Category Archives: wrongful conviction

International Association of Chiefs of Police (IACP) and Innocence Organizations to Educate Criminal Justice Stakeholders on Psychological Factors that Contribute to Wrongful Convictions

New Video Series Supplements Trainings for Law Enforcement and Others Working in Criminal Justice

The International Association of Chiefs of Police is joining  the Innocence Project, the Ohio Innocence Project and other members of the Innocence Network to release a series of videos to educate law enforcement and criminal justice professionals about the psychological phenomena that can impede criminal investigations and prosecutions, and lead to wrongful convictions. The seven videos feature leading experts discussing how to recognize psychological factors, such as memory malleability and implicit bias, that affect investigations and prosecutions as well as highlighting some of the safeguards that can be employed to prevent wrongful convictions.  The videos are available at law.uc.edu/human-factors.html.

IACScreenshot_2018-11-19 Sherry Nakhaeizadeh FINAL_6a movP has been a leader in promoting reforms that reduce wrongful convictions, as far back as 2006 with the release of a key training on eyewitness identification, in 2010 and 2016 with the releases of model policies, in 2013 with the summit on wrongful convictions and in 2017 with the production of a roll call video series on eyewitness identification.

“Law enforcement officials are human and are susceptible to the same psychological phenomena that can adversely affect decision-making,” said Paul M. Cell, president of the IACP.  “We are excited to be partnering with innocence organizations to make these videos available because education and training are critical to ensuring that these phenomena don’t adversely affect investigations.”

The videos focus on human flaws that have been proven to contribute to wrongful conviction, and ere designed to complement trainings for stakeholders from all corners of the criminal justice community, from law enforcement to crime lab personnel to prosecutors and defense lawyers.

“While these videos were designed to be used in conjunction with more thorough trainings, we wanted to make them more broadly available online so they are accessible at all times to remind people working in criminal justice to be more aware of the psychological traps that can undermine even the most dedicated and diligent actors,” said Mark Godsey, director of the Rosenthal Institute for Justice/Ohio Innocence Project.Screenshot_2018-11-19 Jim Trainum FINAL_v6a mov(1)

Rebecca Brown, policy director of the Innocence Project which is affiliated with the Cardozo School of Law, added: “Presenting the psychological factors that contribute to human error in a neutral manner by experts with deep knowledge of the criminal justice system will hopefully encourage a dialogue among professionals, including police, prosecutors, forensic examiners, and defense lawyers, and encourage them to ask themselves and each other if any of these factors may be influencing their work.”

For online access to the videos and more information, visit law.uc.edu/human-factors.html.  Below is a short description of the seven videos:

Confirmation Bias – Dr. Sherry Nakhaeizadeh explains how people tend to interpret evidence in a way that confirms their assumptions and preconceptions.

Memory Malleability – Dr. Elizabeth Loftus discusses how memory is constructed and how it is susceptible to being manipulated by false information.

Eyewitness Misidentification – Dr. Jennifer Dysart explains how memory affects identification and how to prevent eyewitness misidentifications.

False Confessions – Dr. Saul Kassin explains how interrogation techniques can cause innocent people to falsely confess to crimes they didn’t commit.

Lie Detection and Demeanor Evidence – Dr. Par-Anders Granhag exposes the myth that it is possible to tell whether or not someone is being truthful from their physical ticks and mannerisms.

Tunnel Vision – Retired Detective Jim Trainum explains the harm of focusing on a single or limited police or prosecutorial theory and seeking only evidence that confirms that particular theory.

Implicit Bias – Professor L. Song Richardson explains how personal experiences shape our views and can result in unintentional bias.

For inquiries about further information on this project, contact:

Julia Lucivero, 212-364-5371, jlucivero@innocenceproject.org

Sarah Guy, 703-647-7226, guy@theiacp.org

Carey Hoffman, 513-289-1379, Ohio Innocence Project

 

 

Lessons of Wrongful Convictions: A Parent/Child Perspective

(Editor’s note: The author, Carey Hoffman, is Director of Communications for the Ohio Innocence Project.)

Every parent aspires for the best for their child.

That was true for Rickey Jackson’s parents. It was also true for Harold Franks, the Cleveland salesman killed in 1975 that Jackson and two friends were wrongfully convicted of murdering.

Of course, it is just as true for myself and my wife with our two daughters.

rickey jackson release portrait

Rickey Jackson in 2014, moments after a court ordered his release after 39 years in prison.

That’s why I was pleased our youngest, Emily, a junior at Miami University, was going to have the opportunity to hear Rickey Jackson speak when he visited her campus in October as part of a program put on by the Miami chapter of OIP-u, one of seven chapters at Ohio universities that serve as undergraduate advocacy organizations affiliated with the Ohio Innocence Project.

The realities of four decades lost to injustice can become very hard to miss when their embodiment is sitting 15 feet away from you, telling you a story of a life’s journey that you’ll never forget. Continue reading

New 360-degree Video Experience Allows Viewers to Step Into the Shoes of the Wrongfully Convicted

Only the people who have been through it can truly understand the experience of having been wrongfully convicted and sent to prison. But a new, 360-degree immersive video will allow viewers to gain greater understanding than ever before of what it is to “walk a mile in my shoes” when you are an exoneree who spent almost 40 years in prison.

That is the experience of Rickey Jackson of Cleveland, Ohio, who was exonerated in 2014. One of the longest-serving exonerees in U.S. history, the realities of his surreal, new post-prison life can be uniquely understood through the release of “Send Me Home,” a 360-degree video experience conceived and produced by Lonelyleap Film.

“Send Me Home” invites participants to take a journey in 360 degrees, as Rickey grants us entry into his private world, guiding us through time gone, family known and the spaces he lovingly embraces today. The 360-degree video transports participants into Rickey’s mindspace, urging them to reflect on the expanse of their own lives in relation to the time Rickey has lost.

Rickey was represented by the Ohio Innocence Project, which ultimately secured his release from a death sentence that began with a wrongful conviction in a 1975 murder case.

Continue reading

Ten years after: An exoneree success story

“Hello truth.”

That’s the phrase Robert McClendon will always be associated with. It was his reaction 10 years ago when DNA results were announced that conclusively cleared him of the rape charge that had cost him his freedom for the previous 18 years.

But, in this 10th anniversary year of that moment, Robert says they are not necessarily the words that stick out most in his mind from that day.

mcclendon o'brien

Robert McClendon and Ron O’Brien

It was an exchange with Columbus Dispatch reporter Mike Wagner, whose reporting plays prominently in Robert’s story, that remains most vivid to Robert.

Heading into the proceedings to announce the results of the DNA comparison, no one was telling Robert what the results showed.

“No one would say anything about it. My family was bewildered, they were stunned,” Robert recalls. “I thought, ‘Oh my gosh, the results must have come back inconclusive.’ All kind of things were going through my mind, and I will always remember this conversation with Mike Wagner.

“Mike knew I liked basketball, and he was a high school basketball player himself, so he had said, ‘If you ever get out, we’ll have to play a game of 1-on-1.’ So no one is telling me anything, and then Mike walks by and he says the words I’ll never forget, ‘You ready for that basketball game?’ “

That is how Robert McClendon learned his 18-year nightmare was drawing to a close.

McClendon, Wagner and others involved in his case – along with fellow Ohio Innocence Project (OIP) exonerees Dean Gillispie, Laurese Glover and Nancy Smith – revisited his journey to justice this week during a panel discussion, “Hello Truth, Ten Years of Freedom” in Robert’s hometown of Columbus.

Also participating were Columbus city council member Jaiza Page, who served as moderator, Franklin County Prosecutor Ron O’Brien, Judge Charles Schneider of the Franklin County Common Pleas Court, former Columbus Dispatch reporter Geoff Dutton and OIP Deputy Director Jennifer Paschen Bergeron.

Robert’s case was a true landmark moment for the innocence movement in Ohio. Continue reading

Not All Teens Who Confess Are Guilty

We have previously addressed the subject false confession a number of times on this blog. Please see False Confessions – How Can That Happen?  One of the very egregious cases of false confession we talked about was that of Marty Tankleff, who at 17, was manipulated by police interrogators into falsely confessing to the murder of his parents. After 18 years of wrongful imprisonment, Marty became a lawyer; and a law professor.

Marty has recently authored an article on CNN about false confessions by teenagers, who are particularly vulnerable.

Please see the CNN story by Marty Tankleff  here.

 

Exonerated After 45 Years in Prison

He was 27 when he went in. Now he’s 72.

This sets a record for the longest wrongful imprisonment in the US.

https://www.cnn.com/2018/03/30/us/detroit-man-wrongfully-excused-of-murder-released-trnd/index.html

Wrongfully Convicted Man Gets His Old Job Back with the White Sox After 23 Years in Prison

 

Would that ALL exonerated people were able to re-insert themselves back into society this easily.

https://www.cnn.com/2018/03/26/us/white-sox-hire-wrongly-convicted-groundskeeper-trnd/index.html

 

National Registry of Exonerations Releases Record-Filled Annual Report for 2017

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

One-Word Law Change Factors in Court’s Decision to Vacate Conviction

Words matter: A one-word change of “could” to “would” in Virginia’s writ of actual innocence law enacted in 2013 was cited in the Virginia Supreme Court’s unanimous opinion last week that vacated the 40-year-old rape conviction of Roy L. Watford III. 58, of Chesapeake. The state high court ruled no jury “would” have found him guilty beyond a reasonable doubt in the light of new evidence.
 
The language prior to the 2013 change was “could” have found him guilty…
 
From this article:
“Writing the unanimous opinion last Thursday, Justice Cleo E. Powell noted that the burden is still a heavy one for someone trying to win a writ of actual innocence.
 
But, Powell added that while the “could” standard required proof of innocence beyond any reasonable doubt, the “would” standard requires the court to consider if the new evidence, versus evidence of guilt, establishes such a high probability of acquittal that no rational person would have found guilt.”

Lives Shattered by a (False) Allegation?

This from CNN today:

“(CNN)   President Donald Trump took to Twitter Saturday to lament “lives are being shattered” by a mere allegation in the wake of the resignations of former White House staff secretary Rob Porter and speechwriter David Sorensen following allegations of domestic abuse.

” ‘Peoples lives are being shattered and destroyed by a mere allegation,’ the President tweeted.  ‘Some are true and some are false. Some are old and some are new. There is no recovery for someone falsely accused – life and career are gone. Is there no such thing any longer as Due Process?’ “
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All I can say about this is: “Well, Mr. president, I suggest you take a very hard look at the sex offender registry, because this – lives shattered by a false accusation – is something that our (your) justice system is very good at.”  Just ask Brian Banks, or Courtney Bisbee, or any of the countless others. I’ve written about many of them on this blog.
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And the false-accusation failures of the justice system are not limited to just sex offenses.

Conviction Vacated: New California Law, New Evidence, and Advocacy Prevail

After twenty-seven years of wearing the label “sex offender,” Darwin Crabtree was relieved of his child molestation conviction yesterday, January 17, by a Butte County Superior Court. Northern California Innocence Project Attorney (NCIP) Paige Kaneb made the motion to vacate Crabtree’s conviction based on new evidence of innocence and bolstered by a newly enacted California law.

The law (Penal Code section 1473.7) allows persons no longer convicted or restrained to pursue a motion to vacate their convictions and stipulates the state’s response: When Continue reading

Two Travesties of Justice and Not a Single Apology in Sight

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.

Seriously?

 

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.

 

The Terrible Old Rule that Undermines Conviction Accuracy

Samuel Gross has provided an insightful commentary in response to the U.S. Supreme Court’s June 22 vote (6 to 2) in Turner vs. United States, that affirmed the murder convictions of seven men and reaffirmed “a terrible old rule that has done great harm to the accuracy of criminal trials…”

A professor of law at the University of Michigan and founder and Senior Editor of The National Registry of Exonerations, Gross notes that in half of more than 800 exonerations since 1989 in which people had been wrongly convicted of murder, the prosecution had concealed exculpatory evidence at trial.

Students of the law and of wrongful convictions recognize these instances as Brady violations. In 1964, in Brady v. Maryland, the high court ruled that the government is obligated to disclose evidence that is favorable to the defense if it is “material” to the case. “Materiality” was later further defined as having a “reasonable probability” that the outcome of the trial would have been more favorable to the defendant if the evidence had been disclosed.

But can this rule be accurately applied? Is there a better way that could cure this nation’s “epidemic” of Brady violations? Gross answers both questions in his commentary, “How Concealing Key Evidence Convicts the Innocent.”

Exoneration and Freedom for Evin King in Ohio

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.

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Evin King prison photo

DNA testing confirmed that the semen found in the victim’s vaginal cavity after the attacked matched male skin cells found under her fingernails (a hand-to-hand struggle appeared to have taken place during the attack, as the victim was strangled).  This male DNA in both locations did NOT match Evin King, but rather, an unknown male.
[Watch this moving video of Assistant Clinical Professor Jennifer Bergeron informing Evin King, in prison, that he is about to regain his freedom after 23 years in prison for a murder he didn’t commit…]
Prosecutors had for years failed to respond to King’s motions for relief, even after the exclusionary DNA test results were obtained.  And the trial court sat on King’s post-conviction motions for nearly a year-and-a-half before denying relief.  Fortunately, the 8th District Court of Appeals reversed the trial court’s decision last year and sent the case back to the trial court for a hearing, while specifically observing that the DNA evidence supports King’s innocence claim.  On Friday, the OIP learned that after newly-elected prosecutor Michael O’Malley took office in January, he put new prosecutors on the case to look into it with a fresh eye.  When O’Malley was later informed of the details of King’s case from these prosecutors, he ordered that King’s conviction be overturned and that he be released.
OIP Assistant Clinical Professor Jennifer Bergeron has represented King for many years, as did OIP staff attorney and Ohio Public Defender attorney Carrie Wood (now at the Cincinnati Public Defender’s Office).  OIP student fellows on the case include Taylor Freed, Katie Wilkin, Mallorie Thomas, Joe Wambaugh, Bryant Stayer, Steve Kelly, Morgan Keilholz, Jon Walker, Scott Leaman, Thomas Styslinger, John Markus, and Julie Payne.  The Ohio Public Defenders Office, particularly Kris Haines, worked on King’s case as well for many years.  King’s case is another example of the importance of determination and perseverance, as Bergeron, Wood, Haines, and the students never gave up even though at times King’s prospects appeared bleak given the initial stiff resistance of the trial court and the prosecutors.
OIP co-founder and director Mark Godsey said, “While the initial delay in obtaining justice for Mr. King is disturbing, Michael O’Malley and the Cuyahoga County Prosecutor’s Office deserve credit for turning this case around and correcting an injustice.  As we have seen in other counties with other cases, prosecutors far too often fight back hard against an exoneration even when the evidence of innocence is strong.  But in several past cases in Cuyahoga County, and today with Evin King’s case, the prosecutors in Cleveland put justice above winning.  O’Malley’s involvement in the case since his recent election, along with his decision to put new prosecutors on the case, may have been the pivotal factor that secured freedom for an innocent man, and we are thankful for his heroic intervention.”

Jack McCullough, Exonerated, Sues Prosecutors for “Pervasive Misconduct”

We’ve reported about Jack McCullough on this blog several times previously. See here, here, here, and here.

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.

 

Federal Judge Overturns Arizona’s Diaper Changing Child Molestation Law

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.

Maryland Justice Professional Opposes Revisiting Death Penalty

“At a time when there are calls for criminal justice reform, it is important to ensure any reforms are based on sound research and data-driven, fact-based information. Calls for re-establishment of the death penalty in Maryland are not based on the aforementioned.” — Karl Bickel

Karl Bickel, a career law enforcement officer and former proponent of the death penalty, has offered a well-researched argument against making any exception to the repeal of Maryland’s death penalty, implemented in 2013. The state has opted for life in prison without the possibility of parole for its worst offenders. House Bill 881, introduced on February 6, 2017, calls for an exception for first-degree murder cases in which the victim is a law enforcement officer, correctional officer, or first responder.

A key issue for Bickel is avoiding the risk of wrongful conviction and execution of an innocent.

Bickel is retired from the Department of Justice, and has been a major city police officer, an assistant professor, and second in command of the Frederick County (MD) Sheriff’s Office.

Read his commentary here.

The National Registry of Exonerations has identified 116 cases in which a person was wrongly convicted of murder and sentenced to death, before being exonerated.

Thursday’s Quick Clicks…

Injustices multiplied

From: Post Register

Christopher Tapp was finally freed from prison after more than 20 years. Prosecutor Danny Clark has released a statement in which he attempts to explain the actions of his office in dropping all counts of rape against Mr. Tapp, but leaving in place the murder conviction (with a deadly-weapon enhancement). Clark’s statement unfortunately does not explain this split, which is peculiar since all of the same forensic evidence used to dismiss the rape charge equally demonstrate that Mr. Tapp had nothing to do with the murder of Miss Dodge. The DNA analysis requested by the Idaho Innocence Project has produced clear results that exclude Mr. Tapp from everything tested. The tests also exclude all of the other suspects that were part of the prosecution theory of the crime. More importantly, the scientific evidence tells a very clear story—one that was totally ignored by the prosecutor’s statement.

Mr. Tapp is not on any of the evidence in this case, but one man is—in every single profile. First of all, his semen was recovered from the victim’s body—before Mr. Tapp’s trial. We now know, through testing requested by the Chris’s legal team (and the victim’s mother), that the same man left a pubic hair on the victim’s face. In DNA analysis completed during the last year—requested by the government—we have also learned that the same single perpetrator contributed DNA to clothing the victim was wearing—both her sweatpants and her sweatshirt. Most recently, in conjunction with a request by the IIP, the prosecutor had key items of the prosecution’s theory tested using the most modern techniques available (including MVac). This is key, since the confession that was spoon-fed to Mr. Tapp (in exchange for an immunity agreement) had Mr. Tapp contacting the victim and her possessions in three places. He held down her hands, he stabbed her once through her shirt and wiped his hands on the shirt, and he moved her teddy bear. It was clear from the crime scene that she had been stabbed through her shirt, and that the teddy bear had been moved. Fortunately, the clothing and bear were preserved, and swabs from the victim’s hands had been taken but never tested.

We agreed with the prosecution that these were the key items that should be analyzed with the most modern technology possible. These items would either show the truth of the prosecution’s theory, or finally put it to rest. When the results were known, they produced a clear picture of what happened. None of the state’s suspects (including Chris Tapp) were on any of the evidence, but in a remarkably clear set of results, the semen donor was consistently on all of them. We now know who moved Angie’s teddy bear, left DNA on her shirt, and restrained her—leaving his DNA on each hand.

For 10 years, we have fought to demonstrate in open court that Mr. Tapp is innocent of murdering Angie Dodge. During that same time, the county continued to test evidence in this case (apparently looking for Mr. Tapp’s DNA). We had just received the final results, when Chris Tapp was offered a deal. He could be freed, without the delays of hearings, a new trial, and possible appeals by the county. Apparently, the prosecutor had realized the absurdity of Mr. Tapp’s rape conviction given all the DNA results, and agreed to drop the rape conviction. But those same results also clear Mr. Tapp of murder. The state tested Miss Dodge’s sweatpants, nightshirt, the pubic hair, her hands and the teddy bear—not just for evidence of rape, but because those are all the places they concluded the murderer had touched.

There is nothing wrong with having an opinion about how a murder was committed, it is the first part of reasoning: hypothesis. But to ignore one’s own results, is to employ neither science nor common-sense. Could the paradox of Tapp’s murder conviction have anything to do with an exoneree’s right to sue? A right which Mr. Tapp had to surrender as part of his deal with the county.

The courtroom is about the whole truth and nothing but the truth. A prosecutor’s obligation is to seek justice, not to uphold convictions. Indeed, the prosecutor has an ethical obligation to see that wrongful convictions are overturned, and Mr. Clark fulfilled that duty in dropping the rape charge against Mr. Tapp after 20 years. But the first lesson of logic is that half-truth is not truth. Justice for Chris Tapp is not simply finding him not-guilty of rape or murder, it is finding ¬¬¬him not-guilty of rape and murder. The DNA did not say that he was not-guilty of rape, it said he was not on any evidence—and another other man was. That man held down both of Angie Dodge’s hands, he left semen on her body and a pubic hair on her face, his DNA is on the shirt through which she was stabbed, and he moved her teddy bear. One man is on every piece of evidence in this case—not just the rape evidence. Rape and murder. Truth and nothing but the truth. You cannot remedy one injustice with another.

Hampikian, Ph.D. is a professor of biology and criminal justice at Boise State University and director of the Idaho Innocence Project. Cummins, Esq., is an attorney with the Idaho Innocence Project.

Exoneree Luther Jones Receives Posthumous Award at NCIP Justice for All Dinner

The Northern California Innocence Project recently honored exoneree Luther Jones with the Cookie Ridolfi Freedom Award at the annual NCIP Justice for All Dinner. Jones spent 20 years incarcerated for a crime he did not commit before being exonerated and released in February 2016. Sadly, Jones passed away in December, only 10 months after being freed. According to the program, Jones’ “story of exoneration, release and compensation encapsulates many aspects of the challenges of wrongful conviction and importance of innocence work.” Jones’ son, Ko’fawn, accepted the award on his father’s behalf.

Please take a look at the video below, honoring Jones memory and spreading awareness about his case.