Category Archives: Exonerations

Thursday’s Quick Clicks…

Monday’s Quick Clicks…

Wednesday’s Quick Clicks…

Friday’s Quick Clicks…

Monday’s Quick Clicks…

  • Birmingham Six member Paddy Hill has claimed that police sent secret letters promising immunity to two of the men responsible for the 1974 pub bombings.  The miscarriage of justice campaigner, who received a life sentence for the terrorist atrocity but was released from prison and cleared after his conviction was quashed, believes two of the pub bombers were told they would not face prosecution for IRA crimes.  The 68-year-old, who now lives in Scotland, said he has been told IRA members previously admitted that five people carried out the bombings at the Mulberry Bush and the Tavern in the Town.  He said that two of the five have since died, two were promised immunity – but a fifth bomber has not received any assurances that he could escape prosecution.  Nobody has ever been brought to justice for the mass murder of 21 innocent people on the streets of Birmingham on November 21, 1974, which left 182 injured. Full article here
  • Nebraska exoneree Troy Hess has compensation claim rejected by Nebraska Supreme Court
  • In Canada, a judge has allowed former Vancouver real estate developer Tarsem Singh Gill to withdraw his guilty pleas in connection with a $40-million mortgage fraud.  In a ruling Friday, B.C. Supreme Court Justice Terry Schultes said that the possibility of a “miscarriage of justice” loomed large if he denied Gill’s application to withdraw his pleas to two counts of fraud.  Full story here….
  • Exoneree Edgar Coker discusses life on the sex offender registry.
  • Article about the Uriah Courtney exoneration in California

Friday’s Quick Clicks…

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Study shows how ‘mob journalism’ helps convict the innocent

“The media has won deserved credit for its role in exposing wrongful convictions,” The Crime Report says. “But there are many examples of compliant coverage of prosecutors and law enforcement authorities who rush to convict the innocent on flimsy or phony evidence.”

To prove its point, the web site has published a study by crime journalist David J. Krajicek that focuses on three examples — the 1949 case of Florida’s “Groveland Four”; the conviction of Kirk Bloodsworth in the 1985 rape and murder of a 9-year-old girl near Baltimore; and the conviction of Walter McMillian for the 1986 murder of a clerk in Monroeville, Ala.

All three cases are good examples of how the news media frequently follow — and sometimes lead — police and prosecutors down the rabbit hole of bias and tunnel vision. You can read the excellent study here.

NY murder convictions vacated; wrongful convictions scandal called “metastasizing”

Brooklyn (NY) Supreme Court Justice Raymond Guzman vacated the murder convictions of Antonio Yarbough, 39, and Sharrif Wilson, 37, Thursday after the two had served 21 years in prison for a 1992 triple murder—that of Mr. Yarbough’s mother, his twelve-year-old sister, and her friend. The two men, who were 15 and 18 at the time of the murders, have long claimed they did not commit them. Brooklyn District Attorney Ken Thompson dismissed the cases against the men.

No physical evidence had connected the two men to the crime. The post-conviction breakthrough came last year when DNA testing of evidence found under the fingernails of Mr. Yarbough’s mother matched DNA from a subsequent rape and murder that occurred in 1999 when Yarbough and Wilson were in prison. Family members cheered as the decision was announced in court. Continue reading

Arson Exoneration in Michigan…

Release yesterday from the Michigan Innocence Clinic:

The Michigan Innocence Clinic is very pleased to announce that our client Victor Caminata was exonerated today at the Wexford County Courthouse in Cadillac, Michigan. Mr. Caminata had served 5 years and 2 weeks of wrongful imprisonment for arson before he was released on July 2, 2013, when the Michigan Attorney General’s Office agreed that his conviction should be vacated because its experts no longer stood by the arson determination that had sent Mr. Caminata to prison to serve 9 to 40 years. Today, the AG dismissed the case with prejudice.

Mr. Caminata was convicted after the house he shared with his then-girlfriend and their children burned in 2008. An initial fire investigation concluded that the fire originated in the chimney, which was connected to a wood stove. But after the police received an anonymous tip, investigators re-examined the wreckage and found supposed signs that the fire had been intentionally set to look like a chimney fire. Remarkably, the state’s investigators never examined the interior of the chimney, which is the most basic step a fire investigator is required to take before ruling out a chimney fire.

Today’s final dismissal came almost two years after we filed a motion for relief from judgment for Mr. Caminata based on the conclusion of our experts that the state’s fire investigators had committed fundamental errors in violation of NFPA 921, that the supposed signs of arson were spurious, and that the original determination that an accidental chimney fire had burned the house was, in fact, correct.

We are especially grateful to Jim Samuels of Big Rapids, Michigan, and Mike McKenzie of Atlanta, Georgia, both of whom co-counseled the case with the Clinic on a pro bono basis, and to experts Joe Filas and Tom May, who also lent their services pro bono. Staff attorney Imran Syed led our legal team, which included at various times former co-director (now Michigan Supreme Court justice) Bridget McCormack, clinical professor Kim Thomas, and former students Blase Schmid, Adam Thompson, Kate O’Connor, Rachel Burg, Zach Dembo, Nick Hambley, Laura Andrade, Jocelin Chang, and Marc Allen, and current students Lexi Bond, Emily Goebel, and Claire Madill.

Anthony Graves, Exonerated Death Row Inmate, to File Grievance Against Former Texas Prosecutor Charles Sebesta

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Yet another case of egregious prosecutorial misconduct.

Anthony Graves was wrongfully convicted and sentenced to death for a gruesome multiple homicide that occurred in Somerville, TX in August of 1992.  He was ultimately exonerated and released from prison in 2010.

The prosecutor in the case, Charles Sebesta, under intense public pressure for a conviction of Graves with a death sentence, ignored all evidence pointing to his innocence,  pressed ahead, and, as the special prosecutor appointed to handle Graves’ retrial said, “Sebesta manufactured evidence, misled jurors and elicited false testimony.”  The special prosecutor laid the blame for Graves’ wrongful conviction squarely at the feet of Sebesta.

Anthony Graves and the Houston law firm of Bob Bennett & Associates will file a grievance with the Texas Bar’s Office of the Chief Disciplinary Counsel seeking sanctions against Sebesta for his central role in Graves’ wrongful conviction and imprisonment.

Read the case statement of facts here – Statement-of-Facts.

You can see the full press packet here.

And read the Texas Monthly story here.

Editorial PS:  I think it’s tragic that Mr. Graves has to pursue redress through the Bar Association.  He should have remedy available through the courts.

Chicago exonoree chooses hope over anger

The struggle to overcome a wrongful conviction doesn’t end with exoneration. Rebuilding a life interrupted by years of incarceration takes a lot of hard work. Nicole Harris, a client of the Northwestern University Center on Wrongful Convictions who falsely confessed to the murdering her 4-year-old son, is doing it the right way. Her effort is featured in this story on the front page of today’s Chicago Tribune.

By Duaa Eldeib, Tribune reporter
January 19, 2014

As she marks her 32nd birthday Sunday, Nicole Harris is navigating job interviews and graduate school applications. She’s discovering just how delicate the relationship between a mother and her teenage son can be. She is constantly on the hunt for a good book.

Yet still there are moments she yearns for the quiet of her prison cell.

Nine years ago, Harris was a young mother of two who’d overcome tremendous obstacles to earn a college degree. Her boys, Jaquari and Diante, were just 4 and 5, but she was already thinking about where she might someday send them to college.

Then Jaquari died. And she was convicted of killing him.

Harris spent almost eight years behind bars before an appeals court, raising serious questions about her conviction, reversed it. And on a bright winter day nearly a year ago, she was set free.

Continue reading

Charges Dropped in Conviction Based on Questionable Confessions

Breaking: This morning Cook County (IL) prosecutors reversed themselves and set aside the murder conviction and life sentence of Deon Patrick, 42, who has served more than half his life in prison following his conviction in a double murder case. The accuracy of the convictions of Patrick and others was clouded by questionable confessions.

Patrick was one of eight persons charged with the 1992 murders of Jeffrey Lassiter and Sharon Haugabook. Five were convicted after all made confessions that cross-implicated one another. Continue reading

Satanic ritual abuse panic seems to be unraveling

Child-abuse hysteria has produced hundreds, if not thousands, of wrongful convictions over the past 30 years. One of the most virulent strains of this hysteria was the one that started it: Satanic ritual abuse. Linda Rodriguez McRobbie offers a hopeful update here that suggests that the last vestiges of this panic are unraveling. But immense damage was done, and if the lessons left behind aren’t learned, there will be more panics and more innocent people sent to prison for crimes they didn’t commit or that didn’t even occur.

Predicting Wrongful Convictions Statistically…

A group of scholars, including Jon Gould, Julia Carrano, Richard Leo and Katie Hall-Jares have posted an interesting article, Predicting Erroneous Convictions, on SSRN.  The article is forthcoming at the Iowa Law Review.  Download here.  The abstract states:

The last thirty years have seen an enormous increase not only in the exonerations of innocent defendants but also academic scholarship on erroneous convictions. This literature has identified a number of common factors that appear frequently in erroneous conviction cases, including forensic error, prosecutorial misconduct, false confessions, and eyewitness misidentification. However, without a comparison or control group of cases, researchers risk labeling these factors as “causes” of erroneous convictions when they may be merely correlates. This article reports results from the first large scale empirical research project to compare wrongful convictions with other innocence cases in which the defendant escaped conviction (so-called “near misses”). Employing statistical methods and an expert panel, the research helps us to understand how the criminal justice system identifies innocent defendants in order to prevent erroneous convictions. In another first, the research secured the cooperation of practitioners from multiple sides of the criminal justice system, including the national Innocence Project, the Police Foundation, the Association of Prosecuting Attorneys, and the National District Attorneys Association. The results highlight ten factors that distinguish wrongful convictions from near misses, but the larger story is one of system failure in which the protections of the criminal justice system operate in a counterintuitive manner. The article closes with a series of policy reforms to address these failings.

Recent UK Exoneree talks about release and time in jail

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Recent DNA exoneree Victor Nealon, who spent 17 years in prison for an attempted rape he did not commit, has spoken of his time in prison and his release. He was given just 7 days notice of his appeal, then when freed from the appeal court, dropped at a local train station with 46 pounds (approx US$75) and nowhere to live. He is now considering suing the police for his arrest in order to gain some compensation to rebuild his life. Read the full interview here….

Postman who spent 17 years in prison after wrongful conviction for attempted rape says he is a ‘greater person’ for being victim of miscarriage of justice

Tuesday’s Quick Clicks…

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  • The 2013 holiday season meant a great deal to Brandon Olebar, who, after 10 years of wrongful incarceration, got to enjoy the festivities with his family for the first time in over a decade. Olebar’s release comes thanks to the efforts of the Innocence Project Northwest (IPNW).  More….
  • In NY, Robert Jones, who has been imprisoned for 19 years for a murder he says he didn’t commit, hopes to be released after State’s key witness says she was pressured to identify him as the perp.
  • In Massachusetts, doctors believe Brian Peixoto was wrongfully convicted of child murder in an alleged junk medical science case.

2013 Innocence Network Report Released…

Download here….

Network press release:

A report released today by the Innocence Networkreveals that 29 people in the US and 2 people in the Netherlands were exonerated for crimes they didn’t commit by Innocence Network members in the past year.  This is the largest number of exonerations that the Network has secured in the five years that it has reported its exonerations.

The report, “Innocence Network Exonerations 2013,” details each of this year’s exonerations.  DNA contributed to the exonerations of 14 people.  The other 17 were exonerated by other means. The 31 people exonerated served a combined 451 years behind bars (and an average of 14.5 years each).  Two men served more than 3 decades.  Three women were exonerated this year, also a record for the Network.

“Although it is painful to read about these tragic injustices, this year’s report does signal that the innocence movement that began two decades ago is gradually making progress in improving the system,” said Keith Findley, President of the Innocence Network and Co-Director of the Wisconsin Innocence Project.  “There were two people who were exonerated by new laws that were passed to make it easier to overturn wrongful convictions.  We also saw how new technology is helping to correct injustice.”

Debra Brown of Utah, who served 17 years for a murder she didn’t commit, was the first person to be exonerated through a 2008 law passed by the Utah Legislature that makes it easier to overturn a conviction where there is no DNA evidence.  Andrew Johnson, who wrongly served 23 years for rape, was the first person in Wyoming to be exonerated based on post-conviction DNA testing that was possible because of a law that the state passed in 2008. With the passage of a law in Oklahoma in May, all 50 states now have laws that guarantee access to DNA testing to overturn wrongful convictions.

The Knoops Innocence Project in the Netherlands saw its first exonerations this year. Nozai Thomas and Andy Melaan, who were convicted of murder and served 5 and 8 years respectively, were exonerated based on the testimony of a digital forensics expert who produced evidence that Thomas was at his desk downloading music at the time of the murder and that Meelan had used his cell phone on the other side of the island when the crime occurred.

“The report also serves as a stark reminder of the flaws that plague the system,” added Findley.  “Misidentification continues to be the leading contributor to wrongful convictions, followed closely by false confessions and bad forensic practices.  But this year we also saw numerous instances of police and prosecutorial misconduct and the tragic results of relying on incentivized informants.”

In addition to helping overturn wrongful convictions, Innocence Network organizations worked to bring substantive reform to the criminal justice system. Last year, Network member organizations lobbied statehouse across the country for reforms to improve identification procedures, reduce false confessions and compensate the wrongly convicted.

The Innocence Network is composed of 63 member organizations— 52 members in the US and 11 members in other countries.  Each organization operates independently but they coordinate to share information and expertise.

Innocence Network members range from successful clinics that have operated for many years at some of the most respected universities to full-fledged nonprofit organizations with a solid staff and base of funding to small clinics at law schools that are still setting up a process to review cases. You can learn more about the Innocence Network or find an organization near you at www.innocencenetwork.org.

Holiday Quick Clicks…

  • clickIn Wisconsin, the governor says he’ll issue no “innocence pardons” because it is too hard to pick and choose who deserves attention and who doesn’t
  • Why is a Texas prosecutor still practicing law after having been found to have committed egregious misconduct to wrongfully convict Anthony Graves?
  • Philly police to implement sweeping interrogation reforms January 1, 2014
  • Virginia man Jonathan Montgomery says exoneration is “best Christmas present ever.
  • Details about the Little Rascals Daycare case in North Carolina, another of the alleged daycare hysteria wrongful conviction cases
  • Nora Wall, wrongfully convicted Irish nun, in talks with Irish government about compensation
  • Connecticut federal judge finds that Scott Lewis was wrongfully convicted as a result of Brady violations

Wrongfully Convicted Man Released After 10 Years in Washington State

Congratulations to Brandon Olebar and to the Innocence Project Northwest!

From the Seattle Times:

December 23, 2013 at 11:28 AM

Wrongly convicted King County man released after 10 years in prison

Posted by Mike Carter

A man who spent 10 years in prison for robbery and burglary has been released after the Innocence Project Northwest persuaded King County prosecutors to re-examine the man’s conviction, which was based solely on eyewitness testimony.

The case of Brandon Olebar came to the attention of the Innocence Project Northwest (IPNW),  based out of the clinical law program at the University of Washington Law School, in 2011. The project said two students “developed a body of evidence” that showed Olebar was not among the assailants who in February 2003 broke into the home of Olebar’s sister’s boyfriend, pistol-whipped and beat him unconscious and then stuffed him in a closet. The victim said as many as eight attackers beat him for more than 10 minutes, during which time he recognized Olebar’s sister as one of them. He told police the attackers had “feather” facial tattoos.

Two days after the beating, the victim identified Brandon Olebar from a photograph montage. Despite the fact that he does not have a facial tattoo and that he had an alibi, Olebar was charged with burglary and robbery, convicted by a King County jury solely on the basis of eyewitness testimony, and sentenced to 16 1/2 years in prison.

IPNW Director Jacqueline McMurtrie said two law students, Nikki Carsley and Kathleen Klineall, tracked down and interviewed three of the assailants, who signed sworn statements admitting their involvement and denying that Brandon Olebar was present. Working with IPN attorney Fernanda Torres, they presented the new evidence to Mark Larson, the chief criminal deputy prosecutor to King County Prosecutor Dan Satterberg. Continue reading

Chinese saga of wrongful conviction finally ends after 16 years

A Chinese man who was sentenced to death and spent 12 years in prison for the rape and murder of a child was awarded US$160,000 compensation after his conviction was overturned, a court said. Li Huailiang stood trial seven times and was given three different sentences for the rape and murder of a 13-year-old girl in Pingdingshan in August 2001, Xinhua reported.

The farmer was condemned to death, then death with a two-year reprieve – a sentence normally commuted to life in prison – and after that, 15 years in jail.
Each time, the verdict was subsequently overturned “due to lack of evidence,’’ but he was not formally acquitted until April this year, when he was released from prison, Xinhua said. The Intermediate People’s Court in Pingdingshan, in central Henan, granted him 780,000 yuan (US$130,000) for the loss of “personal freedom’’ for 4,282 days spent in prison and a further 200,000 yuan for “psychological damage,’’ a statement posted on its website said.
Li had claimed 3.79 million yuan in total, the statement added.