Tag Archives: prosecutorial misconduct

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The Cure for the Cynical Prosecutors’ Syndrome: Rethinking a Prosecutor’s Role in Post-Conviction Cases

“The Cure for the Cynical Prosecutors’ Syndrome: Rethinking a Prosecutor’s Role in Post-Conviction Cases” by Laurie L. Levenson  of the Loyola Law School in Los Angeles was recently published by the Berkeley Journal of Criminal Law. The abstract reads:

One of the biggest challenges facing the criminal justice system is dealing with the growing tide of post-conviction petitions claiming wrongful conviction. Each year, the number of exonerees grows. In 2014, an unprecedented 125 exonerations were recorded in the United States. In analyzing how post-conviction matters are handled, it becomes apparent that one of the key roadblocks to remedying these injustices is not, as some have suggested, the attitude of young prosecutors. Rather, senior prosecutors also suffer from a type of “Cynical Prosecutors’ Syndrome” that impairs their ability to play a constructive role in the exoneration process. This article discusses the role of prosecutors in the post-conviction process, analyzes current studies of prosecutorial attitudes, and proposes reforms to ensure that meritorious post-conviction challenges are handled properly.

You can download the full article here.

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Sam Gross, editor of the National Registry of Exonerations, recently wrote an editorial for the Washington Post: The Staggering Number of Wrongful Convictions in American

In Hawaii, attorneys say they can prove that the investigation and prosecution resulting in Taryn Christian 1995 murder conviction were rife with fraud

Illinois exoneree Alprentiss Nash who was convicted of murder in 1995 and released in 2012 after DNA tests proved his innocence, was fatally shot Tuesday after an argument

New York’s highest court denies State’s appeal of 2014 court decision overturning the 1993 kidnapping convictions of Everton Wagstaffe and Reginald Connor…

New Conviction Integrity Unit formed in Orange County, New York…

Monday’s Quick Clicks…

Attorneys for Howard Guidry accuse Former Texas Prosecutor Kelly Siegler of withholding evidence in Guidry’s 1995 murder trial just a week after another man prosecuted by Siegler, David Mark Temple, had his conviction overturned for the same reason…

Daniel Scheidell finally returns home a month after his 1995 conviction was overturned by a Wisconsin Court…

Advances in DNA technology pave the way for inmates to get new tests on evidence…

Evidence of Police Dishonesty Leads to Overturned Convictions Nationwide

The Gotham Gazette asks, “Are DA’s Doing Enough to Overturn Wrongful Convictions?”

Tuesday’s Quick Clicks…

In Canada, a wrongfully convicted man has been exonerated 45 years after being convicted of manslaughter…

Lincoln Caplan argues in the New Yorker that a recent SCOTUS ruling, overturning a Ninth Circuit decision calling for the retrial or release of a California inmate on death row, will have dire effects on prisoner rights…

New evidence of prosecutorial misconduct may be the key to overturning former No Limit rapper’s manslaughter conviction…

In Kansas, protesters aim to raise awareness for those who are wrongfully convicted…

Federal Judge Unsettled by D.A.’s Apparent Indifference in Wrongful Conviction

According to The Wall Street Journal (here), Federal Court Judge Frederic Block expressed frustration with the apparent indifference Brooklyn (NY) District Attorney Charles Hynes has shown in response to the “aberrational behavior” of one of his top prosecutors in a case that led to the wrongful conviction of Jabbar Collins in the 1994 murder of Rabbi Abraham Pollack.

Collins, a 10th grade drop-out with high school equivalency and some college, proclaimed his innocence and dedicated himself in prison to utilizing state and federal records laws to obtain information about his case. He bumped into Continue reading

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

Tough-on-Crime Prosecutor Fights for Job After Resisting DNA Testing

In dueling commentaries in the Austin (TX) newspaper The Statesman, Williamson County District Attorney John Bradley here and John Raley (eight-year pro bono attorney on the Innocence Project team that represented Michael Morton) here, are giving voters two versions of why Michael Morton spent an extra 2,400 days in prison for a crime he did not commit. At stake is an election in which Bradley is struggling to keep his job. Bradley, who has been a popular tough-on-crime prosecutor in Texas for ten years, is trying to refocus the race on anything but the issue that is dominating it: His long record of resisting a second look at the conviction of Michael Morton.

For those who have observed prosecutorial resistance to post-conviction DNA testing that eventually proved a wrongful conviction, the story is tragically familiar. Continue reading

U.S. News Programs Explore Systemic Wrongful Conviction Issues

Millions of Americans had their eyes opened to two important criminal justice issues—prosecutorial misconduct and wrongful conviction compensation—as national television news programs explored topics related to wrongful conviction last night, Sunday, March 25, 2012. Ohio Innocence Project Director Mark Godsey previously announced these programs on this blog. If you missed them, see the video link here to the 14-minute segment of CBS’s 60 MINUTES with Michael Morton, who spent 25 years in prison before DNA proved he didn’t murder his wife. The piece explores the case that has prompted a rare judicial inquiry into allegations of prosecutorial Continue reading

Will Florida governor seek review of cases involving discredited witness?

Governor Rick Scott has formally apologized “on behalf of the state of Florida” for the 27 years William Dillon spent in prison for a crime he did not commit.  He has also signed a claims bill of $1.35 million.  It took another three years of Dillon’s life to navigate the process of getting compensation from the state. But Dillon remains unsettled over the thought of others wrongfully convicted by the now deceased John Preston, Brevard County authorities’ go-to witness whose German shepherd had quite a nose. Preston claimed he could pick up a scent in the middle of a lake Continue reading