Posts Tagged ‘Innocence Project of Florida’


Today in Wrongful Conviction History: April 4

Kate Mathis — April 04, 2016 @ 10:00 AM — Comments (1)

Happy exoneration anniversary Cornelius Dupree, Derrick Williams, and Randall Mills!

Cornelius was exonerated in Texas in 2011 with help from the Innocence Project.

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Derrick Williams is one of the Innocence Project of Florida‘s very own exonerees. He was exonerated in 2011 after spending 18 years in prison for kidnapping, sexual battery, robbery, grand theft motor vehicle, and battery that he did not commit. More can be read about Derrick’s case here. He was exonerated through the great efforts of IPF attorneys Melissa Montle and Mike Minerva.

DNA EXONERATE

Randall was exonerated in Tennessee in 2014 with help from the Innocence Project.

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Press Release: IPF Client Andre Bryant Exonerated

Seth — October 01, 2015 @ 4:00 PM — Comments (0)

Andre Bryant, Innocence Project of Florida Client, Exonerated and Released

Bryant has Served Over 8 Years for a Robbery He Did Not Commit

Tallahassee, Florida—On Thursday, October 1, 2015, Andre Bryant was released from the Franklin Correctional Institution in Carrabelle, Florida following his exoneration for a 2006 armed robbery, which occurred at a Walgreen’s in Manatee County, Florida. On the same day, Twelfth Judicial Circuit Judge Diana Moreland vacated Bryant’s conviction and 30-year sentence, pursuant to a joint stipulation filed by the State Attorney and Bryant’s attorneys, paving the way for Bryant’s release.

“This is a great day for Andre and this outcome is a testament to his consistent belief that the truth of his innocence would eventually be known and lead to his freedom. Everyone at IPF is so pleased to reunite him with his family after this ordeal and are excited to work with him to ease his transition from wrongful incarceration back into free society,” said Seth Miller, Executive Director of the Innocence Project of Florida and one of Bryant’s attorneys

On July 20, 2015, attorneys from the Innocence Project of Florida (“IPF”), along with local counsel Derek Byrd, filed an amended motion for postconviction relief, following the release of an investigative report on Bryant’s case by the Sarasota Herald Tribune. In the motion, IPF detailed the evidence already existing in the record demonstrating Bryant’s innocence and brought forward additional new evidence of innocence, including a recantation by one of the child victims who identified Bryant as the perpetrator and expert opinion that Bryant was not the perpetrator depicted on the newly enhanced Walgreen’s surveillance video at the time of the crime.

The State Attorney performed its own investigation into the case and determined that reasonable doubt existed as to Bryant’s involvement in the crime. Based on this conclusion, the State Attorney agreed to vacate the conviction and drop all charges against Bryant.

“The folks at the State Attorney’s Office, particularly assistant state attorney Bruce Lee, deserve tremendous credit for completely reviewing the evidence, old and new, and viewing it through an objective lens. We are thrilled that Mr. Brodsky and his team came to the same conclusion we had come to already: that justice demanded Andre Bryant’s conviction be vacated and that he be freed from his wrongful incarceration,” said Miller.

Bryant was convicted in 2007 primarily on eyewitness identifications by the victims. According to the Innocence Project of Florida, witness misidentification is the leading causes of wrongful convictions, contributing to 75% of the known exonerations nationwide. Bryant is the 57th exoneration in Florida since 1989, and IPF’s second Manatee County, Florida client exonerated in four years. Derrick Williams was exonerated of a 1993 Manatee County rape in 2011, after DNA testing proved he did not commit the crime.

The Innocence Project of Florida (IPF) is a 501(c)(3) organization dedicated to finding and freeing innocent people in Florida prisons. IPF, along with local counsel Derek Byrd represent Andre Bryant. IPF’s website is www.FloridaInnocence.org.

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Steppin’ Out 2015 is coming soon!

Samantha Adams — March 13, 2015 @ 11:04 AM — Comments (1)

Steppin’ Out 2015 is just around the corner, on Thursday, April 16th, at Mission San Luis. The silent auction, as well as the VIP reception for exonerees, sponsors, and award recipients will start at 6 PM, and the dinner and program will run from 7 to 9:30 PM.

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Jennifer Thompson, co-author of the NY Times bestseller Picking Cotton, will be honored with  the Frank Lee Smith Innocence Award, recognizing her significant contribution to advancing the cause of innocence. Jennifer has used her experience as a crime victim involved in a wrongful conviction case to affect positive change in the criminal justice system and has served as a Commissioner on the North Carolina Innocence Inquiry Commission.

Walter McNeil, former police chief, will receive the Innocence Project of Florida Partner in Justice Award, recognizing the non-traditional collaborations he has formed with the innocence community to reform the criminal justice system to prevent future wrongful convictions.

To get an idea of what is in store this year take a look through some of the highlights from 2014’s Steppin’ Out.

Individual tickets are $125, or $100 for public defenders and students, and can be purchased online here. More information about event sponsorships can be found here.  For more information, please call 850-561-6767 or email at jpugh@floridainnocence.org.

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Please Give Generously to the Innocence Project of Florida

Marianne Salcedo — December 16, 2014 @ 5:27 PM — Comments (0)

My end-of-year appeal to you is short and heartfelt. Through your generous donations, the Innocence Project of Florida frees innocent men and women from Florida prisons.

Today, our exonerees shout the joy of freedom, but most were serving life sentences. Without you and the Innocence Project of Florida, they might have died in prison with no one ever to hear them or help them.

All of them were young with their lives ahead of them; all of them had mothers and fathers; all were shackled and locked up. Collectively, Florida’s 14 DNA exonerees were imprisoned for more than a quarter of a millenium (268 years) for crimes they did not commit. For a very long time, no one heard their cries.

We hear them. The Innocence Project of Florida currently has more than 30 cases in litigation and we are anticipating up to three new exonerations in 2015. We receive hundreds of requests from prisoners each year — but we cannot help them without you.

For the sake of every innocent man and woman who is spending this holiday season locked up in prison hoping for a miracle, please donate generously to the Innocence Project of Florida. Do not let them spend another year behind bars.

Thank you. I wish you a happy and peaceful New Year— and one that is filled with miracles!

Sincerely,
Seth Miller, Esq.
Executive Director

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Giving Tuesday: Support the Innocence Project of Florida

Marianne Salcedo — December 01, 2014 @ 12:23 PM — Comments (0)

On the heels of Black Friday and Cyber Monday, December 2, 2014, is Giving TuesdayGiving Tuesday was begun in 2012 by the 92nd Street Y in New York and the United Nations Foundation as a way to honor the holiday season and counter the tedious commercialism that threatens to take over our most sublime holidays.

Giving Tuesday reminds us all to take a moment to do something meaningful by making a donation to support our favorite charitable nonprofit organization.  As you know, the Innocence Project of Florida relies on charitable contributions to pursue its mission to:

Find and free the innocent in Florida prisons, help those who have been released rebuild their lives, and work to prevent wrongful convictions from happening in the future.

Your generous donations to the Innocence Project of Florida elevate our cause and enable us to help free more and more innocent people who have been wrongfully convicted and incarcerated in the State of Florida.  Your gift will make that happen.

To make an online donation, go to IPF’s donation website by clicking here.  You may also send a check to IPF at 1100 East Park Avenue, Tallahassee, FL 32301.

Thank you for your wonderful support of the Innocence Project of Florida!

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Browsing the National Registry of Exonerations

Marianne Salcedo — October 30, 2014 @ 9:29 AM — Comments (0)

The National Registry of Exonerations is an outstanding source of information about exonerations in the United States since 1989. It is searchable, and recently, we took some time to create a short summary of exonerations in the State of Florida.

There have been 50 exonerations listed for Florida, including capital cases, since 1989. Fifteen have been based on new DNA evidence.  Florida leads the nation in exonerations for death penalty cases.

The factors contributing to Florida exonerations range from mistaken witness identification, official misconduct, perjury, false accusation, inadequate legal defense, and false or misleading forensic evidence. By far, the leading factor in Florida cases is perjury of false accusation.

Once you search for the exonerations you wish to examine, links will take you to case summary pages. Here are some examples. Click on the last names to learn more about these cases on the Registry website.

Neely, Todd; Florida; Exonerated 1989; Mistaken Witness ID, Official Misconduct.

Townsend, Jerry; Florida; Exonerated 2001; Mistaken Witness ID, False Confession.

Britt, Cheydrick; Florida; Exonerated 2013; False or Misleading Forensic Evidence, Perjury or False Accusation, Inadequate Legal Defense.

Mr. Britt was exonerated with assistance from the Innocence Project of Florida just last year. In the coming months, we anticipate up to three more exonerations. Stay tuned and take some time to read about all of Florida’s exonerees, many of whom IPF has helped to free, and learn about all of the cases of injustice throughout the United States.

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Motivated by Innocence, Jabbar Collins Awarded $13 Million

Marianne Salcedo — October 22, 2014 @ 10:56 AM — Comments (0)

Jabbar Collins was wrongfully convicted at age 20 of the murder of a rabbi in New York.  Highly motivated by his innocence, Collins, who dropped out of school when he was 16, spent countless hours in the prison library learning what he needed to know to request case documents and trial transcripts and represent himself pro se.  Last summer, with the help of his lawyer, Collins was awarded a $10 million settlement by New York City and another $3 million by the State of New York.

Attorney Joel Rudin, who represents Collins, says the $13 million total ties the record amount for a wrongfully convicted defendant in New York City.

In 1994, Collins was arrested for the murder of a rabbi in Brooklyn, New York, during a robbery.  The three witnesses who testified against him had been coerced and bribed by the prosecutor, although during Collins’ trial, the defense was assured that these confidential informants received nothing in exchange for their testimony.

Although a rogue prosecutor eager to “solve” a high-profile slaying is blamed for Collins’ conviction, his case provided support for claims that the office of former Brooklyn district attorney Charles J. Hynes didn’t adequately rein in prosecutors who broke the rules.

Under Brooklyn District Attorney Kenneth Thompson, who ran his election campaign on the promise that he would clean up the string of wrongful convictions and other shenanigans that occurred during Hynes tenure, the City and State of New York have paid out nearly $20 million and are currently being sued for more than $200 million.

 

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California Woman Exonerated After 17 Years

Marianne Salcedo — October 13, 2014 @ 5:08 PM — Comments (0)

On Friday, October 10, 2014, Susan Marie Mellen was formally exonerated of murder in Torrance, California, after spending 17 years wrongfully incarcerated.  A combination of an unreliable witness, who was well known as a habitual liar by the police, and mistakes made by the police detective, who was also responsible for a 1994 case that resulted in the convictions of two men who were subsequently exonerated.

“I believe she is innocent,” California Superior Court Judge Mark Arnold said. “For that reason I believe in this case the justice system failed.”

Despite what Mellen called a “cruel punishment” where she cried herself to sleep each night, she did not give up hope.  Amazingly, she holds no grudge against those who wrongfully convicted her with a sentence of life without parole.  She said, “I always forgave my enemies.  Even your haters, you have to forgive them and sometimes you have to thank them because they bring you closer to God.”

Mellen was arrested in 1997 for killing a homeless man who was staying in the same house where Mellen was living.  A woman known for giving baseless tips to the police testified that Mellen had confessed to the crime — and it was on her testimony that Mellen’s conviction rested.  Through representation by Innocence Matters, Mellen’s conviction was overturned and she was at long last exonerated.

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IPF Director Seth Miller Presents at One Book Event

Marianne Salcedo — October 07, 2014 @ 9:45 AM — Comments (0)

The annual One Book Thomas County celebration of learning in Thomasville, Georgia, has chosen as its focus book, Picking Cotton: Our Memoir of Injustice and Redemption, by Ronald Cotton and Jennifer Thompson-Cannino. On Friday, October 17, 2014, at 6:30 p.m., the Executive Director of the Innocence Project of Florida, Seth Miller, will be presenting a lecture and discussion on wrongful convictions and eye witness misidentification at Thomasville On Stage and Company, 117 South Broad Street in downtown Thomasville.

“The story of Jennifer Thompson and Ronald Cotton teaches us the vital lesson that a misidentification can haunt not only the wrongfully convicted individual, but also the well-meaning victim who has to live with the consequences of the mistaken identification,” said Miller. “It is up to policy makers to make modest, evidence-based reforms to prevent misidentifications before they happen, find the true perpetrators, and allow the public to feel confident that the justice system has worked.” This presentation is free and open to the public.

This presentation will be especially timely, concurring with the recent publication of “Identifying the Culprit,” a comprehensive report by the National Academy of Sciences on the shortcomings and limitations of eye witness evidence.

On Saturday, October 18, Ronald Miller and Jennifer Thompson-Cannino will share their true stories of witness misidentification, wrongful conviction, exoneration, and forgiveness. They will be available to sign books. Admission to Saturday’s event is $10.

For more information, go to the One Book Facebook page at www.facebook.com/onbookthomascounty or call Annie Jones at The Bookshelf, 229-228-7767.

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Exoneree Compensation Across the United States

Marianne Salcedo — October 03, 2014 @ 3:17 PM — Comments (0)

A Planet Money story from NPR that we missed last summer (June 2014) entitled, “When Innocent People Go to Prison, States Pay,” provides an excellent overview of compensation for wrongfully convicted exonerees in all fifty states.

Twenty-one states provide no money — though people who are exonerated can sue for damages. Twelve states and the District of Columbia award damages on a case-by-case basis. Another 17 states pay a fixed amount per year of imprisonment.

Amounts vary from $80,000 per year behind bars in Texas, to $5,000 per year in Wisconsin. Florida and six other states match federal compensation of $50,000 per year.  Not that any amount could make up for the horror and humiliation of being an innocent person wrongfully convicted and imprisoned, but it is something — especially considering that very few exonerees get any sort of an apology from the state.

Even more appalling, as this article notes, is the fact that states are willing to pony up some limited annual compensation in order to prevent innocent exonerees from suing for much greater amounts.  Many states require exonerees to give up the right to sue as a condition of receiving compensation.

At the Innocence Project of Florida our concern is that our state’s compensation law has a loophole known as the “clean hands” provision.

961.04 Eligibility for compensation for wrongful incarceration.A wrongfully incarcerated person is not eligible for compensation under the act if:

(1) Before the person’s wrongful conviction and incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any felony offense, or a crime committed in another jurisdiction the elements of which would constitute a felony in this state, or a crime committed against the United States which is designated a felony, excluding any delinquency disposition;

(2) During the person’s wrongful incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any felony offense; or
(3) During the person’s wrongful incarceration, the person was also serving a concurrent sentence for another felony for which the person was not wrongfully convicted.

So not only will a prior felony of petty theft or possession of marijuana make any exoneree, no matter how unjustly he or she was treated, ineligible for compensation, but if the inmate gets caught up in something while in prison–say badly injuring another inmate who has attacked or tried to rape them, they are also ineligible for compensation in the State of Florida.

In the best of all possible worlds, as Voltaire would say, states would show some recognition of and remorse for their mistakes that led to wrongful convictions and incarcerations of innocent men and women.  Instead, states begin by putting up roadblocks to protect their convictions, right or wrong, issue no apology to the men and women whose lives they have ruined, and then provide limited compensation to spare them from multi-million dollar lawsuits  And Florida adds another insult to the injury with its “clean hands” provision.  We ask the convicted to show recognition and remorse for what they have done; it is only fair to expect the states to do likewise.

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