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Op-Ed: New York needs to preserve evidence
Posted: June 15, 2007 11:25 am
In today’s Buffalo News, 2006 exoneree Alan Newton writes that a wrongful conviction condemned him to a cage for the prime years of his life, and that his incarceration lasted longer than it should have due to mistakes in cataloguing of evidence by the New York City Police Department.
The DNA evidence that eventually proved my innocence was initially reported as lost or damaged. For years before my exoneration last July, I asked the State of New York and the New York Police Department to produce the evidence they had collected. I requested a search for the evidence three times; each time I was told that it could not be found.Newton also writes about Buffalo exoneree Anthony Capozzi, whose evidence was found this year in a hospital drawer, leading to DNA testing that proved his innocence after he had served 20 years in prison for a crime he didn’t commit.
In 2004, the Innocence Project accepted my case and requested one final search for the evidence. Imagine my surprise when I learned that the rape kit was found in the exact spot where it was supposed to be all along. There are hundreds of others like (Anthony) Capozzi and me — people with credible claims of innocence that could be proven by DNA, but in many cases, the biological evidence will never be found. In a sense, we are the lucky ones.
Read the full article here. (Buffalo News, 06/15/07, Payment required for full article)
Issue in focus: Evidence Preservation Reforms Nationwide
Tags: New York, Anthony Capozzi, Alan Newton, Evidence Preservation
NY Post: NYPD has serious evidence problems
Posted: May 14, 2007
An article in Sunday's New York Post chronicled serious missteps by the New York Police Department in evidence collection and storage that have caused countless cases to remain unsolved and have also led to wrongful convictions. This issue was highlighted by the exoneration last year of New Yorker Alan Newton, who was told evidence in his case was lost for a decade before police found it. Most evidence collected by New York police is currently stored in 55-gallon barrels at a Queens warehouse and signed in and out by hand in log books.
The NYPD says it is working to address the problem by January 2008. The department is currently accepting proposals for a computerized system to track evidence.
"Hundreds of cases are in serious jeopardy because evidence has been misplaced, mishandled," one detective said. "Right now, off the top of my head, I can think of 12 rape cases where evidence cannot be found to send to independent labs."Last week, the Innocence Project and leading New York legislators announced proposals for sweeping changes to the way evidence is preserved in New York state, among other important reforms. Read more here.
…
"Anything that brings this system into this century is welcome," (another detective) said.
Read the full story here. (New York Post, 5/13/07)
Read more about evidence preservation reforms nationwide.
Tags: New York, Alan Newton, Evidence Preservation
Innocence Project staff attorney Nina Morrison and exoneree Alan Newton to speak at Culture Project in New York
Posted: June 29, 2007 2:30 pm
Innocence Project attorney Nina Morrison and Alan Newton, exonerated in July 2006, will speak at the Culture Project in New York on Sunday, July 1st, following a screening of After Innocence. The documentary follows seven wrongfully convicted men after their release and features Morrison in her struggle to win exoneration for her client, Wilton Dedge. After the screening, Morrison and Newton will answer questions from the audience.
Get tickets and find out more about the event:
http://cultureproject.org/wcs/film.html
To view a trailer of the movie:
http://www.newyorkerfilms.com/nyf/t_elements/innocence/innocence_tr.htm
Tags: New York, Wilton Dedge, Alan Newton
Alan Newton’s first year of freedom
Posted: July 9, 2007 1:52 pm
When Alan Newton was exonerated a year ago after serving 22 years in prison for a rape he didn’t commit, he “hit the ground running.” An article in yesterday’s New York Post visits Newton on the one year anniversary of his freedom, and he is smiling.
The determined Newton is intent on overcoming the indignity he's had to live with for 22 years. He's enrolled in school and will graduate with a B.S. in business administration from Medgar Evers College next June. Law school, he says, is next.More coverage: Freed after 20 years, he's rebuilding his life. (New York Daily News, 07/08/07)
He works as a youth mentor, goes on dates, surfs the Internet, and has just returned from a vacation in St. Croix, in the Caribbean, where he water-skied.
"Every day is like a celebration," Newton said. "I walk around with a smile on my face."
Read the full story here. (NY Post, 07/08/07)
Other exonerees celebrating anniversaries of their exonerations this week:
James Tillman, Connecticut. (1 Year; Exonerated 7/11/06)
Lafonso Rollins, Illinois (3 Years, Exonerated 7/12/04)
Tags: Alan Newton, Lafonso Rollins, James Tillman
Maryland court says prosecutors must widen search for evidence
Posted: August 17, 2007 12:28 pm
In a unanimous ruling this month, Maryland’s Court of Appeals said prosecutors must conduct a thorough search for evidence before telling a defendant on appeal that they can’t find it.
The ruling came in the case of Douglas Scott Arey, who was convicted 33 years ago of killing his ex-boss. After Maryland passed a statute in 2001 allowing inmates to seek DNA testing on appeal, Arey filed a motion, only to be told his evidence could not be found in the Baltimore Police Department’s evidence storage unit. Arey’s attorneys appealed this decision, saying police and prosecutors hadn’t searched enough.The appeals court agreed with Arey.
"Because the State was the custodian of the evidence, the State needs to check any place the evidence could reasonably be found, unless there is a written record that the evidence had been destroyed in accordance with then existing protocol," Judge Irma S. Raker wrote on behalf of the court.The state will now be required to regularly check police departments, prosecutor’s offices, hospitals and labs, the court said. Both defense attorneys and prosecutors said the ruling was reasonable. Maryland is one of 42 states with a statute allowing defendants to seek DNA testing on post-conviction appeal, but standards vary widely across the country in the requirements on prosecutors to search for evidence. Now, in Maryland, the standard is clear.
"Sometimes in an older case, evidence does get moved," said Gary Bair, a criminal defense attorney and former head of criminal appeals for the state attorney general. "Because the defendant really has no control over that, it seems like the court is acknowledging that. It puts the initial burden on the prosecution for at least five or six steps."The Baltimore City State's Attorney's Office will follow the court's ruling, said Margaret T. Burns, a spokeswoman for the office. Sharon R. Holback, appointed in June to direct the forensic sciences investigations unit, will head the search.More coverage – Baltimore Sun: Detailed evidence search is called for (8/2/07)
"It's certainly reasonable and understandable, given the new technology," said Burns. "If there's a need for additional staff, we are confident we can meet those challenges due to this new ruling."
Read the full story here. (Baltimore Daily Record, 8/2/07)
Complete text of the court’s opinion. Read about the case of Alan Newton in New York, who was told for ten years that his evidence could not be located until it was finally found – in the exact location it should have been all along.
Tags: Alan Newton, Evidence Preservation
Alan Newton’s two-decade struggle for freedom
Posted: October 23, 2007 3:32 pm
After being sentenced in 1985 to 40 years behind bars for a New York City rape he did not commit, Alan Newton continuously fought to clear his name. For eleven years he tried unsuccessfully to have the rape kit from his case tested for DNA. Finally, after the Innocence Project began to represent Newton, a final request for the evidence led to its discovery – in the exact place it should have been all along. DNA testing proved his innocence and he was released from prison, having spent 21 years behind bars.
Now a student at Medgar Evers College in New York, he often speaks to audiences about his struggle for freedom and problems plaguing the criminal justice system. Last night, he shared his story during a lecture at Wagner College.
For 12 years after (Newton) was in prison, he kept fighting his conviction, filing motions in state and federal courts to get the DNA evidence tested. Claims were made that the kit couldn't be found, it had been misplaced or was presumed destroyed.Read more about Alan Newton’s case here.
"All these different responses told me something wasn't kosher," said Newton. "It gave me the inspiration to keep the litigation going."
Read the full story here.
Tags: Alan Newton
Exoneree Alan Newton earns college degree tomorrow
Posted: June 6, 2008 1:05 pm
After serving 21 years in prison for a rape he didn’t commit, Alan Newton was ready to start his new life on the day he was released – July 6, 2006. Repeatedly requesting DNA testing since he first learned of the technology in 1994, Newton was told over and over that evidence collected at the crime scene had been lost or destroyed by the New York Police Department. In 2005, the Innocence Project asked property clerks at the NYPD storage facility to conduct one final search before Alan’s case was closed. They found the evidence – in the exact spot marked on the evidence report all along. The rest is history – evidence was tested and it proved that Newton didn’t commit the 1984 rape for which he was behind bars.
Almost immediately after his release, Newton began taking classes at Medgar Evers College in Brooklyn, with the help of the Thurgood Marshall Scholarship Fund and supporters at the college and at Moët Hennessy USA. Tomorrow, he graduates with honors and a bachelor’s degree in business. But he’s not done. Now, he plans to attend law school.
Moët Hennessy CEO Mark Cornell is throwing Newton a party in the company’s New York headquarters June 9.
Cornell said he was proud to honor Newton:Watch a four-minute video interview with Alan here.
"Alan Newton is an inspiration to all America. He has overcome enormous obstacles by focusing on the positives rather than allowing himself to think like a victim. A lesser man might have succumbed to the negative forces of anger and bitterness – but not Alan. We are proud to honor this brave man and celebrate his achievements."
Read more. (Moët Hennessy press release)
Tags: Alan Newton
NYC man marks second exoneration anniversary as a college grad
Posted: July 7, 2008 3:18 pm
Innocence Project client Alan Newton spent over a decade searching for the physical evidence from his case. When it was finally found— right where it was supposed to be all along — Newton had spent 20 years in prison for a crime he did not commit. He was finally exonerated two years ago yesterday.
Thanks to the Thurgood Marshall Scholarship Fund and the support of Moët Hennessy USA, Newton is able to celebrate the second anniversary of his exoneration as a college graduate. He graduated with honors from Medgar Evers College with a degree in Business this June. Now, he plans on going to law school to give back to his community.
Watch a four-minute interview with Newton on the Innocence Project’s YouTube page.
Newton’s case is among many where adequate preservation of evidence could have freed an innocent person much earlier – if at all. To date, 27 states across the country have no laws or statues requiring evidence preservation — including New York, Newton’s home state. Even states that have statutes are not without their problems. Some states require preservation only for certain crimes. Others do nothing to sanction those responsible for destroying or discarding evidence.
Learn more about evidence preservation here.
Other exoneration anniversaries this week:
Wednesday: Keith Brown, North Carolina (Served 4 years, Exonerated 7/09/99)
Byron Halsey, New Jersey (Served 19 years, Exonerated 7/09/07)
Friday: James C. Tillman, Connecticut (Served 16.5 years, Exonerated 7/11/06)
Saturday: Lafonso Rollins, Illinois (Served 10 years, Exonerated 7/12/04)
Tags: Keith Brown, Alan Newton, Lafonso Rollins, James Tillman
The Art of Innocence
Posted: October 27, 2008 4:00 pm
A four-day event next week in Utica, New York, will feature speeches by three men exonerated through DNA testing, along with film screenings, a theater production, an art contest and more. “The Art of Innocence” is scheduled for November 5 – -9, and will feature talks with exonerees Roy Brown, Alan Newton and Dennis Maher, as well as Innocence Project Staff Attorney Alba Morales.
Other event highlights include a performance of the play “The Exonerated,” and a screening of the new documentary film “Blanchard Road, Murder in the Finger Lakes” about Roy Brown’s case.
Learn more about “The Art of Innocence.”
Tags: Roy Brown, Dennis Maher, Alan Newton
Hearing Tomorrow in NYC to Address Causes of Wrongful Conviction
Posted: February 12, 2009 2:50 pm
Three men who served a combined 58 years in prison for crimes they didn’t commit will testify tomorrow before a New York State Bar Association task force investigating the causes of wrongful convictions in the state. The group released a report last week that found identification procedures and government practices to be the two leading causes of wrongful convictions.
Among those testifying will be Barry Scheck and Peter Neufeld, the co-founders of the Innocence Project, and three exonerated Innocence Project clients: Scott Fappiano, Jeffrey Deskovic and Alan Newton.
Another hearing is scheduled for February 24 in Albany.
Read more about tomorrow’s event here.
Download the Bar Association report here.
Tags: Jeff Deskovic, Scott Fappiano, Alan Newton
Events This Week in New York and Virginia
Posted: April 13, 2009 1:25 pm
Today in Virginia, Innocence Project Co-Directors Peter Neufeld and Barry Scheck will be awarded the prestigious Thomas Jefferson Medal from the University of Virginia for their decades of service to public interest law and the impact of their work on the criminal justice system. They will discuss “innocence, science and due process” at the law school in Charlottesville, Virginia, at 4:15 p.m. ET. The event is free and open to the public. Get directions here.
And at noon this Thursday, April 16, Innocence Project Staff Attorney Vanessa Potkin and exoneree Alan Newton will speak at New York University in New York City. They will discuss Newton’s case, proposed reforms to prevent wrongful convictions and Newton’s new organization to support the exonerated after release.
Alan Newton was imprisoned for 21 years in New York. His repeated requests over many years for DNA testing on biological evidence from his case were denied because the evidence was not located and believed to have been destroyed. When Newton became a client of the Innocence Project, the involvement and the persistence of the chief prosecutor of sex crimes in the Bronx, Elisa Koenderman, resulted in a successful search for the rape kit. DNA testing in 2006 showed that Alan Newton was not the rapist. He was released and exonerated of the rape, assault and robbery charges against him.
Since his release, Alan completed his bachelor’s degree and is now planning to attend law school. He is a co-founder of A.F.T.E.R. , Advocates for Freedom, Transformation, and Exoneree Rights, Inc., which provides services and a support network for exonerees.
Join them this Thursday, April 16th, from 12-2 p.m. in Kimmel 905 at New York University. To RSVP for the event, please email Bindi Patel at bindi.patel@nyu.edu today.
Tags: Alan Newton
Screening and Discussion Tuesday in New York
Posted: May 11, 2009 6:20 pm
Innocence Project client Alan Newton, who served 21 years in prison for a rape he didn’t commit, will speak tomorrow night in Huntington, New York, following a screening of the award-winning documentary film “After Innocence.”
Newton will be joined by Innocence Project Publications Manager Elizabeth Webster at the screening. The event is open to the public and more information is available here.
Tags: Alan Newton, Life After Exoneration
Three Years Free, Planning for the Future
Posted: July 6, 2009 2:42 pm
On July 6, 2006, three years ago today, Alan Newton walked out of a Bronx courthouse a free man after serving 21 years in prison. He was wrongfully convicted of rape and related charges in 1985 based in part on an eyewitness misidentification. For years, the evidence from his case was thought to be lost or destroyed, but with the help of the Innocence Project, it was finally uncovered in 2005. When subsequent DNA testing conclusively excluded Newton as the perpetrator, his convictions for rape, robbery, and assault were all vacated.
On the day he was freed, Newton spoke with the New York news media about his time in prison and his struggle to obtain DNA testing. Rather than focusing on what had happened to him, Newton instead expressed sympathy for the victim and turned his attention to what could be done in the future. In speaking to NY1, he said “the false arrest and unjust conviction and the amount of time I served should serve as an example, because you have a lot of other brothers in the system who are truly innocent also, and their predicament needs to be brought to the forefront.” Newton also discussed his own plans for the future, which included finishing his college education.
Above, Newton and family members on the day of his release in 2006.
Since his release, Newton has followed through with his education plans. He recently graduated with honors from Medgar Evers College with a degree in business. A scholarship from the Thurgood Marshall Scholarship Fund helped Newton pursue his degree. While in school, he served as a counselor for other students, using his story to encourage them to stay in school. Next, Newton plans to continue his education by attending law school.
In addition to his remarkable educational achievements, Newton has become a leader working for criminal justice reform. He frequently speaks to audiences about his story to raise awareness about the issues and to highlight the need for better eyewitness identification procedures and evidence preservation laws. Not content to stop there, Newton has also co-founded A.F.T.E.R. (Advocates for Freedom, Transformation, and Exoneree Rights), an organization which provides services and support to exonerees. He plans to continue this work as he continues on the path toward practicing law himself.
Other Exoneration Anniversaries This Week:
Thursday:
Byron Halsey, New Jersey (Served 19 Years, Exonerated 7/9/07)
Keith Brown, North Carolina (Served 4 Years, Exonerated 7/9/97)
Saturday:
James Tillman, Connecticut (Served 16.5 Years, Exonerated 7/11/06)
Tags: Alan Newton