Reports on 78 convicted people whose DNA was excluded in Virginia’s post-conviction testing project — and whose identities have largely been kept secret by the state — will be released under the Freedom of Information Act after July 1, according to the Richmond-Times Dispatch and the Mid-Atlantic Innocence Project.

For unknown reasons, DFS has been resisting these documents’ release. However, the state budget now features an amendment that orders it.

The fact that such measures were required to release the documents implies that they will come out smelling like fish, not to mention that the department that exists to ensure the truest justice was doing the resisting. While DNA testing has mostly been reversing misidentification cases, it is also proving errors in some past and current forensic processes.

The fear of being discredited continues to stifle the truth in this and other cases. An understanding about forensics scientists needs to exist: they can make mistakes, but even more so that older determinants that they were taught were legitimate, are not necessarily.

More on the dependability of forensics here

MSNBC’s “Rock Center” reports on misidentification issues

In a mock identification test conducted on the web page of the MSNBC show “Rock Center,” 46 percent of the test takers identified the wrong suspect. These are people choosing a face out of six total suspects after seeing a very brief surveillance video, in the comfort of their homes, stress free. Even without outside factors, almost half would have sent the wrong person to trial.

The report also shows how Dallas, Texas has formed a model which they hope to be much more effective. When someone looks at a page of multiple faces they compare the faces to each other, not to the one they have in their memory. So, Dallas utilizes a photo administer, to avoid bias, who shows the photos to the victim or witness one by one. The report shows actual footage of this process, during which a woman thoroughly observes a few pictures then, when it appears, immediately slams on the photo of what seems to be the perpetrator and breaks down crying.

While it certainly proves a better effort than the truly faulty one-page photo lineup, the identification test that 46 percent of home viewers failed was administered in the same way. Photos were shown one by one, with the ability to toggle back and forth between each. Although this was unscientifically monitored test, its results should still offer fair warning to the trustworthiness of Dallas’ model.

See the video, article, and take the test here.

However, Williams and Jackson still have to register as sex offenders for pleading guilty to the latter assault charge. Sadly, the amount of time and probable lack of evidence existing may not merit a pardoning of it. The larger news at this moment is that they escaped a life sentence. If no attempt to pardon them is moved forward, the men will live the rest of their lives as registered sex offenders. The circumstances of them pleading guilty shed reasonable doubt upon their actual guilt. The decision of whether to reenter court must be weighed out by the men. If they decide not to, their years in prison will carry through their lives with this label.

In an Ohio case, Lucas County Prosecutor Julia Bates said the recently tested DNA is not exactly pertinent to the exoneration of Danny Brown because the victim, Bobbie Russell, was attacked with a blunt instrument. She says it does not exonerate him as a suspect, but of course it exonerates him as guilty. Since Brown has already served out his 15 year sentence, the exoneration of the crime seems superficially pointless. But consider that not only does Brown still have this crime on his record, the person the DNA pointed to, Sherman Preston, will be able to get out of prison in 2020 once his other sentence serves out. Justice will not be served to him yet somehow satisfied in the wasted years of Brown in prison.

The chief support Bates relies upon in not wanting to exonerate Brown is the testimony given from the then seven year-old son of Russell. The supposed eye witness account of a seven year-old that clearly had to have been under stress at the time is a text-book example of witness misidentification. Rather than consider that the DNA evidence is dually supported by the lie detector test that Brown passed in 2001, Bates considers good science irrelevant and bad evidence legitimate.

While the specifics of the DNA evidence may decide its pertinence, time should be given to decide if Brown should have this over his documented head. But due to the idea of infallible justice system, it does not come to a surprise that Bates leans upon an already decided case.

Our lives are most often not directly affected with the burdens associated with individuals incarcerated in county, state and/or federal facilities. Some of the quiet mantras or prejudices those of us on the “outside” may sometimes harbor might suggest a private, subtle reservation: those on the “inside” most likely engaged the act for which they have been imprisoned. No Questions Asked.  End of Story.

With the influx of cable television and “reality” shows, and cable programming’s prominent place in our living rooms, viewers are sometimes left to decipher the good, the bad and the ugly from the fictional, false and artificial.

Herewith are ten solid films and programs which address real, authentic and bona fide matters of wrongful convictions, false imprisonment, eyewitness identification, recantations, forensic evidence, prosecutorial misconduct and related issues:

• The Exonerated (2006): Starring Danny Glover, Susan Sarandon and Aidan Quinn. The film tells the story of six individuals who were exonerated after being sentenced to death. (The film is Court-TV’s film version of the play of the same name.)
• Conviction (2010): Starring Hilary Swank and Sam Rockwell. “Conviction” presents the true-life story of a woman determined to prove her brother’s innocence for a crime for which he has been falsely convicted.
•  American Justice: Programs include “Lying Eyes” (2001); “Another Man’s Crimes” (2007); “The Green Beret Murder Mystery” (2000). Bill Kurtis serves as the show’s host.
• Dead Men Talking (1998): The program covers the National Conference on Wrongful Conviction and the Death Penalty. The show includes a discussion with Barry Scheck, Rolando Cruz, Dennis Williams, and Kirk Bloodsworth.
• After Innocence (2005): After Innocence tells the dramatic and compelling story of the exonerated – innocent men wrongfully imprisoned for decades and then released after DNA evidence proved their innocence. Focusing on the gripping stories of seven men, including a police officer, an army sergeant and a young father that were sent to prison for decades – in some cases death row – for crimes they did not commit, After Innocence explores the emotional journeys these men face when thrust back into society with little or no support from the system that put them behind bars.
• ABC (Prime Time): False Confessions (2006): The program focuses on the phenomenon of false confessions and interrogation tactics that can lead people to confess to crimes they did not commit. The cases of John Restivo, Dennis Halstead, and John Kogut, who were exonerated through DNA evidence in New York.
• Murder on a Sunday Morning (2001): This Oscar-winning documentary follows the defense case of an African American teenager wrongly accused of robbing and murdering a white tourist in Florida. The film focuses on racism and misconduct in the Jacksonville Sheriff’s Office.
• The Trials of Darryl Hunt (2006): The story of Darryl Hunt’s decades-long fight for justice after being wrongfully convicted of rape and murder. The film follows Hunt’s multiple appeals and chronicles the police misconduct that contributed to the 20 years Hunt spent in prison for a crime he did not commit. The documentary was short-listed for an Academy Award for best documentary.
• Dallas DNA (2009): A program presented by Investigation Discovery highlights the Conviction Integrity Unity, a division of the Dallas County District Attorney’s Office dedicated to clearing innocent inmates through post-conviction DNA testing.
• A Tale of Death, A Tale of Life (2011): A film by Werner Herzog, the documentary tells the story of two death row inmates in the United States. Conversations were filmed at the prison facilities in Livingston and Huntsville, Texas, with the accused: Michael Perry and Jason Burkett. Herzog maintains that he doesn’t present a position on the issue of the death penalty, but he does have “a story to tell.”

Many of these videos are available for purchase through this website along with several books also dealing with wrongful conviction from amazon.com. A portion of the proceeds are returned to IPF. Click here to review and purchase.

The exoneration of Robert Dewey on Apr. 30 in Grand Junction, Co. brought the first success to the 2009 formed Colorado Justice Review Project (JRP). His attorney, Danyel Joffe, convinced the Innocence Project to fund the retesting of the DNA evidence that originally helped convict him.

DNA testing circa 1994 resulted in Dewey’s DNA as being 45 percent consistent with the rest of the population. The same evidence’s preservation made Joffe’s appeal for its retesting possible. Joffe exemplifies the fortitude required to pursue an 11 year case, like Dewey’s, and the unbiased approach a defense lawyer can use to gain respect and cooperation from prosecutors and law officers. The Denver Post discussed the case in detail here and here.

Move for testing seen as “frivolous” in Texas

In the Texas Criminal Court of Appeals, Solicitor General Jonathan Mitchell claimed that testing untested evidence from a crime scene was “frivolous.” Hank Skinner was convicted for the 1993 triple homicide and is currently on death-row. Such evidence includes a bloody and sweaty windbreaker that a victim’s uncle was known to wear, hair found in the victims hand, and a bag of bloody knives. These items could not be more ideal for meriting testing.

While the judges gave promising testaments to the testing of evidence, it is disturbing that we still have to fight such notions against the undeniable proof of DNA.

Read more here.

Dallas County continues to fix an erroneous past

Dallas county released two more men after DNA testing proved their innocence on Tuesday, May 1. 2001. They were the 31^st and 32^nd  released in Dallas County since 2001.

“To say I’m sorry is not enough,” State District Judge Susan Hawk said to Raymond Jackson, 67, and James Williams, 54. “But I hope you both have very full and happy lives.”

These successes also were dependent on the preservation of evidence by Dallas Country. Not only were they tried and convicted by the inaccurate identifications from victims and witnesses, the two African-American men faced an all white jury. Most of the mess Dallas County has to clean up is due to the trust its past convictions erroneously placed in eyewitness testimony, which so often is misconstrued by emotion and inaccurately conveyed by the naturally faulty nature of human memory. Most DNA exoneration cases prove convictions resulting from such testimonies.

More on that story here.

Be sure to check out our silent auction page, which features images and descriptions of the items that will be available at the auction. We’ll be adding to the gallery as items are added, so check back frequently to see all of the wonderful items we’ll have available. And, if you haven’t bought your ticket yet, the time is now!

Juan Rivera has remained fairly quiet since he was exonerated earlier this year in a 1992 Illinois murder, but now he will be speaking at an upcoming panel discussion on wrongful convictions. Rivera will appear at Northern Illinois University’s College of Law in DeKalb Tuesday on a so-called Innocence Panel that also includes Justice Susan Hutchinson of the Illinois Appellate Court’s 2nd District, which authored the ruling that led to Rivera’s release, according to the Lake Forest TribLocal.

The panel is scheduled with the intent of bringing awareness to the critical importance of justice reform in preventing wrongful convictions, especially considering an upcoming general election when Lake County will be electing a new state’s attorney.

Read more about Rivera’s case and the upcoming NIU Innocence Panel here.

Connecticut Senate Moves to Repeal Death Penalty

Last Thursday the Connecticut Senate debated for hours before deciding in a 20-16 vote to repeal their death penalty law. Connecticut’s largely left-wing House of Representatives is expected to return a vote in favor of repealing the law within the next several weeks, according to the Associated Press. Further, “Gov. Dannel P. Malloy, the first Democratic governor elected in two decades, has vowed to sign the same bill vetoed by his Republican predecessor.”

Connecticut is one of five states to have done away with the death penalty recently, including New Jersey, New Mexico, New York, and Illinois. However, those states are ones that have hardly used the death penalty within the past fifty years.

Several other states, such as Kentucky and California, have proposals to repeal capitol punishment pending. Increased awareness of how often our system gets it wrong is a big part of why these precautions and considerations are being made.

Read more here.

New York Attorney General Establishes Wrongful Conviction Investigative Board

Wednesday Attorney General Eric T. Schneiderman announced the creation of a new department within the New York Office of the Attorney General; an unprecedented department that will act on an initiative to address issues causing wrongful convictions statewide.

“There is only one person who wins when the wrong person is convicted of a crime: the real perpetrator, who remains free to commit more crimes. For victims, their families, and any of us who could suffer the nightmare of being wrongly accused, it is imperative that we do everything possible to maximize accuracy, justice, and reliability in our justice system,” Attorney General Schneiderman said, according to a Long Island Press Release. “As a result, my office will be working with District Attorneys across the state to address compelling claims of innocence, and I will conduct a top-to-bottom review of my office’s investigatory and prosecutorial procedures, and adapt them as needed to ensure reliability.”

The new bureau has three major tasks; it will review potential wrongful conviction cases from within the District Attorney’s office, it will conduct a thorough review of the Office of the Attorney General’s investigatory and prosecutorial procedures, and a subcommittee of the Bureau will meet to resolve unjust conviction torts filed against the State. This will enable exonerees meeting the requirements for compensation under state law, to receive it in an efficient, streamlined manner.

Read more here.

While we have no proof or actions yet to verify the words of the Attorney General, this is an organization that we need, nationwide, to reform the justice system. While it may still not go far enough (we still need to change police procedures and the prejudices and biases that exist in juries), this in combination with New York’s increased DNA database makes New York one of the most proactive and progressive states with regard to justice reform. And for that, I commend them.

The organization chose Holland & Knight to receive this year’s award “in recognition of their ongoing contributions to the cause of justice.” In 2003 the firm took on the bulk of the pro bono representation of IPF’s first 40 cases to prevent those clients from being time barred by the DNA testing deadline then in effect. Holland & Knight, whose Miami office is one of South Florida’s largest, was also the counsel of record in the Luis Diaz and Chad Heins cases, both of which led to exonerations.

“Holland and Knight played a critical role in getting this project’s mission off the ground,” says Seth Miller, IPF’s Executive Director. “In 2003 we had hundreds of requests from inmates, a two-person staff, a handful of student volunteers, and an arbitrary DNA testing deadline rapidly approaching. Holland & Knight provided considerable assistance when it was most needed. This state’s innocence movement owes them a huge debt of gratitude.”

D’Alemberte, for whom the award is named, practiced law in Miami for several years and represented Dade County in the Florida House of Representatives. He went on to serve as President of the American Bar Association (1991-1992) and President of Florida State University (1994 -2003). D’Alemberte also served as the founding chairman of IPF’s Board of Directors on which he continues to serve.

“The board wanted to honor Sandy in an enduring and meaningful way in consideration of all that he has done and continues to do in furtherance of the cause of justice in Florida, throughout the U.S., and abroad, including the establishment of the Innocence Project of Florida,” said Mark Schlakman, chair of the board of directors.

The Frank Lee Smith Innocence Award will go to Martin J. “Marty” McClain, Esq., the post-conviction attorney who represented Smith, for whom the award is given. Smith, the first Florida DNA exoneree, died of cancer while on Death Row before his exoneration. It was his struggle that in part led to the passage of Florida’s post-conviction DNA testing law and the formation of the Innocence Project of Florida.

“Marty’s work as a post-conviction litigator representing death row inmates has earned him the deserved reputation as a top defender of those in peril of execution. Among his many successes over the past two decades is the bittersweet posthumous exoneration of Frank Lee Smith. We are so pleased to honor Marty in this way,” said Michael Minerva, IFP’s CEO.

Also slated to be honored are 13 men who spent more than 230 years in Florida prisons for crimes they did not commit. It was not until DNA testing proved their innocence that they were exonerated and released. Florida DNA exonerees planning to attend the Miami event include Alan Crotzer, James Bain, Orlando Boquete, Luis Diaz, Derrick Williams, and William Michael “Bill” Dillon, who will perform some of the songs from his recently released CD Black Robes and Lawyers.

The evening will include a VIP reception with the exonerees, a silent auction, a gourmet dinner with open bar, and keynote address by Professor Lawrence C. “Larry” Marshall, Associate Dean of Stanford Law School and Co-founder of the Center on Wrongful Convictions. Master of Ceremonies for the evening will be Henry M. “Hank” Coxe, Past President of The Florida Bar. Ticket and sponsorship information is available at www.floridainnocence.org.

The Innocence Project of Florida is a nonprofit legal organization that works to find and free innocent people in Florida’s prisons, helps them rebuild their lives after decades of wrongful imprisonment, and works to reform the criminal justice system so wrongful convictions do not continue to happen. The funds raised from Steppin’ Out will assist the organization’s efforts to fulfill its mission.

Buy your ticket for justice today!

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.

Florida’s 13 DNA exonerees don’t have to imagine; they know just how it feels to serve time for crimes that they had nothing to do with. At Steppin’ Out with the Innocence Project of Florida, IPF’s first annual gala, you will get to hear the stories of these amazing men. Amazing, inspiring, and horrifying – the stories that they have to offer are the best proof that our justice system is broken and needs to be fixed.

William “Bill” Dillon is one of Florida’s DNA exonerees, and he will share his stories through song with a performance at this special event. Dillon learned to play guitar while serving 27 years for a murder he didn’t commit and released his first album, Black Robes and Lawyers, in 2011.

Reserve your spot today to step out for justice and hear these inspiring men share their stories.