Category Archives: Exoneree compensation

Saturday’s Quick Clicks…

Friday’s Quick Clicks…

  • Canadian exoneration yesterday in arson case
  • Mid-Atlantic Innocence Project has an opening for a staff attorney
  • Video of Rock Center show Wednesday night in U.S. on unreliability of eyewitness identification (written recap of show here)
  • Activists in UK upset that no prosecutors or police officers will be disciplined over a miscarriage of justice in which environmental protestors were wrongly convicted of plotting to break into a power station
  • Virginia Governor Bob McDonnell yesterday signed SB41, which will provide Thomas Haynesworth $1,075,178. From 1984 to 2011, Haynesworth was incarcerated after being wrongly convicted of raping or sexually assaulting three women in the Richmond area. He was sentenced to 70 years, of which he served 27 before the Virginia Court of Appeals exonerated him in December 2011. Details here and here

Miscarriage of Justice: What does it really mean?

The term miscarriage of justice is frequently and notoriously invoked, but very little has been done by way of decisions clarifying the term. The United Kingdom Supreme Court appears to have come to a settled definition of the term; at least in connection with post-conviction claims of innocence, and thence, for compensation thereof. Readhttp://www.guardian.co.uk/law/2011/may/11/barry-george-compensated-supreme-court?INTCMP=ILCNETTXT3487

In a judgement given on the 11th of May, 2011 the UK Supreme Court formulated the test in determining whether a miscarriage of justice has occured. The court said that there would be a miscarriage of justice - ‘When a new or newly discovered fact shows conclusively that the evidence against a defendant has been so undermined that no conviction could possibly be based upon it’. Read full judgement herehttp://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2010_0012_Judgment.pdf . It is however going to be very difficult (but the decision can be distinguished) to apply this in every concieveable situation and circumstance, except to say that the decision should serve as a starting point when attempting to apply it beyong innocence cases. It should be noted that the decisions itself was arrived at by a very narrow majority, leaving the Supreme Court in a position to ’possibly’ reverse itself someday. The decision left some of the appellants in this case still clearly dissatisfied. Barry George for instance.

Saturday’s Quick Clicks…

Thursday’s Quick Clicks…

Tuesday’s Quick Clicks…

U.S. News Programs Explore Systemic Wrongful Conviction Issues

Millions of Americans had their eyes opened to two important criminal justice issues—prosecutorial misconduct and wrongful conviction compensation—as national television news programs explored topics related to wrongful conviction last night, Sunday, March 25, 2012. Ohio Innocence Project Director Mark Godsey previously announced these programs on this blog. If you missed them, see the video link here to the 14-minute segment of CBS’s 60 MINUTES with Michael Morton, who spent 25 years in prison before DNA proved he didn’t murder his wife. The piece explores the case that has prompted a rare judicial inquiry into allegations of prosecutorial Continue reading

17 Years Wrongfully Imprisoned - No Compensation

Here’s a link to an article about exoneree Alan Northrop, who received no compensation for his 17 years of wrongful imprisonment in Washington state.

http://www.cnn.com/2012/03/25/justice/wrongful-conviction-payments/index.html?hpt=hp_c1

Ohio Attorney General DeWine Against Proposal to Restrict Compensation to Wrongfully Convicted

A provision to deny compensation to a wrongfully convicted person if he or she had a previous felony or violent misdemeanor record does not have the support of Ohio Attorney General Mike DeWine. In fact, his office will advocate against it. The measure was submitted by his staff but he did not see or approve the restriction. In a Columbus Dispatch article here, DeWine said, “This doesn’t make sense to me.”

Governor Kasich’s spokesman said that the governor’s office would not oppose removal of the proposal from the massive budget bill.

Thanks to Attorney General Mike DeWine and Ohio Governor John Kasich for their positions on the removal of this provision, and to Ohio Innocence Director Mark Godsey for speaking out forcefully against it, noting the difficulty exonerees often have in getting compensation for years spent in prison for crimes they did not commit, “It’s too difficult as it is, ” Godsey said. “There’s only a few that have been able to do it.”

Non-DNA Exonerees Struggle to Obtain Compensation…

Here’s an article about Billy Frederick Allen of Texas, who had his conviction overturned in 2009 on non-DNA grounds after serving more than 25 years in prison for a murder conviction that most believe he did not commit.

Although the appeals court declared the evidence against Allen too weak for any reasonable juror to convict him, Texas officials say he has not proven his innocence. Therefore, they say, he isn’t covered by a state law that generously compensates the wrongfully convicted for the years they spent behind bars.

The Innocence Project of Texas says he’s just as innocent as any of their clients who have been proven innocent by DNA testing. But because Billy doesn’t have that ironclad proof of DNA, he has been denied compensation under the state Continue reading

Lawsuits continue in wake of infamous “Beatrice Six” wrongful convictions

Sometimes an outrageous injustice prompts legislative steps toward reform. In the U.S., the state of Nebraska’s first DNA exoneration was the infamous case of the so-called “Beatrice Six.” Five falsely confessed (in exchange for lighter sentences) to the brutal 1985 rape-murder of 68-year-old Helen Wilson in Beatrice, NE. The sixth, Joseph White, insisted he was innocent, was convicted, and sentenced to life. After losing on appeal, he battled the state for years for the right to test the crime scene DNA. When finally tested in 2008, it excluded all six and linked to the true perpetrator.

Nebraska Attorney General Jon Bruning proclaimed the Beatrice Six “100 percent innocent.” They had served more than 76 years in prison. Publicity about Continue reading

Friday’s Quick Clicks…

Will Florida governor seek review of cases involving discredited witness?

Governor Rick Scott has formally apologized “on behalf of the state of Florida” for the 27 years William Dillon spent in prison for a crime he did not commit. He has also signed a claims bill of $1.35 million. It took another three years of Dillon’s life to navigate the process of getting compensation from the state. But Dillon remains unsettled over the thought of others wrongfully convicted by the now deceased John Preston, Brevard County authorities’ go-to witness whose German shepherd had quite a nose. Preston claimed he could pick up a scent in the middle of a lake Continue reading

Exoneree Turned Attorney Christopher Ochoa Testifies In Favor of Exoneree Compensation in Wisconsin…

From Channel3000.com:

MADISON, Wis. - Those who are wrongfully convicted of crimes in Wisconsin could receive greater compensation under a bipartisan bill that was before the Assembly Judiciary and Ethics Committee on Thursday.

Currently, innocent people who are wrongfully convicted can get $5,000 for each year they were imprisoned with an aggregate cap of $25,000.

Attorney Christopher Ochoa testified at the public Continue reading

Today Virginia General Assembly Votes to Provide Compensation to Exoneree Haynesworth

It’s been a good week for Shawn Armbrust and the Mid-Atlantic Innocence Project. After winning the Michael Hash case in federal habeas, they had a victory today in the General Assembly, which voted to give exoneree Thomas Haynesworth $800,000 in compensation for the 27 years he spent in prison for a rape he didn’t commit. Congrats to Thomas, Shawn and all involved!

Sunday’s Quick Clicks…

Friday’s Quick Clicks…

Tuesday’s Quick Clicks…

Monday’s Quick Clicks…

After a wrongful conviction, shouldn’t there be a reinvestigation?

“As far as we know, not a single effort has been made to apprehend the actual perpetrators of that homicide. Including an admitted confession from a perpetrator, who after having been named as a perpetrator in this offense – law enforcement made no effort to apprehend him – he went ahead and killed another person. He is currently incarcerated in Nevada for having shot and killed a taxi driver there. I don’t understand law enforcement’s abdication of their responsibility here.” Linda Starr, Legal Director of the Northern California Innocence Project (NCIP) was referencing the case of Maurice Caldwell in an interview with Rina Palta of NPR’s KALW local public radio in San Francisco.

In about 45 percent of DNA-proven wrongful convictions, the real perpetrator is also identified. But, what about cases in which the DNA excludes the wrongfully convicted but does not find a match in state or national criminal DNA databases? Or what about cases such as that of Maurice Caldwell, who spent 20 years in prison before Superior Court Judge Charles Haines, ruling that Caldwell had been represented by ineffective counsel, ordered a new trial. His attorney has since been disbarred for his conduct in other cases.

Caldwell, who steadfastly maintained his innocence, was convicted of murder on the testimony of a sole witness, now deceased. The identification procedure was Continue reading