Marianne Salcedo — October 16, 2014 @ 2:23 PM — Comments (0)
On Wednesday, the Innocence Project of Florida posted a link on its Facebook page to a New York Times article examining research on the psychological vulnerability of teens in the criminal justice system. Research from several sources indicated that youth are highly likely to make false confessions and are more susceptible than adults to an interrogator’s leading questions.
“The police often promise kids things in the present. ‘If you just tell me you did it, you can go see your mom,’ ” [Dr. Laurence Steinberg] continued. “And because the brain’s reward systems are hypersensitive during adolescence, that immediate reward of confessing will trump the thinking of, ‘What will happen when I come back to court in a month?’ ”
Today, the news is that Brooklyn District Attorney Kenneth P. Thompson is asking a judge to reverse the convictions of David McCallum and Willie Stuckey. They were both sentenced to 25 years for a 1985 kidnapping and murder. Stuckey died in prison of a heart attack in 2001 when he was 31; McCallum remains behind bars.
Mr. Thompson said on Tuesday that the conviction of the two men, David McCallum and Willie Stuckey, hinged on made-up confessions peppered with details seemingly supplied by police. “We’ve concluded that the confessions were false, and they were false in large part because these 16-year olds were fed false facts,” Mr. Thompson said by phone Tuesday. No other evidence tied the two to the abduction or killing, he said.
Advocating for McCallum before he died in April of 2014 was Rubin “Hurricane” Carter, a former middle-weight boxer who himself was wrongfully convicted and incarcerated for 19 years for a triple murder in New Jersey. A powerful documentary about Hurricane Carter and his support for McCallum entitled, David & Me, which was released in 2014, was instrumental in convincing Thompson to fight for McCallum’s release.
McCallum and Stuckey’s cases, which like those of the exonerated Central Park Jogger defendants, rest solely on the false confessions of teenage suspects, cry out for reforms that will increase the validity and reliability of statements taken from minors and provide them adequate legal protection.
Innocence Project of Florida,
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Marianne Salcedo — October 13, 2014 @ 5:08 PM — Comments (0)
On Friday, October 10, 2014, Susan Marie Mellen was formally exonerated of murder in Torrance, California, after spending 17 years wrongfully incarcerated. A combination of an unreliable witness, who was well known as a habitual liar by the police, and mistakes made by the police detective, who was also responsible for a 1994 case that resulted in the convictions of two men who were subsequently exonerated.
“I believe she is innocent,” California Superior Court Judge Mark Arnold said. “For that reason I believe in this case the justice system failed.”
Despite what Mellen called a “cruel punishment” where she cried herself to sleep each night, she did not give up hope. Amazingly, she holds no grudge against those who wrongfully convicted her with a sentence of life without parole. She said, “I always forgave my enemies. Even your haters, you have to forgive them and sometimes you have to thank them because they bring you closer to God.”
Mellen was arrested in 1997 for killing a homeless man who was staying in the same house where Mellen was living. A woman known for giving baseless tips to the police testified that Mellen had confessed to the crime — and it was on her testimony that Mellen’s conviction rested. Through representation by Innocence Matters, Mellen’s conviction was overturned and she was at long last exonerated.
exoneration,Innocence Project of Florida,judicial,justice,prison, exoneration, Innocence Matters, Innocence Project of Florida, unreliable witness testimony, wrongful conviction, wrongful incarceration
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Marianne Salcedo — October 7, 2014 @ 9:45 AM — Comments (0)
The annual One Book Thomas County celebration of learning in Thomasville, Georgia, has chosen as its focus book, Picking Cotton: Our Memoir of Injustice and Redemption, by Ronald Cotton and Jennifer Thompson-Cannino. On Friday, October 17, 2014, at 6:30 p.m., the Executive Director of the Innocence Project of Florida, Seth Miller, will be presenting a lecture and discussion on wrongful convictions and eye witness misidentification at Thomasville On Stage and Company, 117 South Broad Street in downtown Thomasville.
“The story of Jennifer Thompson and Ronald Cotton teaches us the vital lesson that a misidentification can haunt not only the wrongfully convicted individual, but also the well-meaning victim who has to live with the consequences of the mistaken identification,” said Miller. “It is up to policy makers to make modest, evidence-based reforms to prevent misidentifications before they happen, find the true perpetrators, and allow the public to feel confident that the justice system has worked.” This presentation is free and open to the public.
This presentation will be especially timely, concurring with the recent publication of “Identifying the Culprit,” a comprehensive report by the National Academy of Sciences on the shortcomings and limitations of eye witness evidence.
On Saturday, October 18, Ronald Miller and Jennifer Thompson-Cannino will share their true stories of witness misidentification, wrongful conviction, exoneration, and forgiveness. They will be available to sign books. Admission to Saturday’s event is $10.
For more information, go to the One Book Facebook page at www.facebook.com/onbookthomascounty or call Annie Jones at The Bookshelf, 229-228-7767.
exoneration,Innocence Project of Florida,justice,policy,post-conviction, eyewitness misidentification, Innocence Project of Florida, law enforcement, wrongful conviction, wrongful incarceration
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Marianne Salcedo — October 3, 2014 @ 3:17 PM — Comments (0)
A Planet Money story from NPR that we missed last summer (June 2014) entitled, “When Innocent People Go to Prison, States Pay,” provides an excellent overview of compensation for wrongfully convicted exonerees in all fifty states.
Twenty-one states provide no money — though people who are exonerated can sue for damages. Twelve states and the District of Columbia award damages on a case-by-case basis. Another 17 states pay a fixed amount per year of imprisonment.
Amounts vary from $80,000 per year behind bars in Texas, to $5,000 per year in Wisconsin. Florida and six other states match federal compensation of $50,000 per year. Not that any amount could make up for the horror and humiliation of being an innocent person wrongfully convicted and imprisoned, but it is something — especially considering that very few exonerees get any sort of an apology from the state.
Even more appalling, as this article notes, is the fact that states are willing to pony up some limited annual compensation in order to prevent innocent exonerees from suing for much greater amounts. Many states require exonerees to give up the right to sue as a condition of receiving compensation.
At the Innocence Project of Florida our concern is that our state’s compensation law has a loophole known as the “clean hands” provision.
961.04 Eligibility for compensation for wrongful incarceration.—A wrongfully incarcerated person is not eligible for compensation under the act if:
(1) Before the person’s wrongful conviction and incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any felony offense, or a crime committed in another jurisdiction the elements of which would constitute a felony in this state, or a crime committed against the United States which is designated a felony, excluding any delinquency disposition;
(2) During the person’s wrongful incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any felony offense; or
(3) During the person’s wrongful incarceration, the person was also serving a concurrent sentence for another felony for which the person was not wrongfully convicted.
So not only will a prior felony of petty theft or possession of marijuana make any exoneree, no matter how unjustly he or she was treated, ineligible for compensation, but if the inmate gets caught up in something while in prison–say badly injuring another inmate who has attacked or tried to rape them, they are also ineligible for compensation in the State of Florida.
In the best of all possible worlds, as Voltaire would say, states would show some recognition of and remorse for their mistakes that led to wrongful convictions and incarcerations of innocent men and women. Instead, states begin by putting up roadblocks to protect their convictions, right or wrong, issue no apology to the men and women whose lives they have ruined, and then provide limited compensation to spare them from multi-million dollar lawsuits And Florida adds another insult to the injury with its “clean hands” provision. We ask the convicted to show recognition and remorse for what they have done; it is only fair to expect the states to do likewise.
Compensation,exoneration,Innocence Project of Florida,justice,policy,post-conviction,prison, compensation, exoneration, Florida, Innocence Project of Florida, justice, Texas, wrongful conviction, wrongful incarceration
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Marianne Salcedo — September 30, 2014 @ 12:16 PM — Comments (0)
There are unscrupulous folks out there posing as legitimate innocence organizations who are targeting people in prison and their vulnerable mothers, wives, and other family members in order to take their money. If this sounds harsh, consider the flyer below that was received by the Innocence Network.
Flyer received from Project Innocence of America
There is no such “Project Innocence of America,” or the other group to which the flyer asks for $1,000 checks to be made out, “Probable Grounds For Action.” Another known imposter is “The Innocence Network at Bailey Law.” To incarcerated people and their anxious and distraught wives, mothers, children, and grandmothers, these bad guys guarantee release from prison in “five to eight years.” What the prisoners and their families will be is $1,000 poorer with no results.
Please NEVER SEND MONEY for legal services to anyone claiming to be an innocence organization. ALL legal services provided by organizations like the Innocence Project of Florida, who are bona fide members of the Innocence Network, are FREE.
Please note the warning on our website and on most innocence organizations websites: “Fraud Alert: We have heard that there are people who fraudulently represent themselves as working for the Innocence Project of Florida, promising legal representation in exchange for money. These people do not work for the Innocence Project of Florida. If you believe you have been contacted by such a person, please contact us. The Innocence Project of Florida provides all legal representation for free. While we rely on charitable donations to support our work, we never solicit money for our services from our clients.”
If you or a loved one are approached by an organization posing as an innocence organization and asking for money to represent an incarcerated person, contact us or the Innocence Network so that we can take appropriate action against these dishonest endeavors.
exoneration,Innocence Project of Florida,post-conviction,prison,Uncategorized, Innocence Network, innocence project, Innocence Project of Florida, phishing, prison, wrongful conviction, wrongful incarceration
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Marianne Salcedo — September 26, 2014 @ 10:09 AM — Comments (0)
Since January 1992, Everton Wagstaffe has refused to leave prison in New York on probation because that would require him to admit guilt of a crime of which he has steadfastly maintained innocence. Many state legal systems explicitly require an admission of guilt as a condition for parole. In states such as Florida, the admission of guilt is implicit, requiring the convicted to acknowledge their culpability and demonstrate remorse for their crime and for the people they have wronged. Some prisoners, who have claimed innocence have gone ahead and admitted guilt in order to be eligible for release, but find that they are prevented from pursuing their claims of innocence later because they admitted guilt at the parole hearing. This is the innocent prisoner’s dilemma. Northwestern University law professor Daniel Medwell calls it a true Catch 22.
Wagstaffe was convicted in 1992 of the kidnapping and death of a 16-year old girl whose body was found on a Brooklyn street. He spent nearly 23 years in prison protesting for his freedom. On September 17, 2014, Wagstaffe’s conviction was finally reversed by a panel of New York state appeals court judges who found that prosecutors were not forthcoming with evidence that would have shown that detectives and an eye witness to the crime had misled the jury. There had been no other evidence other than the witness’s testimony, which during the recent review of the investigation documents it was discovered that the witness had been prompted and coached.
Like some other wrongfully convicted exonerees who refused early release because of their integrity, Wagstaffe declined to accept release on parole or probation rather than admit that he had anything to do with the crime. For the time being, he remains in state prison.
Considering the growing number of conviction reversals and exonerations throughout the United States, the “act of grace” that parole boards function as, needs to consider the possibility of false convictions and allow parolees the ability to pursue their claims of innocence after they are released without penalty.
Innocence Project of Florida, eyewitness misidentification, Innocence Project of Florida, law enforcement, parole, post-conviction, unreliable witness testimony, wrongful conviction, wrongful incarceration
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Marianne Salcedo — September 19, 2014 @ 9:42 AM — Comments (1)
When the American system of justice allows an innocent person to be wrongfully convicted and imprisoned, someone else is getting away with murder. Murder or another crime — but the point is that laws and policies throughout the United States limit access to state-of-the-art DNA testing for inmates who claim innocence. On September 18, 2014, the Newark Star-Ledger Editorial Board published an editorial titled, “End the absurd bureaucracy around DNA testing.”
Given the incredible power of DNA to exonerate the innocent and expose the guilty, it’s alarming that a mountain of red tape still impedes its use.
The fact that, out of the 317 exonerations due to exculpatory DNA crime scene test results cited in the editorial, 153 of those results enabled police and prosecutors to identify and catch the real perpetrator, barriers to current DNA testing only serve to destroy innocent lives and let the guilty walk scot-free. As the Star-Ledger editorial notes:
This is not only a problem for the wrongly imprisoned, it’s a threat to public safety.
In Florida, past laws impacting post-sentence DNA testing were fraught with time limits for filing petitions and limitations on how long physical evidence from crime scenes was preserved. In 2006, Florida legislators removed those time limits and extended the time period for preservation of evidence. And to this state’s credit, all DNA test results conducted by the Florida Department of Law Enforcement have the ability to be run through both the state’s DNA database and the FBI’s CODIS. In New Jersey, the reliance on private labs for post-sentence testing means that the real perpetrator’s DNA may not be run through CODIS for a possible match ensuring that the true culprit will never be identified.
Gerald Richardson, a 2013 exoneree who was represented by the Innocence Project in New York, will testify before the legislature in New Jersey advocating that the state require post-sentence DNA tests to be compared with CODIS. Not only would identifying the real perpetrator speed the timeframe in which the falsely convicted are released from prison, but public safety would be improved by getting the true criminal off the streets. Our laws and policies should enhance Americans’ safety, not endanger it.
exoneration,Innocence Project of Florida,justice,legislation,Science, crime labs, DNA, DNA testing, exoneree, forensic science, Innocence Project of Florida, IPF, law enforcement, post-conviction, wrongful conviction, wrongful incarceration
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Justin Hirsche — September 9, 2014 @ 9:01 AM — Comments (0)
Jaime Lee Peterson was exonerated today after spending 17 years in custody and in a Michigan prison for the rape and murder of a elderly woman that he did not commit. He was serving a life sentence. The cause of his wrongful conviction stems from his false confession during the interrogation process which happened four months after the murder. Despite knowing that DNA testing of the victim’s rape kit excluded Peterson as the rapist, the jury convicted Peterson at a 1998 trial. The prosecutor led the jury to believe that semen found at the crime scene that was, at that time, untestable most likely belonged to Mr. Peterson. Along with his initial confession, this was enough to sentence him to life in prison. New DNA testing was conducted last year at the urging of Mr. Peterson’s new attorneys, the testing sought to prove that the previously untestable DNA belonged to the same person whose DNA was found initially with the rape kit. All of the male DNA tested in this case was found to match a man named Jason Ryan (who was actually interviewed during the initial investigation). Ryan was arrested last year for this decades old crime and currently is awaiting trial. Petersen’s case was led by the Michigan Innocence Clinic.
This case is just another one to add to the troubling ever growing list of coerced false confessions. After initially confessing Jaime (who is cognitively impaired) recanted his statements, but that usually does the person in such a situation no good. Roughly a fourth of those exonerated in America falsely confessed to crimes at some point during their interrogation. Jaime is the fourth man in Michigan to be exonerated by DNA evidence.
Compensation,Constitution,exoneration,judicial,justice,legislation,post-conviction,prison,Prosecutorial misconduct,Science, DNA, exoneration, false confession, Innocence Project of Florida, innocent, justice, law enforcement, Michigan Innocence Clinic, prosecutorial misconduct, wrongful conviction, wrongful incarceration
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Justin Hirsche — September 3, 2014 @ 4:03 PM — Comments (0)
After spending 30 long years in prison, two brothers in North Carolina were exonerated Tuesday by a North Carolina Judge. Henry Lee McCollum and Leon Brown were both released from prison today They had been found guilty of the heinous rape and murder of an 11-year old girl. The two African American men were 15 and 19 at the time of the murder are both considered intellectually disabled. After long hours of unethical interrogation with no lawyer present each separately confessed to the crime, by signing statements written for them by police officers. But when they were sent to trial they recanted all of their statements confessing to the crime. Key evidence was left unaccounted for at the time of the trial. A similar murder had been committed in the same town within a month of the brother’s arrest, and a local man, Roscoe Artis, had confessed to the rape and murder of an 18-year old. Artis lived just a block from where the victim’s body had been found yet he was not seen as a suspect. A cigarette butt found near the vicitim’s body was tested to see whose DNA would show up on it — there was not a match for either of the exonerees — but their was a match for Roscoe Artis’s DNA. Artis is currently serving a life sentence for his other rape and murder.
Leon Brown was sent away for life and Henry Lee McCollum received the death penalty with no evidence connecting them to the crime, but because they confessed to it under duress they had a huge chunk of their lives stolen. This just furthers the evidence that just because someone confesses to a crime when they are under immense pressure, that does not mean they are guilty of said crime. Roughly 25 percent of those wrongly convicted of crimes have admitted guilt during their initial interrogation, the only way we can stop this cruel treatment is to change the way we interrogate suspects and make sure all interrogations are videotaped. Over the past 23 years there have been over 2,000 exonerations in the United States and with the great news of today we can add two more to that ever growing list.
McCollum and Brown were defended in their search for the truth by Center for Death Penalty Litigation.
Compensation,exoneration,judicial,justice,legislation,policy,prison,Prosecutorial misconduct,Science, death penalty, DNA, DNA testing, false confession, Innocence Project of Florida, post-conviction, prison, prosecutorial misconduct, wrongful conviction, wrongful incarceration
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Justin Hirsche — August 28, 2014 @ 10:44 AM — Comments (0)
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Last week, the Washington State Supreme Court ruled, in a 6-3 decision, that DNA testing requests from convicts should be favorably considered. Specifically, judges should presume that the test results would favor the convict in making their decision, instead of denying them the chance to prove there innocence through DNA testing because the chances of exonerative results are remote. This decision spurs from the case of Lindsey Crumpton, who in 1993 was convicted of repeatedly raping a 75-year old woman. He was arrested running from the woman’s house with a bunch of incriminating items, including bedding smeared in blood among other things that the woman all identified as belonging to her. Crumpton is expected to spend the rest of his life in prison.
In 2011, he requested to have DNA testing done on the womans’ rape kit, her bedsheets and other pieces of evidence. A superior court rejected his request on the grounds that DNA testing would most likely not show that he was innocent. The case went all the way to the state supreme court and they reversed the ruling on the grounds that judges should presume that DNA testing will be in favor to convicts. Justice Mary Fairhurst when writing for the majority hit the nail on the head with this great statement: “Many innocent individuals have been exonerated through postconviction DNA tests, including some who had overwhelming evidence indicating guilt… and there is no direct evidence showing that labs have in fact been overburdened by an onslaught of postconviction testing.” This ruling is positive news for anyone falsely imprisoned in the State of Washington, because it now means their request for post-conviction DNA testing cannot be denied just because the chances of them being proven innocent seem “slim” or “bleak”.
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