The Innocence Project Online - March 2010

 

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Learning from Wrongful Convictions, Ohio Passes Historic Reforms

TX Execution Set for Tomorrow Despite Untested DNA

States Work to Strengthen Arson Science

Why I Give: A Donor Profile


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News from the innocence movement around the United States


Idaho

Bill Would Improve DNA Access

The Idaho Senate last week passed a bill eliminating the one-year deadline after conviction that prisoners currently have to request DNA testing. The state’s House already passed the bill, and it is now awaiting the governor’s signature.

Read more.


Georgia 

Innocence Network Announces Awards

A Washington, D.C., police detective, two Columbus Dispatch reporters and a late Pennsylvania reporter will receive the Innocence Network’s first annual awards for public service and investigative journalism at the network’s national conference April 16 in Atlanta.
 
Read more.


Texas


Posthumous Pardon Granted

Timothy Cole

At an event Friday in Fort Worth, Texas Gov. Rick Perry handed a pardon to the family of Timothy Cole, who died in prison in 1999 while working to prove his innocence. DNA testing last year posthumously exonerated Cole and pointed to the identity of the real perpetrator. Perry signed the pardon earlier this month.

An editorial this month in the San Antonio Express-News called on Texas officials to honor Cole by working to prevent future injustices like his.

Read more about Cole's case here.



New York

A New Conviction Integrity Unit

Cy Vance, Jr., the new Manhattan District Attorney, announced that his office was creating a Conviction Integrity Unit to reexamine closed cases for signs of injustice and to establish procedures to reduce the risk of wrongful conviction.

Innocence Project Co-Director Barry Scheck will sit on the group’s advisory panel.

Read more.



Washington DC

Former Prosecutor Discusses Role in Wrongful Conviction

J. Brooks Harrington, a former Washington, D.C., prosecutor, spoke out recently about learning that he had helped convict Donald Gates of a crime he didn't commit.

"Nobody has any interest in convicting somebody who didn’t commit a crime. You do your best with the evidence you have. I was just flatly wrong about it. I did my best, and it wasn’t good enough," said Harrington, who received a letter of forgiveness from Gates upon his release.

Read more.



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Learning from Wrongful Convictions, Ohio Passes Historic Reforms

Ohio Statehouse

Ohio lawmakers last week passed a package of sweeping criminal justice reforms aimed at preventing injustice by addressing the leading causes of wrongful convictions. The bill, which Gov. Ted Strickland is expected to sign within days, was called by one lawmaker “one of the most important pieces of criminal justice legislation in this state in a century.
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Each time DNA testing helps to free an innocent person from prison, we can study how our criminal justice system failed — and address the problem so it doesn’t happen again. Ohio is now a model in targeting reforms to help free the innocent, prevent wrongful convictions and apprehend the true perpetrators of crime.

The bill includes improvements to lineup procedures, a method for parolees to apply for DNA testing, incentives for police departments to record interrogations and a requirement that evidence in serious crimes be preserved. The Innocence Project worked closely with the Ohio Innocence Project for the last two years to pass these critical reforms.

While these reforms are badly needed from coast to coast, the urgency for systemic change became clear in Ohio after the Columbus Dispatch published the groundbreaking series "Test of Convictions," documenting flaws in the state’s system and helping to bring about two exonerations so far. The series’ two reporters, Mike Wagner and Geoff Dutton, will receive the Innocence Network’s first-annual Journalism Award next month.

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Texas Execution Set for Tomorrow Despite Untested DNA

Hank Skinner   
Texas authorities are scheduled to execute Hank Skinner tomorrow evening at 6 p.m. CDT despite untested DNA evidence that could prove his innocence or guilt.

From the moment he was arrested more than 16 years ago for a triple murder, Skinner has maintained his innocence. He has requested DNA testing for a decade, but Texas courts have repeatedly denied the tests.

Thousands of people from around the world have sent letters to Texas Gov. Rick Perry, urging him to delay Skinner’s execution date so DNA testing can proceed. Will you join them by taking action right now?

Yesterday, the Texas Board of Pardons and Paroles announced that it was not recommending clemency in Skinner’s case. His last hopes for a stay that could allow testing to proceed are the U.S. Supreme Court, where he has an appeal pending, and Texas Gov. Rick Perry, who can order a 30-day delay.

Skinner was convicted in 1995 of killing his live-in girlfriend and her two adult sons. His attorneys say they have developed evidence since his trial that calls his guilt into doubt and points to the possible involvement of an alternate suspect. Among the evidence Skinner is seeking to test are knives from the crime scene, hairs from the victim’s hand and a windbreaker possibly worn by the perpetrator.

The Innocence Project doesn’t represent Skinner, and we don’t know whether he is guilty or innocent. It is clear, however, that DNA testing should be conducted in Skinner’s case before he is executed.

Please take action today by calling on Texas Gov. Rick Perry to stay the execution.

Photo: Texas Tribune

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States Work to Strengthen Arson Science 

Arson
Several states announced today that they will seek to prevent injustice in arson cases by ensuring that fire investigations are based on solid science and not folklore. Lawmakers in Arizona, Nebraska and Oklahoma introduced resolutions clarifying that arson investigations should follow a scientific method laid out by the National Fire Protection Agency.

And tonight in Washington, D.C., a panel of experts will discuss the state of forensic science and arson investigations. Learn more about the forum’s participants and watch the event streaming live online at 7 p.m. EDT.

Among many other topics, the panel will address the case of Cameron Todd Willingham, who was executed in Texas in 2004 for allegedly setting a fire that killed his three daughters. Willingham’s case has brought worldwide attention to the issues of arson investigation and faulty forensics. He was convicted of setting the fire that killed his daughters based in part on arson investigation techniques that have since been debunked, and a report last year in The New Yorker discredited every piece of evidence used to convict him.

Willingham’s execution is a stark example of the impact unvalidated science can have in our criminal justice system but he was not alone in being convicted based on faulty forensics. Arson is one of many disciplines involving forensic techniques that may not be rooted in solid science.

A year ago, the National Academy of Sciences issued a groundbreaking report finding serious problems in forensic science nationwide, and calling on Congress to create an independent, science-based capacity to stimulate research in this area, set national standards and ensure that those standards are uniformly enforced. An editorial in Nature magazine this month says “Congress should follow that recommendation without delay.”

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Why I Give: Barb Hart
Retired Special Education Teacher
Northville, Michigan
Barb Hart

Interest in the Innocence Project has been a gradual process for me. I began hearing about cases and always held to the belief they were isolated situations. After all, I believed, and still do, that we have the best system in the world.

Life's circumstances — no matter how unfair — are meant to help us learn something and grow as an individual. Mine have been no different. A bad lawyer cost me dearly, but I thought of how much more it has cost others. Cancer, from second hand smoke didn't seem fair to me and certainly affected my life, but it gave me a whole lot of time to reflect on what life for an innocent person in prison must be like.

Helping a loved one who was falling through the cracks of a flawed mental health system allowed me to see the need to work within a system for improvements and not give up — ever. I couldn't help but imagine the fear and frustration of innocent victims falling through the cracks of a flawed judicial system and began to understand.

Eventually I was awed by the integrity, endurance, patience and forgiveness displayed by so many innocent persons who have been wrongly imprisoned. They are heroes, and they inspire me to be a better person.

I'm well past the point where I think cases are isolated. We have a systemic problem. It can be fixed. The Innocent Project has already demonstrated its ability to lead in doing that. Despite my fixed income and flexible mortgage, I strongly believe it's too important not to do something, so I give monthly what I'm able to. I'm well past the point where I think cases are isolated. We have a systemic problem. It can be fixed. The Innocent Project has already demonstrated its ability to lead in doing that. Despite my fixed income and flexible mortgage, I strongly believe it's too important not to do something, so I give monthly what I'm able to.

Since you’re reading this article, chances are you already have an "interest" in the Innocence Project, as I once did. Today, I would like to challenge you to change interest into action. Please give something, or if you're already  giving and can do more, try to. Please give in proportion to how it's been given you. Your reward will far outweigh the sacrifice. All of society benefits from the work of the Innocence Project. It's wonderful to feel a part of it.

   
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