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Debate continues over FBI policy forbidding taped interrogations

Posted: April 3, 2007

While several states and hundreds of law enforcement agencies have adopted policies on recording of custodial interrogations, the Federal Bureau of Investigation still forbis the practice, according to reports. This controversy has been at the center of the recent dismissal of eight U.S. attorneys.

One of the fired attorneys, Paul Charlton of Arizona, has said that the policy against recording is hindering law enforcement and justice.

Mr. Charlton said the problem was particularly acute in Arizona, a state with 21 Indian reservations, where federal law enforcement officials handle major felony cases. In essence, he said, differing investigative practices have resulted in two distinct criminal justice systems. If a crime occurred off the reservation, the confession would be taped, but if it happened on tribal land, it would not.

“That disparity in justice is unacceptable,” Mr. Charlton said in an interview.

The F.B.I., in documents defending its policy, argued that taping was not always possible, particularly when agents were on the road, and that it was not always appropriate. Psychological tricks like misleading or lying to a suspect in questioning or pretending to show the suspect sympathy might also offend a jury, the agency said.

“Perfectly lawful and acceptable interviewing techniques do not always come across in recorded fashion to lay persons as proper means of obtaining information from defendants,” said one of the once-secret internal Justice Department communications made public as part of the investigation into the dismissals of the United States attorneys.

Read the full story. (New York Times, 4/2/07, free registration required)
Recording of interrogations has been proven to prevent false confessions from happening. Read more here.



Tags: False Confessions

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Innocence Project leaders and exonerees testify before Texas Senate committee

Posted: April 10, 2007

The Texas Senate Criminal Justice Committee held a hearing today on three bills to reform the state's justice system. Innocence Project Co-Director Barry Scheck testified, along with four Texas exonerees: James Giles, Brandon Moon, Chris Ochoa and James Waller. The bills discussed today were introduced by Texas State Senator Rodney Ellis (the chairman of the Innocence Project Board of Directors) and would create a Texas innocence commission, expand the state's compensation statute and require law enforcement agencies to record custodial interrogations.

Watch video of today's full press conference, featuring Scheck, Ellis, Giles, Moon, Ochoa and Waller. (Real player required, download it here.)

Watch video of today's Senate Committee on Criminal Justice hearing.

Read background on Senate bill 262 and 263 and 799.

News coverage of today's hearing and press conference:

Ex-inmates urge reforms to aid wrongly convicted. (Houston Chronicle, 04/10/07)



Tags: Innocence Commissions, Exoneree Compensation, False Confessions

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Focus on reforms as 200th exoneration nears

Posted: April 13, 2007

198 people have been exonerated through DNA evidence nationwide since 1989. The 200th DNA exoneration is expected to occur later this month – an important milestone in the criminal justice system. As we approach this moment, critical reforms are taking hold around the country.

An article in yesterday’s Cleveland Plain Dealer points to the need for reform and discusses an ongoing Cleveland case, in which DNA testing has proved that a forensic expert gave false testimony that led to the conviction of Innocence Project client Thomas Siller of a 1997 Cleveland murder.

Read the full story here. (Cleveland Plain Dealer, 4/12/07)

A column in today's Plain Dealer calls for an Ohio innocence commission. Read the full column here.



Tags: Innocence Commissions, False Confessions, Eyewitness Misidentification

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California Senate committee passes three reform bills

Posted: April 19, 2007

The California Commission on the Fair Administration of Justice, one of six “innocence commissions” around the country, is supporting three critical reform bills in the California legislature this year. Lawmakers heard testimony from three exonerees on Tuesday, and the Senate Public Safety Committee passed the three bills, which would improve eyewitness identification procedures, require recording of certain custodial interrogations and place requirements on prosecutors to verify information before a jailhouse informant testifies.

Two similar bills were vetoed last year by Gov. Arnold Schwarzenegger.

"This isn't a foolproof guarantee that we won't have wrongful convictions," said Gerald F. Uelman, a noted defense attorney and professor at Santa Clara University School of Law. "But it would substantially reduce the risk." Uelman and former two-term Attorney General John Van de Kamp lead the panel, formally known as the California Commission on the Fair Administration of Justice.

Read the full story here. (San Jose Mercury News, 4/18/07, free registration required)
Read more about these reforms and others in our Fix The System section.

The San Jose Mercury News published a special series on wrongful convictions last year, entitled “Tainted Trials, Stolen Justice,” click here to read the articles.

Read the bills now pending before the California Senate:

SB756 (eyewitness identification reforms)

SB511 (recording of interrogations)

SB609 (snitch testimony reforms)



Tags: Innocence Commissions, False Confessions, Eyewitness Identification, Informants/Snitches

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Exonerations have changed justice system

Posted: May 3, 2007

An article in today’s Washington Post reports on reforms happening nationwide as a result of DNA exonerations. The 200 wrongful convictions overturned by DNA evidence in the last 18 years have made clear that certain patterns have led to injustice over and over again. The causes of wrongful convictions are well-defined and they can be fixed with proven reforms.

The overturning of convictions based on DNA evidence is prompting changes in criminal procedures that reach beyond race. States and cities are starting to enact or consider laws to change decades-old police methods such as eyewitness identifications and police interrogations that lead to confessions.

"The exonerations have been an extremely important force in getting the legal system to recognize there's a problem," said Gary L. Wells, an Iowa State University psychology professor whose research led to new practices in eyewitness identification. "I've been working at this for 30 years, and before DNA they pretty much ignored the studies."

Read the full story here. (Washington Post, 5/3/07)




Tags: False Confessions, Eyewitness Identification

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Hearing today on DNA reforms in New York Assembly

Posted: May 31, 2007

Today in Albany, a New York Assembly committee heard testimony from Innocence Project Co-Director Peter Neufeld and three New York men exonerated after serving a total of 45 years in prison for crimes they didn’t commit.

Members of the Assembly are considering a new package of reforms that would help prevent wrongful convictions and use DNA to enhance the state’s criminal justice system. The Assembly reforms address these critical issues far more substantially and meaningfully than proposals that passed in the state Senate last week, according to the Innocence Project.

Joining Neufeld in testifying were New York exonerees Alan Newton, Roy Brown and Douglas Warney.

Read the Innocence Project press release on today's testimony here.



Tags: New York, False Confessions, Evidence Preservation, Access to DNA Testing

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New York legislators near deal on reform legislation

Posted: June 1, 2007

Innocence Project Co-Director Peter Neufeld and four New Yorkers exonerated by DNA testing testified before a state Assembly committee yesterday that a package of reforms introduced in the Assembly would bring “serious, meaningful and badly needed” reforms to the state’s criminal justice system. Now it appears that legislators might be close to reaching a compromise between a bill that passed the Senate and the bill pending in the Assembly. The Innocence Project supports the package of reforms in the Assembly because it is addresses critical issues more substantially and more meaningfully than the Senate bill. Gov. Elliot Sptizer said yesterday that certain reforms from the Assembly bill were “reasonable…”

"I would be willing to support ... an innocence commission," Spitzer said. And as for the widening the window for appeal, he said: "That is a reasonable compromise."

Read the full story here. (Elmira Star-Gazette, 5/31/07)
Read the Innocence Project’s press release here.

More news coverage: Wrongfully convicted: DNA expansion must include protections (Journal-News, 6/1/07)

The four exonerees testiftying yesterday were Alan Newton, Doug Warney, Roy Brown and Jeff Deskovic; together they served 60 years in prison for crimes they didn't commit. They are among 23 people proven innocent by DNA testing in New York. Only Texas and Illinois have seen more convictions overturned by DNA testing.



Tags: New York, False Confessions, Evidence Preservation, Access to DNA Testing

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Vermont Gov. signs reform bill into law

Posted: June 5, 2007

Vermont Gov. Jim Douglas signed a bill last week granting access to DNA testing for people who claim innocence after being convicted of certain crimes in the state.

The bill also grants compensation to people exonerated after being convicted of a crime they didn’t commit, and it creates committees to study new state policies on evidence preservation, eyewitness identification reform and recording of custodial interrogation.

Click here to read the full text of the bill as passed by Vermont’s House and Senate.

View a map of post-conviction DNA access laws and exoneree compensation laws nationwide.



Tags: Vermont, Exoneree Compensation, False Confessions, Eyewitness Identification, Evidence Preservation, Access to DNA Testing

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Doing time for no crime

Posted: July 13, 2007 11:44 am

Arthur Carmona was 16 when he was convicted of two robberies in California. He would serve three years before evidence of his innocence began to mount. He was offered a plea agreement that ended his incarceration, but he would not be fully exonerated. He has now devoted himself to fighting the causes of wrongful conviction. He writes in today’s Los Angeles Times about why he supports three bills pending before the California legislature.

Senate Bill 756, sponsored by Mark Ridley-Thomas (D-Los Angeles), would require the state Department of Justice to develop new guidelines for eyewitness identification procedures. For example, guidelines in other states limit the use of in-field show-ups like the one that led to my wrongful conviction.

Senate Bill 511, sponsored by Elaine Alquist (D-Santa Clara), would require recording of the entire interrogation, including the Miranda warning, in cases of violent felonies. Electronic recording of interrogations would not only help end false confessions but also discourage police detectives from lying during interrogations — as they did in my case by claiming to have videotaped evidence of me.

Senate Bill 609, sponsored by Majority Leader Gloria Romero (D-Los Angeles), would prevent convictions based on uncorroborated testimony by jailhouse snitches.

The Legislature should pass all three bills, and the governor should sign them. These reforms are urgently needed to prevent wrongful and unjust incarcerations.

Prison is no place for an innocent man, let alone an innocent kid.

Read the full column here. (Los Angeles Times, 07/13/2007)
Read more about the reform bills pending in the California legislature and a recent hearing of the California Commission on Fair Administration of Justice.



Tags: False Confessions, Informants/Snitches, Eyewitness Misidentification

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New North Carolina innocence inquiry panel gets to work

Posted: September 12, 2007 4:09 pm

The North Carolina Innocence Inquiry Commission was created last year to review possible wrongful convictions and refer cases to a three-judge panel for potential appeal. The eight-member commission is the only group of its kind in the U.S., and it has recently begun its substantative work. The group will have three full-time staff members and is currently investigating three cases, two of which may involve post-conviction DNA testing. The commission has received requests from 200 inmates seeking to have their cases reviewed.

And other major reforms aimed at preventing wrongful convictions in North Carolina are also set to take effect. At the end of August, North Carolina Governor Mike Easley signed three significant criminal justice reform bills into law. The new laws will create statewide standards for police lineups, require recording of police interrogations and strengthen the requirement the law enforcement agencies preserve biological evidence from crime scenes.

Recording interrogations has enormous benefits for both defendants and the police, said Chris Mumma, the executive director of the N.C. Center on Actual Innocence, which coordinates efforts by the state’s law schools to help the wrongfully convicted. Defendants get added protection, and police get the ability to review the interrogation tapes to get more information.

Mumma said that over 500 law-enforcement departments across the country are recording interrogations in some or all of their criminal investigations.

"They have reported that they would never go back,” she said.

Read the full story here. (Winston-Salem Journal, 09/10/07)
Last month, Dwayne Allen Dail was released from prison in North Carolina after DNA testing proved that he did not commit the rape for which he was serving life in prison. Dail was represented by Chris Mumma at the North Carolina Center on Actual Innocence. Read more about Dail’s case here.

Download the full text of the new criminal justice reform laws in North Carolina:

 
  • HB 1625 (Eyewitness Identification)
  • HB 1626 (Recording of Custodial Interrogation)
  • HB 1500 (Access to DNA Testing)




Tags: Dwayne Dail, Innocence Commissions, False Confessions, Evidence Preservation, Access to DNA Testing

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Former prosecutor calls for governor to sign California bills

Posted: September 26, 2007 3:03 pm

Three bills awaiting the signature of California Governor Arnold Schwarzenegger would reform the state’s criminal justice system to provent wrongful convictions. In an op-ed in today’s Sacramento Bee, former federal prosecutor Thomas Sullivan calls for the state to improve its justice system for all parties involved.

I have sat on both sides of the table -- prosecuting crimes as a U.S. attorney and representing the accused as a defense lawyer. This broad experience has shown me that if we can bolster the reliability of evidence in the courtroom, we can strengthen our system of justice for everyone's benefit. California now has a vehicle for that brand of change with three significant bills. If enacted, the trio would enhance the overall accuracy of evidence -- and ensure that California heeds the lessons of (wrongful convictions).

Read the full column here. (Sacramento Bee, 09/26/07)
Read more about the pending bills in our previous blog post.

Watch a video of California exoneree Herman Atkins, explaining how these reforms would prevent others from suffering the injustice he did.




Tags: California, Herman Atkins, False Confessions, Eyewitness Identification, Informants/Snitches

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False confessions are more common than public thinks

Posted: October 2, 2007 3:01 pm

An article in yesterday’s Washington Post considers the public perception of confessions in the wake of the recent sex solicitation case involving Sen. Larry Craig. While the media and public often take Craig’s guilty pleas as a sure sign of guilt, dozens of wrongful convictions overturned by DNA prove that false confessions aren’t rare. A growing body of social science research has shown that interrogation methods often lead to a false confession.

"Innocence is a state of mind that puts innocent people at risk," said psychologist Saul Kassin at Williams College, who has studied the phenomenon. Innocent people, Kassin found, are more likely to waive their constitutional rights to remain silent and to have a lawyer present. Innocent people also assume that innocent people do not get convicted, or that objective evidence will exonerate them. Nearly a quarter of all convictions overturned in recent years based on DNA and other evidence have involved false confessions.

Find the full article and reader comments here. (Washington Post, 10/01/07)
Learn about the cases of innocent people wrongfully convicted after confessing to crimes they didn’t commit, and the Innocence Project’s proposals to record all interrogations – a reform shown to prevent false confessions.

Watch a video of exoneree Chris Ochoa explaining the pressure on him to plead guilty to an Austin, Texas, murder and rape he didn’t commit.




Tags: False Confessions, False Confessions

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Why do innocent people confess?

Posted: October 5, 2007 12:05 pm

An article on Alternet.org this week considers the reasons innocent people have confessed to crimes they didn’t commit, and discovers a common refrain from exonerees who falsely confess after long police interrogations –  “I just wanted to go home.”

When 16-year-old Korey Wise entered the Central Park Police Precinct at 102nd St on April 20, 1989, he didn't realize what he was walking into. It was the day after one of the most grisly crimes in official New York memory-the brutal sexual assault of a woman who would become known as the Central Park Jogger-and Wise had been asked to come in along with other black and Latino youths who had allegedly been in the park the night before. Wise was taken to the scene of the crime and shown graphic pictures of the woman's injuries, which included a fractured skull. Eventually, his visit to the police station would lead to an interrogation and, after nine hours of questioning, a videotaped confession that was confusing, convoluted, and chilling.

Read the full story here. (Alternet.org, 10/02/07)
And visit Alternet.org today to join a lively discussion on the issue of false confessions and reforms to prevent them.

Read more about reforms that can prevent false confessions
.



Tags: Jeff Deskovic, Christopher Ochoa, Korey Wise, False Confessions, False Confessions, Norfolk Four

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California governor vetoes justice reforms

Posted: October 16, 2007 3:15 pm

For the second year in a row, California Gov. Arnold Schwarzenegger yesterday vetoed three bills passed by the state legislature to reduce the number of wrongful convictions in the state. The bills would have required law enforcement agencies to record interrogations in certain crimes, required jailhouse informant testimony to be corroborated and created a task force to develop guidelines on increasing the accuracy of eyewitness identifications.

The chairman of the California Commission on the Fair Administration of Justice said in a statement yesterday that “Schwarzenegger has taken California out of the front lines of criminal justice reform.”

The vacuum of leadership in the Governor’s mansion will not make the causes of wrongful convictions disappear. We cannot insert our heads in the sand as the parade of innocents who have been wrongfully convicted continues to grow.

Read the full statement here. (PDF)
Schwarzenegger, in his veto messages, said new state policies would “would place unnecessary restrictions on police.”

Read the governor’s veto statements here
.

More coverage: Gov. vetoes bills on criminal procedures (Los Angeles Times, 10/16/07)

The California Commission on the Fair Administration of Justice, one of six innocence commissions nationwide, will hold its next public meeting tomorrow, October 17, at Santa Clara University in Santa Clara, California. Click here for the meeting’s agenda.





Tags: California, Innocence Commissions, False Confessions, Eyewitness Identification, Informants/Snitches

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Michigan columnist: When will we learn about false confessions?

Posted: November 28, 2007 5:02 pm

A column in today’s Lansing State Journal calls for Michigan lawmakers to prevent future false confessions and wrongful convictions in the state by requiring that police videotape custodial interrogations. In the wake of the recent release of Claude McCollum in Lansing, community members are calling for critical reforms proven to prevent wrongful convictions.

McCollum told investigators that he could have possibly committed a murder while sleepwalking, and that evidence led to his conviction for murder. New evidence has now proven his innocence and he was released after serving nearly two years in prison.

The column also discusses the case of Eddie Joe Lloyd, an Innocence Project client who served 17 years in prison for a crime he didn’t commit. Lloyd allegedly confessed to the crime, but was mentally unstable at the time.

When will we learn that innocent persons do "confess" to crimes they did not commit?

When will we take a serious look at the social science that explains why individuals do falsely confess or plead guilty to crime?

When will we learn that an incriminating statement does not equal factual guilt?

When will we learn that changes to police interrogation practices are needed?

False confessions lead to the prosecution of the wrong person. The real perpetrator may continue to commit crime. It is time to stand up for Eddie Joe Lloyd, Michelle Jackson, Ron Williamson, Dennis Fritz, Debbie Carter, Ken Wyniemko and others who have been harmed by unreliable, incriminating statements. It is time for Michigan to pass legislation requiring that police interrogations of criminal suspects be videotaped.Read the full column here. (Lansing State Journal, 11/ 28/07)
 



Tags: False Confessions, False Confessions

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Oakland police criticized for recording only parts of interrogations

Posted: December 18, 2007 4:49 pm

An Oakland Tribune investigation published today has found that the Oakland, Calif., Police Department is alone in the Bay Area in its policy of tape recording only portions of interviews with suspects and witnesses. Two recent high-profile murder cases – including the murder of an Oakland Post editor – have bought Oakland Police practices under scrutiny, but police officials defended the practice, saying it allows them to better win the trust of the suspect or witness being interviewed.

Other local law enforcement agencies, which almost always tape entire interviews, disagree. The San Francisco Police Department records entire interrogations and has found that the practice has helped solve crimes.

"Recording is the best evidence, and we encourage it if at all possible," said homicide Lt. John Murphy with the San Francisco Police Department, which investigates an average of 85 homicides a year.

Read the full story here. (Oakland Tribune, 12/18/07)
California does not have a state law requiring that law enforcement agencies record custodial interrogation. Does your state have a law? View our interactive map to find out.

Read about the need for mandatory recording of interrogations.



Tags: False Confessions, False Confessions

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Stronger justice in Vermont around the corner?

Posted: December 19, 2007 2:25 pm

In the next few days, leading criminal justice experts will release their recommendations on improving Vermont’s criminal justice system to prevent and address wrongful convictions.

In an op-ed published today in the Rutland Herald, Innocence Project Policy Director Stephen Saloom writes that legislation passed this year in Vermont advanced the state’s justice system. The reform package provided DNA testing access to convicted people, created a system for compensating the exonerated. The legislation also created task forces to review procedures on evidence preservation, recording of interrogations and eyewitness identification procedures. Saloom, Massachusetts exoneree Dennis Maher and many criminal justice experts testified at the Vermont Legislature in support of the reforms this year. The panels are scheduled to release their findings in the coming days.

Since the task forces were formed, five more innocent people have been exonerated through DNA evidence. The state Legislature and the task forces are positioned to prevent such injustice in Vermont. The opportunity to enhance the state's criminal justice system is in their hands. In the next few days, we'll find out what they choose to do with it.

Read the full op-ed here. (Rutland Herald, 12/19/2007)
View Vermont’s legislation and find your state’s criminal justice reform stance on our interactive map.





Tags: Vermont, Dennis Maher, False Confessions, Eyewitness Identification, Evidence Preservation

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NY Times editorial calls for reforms nationwide

Posted: January 10, 2008 11:00 am

An editorial in today’s New York Times considers the release last week of Charles Chatman in Dallas and calls for critical reforms nationwide to address and prevent wrongful convictions. Hundreds of innocent people remain behind bars, the editorial says, and the risk of convicting innocents will remain strong until we implement reforms that are proven to improven the accuracy and fairness of the criminal justice system – including reforms to eyewitness identification, interrogation procedures and crime lab oversight.

While DNA evidence has captured the popular imagination, Mr. Chatman’s story — and that of many postconviction exonerations — is also in large part about eyewitness misidentification, the most common factor in wrongful convictions. The Innocence Project has proposed some important reforms that states should use in upgrading their criminal justice system. These include improvements in the use of eyewitness testimony and electronic recording of interrogations.

Better oversight and funding of crime labs is also crucial, along with creation of innocence commissions to manage claims of wrongful conviction. A groundbreaking federal law now grants federal inmates access to DNA testing. Most states and localities are lagging in doing this, and in properly preserving evidence.

Read the full editorial here. (New York Times, 01/10/08)
 



Tags: Innocence Commissions, Exoneree Compensation, False Confessions, Eyewitness Identification, Evidence Preservation, Access to DNA Testing

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NY Times calls for recording of interrogations

Posted: January 14, 2008 11:12 am

“What did Martin Tankleff look and sound like when he confessed in 1988 to bludgeoning and slashing his parents to death?” the New York Times asks in a Saturday editorial. “We’ll never know. There is no video or audio recording, just an incomplete narrative, handwritten by detectives, which Mr. Tankleff signed, quickly repudiated, and spent nearly two decades trying to undo.”

DNA exonerations have proven that false confessions happen. In more than 25% of wrongful convictions overturned by DNA testing, a defendant confessed to a crime they didn’t commit. And electronic recording of interrogations prevents false confessions. Recording also aids prosecutors and law enforcement investigations – preserving a true account of an interrogation, allowing officers to focus on questions and not note-taking, and providing a training tool for future interrogations.

Illinois, Alaska and Minnesota – along with more than 500 local jurisdictions – record interrogations in some or most investigations. A bill stalled in the New York legislature last year, and the Times calls for passage of recording legislation this year.

The Tankleff case and the recent high-profile exoneration of Jeffrey Deskovic, who spent 16 years in prison for a rape and murder he confessed to but did not commit, both argue strongly for fixing this glaring flaw in New York’s justice system.

Read the full editorial here. (New York Times, 01/13/08)
Download the Innocence Project’s 2007 report on critical reforms to the New York criminal justice system.

Read more about Marty Tankleff’s case.

Read more about Jeffrey Deskovic’s case
.

Does your state have a law requiring recording of interrogations? Find out in our interactive map.





Tags: Alaska, Illinois, Minnesota, New York, Jeff Deskovic, False Confessions, Marty Tankleff

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Maryland lawmakers again consider recording interrogations

Posted: February 4, 2008 4:46 pm

False confessions are more common than most people think they are. Of the 212 DNA exonerations cases to date, more than 25 percent involved a false confession or admission. And the problem isn’t limited to cases involving biological evidence -- the cases overturned by DNA testing are just a fraction of wrongful convictions, since DNA testing is an option in only a small percentage of all criminal cases.     

Electronic recording of interrogations has been proven to prevent false confessions and to assist law enforcement officials in documentation of investigations and training. Several states – including Maryland -- will consider reforms this year requiring that law enforcement agencies record custodial interrogations. A bill in the Maryland House of Delegates would require recording in investigations of murders, rapes, and first- and second-degree sex offenses. This is the third consecutive year Maryland lawmakers have considered such a bill.

As law-enforcement leaders from around Maryland milled about waiting for the House Judiciary Committee hearing to begin, the tenor of this year's resistance was best uttered by James Green, a Baltimore City police lawyer. "It's a bad thing," he said of HB 6. "But we need a lot of money if it's going to become a good thing." According to the bill's fiscal note, city police would require close to 10 interview rooms costing $10,000 per room, and the state's cumulative cost over the first five years of the law's implementation would be about $500,000….

Eight states and Washington, D.C., now require videotaped interrogations, and Anderson told the committee that local jurisdictions in every state require it. Top cops who made the transition against their better judgment at the outset have since become proponents. Massachusetts district attorney William M. Bennett, for example, told Lawyers Weekly last year that he'd opposed the change because he thought it would result "in a number of defendants refusing to give statements. They might be willing to speak to the police, but they'd be hesitant and reluctant to be recorded. I was wrong."
Read more about Maryland’s proposed law here. (Baltimore City Paper, 01/23/08)

More on false confessions & admissions:

A new book by false confession expert Richard Leo, “Police Interrogation and American Justice,” considers the history and current state of criminal investigation in the U.S. and weighs investigatory tactics against the possibilities of wrongful conviction. The book is scheduled to be released soon and has already received glowing reviews from leaders in the field. Pre-order the book here (a portion of each sale will benefit the Innocence Project).

Chicago attorney Thomas P. Sullivan found in a 2004 report that more than 500 law enforcement agencies around the United States actively record interrogations, and “their experiences have been uniformly positive.” Read Sullivan’s full report here.

Does your state have a statute requiring the recording of interrogations? View our interactive map to find out.





Tags: False Confessions

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NY county plans to record police interrogations

Posted: February 11, 2008 11:06 am

Suffolk County, the western part of New York’s Long Island, will begin recording police interrogations in homicide investigations as soon as this spring, officials announced this week. District Attorney Thomas Spota said he was inspired to work toward this reform because jurors frequently ask to see videotapes of interrogations. Homicide investigations in the county have been under fire for at least two decades. In 1989, a study found that Suffolk detectives had a confession rate in murder investigations.

The news was welcomed by the Innocence Project and supporters of Marty Tankleff, the Suffolk County man who was wrongfully convicted of killing his parents in 1990 after falsely confessing to involvement in the crime.

Officials in Nassau County (eastern Long Island) are also considering a change to record interrogations, and more than 500 jurisdictions around the country have found that recording policies have improved investigations and juror confidence and have helped prevent wrongful convictions.

"I just think that this is the natural evolution of the interrogation process," said (Suffolk County DA Thomas) Spota, who expects to have the new process in place by the end of the year. "And quite frankly, I'm aware that it will increase the public's confidence ... in the integrity of the police's interrogations and their tactics."

Read the full story here. (Newsday, 2/7/08)
Tankleff’s case was recently featured on CBS’ 48 Hours Mystery. Watch the episode online here.

Nassau County men John Kogut, John Restivo and Dennis Halstead were exonerated in 2005 after they served more than 15 years in prison for a murder none of them committed. They were convicted after Kogut gave a false confession following an 18-hours interrogation.

Read more about reforms proposed by the Innocence Project to prevent false confessions nationwide.





Tags: False Confessions

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New Ohio coalition calls for criminal justice reform

Posted: February 25, 2008 3:42 pm

A report delivered to Ohio Gov. Ted Strickland last week by leaders from across the state’s criminal justice system calls for lawmakers to address wrongful convictions with a package of reforms proven to prevent injustice. The report, delivered by the state’s head public defender, a former attorney general and the director of the Ohio Innocence Project, suggests statewide standards for evidence preservation, eyewitness identification procedures, recording of interrogations and crime lab oversight.

"We need to establish additional safeguards to make sure this stuff doesn't happen here," said former Attorney General Jim Petro, a Republican who while in office pushed for DNA testing that freed a man wrongfully convicted of rape and murder.

Ohio Public Defender Tim Young agreed. "Make a list of the worst things that can happen in life, and being locked in prison for a crime you didn't do is near the top of that list. We have a fundamental responsibility, especially with DNA evidence, to make sure justice was done."

Read the full article, and view maps of other reforms passed around the country to address and prevent wrongful convictions. (Columbus Dispatch, 02/24/2008)




Tags: Ohio, Innocence Commissions, False Confessions, Eyewitness Identification, Evidence Preservation, Access to DNA Testing

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Bills to prevent wrongful convictions face last chance in Connecticut

Posted: March 24, 2008 11:05 am

Connecticut lawmakers must act today to advance two proposed reforms that would prevent wrongful convictions by changing police procedures, officials said. The state’s Judiciary Committee has until 5 p.m. to vote on bills to mandate the recording of police interrogations and to reform that way eyewitness identification procedures are held. Innocence Project Policy Director Stephen Saloom was in Connecticut last week testifying on behalf of the eyewitness reform.

Read more here. (Stamford Advocate, 03/24/08)

Read more about reforms on the ground in your state.





Tags: Connecticut, False Confessions

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Tomorrow in NY: Exonerees and experts call for recording of interrogations

Posted: April 10, 2008 10:50 am

False confessions and admissions are a major cause of wrongful conviction, and both study and practice have shown us again and again that there’s a way to stop this injustice. Electronic recording of interrogations prevents false confessions and also helps law enforcement agencies – as an investigative aid and a training tool. At a public forum tomorrow on Long Island, New York state lawmakers will consider proposals to make electronic recording of interrogations standard practice in the state.

Members of the New York State Senate Democratic Task Force on Criminal Justice Reform will hear testimony from Jeffrey Deskovic, who spent over 15 years in prison after he falsely confessed to a murder he didn’t commit. Also testifying on the merits of this legislation to prevent wrongful convictions are Innocence Project Co-Director Barry Scheck, Attorney Thomas Sullivan (who has studied and published on this topic), and representatives of Martin Tankleff, whose conviction was overturned this year after he spent 17 years in prison for murders he didn’t commit. State Sen. Eric Schneiderman chairs the task force.

Read more about the public hearing here.

Members of the public or media planning to attend can email us for more information.




Tags: False Confessions, False Confessions

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Buffalo News: A roadmap for fixing the system

Posted: May 27, 2008 5:01 pm

Today is the third day in a five-part series of editorials and feature stories on wrongful convictions from the Buffalo News, covering the cases, their causes and critical reforms to prevent future injustice. Today’s editorial focuses on eyewitness misidentification, the leading cause of wrongful conviction overturned by DNA testing.

“For generations, we’ve known that witness identifications are inherently unreliable,” said Erie County District Attorney Frank Clark. The problems are significant, portentous and, at least in some cases, probably insurmountable. But strategies exist that will at least reduce the chance of misidentification in lineups. They are inexpensive and should be adopted quickly.

Misidentification is involved in more than 75 percent of the wrongful convictions overturned through DNA evidence, according to the Innocence Project. On reflection, that’s not especially surprising.

Read the full story here. (Buffalo News, 05/27/08)
Visit the Buffalo News website for the paper’s complete coverage of this issue, with a feature story, an introductory editorial from Sunday and another from Monday on recording custodial interrogations.



Tags: False Confessions, Eyewitness Identification

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Another false confession revealed

Posted: July 1, 2008 3:48 pm

Robert Gonzales, 22, spent more than two years in a New Mexico jail awaiting trial for a murder he didn’t commit before DNA testing led authorities to the actual perpetrator of the crime. Gonzales, who has a history of mental illness, allegedly confessed to his involvement in the rape and murder of an 11-year-old girl in 2005, and a grand jury decided that the confession was enough evidence to hold him for trial. But new DNA testing indicates that Israel Diaz, in custody for another crime, actually committed this murder and rape. Gonzales’ attorney, Jeff Buckels, said he confessed because he wanted to please the officers interrogating him.

"For Robert, it basically was a matter of finding out 'What is it that these police officers want me to say,?'" said Buckels. " When he found out, he said it."

Read the full story here. (KOAT Albuquerque, 06/27/08)
Read more on this case on the Center on Wrongful Convictions’ blog.

False confessions or admissions have played a part in more than 25 percent of the 218 wrongful convictions overturned by DNA testing to date, and have been involved in a countless number of cases like Gonzales’, in which a defendant is arrested based on a confession or admission, then released when other evidence reveals the truth.

The Innocence Project recommends electronic recording of police interrogations to prevent false confessions. Read more on this critical reform here.




Tags: False Confessions, False Confessions

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Questions of wrongful convictions raised in 1997 Alaska murder

Posted: July 9, 2008 4:35 pm

Hours after an Alaskan teenager was found dead by a Fairbanks roadside in 1997, two of his high-school classmates confessed to killing him. The supposed confession came as a result of intense police questioning. They implicated two other boys, and all four were convicted of the murder. Ten years later, however, their guilt remains a question. The two men who gave confessions have recanted, claiming their confessions were false. A four-part investigative series on the case by the Fairbanks Daily News-Miner and a journalism class concludes today with stories on false confessions nationwide overturned by DNA testing and the tactics used by police in interrogations.

Why credit claims of innocence from any inmate who has already confessed?
 Science not long ago delivered a three-letter answer: DNA.
Visit the interactive series website here. (Fairbanks Daily Miner)
Read more about false confessions and DNA exonerations here.





Tags: False Confessions

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A false confession in Missouri?

Posted: July 21, 2008 12:25 am

A leading false confession expert testified Friday at a Missouri hearing that Chuck Erickson may have made false statements to police implicating his classmate Ryan Ferguson in a murder he didn’t commit.

Richard Leo, a professor at the University of San Francisco, said improper interrogation tactics used by Columbia, Missouri, police officers in their interview with Erickson could have led him to give a false admission and to implicate his innocent classmate, Ferguson. They interrogated him after he had read a newspaper article about the crime and allegedly had a dream about possibly killing the victim.

“The goal of the police should be to get the truth, not to get a confession,” Leo said. “It has the hallmarks of a persuaded false confession.”

Ferguson was convicted by a jury in 2005 of committing the 2001 murder and sentenced to 40 years in prison. Erickson testified against Ferguson and pled guilty to murder. He was sentenced to 25 years in prison.

Watch a videotape of Erickson’s interrogation on YouTube.

Read more about this case in the Columbia Missourian
.

Learn more about this case on CBS News’ ’48 Hours’ website
.

Buy Richard Leo’s new book “Police Interrogation and American Justice” on Amazon.com
. (A portion of proceeds will benefit the Innocence Project if you use this link)



Tags: False Confessions, False Confessions

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Tankleff, finally free of charges, calls for reforms

Posted: July 25, 2008 12:17 pm

Marty Tankleff was released from a New York prison in December, but it took until this week for charges against him to be officially dropped. On his second day as an officially free man, he told to a group of attorneys on Long Island yesterday about the dangers of false confessions and critical reforms to prevent them.

"For 20 years, in my case, there have been two competing versions of what took place in the interrogation room," Tankleff told the audience, going on to speak about the importance of videotaping complete interrogations so juries can see the facts for themselves.

Tankleff, who woke up one morning in 1988 in the Long Island home he shared with his parents to find his mother dead and his father unconscious, allegedly told police he may have “blacked out” and committed the crimes. His father later died in the hospital, and Tankleff, 17,  was convicted of the murdersand sentenced to 50 years to life in prison. He served 17 years before his release in December.

Watch video from yesterday’s speech at Newsday.com.






Tags: False Confessions, False Confessions, Marty Tankleff

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The case for recording interrogations

Posted: August 27, 2008 2:25 pm

In a forthcoming article in the California Law Review entitled “Mourning Miranda,” professor Charles D. Weisselberg argues that the safeguards guaranteed by the U.S. Supreme Court’s landmark Miranda v. Arizona decision (which requires law enforcement officers to read a suspect his or her rights before detaining them) have become ineffective and even detrimental to the criminal justice system. Law enforcement officers, Weisselberg writes, have learned how to skirt Miranda and interrogate a suspect without a lawyer present.

Blogger Grits for Breakfast wrote yesterday about Weisselberg’s findings, saying that recording interrogations would be a step toward more just police procedures. About 25% of the 220 wrongful convictions overturned by DNA testing involved a false confession or admission, and very few of these were recorded.

From the Tuscaloosa news (via Grits):
The F.B.I., in documents defending its policy [not to require taped interrogations], argued that taping was not always possible, particularly when agents were on the road, and that it was not always appropriate. Psychological tricks like misleading or lying to a suspect in questioning or pretending to show the suspect sympathy might also offend a jury, the agency said.

“Perfectly lawful and acceptable interviewing techniques do not always come across in recorded fashion to lay persons as proper means of obtaining information from defendants,” said one of the once-secret internal Justice Department communications made public as part of the investigation into the dismissals of the United States attorneys.
That's not an acceptable reason to oppose taped interrogations, particularly in circumstances where a suspect has been isolated and read their Miranda rights. Just like cockroaches scatter when you turn on a light, my guess is that recording and thus exposing these tactics to scrutiny by judges and juries would, in the long run, result in their defenestration. At a minimum, recording would allow more comprehensive post-investigative analysis by researchers to identify unproductive approaches and best practices. Until then, for the foreseeable future, coercive tactics will remain a routine part of American police interrogation.
Download Weisselberg’s paper here, and read the Grits for Breakfast post (and other commentary on police interrogation and electronic recording) here.


Watch an interview with exoneree Chris Ochoa, who explains how police pressure led him to confess to a crime he didn’t commit.

 



Tags: Christopher Ochoa, False Confessions, False Confessions

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Today on Oprah: Marty Tankleff discusses false confessions

Posted: October 20, 2008 11:50 am

Marty Tankleff served 17 years in a New York prison for the murder of his parents before new evidence proved his innocence. He was a teenager when he woke up to find his mother dead and his father unconscious in the family’s Long Island home. His father would die weeks later in a hospital, and officers immediately treated Tankleff as a suspect. During an intense interrogation, Tankleff told officers he may have “blacked out” and committed the crime. He was convicted and sentenced to 50 years to life.

Today he will tell his story as a guest on the Oprah Winfrey Show, and discuss reforms that could prevent false confessions and admissions like his. Visit Oprah’s website for local listings and more information.

Read more about the recording of interrogations here.





Tags: False Confessions, False Confessions

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Texas Senator calls on state to act against injustice

Posted: October 22, 2008 4:51 pm

Texas State Sen. Rodney Ellis writes in today’s Dallas Morning News that the state legislature should prioritize criminal justice reforms to prevent wrongful convictions in the next session. Ellis, who is also the Innocence Project Board Chairman, wrote about a package of legislation he will introduce in 2009 to overhaul eyewitness identification procedures in the state, require the videotaping of interrogations and mandate the disclosure of deals made with informants for their testimony.

Ultimately, the Texas Legislature, courts and local governments should take responsibility for wrongful convictions. We elected officials to ensure that police departments are adequately funded and officers are properly trained. We also must guarantee that impoverished people accused of crimes receive a quality defense. And the courts are ultimately responsible for ensuring that evidence is reliable, the innocent are freed and defendants' constitutional and due process rights are protected.

Read Ellis’ op-ed here. (Dallas Morning News, 10/22/08)




Tags: Texas, False Confessions, Eyewitness Identification

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FBI Agents Call for Justice in Virginia Case

Posted: November 12, 2008 4:10 pm

A group of more than two dozen retired FBI agents called on Virginia Gov. Tim Kaine this week to pardon four men who say they were wrongfully convicted of a murder in Norfolk in 1997. The men, known as the “Norfolk Four” say they falsely confessed to involvement in the rape and murder of a 19-year-old woman. Three of them are still behind bars today, thr fourth was released after serving his full sentence but he also seeks a pardon to clear his name. Another fifth man, whose DNA matches evidence from the crime scene, has since confessed to committing the crime alone. He is also in prison for the crime.

The group of FBI agents sent a letter to Kaine in July, but they haven’t received a reply. They held a press conference on Monday to announce their position. Jay Cochran, Jr, a 29-year FBI veteran and former commissioner of the Virginia State Police, is a leader of the group.

"They stand falsely convicted and imprisoned for a crime they did not commit," Cochran said. "Our members are not bleeding hearts. We do not have an interest in the outcome. Our only interest is in serving the interests of justice." …Delacey Skinner, a Kaine spokeswoman, said Monday that the governor is "committed to giving the case thorough and thoughtful consideration" but has made no decision and has not established a deadline for doing so. Lawyers for three of the Norfolk Four, working for free on behalf of the Virginia Innocence Project, first filed clemency petitions … when Mark Warner (D) was governor.
    
Read the full story here. (Washington Post, 11/11/08)
Read more:

The Disturbing Case of the Norfolk Four (Time Magazine, 11/11/08)

Visit the Norfolk Four website for a complete background on the case.



Tags: False Confessions, False Confessions

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A Mohammad Ali Fight and a Wrongful Conviction

Posted: November 20, 2008 3:40 pm

Students and attorneys at the Medill Innocence Project and the Center on Wrongful Convictions, both affiliated with Northwestern University, have uncovered evidence that could uncover a 1981 wrongful murder conviction.

Anthony McKinney was convicted of shooting a security guard on Sept. 15, 1978, the night Mohammad Ali defeated Leon Spinks for the heavyweight championship. McKinney was 18 at the time, and says he signed a false confession after police beat him with pipes.

Two witnesses, ages 15 and 18, allegedly told police they had seen McKinney kill the victim, shortly after the 10th round of the Ali fight. But the victim was dead, and the police had been called, before the fight reached the 9th round. Both witnesses have also said that police coerced them to testify against McKinney. Attorneys at McKinney’s trial knew about evidence pointing to other perpetrators, but the jury never heard it.

The journalism students were working on McKinney's case under the direction of David Protess, director of the Medill School of Journalism Innocence Project.
"Anthony's plight is about the most tragic I've ever seen," Protess said. "He not only has been locked up for almost two-thirds of his life for a crime he did not commit, but the actual perpetrators were known right from the start."

Read the full story here. (Chicago Sun-Times, 11/20/08)
Read more about the case at the Medill Innocence Project website.

 



Tags: Illinois, False Confessions, False Confessions

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DNA Tests in Texas Case May Prove Two Men Innocent

Posted: January 8, 2009 2:00 pm

New DNA evidence may exclude two men long considered to be guilty of one of the most controversial homicide cases in Austin, Texas. Robert Springsteen, Michael Scott, Maurice Pearce and Forrest Welborn were all charged in 1991 for the murder of four teenagers, but only Springsteen and Scott were tried and convicted.

The four teenage girls were murdered at an I Can't Believe its Yogurt shop 17 years ago, but preliminary forensic DNA evidence from three of the four victims is reported be from multiple sources, none of which match Springsteen or Scott (nor do they match Maurice Pearce or Forrest Welborn ). Although both men also made admissions of guilt, they have since told the court that the confessions were coerced by investigating police officers.

Both Springsteen and Scott were in court this week, and although the final DNA test report will not be ready until next week, the judge told Springsteen and Scott that he would allow two more attorneys to help the defendants with their case.

Read the full story here
. (News 8 Austin, 1/7/09)

Read background on the case here.





Tags: Texas, False Confessions, Access to DNA Testing

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False Confessions and the Integrity Unit

Posted: January 14, 2009 3:29 pm

At a meeting yesterday of the Texas Court of Criminal Appeals’ Criminal Justice Integrity Unit, Professor Richard Leo testified about how false confessions happen. Scott Henson recaps Leo’s testimony on his blog Grits for Breakfast and compares the common causes of false confessions with the facts in the ongoing “Yogurt Shop” case in Austin.

Leo insisted that police interrogation tactics are the primary cause of false confessions, but thinks that a secondary cause has to do with individual personality types. At risk individuals include juveniles, the mentally retarded, the mentally ill, people who are highly suggestible or compliant, or who have poor memory or high anxiety.

Most false confessors, he said, are "mentally normal" individuals, but those in a risk group are more likely to falsely confess.

There are three types of false confessors, said Leo: Voluntary, Compliant, and Persuaded. To use a current, local example, all three of these false confession types were in play in Austin's Yogurt Shop murders.

Read Henson’s full post here. (Grits for Breakfast, 01/13/09)
We wrote about the “Yogurt Shop” case in this space last week, when the two incarcerated defendants in the case were in court for a hearing on DNA test results excluding them on evidence from the crime scene. Robert Springsteen and Michael Scott were convicted of killing four teenage girls in an Austin yogurt shop 17 years ago, and allegedly made admissions of guilt. They say their admissions were coerced by police officers. A final DNA test report is expected in the case this week.
 



Tags: Innocence Commissions, False Confessions, False Confessions

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Friday Roundup: Identification, Videotapes and Crime Labs

Posted: January 23, 2009 5:10 pm

In a week that saw a new U.S. President take office, criminal justice reform was in the air, from Georgia to Texas and New York to Denver.

Last week that the Dallas Police Department announced that it will improve the way it conducts lineups, and an editorial in the Corpus Christi Caller-Times urged all police departments in Texas to follow Dallas’ lead and begin using double-blind sequential lineups, which are proven to reduce misidentifications.

As we reported on Wednesday, the organization that trains Georgia’s police officers will be expanding its identification trainings this year.

Officials in Suffolk and Nassau Counties in New York have announced that they will begin videotaping all custodial interrogations in homicide and serious robbery cases. They will join 15 other counties in the state and more than 500 jurisdictions nationwide that routinely tape interrogations.

In crime lab news, Illinois officials pledged to cooperate with each other on reducing the state’s backlog of 1,230 cases awaiting blood tests. And prosecutors in Colorado support a new bill aiming to limit the reach of a law passed last year requiring law enforcement agencies to preserve crime scene evidence.

We reported yesterday on appeals by the Innocence Project and Texas attorneys to delay Larry Swearingen’s execution in Texas until proper DNA testing can be conducted. Another death row inmate, Charles Raby, is seeking a new trial based on DNA evidence that he says proves his innocence.

Kirk Bloodsworth, who was exonerated in 1993 with the Innocence Project’s help, served eight years behind bars – much of it on death row – for a murder he didn’t commit. He told an audience at Utah State University this week about the struggle to survive in prison and his life after exoneration.

A Washington state man spoke out this week about spending 11 months in jail awaiting trial for a murder he didn’t commit. Glenn Proctor was misidentified by an eyewitness and arrested for a shooting last January; he waited nearly a year before he was cleared by forensic evidence. His case highlights how lives are disrupted and police investigations derailed by misidentifications, even in cases that never become a wrongful conviction.

The Innocence Project Northwest, based at the University of Washington School of Law in Seattle, announced this week that it had founded the new Integrity of Justice Project with a gift from the RiverStyx Foundation. “The IJP will work to foster a collaborative partnership among prosecutors, law enforcement, defense lawyers, the courts, and others to identify best practices and procedures that can improve the accuracy of determinations of guilt or innocence,” wrote clinical director Deborah Maranville.





Tags: Kirk Bloodsworth, False Confessions, Evidence Preservation

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Do False Confessions Contribute to Misidentifications?

Posted: January 29, 2009 4:21 pm

A new study has found a link between false confessions and the confidence in incorrect identifications made by eyewitnesses. The study, conducted by psychologists at Iowa State University and John Jay College and published in the January issue of Psychological Science, found that the eyewitnesses became more confident in their identification when they learned that someone confessed to the crime.

The study was conducted by staging a fake crime in front of students in a university laboratory:

At some point, a person walked in, picked up a laptop from the desk, and walked out of the room. A few minutes later, the research assistant entered the room and announced, with obvious distress, that her laptop was missing. The group of students were the eyewitnesses and were asked to help solve the crime. The students were first asked to identify the thief from a line-up (however, unbeknownst to them, the actual thief was not in the lineup) and rate the confidence of their answers. The students returned two days later, to continue helping with the investigation. When they returned, they were told either that all of the suspects denied involvement or that a specific suspect confessed to the crime. The students were then to reconsider their original identification and rate how confident they were.

The vast majority of study volunteers identified an innocent man as the criminal, and many did so with confidence. That's disturbing in itself, but it gets worse. While few were persuaded by claims of innocence - that happens all the time - a disturbing number changed their mind when a suspect confessed. An astonishing 60 percent who had fingered one suspect flip-flopped when a different man confessed. Even those who had been very sure of their original identification experienced a steep drop in confidence. When asked to explain their change of heart, most said they had been mistaken earlier, that their memories had fooled them.

Read more here. (Science Daily, 01/29/2009)





Tags: False Confessions, Eyewitness Identification, False Confessions, Eyewitness Misidentification

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Exonerations Spark Reforms in Ohio

Posted: March 26, 2009 4:31 pm

After the recent exonerations of Robert McClendon and Joseph Fears in Ohio, state lawmakers – both Democrats and Republicans – are seeking to pass a package of reforms that would help free innocent prisoners and prevent future wrongful convictions. A bill pending before the Ohio legislature would grant wider access to post-conviction DNA testing and would require changes to lineup procedures and the electronic recording of some interrogations.

But some police and prosecutorial organizations are resisting the changes, saying they would be burdensome and costly for police departments to implement and would prevent police from doing their jobs.

State Sen. Bill Seitz, R-Cincinnati, said even with compromises this bill would be a step in the right direction and would help prevent wrongful convictions.

"It will be progress that will save the system money," he said, noting that it will mean fewer arguments and appeals over the legitimacy of confessions.

Seitz stressed that he wants to work out issues and move the bill, noting two recent cases of innocence and "countless other cases in which people hoped to get exonerated only to find that the dog ate my homework and the (DNA) evidence was gone.
"This issue is too important. We've got real problems with real-life people. All I would say to anybody who doesn't like this bill is: What if it was you in jail for 18 years for a crime you didn't commit?"

Read the full story here. (Columbus Dispatch, 03/26/09)




Tags: Joseph Fears, Robert McClendon, False Confessions, Eyewitness Identification, Access to DNA Testing

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Tennessee Lawmakers Consider Recording Interrogations

Posted: April 7, 2009 4:50 pm

Tomorrow, the Tennessee Senate Judiciary Committee will hear testimony on a bill that would require law enforcement agencies to record custodial interrogations in murder cases.  The bill, however, would not render statements inadmissible in court if law enforcement officials fail to record the interrogation and preserve the recording.
 
Read the full text of the bill – SB261 – and watch video of the Senate Judiciary Committee discussion of the bill last week.

Over 500 jurisdictions nationwide, including the states of Illinois, Maine, Maryland, Nebraska, New Mexico, North Carolina, Wisconsin and the District of Columbia require the recording of interrogations, and state Supreme Courts have taken action on the issue in Alaska, Iowa, Massachusetts, Minnesota, New Hampshire and New Jersey.
 
With mental health issues of perpetrators and aggressive law enforcement tactics to contend with, it is not uncommon for innocent people to confess to crimes they did not commit.  The electronic recording of interrogations, from the initial arrest and reading of Miranda rights forward, can help prevent false confessions.
 



Tags: Tennessee, False Confessions

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New Montana Law Requires Recording of Interrogations

Posted: April 17, 2009 5:55 pm

With strong bipartisan support in the State Legislature, Montana recently enacted a law requiring police statewide to electronically record custodial interrogations in felony criminal cases, becoming the 14th state nationwide to require the recording of interrogations, a reform increasingly seen as an easy and effective way to ensure fair justice for suspects and defendants and to help law enforcement agencies apprehend perpetrators of crimes.

A number of cities and counties across Montana already have adopted recording policies on their own, but HB 534 expands the practice statewide and ensures uniform procedures across jurisdictions. The new law requires police to electronically record custodial interrogations that occur in felony cases. If a statement is not recorded, a judge may reject it as evidence unless it satisfies exceptions provided in the law, such as equipment failure and statements made spontaneously or during routine booking.  

Across the nation, about 25 percent of people convicted and later exonerated by DNA evidence were wrongly convicted based on false confessions or admissions.  This reform also aids law enforcement by preventing disputes about how an officer conducted himself or treated a suspect; creating a record of statements made by the suspect, which advances prosecutions; and capturing subtle details that may be lost if unrecorded, which help law enforcement better investigate the crime.

Two other major benefits of recording interrogations include saving court time and expense for the justice system by helping judges, juries and attorneys settle disputes about what happened during an interrogation and helping to convict guilty defendants who are less likely to contest officers' reports when faced with independent evidence of their statements.

To date, legislation has been enacted in Illinois, Maine, Maryland, Nebraska, New Mexico, North Carolina, Wisconsin and the District of Columbia requiring the recording of interrogations, and state supreme courts have taken action on the issue in Alaska, Iowa, Massachusetts, Minnesota, New Hampshire and New Jersey. Legislatures in Arizona, Arkansas, Connecticut, Indiana, Kansas, Missouri, Montana, New Jersey, New York, North Carolina and Ohio are considering reforms to mandate the recording of interrogations. Five hundred jurisdictions nationwide have voluntarily adopted policies to record interrogations.   

Click here for the full text of the new Montana law.

Read more about the Innocence Project's work supporting the recording of interrogations.



Tags: False Confessions

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Three Years of Freedom

Posted: May 15, 2009 4:01 pm

Three years ago tomorrow, Doug Warney was freed from a New York prison after serving nine years for a murder he didn’t commit. Warney, who has a history of mental health issues, was convicted based in part on a false confession he allegedly made after 12 hours of questioning. About 25% of wrongful convictions overturned by DNA testing nationwide have involved false confessions or admissions.

At the time of Warney’s exoneration in 2006, Innocence Project Co-Director Peter Neufeld said it should lead law enforcement agencies across the state to begin recording interrogations. Three years later, although many individual agencies in the state have begun to record interrogations, New York is still one of 36 states with no law requiring recordings.

“These DNA results don’t just show that Doug Warney is innocent – they reveal criminal conduct on the part of at least two Rochester police officers, and they demonstrate tunnel vision on the part of police and prosecutors who ignored compelling evidence that the confession was bogus,” said Peter Neufeld, Co-Director of the Innocence Project. “This case should be a clarion call for every law enforcement agency in the state to begin recording police interrogations for serious crimes.”
Earlier this month, the chief judge of New York’s highest court said he would create a new permanent task force to examine causes of wrongful convictions – like false confessions – and recommend reforms to prevent wrongful convictions like Warney’s.

Neufeld said this task force could be a driving force to finally bring about changes like recorded interrogations in New York, but that it is also critical that the state legislature take action.
“While this is a major step forward, it is one piece of the whole. There are major systemic weaknesses demanding immediate action, and we will continue working with the Governor, Attorney General and Legislature to advance critical reforms in this legislative session that can prevent wrongful convictions. The task force Judge Lippman is creating does not supplant other efforts – it complements them and makes them even more critical.”
Other Exoneration Anniversaries This Week:

Sunday: Neil Miller, Massachusetts (Served 9.5 Years, Exonerated 5/1/0/2000)

Monday: Curtis McCarty, Oklahoma (Served 21 Years, Exonerated 5/11/2007)

Thursday: Josiah Sutton, Texas (Served 4.5 Years, Exonerated 5/14/04)





Tags: Douglas Warney, False Confessions

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Missouri Column: Too Many Errors

Posted: June 1, 2009 5:25 pm

Attorney and former police officer Stephen Wyse writes in the Springfield, Missouri, News-Leader today that his state is in dire need of reforms to prevent wrongful convictions and better identify the perpetrators of crime. There have been seven DNA exonerations in Missouri, but efforts to reform eyewitness identification procedures, forensic practices and interrogations have fallen flat in recent years.

There are no endeavors where perfection is universally possible, but where substantial errors can be eliminated by adopting the "best practices," don't we owe that to ourselves as citizens? Memorial Day honors those who protect our freedom. We should all commit ourselves to defending the spirit of the Constitution and the liberty it enshrines.

Read the full column here. (News-Leader, 06/01/09)
For an overview of exonerations by state and the reforms in place, visit our interactive maps here.

 



Tags: Missouri, False Confessions, Eyewitness Identification, Forensic Oversight

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Two Cleared in Ohio as State Senate Passes Reform Bill

Posted: June 25, 2009 1:05 pm

Nancy Smith and Joseph Allen were freed in Ohio in February after serving more than 14 years for sexual assaults they’ve always said they didn’t commit. Yesterday, an Ohio county judge ordered all charges dropped against them.

During a multi-year investigation into this case, the Ohio Innocence Project turned up convincing evidence that Smith and Allen didn’t commit the child sexual assaults for which they were convicted in 1994. Read more about the case in the Cleveland Plain Dealer.

Upon her release, Smith said she was glad to move on with her life:

“I go find a job and just live my life finally, after all these years, with my children, my grandchildren and my family,” a tearful Smith said during an interview at the Lorain office of her attorney, Jack Bradley.

Read the full story. (Chronicle-Telegram, 06/25/09)
Also yesterday, the Ohio Senate voted 32-1 in favor of a bill addressing several of the most critical reforms to free the innocent and prevent wrongful convictions. The bill expands the state’s DNA access law, requires all lineups to be double-blind, requires recording of interrogations in serious crimes and requires preservation of evidence in serious crimes. It now heads to the state House of Representatives.
“This was a piece of much needed legislation that will bring Ohio up to speed with the best practices in the country,” said Mark Godsey, a UC professor of law and faculty director of the Ohio Innocence Project.

Read more on yesterday’s vote.




Tags: False Confessions, Eyewitness Identification, Evidence Preservation, Access to DNA Testing

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Charges Dropped in Illinois and a Confession is Questioned in Michigan

Posted: July 7, 2009 4:49 pm

Two Chicago men are expected to be freed today after prosecutors announced that they did not have sufficient evidence to retry them. Ronald Kitchen, 50, and Marvin Reeves, 43, have served more than two decades in prison for give murders they say they didn’t commit.

Kitchen supposedly confessed to committing the crime after hours of interrogations and alleged beatings by Chicago detectives including Jon Burge, who is now facing federal charges for his role in several wrongful convictions. Based on the alleged confession and the testimony of a jailhouse informant, Kitchen was sentenced to death and Reeves to life. Kitchen’s death sentence would later be commuted to life.

The Center on Wrongful Convictions sought the men’s freedom based on evidence of their innocence, and presiding judge Paul Biebel ordered all charges against the men dismissed today.

“This is wonderful day I’ve been praying for this day for 20 years,” Reeves’ mother, Pollyanna Reeves, said after the hearing this morning.

Read the full story here. (Chicago Sun-Times, 07/07/09)
Meanwhile in Michigan, a judge is considering whether to allow false confession expert Richard Leo to testify at the trial of Jerome Kowalski, who says he falsely confessed to killing his brother and sister-in-law in 2008.
"Mr. Kowalski comes to believe he committed a crime and desperately searches for details ... despite the fact (of) having no memory to do so," testified Richard Leo, associate professor of law at the University of San Francisco.While police say the defendant confessed, they also acknowledge there are some discrepancies in the defendant's story and the crime scene.

Read the full story here. (Livingston Daily, 07/07/2009)
The Innocence Project urges state legislatures and individual police departments to require the recording of custodial interrogations to prevent false confessions. Not only do the recordings provide an accurate record of an interrogation for a judge and jury, they also serve as investigative and training tools for law enforcement officers. Read more here.




Tags: False Confessions, False Confessions

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Friday Roundup: Freed, and Still Fighting

Posted: July 10, 2009 6:05 pm

There’s freedom in the air this week after Independence Day. Two men – an uncle and nephew – were granted a new trial in Michigan today, and two others were freed Tuesday in Chicago after two decades in prison. Even after exoneration, however, some former prisoners find a hard road. Here’s a roundup of news from the week:

DeShawn Reed and his uncle Marvin Reed were granted a new trial in Michigan today, more than eight years after they were convicted of a shooting they say they didn’t commit. The case was the first legal victory for the new Innocence Clinic at the University of Michigan Law School.

Ronald Kitchen and Marvin Reeves were freed in Chicago after two decades in prison when the state Attorney General’s office opted not to press charges. Kitchen says he confessed to murders he didn’t commit after detectives beat him.

Meanwhile, Missouri became the 16th state to mandate recording of interrogations by law enforcement agencies. We reported on the Kitchen/Reeves case and advances in recording of interrogations here. More on Kitchen and Reeves from the Chicago Tribune is here.

But even after earning freedom, some exonerees find little support in the outside world. Arthur Whitfield was exonerated in 2004 in Virginia, but told a Virginian-Pilot reporter this week: "I understand that life isn't easy, but I thought it would be a little bit better than what it is."

A New York City detective wrote in a New York Times blog Q & A that detectives need to be aware of the possibility of a false confession when conducting an interrogation.

Author John Grisham, a member of the Innocence Project Board of Directors, announced this week he’s working on a screenplay about the Norfolk Four case, and documentarian Ken Burns is making a film about the Central Park jogger case, in which five teenagers spent years in prison for a rape they didn’t commit.

The Innocence Project of Florida and local attorneys continued to call for an investigation of dog scent cases in Florida.

California Innocence Project Director Justin Brooks discussed a recent case on a new podcast.





Tags: False Confessions

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Judge Bars False Confession Experts

Posted: July 27, 2009 6:24 pm

A Michigan judge ruled today that two false confession experts couldn’t testify at the trial of a man accused of killing two people.

Jerome Kowalski is charged with shooting his brother and sister-in-law  in 2008, and police videotaped him admitting guilt at the end of an interrogation. Kowalski’s attorney is seeking to present evidence regarding false confessions and the possibility that Kowalski gave a false confession under duress. At a pre-trial hearing the judge heard testimony from University of San Francisco law professor Richard Leo, a false confession expert, and psychologist Jeffrey Wendt.

District Court Judge Theresa Brennan called the testimony of two expert witnesses -- a California law professor and a clinical psychiatrist -- "unreliable and irrelevant."

Defense attorney Walter Piszczatowski said he plans to appeal the ruling because his client's Sixth Amendment rights to present a proper defense were denied.

...Although Jerome Kowalski is videotaped as to saying, "I did it," attorneys claimed that there are some discrepancies in his statements and evidence at the crime scene.

Read the full story here. (Detroit News, 07/27/09)
About 25% of wrongful convictions overturned by DNA testing involved a false confession or admission. Read about how false confessions happen – and the reforms that can help prevent them.





Tags: False Confessions, False Confessions

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Seven Years Later, a Cause of Injustice Persists

Posted: August 27, 2009 2:15 pm

Seven years ago this week, Eddie Joe Lloyd was exonerated in Detroit. He served 17 years in prison for a murder and rape he didn’t commit before DNA testing obtained by the Innocence Project led to his release. His conviction in 1985 had rested in large part on a false confession he gave to police while in a mental hospital for treatment. Although he signed a written confession and gave a tape-recorded statement, these came after 21 hours of interrogation, which had not been recorded. It was later revealed that police fed him details during the interrogation that he could not have known otherwise. Sadly, Lloyd passed away two years after his release.

As part of a settlement in Lloyd’s case, Detroit police said they would begin electronically recording all interrogations in crimes that could carry a sentence of life. The state of Michigan, however, does not have any law requiring the recording of interrogations. (Sixteen states have a law in place requiring the recording of interrogations in at least some investigations). In 2005, Claude McCollum was convicted of a murder in Lasing based in part on a hypothetical statement he made to police that he could have committed the crime while sleepwalking. Parts of his interrogation were recorded, but McCollum says he asserted his innocence several times during the interrogations, and these statements were not on tape.

That same year, a task force formed by the Michigan State Bar Association called for the state legislature to pass a law requiring the recording of custodial interrogations. Research has shown near-unanimous consent among more than 500 jurisdictions across the country – including cities in Michigan – that recording of interrogations assists law enforcement.

Other Exoneree Anniversaries This Week:


Lonnie Erby, Missouri (Served 17 Years, Exonerated 8/25/03)

Michael Blair, Texas (Served 13.5 Years, Exonerated 8/25/08)

Barry Laughman, Pennsylvania (Served 16 Years, Exonerated 8/26/04)

Robert McClendon, Ohio (Served 17 Years, Exonerated 8/26/08)

Bruce Nelson, Pennsylvania (Served 9 Years, Exonerated 8/28/91)

Dwayne Dail, North Carola (Served 18 Years, Exonerated 8/28/07)




Tags: Eddie Joe Lloyd, False Confessions

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Indiana Court Orders Recording of Interrogations

Posted: September 16, 2009 4:26 pm

The Indiana Supreme Court yesterday issued a new rule requiring law enforcement agencies to record suspect interrogations starting in 2011. The court ruled 3-2 in favor of the change, which will only allow evidence gathered in interrogations to be entered in a courtroom if the interrogation was recorded.

The move makes Indiana the 17th state to require the recording of interrogations in at least some crimes. The court explained the reasoning for the new rule in a statement:

"The rule change is aimed at helping police, prosecutors, courts and juries in their search for truth, justice, and due process of law. A complete audio-video recording, which captures the voice, facial expressions and body language of the suspect and interrogator, can be a valuable tool for law enforcement, courts, and citizens.

"The electronic recording can provide strong evidence of guilt, confirm police gave suspects all required warnings, and ultimately lead to more guilty pleas," the statement said. "The recordings are also likely to lessen factual disputes in court and reduce the number of motions to suppress evidence."
Several cities and counties in Indiana already record interrogations, but others will have nearly two years to equip their facilities to begin recording. Indiana State Rep. Matt Pierce said the rule change is a positive step for the state’s criminal justice system.
"It gives a clear, objective record of how the interrogation went," he said. "If the police officer was out of line, you are going to see that. And you will also see when the officer did nothing wrong."

Read the full story here. (Fort Wayne Journal Gazette, 9/16/09)
The Innocence Project strongly recommends that states require electronic recording of interrogations; as the practice aids law enforcement by creating a clear record of proceedings and can prevent false confessions and admissions that lead to wrongful convictions.

Read more about the Innocence Project’s stance on recording of interrogations here
.





Tags: Indiana, False Confessions, False Confessions

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Friday Roundup: The Lessons of Wrongful Conviction

Posted: September 25, 2009 5:20 pm

The 242 wrongful convictions overturned through DNA testing in the United States to date have taught us countless lessons about how the criminal justice system is broken -- and how we can fix it. Below is this week’s roundup of news from around the country, including some exciting developments on reforms that can stop injustice before it happens.

Eyewitness identification expert Gary Wells testified yesterday in New Jersey on how the state’s guidelines could go further to prevent misidentifications. "Once the witness has view of a photo or lineup, that later description of the perpetrator may be reflections of what they picked up from the photos or live lineups," rather than what they remember, Wells said. More from the Philadelphia Inquirer.

We reported last week on the Indiana Supreme Court’s order requiring recording of interrogations. Indianapolis Star columnist Jon Murray followed up this week, finding that the new rule is more thorough than many on the books across the country.

The Virginia Supreme Court granted a writ of actual innocence this week in the case of Thomas Haynesworth, who has been cleared by DNA testing of a 1984 rape. He was also convicted of two similar crimes, however, which he says he didn’t commit. Biological evidence may not exist in those cases, and the Innocence Project is working with partners at the Mid-Atlantic Innocence Project and a law firm to ensure the other two cases are fully investigated.

Offers of help and support are pouring in for Anthony Caravella, a Florida man who was freed from prison last week after 25 years for a crime he says he didn’t commit. DNA testing now points to another individual in that case and prosecutors are investigating.

Attorneys at the Association in Defence of the Wrongfully Convicted in Canada have filed a bail request on behalf of Stanley Ostrowski, saying new evidence proves he was convicted more than 20 years ago of a Manitoba murder he didn’t commit.

Barney Brown marked his first year of freedom this week after 38 years behind bars for a murder he has always maintained he didn’t commit. He will speak October 8 in Chicago at the launch of the Center on Wrongful Convictions of Youth at Northwestern University School of Law.

Last but not least, the California Innocence Project at California Western School of Law is celebrating its 10th anniversary.





Tags: False Confessions

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Ten Great Moments of the Decade

Posted: December 30, 2009 11:00 am



It goes without saying that DNA testing and the issues surrounding wrongful convictions have left their mark on the criminal justice system in the last ten years. When the decade began, DNA testing had been used in American courtrooms for more than 11 years, but exonerations were still fairly rare.

In the last ten years, 182 people have been exonerated through DNA testing and states have passed dozens of laws addressing the causes of wrongful convictions. Yet there is plenty of work to do — countless innocent people remain behind bars as we pass into 2010 and the threat of wrongful convictions in today’s courtrooms is still very real.

As we look forward to freeing more innocent people than ever in the decade ahead and enacting major reforms to prevent wrongful convictions, here is a list (in chronological order) of 10 seminal moments from the 2000s.

"Actual Innocence” is published (2000)— Written by Innocence Project Co-Directors Barry Scheck and Peter Neufeld, with Jim Dwyer,  this groundbreaking book examines the emergence of DNA testing and the causes of wrongful conviction it unveiled. During the decade, it became a blueprint for overturning wrongful convictions and reforming the criminal justice system.

Larry Mayes becomes the 100th Exoneree (2001) — Mayes spent 21 years in Indiana prisons before DNA testing obtained by the Innocence Project and the Innocence Project at the Indiana University School of Law proved his innocence and led to his release.

Illinois clears death row (2003) — Pointing clearly to the frightening rate of exonerations in his state (since 1977, 13 death row prisoners had been cleared while 12 had been executed), Gov. George Ryan granted blanket clemency to all 167 people on death row on January 10, 2003.

Congress passes the Justice for All Act (2004) — The JFAA is the most significant legislation to ever address wrongful convictions in the United States. It provides an avenue for federal prisoners to seek DNA testing and funds incentives for states to offer similar testing and to improve DNA testing capacity. It also provides compensation for federal exonerees.

 “After Innocence” premieres (2005) — An award-winning documentary chronicling the lives of seven men released from prison after serving years for crimes they didn’t commit, After Innocence brought  the issue of wrongful convictions to America’s movie theaters and living rooms. Watch a trailer here.

“The Innocent Man” published (2006) — John Grisham’s first non-fiction book tells the heartbreaking story of a murder in Oklahoma and an unimaginable injustice suffered by two innocent men. The book reached best-seller status around the world and a film version is in development. Following the book’s publication, John Grisham joined the Innocence Project’s board of directors. Several other excellent books also chronicled wrongful conviction cases during the decade, check back tomorrow for the decade's must read list.

Jerry Miller becomes the 200th Exoneree (2007) — It took 12 years to exonerate the first 100 people through DNA testing. It was just seven years later that Innocence Project client Jerry Miller became the 200th person exonerated through DNA. He served 25 years in Illinois prisons before he was cleared.

Dennis Fritz and Peggy Carter Sanders Dance on Stage (2008) — the history of criminal justice in the United States is filled with poignant moments of injustice overturned, from tear-filled homecomings to stirring speeches and courtroom victories. One of the most memorable is the moment Dennis Fritz, who was exonerated after 11 years in prison for an Oklahoma murder he didn’t commit, unexpectedly danced onstage with the mother of the murder victim at a New York event. Watch this touching moment on video here.

50th Member Joins the Innocence Network (2008) — the Innocence Network is an international affiliation of groups working to overturn wrongful convictions. As the field has broadened over the last 10 years, more organizations have been created to meet the growing need for pro bono legal services and advocacy. In 2008, the Innocence Network reached a membership of 50 organizations, today there are 54.

National Academy of Sciences releases forensic report (2009) — Faulty forensic evidence played a role in more than half of the wrongful convictions later overturned through DNA testing. Many forensic techniques used in courtrooms today have never been subjected to rigorous scientific evaluation. In 2009, the National Academy of Sciences released a landmark report calling for the U.S. federal government to create a federal entity to oversee and support the forensic disciplines. Learn more here.

Photo: Innocence Project client Luis Diaz was exonerated in Florida in 2005 after 25 years in prison for a series of crimes he didn't commit. Courtesy South Florida Sun Sentinel.



Tags: Innocence Commissions, Exoneree Compensation, False Confessions, Eyewitness Identification, Forensic Oversight, Evidence Preservation, Access to DNA Testing, False Confessions, Unvalidated/Improper Forensics, Informants/Snitches, Bad Lawyering, Government Misconduct, Eyewitness Misidentification

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How to Stop False Confessions

Posted: January 7, 2010 9:45 am

A new article in the journal Law and Human Behavior by John Jay College Professor Saul Kassin and several other false confession experts examines the causes of false confessions and calls for law enforcement agencies videotape all interrogations to prevent injustice.

False confessions were a factor in about one-quarter of all wrongful convictions overturned to date through DNA testing. The contributing factors discussed in the new article are found in many DNA exoneration cases, including juvenile or mentally challenged suspects, intoxicated suspects, long periods of interrogation and infliction of harm by interrogators.

Kassin and the paper's other authors reach a clear conclusion: recording interrogations prevents false confessions. Empirical studies have shown that recording reduces the chance for false confessions. More than 500 jurisdictions across the country already record interrogations, and they have found that the practice also creates a valuable record for police and prosecutors to use at trial. The paper also calls for reforms to interrogation methods in tandem with the introduction of recording.

Download the full paper here.

Gideon, blogging at a public defender, delves deep into the article and offers tips for public defenders dealing with confession cases. Read his post here.

Read about the Innocence Project's recommendations on recording of interrogations.

Watch a video of Texas exoneree Chris Ochoa describing his false confession and eventual exoneration.





Tags: False Confessions, False Confessions

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Chicago Man Freed After 23 Years

Posted: January 14, 2010 5:16 am

Michael Tillman was freed today in Chicago after serving more than 23 years in prison for a murder he has always maintained he didn’t commit. He was convicted in 1986 of killing a 42-year-old woman in Chicago based mainly on a confession that he says was false and given to stop torture by officers working under the supervision of former Chicago Police Department Commander Jon Burge. Even when another man was convicted of the crime based on physical evidence in 1991, Tillman's conviction was upheld based on the confession.

Prosecutors joined with Tillman’s attorney in asking a judge to overturn his conviction today, citing a “forced confession.” Tillman says police officers waterboarded him with 7-Up, punched him in the face and stomach until he vomited blood and put a plastic bag over his head to force him to admit to a crime he didn't commit. Burge,  who was a Chicago police officer from 1970 until he was suspended in 1991, is facing federal charges for his alleged role in wrongful conviction cases.

“It felt good, and I’m glad justice finally prevailed,” Tillman said after being released.
Read the full story here. (Chicago Sun-Times, 01/14/10) and watch video coverage of Tillman’s release (NBC Chicago)
False confessions have played a role in 25% of wrongful convictions later overturned through DNA testing. Recording of interrogations can prevent this injustice. Read more here.





Tags: False Confessions, False Confessions

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250 Reasons to Act

Posted: February 11, 2010 3:45 pm

It has been a week since Freddie Peacock became the 250th DNA exoneree in New York, and the news is inspiring support for reforms across the country.

The Rochester Democrat and Chronicle ran an editorial yesterday calling for reforms, and funds, to ensure that the next exoneree doesn’t have to wait 33 years for justice.

Peacock’s wrongful conviction was caused in part by an alleged false confession. In the last several years, New York has led the country in the number of wrongful convictions overturned that involved false confessions.

In an op-ed at the Empire Page, Innocence Project Policy Director Stephen Saloom called for reforms in New York to prevent wrongful convictions, especially the recording of interrogations to prevent false confessions. Saloom wrote:

While it’s encouraging that Monroe County and others are starting to record some interrogations, this shouldn’t be a piecemeal approach with a handful of counties implementing parts of a critical reform on their own. For years, bills have languished in Albany that would require interrogations to be recorded statewide. It’s time for the State Legislature and the Governor to take action. If they don’t, the state’s high court should mandate recording of interrogations.  We owe at least that much to Freddie Peacock.
In another editorial, The Los Angeles Times wrote that shows like “CSI” have fooled us into believing that DNA is tested in every case where it’s needed. That’s not true -- and in fact evidence is often lost or destroyed in cases as old as Peacock’s by the time courts order action.
Saving DNA evidence is not simply a matter of compassion for the wrongfully incarcerated. It should also be a top priority for those who want to see wrongdoers punished. Because for every Frederick Peacock who went to jail for a crime he did not commit, a perpetrator went free.
Innocence Project supporters have sent hundreds of letters to newspaper editors around the country, and the letters have begun to appear in print, helping to spread the word about the issue of wrongful convictions. A letter from Courtney Cotton ran yesterday in the Daily Nonpareil in Council Bluffs, Iowa, and a letter from Scott Tudehope ran in the Tracy (CA) Press.

Send your own letter today.





Tags: Freddie Peacock, False Confessions, False Confessions

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Ohio Enacts Historic Reforms

Posted: April 5, 2010 3:11 pm

Innocence Project Policy Advocate Rebecca Brown said the new law would set an example for other states:

“In the months and years ahead, policymakers around the country will look at what Ohio has done and understand how they, too, can create a more fair, accurate and reliable criminal justice system,” Brown said.

View today’s press release on the bill.

Read the full text of the bill
.




Tags: Ohio, False Confessions, Eyewitness Identification, Evidence Preservation, Access to DNA Testing

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Former Chicago Police Commander Convicted in Torture Case

Posted: June 29, 2010 4:40 pm

The statute of limitations on the claims of torture had already expired, but in 2008, federal prosecutors indicted Burge because he had allegedly lied about the brutal misconduct. The Chicago Tribune reports:

The torture scandal sent innocent men to prison, tarnished the reputations of the Police Department and the Cook County state's attorney's office and led to blanket commutations that emptied the state's death row as well as repeated lawsuits that drained millions in taxpayer dollars from the city.

Burge faces up to 45 years in prison under the federal criminal statutes, but his attorneys will seek probation.

Read the full story here
.

False confession has been a factor in 25% of wrongful convictions overturned through DNA testing to date, and coercion by police played a role in many of these cases. Illinois is now one of 17 states that require police departments to record interrogations, at least in some investigations. Learn more about reforms to prevent false confessions here.




Tags: False Confessions, False Confessions

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After Five Years in Jail, Illinois Man Is Freed

Posted: August 5, 2010 3:50 pm

While 258 people have been exonerated through post-conviction DNA testing, countless others have spent months or years in prison while facing charges before they are freed. In a 1995 study of 10,000 criminal cases by the by the U.S. National Institute of Justice, suspects were excluded 25 percent of the time after DNA tests came back. While wrongful convictions are avoided in these cases, the contact with the criminal justice system and time spent behind bars is incredibly damaging to the life of an innocent individual.

The Chicago Tribune recently examined the cases of Hobbs and another Illinois man, Kevin Fox, who spent eight months in jail awaiting trial for the murder of his daughter before DNA tests pointed to his innocence. Unlike Fox’s case, however, Hobbs remained in prison for four years after the results came back.

False confessions play a role in more than 25 percent of wrongful convictions overturned through DNA testing. Read more about the Innocence Project recommendations to record all custodial interrogations.




Tags: False Confessions, False Confessions, Death Penalty

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Overturning False Confessions

Posted: September 14, 2010 6:50 pm

To defense lawyers, the new research is eye opening. “In the past, if somebody confessed, that was the end,” said Peter J. Neufeld, a founder of the Innocence Project, an organization based in Manhattan. “You couldn’t imagine going forward.”

The notion that such detailed confessions might be deemed voluntary because the defendants were not beaten or coerced suggests that courts should not simply look at whether confessions are voluntary, Mr. Neufeld said. “They should look at whether they are reliable.”

Of the 40 cases Garrett studied, eight of the defendants were cleared by DNA evidence before trial, but convicted anyway. That was the case for Innocence Project client Jeff Deskovic who spent 16 years in prison for a murder he did not commit. Another Innocence Project client in Garrett’s study, Eddie Lowery, spent ten years in prison after he confessed to a rape he did not commit.

Read the full article here.

Read about false confessions here.

Read how mandatory recording of interrogations can reduce false confessions here.

Read Jeff Deskovic’s case profile.

Read Eddie Lowery’s case profile here.




Tags: False Confessions

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Man Locked Away 14 Years Without Trial

Posted: February 4, 2011 4:43 pm

Brown’s attorney, Kelley DeAngelus explained the problems of the confession to CNN. 

In the confession, Brown allegedly stated his address, even though, according to DeAngelus, he didn't know where he lived. The confession also quoted Brown as saying he awoke at 6 a.m., even though he couldn't accurately tell time.

The charges against Brown were dismissed in October 2007, and he was placed in a group home that December.
Brown currently lives with a full-time caretaker and is employed as a janitor.

Read the full story.

Watch CNN’s coverage below.












Tags: False Confessions, False Confessions

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Reforms Pending In Connecticut

Posted: June 15, 2011 5:16 pm

In addition to mandatory recording of interrogations, the Connecticut legislature also passed a bill aiming to reduce wrongful convictions by creating an Eyewitness Identification Task Force to study issues surrounding eyewitness misidentification.

Read the full article.

Read the full text of the proposed bills: Interrogations / Identification

Read more about false confessions and the benefit of recording interrogations.



Tags: Connecticut, False Confessions, Eyewitness Identification

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False Confessions Lead to Additional Evidence Flaws, New Study Shows

Posted: November 17, 2011 6:00 pm





Tags: False Confessions, False Confessions

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"Paradise Lost" Filmmaker Discusses the West Memphis Three Case

Posted: January 18, 2012 4:05 pm





Tags: False Confessions

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Innocence Project Submits Evidence of Missouri Man’s Innocence

Posted: February 17, 2012 6:00 pm





Tags: Missouri, False Confessions

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End wrongful convictions in New York

Posted: March 5, 2012 10:30 am





Tags: New York, Reforms, False Confessions, Eyewitness Identification, Eyewitness Misidentification, DNA Databases

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Wrongful convictions affect all New Yorkers

Posted: March 5, 2012 2:00 pm





Tags: Reforms, False Confessions, Eyewitness Identification, False Confessions, Eyewitness Misidentification, DNA Databases

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New York Governor Proposes Criminal Justice Reforms in State of the State Address

Posted: January 9, 2013 5:50 pm





Tags: New York, False Confessions, Eyewitness Identification, False Confessions, Eyewitness Misidentification

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New York Times Urges Gov. Cuomo to Stay the Course and Mandate Criminal Justice Reforms

Posted: January 28, 2013 5:50 pm





Tags: New York, False Confessions, Eyewitness Identification

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