Mike Farrell: Human Rights Activist

Anne — February 3, 2012 @ 10:29 AM — Comments (0)

NOTE: This is the second (and final) installment of an interview with Mike Farrell,  a life-long opponent of the death penalty. Part I appeared on February 1, 2012.

Anne:  How has your public work affected your view of the criminal justice system in the United States in terms of death penalty cases involving questionable sentencing?

Mike Farrell: It has taught me that the criminal justice system in general is not just. It is anti-human, degrading and shows no interest in helping those who get caught up in it learn how to comport themselves appropriately and become productive citizens. It is, in my view, a destructive system that makes huge profits for some people and companies at great costs, not only to those who are incarcerated, but to our entire society.

Anne:  The execution of Donald Beardslee (California, 2005) attracted  a number of  anti-death penalty advocates. Can you speak of a specific capital punishment case in which you were involved that addresses state-sanctioned killings involving persons with limited capacity to understand their actions and/or subsequent fates?

MF:  There are too many: Robert Alton Harris in California, Johny Paul Penry in Texas (has not yet been executed, but they keep trying), Ricky Ray Rector in Arkansas, Barry Fairchild in Arkansas, Wanda Jean Allen in Oklahoma.  The Supreme Court’s 2002 decision regarding Daryl Atkins, in Virginia, stopped the execution of mentally challenged individuals, though they left the determination of who was or was not mentally challenged up to the states. Human Rights Watch released a study (around 2005) stating that we have more than 250,000 demonstrably mentally ill people in our prison system, more than in our mental institutions.

Anne:  Do you believe that it is an individual state’s right to impose a moratorium on capital punishment, or do you feel that the issue should be addressed in a broader forum (by higher court’s outside one’s state)?

MF:  I think, especially given the current makeup of the United States Supreme Court, it will be a state-by-state process that will create (as did the Simmons Case about the death penalty for juveniles) a clear sense that the people of the United States recognize that there is no longer any value to maintaining the death system.

And yes, of course, each state has the right to declare a moratorium on state killings. It happened here in California six years ago, though it was imposed by a judge. We’re still waiting for the final determination. In Illinois, then-governor Ryan declared a moratorium and ordered a study of the death penalty. That eventually led to his clearing the state’s Death Row by commuting almost all death row inmates to life without parole. He pardoned some outright.

New Jersey did such a study and decided to end the death penalty. Pennsylvania has just ordered a study and I hope it has the same result.

Anne:  A number of individuals who have been sentenced to Death Row in specific cases across the United States have also been exonerated due to DNA evidence. How does such testing (and its results) help bolster your argument that the courts oftentimes “get it wrong” in terms of sentencing a person to death for crimes for which they have been found guilty?

MF:  I think the exoneration of 139 people (so far in the modern era) from our death rows, after being charged, tried by a “jury of their peers” and sentenced to death, proves the fallibility of the system and demonstrates the wrong-headedness of giving the state the right to take a life.

I would quickly add, though, that most of those exonerated have not been freed because of DNA [evidence], but because of the dogged pursuit of justice by caring lawyers, relatives, students and people of faith. DNA evidence, while it can be an enormously powerful tool, is not available in most murder cases.

Anne:  If you witnessed (or read reports of) the Republican presidential debate in September 2011, where Texas governor Rick Perry was cheered regarding his stance on capital punishment (which he supports as a “state’s right” issue), what message  do you believe the audience’s rancorous behavior sent in terms of the national reception to (and acceptance of) capital punishment?

MF:  I don’t think the frightening (and, to me, disgusting) behavior of the audience at that debate is representative of the vast majority of the poeple in this country. While some polls show a majority of Americans still support capital punishment, those numbers are falling, and, in fact, when people are offered the option of life without parole (LWOP), more indicate support for LWOP.

Anne: Your anti-capital punishment advocacy through the year has led you to write, speak and organize nationally and internationally on various aspects relating to death penalty and human right issues. Can you  discuss some of your current projects and how they might serve to initiate a broader political discourse in the area of anti-death penalty matters?

MF:  I chair Death Penalty Focus, an ablition organization based in San Francisco, California. We have been working to help people better understand the truth about the death system and how it is failing us–in fact harming us–as a society. With the rise in public awareness of the failings inherent in capital punishment, we are now at a point where a coalition has been put together to put the question of replacing the death penalty with life without parole here in our state. It will save the state millions of dollars, provide more funding for police to solve the huge number of unsolved rapes and murders, and ensure that we no longer run the risk of killing an innocent person.

A case with which I’ve been involved for many years is that of Joe Giarrantano, in Virginia. Joe was sentenced to death in 1979, and was spared at the last minute from execution in 1991 by then-governor Douglas Wilder. We made a strong showing that Giarrantano deserved a new trial, but, again, Governor Wilder went halfway. He spared Joe’s life but tuned the question of a new trial over to the state’s Attorney General, who was not inclined to take the risk of Joe’s being found innocent (which I believe him to be). For that reason, Joe remains in prison to this day, a fact that sickens me.

Anne:  You have been the recipient of numerous awards and accolades for your decades-long efforts in raising awarness of various human rights issues. Undoubtedly your work has resonated with various “anti-groups” across the globe. Is there an exclusive award or accolade that has specific affection for you becuase you can clearly see the evidence and impact of your work?

MF:  One doesn’t do this work to win awards. The progress that the abolition movement is making inspires me. The fact that New York, New Jersey, New Mexico, and Illinois have chosen to end the use of state killings makes me know we will prevail. But perhaps the “award” that means the most to me is that, despite the fact that he remains behind bars, Joe Giarrantano is alive and able to do good work helping fellow inmates in Virginia.

Anne:  I believe that advocacy of a cause begins as a grassroots effort with a capacity to grow into a much larger movement. What can the average citizen do to involve him/herself in issues related to capital punishment and other human rights  issues?

MF:  If they care, people can read a bit, study it [human rights issues and death penalty cases] if they choose, and learn the facts about how the system is doing harm to all of us. When we spend more money on prisons than on colleges, there is something terribly wrong with our society. People need to be less quick to judge “wrong-doers” and more willing to look at the circumstances of the lives of too many people in our society who have been left behind and deemed invisible. If kids grow up thinking they have no value, they think no one else has any value either. If kids grow up surrounded by violence, how do we expect hem to undersand that violence is wrong?

We have work to do to make this society live up to its promise–for everyone.

 

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Weekly Update: Coincidence Is Not the Standard and DNA Database Expansion

Chelsea — @ 10:10 AM — Comments (0)

Missouri Man, Clayton Price, Exonerated.

Clayton D. Price of Taney County, MO, served seven years for a sexual assault he did not commit until his conviction was overturned last Thursday. Price was wrongfully convicted in March 2004 for sexually abusing his fiancée’s six-year-old daughter.  According to the Innocence Project, these allegations stemmed from the little girl’s paternal grandmother, who was seeking full custody of the child. Price’s conviction was overturned by St. Louis Circuit Judge J. Edward Sweeney, leaving Price free. The Midwest Innocence Project assisted Mr.Price in getting his conviction overturned. Read more here.

NY State Senate Passes DNA Database Expansion Bill

We have mentioned the DNA database expansion  bill suggested by New York Gov. Andrew Cuomo several times in recent weeks (see here and background on the bill here). Governor Cuomo said of the bill, “this critical crime fighting resource embraces technology to help protect the innocent and convict the guilty. I call on the Assembly to [pass the bill] so I can sign this bill into law immediately.”

While the measure is a step in the right direction for justice system reform it is not enough in the eyes of New York State Bar Association President Vincent E. Doyle III. Doyle released a statement January 31 saying, “we agree with the Governor that expanding the DNA database would help exonerate the innocent and convict the guilty. However, a State Bar report found that wrongful convictions are caused by a number of other factors as well.” Doyle went on to suggest that the Legislature consider instituting more reforms. He listed the following as measures he hopes the Legislature will pursue:

  • requiring the videotape recording of police interrogations;
  • addressing mistaken-identity testimony with changes in how police lineups are conducted; strengthening a prosecutor’s obligation to turn over evidence favorable to the defense;
  • allowing a defendant who had pled guilty to a crime he or she did not commit to petition a judge to obtain a DNA test

The Nation’s 140th Death Row Exonoree Goes Free

Joe D’Ambrosia was finally exonerated last week in Ohio. D’Ambrosio was the 140th person to be exonerated from U.S. Death Rows.

While the proof of his innocence is wonderful, the detail of D’Ambrosia’s case isn’t very uplifting. According to Amnesty International, “Mr. D’Ambrosio’s exoneration came about because of a chance meeting with a Catholic priest who was visiting another inmate.  The priest, Rev. Neil Kookoothe, happened to have legal training and decided to look into the case himself.  As Kevin Werner, executive director of Ohioans to Stop Executions, put it: ‘Coincidence is not the standard we should be comfortable with when our justice system is seeking to execute people.’” Amnesty noted that Ohio conducts the second-most executions of any state in the U.S., but because of issues with “botched executions and wrongful convictions” the state has formed a special task force to investigate the way Ohio conducts capitol punishment.

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Mike Farrell: Human Rights Activist

Anne — February 1, 2012 @ 11:34 AM — Comments (0)

Mike Farrell, actor and life-long opponent of capital punishment, often and passionately speaks about the inhumanity of state-sanctioned killings and our collective response to it.  He believes that there are “appropriate sanctions that protect society and punish wrongdoers without forcing us to stoop to the level of the least among us,” and he is hopeful that public response against capital punishment “will at least give [people] pause in their support for death.”

Among a myriad of reasons for his belief that capital punishment should be abolished, Farrell sees the abolishment as a cost-effective measure, arguing that a life sentence “spares us the barbarity of killing our own [as well as it] it teaches our children that violence will be punished, but not by emulating the violent.” We shouldn’t be willing, he asserts, to “continue to share the killing stage with some of the world’s worst human rights violators.”

In a recent  interview, Farrell  discusses his work over the years, what he sees as a viable alternative to capital punishment, and what he views as some of the greatest barriers to its repeal in the United States.

Anne:   What experiences, if any, helped shaped your views on the need for the abolishment of the death penalty?

Mike Farrell:  Working with a program for ex-offenders in the 60s took me into prisons for the first time. The soul-crushing dehumanization in these institutions troubled me deeply. I wondered how anyone whose life experience had been so miserable that he or she had responded by acting out in a violent or anti-social way and [who] ended up in one of these places could ever be expected to get better under the circumstances that were present.

I had been taught as a child that “thou shall not kill,” and I took it to heart. Believing that killing was wrong, I thought it was just as wrong for the state to do it as for an individual to do it, so I signed petitions and spoke against the death penalty in conversations but was not particularly active on the issue. After the death penalty was reinstated by the Supreme Court in the Gregg Decision (in 1976), I was contacted by Reverend Joe Ingle, who ran the Southern Coalition on Jails and Prisons. I was doing a television show at the time and Joe asked me to help him head off what he saw as a coming avalanche of killing by the State. Joe took me to my first Death Row, at Tennessee State Prison, and introduced me to a number of abolitionists with whom he worked. That began what has become thirty years of working to abolish capital punishment.

Anne:  Do you believe that a person convicted of a heinous crime and sentenced to death is capable of being rehabilitated if given a life sentence without the possibility of parole?

MF:  Absolutely. Of course it depends on the individual, but I believe in the ability of human beings to transform their lives. I’ve worked with many people over the years whose life experience has been so immiserating that it defies belief, but I’ve seen them overcome circumstances and experiences that defy the imagination and become powerful, meaningful, and productive citizens.

Let me quickly add  that though I absolutely believe in the capacity of even the most damaged individual to transform his or her life, I realize that some may be so bent by the cruel circumstances of their experience that it would not be safe to release them into society. For that reason, I believe we should maintain the penalty of life in prison without the possibility of parole as a last resort.

Anne:  If you are aware of the Troy Davis case (Georgia, September 2011), where worldwide attention–and much controversy–surrounded his execution, what response do you have to those who believe that Davis “got what he deserved” for his involvement in the killing of the off-duty police officer, despite overwhelming evidence that pointed to Davis’ innocence.

MF:  I corresponded with Troy and knew his sister. Bless them both. I think it was a huge miscarriage of justice that the State of Georgia refused to stop the execution in spite of the serious doubts about his guilt and the international outcry against his execution. Those who support his having been executed, in my view, either do not fully understand the facts of the case or are blinding themselves to reality. Both views are further evidence of why we must stop this hateful process [of state-sanctioned killings].

Anne:  Your involvement in the anti-death movement is long and varied. Can you discuss one or two particular cases wherein the convicted person’s repetitive claims of innocence led to a re-evaluation of their case and their (subsequent) sentencing to life without parole?

MF:  Well, let’s be clear: The re-evaluation and re-sentencing of someone usually results when it is proven in court or demonstrated to a head of state that while the individual may be guilty, the circumstances of the crime, the mitigating factors in the individual’s life or the changes he or she has demonstrated while incarcerated show that death is not appropriate.

However, in some instances it’s not the proverbial ‘half a loaf.’ In the internationally known Pennsylvania case of Mumia Abu-Jamal, the federal court threw out the death sentence because of an error by the trial judge and ordered the Philadelphia District Attorney to either re-try the penalty phase of the case or agree to a sentence of life without parole. The D. A. appealed the decision and recently lost, so Abu-Jamal’s sentence has been changed to life without parole. For many people who believe him innocent, that is not a satisfactory conclusion to the matter.

I, for one, feel that Mumia Abu-Jamal never received a fair trial and deserves one. I can’t comment on his guilt or innocence since there are contradictory allegations and many contrasting “facts” that pollute the case, but it’s quite clear to me that he deserves a fair trial and will not–and should not–be content with a life sentence.

Anne:  In Florida, there have been thirteen men who have been exonerated through DNA evidence. One of the men, Frank Lee Smith, died in prison (after having served 14 years behind bars) before his scheduled release date. Another man, James Bain, has the dubious distinction of having served, at 35 years, the nation’s longest sentence behind bars for a crime he did not commit. Has your work involved any aspect of court-ordered DNA evidence, and, if so, how has such DNA evidence impacted your work on capital punishment cases?

MF: I believe the DNA test in Frank Lee Smith’s case proved him innocent after he died in prison. That is a ghastly error and should move the people of the State of Florida to demand an end to capital punishment. I don’t see DNA [however] as the ‘magic bullet’ that will solve all the issues pertinent to capital punishment, but  innocence projects are doing a fine job of using it to demonstrate–in over 250 cases so far–that wrongful convictions take place regularly.

It’s important to point out, though, that fewer than twenty of their [Innocence Projects across the nation] DNA exonerations have been for people sentenced to death. That’s because murders often take place without any traceable DNA (blood, semen or tissue) being left at the scene by the perpetrator.

Anne:  In your work as an advocate against capital punishment, what do you see as some of the greatest barriers to its repeal in the United States? People’s attitudes? The courts’? An eye-for-an-eye mindset by victims’ families? People’s religious views?

MF:  All of the above. Many of our nation’s citizens have been frightened into averting their eyes from a horrendously broken system by prosecutors’ stories and a sensationalistic press, both of which emphsize blood, gore and violence. Out of fear and revulsion, they go along with it, assuming the condemned are ‘getting what they deserve,’ and that ‘they [the accused]  don’t deserve to live.’  These attitudes are bolstered, in some instances, by fundamentalist religious teachings, a vague notion that the Bible supports it, or a belief that the court and the law in general are handling things well enough, despite the fact that they are not.

Anne:  Statistics show that people of color are disproportionately sentenced to death more frequenty than others accused of the same crime. Can you address the issue of racial disparities associated with death penalty sentencing among minorities and what perhaps accounts for such disparities?

MF:  There’s no question that racism taints the use of the death penalty and everyone who pays attention knows it. Despite the Supreme Court’s unwillingness to face it in the McClesky Case many years ago, the rise and growing interest in the Racial Justice Act in this country is evidence of the inevitability of the exposure of the rampant racism in the criminal justice system and ultimately the end of the death penalty.

NOTE: This is the first part of a two-part interview with Mike Farrell. Farrell is perhaps best known as “Captain B. J. Hunnicutt” from the CBS show M*A*S*H, where he appeared from 1975-1983.

Farrell is actively involved in numerous abolition and human rights organizations, including: the National Coalition to Abolish the Death Penalty; the Human Rights Watch, where he served as Co-Chair of the California Committee from 1994-2005; the Committee to Save Mumia Abu-Jamal, which he co-chaired with Ossie Davis from 1994-2002; and the ACLU, for its “active and effective opposition to the death penalty.” An activist in every aspect of the word, he was recently bestowed the Donald Wright Award for “Special Contributions to the Criminal Justice System” by the California Attorneys for Criminal Justice. He is the second person to receive the award who is neither an attorney or judge.

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Congress Is Stalling Out on Forensic Science Reforms: Why?

Chelsea — January 31, 2012 @ 5:03 PM — Comments (0)

A three year old report by the National Academy of Sciences brought to light the disturbing state of forensics and criminal labs in the United States. Contrary to what Law & Order and CSI would have us believe, the work conducted by these organizations is oftentimes little better than junk science and guess work. These methods, such as analyzing bite marks or the markings on a bullet, can often lead to wrongful convictions.

When this report was released it was met with a great deal of shock and a seeming desire for reform. Democratic Senator for Minnesota Al Franken called the report’s conclusions “damning” and “terrifying.

It would seem, based on reactions to the bill, that Congress would’ve taken action to pass legislation reforming forensic sciences, and yet three years later there is no new legislation on the books. Early last year Patrick Leahy, a Democratic Senator from Vermont and Senate Judiciary Committee Chairman, introduced a bill that would enact a number of the reforms suggest by the NAS’s report. Here in Florida we are no strangers to the lack of motion that seems so often to occur in the legislature (still no movement on William Dillon’s compensation), and that is exactly what is happening with this bill. Even if this bill does pass in its current form, there is a major disconnect between the recommendations of the NAS and the bill’s reforms according to ProPublica; the report says that the formation of a national forensic science agency to act as an oversight mechanism would be a good foundation. The bill does call for the formation of such an agency, but suggests nesting it within the Department of Justice. The NAS’s report says:

[N]o existing or new division or unit within DOJ would be an appropriate location for a new entity governing the forensic science community… The entity that is established to govern the forensic science community cannot be principally beholden to law enforcement. The potential for conflicts of interest between the needs of law enforcement and the broader needs of forensic science are too great.

This separation is not for lack of trust in law enforcement or the Department of Justice, but instead because it is required to allow the agency to function effectively as an oversight mechanism. Marvin Schechter, a former member of the committee that wrote the report, said, “For over 100 years, forensic science in this country has been under prosecutorial law enforcement control, and it’s been a disaster.”

Innocence Project co-director and co-founder Peter Neufield says that a national forensics agency involved with the DOJ doesn’t have to be an either- or decision, but instead argues that such an organization should be a collective initiative.

Leahy’s bill has largely stalled out, and no other bill is on the table at present, though West Virginia Democrat Senator John Rockefeller is also considering forensic reform legislation.

We’ll be keeping an eye out for a new bill so that we can finally bring our forensic science up to par and stop putting innocent people behind bars.

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News This Week: Exoneration is Only Half of the Battle & DNA Reform

Chelsea — @ 4:43 PM — Comments (1)

Exonoree Scott Fappiano Struggles After His Name Is Cleared

In 1985 Scott Fappiano was wrongfully convicted of the rape of a police officer’s wife in the Brooklyn Supreme Court. He was 23 when he was incarcerated, and remained in prison until he was proved innocent by DNA evidence and exonerated at the age of 45.

For Fappiano, like many other exonorees, exoneration was only the first step in the battle of getting his life back. Since his release, Fappiano has dealt with multiple substance abuse issues as a result of his anxiety and post traumatic stress that he developed as a result of  his wrongful incarceration. Fappiano now faces more jail time for crimes he admits to having committed as a member of the reputed Colombo crime family in New York. Fappiano’s attorney argues that his ordeal with the criminal justice system has already taken a huge toll and is asking the court for leniency. Read more here.

UPDATE: Fappiano received a light sentence for his use of extortion and violence in collecting a debt. On Wednesday he was sentend only with the month that he had already served  before making bail. He will also have to pay a $40,000 fine and serve 180 hours of community service.

Pennsylvania Legislature Considers Compensation Laws for Exonorees

Pennsylvania’s legislature is discussing wrongful convictions, their causes and potential remedies including compensation for exonerated victims. Currently, Pennsylvania is one of 28 states that does not compensate its exonorees once they are released from prison. According to an article from Pennsylvania’s Innocence Institute, exonorees receive less assistance reentering into society than do parolees. Parolees can receive help finding house, with job training, and then help with finding jobs.

Not so with victims of the justice system.

Exonoree Danny Tyus lost everything during his time behind the jailhouse door; his children no longer recognize him as their father, and he lost his house, his car, and all of his financial holdings. It seems incredibly backwards that if wrongfully convicted people serve their sentence and are eventually let out on parole then they would have access to a litany of resources to aid in their reentry to society, yet those proven innocent, those who have served time for crimes that they never committed, are sent out without any help or guidance. Are we to encourage criminal behavior? Or just to reward those who stay silent and suffer in spite of their innocence.

The proposed compensation legislation would provide $50,000 per year spent in prison to exonerated citizens. Hopefully Pennsylvania’s legislature will move forward on the road towards legal reform and pass the bill, soon.

Jackson, MS Exonoree Receives Settlement Result of Police Misconduct

Cedric Willis sued the city of Jackson, MS, as well as four police officers. His suit finally paid off with the city agreeing to a $195,000 settlement with Mr. Willis. Cedric has already been rewarded $500,000 in compensation for his wrongful incarceration to be paid by the state over 10 years.

Willis served 12 years in jail for a homicide and three counts of robbery, none of which he committed. His suit argued that Jackson police officers acted unprofessionally by lying about eyewitness testimony that led to Willis’s arrest and ultimately his conviction.

Willis’s attorney Rob McDuff was disappointed with the settlement, but cites a recent U.S. Supreme Court decision regarding eyewitness identification as making this sort of case difficult to win.

Hopefully this settlement and Willis’s previous compensation will aid in his transition back into society. Read more here.

Law & Order Star Mariska Hargitay Endorses  DNA Database Expansion

Last week New York Governor Andrew Cuomo announced his desire to make New York the first state to expands its DNA database to improve the justice system. Currently, DNA is collected from only about half of defendants convicted of a crime. Cuomo’s initiative would expand that collection to cover all crimes, which he says would aid in solving and preventing future crimes as well as exonerating wrongfully convicted individuals.

Law & Order: SVU star Mariska Hargitay released a video yesterday expressing her support for this initiative. Hargitay, who has played New York Detective Olivia Benson for over a decade, said that this role opened her eyes to the realities of sexual and physical abuse that occurs in this country every day. In her video she focuses on how the expansion of the DNA database would bring healing and justice to the survivors of sexual and physical assaults.

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YouTube DirektMariska Hargitay Support DNA Expansion

Chicago Exonoree Thaddeus Jiminez Wins $25 million for wrongful conviction

Thaddeus “TJ” Jiminiez, spent 16 years in a Chicago prison for a murder he did not commit. Now, three years after Jiminez was exonerated and received his certificate of innocence, he won a civil suit against the city of Chicago and was awarded $25 million. His attorneys believe this award to be the largest ever received from a wrongful conviction civil suit.

At 13-years-old Jiminez was convicted of the murder of 19-year-old Eric Morro. The murder was believed to have been a gang-related shooting. Jiminez was freed after a witness recanted and police examined a recording of another man confessing to the shooting.

Unfortunately, this decision may not be the end of the ordeal for Jiminez. A spokesman for Chicago’s law department Roderick Drew said that the city is exceptionally displeased with the outcome and will be exploring all available options.

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Six Years Ago Today

Seth — January 23, 2012 @ 9:23 PM — Comments (1)

Alan Crotzer, walking free with his attorneys Sam Roberts (left) and David Menschel (right), on January 23, 2006, after 24.5 years of wrongful incarceration.

Congrats Alan on six years of freedom.

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Florida Innocence Commission Meeting

Chelsea — January 22, 2012 @ 2:52 PM — Comments (0)

The Florida Innocence Commission will have its next meeting on Monday, February 13th. The meeting will take place at 9 am at the Florida Supreme Court in Tallahassee. As has been previously discussed on our blog, the Commission has already discussed eyewitness misidentifications and false confessions. The Commission has not, as of yet, announced what the topic of discussion will be for this meeting, but they have been charged with addressing informant testimony, scientific evidence (including DNA testing) and professional responsibility before their final report is due this June.

In the Commission’s Interim Report, released last June, the Commission’s Chair Judge Perry Belvin Jr. wrote, “we cannot ignore what must be done in order to improve our ever-evolving criminal justice system.  We must continue to be vigilant in seeking and maintaining the spirit of cooperation between the courts, law enforcement, and other agencies in identifying issues and implementing solutions.” I find this remark to be particularly poignant and important, and think that it highlights a critical component of legal reform. Right now the justice system is critically flawed because of the refusal of many parties involved in that system to change and adapt. Because law enforcement agencies have not changed their lineup procedures (at least not on a broad scale), we still see countless eyewitness misidentifications. Because of all of the hoops and regulations required to qualify for DNA testing, countless innocent people have been stuck in prison without a way to prove their innocence. It is of the utmost importance that we continue to evaluate the way our justice system is working and adapt to the changes that come with time. While the Florida Innocence Commission is certainly a step in the right direction, a commission lasting a couple of years doesn’t provide the kind of constant oversight that our system seems to need.

It could be said that organizations like the Innocence Project, the Innocence Project of Florida and the other members of the innocence network provide that oversight, and in a way they do. But these organizations treat the symptoms of the problem, not the causes. The justice system requires reform so that we no longer need organizations like the Innocence Project on such a broad scale.

The Better Government Association partnered last year with the Center on Wrongful Convictions in Chicago to orchestrate a study on Wrongful Convictions, and their final product is truly inspiring. The High Costs of Wrongful Convictions project provides comprehensive information on wrongful convictions and why they happen, numbers revealing their prevalence, as well as suggestions for reform to prevent wrongful convictions. This project is a great example of what the Florida Innocence Commission could strive for in their final report this coming June.

Keep looking for updates on the upcoming Commission meeting, and hopefully on reforms based on the Commission’s recommendations!

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Four Chicago Men Will Not Face Retrial

Chelsea — January 19, 2012 @ 12:18 PM — Comments (0)

Michael Saunders, Terrill Swift, Vincent Thames and Harold Richardson were all teenagers in 1994 when they were convicted of the rape and murder of 30-year-old Nina Glover in Chicago. DNA evidence discovered last May linked convicted murderer Johnny Douglas to the crimes. Chicago prosecutors decided yesterday that they would drop the charges against these four men.

The State’s Attorney who made the decision, Anita Alzarez, said that she made the decision to dismiss the charges because the State does not have enough evidence to meet their burden of proof. Alzarez did not say she thought the four men were innocent.

All four men expressed excitement about getting to return to their normal lives after hearing the decision. See an interview with them.

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Weekly Update

Chelsea — @ 11:56 AM — Comments (0)

New York State Governor Andrew Cuomo called for an expansion of the DNA database in his State of the State speech this month. His call would expand DNA collection to include all felony convictions and all penal law misdemeanors, expanding the DNA database which currently only collects samples for less than half of all criminal convictions in New York state.

Not surprisingly, both the District Attorney’s office and other law enforcement offices support this plan. But according to an article in the Poughkeepsie Journal, “civil libertarians oppose the legislation because they believe it would infringe on people’s rights and they don’t think there is enough oversight and quality control in the system.”  While the focus of this proposed expansion seems to be that an expanded DNA database would allow for greater and more effective prosecution, the revelation of wrongful convictions that this would bring about was also mentioned. Read more here.

A week has passed without any movement on William Dillon’s Compensation Bill. The bill was passed by the Senate last week, and was read in the House last Tuesday but has made no progress since then. We’re hoping that the House will take up and pass this bill soon, to get Dillon the compensation owed to him.

Thomas E. Haynesworth of Richmond, VA, is facing a similar battle with obtaining the compensation that he expected after serving 27 years for a rape he did not commit. Haynesworth has received a proposal for a compensation package, one that could potentially be worth more than $800,000, but he was disappointed with this amount. In Virginia, exonorees are not entitled to compensation but must have that compensation approved by the General Assembly. They may receive up to $40,000 per year served in prison, but there is a cap of 20 years. So, Haynesworth cannot receive compensation for the full amount he time he spent as an innocent man in prison. While this situation is not ideal, Haynesworth is lucky at least to be dealing with this issue in Viginia, one of only 27 states that provides compensation to their exonorees. Read more here.

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Supreme Court Says Eyewitness Evidence Requires No Special Caution

Chelsea — January 12, 2012 @ 6:20 PM — Comments (1)

On Wednesday the U.S. Supreme Court ruled that eyewitness evidence requires no extra cautions or inquiry to make it admissible. Justice Ruth Bader Ginsburg wrote the majority opinion of the Court and in the decision said that there is no reason to treat eyewitness identification as any different from other potentially flawed evidence. The opinion states, only when “there is ‘a very substantial likelihood of irreparable misidentification,’ Simmons v. United States, 390 U. S. 377, 384 (1968), the judge must disallow presentation of the evidence at trial.”

The truth is that there is always a very substantial likelihood of irreparable misidentification. Eyewitness misidentifications are the leading cause of wrongful convictions, and there is 30 years of social science evidence proving that eyewitnesses often make mistakes, according to the Innocence Project.

This new opinion upholds previous decisions from cases such as such as Neil v. Biggers, 409 U. S. 188 (1972) and Manson v. Brathwaite, 432 U. S. 98, 111–112 (1977), and keeps the due process test restricted only to errors made by law enforcement officers.

While Ginsburg said that eyewitness testimony is no different than any other potentially flawed testimony, that is simply false. Eyewitness testimony is different than other types of evidence. Humans, especially those under pressure, make mistakes. Further, this opinion seems to ignore the weight with which eyewitness identifications are held by most juries. These identifications tend to be extremely convincing with juries, and as a result held as more reliable or valuable than other evidence. These facts show that eyewitness IDs are in fact different than other types of testimony and evidence, and should thus be treated as such.

In taking up this case, according to the Court’s opinion, they sought “to resolve a division of opinion on the question whether the Due Process Clause requires a trial judge to conduct a preliminary assessment of the reliability of an eyewitness identification made under suggestive circumstances not arranged by the police.” Given that even eyewitness identifications made under the best of circumstances are frequently flawed, it seems only logical to conclude that, of course, preliminary assessment of reliability should occur.

The Court’s decision also highlights the fact that the Constitution precludes defendants from convictions based on unreliable evidence not by refusing to admit that evidence but instead by providing them the means to persuade a jury of the unreliable nature of that evidence.  It is necessary here to return to the fact that juries look at eyewitness testimony as exceedingly compelling, and as a result this sort of evidence must be treated with the utmost care. Moreover, the aforementioned social science and America’s more than two-decade-long experience with DNA exonerations, demonstrate that the due process standards announced in Neil and Manson are simply inadequate to weed out bad IDs before trial and that juries just don’t have the knowledge or skill set to discount them during trial.  Thus, under the current regime upheld in this case, defendants have a very small chance of preventing the jury from hearing an identification or being able to convince a jury of the invalidity of eyewitness testimony once it comes in.

One of the big issues in this case deals with the jury’s right to weigh the credibility of witnesses against one another, a tenant that our legal system is based upon. Would instituting a rule requiring judges to complete pretrial screenings of eyewitness evidence every time an eyewitness identification impinge on the jury’s right to determine the weight and reliability of the testimony themselves? The Supreme Court seems to think so, yet based on empirical social science research it seems unfair to allow unchecked eyewitness testimony into the courts on such a broad scale. The opinion addresses the use of jury instructions to institute a level of fairness into the use of eyewitness identifications, but again the evidence shows that this testimony has an exceptionally powerful impact on juries. A possible remedy for this issue is the use of expert witnesses in explaining to a jury the issues with eyewitness identifications.

Justice Sonia Sotoymayor dissented from the Court’s opinion, and her dissent echoes all of the above issues. Sotomayor summarized these by saying, “this Court has long recognized that eyewitness identifications’ unique confluence of features—their unreliability, susceptibility to suggestion, powerful impact on the jury,and resistance to the ordinary tests of the adversarial process—can undermine the fairness of a trial.”

Unfortunately, Sotomayor’s opinion was not the majority opinion of the Court, and the status quo set forth by preceding cases remains, leaving eyewitness identifications as largely admissible in spite of their tendency to hinder the justice system.

The real question is what does this mean for the reform of identification procedures and law surrounding identifications sought by the Innocence Movement.  Will law enforcement, prosecutors and courts simply point to Perry and say “well, the Supreme Court doesn’t think there is a problem so why should we?”  Only time will tell.

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