Category Archives: Exonerations

Thursday’s Quick Clicks…

Appeal victory for Sam Hallam in England

The appalling miscarriage of justice that has seen Sam Hallam behind bars for involvement in a murder for the last 7 years, looks set to be overturned tomorrow. Sam’s case (see his campaign website here…. – a great campaign website) has been at the appeal courts in London for 2 days, and, to uproar in the Court of Appeal, the prosecution have just announced that they are not going to contest the appeal. Sam is to be released on bail, and his appeal hearing outcome announced tomorrow (16th May 2012). This is a good day for justice for Sam Hallam, his family, supporters, and legal team. However, what is required of course, is scrutiny of what went wrong in this case (police not investigating properly, flawed witness testimony, for starters) and lessons to be learnt so it cannot happen again. Sadly, we may be waiting a lot longer for that to happen.

Here is some great footage of Sam coming out of the Court of Appeal, to be covered in champagne by his two brothers! There are already calls for the pathetic police investigation into this case to be re-opened and for questions to be answered about why this terrible injustice occurred.

Wrongful Conviction Reminiscences of an Australian High Court Judge

I blogged recently about the awesome role Judges play in the dispensation of justice. Retired Australian High Court Judge Michael Kirby has just reiterated and properly contextualised it, with respect to wrongful convictions.  Drawing on his experiences in the bench, particularly with the wrongful conviction of Andrew Mallard. He addressed these issues along with others germane to the fair dispensation of justice. The occasion was about his experiences at the bench between 1996 to 2009 at Melbourne RMIT university. Read 9news reportage of his lecture here

He touched on the quality of legal training; the public perception of the apolitical nature of judges; the divide between conservative and liberal judges. And of course,  hinted of his ‘regrets’ on the Andrew Mallard case. He said ‘Maybe if I’d paid a little more attention, may be if I’d seen some of these arguments (sooner)…. he wouldn’t have had to spend a decade in prison; its something that troubles the mind’.  However hard we deny it, pretend it doesn’t exist or the system can not possibly have leakages, there still remain the real possibility of it happening, no matter the jurisdiction. We must continue to work at it with an open mind. We must come to terms with it. I commend Justice Michael Kirby’s ‘statement of regret’ a fortiori to prosecutors, police officers and lawyers generally.

Tuesday’s Quick Clicks…

  • Prosecutors near Chicago agree to drop all charges against Bennie Starks; Starks was released several years ago after DNA test results pointed to his innocence, but the threat of re-trial has loomed until now
  • News from the Northern California Innocence Project, including the opportunity to sign a petition urging California AG to adopt an eyewitness identification model policy

Wednesday’s Quick Clicks…

Implicated by DNA, Exonerated by DNA – The Ashikaga Case

I once had a conversation with a retired judge in Japan. He said that although there seems to be a strong belief that the DNA testing is a new golden solution, he thinks we still need to be careful. He suggested that the fact that there was a “match” of DNA evidence found at the crime scene (or from the body of the victim etc.) alone should be used to exonerate someone, but not to implicate someone.

Yes, there is always a possibility that the state-of-the-art DNA testing result is faulty: there might have been a contamination of the materials or the testing might not have been conducted properly, and there have definitely been mistakes made in the past that were revealed later.

Indeed, there is a very well known case in Japan (Ashikaga Case)  where a man was implicated by faulty DNA evidence and later exonerated by more sophisticated DNA evidence.

In May of 1990, the body of a 4-year-old girl was found dead near the Watarase River in Ashikaga City. The clothing of the victim was found from the river. The clothing had the perpetrator’s semen on.

Many became suspects until in November 1990 the police began to suspect Toshikazu Sugaya, who was a school bus driver. Continue reading

Wrongful Conviction Also Victimizes Victims

Convicted murderer Charles Wilhite has an unusual advocate: the niece of murder victim, Alberto Rodriguez. Marialyn—who requested that the Boston Globe not reveal her last name due to safety concerns—rallied in support of Wilhite on Saturday, May 5, 2012, in Springfield, Massachusetts, because she believes Wilhite was wrongfully convicted of killing her uncle.

As reported here, a key witness in the trial now claims that a Springfield detective and the assistant district attorney pressured his testimony. The witness has recanted his identification of Wilhite as the killer. A decision on whether or not his original testimony will stand is expected today from Hampden Superior Court Judge Peter A. Velis. Continue reading

The Robert Dewey Exoneration and Praise for the Colorado Attorney General’s Office…

Colorado’s wrongful conviction of Robert Dewey holds lessons

By Jason Kreag of the Innocence Project:

NEW YORK  —  During the nearly 18 years he was incarcerated for a rape and murder that DNA evidence finally proved he didn’t commit, Robert Dewey coped by imagining that he was riding a motorcycle. In his own words, “I’d hop on and ride in my mind.”

Eighteen years is a long time to fantasize about being on a bike, but it would have likely been an even longer ride had the Colorado state attorney general’s office and the Mesa County district attorney’s office not been willing to work with the Innocence Project and Dewey’s long-time counsel, Danyel Joffe, to reopen its investigation of the crime.

Dewey became a suspect in the 1994 rape and murder largely because the police found his actions suspicious. Although DNA testing done at the time excluded Dewey as the source of semen at the crime scene, pretrial DNA testing of his shirt seemed to indicate the presence of the victim’s blood on it. Even this evidence was not particularly strong; the analyst testified at trial that the blood on Dewey’s shirt was consistent with approximately 45 percent of the population. That was good enough for the jurors, who convicted Dewey despite any other substantial evidence of guilt.

We now know the system got it wrong. Robert Dewey is innocent. Unlike many of our clients, he was fortunate to have been assigned counsel to help with his post-conviction appeals. In 2007, the Innocence Project teamed up with Joffe and Continue reading

Friday’s Quick Clicks…

  • Robert Dewey’s DNA exoneration early this week would never have happened if not for lucky preservation of the evidence; more on Dewey exoneration here
  • More on the Ohio Innocence Project’s attempts to exonerate Dewey Jones via DNA and other new evidence
  • Protests in Toledo, Ohio interrupt Prosecutor’s lunch; protestors want prosecutor to agree to release DNA for testing in Danny Brown’s case so that Danny, already exonerated, can confirm his innocence to a sufficient level for state compensation
  • Prosecutor in suburban Cincinnati faces criminal charges for intentionally altering an indictment in a case (adding gun specs)
  • Maryland Supreme Court’s decision that collecting DNA profiles from arrestees is unconstitutional may get appealed to SCOTUS
  • Canadian exoneree Romeo Phillion files $14 million lawsuit for wrongful conviction
  • New book focuses on risks of bringing back death penalty in UK
  • Update on the efforts by the Innocence Project to free Booker Diggins in New Orleans

Unusual DNA Exonerations of Alleged “Female Rapists” in Zimbabwe Charged with Robbing Men of Semen at Gunpoint…

From news source:

Three women, who early this year made headlines after being accused of sexually attacking male hitchhikers in search of semen, yesterday escaped life imprisonment after forensic DNA results exonerated them from the offences.
The women — Sophie (26) and Netsai (24) Nhokwara and Rosemary Chakwizira (28) — and their male co-accused Thulani Ngwenya (24) were being charged with contravening Section 66 (1) (b) of the Criminal Law (Codification and Reform) Act, for which if one is convicted would attract the same sentence as in rape cases.Charges against the quartet were withdrawn by prosecutor Tapiwa Kasema after the State cited lack of evidence.

Asked by regional magistrate Fadzai Mthombeni why the State had decided to withdraw the charges, Kasema said:

“Considering the correspondence from the Attorney-General’s (AG) Office dated April 20 2012, the results from South Africa exonerated the accused from the case of aggravated indecent assault.”

However, Kasema told the court that the AG’s Office had instead decided to prefer soliciting charges against Netsai and Rosemary.

The two will be charged with contravening Section 81(2) of the Criminal Law (Codification and Reform) Act.

The two were remanded to May 10 and 16 respectively in different courts.

Netsai will be tried in Court 11 while Rosemary would stand trial in Court 5.

Kasema advised the court that Netsai and Rosemary would be served with necessary court papers to enable them to prepare their defence.
All the accused were accompanied by their lawyer Arnold Taruvinga.

Allegations were that the three women were suspected to be part of a syndicate of female “rapists” terrorising male hitchhikers along the country’s main highways and “raping” them at gunpoint.

They were arrested at an accident scene on October 8 last year when they had allegedly gone to the spot to collect their “valuable loot”.

Thursday’s Quick Clicks…

AG of Virginia Joins with U. of Virginia Innocence Clinic in Asking for Exoneration…

Virginia AG Ken Cuccinelli

From the Associated Press:

RICHMOND (AP) — Attorney General Ken Cuccinelli is asking the Virginia Supreme Court to exonerate a James City County man wrongfully convicted of rape in 1978.

The Richmond Times-Dispatch reports that Cuccinelli asked the court on Tuesday to expedite a writ of actual innocence for 56-year-old Bennett S. Barbour.

Barbour’s lawyers with the University of Virginia School of Law’s Innocence Project Clinic requested the writ in March.

Barbour was convicted of raping a College of William and Mary student in Williamsburg. DNA tests conducted in 2010 on material from the case didn’t find Barbor’s DNA. The tests identified the DNA of another man, James Moses Glass Jr.

Glass is scheduled to stand trial Aug. 22.

More here

Tuesday’s Quick Clicks…

  • A blogger writes about the impact that recent the Innocence Project of Florida annual gala had on him
  • Yesterday at Robert Dewey DNA exoneration in Colorado, it is revealed that the prosecutors have identified and issued a warrant for a new suspect; prosecutor apologizes to Dewey; more on the good prosecutor here
  • Story on the double DNA exoneration yesterday in Dallas
  • A blogger wonders whether those who still believe Amanda Knox “done it” are biased because of anti-American sentiment
  • A glowing review of exoneree Gloria Killian’s new book about her ordeal
  • The Croation 6:  New evidence supports innocence of six men in Croatia
  • Murder convict in the UK, Luke Mitchell, who has long declared his innocence causes a stir by passing polygraph administered by one the leading technicians in the UK 

The Texas Exoneree Project…

From CBS (watch accompanying video of story here):

It is an all-too-familiar story in this country: in Dallas, two men who spent more than a quarter of a century in prison for a rape they didn’t commit were formally exonerated Monday after DNA testing implicated two other men.

With James Curtis Williams and Raymond Jackson, Dallas County has now cleared 32 convicts in the past decade.

CBS News correspondent Mark Strassman reports this is such a common occurrence, the wrongly convicted in Texas have joined forces to help one another.

At one parade in Lancaster, Texas, six convicted felons were hailed as heroes. All had spent years behind bars for crimes they did not commit.

“We’re just blessed to have this opportunity here riding around and enjoying our freedom again,” said Christopher Scott.

Scott was arrested in 1997 for murdering a man in his neighborhood. A witness identified him as the gunman, but Scott insisted he was innocent. He said he knew he was in trouble “when they found me guilty.”

He was sentenced to 40 years in prison.

“I thought everyone who went to prison was guilty, and when you see the tables Continue reading

Is it ever Possible to Undo the Damage Wrought by Wrongful Conviction?

Would you prefer to be declared ‘not guilty’ rather than being ‘factually innocent’? Before you rush to judgement, there is a marked difference between both terms beyond semantics. Assistant Professor Christopher Sherrin of the University of Western Ontario, Canada successfully engaged with the differences and nuances of both terms in his article entitled – ‘Undoing the damage of wrongful convictions’. In Canada, it appears the best an erroneously accused person can hope for is an acquittal.

He opines that: ‘The primary concern has been that by declaring some people more than not guilty, we would diminish the verdicts given to the remaining acquitted. Not guilty for them would come to mean just not proven to be guilty, and thus probably guilty’. He however concludes that: ‘The real debate should focus not on whether we should declare innocence, but on how we should most wisely do so, in order to offer all innocent accused a fair chance at leaving their erroneous prosecution truly in the past’. Read fuller analysis herehttp://canadian-lawyers.ca/Understand-Your-Legal-Issue/Criminal-Law/Undoing-the-Damage-of-Wrongful-Convictions.html

Exoneree Ted Bradford Speaks about False Confessions

Exoneree Ted Bradford from Washington State  spoke about his experience on false confessions last Friday at the Annual Conference for Washington Defender Association.

On September 29, 1995, a woman was raped in her home in Yakima, Washington.  Six months later, on April 1, 1996, Bradford was arrested on an unrelated charge.

The detectives interrogated Bradford for over eight hours and obtained his confession to the crime. Only the last 38 minutes of the interrogation was recorded, after Bradford had finally confessed to the crime he did not commit.

I don’t know why I confessed”, Bradford said, “I just wanted to be out of that situation. I wish I could take my confession back, but I can’t. Continue reading

Innovative Colorado DNA Initiatives Pay Off

On October 1, 2009, Colorado Attorney General John W. Suthers, announced that the state had received a $1.2 million federal grant to start a program that would seek to identify wrongful convictions through DNA testing. Today, April 30, 2012, Robert Dewey, 51, is expected to be the first person to be exonerated through the testing. He has served more than 16 years for a crime he said he never committed. A Colorado imprisoned felon is a new suspect in the case. Read about this case, reported earlier on this blog by Mark Godsey with news link here, and also here.

This exoneration is just one of the beneficial results of the Colorado Justice Review Project. Working with the Denver District Attorney’s Office, the University of Denver College of Law, the Colorado Bureau of Investigation and the Colorado Public Defender’s Office, the federally funded project has enabled review of more than 5,000 past rapes, Continue reading

3 Exonerations Coming Today in 2 States…

DNA exoneration in Colorado today, details here….

Double DNA exoneration in Dallas, details here….

A great way to start off the week….

Sunday’s Quick Clicks…

  • In Dekalb County, Georgia, 2 men proven innocent of murder, and others charged instead, but police have yet to completely clear and remove the cloud hanging over the innocent men
  • Documentary film Mississippi Innocence, co-produced by Mississippi  Innocence Project Director Tucker Carrington, to air this week
  • Number of rape cases with DNA where the DNA has not yet been tested “a national problem”
  • Arkansas death row inmate given new hearing after Medill Innocence Project demonstrates that DNA testing used to convict him may have been flawed
  • Mom’s faith outlasts her son’s wrongful conviction
  • North Carolina exoneree Robert Wilcoxson receives more than $500,000 in compensation for his 11 years of wrongful conviction
  • Bill introduced in Louisiana would speed up compensation payments to exonerees; in the past, many exonerees have had to wait for years for their compensation to come through

DC Man’s Murder Conviction Overturned Yesterday by DNA Test Results, Yet Prosecutors Stop Short of Declaring Him Innocent…

From the Washington Post:

Federal prosecutors on Friday acknowledged errors in the scientific evidence that helped send a Washington man to prison for 28 years for murder and took the extraordinary step of agreeing to have his conviction overturned.

U.S. Attorney Ronald C. Machen Jr. cited DNA evidence in also agreeing to drop the murder charge against Santae A. Tribble and never try him again. But even as the prosecutor said the evidence that convicted Tribble was flawed, Machen stopped short of declaring him innocent.

Tribble, 51, was found guilty of murdering a District taxi driver in an early morning robbery on July 26, 1978. His case was featured in articles last week in which The Washington Post reported that Justice Department officials have known for years that flawed forensic work might have led to convictions of potentially innocent people.

In Tribble’s case, prosecutors and the FBI laboratory were incorrect in linking a hair found near the murder scene to Tribble, according to recent DNA test results.

As the U.S. attorney’s office filed court papers late Friday, three former senior Continue reading