Posts Tagged ‘interrogations’


Free, But with a Cloud

Anne — April 01, 2013 @ 10:08 AM — Comments (0)

With a college degree in hand and a healthy outlook on the future, Nicole Harris envisioned in December 2004 that she was on the brink of something big. As the single mother of two young sons, her college graduation was fostered by a network of family members and supporters whose pride in her accomplishments seemed endless. With a degree in psychology she hoped to land a job in her chosen field, and a subsequent move back to her hometown of Chicago would allow her to rejoin her family as well as explore opportunities for employment in her discipline. A few months after graduating, however, her plans for the future went terribly awry. The attainment of a college degree suddenly became a secondary treasure as she found herself charged in the strangulation death of her youngest son, Jaquari, age 4.

Harris steadily maintained her innocence regarding any involvement in her son’s death, but her protestations fell on deaf ears. Her son’s death, insisted prosecutors, resulted from her frustrations due to her son’s constant crying. According to authorities, Harris wrapped a fitted bedsheet cord around her son’s neck and strangled him.

Convicted of the crime by a Cook County jury, Harris spent seven years (of a 30-year sentence) in prison before the 7th U. S. Circuit Court of Appeals vacated her conviction in October 2012. On February 25, 2013, she exited the Dwight Correctional Center a “free” woman.  ”This isn’t just a legal victory,” said Alison Flaum, an attorney with Northwestern University’s Center on Wrongful Conviction, which joined forces with the law firm Jenner & Block to defend Harris.  “They saw this case for the miscarriage of justice that it was.” Harris has always maintained that her son died accidentally and that she had nothing to do with his death.

Harris’ case  is troublesome, however, on so many levels and in so many ways:

  • Even though she knew she was innocent, she confessed to the crime following a 27-hour interrogation which, she said, included threats and manipulation by police investigating the case.
  • Police initially confronted Harris in a hospital chapel, where she had gone following her collapse after being told that her son had not survived. In such an emotional state, it is no stretch of the imagination to presume that authorial figures often engage powers of persuasion and similar techniques in an effort to elicit false information from vulnerable suspects. 
  • Harris’ oldest son, Diante, then 5, told investigators that he was alone in the home with his brother when he witnessed Jaquari wrap the cord around his neck while he (Daquari) was playing. Authorities, however, dismissed the brother’s claim.
  • The trial judge barred Diante from testifying, deeming him incompetent, presumably, because Diante believed that “Santa Claus, Spider-Man and the tooth fairy” were real figures and not imaginary figures.
  • According to reports in the case, prosecutors noted that Diante told investigators that he was asleep when his brother died.
  • Various reports indicate that Nicole Harris was at a nearby laundromat when the incident occurred, having instructed both young boys to remain in the home during her absence.

In overturning Harris’ guilty verdict, the judges wrote that if Diante had been allowed to testify, his testimony “would have changed the entire tenor of the case [and supported her oldest son's claims that his brother's death was accidental].”

Although Harris has been released from the Dwight Correctional Center and can begin the journey to rebuild the life she left behind in 2005, her legal battles are far from over. The State has appealed the October 2012 ruling and has asked the U. S. Supreme Court to review the case. Additionally, Cook County prosecutors could still move to retry the case. On February 25, 2013, the date of Harris’ release, a representative from the State Attorney’s Office said that a decision to retry the defendant had not yet been made.

In the meantime, Nicole Harris has maintained a positive outlook, insisting that she knew that prison wasn’t her “final destination,” that “eventually we’ll have full victory, and it’ll be all over.”

Through all that she has endured, she is certainly due the future she envisioned when she earned her college degree and stepped forward into a life of promise.

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Questionable Membership

Anne — October 03, 2011 @ 11:19 AM — Comments (2)

While many of us are culturally unified by various issues and experiences encompassing race, class, and gender there are others who, once upon a time, belonged to organizations which none of us will ever aspire to join, submit a membership card, or inquire about annual dues. The alliances are headed by various state-approved entities where rules and regulations of the guild are determined and outcomes asserted according to a set of guidelines, mandates, and directives. Organizations oftentimes have prominent affiliates and are located in various districts, townships, and provinces across the land, and though most clubs are fraternal, women can also become members if it has been deemed that they, too, meet certain criteria.

Sometimes, however, memberships are deemed to have been instituted in error. Too late, says the various committee chairs: Your intake cannot be retracted. We will in fact move forward.

Five men, Larry Griffin, Leo Jones, Ellis Wayne Felker, Jesse Tafero, and Cameron Todd Willingham, were members of a club which no free person wants to join. Their shared experiences were their executions amid questionable “evidence” related to various crimes.

Two of the men, Jesse Tafero and Leo Jones, were from Florida. Tafero, executed in 1990, maintained his innocence in the 1976 murder of two law enforcement officers at a rest stop off of 1-95 in Broward County. His execution garnered nationwide attention because of its “botched” handling. His state-approved killing was particularly violently, due to the malfunction of the (now-defunct) electric chair. Writing in response to the May 4, 1990 execution, Justice Leander Shaw said that Tafero’s electrocution was a “violent scene with smoke and flames spurting from his [Tafero’s] head.” Only after three attempts did the State successfully meet its objective.

Jones, convicted in 1981 of killing a Jacksonville police officer, was executed in 1998 amid claims of innocence. His “confession,” he maintained, was coerced by the investigating officers who took his “statement.” Several witnesses later came forward in support of his claim of innocence, and court documents in the case supported his assertion.

Convicted in 1981 and executed in 1995 for the murder of Quinton Moss in Missouri, Larry Griffin garnered the support of the NAACP Legal Defense and Education Fund, and other advocacy groups came to his defense. Although he was executed in 1995, his case was re-opened ten years later. After years of legal wrangling, appeals, and protests by supporters of a new trial, the St. Louis Circuit Attorney, following an extensive case review in 2007, concluded that Griffin was guilty of the crime for which he had been sentenced, and that the State of Missouri had not in fact executed an innocent man. Questions remain, however, regarding his innocence.

Attorneys for Ellis Wayne Felker, executed in1991 at the Georgia Diagnostic and Classification Center (GDCC) in Jackson, Georgia, were refused a new trial for Felker despite having received a plethora of previously unrevealed documents which could have led to a new trial or exoneration. Felker was granted a temporary reprieve (from May-November 1996) due, most likely, to the Summer Olympics in Atlanta in 1996. The State of Georgia certainly could not be marred with the ugliness of an execution during such a global presence. The GDCC was the site of the recent execution of Troy Anthony Davis.

In Texas, which has the renowned feature of being included among the nation’s top five states for executions (Virginia, Oklahoma, Alabama, Ohio are the others), Cameron Todd Willingham’s case comes back into the national spotlight, presumably because of  Governor Rick Perry’s quest for the Republican Party’s nomination for President of the United States. In the face of overwhelming evidence that points to Willingham’s innocence relating to the death of his three daughters in Corsicana, Texas, in 1991, Governor Perry has been met with questions regarding his refusal to allow a probe of the Cunningham case during the height of the litigation.

While it is seriously unfortunate that Griffin, Jones, Felker, Tafero, and Willingham have the dubious distinction of having belonged to fraternities that no one wants to join, what’s more regrettable is that factors that assisted in their membership are continuously being utilized in various courts across the nation, including (faulty) eyewitness testimonies, false confessions, flawed legal counsel, jailhouse snitches, and the withholding of pertinent evidence from defense attorneys.

Our jobs on the outside are to continue the dialogue and to work to eliminate factors which invariably lead to the exclusive memberships.

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September Update

Jackie — September 26, 2011 @ 12:21 PM — Comments (2)

In this monthly update, Seth Miller, IPF’s Executive Director, provides an update on the Florida Innocence Commission’s work on witness identification procedures and recording interrogations to prevent future wrongful convictions. Florida DNA exoneree William Michael Dillon releases his first full-length CD, Black Robes and Lawyers, on September 27th. Seth also announces IPF’s first celebration gala, Steppin’ Out with the Innocence Project of Florida. It is scheduled for April 26, 2012, at the Four Seasons Hotel, Miami. This gala event will honor some of the early pioneers of Florida’s innocence movement and commemorate the inspiring journeys of Florida’s 13 DNA exonerees.

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Exonerated From Death Row: A Public Forum on Tuesday Oct 19th

Jackie — October 18, 2010 @ 2:20 PM — Comments (0)

We are excited that Florida A&M University’s Essential Theatre will be performing the stage play The Exonerated on October 22 – 24. Told in their own words, The Exonerated exposes the real life experiences of six Americans who were sentenced to death row for crimes they did not commit. For additional information about the production, read more.

In an effort to heighten awareness of this important issue, the Essential Theatre and FAMU’s Pre-Professional Law Program have partnered to offer “Exonerated From Death Row:  A Public Forum.” The discussion will focus on the areas that typically lead to wrongful convictions:

  • Eyewitness mis-identification,
  • Improper forensic evidence,
  • False confessions or admissions, and
  • Use of informants standing to gain from their testimony.

The forum is scheduled for Tuesday, October 19, 2010 on the Florida A&M University campus.  The forum will begin at 11:00 am and end no later than 1:00 pm. It will take place in the Charles Winter Wood Theatre (located in Tucker Hall) at 515 Orr Drive.

Panel members include:

  • LeRoy Pernell, Dean, FAMU College of Law;
  • Seth E. Miller, Esq., Executive Director, Innocence Project of Florida;
  • Alan Crotzer, Florida DNA Exoneree;
  • David Keaton, Exoneree, Member of the Quincy 5; and
  • Kent Spriggs, Esq., Spriggs Law, PA.

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Triple DNA Exoneration in Mississippi

Seth — September 17, 2010 @ 3:08 PM — Comments (1)

Yesterday, a Mississippi Court overturned the convictions of Phillip Bivens and Bobby Ray Dixon, two men who falsely pled to a 1979 murder of a woman. DNA has done it again:

Helfrich set aside the guilty pleas entered by Bivens and Bobby Ray Dixon in the May 1979 rape and murder of Eva Gail Patterson following a DNA test. The test matched semen from the crime scene to a DNA profile of Andrew Harris, who currently is serving a life sentence for another Forrest County rape.

Bivens was freed yesterday from his life sentence based on this result.  Dixon was already out on medical release as he has an aggressive form of cancer.  If Dixon can’t beat his cancer (;et’s hope and pray that he does), at least he will have been vindicated in this life.  Bivens’ and Dixon’s co-defendant, Larry Ruffin, was not so lucky:

Larry Ruffin also was convicted in the Patterson case following a trial by jury, but he died in 2002 while serving his life sentence.

Ruffin was also proven innocent through this DNA testing.  The only evidence connecting these three to this murder were their own words.  Each confessed to the crime, even though they were innocent:

Maw said a study published in the Stanford Law Review by Brandon Garrett dissected the first 40 of the 63 DNA exonerations involving a false confession. Garrett found that 97 percent of those confessions contain “explicit details” of the crime. Maw said interrogators usually introduce these details without even knowing they did so.”When you actually look at the statements of Larry Ruffin, Phillip Bivens and Bobby Dixon, they are inconsistent in many respects,” Maw said in open court. “We now know that people falsely confess without being beaten, without being coerced, and it happens more often than we’d like to admit.”

She said interrogators leaking details to those who confess fits this case especially well, as the only thing the three confessions had in common were the facts the police knew about the actual crime.  “I think this case is a very good example of why we have to scrutinize the content of these confessions,” Maw said. “If there is one lesson … it is to record interrogations.”

Well said.  Mandatory recording of interrogations will be an issue that is taken up by the new Florida Innocence Commission.  Congratulations to Mr. Bivens and Mr. Dixon and to all the good folks at IPNO for their wonderful work.

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More About Snitch Testimony in Dillon

Seth — November 05, 2009 @ 10:50 AM — Comments (0)

As we chronicled here on Tuesday,  Roger Dale Chapman, who testified during William Dillon’s 1981 trial that Dillon made a jailhouse confession, attended Dillon’s compensation hearing on Monday to set the record straight.  The news reports don’t really do this riveting moment justice.  So I wanted to recount what occurred from my perspective at counsel’s table:

  • While Dillon was on the stand, he was asked about his time in the county jail.  He noted that while he in jail after arrest, he was in a large cell with upwards of 20 inmates and a story about the Dvorak murder came on the TV.  Many people asked him about it and Bill stated that he told them “I had nothing to do with that there.”
  • Dillon also stated that he did not know Roger Dale Chapman, and therefore didn’t know if he had ever spoken with him at the jail.  The first time he found out about Chapman was when Chapman was on the stand testifying to the jailhouse confession at trial.
  • Then Dillon was dismissed and counsel called Roger Dale Chapman to the astonishment of the hearing officers and just about everyone in the room.
  • Chapman stated that he was in the county jail after being falsely accused of rape.  A Sheriff’s Office Agent, Thom Fair, came to him in the jail and made him an agent of the State for the purposes of soliciting damaging admissions from Dillon.  Fair threatened Chapman with jail time if he didn’t comply.
  • Chapman then stated that he went into the “bullpen” where Dillon was being held with many other inmates and, when the story of the murder came on the TV with a picture of Dillon, he asked Dillon whether he did it and Dillon protested his innocence vehemently.
  • Several days later, Fair came back to the jail to meet Chapman.  At this point Fair already knew that medical testing came back which demonstrated that Chapman could not have committed rape.   Yet, when Chapman stated that Dillon didn’t give him anything and maintained his innocence, Fair held out his hand and stated “I have your life in the palm of my hand and if you don’t give me something on Dillon, I can make that rape charge come back.”
  • Fair also told Chapman that they had Dillon as their “fall guy.”
  • Chapman then stated that he didn’t have anything to say so Fair decided to record a statement by Chapman which would implicate Dillon, only when Fair asked the questions about the specifics of the crime, another investigator held up the answers so Chapman could parrot them back for the recording and the eventual transcribed statement.
  • Dillon’s counsel also entered into evidence secret handwritten notes from Dean Moxley, the Chief Assistant State Attorney, indicating that Chapman may have been made an agent of the State and that they already gave him a bond reduction and they should probably enter into a deal with him.
  • Chapman then testified at trial that Dillon confessed to him in jail with detail about the crime.  Chapman’s rape charge was dropped in exchange.
  • After this testimony, Chapman apologized to Dillon for contributing to his wrongful conviction.

Obviously, none of this was turned over to the defense before trial and at trial, the State insisted that there was no deal.

This is the most pernicious kind of misconduct.  Law enforcement had their mind made up and then just needed to fabricate the evidence to fit that preconceived notion.    We call this tunnel vision.

This misconduct seems to have been the norm in Brevard County in the 1980s and the John Preston+snitch formula worked for the State in Dedge and Dillon, and we’ll find out whether it worked in the case of Gary Bennett.

Either way, this is the beginning of the pulling back of the curtain of the muck that regularly served to cause wrongful convictions in Brevard.  I suspect it won’t be the last we hear.

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Anthony Caravella Round-Up

Seth — September 22, 2009 @ 11:00 AM — Comments (1)

We have been really busy in the last week and haven’t been able to keep up with all the news regarding the recently released Anthony Caravella.  Here are some links to South Florida Sun Sentinel articles by Paula McMahon that will get you up to speed if you aren’t already:

DNA test casts doubt on 1983 Miramar rape and murder case

DNA result just one of troubling aspects in convicted man’s case

Prosecutors: Miramar man convicted of 1983 rape and murder should be freed

Timeline of the Caravella rape-murder case

DNA evidence frees man after 26 years in Broward jail

Freed Broward man enjoys first day of liberty (w/ video)

Out of prison, Anthony Caravella gets offers of help — including for tattoo removal

South Florida opens arms for Caravella (Editorial)

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Broward Pays Up

Seth — September 22, 2009 @ 10:03 AM — Comments (0)

Two weeks ago, Anthony Caravella’s was released from prison based on DNA results that prove he is not a rapist and a killer.  Anthony falsely confessed to the murder of a 58-year-old woman after multiple coercive and suggestive interrogations.   Complicating the matter is Anthony’s diminished mental capacity which made him more prone to falsely confess.

On the heals of that, Broward has finally settled a law suit filed on behalf of Jerry Frank Townshend, a gentleman who spent 22 years in prison for mutiple rapes and murders that DNA testing proved were committed by serial murderer Eddie Lee Mosely.  Members of the Broward Sheriff’s Office knew that Townsend was severely mentally retarding, that he had the mental capacity of an 8-year-old, and that he would confess to anything.  With a rash of unsolved murders (committed by Mosely), the stakes were high and cops used Jerry to close these cases knowing he would falsely confess to crimes he didn’t commit.

Jerry will received $2 million from Broward and he already settled with the City of Miami for $2.2 million for their role in all of this.  Congrats to Jerry and his team for this win.

Hopefully these law suits will be a signal to law enforcement and municipalities that they must take remedial measures must to prevent coercive and suggestive interrogations that lead to false confessions.  One way to do this is to video record the entirety of the interrogation so we can look at the nature and quality of the interrogation when judging the credibility and reliability of a subsequent confession.  It is an easy fix, yet one that gets a lot of push back from institutional actors.

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Obama’s interrogation unit approved

Lenore — August 25, 2009 @ 9:27 AM — Comments (0)

A couple months ago, we mentioned Obama’s plan to create a new team for interrogating terrorism suspects. Last week the plan was approved by the president and the High-Value Detainee Interrogation Group (HIG) was created.

Made up of experts from several intelligence and law enforcement agencies, the interrogation unit will be housed at the FBI but will be overseen by the National Security Council — shifting the center of gravity away from the CIA and giving the White House direct oversight.

At first I considered this good news – better interrogation methods. But there was one thing I read in the Washington Post article that seemed unfair:

Interrogators will not necessarily read detainees their rights before questioning, instead making that decision on a case-by-case basis, officials said. That could affect whether some material can be used in a U.S. court of law. The main purpose of the new unit, however, is to glean intelligence, especially about potential terrorist attacks, the officials said.

“It is not going to, certainly, be automatic in any regard that they are going to be Mirandized,” one official said, referring to the practice of reading defendants their rights. “Nor will it be automatic that they are not Mirandized.”

I find it hard to believe that all information given won’t be used in court if they aren’t Mirandized, and in that case they should know their rights.

Also, a second unit is to be created specifically for decisions relating to Guantanamo Bay prisoners, but details haven’t yet been finalized.

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Obama looking into new interrogation methods

Lenore — July 20, 2009 @ 9:04 AM — Comments (1)

A recurring theme in our blog posts is law enforcement misconduct that leads to wrongful incarceration. Pressure from police officers and lawyers can lead to eyewitness misidentifications or false confessions.

President Obama has taken this into consideration as it relates to the interrogation of terror suspects. A small group of professionals from different agencies are to be assembled specifically for the interrogation of high-value detainees, whereas previously all terror cases were handled by the Central Intelligence Agency (CIA).

One of the team’s tasks would likely be to devise a new set of interrogation methods, according to one person familiar with the proposal. Those techniques could be drawn from sources ranging from scientific studies to the psychology behind television ads.

The new interrogation team, if adopted, would represent the Obama administration’s effort to sweep away a contentious counterterrorism issue that has dogged the CIA and Justice Department since a U.S. network of secret prisons was revealed in 2005. The team would reduce the CIA’s controversial role in interrogations, but the agency remains at odds with Congress.

The article continues…

There could, however, be some similarities with the approach taken by the Bush administration. The team’s efforts, for example, would focus more on gathering intelligence than on assembling evidence suitable for use in a criminal trial.

In addition, the team would be asked to devise noncoercive procedures that may differ from the 19 permitted in the Army Field Manual, which include providing rewards for information and playing on a detainee’s anxiety or other emotions. That document has emerged as a favored standard among many lawmakers and some human-rights groups.

Obviously the major controversy in this instance were the torture methods used to induce confessions out of suspects. Much like eyewitness interrogations, suspect interrogations should be recorded to assure that a confession wasn’t forced.

It’s wonderful that the Obama administration is taking this common issue into consideration. Hopefully the new techniques will spread into use in non-terror cases as well.

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