Posts Tagged ‘wrongful incarceration’


Man Finds Love Amidst Wrongful Conviction

Kate Mathis — April 08, 2016 @ 10:00 AM — Comments (0)

Despite a few difficulties, thanks to some unusual circumstances, one Johannesburg man has been lucky enough to experience somewhat of a positive outcome due to his wrongful conviction. Boswell Mhlongo was released last year with help from the Wits Justice Project after serving 13 years in two maximum-security prisons for murdering a police officer—a crime that he did not commit.

While he was serving time, Mhlongo completed his matric, which is comparable to honor-level courses in the United States. Matric is the highest level of graduation in South Africa and is required in order to attend a university in the country. He also took several computer science courses, as well as creating a profile on an online dating website. That dating site is where he met the love of his life, Mavis.

Mavis, learned that Mhlongo was incarcerated when he tried to explain where he was after several days of her talking with him. Although he was not the first prisoner she had met through online dating, her instincts encouraged Mavis to trust him and she agreed to meet with Mhlongo. Not knowing anything about prison and hoping to have a place to sit down and talk, she struggled to get in because of what she was wearing. Their first meeting finally took place, however, and the rest is history.

Following Mhlongo’s release, by the end of 2015 the couple was married. They have continued to face setbacks, however. They still do not live together because they have been unable to find jobs in the same province, as it is difficult for Mhlongo to find one. He has to explain why there is a 13-year gap in his career, to which interviewers then get scared and fear for their lives when they hear the word “murder.” Now 37-years-old, Mhlongo was eventually able to find work training mechanics in the northwest.

Although he is finally free, Mhlongo says he is still angry with not only the system that wrongfully imprisoned him, but also with some of the relatives who abandoned him. He stated that his wrongful conviction destroyed him and that despite knowing what kind of person he is, he does not know why his family members could not trust him that he was innocent.

Mhlongo is considering taking legal action, even though no amount of financial compensation will ever be enough to replace the time he lost during his wrongful incarceration.

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Innocent Man Gains Freedom After Nearly 30 Years of False Conviction

Phuc Phan — February 19, 2015 @ 5:15 PM — Comments (0)
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Image Courtesy : LA Times.

Christopher Abernathy, 48, claimed his freedom one more time after the Cook County State’s Attorney lifted his life sentence. The last year DNA test had excluded Abernathy from previous DNA evidence obtained many years ago. He was 18 when he was arrested in the rape and murder of 15-year-old Kristina Hickey, who disappeared Oct.3, 1984. Back in the ‘80s, Abernathy signed an admission of guilt – which Cook County State’s Attorney Anita Alvarez called “quite thin”, since Abernathy has a “diminished mental capacity”. So for now, the killer of Kristina Hickey has still not been identified.

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Please Give Generously to the Innocence Project of Florida

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

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

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

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

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

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

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

Sincerely,
Seth Miller, Esq.
Executive Director

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Motivated by Innocence, Jabbar Collins Awarded $13 Million

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

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

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

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

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

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

 

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California Woman Exonerated After 17 Years

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

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

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

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

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

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IPF Director Seth Miller Presents at One Book Event

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

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

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

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

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

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

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Exoneree Compensation Across the United States

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

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

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

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

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

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

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

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

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

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

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

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Fraud Warning: Taking Money from the Vulnerable

Marianne Salcedo — September 30, 2014 @ 12:16 PM — Comments (0)

There are unscrupulous folks out there posing as legitimate innocence organizations who are targeting people in prison and their vulnerable mothers, wives, and other family members in order to take their money.  If this sounds harsh, consider the flyer below that was received by the Innocence Network.

Flyer received from Project Innocence of America

There is no such “Project Innocence of America,” or the other group to which the flyer asks for $1,000 checks to be made out, “Probable Grounds For Action.”  Another known imposter is “The Innocence Network at Bailey Law.” To incarcerated people and their anxious and distraught wives, mothers, children, and grandmothers, these bad guys guarantee release from prison in “five to eight years.” What the prisoners and their families will be is $1,000 poorer with no results.

Please NEVER SEND MONEY for legal services to anyone claiming to be an innocence organization.  ALL legal services provided by organizations like the Innocence Project of Florida, who are bona fide members of the Innocence Network, are FREE.

Please note the warning on our website and on most innocence organizations websites: “Fraud Alert: We have heard that there are people who fraudulently represent themselves as working for the Innocence Project of Florida, promising legal representation in exchange for money. These people do not work for the Innocence Project of Florida. If you believe you have been contacted by such a person, please contact us. The Innocence Project of Florida provides all legal representation for free. While we rely on charitable donations to support our work, we never solicit money for our services from our clients.”

If you or a loved one are approached by an organization posing as an innocence organization and asking for money to represent an incarcerated person, contact us or the Innocence Network so that we can take appropriate action against these dishonest endeavors.

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The Innocent Prisoner’s Dilemma: The Everton Wagstaffe Case

Marianne Salcedo — September 26, 2014 @ 10:09 AM — Comments (0)

Since January 1992, Everton Wagstaffe has refused to leave prison in New York on probation because that would require him to admit guilt of a crime of which he has steadfastly maintained innocence. Many state legal systems explicitly require an admission of guilt as a condition for parole. In states such as Florida, the admission of guilt is implicit, requiring the convicted to acknowledge their culpability and demonstrate remorse for their crime and for the people they have wronged. Some prisoners, who have claimed innocence have gone ahead and admitted guilt in order to be eligible for release, but find that they are prevented from pursuing their claims of innocence later because they admitted guilt at the parole hearing. This is the innocent prisoner’s dilemma. Northwestern University law professor Daniel Medwell calls it a true Catch 22.

Wagstaffe was convicted in 1992 of the kidnapping and death of a 16-year old girl whose body was found on a Brooklyn street. He spent nearly 23 years in prison protesting for his freedom. On September 17, 2014, Wagstaffe’s conviction was finally reversed by a panel of New York state appeals court judges who found that prosecutors were not forthcoming with evidence that would have shown that detectives and an eye witness to the crime had misled the jury. There had been no other evidence other than the witness’s testimony, which during the recent review of the investigation documents it was discovered that the witness had  been prompted and coached.

Like some other wrongfully convicted exonerees who refused early release because of their integrity, Wagstaffe declined to accept release on parole or probation rather than admit that he had anything to do with the crime. For the time being, he remains in state prison.

Considering the growing number of conviction reversals and exonerations throughout the United States, the “act of grace” that parole boards function as, needs to consider the possibility of false convictions and allow parolees the ability to pursue their claims of innocence after they are released without penalty.

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Letting the Guilty Walk Free

Marianne Salcedo — September 19, 2014 @ 9:42 AM — Comments (1)

When the American system of justice allows an innocent person to be wrongfully convicted and imprisoned, someone else is getting away with murder. Murder or another crime — but the point is that laws and policies throughout the United States limit access to state-of-the-art DNA testing for inmates who claim innocence. On September 18, 2014, the Newark Star-Ledger Editorial Board published an editorial titled, “End the absurd bureaucracy around DNA testing.”

Given the incredible power of DNA to exonerate the innocent and expose the guilty, it’s alarming that a mountain of red tape still impedes its use.

The fact that, out of the 317 exonerations due to exculpatory DNA crime scene test results cited in the editorial, 153 of those results enabled police and prosecutors to identify and catch the real perpetrator, barriers to current DNA testing only serve to destroy innocent lives and let the guilty walk scot-free. As the Star-Ledger editorial notes:

This is not only a problem for the wrongly imprisoned, it’s a threat to public safety.

In Florida, past laws impacting post-sentence DNA testing were fraught with time limits for filing petitions and limitations on how long physical evidence from crime scenes was preserved. In 2006, Florida legislators removed those time limits and extended the time period for preservation of evidence. And to this state’s credit, all DNA test results conducted by the Florida Department of Law Enforcement have the ability to be run through both the state’s DNA database and the FBI’s CODIS. In New Jersey, the reliance on private labs for post-sentence testing means that the real perpetrator’s DNA may not be run through CODIS for a possible match ensuring that the true culprit will never be identified.

Gerald Richardson, a 2013 exoneree who was represented by the Innocence Project in New York, will testify before the legislature in New Jersey advocating that the state require post-sentence DNA tests to be compared with CODIS. Not only would identifying the real perpetrator speed the timeframe in which the falsely convicted are released from prison, but public safety would be improved by getting the true criminal off the streets. Our laws and policies should enhance Americans’ safety, not endanger it.

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