Category Archives: Exonerations

Tuesday’s Quick Clicks…

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  • Statute of limitations issues may haunt prosecution of former prosecutor now judge Ken Anderson, charged with criminal offenses for his conduct leading to the wrongful conviction of Michael Morton.
  • After 24 years in prison, Wyoming man gets retrial, taste of freedom, and a cookie
  • Georgia needs a method to compensate the wrongfully convicted.
  • Yesterday, the Texas House voted on HB 166, a bill that would create the Timothy Cole Exoneration Review Commission.  This so-called innocence commission would investigate past exoneration cases to find out why the wrongful conviction happened in the first place. The group would not intervene in pending cases or open cases without an exoneration.

  • A Vancouver man suing for compensation for 27 years in prison for sex assaults he didn’t commit has won a preliminary round in court against the provincial government.  The government opposed Ivan Henry’s application in B.C. Supreme Court to change his legal claim that would spell out the circumstances where the province can be held liable for breaching his rights under the Charter of Rights and Freedoms.  The government claimed the rule of prosecutorial immunity only allows claims for charter breaches to succeed if they arose from malicious conduct by the prosecutor.  But Justice Richard Goepel ruled in Henry’s favour, finding “that a claim lies against the province for charter damages if the plaintiff can establish that Crown counsel acted in a marked and unacceptable departure from the reasonable standards expected of Crown counsel.”

  • Nice profile of Donna McKneelen of the Innocence Project at Cooley

Exoneree Fernando Bermudez on a Lecture Tour in Germany

From Fernando Bermudez:

Exoneree Fernando Bermudez is now touring around Germany, giving lectures about his experience and the innocence movement in the United States. The cities he will be visiting are: Bochum, Greifswald, Berlin, Passau, Tübingen, Wiesbaden, and Freiburg. Read the news here (in German).

Fernando Bermudez served over 18 years in New York prisons, following his wrongful conviction for murder, until proven innocent in 2009. Continue reading

Conservative columnist says ‘Central Park Five’ film raises serious questions

The documentary by Ken Burns, David McMahon and Sarah Burns about the wrongful convictions of ”The Central Park Five” received high praise today from what some might consider an unlikely source — conservative columnist George F. Will.

As a critic of the overreach of government, though, Will has expressed concern in the past about the abuse of power by police, prosecutors and the courts. And he says what happened to the five innocent young men in the media-fueled hysteria created in the aftermath of a horrific rape and assault of a young woman in 1989 is a cautionary tale of government excess that should give conservatives pause.

”A society’s justice system can improve as a result of lurches into officially administered injustice,” Will writes. ”The dialectic of injustice, then revulsion, then reform often requires the presentation of sympathetic victims to a large audience, which ‘The Central Park Five’ does.”

Will goes on to say that ”this recounting of a multifaceted but, fortunately, not fatal failure of the criminal justice system buttresses the conservative case against the death penalty: Its finality leaves no room for rectifying mistakes, but it is a government program, so . . .”

You can read Will’s eloquent column here.

David Bryant Freed After 4 Decades, Based Upon IAC Claim (Ineffective Assistance of Counsel)

The NY Times article follows:

By: Marc Santora             Published: April 11, 2013

Karen Smith was 8 when she was raped, beaten, stabbed and left for dead in the stairwell of a Bronx apartment house in 1975.  Even in a city that was rife with crime and inured to violence, it was a horrific scene — the body of the little girl was found wearing only socks and underwear, a Nestle’s candy bar by her side and blood spattered four feet high on the wall.

Within a day, the police announced that they had apprehended a suspect, an 18-year-old neighbor named David Bryant who had a previous history of trouble with the law, including two arrests for sexual misconduct.

Mr. Bryant confessed to the murder, was convicted, and the case was largely forgotten.

But on Thursday, nearly 40 years later, a Bronx judge vacated the conviction and ordered Mr. Bryant released after finding that his lawyer at the time had provided a poor defense.

Continue reading

Jeramie R. Davis Freed After Nearly 6 Years in Prison

Congratulations to Jeramie R. Davis and to the Innocence Project Northwest!

From Spokane, Washington (The Spokesman-Review):

A man who spent nearly six years in prison for a murder he didn’t commit had one request today after a judge set him free: a double cheeseburger from Zips.

Jeramie R. Davis, 42, also looked forward to bonding with his 5-year-old son, Elijah, who was born shortly after his arrest in 2007.

“He really doesn’t know who I am,” Davis said of his son. “I want to get to know him.

Today’s release ended years of investigations, a conviction, DNA tests, a second trial that convicted a different man and scores of legal arguments stemming from the June 17, 2007, bludgeoning death of 74-year-old porn shop owner John G. “Jack” Allen.

“I’m grateful,” Davis said of years of legal battles by defense attorneys Anna Tolin, Kevin Curtis and others who labored on his behalf. Continue reading

Brian Banks, Exonerated of Rape Conviction, Signs with Atlanta Falcons

BBanks

The Brian Banks case has been reported on this blog a number of times.  See posts here, here, and here.  He was a sure-to-be NFL star when he was convicted of a rape he did not commit.  He was eventually exonerated with the help of the California Innocence Project, and has had his heart set on getting back into football ever since.

He has recently signed with the Atlanta Falcons, and now has a chance to resume his career.

Read the SportingNews story here.

40+ Years After Epic Fire, Convicted Man to Go Free

LTaylorLouis Taylor has spent 43 years in prison for a crime he did not commit – setting a hotel on fire, resulting in the deaths of 29 people.

He was convicted based upon arson junk science and the false testimony of jailhouse snitches.

Two review committees determined that there is no longer enough evidence available to tell whether or not arson was in play.  They said that the experts in the original trial “used methods no longer valid in the science of today.”

The Arizona Justice Project played a key role in bringing the case to resolution.  Unfortunately, Louis Taylor will have to plead “no contest,” receive credit for time served, and be released on that basis.

You can read the CNN story here.  Watch 60 Minutes segment here.

Amanda Knox – Trial by Website

Knox3Numerous times on this blog we have bemoaned the inappropriateness of “trial by media.”  The press/media cannot possibly have an intimate understanding of all the evidence, facts, affidavits, and testimony in a criminal trial.  But to gain readership, they piece together whatever bits of information they can gather, and publish stories that tend to appeal to the sensationalistic interest of the general public.  This is no surprise.  That’s what they do.  It’s unfortunate, however, because this stuff can and does have an influence, both during and, perhaps even more so, after trial.

But nowadays, there is a new internet-age version of trial by media.  I call it “trial by website.”  This happens when someone becomes personally dedicated to the guilt or innocence of a particular defendant, and sets up a website to proffer their one-sided views.  There are both innocence-based websites and guilt-based websites.  However, my observation is that the guilt-based websites are much more vitriolic, and generally based upon much unsubstantiated, or downright false, information.

There’s been much recent discussion due to the overturning of the Amanda Knox acquittal, and the websites run by people who have dedicated themselves to her guilt are going great guns.  Two of these are the Perugia Murder File (PMF) and True Justice for Meredith Kercher (TJMK).

Nina Burleigh is a journalist who actually went to Perugia, and studied all aspects of the case for over a month.  She has recently published an article in TIME in which she talks about these “Knox Hater” websites.  And in opining about what the outcome of any new trial will be she states, “In my opinion, the new panel will agree with the last one that the case against the students is fatally flawed.”

You can read Nina Burleigh’s article here.

Recently Freed Man in Stabilized Condition Following Heart Attack

David Ranta, released from prison last Thursday after serving 23 years in prison in a high-profile wrongful murder conviction, suffered a heart attack Friday night. According to this CNN report (here), as of Sunday night, Ranta’s conditioned was stabilized. He is being treated in cardiac intensive care unit at a New York hospital. Continue reading

Brian Banks’ Story to be Featured on CBS’s “60 Minutes”

BRIAN BANKS

BRIAN BANKS

The Brian Banks case has been reported on multiple times on this blog.  See the post covering his exoneration here.

Brian Banks’ inspiring story will be featured on this week’s episode of CBS’ 60 Minutes show (Sunday, March 24th, 7 pm PT/ET). From the 60 Minutes website: “Blindsided” – Brian Banks may yet play in the NFL, but he knows it’s a longshot after spending five years in prison on a rape charge for which he was later exonerated.  James Brown reports.”  Brown speaks with Banks, his family, and California Innocence Project director Justin Brooks about the case and what is says about our justice system.

More Detail on the David Ranta Exoneration

This is, sadly, all too typical.  False eyewitness identification, bogus lineup, jailhouse snitch, police tunnel vision.

Read the full CNN story here.  Below are some excerpts:

Since Ranta’s trial, another man’s widow has identified her now-dead husband as the killer; a onetime jail inmate has said he made up statements about Ranta to boost his own fortunes; and the man who, as a boy, picked him out of a lineup has come forward to say he was coached by a detective.

Menachem Lieberman was 13 years old when he identified Ranta in a lineup.  In 2011, he told investigators that he identified Ranta after being told by a detective to “Pick the guy with the big nose.”

Ranta’s attorney: “The detective work that was done on this case was at best shoddy and at worst criminal. And I don’t use that word lightly,” he told CNN. “But when a closer examination is done of the detective work … It becomes clear that there were so many leads that weren’t followed, there were so many notes that weren’t taken and just a general lack of attention to an investigation that required nothing but close scrutiny of the scene, of witnesses and so forth. That didn’t happen.”

David Ranta Freed After More Than 2 Decades in Prison

Ranta

New York (CNN) — A New York man has been freed after serving more than two decades in prison for the killing of a rabbi during a botched diamond heist, with a judge calling his conviction a miscarriage of justice.

Interestingly, the police are “standing by” the arrest, and deny any claims that there was any “witness coaching.”

Read the full story here.

California Innocence Project Succeeds in Freeing Daniel Larsen After a Decade

DLarsen

Daniel Larson spent 13 years in prison for a crime he did not commit.  He was a victim of California’s “three strikes” law, and was sentenced to 27 years to life.

A federal judge has declared him “actually innocent”, and he is free on bail while the prosecutor’s appeal in underway.

Read the full story here.

Trial of Man Accused of Killing Christine Morton Begins, After Husband’s Exoneration

The Houston Chronicle reported yesterday (here) that in opening statements in the trial of Mark Alan Norwood, on trial for the 1986 bludgeoning death of Christine Morton, prosecutor Lisa Tanner told jurors that the state will present new evidence connecting Norwood to the crime. Tanner, representing the Texas Attorney General’s Office, said that a .45 Colt pistol that was missing from the Morton home after the murder was located by prosecutors.  Norwood allegedly sold the gun, registered to Christine’s husband Michael Morton, to a man who had hired Norwood to work on a home remodeling project. Continue reading

Breaking: U.S. Magistrate Expected to Grant Release of Innocent Man Today

The Los Angeles Times editorial of August 24, 2012, (here) called Daniel Larsen a “victim of a continuing injustice.” According to The Daily Transcript (San Diego) report (here), “U.S. Magistrate Judge Suzanne H. Segal is expected to grant Larsen’s immediate release (from prison) at 2 p.m.” today. This will not fully end his injustice, but it will at least provide Larsen his freedom while the appeals process continues. Continue reading

Police, Prosecutors: Costs Are High When Misconduct Contributes to Wrongful Conviction

According to a report in the Coloradoan (here), on Saturday Lt. Jim Broderick, 56, resigned from the Fort Collins (Colorado) Police Services where he had worked for 33 years. His career had a dramatic reversal when he was indicted on charges of felony perjury in June 2010 in connection with the grand jury indictment and trial of Tim Masters. Masters, who was fifteen at the time of the 1987 murder of Peggy Hettrick, was convicted and spent ten years in prison before DNA testing of crime scene evidence prompted the vacation of his murder conviction. Broderick had been the investigator in the case. Continue reading

New Scholarship Spotlight: Destruction of Innocence: The Friedman Case: How Coerced Testimony & Confessions Harm Children, Families & Communities for Decades after the Wrongful Convictions Occur

Gavin DeBecker and Emily Horowitz have posted the above-titled article on SSRN.  Download full article here:  The abstract states:

Between 1984 and 1995, at least 72 individuals were convicted during the national hysteria of mass child molestation and satanic ritual abuse cases. Almost all thoseconvictions have since been overturned. This paper analyzes the present-day, on-going impact from wrongful convictions, focusing on the Friedman case, well-known as the subject of the landmark documentary film, Capturing the Friedmans. Though the US Appeals Court has ruled that Jesse Friedman was likely wrongfully convicted, the case has not yet been overturned. The impact on wrongly-imprisoned defendants is obvious, however the impact on hundreds of children has rarely been considered. Initially sure they were not sexually abused, and confident in their perceptions of reality, these children were dragged to a place of confusion, mistrust of adults, and uncertainty about themselves and the world. This paper provides new evidence and insight from extensive interviews with people police alleged were molested – and who now as adults confirm they were coerced into making false accusations. Also revealed are new witnesses who were present during alleged crimes against others, and now confirm there was no molestation. Child sexual abuse does happen, of course, and is a profound social issue; at the same time, false and hysteria-driven prosecutions robbed resources from cases of actual sex crimes, reduce the public’s faith in the legitimacy of such prosecutions, and interfered with the protection of children. The Friedman case provides a unique opportunity to heal a community still suffering from the wounds of false accusation, confusion, and deceit.

Multi-Million Dollar Wrongful Conviction Awards Should Be Taxpayers’ Call to Action

Last Friday a federal jury awarded $13.2 million in compensation to David Ayers, who served 13 years of a life-without-parole prison sentence for a murder that DNA eventually proved he didn’t commit. This should certainly get the attention of Cleveland and Ohio taxpayers if the horror of an innocent person languishing in prison while the true murderer escapes justice is not troubling enough. It should also motivate voters to signal zero tolerance for official misconduct (a recurring contributor to wrongful convictions) and to require implementation of known best practices in criminal justice procedure.

As reported earlier on this blog and (here), and (here), former Cuyahoga County Housing Authority police officer, David Ayers was convicted on December 11, 2000, of Continue reading

Would a universal DNA database aid the innocent?

While the U.S. Supreme Court debates whether police should have the right to take DNA samples from all people arrested for crimes, Eric Posner, a professor at the University of Chicago Law School, goes further. He says governments should take DNA from everyone as the best way to prevent wrongful convictions as well as to solve more crimes. You can read his Slate commentary here.

Justice System Should Heed Victim’s Views in False Accusation Case

The past five years have been an unthinkable nightmare for Johnathon Montgomery and his family. Montgomery was sentenced to 60 years in prison after a young woman in her late teens accused him of sexual assault, which she said occurred years earlier when Montgomery was 14 and she was 10 years old. Montgomery spent four years in a Virginia prison before the woman recanted and admitted the crime never happened.  False accusation and false witness are not new to those who have studied DNA-proven wrongful convictions, but how our system responds to one who recants such a damaging lie deserves thoughtful consideration. Continue reading