This absolutely turns my stomach. This insanity has to stop.
See the story from HuffPost here.
This absolutely turns my stomach. This insanity has to stop.
See the story from HuffPost here.
The National Registry of Exoneration has reported 139 exonerations — cases in which convictions were officially vacated as a result of new evidence of innocence — in 2017. A significant finding in the Annual Report (here) is that in 84 of these cases, misconduct by police, prosecutors, or other government officials factored in the wrongful conviction, an all-time record for official misconduct as a contributor to wrongful convictions later vacated through exoneration. But there was also encouraging evidence of increasing activism in achieving exonerations by prosecutorial offices through the work of Conviction Integrity Units (CIUs).
The annual report provides a detailed analysis of exonerations in 2017. Perjury or false accusation factored in a record 87 cases, 62 percent. Another record 29 or 20 percent of exonerations involved a false confession. And mistaken eyewitness identification impacted a record 37 cases, 26 percent.
Fifty-one defendants were exonerated of homicide, twenty-nine of sex crimes, eighteen of other violent crimes, forty-one of non-violent crimes such as fraud, Continue reading
Anyone interested in criminal justice knows that our system is broken. Two recent cases out of Louisiana highlight just how broken our system really is.
The first case is about a now-senior citizen named Wilbert Jones, who was released last week from prison after serving 45 years for a rape he didn’t commit. Presidents Nixon, Ford, Carter, Reagan, Bush, Clinton (twice), Bush (twice), Obama (twice) came and went, while this innocent man languished in prison waiting for a miracle to occur.
Mr. Jones was a poor, black teenager in 1972 when he was arrested. He was convicted of abducting a white nurse from a hospital parking lot and raping her, and was sentenced to life without parole. The case against him was weak, resting solely on the nurse’s questionable identification of Mr. Jones made nearly three long months after the rape had occurred.
The prosecutor involved in the case appears to have withheld crucial evidence from the defense, including the identity of another man, accused of a rape in a difference case who better matched the nurse’s description of the suspect. This apparently was not uncommon: the prosecutor in Mr. Jones’ case had a reputation of routinely violating his constitutional obligations to turn over exculpatory evidence to the defense.
It took the Innocence Project New Orleans nearly 15 years to gain Mr. Jones’ freedom. And here’s the kicker. Even though the prosecution has said they will not seek to re-try Mr. Jones, they nonetheless requested that bail be set at $2,000. Even more outrageously, the judge granted the bail motion. Let me repeat: a judge set bail for a 65-year-old man who spent 45 years in prison for a crime he did not commit in a case where the prosecution is not planning to re-try him.
Keeping with the theme of outrageous, last week Kevin Smith was released from a New Orleans jail, after serving nearly eight years without ever having been convicted of a crime. In 2010, Mr. Smith was arrested for a non-violent drug offense and placed in the county jail, where he sat, and sat, and sat some more, awaiting his day in court. His case was delayed because of a hurricane, because of a competency hearing, because of motions and who-knows-what else as lawyers for both sides hemmed and hawed about moving forward with the case. In the meantime, Mr. Smith rejected a plea offer of 10 years, which would have ended his sentence in 2015, and finally filed his own motion to be released, arguing that his constitutional right to a speedy trial had been violated. After his lawyers joined his motion, a judge set Mr. Smith free. He earned the dubious honor of having spent the most time in pre-trial detention for a non-violent offense.
Louisiana has the highest rate of incarceration in the country. It is rife with allegations of corruption and misconduct. It disparately impacts poor people of color. The system is simply not working, and it is time for places like Louisiana to do something about it.
Mr. Jones and Mr. Smith are owed far more than an apology by Louisiana. In the meantime, a mea culpa by the State would be a good start.
This piece also appeared in the Huffington Post.
Two very interesting reports have been published in the UK, both detailing the continuing crisis in disclosure, which is key to a just criminal process and crucial in ensuring a fair trial and preventing miscarriages of justice. Yet numerous reports and reviews always find disclosure to be a serious problem among the police and prosecuting authorities (the Crown Prosecution Service (CPS) in England and Wales).
Firstly, in a joint report by Her Majesty’s Inspectorate of Constabulary (a national oversight body for the police) and Her Majesty’s Crown Prosecution Service Inspectorate (providing oversight of the CPS), the findings are yet again damning:
“The inspection found that police scheduling (the process of recording details of both sensitive and non-sensitive material) is routinely poor, while revelation by the police to the prosecutor of material that may undermine the prosecution case or assist the defence case is rare. Prosecutors fail to challenge poor quality schedules and in turn provide little or no input to the police. Neither party is managing sensitive material effectively and prosecutors are failing to manage ongoing disclosure. To compound matters, the auditing process surrounding disclosure decision-making falls far below any acceptable standard of performance. The failure to grip disclosure issues early often leads to chaotic scenes later outside the courtroom, where last minute and often unauthorised disclosure between counsel, unnecessary adjournments and – ultimately – discontinued cases, are common occurrences. This is likely to reflect badly on the criminal justice system in the eyes of victims and witnesses.”
As well as a series of pragmatic recommendations, the report authors refer to a needed change in ‘culture’: “However, just as importantly as responding to each issue, is a need for a change in attitude to ensure that disclosure is recognised as a crucial part of the criminal justice process and that it must be carried out to the appropriate standards.”
The Criminal Cases Review Commission reported in their 2015/2016 Annual Report that they have seen a “steady stream” of miscarriages where the primary cause was a failure to disclose exculpatory evidence to the defence. The inspection concentrated upon ‘volume’ crime – as the focus on serious crime means that those cases considered less serious are often given a low priority – yet individuals are routinely remanded in custody, convicted and imprisoned wrongly on ‘minor’ charges. Read the Inspectorate report here: MAKING IT FAIR: A JOINT INSPECTION OF THE DISCLOSURE OF UNUSED MATERIAL IN VOLUME CROWN COURT CASES, JULY 2017.
Secondly, the case of the Cardiff Three – one of the most notorious miscarriages of justice in British history, led to the trial of 8 police officers for their role in the arrest and prosecution of five men (three were convicted). However, the case collapsed after crucial evidence went ‘missing’. An inquiry into the collapsed trial has now reported after 2 years, and concluded that the collapse (the missing evidence subsequently surfaced after the police staff were formally acquitted) was due to ‘human error’ and not ‘wickedness’. The report makes 17 recommendations for the disclosure process – the author stating: “Disclosure problems have blighted our criminal justice system for too long and although disclosure guidelines, manuals and policy documents are necessary, it is the mindset and experience of those who do disclosure work that is paramount.”
Read the full report here: Mouncher investigation report, July 2017
Media reports here: Trial of Cardiff Three police collapsed due to human error, inquiry finds
Today, prosecutors in Cuyahoga County (Cleveland) vacated the conviction of long-time Ohio Innocence Project client Evin King. King was convicted in 1995 of murdering his girlfriend despite no direct evidence of guilt (eyewitness or forensic). He always maintained his innocence, from arrest and trial and then throughout his 23 years of incarceration.
When he is released, which will hopefully be later this week, King will be the 25th person the OIP has freed on grounds of innocence since its founding in 2003. Together the 25 innocent Ohioans spent more than 470 years in prison for crimes they didn’t commit.
Prior to having his conviction overturned and being exonerated, this case was touted as the “oldest cold case ever solved.”
It will be interesting to see where this suit goes, since prosecutors are supposed to have absolute immunity to civil suit for actions taken while pursuing their duties as prosecutor. They can, however, be held responsible for criminal actions.
See the CNN story here.
Arizona’s justice system is truly something to behold. After all, it’s the home of Sheriff Joe Arpaio. And get this – Arizona’s Attorney General and Maricopa County’s Attorney have publicly stated that there are “no” wrongful convictions and “no” Brady violations in Arizona. Really?! Arizon Bradypdf
But here’s one for the books. Arizona actually has a law that says anyone who knowingly and intentionally touches a child’s genitals is guilty of child molestation – without a requirement of sexual intent. So anyone who changes a child’s diaper or bathes a child can be charged with child molestation. All it takes is a vindictive spouse or partner, or even just a casual witness (eg: changing a baby’s diaper in a public restroom) to make a charge. And as you certainly would guess, numerous innocent parents and caregivers have been ensnared by this law.
When the Arizona legislature wrote and passed the law, they specifically removed the requirement for sexual intent. The governor signed it, and the Arizona Supreme Court upheld it.
Recently Federal District Judge Neil V. Wake, in a testy opinion, ruled the law unconstitutional. See that ruling here. Thank goodness sanity has prevailed. Hopefully this will eventually lead to relief for all those wrongfully imprisoned by this bogus statute.
Last week Judge Wake also overturned the conviction of Stephen May, a school teacher and swim instructor, who was convicted largely based upon this law’s definition of child molestation. See the article by Jacob Sullum on Reason.com here.
See the story by Mark Joseph Stern writing for Slate here.
The newly anointed US Attorney General, Jeff Sessions, in his first major address has proclaimed a policy of “tough on crime” – particularly violent crime.
Here we go again – the “war on drugs” redux. How many prosecutors have been elected running on a “tough on crime” platform? I would say most, if not all.
So how do prosecutors “deliver” on their campaign promise of “tough on crime?” They arrest a lot of people, obtain a lot of indictments, secure a lot of convictions, and send a lot of people to prison. The only problem? A lot of these people may be actually innocent. But they’ve been scooped up into the frenzy of proving that law enforcement is “tough on crime.” People get convicted through intimidating and coercive plea bargains, phony evidence and false testimony, bad forensics, and police and prosecutor misconduct.
Criminal prosecution MUST rest upon the foundations of truth, logic, real evidence, and prosecutorial ethics – not upon hysteria hyped by politicians and the media.
You and see the CNN coverage of Mr. Sessions address here.
Dr. Jeffrey MacDonald, the former Green Beret surgeon who was first cleared in the murders of his pregnant wife and two daughters and then convicted in 1970, will have what may be his final chance at overturning his conviction after spending the past 36 years in prison for a crime that many experts now believe he did not commit. Oral arguments before a federal appeals court will commence on January 26. The crime took place prior to the use of DNA analysis and new DNA evidence and a lot of other evidence, including evidence of prosecutorial misconduct, flawed forensic testimony, and botched crime scene analysis, provides powerful support for his story that intruders killed his family in what was in some ways similar to the “Manson family” murders in that same era. People Magazine investigative reports will culminate in its major cover story, available on newsstands on Friday, January 20. Here is a link to the People Magazine digital story today that precedes the cover story:
One of, if not the most, frequent occurrences of prosecutorial misconduct is withholding exculpatory evidence from the defense; which prosecutors are required by both law and ethics to share. The state of California has taken this “bull by the horns,” and made withholding evidence by prosecutors a criminal felony.
Under the new law, prosecutors who alter or intentionally withhold evidence from defense counsels can face up to three years in prison.
EVERY one of the remaining 49 states needs to follow this example. This is a major step in establishing the kind of accountability prosecutors MUST face if we are to ever achieve the necessary level of ethical conduct on the part of prosecutors.
See the reason.com story here.