Category Archives: Recantations

Friday’s Quick Clicks…

  • Brooke Shields, Stockard Channing and Brian Dennehy set for The Exonerated’s Off-Broadway return (New York Times article here)
  • Wrongful convictions in India
  • Connecticut Supreme Court rules that eyewitness identification expert witnesses are proper and admissible
  • Michigan Innocence Clinic wins new trial in child molestation case based on recanting witnesses

The Perfect Storm of Wrongful Convictions

The video of William Dillon, 52, singing the national anthem for the Tampa Bay Rays swept the Internet. He was invited to do the opening honors, including throwing the first pitch, because, of course, he could sing. But in doing so, he delivered another powerful message. As is often the case, Dillon, who spent more than 27 years in prison for a crime he did not commit, refuses to let bitterness ruin his newfound freedom. He accepted the invitation to sing about the land of the free and the home of the brave because his love of country—and the promise of America—has never wavered.

“Words cannot even explain how I feel,” he said just prior to singing (see Tampa Bay Times report and video). “It is so emotional and so deep-ingrained in my Continue reading

Are one out of every 10 rape convictions wrong?

Forensic psychologist Karen Franklin presents an interesting anaylysis on false accusations, false convictions and false recantations here.

New Trial in Non-DNA Case in New York on Grounds of Possible Innocence…

The Exoneration Initiative reported yesterday that the Appellate Division in New York granted a new trial to Derrick Deacon based on post-conviction newly discovered evidence. Derrick has now served 23 years for a homicide he did not commit.

In reversing the hearing court’s denial of relief, the Appellate Division found the recantation of a key trial witness to be “credible and compelling,” despite the hearing court’s opinion to the contrary. It also considered a declaration against penal interest by the true killer. The decision, attached here, is significant for non-DNA litigants because it stresses the cumulative impact of multiple pieces of evidence of innocence.

An article about the case from last week is available here….

Frank O’Connell Exonerated in California Yesterday After More Than 25 Years in Prison….

From LATimes.com:

The criminal case against a former Glendora High School football star who spent 27 years behind bars for a murder he insists he did not commit was dismissed Monday, ending a nearly three-decade legal saga that saw his conviction thrown out.

“I’m just as happy as can be. It’s finally over,” Frank O’Connell said in a phone interview following the hearing in Pasadena court. “I walked into that courtroom 27 years ago thinking I was walking out, and I walked out today for sure a free man. There’s a weight off my shoulders.”

Los Angeles County prosecutors asked for the case to be dismissed, telling Superior Court Judge Suzette Clover that they did not have enough evidence to retry O’Connell, said O’Connell’s lawyer, Verna Wefald. She said prosecutors indicated that the investigation into the 1984 fatal shooting of Jay French, a South Pasadena maintenance man, would continue.

O’Connell, 54, said he hoped that the investigation would finally prove his innocence.

“If they could find the people involved, I could be totally exonerated,” he said.

O’Connell was released on bail in April after Clover ruled he should be given a new trial. The judge found that during the first trial in 1985, Sheriff’s Department detectives failed to disclose records pointing to another possible suspect, and may have improperly influenced witnesses.

At a hearing last year, the prosecution’s key witness from the first trial recanted, saying he never got a good look at the killer and felt pressured to make a positive identification after tentatively identifying O’Connell as the gunman during a photo lineup. O’Connell, whose conviction was based largely on eyewitness testimony, has always maintained that he had nothing to do with the killing.

O’Connell said Monday that he feels no anger about what occurred and hopes to restart his life in Colorado working for a custom cabinet-making company run by the stepfather of his son, who was just 4 when O’Connell was sentenced to 25 years to life in prison.

“Anger and frustration just drag you down,” he said. “I don’t want to hate on people. I can’t get my time back. I won’t be able to fix my son’s owies and take him to school, so there’s no sense in being mad at it. Just enjoy today.”

O’Connell expressed gratitude to the organization that championed his case, Centurion Ministries, a nonprofit organization that advocates for the release of inmates it contends were wrongfully convicted. He said he hoped one day to talk to French’s family, who have expressed dismay at O’Connell’s release and said they believe he was responsible for the killing.

“I feel for the French family. It’s a terrible thing that happened. They thought for years that I had my hands involved in this. I can’t change how they feel,” he said. “I am willing to do anything — anything — to help them find the truth.”

Monday’s Quick Clicks…

  • UK exoneree Patrick Maguire says most recent exoneree Sam Hallam will be left with psychological scars because of his terrible experience of the criminal justice system. Maguire, who spent four years in prison after wrongly being found guilty of involvement in the IRA pub bombings in Guildford in the 1970s, played a key part of the successful campaign to free Hallam
  • How the investigator in the Brian Banks case got the recanting “victim” on tape admitting the rape allegation was bogus
  • Exoneration and release of Booker Diggins of New Orleans on hold after deal between prosecutors and Innocence Project falls through
  • Death row exoneree Kirk Bloodsworth speaks today at the 31st annual National Convocation of Jail and Prison Ministry in Scranton, PA

7th Circuit Court of Appeals Says Officials Not Immune

The federal 7th Circuit Court of Appeals ruled last week that police officers and prosecutors are not immune from being sued for alleged constitutional violations. Herb Whitlock and Gordon “Randy” Steidl spent 21 and 17 years respectively in prison before key witnesses recanted, important evidence was deemed unreliable, and they were released. According to the Chicago Tribune here, the ruling will permit Whitlock and Steidl to sue for what Steidl alleged was a “17-year conspiracy Continue reading

Exoneree Brian Banks Gets Tryouts With NFL Teams…

From ESPN.com:

It’s not every day that the Washington Redskins call up a man convicted of rape and ask him if he’d agree to a one-day workout, but it happened Tuesday.

Oh, and the Kansas City Chiefs called Tuesday, too. And the Miami Dolphins. And they were three days behind the Seattle Seahawks, who will work him out on June 7.

Why are all these NFL teams eager to check out a convicted sex offender, a Continue reading

Saturday’s Quick Clicks…

Breaking News: Texas Judge Recommends Exoneration for Woman on Death Row; Says Conviction Was Based on Junk Science…

Cathy Lynn Henderson

From Statesman.com (video story here):

The state’s highest criminal court should overturn the capital murder conviction of Cathy Lynn Henderson, once two days from execution for the 1994 death of an infant she was baby-sitting, a Travis County judge has recommended.

District Judge Jon Wisser said scientific discoveries into the causes of head trauma similar to the injury suffered by 3-month-old Brandon Baugh — and a change of heart from the prosecution’s star witness, former medical examiner Roberto Bayardo — mean no reasonable juror would convict Henderson if presented with the new evidence at trial.

“Testimony of the state’s chief experts was, at bottom, scientifically flawed,” Wisser wrote in findings dated May 14 and delivered Tuesday to the Court of Criminal Appeals.

After reviewing evidence via testimony and briefs, Wisser recommended that the appeals court dismiss Henderson’s conviction and return her case to Travis Continue reading

Breaking News: California Innocence Project Exonerates Brian Banks Today…

BRIAN BANKS

California Innocence Project director Justin Brooks blogged about this case previously here.

Today, Brian Banks, former football star and USC Trojan recruit, was exonerated….The “victim” recanted and admitted she lied at trial (the sex was actually consensual). She did not come forward earlier because she didn’t want to “give the money back”-meaning the settlement that she obtained from the school where the rape allegedly occurred. News coverage here, here, and here….

Coverage from earlier today about today’s court hearing here, here, and here

CNN video about his dreams of playing in the NFL here

CONGRATS TO BRIAN AND JUSTIN!!!!!

Wednesday’s Quick Clicks…

Reflections on System Resistance to Innocence Part II

In a blog post that appeared on March 14, 2012 entitled Bryant ‘Rico’ Gaines to Walk Free Today in Ohio: Reflections on System Resistance to Innocence (Blog Post), I expressed frustration over how the criminal justice system in Cincinnati reacted to a post-conviction claim of innocence, in the context of a specific case, in a way that I felt did not comport with a prosecutor’s duty to search for truth and ‘do justice.’

After the Blog Post was published, I heard that at least one member of the Prosecutor’s Office was upset because he or she believed that the Blog Post contained some inaccurate facts. As a result, I invited the Prosecutor or his representative to respond to the Blog Post in the comment section and asked them to specifically address any mistakes I had made so that we could flesh them out through discussion.

I later received this 10-page letter dated April 3, 2012 (‘the Letter’). After receiving the Letter, representatives of the Prosecutor’s Office confirmed that it was intended as a public response to the Blog Post and encouraged me to post it in my blog, which I have done above. [Note: The Letter responded to my Blog Post by using the names of the various actors in the case. I did not use names in the original Blog Post because I see this as an academic discussion about the criminal justice system broadly rather than a discussion that is personal in nature. Therefore, I have redacted most names from the Letter.]

My response to the Letter:

I. Global Comments

A. Prosecutorial Tunnel Vision and Resistance to Innocence Claims

First, I would like to clarify the point of my Blog Post. I intended to explore the concept of prosecutorial tunnel vision in post-conviction cases and to allow blog readers to contrast the reaction of the Prosecutor’s Office when presented with post-conviction evidence of Gaines’ potential innocence with how police and prosecutors have reacted in other similar cases I have celebrated on the blog, such as in the articles here, here, here, here, here, here, and here.

Specifically, in the Blog Post, I pointed out examples of prosecutorial behavior Continue reading

Thursday’s Quick Clicks…

Troubled inmate’s suicide note revives questions about his confession to Ohio murder

A police officer who was an initial investigator in a 1995 central Ohio murder is among those who never believed the confession to the crime by a mentally troubled inmate who recently committed suicide.

“I just can’t go on, 14 yrs is to long for something I dident do,” Bobby Joe Clark wrote in a note before he hanged himself Feb. 11 in his cell in Southern Ohio Correctional Facility in Lucasville, Ohio.

Marion, Ohio, police Maj. Bill Collins, an initial investigator on the Harold “Sleepy” Griffin homicide, believes Clark was telling the truth before he ended his life. He told the Marion Star that he and other police officers don’t think Clark killed Griffin despite his 1998 confession and 1999 gulty plea to the crime.

Javier Armengau, one of Clark’s attorneys, says he never believed Clark’s confession either. “As sure as you and I are breathing right now, this guy had nothing to do with this,” Armengau told the Star.

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

Wednesday’s Quick Clicks…

  • Wake Forest Prof Carol Turowski on the problems in post-conviction innocence cases of the prosecutors squeezing guilty pleas to lesser charges from innocent inmates; the inmates often take the deal even though innocent rather than remain incarcerated while the post-conviction innocence cases works its way through the courts
  • New book by Chicago attorney Ted Grippo on the wrongful convictions and executions of Nicola Sacco and Bartolomeo Vanzetti
  • The unchecked charging power of the prosecutor
  • Jason Puracal’s family fights to free him from Nicaraguan prison
  • Montana Innocence Project wins evidentiary hearing in attempt to obtain new trial in rape case
  • Woman in Texas attempts to overturn her murder conviction that was based on the notoriously unreliable evidence from a dog-scent lineup

Praise for a prosecutor

Overzealous prosecutors are a frequent topic of discussion on this blog, and justifiably so. Prosecutors who withhold exculpatory evidence or make misleading statements can cause immeasurable damage. Prosecutors do even more damage when they resist evidence that a person was wrongly convicted and ridicule or threaten to prosecute a witness who admits that they had given false testimony against someone charged with a crime.

It’s important to point out, though, that not all prosecutors are dishonest and that some have the courage to right wrongs even in the face of criticism. A good case in point is Prosecutor Sue Baur of Cowlitz County in the state of Washington.

After a thorough investigation, Baur concluded that a young woman who came forward to admit that she had falsely accused her father of molesting her a decade ago was telling the truth and dismissed the charges against him. The girl’s father, Thomas Edward Kennedy, was released from prison last week after serving nine years of a 15-year sentence. You can read about the case here.

Equally important, Baur said she would not charge Cassandra Ann Kennedy for lying because, according to an article here, it “might discourage others who might have lied in similar situations from coming forward to tell the truth.” Some vengeful people said Baur should be removed from office for her fair-minded approach and suggested that the accuser should go to prison herself for something she did as a confused and angry 11-year-old girl. In this quarter, at least, both Cassandra Ann Kennedy and Prosecutor Baur should be commended for having the courage to do the right thing.

Breaking News: Big Win for Centurion Ministries in California

Centurion Ministries had the murder conviction of a longtime client thrown out yesterday. From the LA Times:

A Los Angeles County judge has overturned a 1985 murder conviction in the fatal shooting of a maintenance man in South Pasadena, finding that sheriff’s detectives failed to disclose records pointing to another possible suspect and may have improperly influenced witnesses.

Superior Court Judge Suzette Clover made the ruling after the prosecution’s key witness recanted, telling the judge at a hearing that he never got a good look at the killer and felt pressured to make a positive identification after tentatively identifying Frank O’Connell as the gunman during a photo lineup.

O’Connell, whose conviction was based largely on eyewitness testimony, has maintained that he had nothing to do with the killing.

Full article here.

New Documentary Tells of Wrongful Conviction of Medicine Man…

A couple of impressionable young children pressured into alleging molestation and pointing the finger because of a family feud and manipulative games between “grown-ups” that they don’t understand. Procedural errors in the investigation and conviction, which are ignored by the appellate courts. Later, after the children have grown up, they recant, and pass polygraphs. They show remorse and frustration, and convincingly explain why they were made to lie when they were children. Evidence about the family feud that led to the false charges is plentiful. Jurors sign affidavits saying they would not have convicted had this been known. Prosecutors and courts don’t care. Innocent man languishes in prison (in this case, until death).

Sound familiar? To anyone who has worked with an Innocence Project, it certainly would. Like with our own cases involving this all-to-common fact pattern, this is what happened to Lakota medicine man Douglas White. A new documentary, Holy Man: The USA v. Douglas White (trailer here) tells of this heartbreaking phenomenon in the context of Native American spirituality and reservation life. The filmmakers’ shock at how the prosecutors and courts refused to listen to reason, and bent over backwards to avoid considering the new evidence, will strike close to home. Details here.