Posts Tagged ‘innocent’


Former Police Captain Exonerated After 15 Years in Ohio Prison

Jessica — January 30, 2013 @ 10:33 AM — Comments (0)

Persons who have been wrongfully convicted often speak of what kept them going while incarcerated. Some find hope through music, their families, or higher powers. For Douglas Prade, it was a diary. In it contained the names of all the students who worked on his case during the past ten years. Every year he would add new names and cross out previous ones, giving him hope that one day he would be a free man.

After many years of appeals and applications for post-conviction DNA, Prade was declared innocent and walked out court a free man on January 29, 2013 for the murder of his wife. Congratulations to all involved. The Ohio Innocence Project worked feverishly for years in order to produce a compelling case with DNA results against the State of Ohio for his wrongful conviction.

Margo Prade was a highly respected doctor and Doug Prade was a police captain awaiting a promotion to become Akron, Ohio’s newest police chief.

In November of 1997, Dr. Margo Prade was found fatally shot in her car outside her medical facility in Akron. Testimony from two eyewitnesses that placed him at the scene of the crime as well as a forensic dentist claiming the bite mark on Margo’s jacket belonged to Doug, left him with little hope.

In 1998, Judge Mary Spicer sentenced Douglas to a life in prison for aggravated murder.

As one of the largest high profile murder cases in Ohio, Douglas Prade maintained his innocence. Douglas filed multiple applications for post-conviction DNA testing. In 2010, testing was granted; the Court declared new methods had arose which had invalidated previous DNA testing done in the murder case. After expert testimony and questioning was completed, Judge Judy Hunter claimed, “the evidence was clear and convincing.” The DNA testing performed on the sleeve of Margo’s lab coat eliminated the possibility of Douglas as the victim’s killer. In that moment, the Court overturned his convictions and was ordered to be released from prison.

Congratulations to Douglas Prade and to the Ohio Innocence Project as their hard work and dedication made this exoneration possible.

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The Real. The Authentic. The Bona Fide.

Anne — May 10, 2012 @ 9:48 AM — Comments (0)

While many of us might enjoy the cerebral pleasures that films may bring into our busy—and sometimes over-extended—lives, we, typically, are not privy to the real-world, everyday realities of what goes on in courtrooms, jails, prisons and associated legal institutions across the nation, unless, of course, we are professionally associated with a specific legal case (or cases).

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.

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Weekly Update: While Some States Move Forward, Others Seem to Be Holding Back on Justice Reform

Chelsea — April 02, 2012 @ 2:46 PM — Comments (1)

Virginia Seems Disinclined to Free the Wrongfully Convicted

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.

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Mike Farrell: Human Rights Activist

Anne — February 03, 2012 @ 10:29 AM — Comments (2)

NOTE: This is the second (and final) installment of an interview with Mike Farrell,  a life-long opponent of the death penalty. Part I appeared on February 1, 2012.

Anne:  How has your public work affected your view of the criminal justice system in the United States in terms of death penalty cases involving questionable sentencing?

Mike Farrell: It has taught me that the criminal justice system in general is not just. It is anti-human, degrading and shows no interest in helping those who get caught up in it learn how to comport themselves appropriately and become productive citizens. It is, in my view, a destructive system that makes huge profits for some people and companies at great costs, not only to those who are incarcerated, but to our entire society.

Anne:  The execution of Donald Beardslee (California, 2005) attracted  a number of  anti-death penalty advocates. Can you speak of a specific capital punishment case in which you were involved that addresses state-sanctioned killings involving persons with limited capacity to understand their actions and/or subsequent fates?

MF:  There are too many: Robert Alton Harris in California, Johny Paul Penry in Texas (has not yet been executed, but they keep trying), Ricky Ray Rector in Arkansas, Barry Fairchild in Arkansas, Wanda Jean Allen in Oklahoma.  The Supreme Court’s 2002 decision regarding Daryl Atkins, in Virginia, stopped the execution of mentally challenged individuals, though they left the determination of who was or was not mentally challenged up to the states. Human Rights Watch released a study (around 2005) stating that we have more than 250,000 demonstrably mentally ill people in our prison system, more than in our mental institutions.

Anne:  Do you believe that it is an individual state’s right to impose a moratorium on capital punishment, or do you feel that the issue should be addressed in a broader forum (by higher court’s outside one’s state)?

MF:  I think, especially given the current makeup of the United States Supreme Court, it will be a state-by-state process that will create (as did the Simmons Case about the death penalty for juveniles) a clear sense that the people of the United States recognize that there is no longer any value to maintaining the death system.

And yes, of course, each state has the right to declare a moratorium on state killings. It happened here in California six years ago, though it was imposed by a judge. We’re still waiting for the final determination. In Illinois, then-governor Ryan declared a moratorium and ordered a study of the death penalty. That eventually led to his clearing the state’s Death Row by commuting almost all death row inmates to life without parole. He pardoned some outright.

New Jersey did such a study and decided to end the death penalty. Pennsylvania has just ordered a study and I hope it has the same result.

Anne:  A number of individuals who have been sentenced to Death Row in specific cases across the United States have also been exonerated due to DNA evidence. How does such testing (and its results) help bolster your argument that the courts oftentimes “get it wrong” in terms of sentencing a person to death for crimes for which they have been found guilty?

MF:  I think the exoneration of 139 people (so far in the modern era) from our death rows, after being charged, tried by a “jury of their peers” and sentenced to death, proves the fallibility of the system and demonstrates the wrong-headedness of giving the state the right to take a life.

I would quickly add, though, that most of those exonerated have not been freed because of DNA [evidence], but because of the dogged pursuit of justice by caring lawyers, relatives, students and people of faith. DNA evidence, while it can be an enormously powerful tool, is not available in most murder cases.

Anne:  If you witnessed (or read reports of) the Republican presidential debate in September 2011, where Texas governor Rick Perry was cheered regarding his stance on capital punishment (which he supports as a “state’s right” issue), what message  do you believe the audience’s rancorous behavior sent in terms of the national reception to (and acceptance of) capital punishment?

MF:  I don’t think the frightening (and, to me, disgusting) behavior of the audience at that debate is representative of the vast majority of the poeple in this country. While some polls show a majority of Americans still support capital punishment, those numbers are falling, and, in fact, when people are offered the option of life without parole (LWOP), more indicate support for LWOP.

Anne: Your anti-capital punishment advocacy through the year has led you to write, speak and organize nationally and internationally on various aspects relating to death penalty and human right issues. Can you  discuss some of your current projects and how they might serve to initiate a broader political discourse in the area of anti-death penalty matters?

MF:  I chair Death Penalty Focus, an ablition organization based in San Francisco, California. We have been working to help people better understand the truth about the death system and how it is failing us–in fact harming us–as a society. With the rise in public awareness of the failings inherent in capital punishment, we are now at a point where a coalition has been put together to put the question of replacing the death penalty with life without parole here in our state. It will save the state millions of dollars, provide more funding for police to solve the huge number of unsolved rapes and murders, and ensure that we no longer run the risk of killing an innocent person.

A case with which I’ve been involved for many years is that of Joe Giarrantano, in Virginia. Joe was sentenced to death in 1979, and was spared at the last minute from execution in 1991 by then-governor Douglas Wilder. We made a strong showing that Giarrantano deserved a new trial, but, again, Governor Wilder went halfway. He spared Joe’s life but tuned the question of a new trial over to the state’s Attorney General, who was not inclined to take the risk of Joe’s being found innocent (which I believe him to be). For that reason, Joe remains in prison to this day, a fact that sickens me.

Anne:  You have been the recipient of numerous awards and accolades for your decades-long efforts in raising awarness of various human rights issues. Undoubtedly your work has resonated with various “anti-groups” across the globe. Is there an exclusive award or accolade that has specific affection for you becuase you can clearly see the evidence and impact of your work?

MF:  One doesn’t do this work to win awards. The progress that the abolition movement is making inspires me. The fact that New York, New Jersey, New Mexico, and Illinois have chosen to end the use of state killings makes me know we will prevail. But perhaps the “award” that means the most to me is that, despite the fact that he remains behind bars, Joe Giarrantano is alive and able to do good work helping fellow inmates in Virginia.

Anne:  I believe that advocacy of a cause begins as a grassroots effort with a capacity to grow into a much larger movement. What can the average citizen do to involve him/herself in issues related to capital punishment and other human rights  issues?

MF:  If they care, people can read a bit, study it [human rights issues and death penalty cases] if they choose, and learn the facts about how the system is doing harm to all of us. When we spend more money on prisons than on colleges, there is something terribly wrong with our society. People need to be less quick to judge “wrong-doers” and more willing to look at the circumstances of the lives of too many people in our society who have been left behind and deemed invisible. If kids grow up thinking they have no value, they think no one else has any value either. If kids grow up surrounded by violence, how do we expect hem to undersand that violence is wrong?

We have work to do to make this society live up to its promise–for everyone.

 

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Weekly Update

Chelsea — January 19, 2012 @ 11:56 AM — Comments (1)

New York State Governor Andrew Cuomo called for an expansion of the DNA database in his State of the State speech this month. His call would expand DNA collection to include all felony convictions and all penal law misdemeanors, expanding the DNA database which currently only collects samples for less than half of all criminal convictions in New York state.

Not surprisingly, both the District Attorney’s office and other law enforcement offices support this plan. But according to an article in the Poughkeepsie Journal, “civil libertarians oppose the legislation because they believe it would infringe on people’s rights and they don’t think there is enough oversight and quality control in the system.”  While the focus of this proposed expansion seems to be that an expanded DNA database would allow for greater and more effective prosecution, the revelation of wrongful convictions that this would bring about was also mentioned. Read more here.

A week has passed without any movement on William Dillon’s Compensation Bill. The bill was passed by the Senate last week, and was read in the House last Tuesday but has made no progress since then. We’re hoping that the House will take up and pass this bill soon, to get Dillon the compensation owed to him.

Thomas E. Haynesworth of Richmond, VA, is facing a similar battle with obtaining the compensation that he expected after serving 27 years for a rape he did not commit. Haynesworth has received a proposal for a compensation package, one that could potentially be worth more than $800,000, but he was disappointed with this amount. In Virginia, exonorees are not entitled to compensation but must have that compensation approved by the General Assembly. They may receive up to $40,000 per year served in prison, but there is a cap of 20 years. So, Haynesworth cannot receive compensation for the full amount he time he spent as an innocent man in prison. While this situation is not ideal, Haynesworth is lucky at least to be dealing with this issue in Viginia, one of only 27 states that provides compensation to their exonorees. Read more here.

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Without Words – In 60 Seconds

Jackie — June 17, 2011 @ 10:21 AM — Comments (2)

It is impossible to understand the loss that occurs during a wrongful incarceration and even more difficult to communicate to those who have never been down that road. However, two recent FSU graduates, Michelle Kinne and Michael Dorfman, undertook the challenge of creating a public service announcement for IPF that succinctly demonstrates the loss and the need for our work. We want to share with you their work.


We want to thank Michelle and Michael for their efforts, creativity, and hard work. Hopefully, you’ll see this PSA on TV stations around Florida and their work in years to come.

We hope you’ll share this with your family and friends.

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Interesting Non-DNA Exoneration in Florida

Seth — October 05, 2010 @ 9:00 AM — Comments (0)

Malenne Joseph, a 29-year-old woman who was separated from her family after she was wrongfully convicted and incarcerated for three months, was released from the Orlando County jail last week.  She was mistakenly connected to a case of vandalism.  Interestingly, the case centered on her as the suspect simply because she had a similar name as the person who actually committed the crime.  WESH Orlando reports (w/ video):

Joseph’s trouble started when an interior painter she’s never met damaged a home in December 2007. The woman, named Merlene, splattered paint throughout the house because the homeowner did not pay a bill.

Although her incarceration was not long (relatively speaking) and the defense attorney was able to convince the prosecutors to take a second look at the case, this case highlights the horrible consequences of misidentifications and how pervasive they are in all cases, including those with no chance of DNA exonerating the person.  You can read more articles about eyewitness identification issues here.

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Anthony Caravella Officially Exonerated!!!!

Seth — March 25, 2010 @ 9:18 AM — Comments (1)

Anthony caravella Walking out of Court in September 2009 (on right)

Anthony caravella Walking out of Court in September 2009 (on right)

Broward prosecutors will step into court this morning with Anthony Caravella and his lawyer Dianne Cuddihy to ask that Caravella’s conviction and life sentence be thrown out (with video):

Final DNA results released Wednesday completely exonerate a Broward County man who served 26 years in prison — more than half his life — for a rape and murder, his defense attorney said. Broward prosecutors will ask a judge Thursday to throw out his conviction and life sentence, freeing him of restrictions imposed since he was temporarily released from prison on Sept. 10.

“I never had any doubt that Anthony was innocent,” said Diane Cuddihy, the public defender who worked for nine years to free him. “The shocking thing is that an innocent man can be convicted like this.”
. . .

“It’s over,” Caravella told the Sun Sentinel in a phone call minutes after he learned of the DNA results. “I’m OK now.”

Anthony was convicted for the 1983rape and murder of a 58 year-old-woman in Miramar, FL.  Anthony had an IQ of 67 and was prone to falsely confessing to crimes he didn’t commit (he had been used by law enforcement to close unsolved burglary cases).  this time they chose to use him to close this murder case.  He gave several inconsistent statements that were treated as confessions and used against him in court even though there was no physical evidence to connect him to the crime.  He was convicted and received a life sentence after the prosecutor, Robert Carney, sought the death penalty.

In 2001, Dianne Cuddihy from the Broward Public Defender took on his case and got him DNA testing at the Broward Seriff’s office wlab which did not achieve a result.  New DNA testing in 2009 at a Forensic Science Associates, a private laboratory in Richmond, California obtained the result that showed semen and sperm left on the victim during the rape/murder on the victim was not from Caravella.

Prosecutors released Anthony conditionally in September 2009 pending their own confirmatory testing.  That testing was finished yesterday and confirmed that Anthony is actually innocent and spent 26 years in prison for a crime he didn’t commit.

You can read more on Anthony’s case by clicking here.

Just so there is no confusion, IPF played the most minor of roles in this case (assisting Caravella’s attorney with some issues surrounding the DNA testing and assisting with some pleadings).  IPF wishes to congratulate Anthony and his family, and his attorney,  Dianne Cuddihy who has been fighting to achieve this moment for Anthony for the last 9 years.

IPF has been assisting Anthony Caravella to transition well into free society since he was released in September 2009.  If you would like to contribute to our Emergency Exoneree Fund, which helps Anthony and other exonerees who have not yet been compensated, you can kindly do so by clicking here.

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An Egregious Witness Misidentification

Seth — February 12, 2010 @ 1:00 PM — Comments (1)

Witness identifications are one of the most unreliable forms of evidence used to connect suspects to crimes.  In over three-quarters of the cases where someone has been exonerated by DNA testing nationwide, a misidentification has caused their wrongful conviction.  Yet, law enforcement, prosecutors, judges and juries, rely heavily, sometimes exclusively, on the recollections of witnesses to lock people up and throw away the key.

Earlier this week, we heard of the story of Joseph Fusco, who was arrested for seriously injuring someone in a drunken melee outside a nightclub in Palm Beach Gardens, Florida.  Witnesses said they saw to Fusco outside the club beating victim Chris Bell who suffered bleeding on his brain, a skull fracture and permanent loss of hearing in his right ear as a result of the assault.  One of these witnesses was certain it was Fusco kicking the victim in the skull and torso because she went to school with him for years. In fact, when Bell recovered 10 days later, he was also telling law enforcement that, prior to losing consciousness, he recalled seeing Joe Fusco, too.

Sounds like a solid ID and a slam dunk case.   Well not so fast.  From Susan Spencer Wendell at the South Florida Sun Sentinel:

At 2:30 a.m. on Nov. 8, however, Joe Fusco was nowhere near Noche Nightclub.That fact is documented in a host of records from a cell phone, a SunPass transponder, a credit card and purchase receipt. In addition, in sworn affidavits, five people present at the beating said Joe Fusco wasn’t there, and five others said they were with Fusco at the time.  With him, in Eastman, Ga. — on a hunting trip where Fusco had spent the entire weekend.

At first, Fusco says, he thought it was a joke, insisting to Palm Beach Gardens Detective Bryan Broehm that there was no way he could have beaten Chris Bell because he was hunting in Georgia.

It was no joke at all.  Fusco was arrested and charged with attempted second-degree murder.

While many mis-IDs are caused by the way suggestive way a lineup or photopack is prepared or the intentionally or unintentionally suggestive manner in which it is administered by law enforcement, the misidentification of Joe Fusco was caused by human fallibility and the infirmities of human memory.

The witnesses and victim were likely impaired by alcohol and their memories were inserting previous memories of Fusco into this memory of the night of the beating.

All charges were dropped against Fusco and he has been released and is trying to expunge his record.  Yet with all of the evidence to show that the witnesses were wrong, they are unfortunately sticking to their story:

But Kryda’s father, William, said his daughter is sure it was Fusco, because she knew him and “those boys” — meaning Fusco and his brother — have a reputation around Jupiter as rough guys.

. . .

Kryda’s boyfriend, a Broward County officer, was stunned to learn the charge had been dropped, convinced also that Fusco was there.

Witness misidentification will continue to be a hot issue for IPF, with some potential legislation and policy suggestions.  Stay tuned.

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A Look Back at 2009

Seth — December 22, 2009 @ 6:17 PM — Comments (1)

The Innocence Network has produced an annual report of the successful exonerations achieved by its members.  The Innocence Network  is an affiliation of 54 member organizations dedicated to providing pro bono legal and investigative services to individuals seeking to prove innocence of crimes for which they have been convicted and working to redress the causes of wrongful convictions.

Our exoneration of Jamie Bain snuck into the report at the last moment.  The report can be found at this link.

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