Same Narrative, Different Players

Anne — March 25, 2013 @ 4:50 PM — Comments (0)

Final installment in a 3-part commentary on Solitary Confinement. Read Part I here and Part II here.

If anyone were to ask Anthony Graves and Stephen Slevin what they have in common, the two men might automatically respond to the basic facts of their previous incarceration, subsequent release from prison and jail, respectively, and of their ultimate receipt of funds from their respective states for crimes committed against them.

Their commonality, however, is more significant than their incarcerations and subsequent freedoms.

While Anthony Graves,  incarcerated  in a Texas prison for nearly two decades for a crime he did not commit, emerged a free man, his imprisonment affected him in ways only he can fully acknowledge. Speaking before a Senate Judiciary Committee on solitary confinement in June 2012, he relayed in great detail the psychological, emotional and physical horrors visited upon prisoners confined to solitary confinement. Eye-gouging, skin-cutting and other forms of self-mutilations only partially describe the horrors of solitary confinement, the systematic practice of segregating prisoners deemed a danger to themselves and/or other prisoners. Listening to Anthony Graves speak of the psychological effects of solitary confinement is painful. He is the one, however, who lives with the memories only those on the outside can imagine. Difficulties with sleeping are only one of the many consequences he faces as a “free” man. Even though he is no longer behind bars, his freedom comes with–and at–a price: revolving nightmares of his incarceration. Graves’ freedom is, as he described during the Senate hearings, is a journey of caution, one which he must carefully navigate one step at a time.

While Stephen Slevin’s circumstances differ slightly from Anthony Graves’ walk to freedom, their paths are eerily similar.

In August 2005, while driving through Dona Ana County, New Mexico, with no specific destination in mind, Slevin was arrested on a DWI charge and for driving a vehicle that did not belong to him. From the point of his arrest and subsequent transfer to the county’s detention enter, his nightmare began. Never officially charged with committing a crime, he also never had  a trial, languishing in jail for 22 months. From the moment of his detainment, his association with human contact was limited. Initially placed in a padded cell on the jail’s floor–wearing only a “suicide smock”–Slevin faced the first of two impending transfers following a few weeks of medical examination at the facility. While prison policy dictated open showering with other inmates, he was administratively placed in an “observation cell,” which contained its own shower, toilet and a window. The amenities were not, however, due to the goodness and graciousness of jail officials; the services were provided for the purpose of observing Mr. Slevin on a 24/7 basis. Following the assignment of his “private quarters” he was eventually transferred to solitary confinement where, until his release from jail, he remained.

In view of Slevin’s placement, controversy surrounds (to this day) his placement in a 6-by-11 foot cell. With little to no outside contact, his mental health began to deteriorate. Matt Coyte, Slevin’s attorney, who worked tirelessly over the years to free him, said that prison policy dictates that mentally ill inmates be placed in administrative segregation. Not so, according to Jess Williams, Dona Ana County’s public information director. According to Williams, Slevin was administratively placed at his (Slevin’s) request, because, according to the director, Slevin did not wish to be placed in the prison’s general population, that upon an opportunity to join the general population in a cell block with a day room, he refused. The remaining (and only option, according to Williams) was to place Slevin in one of the facility’s 28 solitary confinement cells.

In January 2006, three months after placement in solitary confinement, Slevin began exhibiting delirious behavior. Previously able to compose letters to his sister as well as correspondence to jail officials in appeal of medical attention, he informed jail officials of his inability to sleep and began experiencing panic attacks. According to Coyte, Slevin began a slow mental decline, exhibiting constant rocking, back and forth, in his cell. Other medical conditions arose during his incarceration as well. While he was given food and provided medication during his incarceration, other behaviors and conditions, attributed to his confinement, arose: He quit bathing, fungus grew on his skin, his toenails grew to such lengths they began to curl, and he was in need of dental work. The pain of a decaying tooth drove him to self-extract the tooth. According to his attorney, Slevin “began to decay, essentially, as a human being.”

Photographs of the former inmate, from the time of his arrest to his subsequent release in 2007, show a man nearly unrecognizable from his 2005 booking photo. His face, noticeably drawn, was shadowed by long, thinning gray hair; where no facial hair presented itself in the initial photo, a bushy, flowing, gray beard, reached his chest. Slumped shoulders beneath orange jail attire added to his desolate look. If the eyes are a window to one’s soul, Stephen Slevin’s vacant stare into the camera was a defeatist’s gaze. In an interview conducted with NBC News on March 6, 2013, Coyte reiterated Slevin’s state of mind and health, emphasizing that Slevin’s mental health “has been severely compromised from the time he was in that facility . . . [that] no amount of money will bring back what they took from him.” Based on substantial reports of Slevin’s 22 month incarceration, few will argue with the attorney’s assessment.

While the charges against Stephen Slevin were eventually dropped in 2007, Don Ana County, New Mexico has settled a claim filed in federal court for Slevin’s ordeal. It is one of the largest prisoner civil rights payouts in U. S. history, and if final numbers matter, the judicial disaster amounts to high figures: $22 million awarded to Slevin; $15.5 million agreed upon in a final settlement; $9.5 million from county coffers (in other words, taxpayers will foot the bill) ; 22 months in which Slevin was held in legal limbo, and no county official has thus far been held accountable for the injustice inflicted upon him.

Due to court-imposed settlements awarded Anthony Graves and Stephen Slevin, each man may have a chance of rebuilding their lives following the egregious actions perpetrated against them. No amount of financial settlements, however, can remove the memories and experiences that each endured at the hands of an unjust legal system. A fervent advocate against the practice of solitary confinement, Anthony Graves is a forceful orator overseeing a non-profit organization, “Anthony Believes,” that addresses injustices in the penal justice system. His support of prisoners’ rights takes him on speaking engagements throughout the country where his voice is clear, honest and straightforward. Even though Stephen Slevin is, like Anthony Graves, a “free” man, his current battle with lung cancer (not evidenced by his lack of proper medical treatment in prison) is his first priority.

While we wish Stephen Slevin well and hope that he will overcome his battle with cancer, we also hope that he has begun to heal from the horrors endured in Dona Ana County, New Mexico.

 

 

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Documenting Their Strife

Jessica — March 20, 2013 @ 10:57 AM — Comments (0)

Movies documenting the lives of those exonerated from their wrongfully conviction have become powerful forces bringing to light some of the flaws in our criminal justice system. The Central Park Five and An Unreal Dream: The Michael Morton Story are compelling tales of those wrongfully incarcerated, exonerated and their lives thereafter. The documentaries are crucial to spreading their stories following their ordeal from the very beginning on the night of the crime to their new lives after exoneration.

Many would say that the idea that our criminal justice system could potentially convict the wrong man is not only devastating but also appalling. For these six men, this idea became a horrific reality.

The Central Park Five describes the case of the five individuals, Antron McCray, Kevin Richardson, Yusef Salaam, Raymond Santana and Korey Wise, who were charged and convicted of the brutal beating and rape of a Central Park jogger. Some will argue that these young boys were guilty of  the crime even before they saw the inside of a courtroom. Now facing allegations of prosecutorial misconduct, the case unravels the false confessions, addresses mob mentality and delves into the racism of New York City during the time of the Central Park Jogger. Deron Dalton of The Huffington Post claims,

“The documentary, originally released on Friday, Nov. 23, 2012, gives these five innocent black and Latino men, the voices they were wrongly denied since falsely confessing to the horrific rape of the Central Park Jogger, Trisha Meili the night of April 19, 1989.”

The Central Park Five trailer:

The murder of Christine Morton in 1987 was a high profile murder case in the State of Texas. Michael Morton was convicted and served 25 years in prison before post-conviction DNA testing proved his innocence exonerating him in 2011. Al Reinart  provides his reasoning behind making the movie, in Texas Monthly, stating,

“Michael went to prison for 25 years for something he didn’t do, and he not only survived that experience, but he emerged from it a very humble, gracious man. I found that very compelling. I could not imagine myself being able to do that. It was apparent from the very beginning that Michael’s story is just an amazing human story, but it became more and more fascinating as the project went on. The goal really was just to not screw up telling it.”

An Unreal Dream: The Michael Morton Story trailer:

These documentaries dig deep into each case, exposing the problems of the criminal justice system that severely affected the lives of these six men. Michael Morton has chosen to hold his prosecutor – now Judge – Ken Anderson accountable for the misconduct in his trial while the Central Park Five continually fight for their right to compensation for the wrongful incarceration. An Unreal Dream: The Michael Morton Story premiered at the South by Southwest Festival on Monday, March 11, 2013 and The Central Park Five will air on PBS Tuesday, April 16, 2013.

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Inspiration to All: Betty Anne Waters to Receive the Frank Lee Smith Innocence Award

Jackie — March 12, 2013 @ 9:54 AM — Comments (0)

Betty Anne Waters, Kenneth Waters on day he was exonerated.Not many lives inspire a full-length movie. However, Betty Anne Waters’s did.

Her life and her brother’s wrongful conviction inspired the 2010 movie, Conviction. After Kenneth “Kenny” Waters was wrongfully convicted in 1983 for the 1980 murder of Katherina Brow in Ayers, Massachusetts, Betty Anne pursued a college and law degree into order to exonerate her brother. A NY Times article, entitled “From Waitress to Brother’s Savior, Then Hollywood Hero,” describes her story:

“Ms. Waters had only a job as a waitress, her high school equivalency, two kids and a stack of bills when she set out to rescue her brother Kenneth Waters, who served 18 years in prison for a murder he did not commit. Now she has a college degree, a law degree and the stunning achievement of having succeeded, after nearly two decades, in overturning her brother’s conviction.”

On April 5th, we will present the Frank Lee Smith Innocence Award to Ms. Waters for her inspirational work and dedication to correct injustices caused by wrongful convictions at our annual Steppin’ Out gala.

“We recognize that wrongful convictions impact many lives – not just those who are sent to prison, but their families too.” said Seth Miller, Executive Director of the Innocence Project of Florida,  “Kenny’s wrongful conviction took Betty Anne’s life in a very different direction.”

This award is named in honor of Frank Lee Smith, Florida’s first DNA exoneree. Sadly, Frank Lee Smith died of cancer on death row 11 months before the State of Florida agreed to DNA testing. It was his struggle and persistence that in part led to the passage of Florida’s post-conviction DNA testing law and the formation of the Innocence Project of Florida.

Today, Betty Anne lives in Bristol, Rhode Island, and works as the general manager of a pub. She works to help the Innocence Project spread the word about wrongful convictions by speaking out about her story.

 


To purchase tickets for Steppin’ Out click on the “buy tickets” button. BuyTicketsbutton

 

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Nerheim’s Review Panel

Jessica — March 11, 2013 @ 11:25 AM — Comments (0)

On Thursday, February 21, 2013 in Illinois, Lake County’s State Attorney Mike Nerheim established a voluntary advisory panel to review cases that involve possible wrongful convictions. Nerheim created two boards to serve as one panel in order to assist both his office and the community. The Case Review Board is comprised of six individuals in the legal profession including lawyers and retired judges. The Citizens Advisory Board includes four individuals from the community ranging from a pastor to a newspaper reporter. Actively including those in the community provides a “non lawyer” outlook and approach on the cases.

After being sworn in, Nerheim wanted each panel member to become acquainted with wrongful convictions as a whole. Understanding why wrongful convictions happen and how it can be prevented allows each person fulfill their duty to the highest ability. The State Attorney’s Office has recently been under fire as four high profile cases have been overturned and declared wrongful convictions. Nerheim believes it is his duty to turn the reputation of the office around. He is hoping the review board will shed new light on cases as well as preserve the reputation of the State Attorney’s Office. The Daily Herald quotes Nerheim,

“All of the cases we’ve dealt with in Lake County have to do with DNA. I don’t want them to limit this to DNA. I want them to look at any issue involving wrongful convictions — whether it’s DNA, whether it’s identification, whether it’s a confession issue — and really help come up with protocols so we can put them in place and work with police to help ensure this doesn’t happen again.”

Nerheim claims to have received the idea for the review panel from a similar board in North Carolina. The emergence of voluntary review boards such as these will, hopefully, decrease wrongful convictions. Nerheim has received much support from the community and those in the State Attorney’s Office. In the Lake County News-Sun, Congressman Bob Dold claims, “What the state’s attorney is doing is exciting. I think it’s a great step for Lake County.”

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Bloodsworth and Colbert – The Tough Questions

Jessica — March 6, 2013 @ 12:40 PM — Comments (0)

On March 4, 2013, The Colbert Report featured Kirk Bloodsworth, the first person exonerated from death row using DNA testing. Today Bloodsworth is the Advocacy Director for Witness to Innocence, an organization that is actively advocating the repeal of the death penalty in all states.

Through humor and jokes, Stephen Colbert asked the difficult questions about the death penalty, wrongful convictions and DNA exonerations, including “how do you plan on abolishing the death penalty?” and “what are the effects in the repeal of it?” His unique approach brought home the point that Bloodsworth actively advocates – if one innocent person dies due to the death penalty, then that is one too many.

To view the Bloodsworth interview, click below.

 
Kirk Bloodsworth was sentenced to death in Maryland in 1985 for the rape and murder of a nine year old girl, Dawn Hamilton. He served nine years in prison when, in 1993, post conviction DNA testing proved Bloodsworth was not Hamilton’s killer. His conviction was overturned and he was exonerated. Kirk Bloodsworth was the first inmate to be exonerated from death row. His case was much like many others and since then, 142 men and women have be released from death row.

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Death Row DNA Exoneree Kirk Bloodsworth – Tonight on the Colbert Report

Jackie — March 4, 2013 @ 7:23 PM — Comments (0)

Tonight on the Colbert Report, Kirk Bloodsworth,  the first person to be exonerated from death row using DNA testing, will talk about his time on death row and how DNA testing set him free. The program airs at 11:31 p.m. on Comedy Central.

He was exonerated in 1993. Today Kirk is the Advocacy Director for Witness to Innocence, an advocacy group working to abolish the death penalty.

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Life on the Outside

Jessica — March 1, 2013 @ 5:37 PM — Comments (1)

After serving seven years in a prison for a crime he did not commit, Ronald Ross walked out into the free world on February 22, 2013. Wrongfully convicted of attempted murder in 2006, Ross spent seven unnecessary years behind bars. Yet his lawyers claim that he has no desire to retaliate against the justice system. Ross would rather focus on regaining his life.

Ross spoke with about his new life on the outside. Ross claims to ABC , “I’m just like a newborn baby, got to take one step at a time.” The lawyers of the Northern California Innocence Project worked diligently on Ross’ case in order to exonerate him from a wrongful conviction. The challenges for Ross may, unfortunately, become more difficult before becoming any easier.

It is difficult to imagine the psychological toll of a wrongful conviction. It was loosely described to me as if one is relocated to a foreign country where the language and the customs are very different. Nothing is remotely the same, therefore the brain must learn to adapt to the foreign environment creating new physical pathway of thought processes. In an exceedingly new environment, one has no choice but to ask for help in order to function. The Innocence Project of Florida employs a social services professional who specifically works with the exonerees to ease the transition from behind bars to life on the outside. These wrongfully convicted individuals spent many years, even decades, in prison.

James Bain, exonerated by the Innocence Project of Florida in 2009 after 35 years of wrongful incarceration, said he was very worried about transitioning from his life in prison to life on the outside but felt a sigh of relief when he found out that IPF would provide him transitioning services. He states that the transition was incredibly difficult but is glad IPF was there for support after his exoneration.

Serving time in prison can feel like being frozen in time. While the world continues to grow and advance, those convicted must remain separate, and thus causing a disconnect between life before and after prison. Inmates may experience similar anxieties and thoughts, however, the experiences of one inmate are never exactly the same as the other. Every life, every case, and every exoneration is highly individualized. The successful assimilation back into society depends greatly on the social and familial support system.

Having a family for support during the entire process has shown to increase the success of the individual. Since the wrongfully convicted individual is not the only one affected, this year Steppin’ Out with The Innocence Project of Florida is paying tribute the family members who lost a loved one for decades to a wrongful conviction. Join James and other exonerees on April 5, 2013, from 6-9 p.m. at the Four Seasons Hotel in downtown Miami, Florida. Click here to find out more about Steppin’ Out 2013.

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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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Update: Tickets to Celebration Available, On-line Auction Open & Legal Happenings

Jackie — February 25, 2013 @ 5:24 PM — Comments (1)

In this video update, Executive Director Seth Miller talks about Steppin’ Out with the Innocence Project of Florida, our annual fundraising event, and provides an update on an important ruling recently received in one case.

Steppin’ Out with the Innocence Project of Florida is Friday, April 5th at the Four Seasons Hotel, Miami. Cocktails begin at 6 p.m. with dinner and program, 7 to 9 p.m. You can purchase tickets now and sponsor a table.

Buy Tickets to Steppin' Out today

Wrongful convictions impact more than just those who were sent to prison. The theme for this year is Wrongful Convictions: A Family Matter. We recognize the reality that wrongful convictions impact more than just those who were sent to prison. Not surprising, it can be devastating for the family – losing their son, brother or dad to a wrongful conviction, often for decades.

Betty Anne Waters with her brother Kenny on day he was exonerated.The celebration this year will highlight IPF’s 10th anniversary and honor Florida’s DNA exonerees, pay tribute to their families who lost a loved one for decades, and present the Frank Lee Smith Innocence Award to Betty Anne Waters, whose life inspired the movie Conviction. You can watch the movie trailer here.

The event this year includes an on-line auction that includes several unique travel packages and experiences. The items in the on-line auction are open for pre-bidding and will close at the live auction on April 5, 2013. You have until 6:00 pm on April 3, 2013 to place your maximum bid – so you can still be a winner even if you are not in attendance.

Seth also addresses a recent ruling by the 4th District Court of Appeal (DCA) that will enable DNA testing to move forward in Esdras Cardona’s case. The DCA ruled that we have the right to consume the entirety of the evidence if that is what is needed to get a result during post-conviction DNA testing and the State cannot place undo restrictions on post-conviction testing.

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Reformation of an Imperfect System

Jessica — February 22, 2013 @ 4:37 PM — Comments (0)

In light of more than 300 exonerations throughout the United States, the reformation of the criminal justice system has become a steady process in many states. Proposals for laws and regulations are starting to appear on the floor of various state Senates and House of Representatives throughout the country. These laws are slowly being implemented within the criminal justice system in an effort to reduce the amount of wrongful convictions.

The Washington Post opens,

“Courts and police in the nation’s capital will change how they conduct lineups of suspects, when they notify defendants about informants and how long they retain criminal trial records, all in response to errors that have put innocent people in prison.

A task force created by D.C. Superior Court Chief Judge Lee F. Satterfield recommended that police use computers and staff not associated with a particular case to administer photo lineups to prevent influencing potential witnesses.

The court acknowledged that DNA often has cleared defendants long after their convictions, so officials will by March begin keeping trial records permanently rather than destroying them after 10 years.”

Police are not the only ones reforming current procedures. Legal professionals are also having to alter their ways of questioning and proceeding in a criminal trial.

An open discovery bill has been filed in the Texas House of Representatives that demands that both the defense and prosecution in criminal cases must have open files towards to opposing side. If passed and signed into law, it would hopefully eliminate the withholding of exculpatory evidence by the prosecution.

In The Texas Tribune, spokeswoman Rebecca Bernhardt for the Texas Defender Service states,

“The more sharing, the more broad, automatic disclosure that happens in advance enough of the trial for the defense to be able to prepare their case, the more fair criminal trials are going to be.”

The recent effort to pass Texas House Bill 1426 and the court of inquiry against Judge Anderson has dramatically highlighted the severe problems that exist in the Texas criminal justice system.  In the same Texas Tribune article, Polk County District Attorney Lee Hon says,

“It’s going to be a very timely discussion in view of everything that has gone on in Williamson County and some of the other exoneration cases…I think both sides could definitely stand to be a little more transparent.”

Innocence projects nationwide hope to see reforms take place in many different components of the criminal justice system – starting with the investigation, interrogation and identification of a suspect to improved instructions for juries. Understanding that reforming an entire system does not happen over night is important.  We certainly hope that as the reformation continues, the number of wrongful convictions decrease.

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