Posts Tagged ‘exoneree’


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.

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RSVP to Step Out for Justice with IPF

Chelsea — April 11, 2012 @ 12:28 PM — Comments (2)

RSVP today to reserve your spot to step out and support the innocence movement and sponsor fairness in our justice system. The evening will feature a special VIP reception where you’ll get to meet and speak with some of Florida’s exonorees, a magnificent silent auction, dinner with keynote speaker Professor Larry Marshall, an awards ceremony, and more.

Buy your ticket for justice today!

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William Dillon to Perform at IPF’s First Annual Gala

Chelsea — March 28, 2012 @ 1:23 PM — Comments (2)

Can you imagine losing decades of your life to punishment for a crime you did not commit?

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.

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Steppin’ Out with Florida’s Exonorees

Chelsea — February 28, 2012 @ 5:56 PM — Comments (2)

Steppin’ Out with the Innocence Project of Florida is your opportunity to meet many of Florida’s exonerees who spent two or three decades wrongfully imprisoned for crimes they did not commit. Chat with them one-on-one at the VIP reception. Hear their inspiring stories of hope and perseverance.

You’ll get to know Derrick Williams, Alan Crotzer, Orlando Boquete, James Bain, William Dillon and others.  Learn what life is like after exoneration for them and their families.

William Dillon will perform several songs from his CD including Black Robes & Lawyers.  He wrote all of the songs on the CD during his 27.5 years of wrongful incarceration.

Buy your tickets today and step out for justice for the many others remaining in prison yet completely innocent.

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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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Six Years Ago Today

Seth — January 23, 2012 @ 9:23 PM — Comments (1)

Alan Crotzer, walking free with his attorneys Sam Roberts (left) and David Menschel (right), on January 23, 2006, after 24.5 years of wrongful incarceration.

Congrats Alan on six years of freedom.

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January 2012 Video Update

Chelsea — January 11, 2012 @ 5:35 PM — Comments (0)

In this video update, Executive Director Seth Miller provides a summary of several bills that will be addressed during the 2012 Florida legislative session. Seth also gives information about two upcoming Innocence Project of Florida events.

Four bills, all dealing with the death penalty, will be looked at during this legislative session. Three bills deal with the way the juries decide on giving the death penalty. Senate Bill 772, sponsored by Senator Thad Altman, Senate Bill 352, sponsored by Senator Oscar Braynon, and House Bill 29, sponsored by Representative John Patrick Julien all seek to require a unanimous decision by the jury to send someone to death row. Currently, Florida is the only state in the nation that allows people to be sent to death row with a simple majority vote. Someone convicted of a capitol offense can be executed with a vote of 7 to 5. The three above bills would change that and bring us in line with other states and make the justice system more fair.

The fourth bill is House Bill 4051 and is sponsored by Representative Michelle Rehwinkel Vasilinda. The bill seeks to abolish the death penalty in Florida.

While the Innocence Project of Florida does not take an official stance on the death penalty, we hope that you will call your senators and representatives and encourage them to support these bills. In a system that so often gets it wrong giving the death penalty by simple majority is risky.

The Innocence Project of Florida also has some exciting events coming up in the next several months. On January 19 from 2-4 p.m. Seth and one of our exonorees, Alan Crotzer, will be at the Selby Library in Sarasota, FL, speaking about the Innocence Project of Florida and Alan’s experiences. On April 26 the Innocence Project will hold Steppin’ Out with the Innocence Project of Florida, its first annual gala. The gala will be held at the Four Seasons Hotel in Miami, and will honor IPF’s exonorees and several other special guests. More information is here.

 

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Meet Alan Crotzer and Learn More About IPF’s Work

Jackie — January 09, 2012 @ 11:02 AM — Comments (0)

12 of 13 Florida DNA exonerees have seen the bright light of freedom.The Innocence Project of Florida will present an educational program on Thursday, January 19, 2012, at 2:00 p.m. at the Selby Library in Sarasota (1331 First Street). The program will be held in the auditorium and is free and open to the public.

Seth Miller, Executive Director of the Innocence Project of Florida, will discuss the causes of wrongful convictions, the potential corrective actions that may prevent future wrongful convictions and our work to find and free innocent people in Florida prisons and help them rebuild their lives.

Seth will be joined by Florida DNA exoneree Alan Crotzer who spent 24.5 years locked away for a crime he did not commit before DNA testing proved his innocence. Alan was exonerated in January 2006 and has become a sought-after speaker and advocate for criminal justice reforms.

Please join us to learn more about the work of the Innocence Project of Florida and hear Alan’s story of perseverance and strength.

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Discussion of Wrongful Convictions at Univ. of Washington Tacoma Forum

Chelsea — January 04, 2012 @ 12:44 PM — Comments (1)

University of Washington Tacoma will present a forum discussing wrongful convictions, the factors that contribute to them and methods to decrease the incidences of these occurrences next week, on January 11. As the single greatest cause of wrongful convictions is mistakes make by eyewitnesses in identifying suspects, the forum’s panelists will discuss  measures that can be taken to decrease mistaken identifications, with a focus on those that pose no additional costs to taxpayers.

According to a release about the forum, national estimates of wrongfully convicted people range widely from as low as .027 percent and up as high as 25 percent.

UW Tacoma assistant psychology professor and the organizer of the forum, Stephen Ross, focuses on the differing perspectives on the issues of wrongful convictions. Ross points out that if one accepts the most conservative estimate, .027 percent, then that implies that the justice system works 99.973 percent of the time. This seems to be a relatively good average, at least as an abstract concept. But when you break it down and consider how many hundreds of people are forced to spend their lives in prison for crimes they did not commit, it seems considerably less reasonable; unreasonable, in fact. Further, Ross points out that this leaves hundreds of guilty people free to commit more crimes.

The forum will feature an array of people from different areas of the justice system, including Alan Northrop, a man exonerated of a rape conviction in 2010 after 17 years in prison, Mark Lindquist, a representative from the Pierce County Prosecutor’s Office, and Jacqueline McMurtie, associate professor of law at UW School of Law and director of the Innocence Project Northwest.

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Exoneration Is Not the End of the Story

Susan — November 03, 2011 @ 9:36 AM — Comments (2)

It’s happened 13 times in Florida alone. After years behind bars for a crime he didn’t commit, the exonerated man walks out into the light of day as a free man – off into the sunset to a beautiful life. Wait. Not so fast.

Take the case of Joe Jones, the first man in Kansas to be exonerated through DNA testing. Jones served seven years for a 1985 rape committed by someone else. Jones was convicted in 1986 due mainly to false eyewitness testimony, but was released in 1992 after testing excluded him as the perpetrator. Thus began Jones’ “other battles”.

Since state payments to exonerees were unknown at the time, Jones lobbied the Kansas legislature for compensation and received $350,000 in 1993. Suffering from the after effects of prison life (which he still doesn’t talk about), he turned to cocaine to the tune of a $500 a day habit. His money quickly ran out leading him to commit nonviolent property crimes and drug offenses.

Most recently paroled in March, Jones says he has been clean for over two years. The rape victim still insists Jones is guilty; the perpetrator has yet to be identified. Jones is trying to get his life going in the right direction and attending regular counseling sessions. “Anything to make me feel like this didn’t happen.” Read more about it at LJWORLD.com.

The Daily Cougar.Com explains the “Witness to Innocence” program formed by freed death row inmates that seeks to educate audiences about the death penalty by facing those who have been sentenced and released. Some of their funds go to struggling exonerees.

Program Director Ron Keine notes, “This is the problem with a lot of people who are out on exoneration — there’s nothing for them there. If you went to prison for a crime that you did, you get out on parole. You have a parole officer to make sure you can get a job, housing, a way to feed yourself — we don’t have that. I couldn’t even get a job at McDonald’s.”

Then there’s the case of Eric Caine who falsely confessed to murdering an elderly Chicago couple after being tortured by Chicago police in 1986 when another suspect who was also tortured misidentified him. The police actions were later substantiated and led to Illinois Governor George Ryan first placing a moratorium, and then commuting death sentences in the state. Caine’s co-defendant (who received the death penalty) walked out. Caine (who did not) stayed in prison for eight more years even though the same evidence was used to prosecute and convict both men. He served a total of 25 years.

He was released this year and is not looking back – he has an apartment, a driver’s license, volunteers for the Chicago Innocence Project that helped gain his release, works part-time, and awaits compensation from the state. Oops. Hold on.

It seems Judge Michael McHale denied Caine’s request for a Certificate of Innocence that would allow him to collect compensation. However, the Huff Post Chicago article notes that Caine may likely prevail, as his legal team will soon file a multimillion-dollar lawsuit against the City and the police officers involved. What’s more, newly elected Mayor Rahm Emanuel has made it known he wants quick resolution to these matters.

Says Caine, “It’s not the first time I’ve been denied. I’ll have to keep going through the fight. But I’m ready for the next round.”

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