Posts Tagged ‘Andrew Cuomo’


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

Chelsea — February 03, 2012 @ 10:10 AM — Comments (1)

Missouri Man, Clayton Price, Exonerated.

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

NY State Senate Passes DNA Database Expansion Bill

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

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

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

The Nation’s 140th Death Row Exonoree Goes Free

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

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

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

Chelsea — January 31, 2012 @ 4:43 PM — Comments (1)

Exonoree Scott Fappiano Struggles After His Name Is Cleared

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

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

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

Pennsylvania Legislature Considers Compensation Laws for Exonorees

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

Not so with victims of the justice system.

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

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

Jackson, MS Exonoree Receives Settlement Result of Police Misconduct

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

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

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

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

Law & Order Star Mariska Hargitay Endorses  DNA Database Expansion

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

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

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YouTube DirektMariska Hargitay Support DNA Expansion

Chicago Exonoree Thaddeus Jiminez Wins $25 million for wrongful conviction

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

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

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

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