Monday’s Quick Clicks…

China’s Innocence Reforms Showing Results…

From news source:

by CRI Washington Correspondent He Fei

The Chinese government under President Xi Jinping has focused in strengthening the rule of law in the country. Its anti-corruption drive is part of these efforts. But there is much more being done to refine the country’s judicial system aimed at achieving fairness and justice for all.

“Seeing is believing” says Tao Kaiyuan, vice-president of the Supreme People’s Court of China (SPC) in answer to those who are skeptical about the country’s judicial reform process.

“Rule of law is the only way to achieve social development and prosperity. We must follow it. Rule of law is an inevitable trend for the world, and there is no exception for China. The current trend turns into the driving force of the society, which gives us strength, the origin of my confidence.”

Tao Kaiyuan made the comment on Wednesday, while addressing a gathering at the Brookings Institution, a top think tanks in Washington D.C.

Tao Kaiyuan was in the US earlier this week as head of a six member Chinese delegation. During her tour, she met with US Supreme Court judge Ruth Ginsburg and former Supreme Court judge Sandra Day O’Connor.

China’s judicial system is more open and public-friendly, Tao said. She cited the move to put all court verdicts online for anyone to review as an example for this growing transparency in the Chinese judicial system.
As of January 10,2015, 5.81 million cases have been published online. The SPC has also used social media to update real-time court minutes as it did in the high profile case of Bo Xilai, the former party chief of Chongqing Municipality who was charged with corruption. Sometimes foreign diplomats have been invited to hear trials involving their citizens, Tao said.

According to Tao, other reform efforts have included revising criminal trial procedures to address some of the shortcomings of the investigation process and the prosecution mechanism to prevent wrong verdicts and the miscarriage of justice.

“China has set up its own legal system with its signature characteristics. The problem now is whether the existing laws are of higher standards. A lot of revisions need to be done,” said Tao Kaiyuan. “With regard to the government, the administration adheres to the rule-of-law. We’re building an open and transparent law-based government. One of the very important actions to achieve that is to decentralize the power to lower levels. And all the actions must be transparent to the public. For the part of the judiciary, the key is justice and fairness, to raise people’s awareness of the rule of law and cultivate an atmosphere where it is administered fairly. In addition to the above, the ruling party will have a significant change in its governing style. We’re on the right track and will finally reach our goal.”

Tao’s speech received positive reactions from many scholars and professionals in the D.C. area. Ralph Winnie, an expert with the Eurasia Center, another private think tank was impressed that more and more ordinary citizens in China were seeking legal help to resolve their issues.

“She talked about the growth of lawsuits, some like 10 million. Most people don’t think that people in China bring lawsuits. And it’s getting out there in a fact promoting your judiciary. And the number of cases, if that continues to grow and people see that the outcomes are transparent that there is not a shade of corruption I think you going to see more and more people have respect for the Chinese legal system.”

Cheng Li, the director of the John L. Thornton China Center at the Brookings Institute, says it was important to explain China’s policies to the outside world.

“This shows China has opened up gradually. The building of local think tanks, the ‘One Belt, One Road’ strategy, and the rule of law, all of which have showed us that China is entering the global stage in all aspects from culture to economy, and is striving to build a society where the rule-of-law is enforced. However, it takes time. Today we’ve seen Tao who impressed the audience with a clear image of China’s legal system. I believe we’ll see more people having confidence in China’s legal system in the future.”

Tao says that many judicial officials whom she met during her US tour were positive about establishing direct judicial communication between the two countries.

Connecticut Makes First Ever Compensation Payment to an Exoneree

Exoneree compensation was approved by the CT legislature in 2008, but the state has just made its first ever compensation payment to Kenneth Ireland who spent 21 years in prison after being wrongfully convicted of rape and murder.

Ireland was awarded $6 million on Thursday by the state’s Office of the Claims Commissioner.

See the aol.com story here.

 

Thursday’s Quick Clicks…

Marissa Alexander Out of Prison – But It’s Not Over

We’ve previously reported on the Marissa Alexander case here.

This is one of the stupidest prosecutions I’ve seen in my years of doing this.  Angela Corey, the Florida State’s Attorney in the case, should be ashamed for setting such a shining example of prosecutors run amok.

Marissa fired a warning shot at her enraged and abusive husband, who had threatened to kill her, in fear for her life.  She was charged, tried and, despite the fact that Florida has it’s infamous “stand your ground” law, was convicted and originally sentenced to 20 years. She successfully appealed, and was facing a new trial — with a potential 60 year sentence.

Please see the Daily Kos story here.

Wednesday’s Quick Clicks…

“Friendship Nine’s” Convictions Vacated

F9

Pioneers of the civil rights lunch counter sit-in’s in South Carolina, known as the Friendship Nine, have had their convictions vacated and their names cleared.

See the CNN story here.

National Registry of Exonerations: 2014 was Record-breaking with 125 Exonerations in U.S.

For the first time, more than 100 exonerations were recorded in the United States in one year. According to The National Registry of Exonerations Report for 2014, 125 exonerations of innocent criminal defendants mark an increase of 34 over the prior record of 91 in 2012 and 91 again in 2013. The report notes the work of Conviction Integrity Units in the increase.

“The big story for the year is that more prosecutors are working hard to identify and investigate claims of innocence. And many more innocent defendants were exonerated after pleading guilty to crimes they did not commit,” said Michigan Law Professor Samuel Gross, editor of the National Registry of Exonerations and the author of the report.

Both the number of Conviction Integrity Units and the exonerations they produced increased in 2014. There were 49 CIU exonerations in 2014, including Continue reading

Monday’s Quick Clicks…

Debra Milke Trial on Hold Pending Appeal

DM

We’ve been following the Debra Milke case on this blog.  See here, here, and here.

Here is a recent update from TV5 KPHO in Phoenix, AZ.

Another conviction reversed because of misleading PowerPoint images

Last month, this blog highlighted here a Marshall Project report on how prosecutors are winning convictions through the egregious misuse of PowerPoint presentations.

Now, the Marshall Project reports here the reversal of yet another conviction because of prosecutors’ use of inflammatory and misleading PowerPoint images during a trial. That brings the total of such reversals to 11, the Marshall Project says. There likely will be more.

Wednesday’s Quick Clicks…

  • How the Irish Innocence Project got justice for Harry Gleeson; here’s a video about their work
  • Exoneree Jeffrey Deskovic will share his story at the Sundance Film Festival
  • Bill filed in Alaska that would provide compensation for exonerees
  • Friendship Nine’ To Be Exonerated 54 Years After Bold Stand Against Segregated Lunch Counter in Rock Hill, SC
  • Brooklyn DA investigating allegations of NYPD officers planting guns on innocent people
  • Victims of two of Britain’s most worrying miscarriages of justice of modern times are to take the Justice Secretary, Chris Grayling, to court over changes to the law stopping them from receiving compensation for the 24 years they wrongly spent behind bars. Victor Nealon, who spent 17 years in prison for attempted rape before his conviction was quashed, has begun legal action after being left penniless, suffering from post-traumatic stress and unable to work as a result of his wrongful imprisonment. He has been joined by one of Britain’s youngest miscarriage of justice victims, Sam Hallam, who, aged 17, was convicted of murder after a trainee chef was stabbed during a fight in London.  Keep reading….
  • Annual report of the Wits Justice Project in South Africa
  • Chicago police videotaping photo lineups and live lineups under new law

Shaken Baby Syndrome Decision in Sweden

Score one for sanity, logic, reason, and science.

There has been a recent decision (October, 2014) by the Swedish Supreme Court that calls into question the scientific validity of the classic “triad” SBS diagnosis. According to the triad diagnosis, the symptoms of retinal hemorrhage, subdural hematoma, and diffuse edema of the brain are pathognomonic (exclusively indicative) of violent shaking or abusive head trauma.  The “triad” has been the mainstay of SBS prosecutions for decades, but in recent years, has come under increasingly critical scrutiny.

These quotes from the testimony of experts before the Swedish court:

It can be concluded that, in general terms, the scientific evidence for the diagnosis of violent shaking has turned out to be uncertain.”

The controversy is not about whether it is harmful to shake a child violently. The issue under discussion is with what scientific certainty it can be established how various injuries found in a child have arisen. The claim that the occurrence of the triad is strong evidence that violent shaking has occurred goes back to the late 1960s; however, the medical evidence for it was relatively thin. But the claim became generally accepted and grew into medical truth over several decades, even though the situation in terms of evidence did not change. It is known that a very large share of fundus haemorrhages are not linked to violence and arise in another way. Nor has it been shown that nerve fibers are torn, and that the brain therefore begins to swell, in connection with violent shaking. It can also be asked whether violent shaking can occur without neck injuries arising… To sum up, it can be said that the scientific support for the diagnosis of violent shaking is uncertain.

Sue Luttner, who edits the blog OnSBS, has done an excellent job of summarizing this decision and the case it involves, and has posted it on her blog here.

 

Federal Judge Blasts Yet Another Federal Prosecutor for Lying to the Court

On a recent occasion, this was a federal judge to an Assistant US Attorney:

“You’re branded a liar, and you’ll remain a liar for the rest of your life.”

For the rest of the story … see the New York Observer story here.

Wednesday’s Quick Clicks…

Update on the National Registry of Exonerations

In case you haven’t been able to check in on the National Registry of Exonerations lately, here’s an excerpt from the most recent data.  Note the total is now up to 1,512, and the trend line is definitely UP.

exon dna non

exon cont fact

exon fact crime

I won’t belabor you by pointing out some of the more obvious observations.  Just a few minutes of study will (should) lead you to some very clear conclusions.

It has been reported that the folks at the Registry are hard at work trying to incorporate the exonerations being generated by the newly formed “conviction integrity units” (CIU’s).  For these cases the prosecutors running the CIU’s may not be very motivated to have their exonerations logged into the Registry.

I can’t gush enough about how critical and important this data is.  It is this kind of HARD DATA that will provide the foundation for much needed and long overdue justice system reform.

DA to Appeal Shaken Baby Conviction Reversal

We have previously reported on the Reneé Bailey case here.

Reneé Bailey, a day care provider in Greece, New York, was convicted in 2001 of shaking 2½ year old Brittney Sheets to death.  She was confined in prison until NY State Supreme Court Justice James Piampiano granted an evidentiary hearing in the case to consider the new scientific findings regarding SBS.  She was released without bail in December, 2014, and her conviction was reversed; the first SBS conviction reversal in New York state.  See the Rochester Democrat & Chronicle story here.

Now, in a recent announcement, the Monroe County, NY District Attorney, Sandra Doorley, has declared her intention to appeal the conviction reversal.

See that Rochester Democrat & Chronicle story here.

While this is certainly not good news for Ms. Bailey, who has already served 13 years in prison, there could be a silver lining to this ominous dark cloud. If the conviction reversal is upheld on appeal, this will establish some substantial legal precedent in favor of true science, rather than outdated medical dogma, in the evaluation and disposition of SBS cases.

Stay tuned.

Derrick Hamilton exonerated in New York; Alan Beaman pardoned in Illinois

In two separate cases, men who were convicted and imprisoned for murders they did not commit had a very good week as officials recognized their innocence on Friday, January 9. Both had been released after years in prison but had continued to fight to clear their names and reputations.

Derrick Hamilton spent 21 years in prison for the 1991 murder of Nathanial Cash in Bedford-Stuyvesant, Brooklyn, New York. In prison, he steadfastly proclaimed his innocence knowing that this worked against his opportunities for early parole. He remained in prison even after the sole witness — Cash’s girlfriend whose Continue reading

Breaking News: Irish Innocence Project Exonerates Executed Man…

From RTE:

A man who was hanged for murder over 70 years ago is due to be pardoned.

Harry Gleeson was executed for the murder of Moll Mc Carthy who was shot dead in Tipperary in November 1940.

Minister for Justice Frances Fitzgerald is due to bring a memo to Cabinet in the next few weeks recommending the President pardon Mr Gleeson.

The Department of Justice reviewed the case following a submission last year from the Irish Innocence Project, based at Griffith College in Dublin.

RTÉ News understands that the review, conducted by Senior Counsel Shane Murphy concluded accepted new evidence which merited a pardon being granted to Harry Gleeson.

A neighbour of Ms Mc Carthy, an unmarried mother of seven, Harry Gleeson reported the discovery of her body.

Three months later he was hanged for her murder.

Thursday’s Quick Clicks…