Category Archives: Exonerations

‘Home and Away’: differential reporting on miscarriages of justice in the UK?

_40085152_justicefigure203Miscarriages of justice (as wrongful convictions are more commonly referred to in the UK) rarely feature in the national media in the UK. This has been noted for many years now. If a case is sufficiently high-profile or has some peculiarity (i.e. involves a footballer or other ‘celebrity’), then it may merit a short piece in a national newspaper. Most will only make a paragraph or two in a regional newspaper if lucky supporters can provoke the interest of a local journalist. The overwhelming majority get no media coverage at all. This is not because of a lack of miscarriages of justice (our Criminal Court of Appeal is as over-run with work as ever, as is our Criminal Cases Review Commission), but a perceived lack of public interest. Perhaps domestic miscarriages lack the ‘drama’ of an exoneration in the US (we lack the ridiculously lengthy sentences for a start). The contrast is becoming increasingly stark, with ‘Making a Murderer’ lawyers ‘on tour’ in the UK speaking to rapturous crowds, while campaigners for domestic cases struggle to be heard. In just one example: a leading national newspaper this week has a major splash on an exoneration in the US, that has a small ‘home’ angle that can be exploited:

“Innocent man jailed for 24 years after being framed over British tourist’s murder in New Orleans is freed by two lawyers who exposed a jaw-dropping fit-up that shames the US legal system.”

Yet look at the coverage of a shocking (but all too common) miscarriage of justice in the UK – a story in a local paper: Exclusive: Sheffield milkshake shop owner’s three-year nightmare in fight to clear name over child sex attack

While clearly anecdotal, yet again today I have had to correct a law student who is interested in studing miscarriages of justice after watching US TV shows, who thought that they were an “American thing”. Students seem astonished when I point out that we have our own miscarriages of justice they could study. Perhaps the media could play their part in actually reporting on ‘home’ miscarriages of justice rather than just seeking those instances we can revel in shaming the US for ‘away’ cases.

Mystery and thriller writers tell the stories of the wrongfully convicted in new book

From The ABA Journal

They’ve confessed to murders they didn’t commit, were mistakenly identified by unreliable witnesses, and have been convicted on phony evidence and false testimony. Many endured decades in prison before the truth would set them free.

Every one of the wrongfully convicted has a compelling story, and a group of top-notch mystery and thriller writers was recruited to help tell some of those tales in a new book, Anatomy of Innocence: Testimonies of the Wrongfully Convicted.

The book was developed by author and Loyola University Chicago law professor Laura Caldwell and Los Angeles author and tax attorney Leslie Klinger. They wanted to illuminate the fear, the frustration and, ultimately, the faith that these people experienced before they were eventually exonerated.

“They’re just heart-wrenching, every one of these stories,” Klinger says. “It’s amazing to see the strength of these survivors.”

“It shows that it can happen to anyone,” Caldwell adds.

Caldwell, author of the Izzy McNeil mystery novel series, also is the founder of Life After Innocence, a Loyola law school course that helps exonerees navigate through some of the legal and social challenges they face after release. A portion of the book proceeds will benefit the program. Klinger is the editor of The New Annotated Sherlock Holmes, among other books.

Caldwell and Klinger came up with the idea for the book while chatting at a mystery writers’ conference. Because each wrongful conviction story was long and often convoluted, they decided to ask writers to cover different phases of the experiences, from arrest to exoneration to readjusting to life after prison.

“We thought: Let’s have these masters of storytelling, who already have a deep understanding of criminal procedure and know how to drive a plot, and give them a snapshot of the story to cover and write about,” Caldwell says.

Caldwell and Klinger ran the idea by some of their mystery-writing colleagues. “When we explained the project, people jumped on board,” Klinger says. “No arm-twisting was necessary.”

The resulting stories are chilling and heartbreaking. They evoke the feeling of helplessness that many of the wrongly convicted experienced while also celebrating persistence and endurance. In the opening chapter, S.J. Rozan tells the story of California law student Gloria Killian, who thought she was being helpful by talking to detectives about an acquaintance’s murder and wound up charged and jailed for the crime.

At the end of the book, Caldwell writes about how Illinois exoneree Juan Rivera, who served about 20 years for a murder and rape he did not commit, savors being the father of a baby girl and watching the sun rise each morning.

Lee Child is among the big-name authors. He writes about Kirk Bloodsworth, the first person exonerated based on DNA evidence. Child was a natural choice to chronicle Bloodsworth because a fictional character from Child’s books, Jack Reacher, comes from a military background like Bloodsworth does, Caldwell says.

Chicago novelist Sara Paretsky writes about David Bates, who was 18 when police picked him up on suspicion of murder, handcuffed him to a wall and put a typewriter cover over his head. Bates confessed out of desperation, hoping to straighten it all out later. It was 11 years before he was exonerated. “The powerlessness he felt at his torturers’ hands sweeps through his body, paralyzing him,” Paretsky writes.

The book also includes a never-before-published essay by playwright Arthur Miller, who had taken up the cause of a wrongfully convicted man from Connecticut named Peter Reilly. At 18, Reilly confessed under pressure to murdering his mother in 1973.

All these stories shed light on the unthinkable—going to prison for a crime you didn’t commit.

“We are not trying to indict the American justice system,” Klinger says. “This is a human system. I hope this will bring it more attention.”


This article originally appeared in the March 2017 issue of the ABA Journal with this headline: “Tales of Innocence: Mystery and thriller writers tell the stories of the wrongfully convicted.”

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Precedent-setting hair case drags on

Today marks one year of freedom for George D. Perrot, who served 30 years in prison before his conviction was overturned in a nationally significant case involving flawed FBI forensics and one strand of hair. But Perrot continues to feel “tortured” by Massachusetts prosecutors, who are dragging their feet on an appeal of the decision that set him free. The Schuster Institute for Investigative Journalism updates the case here.

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A Case for Justice Reform in 2017

The year 2016 will go down as a good one for Freddie Peacock. But because it was so long in coming, it surely must be bittersweet. His story illustrates the slow pace and enormous hurdles in correcting criminal justice miscarriages post-conviction. It also calls on our individual and national conscience to make 2017 the year responsible citizens send the message loud and clear to all public and criminal justice professionals that this nation must replace the mantra of “tough on crime” with “smart on crime.” In the Peacock case we learn many lessons about wrongful conviction rarely delivered so clearly by a federal judge.

In August 2016 U.S. District Judge Michael Telesca awarded Freddie Peacock nearly $6.2 million long after Peacock’s conviction of and imprisonment for a 1976 Rochester (NY) rape he didn’t commit. Peacock had sued the city of Rochester and Rochester police. Judge Telesca’s decisions in May (here) enabling Peacock to pursue civil damages and in August (here) determining his damages are instructional for those who believe wrongful convictions are the inevitable rare result of innocent human error. Continue reading

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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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