Posts Tagged ‘wrongful conviction’


New DNA Testing Reveals Florida Death Row Inmate’s Innocence

Anna Fitzpatrick — May 16, 2013 @ 4:44 PM — Comments (2)

DNA helped send Clemente Javier “Shorty” Aguirre to death row in 2006 for the murder of two Altamonte Springs neighbors. Now a team of attorneys have used a new round of DNA testing to prove the innocence Aguirre has been maintaining from the start. This round of DNA testing implicates the victim’s daughter, Samantha Williams, as the real perpetrator.

Cheryl Williams and Carol Bareis, Aguirre’s next-door neighbors, were mother and daughter found stabbed to death in their trailer in Seminole County on June 17, 2004. An undocumented Honduran, Aguirre initially told police that he didn’t know anything about the murders, though later that same day he admitted that he had discovered their bodies around six a.m. when he went to their house hoping to get some beer. When he found Cheryl Williams’ body lying in the foyer, he rolled her over to check for a pulse. Once he realized she was dead, he feared the killer may still be present and grabbed the knife near Cheryl’s body before walking through the rest of the house. When he realized no one was there, he panicked, discarded the knife, went home and stuffed his now-bloody clothes into a trash bag and threw them on the roof. He didn’t report the crime because he feared deportation.

At trial, the State prosecution presented DNA evidence to show the the victims’ blood was on Aguirre’s clothes, shoes, and the bloody knife, which is consistent with Aguirre’s testimony of how he discovered the bodies. The defense, unfortunately, conducted no tests on other bloodstains nor did they even view any of the 197 items of evidence that were collected in this case, much less retain a forensic expert to examine them. The State also offered testimony from a “bloodstain pattern expert” who claimed the stains on Aguirre’s clothes were “impact” or “cast off” rather than “transfer” (which is consistent with Aguirre’s testimony) and alleged that the murders occurred around eight or nine a.m., arguing in closing that Aguirre may have still been in the home when Samantha Williams’ then-boyfriend came to get her work clothes and discovered the bodies. The defense failed to retain any blood pattern, pathologist, or other forensic experts to counter the State’s theories or support Aguirre’s account.

Furthermore, at no time during the trial did Aguirre’s lawyer inquire about or otherwise present the jury with any of the readily-available evidence that Samantha was mentally ill, unstable, and had a volatile and at times violent relationship with her mother, including at least one prior threat to kill her.

On at least three occasions since the murders, Samantha has become so violent and uncontrollable that she has been involuntarily committed to psychiatric facilities. Nearly three years prior to the murders, Samantha had been committed to psychiatric care by her mother, during which time she threatened to kill her mother in the presence of others. Then in December 2007, she was videoed as she repeatedly banged her head against the interior of a police car, sobbing, “my family died from me,” and then threatened to “murder” the officer who had taken her into custody. Again in August 2010, police were called to her home after she tried to set herself on fire and told a neighbor that “demons are in her head and caused her to kill her family.”

The attorney who represented Aguirre at his trial has been found constitutionally ineffective by the courts in at least one other death penalty case he handled. In total, Aguirre’s trial attorney has at least ten former clients presently on Florida’s death row.

In August 2011, Aguirre’s new counsel at the Capital Collateral Regional Counsel – Middle in Florida, in consultation with the Innocence Project, filed a motion for post-conviction DNA testing which found that most of the bloodstains were traced to one or both victims, while no blood from Aguirre was found at the scene. By contrast, two distinct bloodstains were found to come from Samantha and were located in close proximity to the victims’ blood. Although opposed by the State, a second round of testing revealed a total of eight different bloodstains have been identified as Samantha’s, which were spread out over four rooms of the home, each near blood from one or both victims.

At the hearing that began in Sanford, Florida on May 13, 2013, Aguirre’s lawyers will be asking for post-conviction relief based on three separate grounds:

  1. that Aguirre’s lawyer was ineffective for failing to conduct DNA testing and investigate Samantha’s mental health history,
  2.  the new DNA evidence and pre- and post-trial violence by Samantha constitute newly discovered evidence that would have led the jury to an acquittal, and
  3.  the new evidence establishes Aguirre’s innocence.

In what seems like such a clear-cut case of innocence, it is certainly disturbing to consider the lengths the State has gone to in order to protect Samantha Williams from conviction, despite her long history of violence, instability, and pure animosity, while turning a blind eye to the injustices suffered by Aguirre.  Should Aguirre be exonerated, the State will have fought against the freedom of an innocent person and possibly undercut their ability to prosecute the real perpetrator.  This would be the ultimate injustice to both Mr. Aguirre and the victims in this case.

Aguirre is represented by Maria DeLiberato and Marie-Louise Samuels Parmer with the Capital Collateral Regional Counsel – Middle Region.  Nina Morrison and Barry Scheck of the Innocence Project and Seth Miller and Melissa Montle of the Innocence of Florida are serving as co-counsel.

Constitution,Innocence Project of Florida,judicial,justice,post-conviction, , , , , , , , ,


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.

justice,post-conviction,prison, , , , , , ,


When Does the Fight Stop? – The Role of the Prosecution

Jessica — February 14, 2013 @ 10:17 AM — Comments (1)

It wasn’t long after Douglas Prade was exonerated of murder that prosecutors for the State of Ohio made known their intentions to appeal the overturned conviction. Postconviction DNA testing proved Prade did not kill his ex-wife, Margo Prade, in November of 1997. However the prosecution continues to push hard the idea that Prade could in fact be Margo’s murderer.

In an Los Angeles Times article, Keith Findley, president of the Innocence Network, said, “Prosecutors have enormous power over all of our lives, . . . yet no other profession is shielded from the complete lack of accountability.” As representatives of the State, the prosecution must present a case that proves a person guilty beyond a reasonable doubt. But doesn’t their responsibility also include making sure the wrong person is not convicted? And correcting the wrong if the wrong person is?

Innocence projects get involved after the trial, conviction and all of the appeals have been exhausted. There has to be a very compelling reason such as newly discovered evidence to open the door to re-visit a conviction. During this phase, the prosecution has the ability to agree to DNA testing–testing that innocence projects pay for, so there is no expense to the State–and  avoid needless litigation just to obtain this vital science. According to the Innocence Network, nationally 19% of prosecutors oppose DNA testing when it requested by an individual in prison. In Florida, the experience of the Innocence Project of Florida (“IPF”) far outpaces the national averages.  For example, in 2011-2012, IPF has requested DNA testing on behalf of clients potentially wrongfully convicted in 22 cases and prosecutors have only agreed to DNA testing once. They have opposed testing 21 out of 22 times or 95% of the time.  This kind of obstruction is an organized form of prosecutorial misconduct, akin to hiding evidence of innocence.

Not only does this misconduct include the effort of hiding evidence that leads to wrongful convictions or preventing a potentially innocent person from getting DNA testing that could prove their innocence, it also includes continuing to fight after the defense has presented sufficient evidence indicating innocence.  There are many reasons and opinions as to why a prosecutor would continue to fight, but it comes down to admitting that a mistake was made. It is a difficult task to admit a wrongdoing; however is the preservation of a wrongful conviction worth keeping an innocent person in prison? After a conviction has been overturned and innocence declared, isn’t the deliberative thoughtful, diligent decision by a judge that a conviction is wrongful enough to give the case up and let the innocent individual go home? Why is it so important that the prosecution appeals the judge’s ruling? The Plain Dealer, a newspaper in Cleveland, Ohio, stated:

“Because the judge might be wrong,” said John Murphy, the executive director of the prosecuting attorney association. “That’s why we have appellate courts. If we believe there is a genuine issue, we have to take it to the appeals courts.”

Many will question whether prosecutors are out to seek justice, as they are sworn to do, or to win cases at all costs. These questions arise when solid DNA testing proves that the convicted person did not commit the crime and then prosecutors turn right around to fight vigorously against the exoneration and against any claim of innocence. The Center for the Global Study of Wrongful Convictions at the University of Cincinnati College of Law stated:

“tragically, when a prosecutor chooses to protect a verdict rather than fulfill his or her first responsibility to seek the truth and true justice, the real perpetrator—even if a violent murderer—can get a free pass.”

When does the focus shift from convicting an innocent man to identifying the real perpetrator?

In an Illinois double murder case, Daniel Taylor was convicted of committing a crime at 8:45 p.m on November 16, 1992. However police records show that Taylor was under arrest for disorderly conduct from 6:45 p.m. to 10 p.m that night, undermining the contentions of the prosecution that Taylor would have have the opportunity to commit the crime. The Chicago Sun-Times stated:

“seven 23rd District police personnel backed Taylor’s lockup alibi. Those records should have been turned over to the defense at the time of the trial, but Taylor’s trial lawyers say they were not.” … “An officer on guard that night claimed “ it’s just not possible that Taylor was freed or escaped earlier than 10 p.m., as prosecutors suggested at trial. Too many personnel from two different watches would have had to conspire to falsify the records, he says.”

For Daniel Taylor, it is simply not possible that he could have committed the murder as prosecutors are charging. Taylor attorneys returned to court last week seeking the right to continue to appeal his case. Northwestern Law’s Center on Wrongful Convictions released an article entitled Still Imprisoned Despite Jail Alibi, which highlighted the assertion by State Attorney Anita Alvarez that her office has experienced “a shift in philosophy” and pledged to be “more open to the possibility that police and prosecutors had sent an innocent person to prison.” In her announcement, it was said the state’s attorney’s office was “about always seeking justice,” not simply “racking up convictions.” Taking a brief look into the evidence supporting the wrongful conviction of Daniel Taylor, can one believe that this statement is entirely true?

In convictions such as Douglas Prade and Daniel Taylor, the prosecutorial misconduct played significant roles at different times throughout the proceedings. Unfortunately, these two men will fight for a long time in order to find the freedom the justice system owes them. Prade was exonerated last month after a hearing when the judge ordered his immediately release claiming “no reasonable juror, considering all available evidence, would be firmly convinced that Prade was guilty of aggravated murder.” However Prade is still facing the appeals by the prosecution. Daniel Taylor is still awaiting his grant for re-trial in hopes that one day he will be declared an innocent man. In an imperfect system, one can only hope the intentions of those in the justice system are reputable and in the end, justice will be served.

exoneration,justice, , , , , , ,


The Trouble with Texas

Jessica — February 06, 2013 @ 12:30 PM — Comments (0)

The State of Texas is laden with one of the largest controversies in our society, the death penalty. Bloomberg Businessweek reports,

“Texas is well known for its prodigious use of the death penalty: On Halloween [2012], it carried out its 250th execution under Republican Governor Rick Perry’s 12-year tenure. It’s also the most generous state in the nation when it comes to showing remorse for locking up the wrong man.”

There is currently a great deal of concern that Texas may have been prepared to execute an innocent man. Fortunately late in February, Larry Swearingen was granted a stay of execution, hopefully giving him the opportunity he needs to prove his innocence.

The Austin Chronicle delves further into the story of Larry Swearingen, the evidence presented against him in court, as well as the inconsistencies in the case that lead scientists and defense lawyers to continue the fight for his innocence. The Austin Chronicle writes:

 ”Swearingen maintains his innocence, but he was tried and convicted in the summer of 2000; after less than two hours of jury deliberation, he was sentenced to death. Since 2007, he’s been scheduled for execution three times but has avoided lethal injection thanks to court-imposed stays – including one late last month granted by the state’s highest criminal court, the Austin-based Court of Criminal Appeals, which sent the case back to district court for further review.”

The Houston Chronicle writes,

“Judge Kelly Case, however, did not rule on a defense motion requesting DNA testing on crime scene evidence. Instead, he ordered prosecutors to file a response to the motion in 60 days, so he can determine if DNA testing should be done.”

While the ruling does not grant the request for DNA testing, it is certainly a step in the right direction for Swearingen as he has maintained his innocence for 13 years. We certainly hope they do the right thing and grant DNA testing.

The second part of the Bloomberg statement – Texas is “also the most generous state in the nation when it comes to showing remorse for locking up the wrong man.” needs further discussion.

Texas is not only generous with those individuals who were wrongfully convicted and exonerated but also the simple procedures the exonerated must attend to for compensation. The state has written new laws in order to increase the compensation for those wrongfully convicted. The Bloomberg article continues,

“Twenty-seven states and Washington, D.C., provide some form of compensation to the wrongfully convicted. Vermont gives them a one-time payment of between $30,000 and $60,000 for each year they were locked up. Wisconsin pays $25,000 total, regardless of how long a person was incarcerated. So far Texas has paid 88 former prisoners, including two released from death row, a total of nearly $60 million, according to R.J. DeSilva, spokesman for the Texas Comptroller of Public Accounts. A dozen former inmates were added to the rolls in 2012.

“The [Texas] law provides exonerees with a lump sum based on how many years they spent behind bars, plus the $80,000 annuity. The state also agreed to pay for 120 hours of college credit and $10,000 for job training. Cory Session, who’s now policy director of the Innocence Project of Texas, which helps identify and free falsely convicted prisoners, says even the application process was made simple: Freed prisoners submit a few documents, and about six to eight weeks later the first check arrives. “In most states,” he says, “you need a lawyer.”

It is clear that nationwide exonerees are being compensated for their wrongful convictions in many different ways; however Texas is leading in the compensation as well as in the number of executions throughout the United States.

Why does the State of Texas make compensation for a wrongful conviction easier than obtaining post-conviction DNA testing?

 

justice,legislation,post-conviction, , , , , ,


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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A Week of Outreach

WSainvil — October 26, 2012 @ 11:26 AM — Comments (0)

Spreading awareness about IPF and wrongful convictions is crucial in the fight against injustices found in the legal system. A community that is knowledgeable about wrongful convictions is one that will be able to recognize the causes, effects and the harm they cause to innocent persons and society. For this reason IPF spent the week of the October 14th, spreading awareness about our project throughout Florida.

On the 16th Jackie Pugh, James Bain and Robert Cromwell visited Florida Southern College in Lakeland. Pugh, IPF’s development coordinator,  spoke to an audience of over 60 people about IPF and the work that we do.

Cromwell, an IPF board member and retired FBI Special Agent in Charge, spoke about reforms that are necessary to correct two of the causes of wrongful convictions – witness misidentification and false confessions .

“What can I do about yesterday? I can only live for today,” James Bain said to the audience filled with students, professors and community members.

He spent an hour answering questions that revealed after spending 35 years in prison, he has done nothing more than move forward with his life. He shared with the audience how he met his wife and being a father to a six month old son named James Jr.

A similar presentation was held at Rollins College in Winter Park on Oct. 17th. Pugh introduced IPF to the audience. She was accompanied by William Dillon who gave the guests a first hand account of his wrongful conviction and how his exoneration has affected his life.

Our last stop was at Stetson University in DeLand Fla on the 19th. IPF was invited by the Bonner Program to give a presentation.

Photos of James Bain at Florida Southern via TheLedger.com

exoneration,Innocence Project of Florida,justice, , , , , , , ,


Cook County, Illinois Leads the Nation in Wrongful Convictions

Jackie — June 18, 2012 @ 9:12 AM — Comments (0)

Data from a new National Registry of Exonerations has placed Cook County as the number one place for wrongful convictions of violent crimes. Since 1989, 101 cases have been overturned in Illinois, 78 were from Cook County.

Many of the convictions on the list, in Cook County, include cases overseen by disgraced Chicago police commander, Joe Burge, who was convicted of two counts of obstruction of justice and one count of perjury. Burge was accused of torturing more than 200 criminal suspects, between 1972 and 1991, into false confessions.

The top 10 states include:

1.Illinois                 101
2.New York            88
3.Texas                   84
4.California             79
5.Michigan              35
6.Louisiana             34
7.Florida                  32
8.Ohio                     28
9.Massachusetts     27
10.Pennsylvania     27

One could assume the high number of wrongful convictions can be attributed to heavily populated areas, however the National Registry of Exonerations reports that these areas have strong presence of wrongful convictions centers and innocence projects.

Meaning that these states probably don’t have the highest number of wrongful convictions, they are just better at overturning them. It is estimated that Northwestern’s Center on Wrongful Convictions is responsible for a third of Illinois exonerations.

The report also states that because exonerations are not centralized, many exonerations remain unknown. Some of the unknown exonerations include low profile cases and those concealed from the public attention.

While the number of wrongful convictions in Illinois is alarming and even disturbing, it is reassuring to know that where there is a willing and active group of people fighting to overturn wrongful convictions, innocent people will have a higher chance of gaining the justice they deserve.

Read more

Read the full report from the National Registry of Exonerations.

exoneration,justice,post-conviction, , , , , , ,


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.

exoneration,judicial,justice,prison,Science, , , ,


Weekly Update: Compensation and Misconduct in the Lone Star State

Chelsea — May 21, 2012 @ 8:59 AM — Comments (0)

Austin County Attorney Brags About Professional Misconduct

A county attorney in Austin, Texas name of Jana Duty has lied about her involvement with the case of exoneree Michal Morton, who was convicted of murdering his wife Christine over 25 years ago. Duty is currently running for election as Austin’s district attorney, and these allegations of her professional misconduct have come out as a result of her campaign.

Read more about the complaints lodged against Ms. Duty by John Bradley, a man who is running for the same district attorney spot, here.

Texas Supreme Court Orders State to pay $2 Million to Exoneree

Texas exoneree Billy Frederick Allen spent 26 years behind bars for two Dallas murders he did not commit. Yesterday it was announced that he will finally receive compensation for the time he spent wrongfully incarcerated.

Allen was convicted in 1983 and was released in 2009; his release, unlike many other exonerations, came about as a result of problems with witness testimony and Allen’s legal representation that surfaced decades after the original trial. Allen’s success in suing the State for compensation may be the start towards setting a precedent for compensation in other wrongful convictions cases.

Read more about Allen’s case and his compensation trial here.

DNA Evidence Links Another Man to Murder of a Young Girl

Illinois man Andre Davis was only 19 when he was arrested for the murder of 3-year-old Brianna Stickle. While he has not yet been completely exonerated, DNA tests have linked another man to the case, and Davis will either be retried or have the charges against him dropped within the next several weeks. At present Davis’s conviction has been overturned.

Read more about Davis’s case and his future here.

exoneration,Innocence Project of Florida,judicial,justice,litigation,Uncategorized, , , , , , , , , , , ,


Weekly Update: Exonerees Speak Up for Justice and the Northeast Steps Forward with Reforms

Chelsea — April 13, 2012 @ 11:13 AM — Comments (0)

Exoneree Juan Rivera Steps Out to Speak Against Wrongful Convictions

Juan Rivera has remained fairly quiet since he was exonerated earlier this year in a 1992 Illinois murder, but now he will be speaking at an upcoming panel discussion on wrongful convictions. Rivera will appear at Northern Illinois University’s College of Law in DeKalb Tuesday on a so-called Innocence Panel that also includes Justice Susan Hutchinson of the Illinois Appellate Court’s 2nd District, which authored the ruling that led to Rivera’s release, according to the Lake Forest TribLocal.

The panel is scheduled with the intent of bringing awareness to the critical importance of justice reform in preventing wrongful convictions, especially considering an upcoming general election when Lake County will be electing a new state’s attorney.

Read more about Rivera’s case and the upcoming NIU Innocence Panel here.

Connecticut Senate Moves to Repeal Death Penalty

Last Thursday the Connecticut Senate debated for hours before deciding in a 20-16 vote to repeal their death penalty law. Connecticut’s largely left-wing House of Representatives is expected to return a vote in favor of repealing the law within the next several weeks, according to the Associated Press. Further, “Gov. Dannel P. Malloy, the first Democratic governor elected in two decades, has vowed to sign the same bill vetoed by his Republican predecessor.”

Connecticut is one of five states to have done away with the death penalty recently, including New Jersey, New Mexico, New York, and Illinois. However, those states are ones that have hardly used the death penalty within the past fifty years.

Several other states, such as Kentucky and California, have proposals to repeal capitol punishment pending. Increased awareness of how often our system gets it wrong is a big part of why these precautions and considerations are being made.

Read more here.

New York Attorney General Establishes Wrongful Conviction Investigative Board

Wednesday Attorney General Eric T. Schneiderman announced the creation of a new department within the New York Office of the Attorney General; an unprecedented department that will act on an initiative to address issues causing wrongful convictions statewide.

“There is only one person who wins when the wrong person is convicted of a crime: the real perpetrator, who remains free to commit more crimes. For victims, their families, and any of us who could suffer the nightmare of being wrongly accused, it is imperative that we do everything possible to maximize accuracy, justice, and reliability in our justice system,” Attorney General Schneiderman said, according to a Long Island Press Release. “As a result, my office will be working with District Attorneys across the state to address compelling claims of innocence, and I will conduct a top-to-bottom review of my office’s investigatory and prosecutorial procedures, and adapt them as needed to ensure reliability.”

The new bureau has three major tasks; it will review potential wrongful conviction cases from within the District Attorney’s office, it will conduct a thorough review of the Office of the Attorney General’s investigatory and prosecutorial procedures, and a subcommittee of the Bureau will meet to resolve unjust conviction torts filed against the State. This will enable exonerees meeting the requirements for compensation under state law, to receive it in an efficient, streamlined manner.

Read more here.

While we have no proof or actions yet to verify the words of the Attorney General, this is an organization that we need, nationwide, to reform the justice system. While it may still not go far enough (we still need to change police procedures and the prejudices and biases that exist in juries), this in combination with New York’s increased DNA database makes New York one of the most proactive and progressive states with regard to justice reform. And for that, I commend them.

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