Category Archives: Conviction Integrity Units

Monday’s Quick Clicks…

Colorado Prosecutors Practice ‘Spin’ and Deceit

I have long been dismayed by the state of ethics within the prosecutorial community. Here is just one more example of why. This one stretches the limits of credibility to the point of being sadly laughable.

Between 2010 and 2014, prosecutors in Colorado conducted what was called the “Justice Review Project,” which was federally funded for $2.6 million. The objective was to review over 5,000 convictions to determine if DNA testing could prove any of the defendants actually innocent.

The “Project” consisted entirely of prosecutorial staff, with the exception of the “Review Board,” which did have representation from the legal defense community. However, there was only one case that ever came before the review board, and that case was imposed upon the “Project” by outside defense counsel, which had already paid for independent DNA testing. This one case was also the only one out of over 5,000 that the “Project” determined was suitable for DNA testing. The “Project’s” selection criteria had been set up to allow off-hand disqualification of essentially every case.

The prosecutors then went on to claim (boast) that the “Project” proved that the Colorado justice system is infallible, and that Colorado prosecutors “get it right the first time” all the time. Not only that, but they also had the unmitigated gall to state in their final report on the “Project” that the one case in which DNA was tested (which they had forced on them), and proved innocence, was their “crowning achievement.”

Now the prosecutors are refusing to release (hiding) records of the “Project.” So, the Exoneration Project is suing in Denver District Court to have the records released.

See the Colorado Independent story here.

 

Tuesday’s Quick Clicks…

New Report Details Need for Greater Transparency and Accountability for Prosecutors

The Innocence project (NY) has announced the release of a new report calling for greater transparency and accountability for prosecutors.

On the fifth anniversary of the U.S. Supreme Court’s decision in Connick v. Thompson, which granted prosecutors broad immunity for their misconduct, a coalition of innocence organizations today released a new report, Prosecutorial Oversight: A National Dialogue in the Wake of Connick v. Thompson, calling for greater transparency and accountability for prosecutors. Although prosecutors have long argued that there are sufficient systems in place to guard against misconduct, the report reviewed court findings of misconduct over a five year period for five states, documenting 660 findings of misconduct – a likely undercount given the difficulties in identifying this behavior. Of these cases, we know of only one prosecutor who was disciplined for his misconduct, and that took a change of law by the Texas Legislature. The report, which was produced in conjunction with forums featuring a broad array of criminal justice stakeholders in the five states surveyed, provides a list of recommendations that states should pursue to increase prosecutorial transparency and accountability.
This report was a collaborative effort by several organizations that oversaw the design and implementations of the research process. The organizations primarily responsible were the Innocence Project, the Veritas Initiative at Santa Clara University School of Law, Innocence Project New Orleans and Resurrection after Exoneration. A number of additional organizations also provided support in hosting and presenting the prosecutorial oversight forums. These included the Arizona Justice Project, the Pennsylvania Innocence Project and the Actual Innocence Clinic at the University of Texas School of Law.

Monday’s Quick Clicks…

Monday’s Quick Clicks…

Friday’s Quick Clicks…

Record Year: Nearly Three Exonerations Per Week in 2015

The National Registry of Exonerations has reported a record 149 known exonerations in 2015 in 29 states, the District of Columbia, federal courts, and Guam. The exonerated had served an average of 14-and-a-half years in prison for crimes they did not commit.

Increasing known exonerations has been a trend over recent years, and the National Registry of Exoneration’s annual report, Exonerations in 2015, includes several new records for 2015: Continue reading

The National Registry of Exonerations Reports on Exonerations in 2015

The National Registry of Exonerations has just released a report on exonerations in 2015. See that report here.

2015 was a record setting year for exonerations, with 149 logged to date. And the trend line is up. For our last update on the Registry, see  https://wrongfulconvictionsblog.org/2015/01/13/update-on-the-national-registry-of-exonerations-2/.

“Conviction Integrity Units” – Foretelling the Future?

We’ve posted previously about our (my) high degree of skepticism regarding the actual integrity of, and motivations for, so-called “conviction integrity units” in prosecutors’ offices. Please see:

A Word About Conviction Integrity Units

Conviction Integrity Units – A Skeptic’s Perspective

In both of these articles we made note of the fact that the New Orleans District Attorney and the Innocence Project – New Orleans had agreed to establish a joint conviction integrity unit. This would be “ground breaking” for a prosecutor to team up with an innocence organization for this, because it would provide absolutely objective oversight of the CIU (which none of them have, because they are totally contained within the prosecutor’s office); and we said this will bear careful watching.

In the second of the above articles, we stated that when the conviction integrity units eventually start to be disbanded (which I believe they will), we will hear one of these reasons, or a combination of the two, as the justification:

1) We’ve fixed everything there was to fix, and we promise to behave ourselves in the future, so the CIU is no longer needed.

2) Budget constraints and the requirements of ongoing prosecutions force us to apply the resource devoted to the CIU to more urgent business.

Please see Mark Godsey’s “Quick Clicks” from Monday, Jan. 11, 2016 here for news that the project between the New Orleans District Attorney’s office and the Innocence Project – New Orleans to form a joint conviction integrity team has been abandoned. And the reason? Budget.

Hmmm. Really?

Final comment. The very existence of “conviction integrity units” begs the question – why? Because they can’t get it right the first time? But given that honest errors leading to a wrongful conviction may occur, leaving it to the prosecutors to correct their own mistakes and misdeeds is not the right way to do it. Having prosecutors oversee prosecutors is like having cops oversee cops, and we know how that works.

 

Prosecutors Oppose New Trial for Melissa Calusinski in SBS Case

We’ve previously posted about the Melissa Calusinski case in Lake County, IL here. It would seem to clearly be a case of a coerced false confession, combined with bad medical “science.”

Lake County State’s Attorney, Michael Nerheim, has already declined to have his so-called “conviction integrity unit” review the case.

Now, despite the fact that the Lake County Coroner officially changed the cause of death from homicide to undetermined, and despite the fact that newly discovered X-ray evidence shows that the child had experienced previous head trauma, the prosecution is opposing a request for new trial by Calusinski’s attorney.

Why are we not surprised? See the Lake County Daily Herald story here.

Wednesday’s Quick Clicks…

Wednesday’s Quick Clicks…

Monday’s Quick Clicks…

Friday’s Quick Clicks…

Friday’s Quick Clicks…

Criminal Law 2.0, by The Hon. Alex Kozinski (Why the US Justice System Really Isn’t Just)

Alex Kozinski is a judge on the U.S. Ninth Circuit. He has recently authored an article for the Georgetown Law Journal, which he simply titles “Criminal Law 2.0.” It is a comprehensive review and critique of the flaws and shortcomings of the current US justice system. My opinion is that this article is a masterpiece, a classic. Here is an experienced, seasoned, knowledgable justice system “insider” who has “figured it out.” And not only has he figured it out, but he also has some very good ideas about fixing the problems, or at least some of them. You can see the full text here: Kozinski, Criminal Law 2. I strongly encourage reading the full article.

Here is a topical summary: (Please see the full article for Judge Kozinski’s discussion of each point.)

A. The myths that cause us to think that the justice system is fair and just, when it’s really not.

  1. Eyewitnesses are highly reliable.
  2. Fingerprint evidence is foolproof.
  3. Other types of forensic evidence are scientifically proven and therefore infallible.
  4. DNA evidence is infallible.
  5. Human memories are reliable.
  6. Confessions are infallible because innocent people never confess.
  7. Juries follow instructions.
  8. Prosecutors play fair.
  9. The prosecution is at a substantial disadvantage because it must prove its case beyond a reasonable doubt.
  10. Police are objective in their investigations.
  11. Guilty pleas are conclusive proof of guilt.
  12. Long sentences deter crime.

B. Recommendations for reform – Juries

  1. Give jurors a written copy of the jury instructions.
  2. Allow jurors to take notes during trial and provide them with a full trial transcript.
  3. Allow jurors to discuss the case while the trial is ongoing.
  4. Allow jurors to ask questions during the trial.
  5. Tell jurors up-front what’s at stake in the case.
  6. Give jurors a say in sentencing.

C. Recommendations for reform – Prosecutors

  1. Require open file discovery.
  2. Adopt standardized, rigorous procedures for dealing with the government’s disclosure obligations.
  3. Adopt standardized, rigorous procedures for eyewitness identification.
  4. Video record all suspect interrogations.
  5. Impose strict limits on the use of jailhouse informants.
  6. Adopt rigorous, uniform procedures for certifying expert witnesses and preserving the integrity of the testing process.
  7. Keep adding conviction integrity units.
  8. Establish independent Prosecutorial Integrity Units.

D. Recommendations for reform – Judges

  1. Enter Brady compliance orders in every criminal case.
  2. Engage in a Brady colloquy.
  3. Adopt local rules that require the government to comply with its discovery obligations without the need for motions by the defense.
  4. Condition the admission of expert evidence in criminal cases on the presentation of a proper Daubert showing.
  5. When prosecutors misbehave, don’t keep it a secret.

E. Recommendations for reform – General

  1. Abandon judicial elections.
  2. Abrogate absolute prosecutorial immunity.
  3. Repeal AEDPA § 2254(d). (Antiterrorism and Effective Death Penalty Act)
  4. Treat prosecutorial misconduct as a civil rights violation.
  5. Give criminal defendants the choice of a jury or bench trial.
  6. Conduct in depth studies of exonerations.
  7. Repeal three felonies a day for three years. (Refers to the fact that there are too many vague, overlapping laws on the books.)

I would add two more to the General category:

•  Have all trial counsel, prosecution and defense, sworn in at the beginning of every trial.

•  Abandon political election of prosecutors.

Friday’s Quick Clicks…

A Broken Justice System – Cases in Point – Part 1 – The Case of Ryan Madden

From time to time, I become aware of cases that are particularly good examples of the flaws, problems, shortcomings, and actual injustices of our so-called justice system that I have been writing about here for the last 3 1/2 years. I thought it would be good to highlight some of them for the blog.

As a backdrop to this series, I’d like to refer you to The Blaze article The American Nightmare: The Tyranny of the Criminal Justice System by John Whitehead. Please also see our previous post Why I Think the US Justice System is Broken – and Why It’s Not Getting Fixed.

Part 1” is the case of Ryan Madden in California.  Here is what I think this case exemplifies:

1) Bad defense lawyering leading to a wrongful conviction and exclusion from the appeals process.

2) The fact that you can pay huge sums of money to a lawyer who screws up your case, and you still get wrongfully convicted, and …. the lawyer keeps the money.

3) The existence of arbitrary “time bars” in the law that serve only to value legal process and finality of judgement over true justice.

4) The fact that so-called “conviction integrity units” are, in my opinion, still under the complete and arbitrary control of the prosecutor, and are not a reliable remedy for wrongful convictions. (Please see our previous post, Conviction Integrity Units – A Skeptic’s Perspective.)

Ryan’s father, Michael Madden, posted a comment regarding his son’s case to the WCB article Equal Justice Under Law … Well … Just How Much Justice Can You Afford?  His comment follows (with his permission), and is self-explanatory.

_______________________________________________________

My son is currently serving 15 years for two armed robberies he did not commit. Shoddy and lazy lawyering led to his conviction through a myriad of miscalculations and mistakes, including failing to have ATM pictures of the actual suspect photographically enhanced.

During the appellate process, his once highly regarded attorney submitted his appeal 35 days too late, leading to the mounds of exculpatory evidence gleaned postconviction to be ADEPA time barred. He stands a very good chance under this system of NEVER having ANY of the exculpatory evidence considered by the courts… Including an actual confession letter written by the real perpetrator.

Even though his attorney miscalculated the allowable time frame in which to submit his appeal, my son is paying the price for his mistake, while the attorney suffers no consequences AND keeps the $85,000 fee.

In a last-ditch effort to have someone – ANYONE – examine the evidence, his fate now rests in the hands of the Ventura County Convictions Integrity Unit. Even though they are playing with taxpayers money, it’s amazing how frugal they become when it comes to spending it on possibly overturning a conviction they received nine years ago.

How did this “justice” system ever arrive at a place in which the timeliness of an appeal involving actual innocence trumps actual innocence?

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Michael maintains a website about his son’s case: innocentinmate.com

“Part 2,” and more, to come in future.

Thursday’s Quick Clicks…

Sam Gross, editor of the National Registry of Exonerations, recently wrote an editorial for the Washington Post: The Staggering Number of Wrongful Convictions in American

In Hawaii, attorneys say they can prove that the investigation and prosecution resulting in Taryn Christian 1995 murder conviction were rife with fraud

Illinois exoneree Alprentiss Nash who was convicted of murder in 1995 and released in 2012 after DNA tests proved his innocence, was fatally shot Tuesday after an argument

New York’s highest court denies State’s appeal of 2014 court decision overturning the 1993 kidnapping convictions of Everton Wagstaffe and Reginald Connor…

New Conviction Integrity Unit formed in Orange County, New York…