Archive for the ‘judicial’ Category


New DNA Testing Reveals Florida Death Row Inmate’s Innocence

Anna Fitzpatrick — May 16, 2013 @ 4:44 PM — Comments (2)

DNA helped send Clemente Javier “Shorty” Aguirre to death row in 2006 for the murder of two Altamonte Springs neighbors. Now a team of attorneys have used a new round of DNA testing to prove the innocence Aguirre has been maintaining from the start. This round of DNA testing implicates the victim’s daughter, Samantha Williams, as the real perpetrator.

Cheryl Williams and Carol Bareis, Aguirre’s next-door neighbors, were mother and daughter found stabbed to death in their trailer in Seminole County on June 17, 2004. An undocumented Honduran, Aguirre initially told police that he didn’t know anything about the murders, though later that same day he admitted that he had discovered their bodies around six a.m. when he went to their house hoping to get some beer. When he found Cheryl Williams’ body lying in the foyer, he rolled her over to check for a pulse. Once he realized she was dead, he feared the killer may still be present and grabbed the knife near Cheryl’s body before walking through the rest of the house. When he realized no one was there, he panicked, discarded the knife, went home and stuffed his now-bloody clothes into a trash bag and threw them on the roof. He didn’t report the crime because he feared deportation.

At trial, the State prosecution presented DNA evidence to show the the victims’ blood was on Aguirre’s clothes, shoes, and the bloody knife, which is consistent with Aguirre’s testimony of how he discovered the bodies. The defense, unfortunately, conducted no tests on other bloodstains nor did they even view any of the 197 items of evidence that were collected in this case, much less retain a forensic expert to examine them. The State also offered testimony from a “bloodstain pattern expert” who claimed the stains on Aguirre’s clothes were “impact” or “cast off” rather than “transfer” (which is consistent with Aguirre’s testimony) and alleged that the murders occurred around eight or nine a.m., arguing in closing that Aguirre may have still been in the home when Samantha Williams’ then-boyfriend came to get her work clothes and discovered the bodies. The defense failed to retain any blood pattern, pathologist, or other forensic experts to counter the State’s theories or support Aguirre’s account.

Furthermore, at no time during the trial did Aguirre’s lawyer inquire about or otherwise present the jury with any of the readily-available evidence that Samantha was mentally ill, unstable, and had a volatile and at times violent relationship with her mother, including at least one prior threat to kill her.

On at least three occasions since the murders, Samantha has become so violent and uncontrollable that she has been involuntarily committed to psychiatric facilities. Nearly three years prior to the murders, Samantha had been committed to psychiatric care by her mother, during which time she threatened to kill her mother in the presence of others. Then in December 2007, she was videoed as she repeatedly banged her head against the interior of a police car, sobbing, “my family died from me,” and then threatened to “murder” the officer who had taken her into custody. Again in August 2010, police were called to her home after she tried to set herself on fire and told a neighbor that “demons are in her head and caused her to kill her family.”

The attorney who represented Aguirre at his trial has been found constitutionally ineffective by the courts in at least one other death penalty case he handled. In total, Aguirre’s trial attorney has at least ten former clients presently on Florida’s death row.

In August 2011, Aguirre’s new counsel at the Capital Collateral Regional Counsel – Middle in Florida, in consultation with the Innocence Project, filed a motion for post-conviction DNA testing which found that most of the bloodstains were traced to one or both victims, while no blood from Aguirre was found at the scene. By contrast, two distinct bloodstains were found to come from Samantha and were located in close proximity to the victims’ blood. Although opposed by the State, a second round of testing revealed a total of eight different bloodstains have been identified as Samantha’s, which were spread out over four rooms of the home, each near blood from one or both victims.

At the hearing that began in Sanford, Florida on May 13, 2013, Aguirre’s lawyers will be asking for post-conviction relief based on three separate grounds:

  1. that Aguirre’s lawyer was ineffective for failing to conduct DNA testing and investigate Samantha’s mental health history,
  2.  the new DNA evidence and pre- and post-trial violence by Samantha constitute newly discovered evidence that would have led the jury to an acquittal, and
  3.  the new evidence establishes Aguirre’s innocence.

In what seems like such a clear-cut case of innocence, it is certainly disturbing to consider the lengths the State has gone to in order to protect Samantha Williams from conviction, despite her long history of violence, instability, and pure animosity, while turning a blind eye to the injustices suffered by Aguirre.  Should Aguirre be exonerated, the State will have fought against the freedom of an innocent person and possibly undercut their ability to prosecute the real perpetrator.  This would be the ultimate injustice to both Mr. Aguirre and the victims in this case.

Aguirre is represented by Maria DeLiberato and Marie-Louise Samuels Parmer with the Capital Collateral Regional Counsel – Middle Region.  Nina Morrison and Barry Scheck of the Innocence Project and Seth Miller and Melissa Montle of the Innocence of Florida are serving as co-counsel.

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The State of Public Defenders and Gideon’s Army

WSainvil — February 28, 2013 @ 6:00 PM — Comments (0)

In Miami Dade County, an average case load for a public defender is 500 felonies and 225 misdemeanors according to democracynow.org. In the United States, an estimated 80 percent of people who are facing charges are poor and rely on court appointed counsel.

The perception of these attorneys is negative. Stereotypes depict them as emotionless souls whose goal is to aid in the incarceration of those who can’t afford an attorney.  The term “Public Pretenders” or “Dump Truck” is used by defendants and citizens who have negative feelings towards public defenders or defense attorneys.

However, it’s imperative that we ask is the reputation that public defenders are given fair?

The Evolution of the Right to Counsel

Contrary to popular belief, the right to counsel didn’t always mean an attorney would be provided to those who can’t afford one. It wasn’t until 1938 that the case Johnson vs. Zerbst ruled that legal representation must be provided for those without the means to obtain an attorney. However, this ruling only applied to federal cases.

Four years later, Betts vs. Brady ruled that an ordinary person can represent himself unless he had a mental or physical deficiency, the case was unusually complicated, or the case involved special circumstances. This left defendants in state and local cases to defend themselves.

Gideon vs Wainwright
In 1961, Clarence Earl Gideon was charged with breaking into a pool room with the intent to commit a misdemeanor. Because he could not afford an attorney, he requested that the court appoint him one. His plea was denied due to the Betts vs. Brady (1942) ruling. Gideon represented himself and was found guilty.

Later, Gideon filed a petition stating his constitutional rights had been denied when the courts refused to provide him counsel. Using law books he found in prison, he drafted a petition to the U.S Supreme Court for a writ of certiorari.

The supreme court unanimously ruled in favor of Gideon.

“The due process clause of the Fourteenth Amendment required that the Sixth Amendment, which guarantees indigent defendants the Right to Counsel in federal criminal proceedings, be interpreted to include indigent defendants in state criminal trials.”

Gideon was later retried with a court appointed attorney and was found not guilty.

The State of the Public Defender

The differences in the prosecutors and the public defenders office are vast, and can lead one to wonder if the legal system really cares about providing well-equipped attorneys for those who can’t afford one.

We’ll begin with differences in salaries. For prosecutors:

ƒ”The average annual salary for assistant prosecutors ranged from $33,460 for entry-level assistant prosecutors in part time offices to $108,434 for assistant prosecutors with 6 or more years of experience in offices serving jurisdictions of 1 million or more residents.”

-Bureau Justice of Statistics:Prosecutors in State Courts 2007

Meanwhile public defenders:

“Minimum entry-level salaries for assistant public defenders ranged from about $37,000 to $58,000, with a median salary of $46,000 per year. More experienced (6 years or more) assistant public defenders earned a median salary between $60,000 and $78,000.”

-Bureau Justice of Statistics: State Public Defender programs 2007

Budgets and Employment


There are also huge differences in budgets between the two offices as well. In 2007, the prosecutors office had an operating budget of more than $5.8 billion. Public defenders expenditures in 2007 were more than $2.3 billion.

The number of attorney’s employed by the prosecutors office is more than double of that of the public defenders office. While more than 15,000 full-time attorney’s were employed by public defenders offices, and more than 34,000 were employed by the prosecutors office.

So What?
It is widely known that due to heavy caseloads, many defendants plead guilty with the advisement of their public defenders. This leads to the perception that these attorney’s do not work in the favor of their clients. However, under heavy caseloads and long hours. Can it be argued that they are doing the best with what they are given?

The statistics above show a very underfunded and understaffed public defenders office in comparison to the prosecutors offices. The budgets for these offices continue to decrease will the caseloads rise.

The American Bar Association states a public defender can competently handle 150 to 200 cases. Yet, in Miami-Dade County that number more than triples the recommendation. Some public defenders are so swamped with cases that they never even meet with their clients.

A  caseload of over 700 cases, gives an attorney less than half of a day to prepare for it, and this is only if the attorney works seven days a week. During a normal 40-hour work week, it would mean about 3 minutes per case. It is almost insane to believe that any attorney can function to the best of his or her ability under these circumstances.

The blame lies once again with our government and the way the system is set up. The funds and resources set aside to aid the accused continues to decline while “crime” rises. One can argue that the legal system is currently violating the rights of citizens by supplying defendants will ill prepared attorneys with no intention to rectify the growing problem. How can a public defenders possibly continue to function under these conditions? My answer is, they can’t.

Last year public defenders in Pennsylvania and in Miami began declining new cases due to limited resources. Public Defenders in Pennsylvania filed a class-action suit for underfunding.

While these offices are declining cases and trying to obtain more resources, who suffers? The ones unable to afford legal representation. This person may have to sit in jail for an indefinite amount of time waiting on an attorney or represent themselves. Leaving more poor people to be subjected to the injustices of the legal system.

There is too much blame placed on public defenders, when in fact it is the system that needs change. If you still have doubts, take a second and explain how you would handle 725 cases in one year.

Gideon’s Army

A new documentary, Gideon’s Army, aims to change the negative perceptions of public defenders by following the lives of three dedicated attorneys who are referred to as “true believers.” In the mist of low pay, heavy cases, long hours, and little resources these individuals truly fight for the rights of their clients.

Featured in the documentary is Travis Williams, a senior attorney at the Hall County Public Defenders office in Gainesville, Georgia. In a clip from the documentary, Williams expresses how he aspired to become a public defender due to the mistreatment he witnessed and received from police officers when he was growing up.

Williams works seven days a week, because in his opinion five days isn’t enough to get the job done. Out of the 24 cases he has fought, he has only lost 8. For every lost he tattoos the last name on his back.

Take a few minutes and watch this short clip from the documentary.

Your Thoughts

What do you think? Should the blame be placed on the public defenders, the system, or both. Share your thoughts in the comment section below.

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New Jersey Mandates Jurors Know Witness ID Precautions

Jordan — August 06, 2012 @ 12:05 PM — Comments (0)

The New Jersey Supreme Court recently released new standard jury instructions in recognition of the need to provide better guidance to jurors on how to properly evaluate the myriad variables that affect the reliability of eyewitness evidence. These instructions inform jurors of the numerous system and estimator variables that may exist in a case and may cause a misidentification.

System variables are those within the control of the criminal justice system, such as the the procedures used to collect the eyewitness identification or whether the photo lineup administrator introduced suggestiveness into the lineup procedure that had the affect of implying the identity of law enforcement’s known suspect. Estimator variables, on the other hand, are those variables that are not in control of the criminal justice system and have more to do with the the conditions or characteristics of the crime scene, witness and perpetrator, i.e., the viewing conditions during the crime, whether the perpetrator had a weapon, or whether a co-witness contaminated the eyewitness’ memory.  Social scientists have studied these variables and measured how their existence in a criminal case may affect the reliability of an eyewitness identification.

For New Jersey, the 2011 decision in State v. Henderson revealed the need for these instructions in assessing the reliability eyewitness IDs. The Henderson litigation presented the New Jersey Supreme Court with complicated scientific arguments about memory and human behavior, and the Court felt ill equipped to decide the case without a broader record on which to do so.  So the Court took the unprecedented step to remand the case back to a special judge to hear three weeks of evidence from the nation’s most prominent social scientists and make scientific findings of fact about the existence of the variables and how they affect the reliability of eyewitness evidence.  The result of this endeavor was a comprehensive opinion by the Court and a charge to New Jersey’s jury instruction committee to come up with enhanced instructions that would best explain these scientific concepts to jurors.

The Committee’s work is split into three separate instructions, each giving identification assessment precautions pending the location of where the ID was collected: in court only; in court and out of court; and out of court only. Each instruction lists all of the variables and provides guidance on how jurors should consider that variable’s affect on the case.  The judge need not read the entire list of instructions before the presentation of each witness ID. Rather, must only provide the instruction as to variables that apply to the case. Opponents of making these instructions mandatory have suggested they would take up too much judicial time to recite, but the New Jersey Supreme Court obviously did not find this argument persuasive.

Based on a suggestion from the Florida Innocence Commission, the Florida Supreme Court Committee on Standard Jury Instructions also came up with their own version of an eyewitness identification jury instruction. IPF executive director, Seth Miller, filed a public comment outlining major deficiencies with the proposed instruction and proposing the New Jersey instruction as a model.  We are awaiting action by the Florida Supreme Court.

Read the full article on the N.J. Supreme Court’s imposing sweeping changes in crime witness testimony.

How do you think such instructions would help jurors in Florida better assess the reliability of eyewitness evidence?

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Above the Law: Prosecutorial Misconduct

WSainvil — July 26, 2012 @ 1:58 PM — Comments (6)

As the lead prosecutor of the case, it was his decision to do the right thing or continue winning cases. He had two options: disclose information that could possibly clear the defendant or cover it up and continue adding to his list of convictions.  On the outside looking in it’s a simple decision, do the right thing. Seeking true justice is more important than winning…right? However, the small voice of reason in his head lost the battle. He decided not only to hide exculpatory evidence, but to also make deals that promised inmates early release in exchange for false testimonies. This poor and reckless decision cost an innocent man three years of his life.

No, that was not the plot of a Law and Order episode or an excerpt from a John Grisham novel, it is the real life story of Nino Lyons, and a small look at how a prosecutor can behave unjustly.

The recent release of Duke Law’s Wrongful Convictions Clinic exoneree LaMonte Armstrong has put the spotlight back on prosecutorial misconduct, and there are many questions still awaiting responses. With the number of exonerees growing each year, it’s quite apparent that our legal system has many flaws. While many attorneys are aware of these issues, the general public is sometimes left in the dark about what causes a prosecutor to hide evidence and arrange deals with criminals.

A majority of the blame can be focused on the way the prosecutor’s office is operated and how promotions are given. The prosecutor’s office keeps track of each attorney’s conviction rate. Though few will admit it, prosecutors are promoted based on the number of cases they have won, and the importance of winning cases is critical to their success. Some are elected officials and all are expected to win. When a position opens up, it’s more likely that the prosecutor with the highest conviction rate will be a top prospect for the spot.

In no way does this justify the behavior of those who choose to ignore the laws they swore to uphold. However, it is apparent how this system can cause a prosecutor to disregard all moral, ethical, and even, legal rules.

History has shown that American society, as a whole, is driven by money and power, and it’s apparent that some prosecutors are willing to sacrifice lives of innocent people to obtain the two. Truth and integrity seem to be a thing of the past.

People question how often this behavior occurs, and there is no set number. In 2010, a USA Today investigation compiled a list of 201 criminal cases where federal judges found prosecutors who broke the law or ethical rules. These violations led to the convictions of innocent people, which also means that guilty criminals were living freely.

A person can argue that 201 cases out of the thousands that go through the system are not significant, but they would be wrong. These cases are just the ones in which federal judges deemed behavior to be unethical. This number does not include cases where there wasn’t “enough” evidence to determine if a prosecutor misbehaved.

Prosecutors Protection

In America, a citizen can sue for just about anything, but you can’t sue a prosecutor.  Many believe this is a  major factor in what causes prosecutors to misbehave.

In 1961, Paul Kern Imbler was convicted and sentenced to death for the murder of Morris Hasson. It was later revealed that the district attorney, Richard Pachtman, had suppressed exculpatory evidence and evoked falsified testimonies from key witnesses. After his exoneration Imbler sued Pacthman for prosecutorial misconduct, but the Supreme Court dismissed the case because Pactman was protected by prosecutorial immunity. Even if a prosecutor has been found to be acting in bad faith or ill will by deliberately hiding evidence or misrepresenting the facts, they are free from civil lawsuits.

When an average citizen violates the law there are repercussions for his or her actions. Sadly, the same rules don’t apply to prosecutors. Brady v. Maryland determined that “significant” evidence that is favorable to the defense must be disclosed or it’s a violation of the due process clause of the 14th amendment. The lead prosecutor in the Lyons case, Bruce Hinshelwood and many others, did just that. However, his “punishment” is one many would consider as a joke. Documents obtained by USA Today show he was ordered to serve a one-day ethics course for his behavior. A one-day course for deliberately putting an innocent man in prison for three years. The system basically gives a pass to its own, and takes years of life from the ones they are meant to protect.  Many wonder, where is the justice in that?

It is infuriating that some prosecutors are advancing their careers by putting innocent people in prison without any accountability. This makes them above the law, because they are clearly not adhering to or being punished for breaking it. They have nothing to fear, because most of their actions are met with a slap on the wrist.

“If you want to change the culture, you will have to start by changing the organization. ”
-Mary Douglas

Changing the way these offices operate is the only way this behavior will cease. Sadly, the chances of these changes is slim.

“Life is like a boomerang…Sooner or later, our thoughts, beliefs and actions return to us with amazing accuracy.”

Although it is apparent the legal system rarely and truly punishes prosecutors guilty of purposefully convicting the innocent, we must remember Newtons Third Law – for every action, there is an equal and opposite reaction. For all their wrongdoing, there are innocence projects all over this country fighting for the true justice people of America deserve.

 

Your Thoughts

What do you think would be a fair punishment prosecutorial misconduct? We would love to hear your thoughts.

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America still slow to prioritize DNA exonerations

Jordan — June 22, 2012 @ 1:57 PM — Comments (0)

News coverage during this past week has shown how courts across the country have not been placing due importance on presence of DNA evidence and why they should be.

Evidence of Virginia’s wrongful incarceration record has risen with their post-conviction DNA project’s release of DNA test results. DNA from 38 different crimes do not link to the people convicted for them. Only five of them have led to exonerations.

It was previously estimated that the wrongful conviction rate was 3%. This study indicates that the rate may actually be closer to 15%.

“As much as one in six convicted offenders in Virginia in the ’70s and ‘80s for sexual assault probably wasn’t the right person,” said John Roman who is leading the Urban Institute’s (Washington, D.C.) study of the results.

Roman finds this Virginia-specific study to be reflective of courts all around the country.

Peter Neufeld, co-founder of the New York-based Innocence Project, said most prosecutors do not resist DNA testing. However, those in Illinois’ Cook and Lake Counties constantly reject cases brought forward, even with logical reasoning behind them.

In an earlier post, we discussed James Edwards’ appeals for testing the blood found at the scene of the murder he has now been exonerated of. Thanks to his efforts, the blood linked to another man who is now incarcerated for the crime. But had he not “wasted the time” of the courts, he would still be in prison.

Murder convict Dennis Dechaine, of one of the most-known murder cases in Maine, is awaiting DNA testing of more evidence from the crime scene. He believes the results will link to the real perpetrator. Dechaine has maintained his innocence for more than 24 years.

Prosecutor Bill Stokes said, “when you put this really unknown piece of evidence in the context with the other evidence in the case it’s overwhelming as to the guilt of Mr. Dechaine.”

Like any other piece of evidence, it should be considered side-by-side with all of the pertinent facts. Stokes should not be so sure of his assessment just yet.

According to the New England Cable News, the victim’s mother, Peg Cherry, said, “victims should have some rights, too, not just all criminals. Why they call it criminal justice, we want justice for the victims, too.”

While her plight is understandable, we must remember that true justice for the victim is true justice for the right criminal.

The Innocence Project also raised this issue here.

exoneration,judicial,post-conviction, , , , ,


Old, unrevealed evidence may alter trial

Jordan — June 07, 2012 @ 8:16 AM — Comments (1)

Death-row convict may have been coerced to murder

Double-murder death-row convict Miguel Bacigalupo, by way of his attorney, will ask The California Supreme Court for a new trial that will now consider previously excluded critical evidence. The original lead prosecutor, now Superior Court Judge Joyce Allegro, had kept this evidence from the jury. While the state’s high court rarely reverses death sentences, the evidence’s pertinence on the decision of the case will be decided by the the Supreme Court within the next 90 days.

The original judge, Richard Arnason, found the crucial testimony of late Gale Kesselman to be credible. Kesselman’s testimony had revealed to Allegro’s lead investigator that Bacigalupo had met with a cocaine trafficker briefly before his death. Bacigalupo, during his conviction trial, stated that if he would not have committed the double-murder, his family would have been killed.

However, prosecutors now find Kesselman’s testimony inconsequential to the actual guilt of Bacigalupo, because all it reveals is that the murder was organized.

If the hope is that the sentence could be lessened from capital punishment, then how could this evidence not be of importance and deserve reentering consideration? Surely, it may not have changed the jury’s mind but the circumstances of the mandated drug hit could have at least culled some pity from the jury and those deciding his sentence.

Discussion on this article seems to lead by way of the prosecutors. However, all evidence existing ought to have been presented and not purposefully kept from the decision process. The general public must consider how easy it is to fall into a drug cartel and how one would not exactly be able to simply go to the police when their family’s life is on the line. It is such circumstances that should not exactly exonerate Bacigalupo, but be considered more so by the callous justice system.

If this were a movie with Bacigalupo as the main character, if we saw it from his perspective–and if Kesselman’s testimony was true–any naysayer to this new evidence would immediately villainize the trial’s original decision.

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An Uncommon Reunion

Anne — June 05, 2012 @ 10:22 AM — Comments (1)

In the curious case of Brian Banks, the 26-year-old California man recently exonerated for the rape of a young woman in 2001, Facebook can be credited somewhat with helping him not only gain his freedom, but pursue a lifelong dream of playing professional football. While users of the social media site often use the service to connect with friends and locate long-lost acquaintances, Banks utilized it for a greater purpose: to bring his accuser, 24-year-old Wanetta Gibson, to the truth of her false accusations for a crime that never occurred.

In the absence of DNA and other crucial evidence that could free Banks from a decades-long nightmare, a hold-your-breath meeting–arranged by Banks and agreed upon by Gibson–in an investigator’s office would pave the way towards the convicted man’s freedom. Gibson admitted that Banks had not sexually assaulted her, nor had he kidnapped her as had been widely reported. On video and audio tapes that have gone viral on the internet, Gibson can be heard twice, in response to the investigator’s inquiry of the alleged assault, “No he did not [rape me].” There is no coercion, prompting or influence on the investigator’s or Banks’ part. She speaks clearly, forthrightly and without hesitation to all questions posed before her.

The California Innocence Project assumed Banks’ case and assisted in the subsequent legal affairs that would lead to his freedom. He spent five years behind bars and five years on probation, wearing an ankle monitor so that his every move could be tracked. He also wrestled with being labeled a “sex offender.”

Prior to Wanetta Gibson’s accusation and Brian Banks’ subsequent incarceration, he had been highly recruited by a number of prominent colleges across the nation to play football. He was headed to a great collegiate career at USC, playing the sport he loved when his world came to a screeching halt following accusations of the rape. Despite the absence of DNA evidence or other evidence which could tie him to the alleged act, Banks’ defense attorney encouraged him to accept a plea agreement in exchange for a 41-year sentence because, according to published reports, the jury would see, among other “descriptives,” a “muscular black teenager” and not, presumably, an athletically-gifted young man headed to college on a scholarship. Prior to Banks’ incarceration, he had never been in trouble with the law. For Banks, though, a “short” sentence behind bars was a deal worth taking: He was young and would be free in a few years. A “brief” stay in prison was significantly more accepting over the prospect of remaining behind bars until middle age. As a result, he accepted the deal, languishing in prison for five years with, he believed, a career gone as quickly as the myriad collegiate offers that had come earlier.

Enter Wanetta Gibson and Facebook.

Gibson’s Facebook “invitation,” a casual, as though-nothing-had-happened appeal  was, by anyone’s measure, a strange befriending. With the taxed-down monetary settlement (awarded by the school district where she was a 15-year-old student at the time of the accusation) exhausted years ago, her motive for appealing to Banks remains suspect. Various news accounts accuse her (and her mother, Wanda Rhodes, 52) of continuing a charade of monetary acquisition by any means necessary in an effort to remain one step ahead of creditors seeking payment for big-ticket purchases made with the approximately $750,000 settlement.

Former neighbors and acquaintances of the pair do not paint a pretty or wholesome picture of the twosome. Wanetta Gibson, now a mother, and her mother, according to social services and legal documents, are well-known throughout the region as they attempt to evade legal and social service officials. They are, to some who know their story as it relates to Brian Banks, joined at the hip, and are always watching their backs.

In an act of desperation, according to case watchers, Wanetta Gibson may have mindlessly befriended Banks on the social media site in an effort to redeem herself for the travesty which she caused years earlier. Others theorize that the accuser may have wanted to wrest whatever finances she  believed he may have accumulated in prison, because she was currently unemployed, had exhausted all means of legally obtaining money and believed he would perhaps be grateful for her acquaintance (again!) since he was no longer behind bars. One of her primary concerns seems to have been the possibility of repayment of the settlement based on her false testimony.

Others speculate that the mother/daughter duo was, once again, “up to no good,” that something sinister was resting just below the surface, another scam perhaps. Banks posits the notion that Gibson most likely wanted to resume a relationship, that she believed that he may have in fact forgiven her for the years spent behind bars for the lies she had told, and that they could indeed move forward, together, despite the past. Whatever the motive for Gibson’s sudden appeal on Facebook doesn’t, however, cause him to languish over her intent.

Like many other exonerees who have been falsely accused of crimes they did not commit, Banks is putting the past behind him and moving into a different arena, one that doesn’t have bars, ankle monitors or daily activities ordered by officials who work in state-run facilities.

Major newspapers across the country are reporting on Banks’ slow turn of luck: He is scheduled to try out with the Seattle Seahawks football team on June 7th, and a number of other professional teams have expressed interest in him as well. If, however, he doesn’t make the roster with any of the teams, he has been offered, according to Derrick Hall, CEO of the Arizona Diamondbacks baseball team, a place of employment with the organization. Hall watched Banks in a recent interview and was greatly impressed with the maturity of the young man who appears to harbor no resentment or ill-will toward his accuser or the fact that one-fifth of his life was spent behind bars for a crime he did not commit.

While a number of wrongful incarcerations can be attributed to a myriad of factors, including witness misidentification, poor forensic science, judicial misconduct, “bad” policing, coerced confessions, and ineffective legal counsel (which runs strong in this case), very few cases of exoneration can be attributed to walk-in-the-door, sit-down confessions of truth by an accuser, as in this case. Wanetta Gibson’s liberal entry into the investigator’s office was not only a surprise to Banks–he didn’t believe that she would show up–her confession of truth set in motion a string of events that set the wheels of justice rolling in Banks’ favor. Her conscience or the consciousness of what she’d done are theories up for grab. Only she can make a truthful case of her past and present behavior.

In this socially driven culture of tweets, texts, emails, “breaking news,” and 24/7 news bytes, Facebook has, in this instance, proven to be a savior for Brian Banks. It is reported that he remarked that he “didn’t believe” what he saw on his computer screen when he saw that Gibson had contacted him with the missive to “let bygones be bygones.” While such a casual dispatch may have been easy for her to issue, it will prove for Banks to be one which will indeed direct his path toward new and glorious opportunities and beginnings. Good luck, Brian.

exoneration,judicial,justice,prison,Science, , , ,


Weekly Update: Compensation and Misconduct in the Lone Star State

Chelsea — May 21, 2012 @ 8:59 AM — Comments (0)

Austin County Attorney Brags About Professional Misconduct

A county attorney in Austin, Texas name of Jana Duty has lied about her involvement with the case of exoneree Michal Morton, who was convicted of murdering his wife Christine over 25 years ago. Duty is currently running for election as Austin’s district attorney, and these allegations of her professional misconduct have come out as a result of her campaign.

Read more about the complaints lodged against Ms. Duty by John Bradley, a man who is running for the same district attorney spot, here.

Texas Supreme Court Orders State to pay $2 Million to Exoneree

Texas exoneree Billy Frederick Allen spent 26 years behind bars for two Dallas murders he did not commit. Yesterday it was announced that he will finally receive compensation for the time he spent wrongfully incarcerated.

Allen was convicted in 1983 and was released in 2009; his release, unlike many other exonerations, came about as a result of problems with witness testimony and Allen’s legal representation that surfaced decades after the original trial. Allen’s success in suing the State for compensation may be the start towards setting a precedent for compensation in other wrongful convictions cases.

Read more about Allen’s case and his compensation trial here.

DNA Evidence Links Another Man to Murder of a Young Girl

Illinois man Andre Davis was only 19 when he was arrested for the murder of 3-year-old Brianna Stickle. While he has not yet been completely exonerated, DNA tests have linked another man to the case, and Davis will either be retried or have the charges against him dropped within the next several weeks. At present Davis’s conviction has been overturned.

Read more about Davis’s case and his future here.

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Weekly Update: While Some States Move Forward, Others Seem to Be Holding Back on Justice Reform

Chelsea — April 02, 2012 @ 2:46 PM — Comments (1)

Virginia Seems Disinclined to Free the Wrongfully Convicted

A surface level examination of Virginia’s massive DNA evidence evaluation seems to indicate that the State is taking wrongful convictions seriously and is attempting to uncover and exonerate those who were convicted of crimes they did not commit. Seven years and $5 million ago, then-governor Mark Warner ordered a random examination of 31 old cases containing biological evidence that hadn’t been tested for DNA. The audit revealed two wrongful convictions which, in turn, prompted the governor to call for an audit of all cases from 1973-1988 that contained biological evidence.

The problem surrounding this project, however, is that there appears to be an inclination to keep the project hidden, to keep information away from the public eye. No one really knows how this testing is being conducted, and oftentimes innocent people aren’t informed of their proven innocence until months or even years later (as in the case of Bennett Barbour). Conducting wide-scale DNA testing on cases closed before the testing was available is an excellent and necessary step towards freeing the innocent, but it means nothing if there is inclination to keep the information hidden. Pride and ego have no place in the justice system, especially not when the freedom of innocent people is on the line.

Read more here.

New York DNA Database Expansion Signed into Law

New York Gov. Andrew Cuomo signed a bill that will expand the state’s DNA database into law last week.

Before this law, DNA samples were only collected from people convicted of a felony and a small group of misdemeanors. Now, anyone convicted of a felony or any misdemeanor must give DNA to be collected in the state’s database. The State hopes that this will  both decrease and expose wrongful convictions and also lead to putting the real perpetrators behind bars.

Read more about this bill here, here, and here.

Washington State Neglects to Compensate Wrongfully Convicted People Two Years in a Row

The State of Washington’s legislature allowed a new bill that would compensate wrongfully convicted people to die in committee. This is the second year in a row that legislators have allowed this to happen. The bill would have allowed for compensation of up to $20,000 per year of wrongful incarceration.

Exoneree Alan Northrop has spoken in front of the legislature in favor of this bill, but clearly without any success thus far. CNN did a story on Northrop and his wrongful conviction and his efforts with this bill. Watch the story here.

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Florida Innocence Commission Meeting

Chelsea — February 17, 2012 @ 12:44 PM — Comments (0)

On Monday Feb. 13, 2012, the Florida Innocence Commission met at the Supreme Court of Florida. The meeting focused on two of the major contributing factors of wrongful convictions: informants/jailhouse snitches and improper/invalid scientific evidence. The first several hours of the meeting were spent discussing the various options available to the Commission with regard to snitches.

The Commission considered giving recommendations for a set of detailed jury instructions in the case of informant testimony, instituting a rule requiring pretrial screenings to determine the reliability of informants, and amending the discovery rules in the Florida Rules of Criminal Procedure (Rule 3.220). Ultimately, a majority of the Commission decided against recommending  pretrial reliability hearings. Commission member Mary Barzee-Flores asserted that it would be inappropriate for the courts to exclude witnesses from testifying because they were deemed unreliable. She said, “it is in the province of the jury to determine whether or not a given witnesses testimony is reliable.” The Commission was, however, in favor of creating a special jury instruction to be used in cases with informant testimony. The Commission moved to recommend the use of an instruction informing juries that some witnesses, like informants or snitches, may have been offered certain things (such as safety from prosecution in another case), in exchange for their testimony and  should thus be treated with more caution than the testimony of other witnesses.

The Commission also moved to have a subcommittee that has previously discussed amending the discovery Rules of Criminal Procedure to continue discussing the language to be used in amending that rule.

The next meeting will take place in Orlando on March 12 at 9:30 a.m. The Commission will continue discussing improper/invalid science and the possibly reforms to prevent their use as evidence in trials. The commission will continue meeting until June 2012, when they will release their final report detailing their findings and recommendations.

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