Withheld Evidence and Injustice in Louisiana

Booker Diggins Remains Behind Bars Despite Blood Tests Proving His Innocence

Innocence Project client Booker Diggins has spent 22 years in Louisiana prisons for a crime scientific evidence shows he didn’t commit. Blood tests could have proven his innocence before trial — but they were never presented. The Innocence Project filed a motion this month seeking to free him based on this evidence.

Diggins was sentenced to life in 1988 for a rape he has always said he didn’t commit. DNA testing can’t be conducted in the case because evidence in the case has been missing since Hurricane Katrina. Blood tests conducted before trial show that the perpetrator had type A blood, however, and tests conducted recently show that Diggins’ blood is Type O — meaning he could not have been the perpetrator.

Prosecutors failed to alert Diggins’ attorneys that a rape kit collected from the victim in the case contained semen that could be compared to Diggins. Since the defense didn't know about the crime scene evidence, Diggins’ blood was not tested for comparison before trial.

In a similar Louisiana case currently pending before the U.S. Supreme Court, John Thompson was convicted of armed robbery in 1985 after prosecutors failed to turn over blood evidence that could have exonerated him. He was eventually freed, and he alleged in a civil case that he was wrongfully convicted as a result of prosecutorial misconduct. Prosecutors are appealing a decision holding them liable. The Supreme Court is expected to hear the case this fall.

Prosecutorial misconduct is a common cause of wrongful conviction. An Innocence Project report on prosecutorial misconduct released today finds that allegations of prosecutorial misconduct have been raised in one-quarter of DNA exoneration cases. In 31 of the first 255 DNA exoneration cases, courts found that some form of prosecutorial misconduct or error played a role in the conviction.

Eyewitness Reforms Gain Steam

Rhode Island Begins Review of Identification Procedures

A group of Rhode Island law enforcement officials and attorneys began work this month on drafting a set of guidelines for eyewitness identification procedures statewide.

The Rhode Island Office of the Public Defender recently asked law enforcement agencies across the state to send their eyewitness identification policies. Of 42 departments that responded, only three have eyewitness policies that include U.S. Department of Justice best practices.

In an effort to address misidentifications in the state, Rhode Island lawmakers formed the eight-member task force that met for the first time this month. The Innocence Project will assist by providing research and expert testimony on misidentification and wrongful conviction.

Rhode Island is one of ten states nationwide with statewide policies aimed at preventing eyewitness misidentification. Is your state one of the ten? Find out on our interactive map.

Read the Innocence Project’s report on eyewitness identification reform — "Reevaluating Lineups."

Ohio Man Scheduled For Execution Despite Evidence of Innocence

Governor Is Last Hope for Kevin Keith

Unless Ohio Gov. Ted Strickland steps in, Kevin Keith will be executed September 15 for a crime he has always maintained he didn’t commit.

Keith was convicted based in large part on extremely questionable eyewitness identification testimony, and the Innocence Network (of which the Innocence Project is a founding member) has repeatedly urged Gov. Strickland to commute the execution so strong new evidence pointing to Keith’s innocence can be considered in court.

In a letter to Gov. Strickland this month, Innocence Network President Keith Findley wrote: "We believe the newly discovered evidence, which was withheld by the state at the time of (Keith’s) trial, provides compelling evidence of his innocence."

Last week, the Ohio Parole Board announced that it had voted 8-0 against recommending clemency for Keith. The board said it gave "considerable deference" to the jury and appeals courts, but Keith’s legal team pointed out in a statement that "it is undisputed that no court or jury has ever considered the entirety of the new evidence that raises serious questions about Mr. Keith’s guilt."

The final decision on whether to commute the execution rests with Strickland, who has supported major criminal justice reforms to prevent wrongful convictions and has said he finds Keith’s conviction "troubling."

Thousands of Keith’s supporters have written to Strickland, urging him to stop the execution. Join them here.

Why I Give: A Donor Profile

Doreen Rainey
Professional and Personal Coach
Bowie, Maryland

I learned about the Innocence Project from a friend who works as an attorney. She and I talk frequently about the racial and socioeconomic disparities in our criminal justice system and the need for immediate reform.

While the suffering caused by a wrongful conviction is impossible to imagine, I believe these injustices are the tip of the iceberg and point to deeper problems in the system. It's obvious to me that poor people and members of minority groups are more likely to face injustice in our courts and prisons, but we're a soundbite society and the problems with courts and law enforcement often fail to enter the public conversation. Thankfully, wrongful convictions overturned by DNA testing have raised the level of this discourse and have contributed to real reform. The common-sense solutions supported by the Innocence Project are inspiring and could provide a platform for change throughout the system.

I always want my donations and efforts to have as big an impact as possible, and sometimes this stops me from making small gifts. I think I was holding back from supporting groups like the Innocence Project because I couldn't afford to fully fund an individual case or make a major contribution. My friend helped open my eyes to the power of every dollar. I started making a monthly donation to the Innocence Project, and now I realize that every gift has an exponential impact. This is the first time I've set up an automatic monthly gift, and I'm proud to say that the Innocence Project can count on my continuing support. In these economic times, consistency helps organizations be as effective as possible.

My career is focused on helping others maximize this opportunity called life. I like to think that the Innocence Project does this as well - it helps give new lives to people who have lost their most precious asset - their freedom. My support of the Innocence Project means so much to me, because now I realize that even when you can't do something big, it's doing something that matters.

Please join me today by setting up a monthly donation to help free innocent people from prison.

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