Australia is viewed by many as an idyllic continent, where people can feel safe, and the rule of law prevails. Yet despite being a first world nation, policing can often be outdated and primitive. The use of paid-informants, and the reliance upon supposed ‘jail-house’ confessions has been known to cause wrongful convictions for decades. Yet as recently as 2009, the police of New South Wales used a paid informant to secure a confession from a young vulnerable Sudanese refugee. This supposed confession was obtained while the young man believed the informant had been brought to him to offer support during questioning by the police.
Such tactics not only smack of the worst kind of trickery, they also provide the flimsiest of evidence upon which to base a prosecution. However, this is exactly what the prosecution in the murder case against JB – a Sudanese refugee aged 15 at the time – did. Not only did they rely upon this evidence, they then proceeded to cover it up. It was not disclosed at trial, nor at a subsequent appeal, that the man known as A107 was a police informant, who then avoided his own criminal charges after this assistance with the case against JB.
There is now – belatedly – an inquiry into the police – including the ‘editing’ of contemporaneous notes – and the prosecution (for non-disclosure). This comes 7 years after the jailing of an innocent teenager. The inquiry should be asking why the police, as recently as 2009, were using such methods to try and obtain confessions, and then conspiring to cover their methods up.
Read more here:
Probe launched into wrongful conviction of Sudanese refugee jailed over Edward Spowart murder
What if Jerry Sandusky didn’t do it? Hard to believe, right? The evidence against him seemed to be overwhelming. But was it really?
Author Mark Pendergrast argues that much of the sensational 2012 child-abuse case against the notorious former Penn State assistant football coach hinges on flawed repressed-memory theory. In a commentary for The Crime Report here
, Pendergrast says it is relatively easy to generate false memories of abuse and documents how that may have occurred in this case.
Johnson, Wheatt, Glover – this was the very first case I worked on with the Ohio Innocence Project eight and a half years ago. At the time, it was a GSR case (gunshot residue). The GSR evidence was always highly questionable, but it was a major factor in their conviction. As it turns out, not only was the GSR evidence bogus, but the case is also an example of egregious prosecutorial misconduct.
Please see the story by Maurice Possley on the National Registry of Exonerations website here.
I hope that by now, everybody knows that Debra Milke, previously convicted and inprisoned in Maricopa County, AZ, for contracting the murder of her young son, has been exonerated.
We’ve posted about the Debra Milke case on this blog several times previously. In chronological order – here, here, here, here, here, here, here, and here. (The red link is particularly germane to the subject of this post.)
Pursuant to her wrongful conviction, wrongful imprisonment (22 years on death row), and eventual exoneration, Debra filed suit with five claims against four defendants, including two former Phoenix police officers and the Maricopa County Attorney’s Office (Bill Montgomery), stating that that she was denied a fair trial and due process of law. The two police officers and the Maricopa County Attorney filed a motion with the court to dismiss the suit. Judge Roslyn O. Silver of the United States District Court for the District of Arizona has denied the motion to dismiss, and is allowing the suit to go forward.
See the story from azcentral here.
You can read the decision by Senior United States District Judge Roslyn O. Silver here: 97-OrderreMotionstoDismiss
Francisco Carrillo Jr. was exonerated after serving 20 years in prison for a homicide he did not commit. The case involved eyewitness testimony that resulted from unethical police influence on the witness. A re-enactment of the scene showed that it was highly unlikely that the eyewitnesses could have seen the shooting. Mr. Carrillo was awarded $10.1 million for the 20 years he served in prison. This compensation is the highest amount awarded in the State of California on a per year basis – – about $500,000 per year served in prison for a crime he did not commit. Link to LA Times article: http://www.latimes.com/local/lanow/la-me-ln-francisco-carrillo-settlement-20160719-snap-story.html
Posted in Compensation/Exoneree compensation, Exonerations, False confessions, Police conduct (good and bad), Prosecutorial conduct (good and bad), Uncategorized, wrongful conviction
Tagged compensation, exoneration, exoneree, exoneree compensation, false confession, new trial, police misconduct, prosecutorial misconduct, wrongful conviction, wrongful conviction compensation
“Complete and Utter Failure of the Criminal Justice System.” Michigan Radio
Davontae Sanford was 14 years old when he confessed to a quadruple murder after a police interrogation that lasted two days. His parents were not contacted. He attempted to recant, but was convicted and sent to prison. It didn’t help that he had a do-nothing, incompetent defense attorney. (In my experience, bad defense attorneys are responsible for as many wrongful convictions as anything else.)
Eight years ago the real killer not only confessed, and said Davontae had nothing to do with it, but he also led police to the gun that was confirmed to be the murder weapon.
Finally, after eight years, the state of Michigan has overturned his conviction, and he has been released from prison.
See the CNN story here.
What the hell happened (or didn’t happen) here?! We have yet to hear an explanation from the state of Michigan. I can only sit here slack-jawed, shaking my head in disbelief.
Furthermore, I’ll make a prediction. We’ll hear some kind of non-specific boilerplate excuses from authorities, but nothing substantive or fundamental will change in the system as a result of this. A few people may get a “wrist slap,” but then the whole thing will sink into the murky political-bureaucratic swamp and disappear.
Posted in Australia/New Zealand, Commissions/Innocence Commissions/Governmental Case Review Agencies, Conviction Integrity Units, Exonerations, False confessions, Police conduct (good and bad), Post-conviction relief, Reforming/Improving the system, Uncategorized, wrongful conviction
Tagged Conviction Integrity Unit, false confession, forensic science, police misconduct, wrongful conviction, wrongful conviction compensation
While writing the latest post about Jack McCullough‘s exoneration, and while reading Courtney Bisbee‘s latest filing with the US District Court for Arizona, I got to reflecting on my experiences with the justice system over the past eight years, and I thought I would share some of my (unvarnished) observations. Clearly, this will be very editorial. It will probably help to understand my comments to know that I am not an attorney. I am an engineer by training, and that’s what I did for my entire working career – until I started doing innocence work pro bono. So I see the justice system with the naivete’ of someone who is an “outsider” and is not a functionary of the system; but I do see the system as someone who has spent his entire life founded in objective truth and logic and fact. Again, this article will be editorial in nature, and represents my views and only my views. It will also be pretty bleak; however, I see no viable path to fixing the monster we’ve created over the course of multiple decades of politics and the frailties of human nature. This has been bottled up inside me for some time, and the cork has finally popped. And just for reference, my definition of the justice system includes the law, legislators, judges, prosecutors, defense attorneys, and the police.
Posted in Compensation/Exoneree compensation, Editorials/Opinion, Police conduct (good and bad), Reforming/Improving the system, Uncategorized, wrongful conviction
Tagged compensation legislation, Connecticut Innocence Project, exoneration, exoneree compensation, forensic science, Gideon v. Wainwright, Police Accountability, police misconduct
Posted in Capital punishment, Commissions/Innocence Commissions/Governmental Case Review Agencies, Compensation/Exoneree compensation, Conviction Integrity Units, False confessions, Police conduct (good and bad), Uncategorized, wrongful conviction
Tagged compensation, false confession, police misconduct, wrongful conviction
Posted in Asia, New Evidence, Police conduct (good and bad), Post-conviction relief, Prosecutorial conduct (good and bad), Reforming/Improving the system, Uncategorized, wrongful conviction, Wrongfully Convicted Women
Tagged DNA, DNA testing, forensic science, miscarriage of justice, police misconduct, prosecutorial misconduct, wrongful conviction
Gary Stuart, author and Professor of Law at Arizona State University, has just published a book about the Debra Milke case. See our previous post here: https://wrongfulconvictionsblog.org/2015/04/10/interview-with-debra-milkes-attorney/
“Anatomy of a Confession is the story of the 1990 murder trial of Debra Milke. Two men—Debra’s boyfriend at the time and a friend of his—murdered Debra’s four year-old son in the Arizona desert. One of them implicated the boy’s mother. Even before Debra was questioned, the police hung a guilty tag on her. Debra Milke spent twenty-three years on death row for the murder of her four year-old son based solely on a confession she never gave. This is also the story of Detective Armando Saldate, his history of extracting forced confessions, and the role the Phoenix Police Department played in the cover-up and misconduct in its handling of the Milke investigation. Anatomy of a Confession is a vivid and shocking reminder of what America’s vaunted presumption of innocence is all about.”
It’s available on Amazon here.
Want to get angry? Just read this article by Lorenzo Johnson, who was found innocent and released from prison after 16 years, and then put back in. He’s still there.
Lorenzo Johnson Article
Posted in Asia, Compensation/Exoneree compensation, Police conduct (good and bad), Uncategorized, wrongful conviction
Tagged Arson, compensation, exoneree compensation, false confession, forensic science, miscarriage of justice, wrongful conviction
Posted in Commissions/Innocence Commissions/Governmental Case Review Agencies, Compensation/Exoneree compensation, False confessions, New Evidence, Police conduct (good and bad), Uncategorized
Tagged compensation, exoneree, exoneree compensation, false confession, miscarriage of justice, new evidence, new trial, police misconduct, wrongful conviction, wrongful conviction compensation
We’ve previously posted about the Melissa Calusinski case in Lake County, IL here. It would seem to clearly be a case of a coerced false confession, combined with bad medical “science.”
Lake County State’s Attorney, Michael Nerheim, has already declined to have his so-called “conviction integrity unit” review the case.
Now, despite the fact that the Lake County Coroner officially changed the cause of death from homicide to undetermined, and despite the fact that newly discovered X-ray evidence shows that the child had experienced previous head trauma, the prosecution is opposing a request for new trial by Calusinski’s attorney.
Why are we not surprised? See the Lake County Daily Herald story here.