyst says

Examination of the 19 Brooklyn Conviction Review Unit exoneree cases suggests that most of the wrongful convictions were highly preventable, City University of New York doctoral student Rakiya King says in a Viewpoints Column for The Crime Report. You can read her analysis here.

 

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