Prosecutor Issues Fake Subpoenas

This absolutely turns my stomach. This insanity has to stop.

See the story from HuffPost here.

 

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

 

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Hundreds marched in Downtown Memphis demanding criminal justice reform

We’re off! #INConf2018 The largest gathering of wrongly convicted people marching in honor of #MLK50 as we strive to fix our broken criminal justice system.

 

 

When the innocent go to prison, how many guilty go free?

Jennifer Thompson has told her harrowing tale many times. In 1984, a man broke into her apartment and sexually assaulted her at knifepoint. She picked Ronald Cotton out of a police lineup, and he was sent to prison. But a decade later he was proven innocent and released. The two met and eventually co-authored a book, “Picking Cotton.” They toured the country, advocating for laws that might prevent such tragedies. The real perpetrator, Bobby Poole, was identified through DNA, and died in prison in 1998.

Jennifer Thompson has spoken about how wrongful convictions contribute to crime by allowing the guilty to go free.

But here’s the lesser-known epilogue: After the book was released, Thompson was contacted by a woman named LuAnn Mullis. Mullis had also been sexually assaulted by Bobby Poole, months after Cotton was wrongfully arrested. In fact, Poole had been accused of more than 20 crimes after the police arrested the wrong man. “If they had done it right then, what happened to me would not have occurred,” Mullis told Thompson.

Thompson spoke in her public appearances about how wrongful convictions contribute to crime by allowing the guilty to go free. But there were no numbers.

It just so happened that Thompson married a political scientist named Frank Baumgartner, who for years has studied data on wrongful convictions. Together, they began discussing how to show the public that preventing wrongful convictions is not just a way of stopping individual injustices: it’s a way of fighting crime continue reading here

 

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‘Testilying’ by Police: A Stubborn Problem

Why the Prevalence of Lying by Police is a Problem for the Innocent

Texas Cop Who Killed A Black Man In Front Of His Children Indicted For Lying             (The cop still has his job.)

 

Could Sentencing ‘Discounts’ Replace Plea Bargaining?

A fairer trial system requires both transparency and a shift of power away from prosecutors “into the hands of (impartial) sentencing judges,” argue the authors of a forthcoming article in Missouri Law Review.

It isn’t an exaggeration to say the right to a fair trial in the U.S. is close to a myth, when the fate of more than 90 percent of criminal cases is determined by unrecorded conversations that take place in a courthouse hallway, according to the article, entitled Plea Bargaining: From Patent Unfairness to Transparent Justice.

The authors propose replacing the current U.S. system with a model similar to one used in Australia, where judges have a high degree of authority over sentencing, and where the high court has ruled that prosecutors cannot even make a submission regarding an appropriate sentence.

Read more here

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Until Proven Innocent: Life after prison for 3 men now free after wrongful conviction

He lost 11 years after a wrongful conviction. Who can blame Kerry Porter for being angry?

Philadelphia’s New Top Prosecutor Is Rolling Out Wild, Unprecedented Criminal Justice Reforms

Philadelphia’s newly minted district attorney, Larry Krasner, was meeting constituents in a packed church in West Philadelphia earlier this month to discuss his plans for the job. The meeting was unique in that it quickly revealed to community members what local civic leaders and officials have already learned about Krasner: He is making good on his promise to revolutionize the job of district attorney and, in the process, offering an extraordinary experiment in criminal justice reform at the municipal level that could serve as a national model.

In the church, queries and complaints from constituents that might have made his predecessors cringe were softballs for Krasner: a loved one has been wrongfully incarcerated? Send the case to the revamped Conviction Review Unit, a sort of in-house innocence project. How can lying officers be kept off the stand? He has staff working to verify and expand a formerly secret “do not call” list of 29 suspect officers. Late in the meeting, one elderly woman asked a question that cuts to the core of concerns for those who doubt Krasner’s reforms: What would he do about the drug dealers and users on her street that make her feel unsafe? He didn’t miss a beat: “The past solution was to lock [corner drug dealers] all up and that didn’t work. We have to go after root cause,” he says. This came after an extended riff promising “to go after doctors, and pharmaceutical corporations” for their role in the nation’s opioid crisis. Notably, his office had already initiated legal proceedings against some of those pharmaceutical companies.

Back on the campaign trail last year, Krasner, a former civil rights and criminal defense attorney who had been best known for suing police officers, offered a stump speech that condemned the criminal justice system for being racist and for criminalizing poverty and addiction. He was an unusual candidate to be the city’s top law enforcer. Voters swept him into office. Now, two months into his term, DA Krasner is virtually undistinguishable from candidate Krasner.

Read about the reforms Krasner is making here

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More exonerations are driven by police and prosecutor misconduct

Let’s Put an End to Prosecutorial Immunity

Swindler Exploits the ‘Hope of Inmates,’ Prosecutor Says

 

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

John Grisham: Eight reasons for America’s shameful number of wrongful convictions

It is too easy to convict an innocent person. The rate of wrongful convictions in the United States is estimated to be somewhere between 2% to 10%. That may sound low, but when applied to a prison population of 2.3 million, the numbers become staggering. Can there really be 46,000 to 230,000 innocent people locked away? Those of us who are involved in exoneration work firmly believe so.

Millions of defendants are processed through our courts each year. It’s nearly impossible to determine how many of them are actually innocent once they’ve been convicted. There are few resources for examining the cases and backgrounds of those claiming to be wrongfully convicted.

Once an innocent person is convicted, it is next to impossible to get them out of prison.

Over the past 25 years, the Innocence Project, where I serve on the board of directors, has secured through DNA testing the release of 349 innocent men and women, 20 of whom had been sent to death row. All told, there have been more than 2,000 exonerations, including 200 from death row, in the U.S. during that same period. But we’ve only scratched the surface.

John Grisham continues by discussing the 8 major reasons for wrongful convictions. Read his 8 reasons here. 

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Next Ohio execution raises too much doubt

For the first time in three decades, the “Death Penalty Capital of America” goes without an execution

DA: Former prosecutor withheld key email in death row case

Conference To Focus on Evolution of Forensic Evidence

Experts in forensics, statistics and the law will convene for a conference at the University of Virginia School of Law on March 26 to mark the 25th anniversary of the U.S. Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals Inc., which reshaped how judges evaluate scientific and expert evidence.

Judge Jed Rakoff of the U.S. District Court for the Southern District of New York will deliver the keynote address at noon. The conference begins at 8:30 a.m. in the Law School’s Caplin Pavilion.

The Daubert ruling coincided with a surge in scientific research relevant to criminal cases, including the development of modern DNA testing that both exonerated hundreds of individuals and provided more accurate evidence of guilt.

“Leading scientific commissions have pointed out real shortcomings in the use of forensic evidence in the courtroom,” said professor Brandon Garrett, a participant in the conference and a principal investigator for the Law School’s Center for Statistics and Applications in Forensics Evidence, or CSAFE, projects. “The CSAFE collaboration, extending across four universities, including UVA, has been working with generous support from the National Institute of Standards and Technology to research these questions.”

Panelists will discuss how to develop better forensic evidence, how to analyze it more accurately in the crime lab and how to present it more effectively in criminal cases. Several contributions will be published in a special symposium issue of the Virginia Journal of Criminal Law.

The conference is sponsored by the Virginia Journal of Criminal Law and the Center for Statistics and Applications in Forensic Evidence.

The talks are free and open to the public. Attendees may contact Garrett at bgarrett@virginia.edu or (434) 924-4153 for more information.

Click here for more information on the speakers and schedule.

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.”

L.A. County D.A. to create unit to review wrongful-conviction claims

Citing a rise in wrongful-conviction claims by inmates, the Los Angeles County district attorney’s office is launching a unit of veteran prosecutors to review the integrity of past convictions, joining a small but growing number of prosecutorial agencies around the country devoting resources to identify innocent prisoners.

Dist. Atty. Jackie Lacey is asking county supervisors for nearly $1 million to fund the new team, which would include three prosecutors, a senior investigator and a paralegal.

In seeking the funds, Lacey’s office said it wanted to keep up with an increasing number of wrongful-conviction claims that have followed the advent of similar units around the country, a growing number of innocence projects and heightened publicity surrounding innocence claims, county spokesman Dave Sommers said.

Innocence project groups and others hailed the move, saying that it would send a dramatic statement that the office is serious about reversing injustices and could spur the creation of similar units in smaller counties across California.

“This is exactly what should happen in every district attorney’s office in America,” said Justin Brooks, director of the California Innocence Project at the California Western School of Law in San Diego. “We all have the same goal: to make sure the right people are in prison.”

Read more on the proposal here

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Should lawyers share evidence before criminal trials? Va. Supreme Court considers changes to discovery rules

Kansas man wrongfully imprisoned [based on prosecutorial misconduct] for 23 years receives no compensation from state

Former Texas Prosecutor Withheld Email that Could Have Prevented Innocent Man from Landing on Death Row: Report

In an announcement late Friday, Harris County, Texas, District Attorney Kim Ogg revealed that a former prosecutor had withheld a key email that could have prevented Alfred Dewayne Brown from receiving the death penalty.

As the Houston Chronicle writes, the email helped establish “a clear alibi” for Brown, who was convicted in a high-profile murder case in 2005 that landed him a death sentence.

Brown always maintained his innocence, and spent nearly 10 years on death row before his case was dismissed in 2015 and his conviction overturned. According the Chronicle, the 36-year-old Brown later sued a slew of Harris County officials, including the DA’s office, the prosecutor and police officer who handled the murder case, accusing them of hiding and falsifying evidence against him and violating his constitutional rights to due process and a fair trial.

The new e-mail, which came to light because of Brown’s lawsuit, backs up his claims, showing that the prosecutor at the time, Dan Rizzo, was aware of evidence that could exculpate Brown.

Read more about the withheld information and Brown’s case here

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How a new generation of prosecutors is driving criminal justice reform outside of Congress

A Revolution of Values in the U.S. Criminal Justice System

DNA evidence could exonerate men convicted in ’02 murder

HUNTINGTON – Newly tested DNA evidence would exonerate some men convicted in the 2002 murder of 21-year-old Deanna L. Crawford and might instead point to someone who has a history of abuse, according to documents filed with the Cabell County circuit clerk this week.

Phillip Scott Barnett, 37; his brother Nathaniel Barnett; and Justin Keith Black, 34, who are working with the Chicago-based Exoneration Project at the University of Chicago Law School and West Virginia Innocence Project, are asking their convictions be overturned and for new trials.

Crawford was found Aug. 8, 2002, in Salt Rock by two men walking along Hickory Ridge Road.

Investigators believed her death had followed an Aug. 5, 2002, party at Justin Black’s house. That evening involved drinking alcohol, playing video games and a vehicle ride that turned violent. The motivation for her death remains a mystery.

Crawford’s family then waited more than six years for an arrest.

The request for a new trial comes nearly two years after Cabell Circuit Judge Alfred E. Ferguson approved a request for possibly exonerating DNA evidence to be tested.

Read more about the trial, appeal, and DNA results here

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Radio Atlantic: How Innocence Becomes Irrelevant

Some Missouri lawmakers want to privatize the public defender system. For one county, it starts March 1.