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Op-Ed: New York needs to preserve evidence
Posted: June 15, 2007 11:25 am
In today’s Buffalo News, 2006 exoneree Alan Newton writes that a wrongful conviction condemned him to a cage for the prime years of his life, and that his incarceration lasted longer than it should have due to mistakes in cataloguing of evidence by the New York City Police Department.
The DNA evidence that eventually proved my innocence was initially reported as lost or damaged. For years before my exoneration last July, I asked the State of New York and the New York Police Department to produce the evidence they had collected. I requested a search for the evidence three times; each time I was told that it could not be found.Newton also writes about Buffalo exoneree Anthony Capozzi, whose evidence was found this year in a hospital drawer, leading to DNA testing that proved his innocence after he had served 20 years in prison for a crime he didn’t commit.
In 2004, the Innocence Project accepted my case and requested one final search for the evidence. Imagine my surprise when I learned that the rape kit was found in the exact spot where it was supposed to be all along. There are hundreds of others like (Anthony) Capozzi and me — people with credible claims of innocence that could be proven by DNA, but in many cases, the biological evidence will never be found. In a sense, we are the lucky ones.
Read the full article here. (Buffalo News, 06/15/07, Payment required for full article)
Issue in focus: Evidence Preservation Reforms Nationwide
Tags: New York, Anthony Capozzi, Alan Newton, Evidence Preservation
Column: Evidence preservation lacking in Houston
Posted: April 17, 2007
DNA testing has uncovered 13 wrongful convictions in Dallas and four in Houston. In today’s Houston Chronicle, columnist Lisa Falkenberg asks why this discrepancy exists, considering that Houston has “its fair share of bad lawyers, overzealous cops and mistaken eyewitnesses.”
The main answer is simple: Dallas is a pack rat, keeping evidence dating back to the 1980s in catalogued freezers of a county-run lab; Harris County is not.
…
As we saw in the (Houston Police Department) crime lab debacle, precious evidence like bloody clothing and rape kits got rained on, used up in one test or misplaced. Even the evidence sent to other labs was routinely stored in crowded, dusty warehouses, where exhibits were periodically tossed to make room for more.
In 1997, the rape kit that exonerated Kevin Byrd narrowly escaped the trash bin. But a week after his pardon, court officials ordered 50 more rape kits destroyed.
Read the full story here. (Houston Chronicle, 4/17/07)Evidence preservation helps police, prosecution and defendants obtain the truth in criminal cases at trial and on appeal. Read more about critical evidence preservation reforms nationwide.
Tags: Evidence Preservation
NY legislators call for reforms at press conference today
Posted: May 3, 2007
At 2 p.m. today in New York City, leaders in the State Legislature will join New Yorkers who have been exonerated through DNA testing and Innocence Project Co-Director Barry Scheck to announce a package of sweeping reforms to address wrongful convictions statewide. The measures proposed today include access to post-conviction DNA testing, preservation of evidence that can prove innocence, mechanisms for people to prove their innocence by using forensic databases that can identify true perpetrators of crimes, the formation of a state Innocence Commission and others.
Speakers at the conference including Alan Newton, who first requested DNA testing in 1994 and was told his evidence was lost or destroyed for 12 years before it was finally found. He was exonerated by testing on the evidence 10 months ago. Exoneree Douglas Warney will also be at the event.
For more logisitics on attending today’s press conference, email Matt Kelley at mkelley@innocenceproject.org.
Tags: Innocence Commissions, Evidence Preservation, Access to DNA Testing
NY legislators join Innocence Project in supporting sweeping reforms
Posted: May 4, 2007
Leaders in the New York legislature joined Innocence Project officials and New Yorkers who were exonerated by DNA evidence yesterday in announcing broad-based reforms to fix the state’s criminal justice system and help prevent wrongful convictions from happening.
The reforms proposed in several bills before the legislature include the creation of an innocence commission, improving requirements on evidence preservation, post-conviction DNA testing, use of forensic databases to prove innocence and compensation for people exonerated after serving time in prison for crimes they didn’t commit.
Also in attendance yesterday were Alan Newton, who served 22 years in New York prisons for a rape he didn’t commit, and Douglas Warney, who served nine years after falsely confessing to a murder.
Read the Innocence Project’s press release on the reform package.
Read coverage of yesterday’s announcements in the New York Times and Newsday.
Learn more about reforms underway nationwide in our “Fix the System” section.
Tags: Innocence Commissions, Exoneree Compensation, Evidence Preservation, Access to DNA Testing, False Confessions
NY Post: NYPD has serious evidence problems
Posted: May 14, 2007
An article in Sunday's New York Post chronicled serious missteps by the New York Police Department in evidence collection and storage that have caused countless cases to remain unsolved and have also led to wrongful convictions. This issue was highlighted by the exoneration last year of New Yorker Alan Newton, who was told evidence in his case was lost for a decade before police found it. Most evidence collected by New York police is currently stored in 55-gallon barrels at a Queens warehouse and signed in and out by hand in log books.
The NYPD says it is working to address the problem by January 2008. The department is currently accepting proposals for a computerized system to track evidence.
"Hundreds of cases are in serious jeopardy because evidence has been misplaced, mishandled," one detective said. "Right now, off the top of my head, I can think of 12 rape cases where evidence cannot be found to send to independent labs."Last week, the Innocence Project and leading New York legislators announced proposals for sweeping changes to the way evidence is preserved in New York state, among other important reforms. Read more here.
…
"Anything that brings this system into this century is welcome," (another detective) said.
Read the full story here. (New York Post, 5/13/07)
Read more about evidence preservation reforms nationwide.
Tags: New York, Alan Newton, Evidence Preservation
Exoneree Doug Warney calls for end to New York death penalty
Posted: May 29, 2007
Doug Warney, who was exonerated in 2006 after serving nine years for a murder he didn’t commit, published a column in the Rochester Democrat & Chronicle last week calling for state lawmakers to abolish the death penalty for good.
In early 1996, I became the first person charged capitally under New York's new death penalty statute. The district attorney at the time said I was a monster who deserved to die. Fortunately, the grand jury indicted me only for second-degree murder. Otherwise, I could have easily received the death penalty. I was sentenced to only 25 years to life for a murder I had nothing to do with. In some ways, I was lucky.Read more about Warney’s case.
Read the full column here. (Rochester Democrat & Chronicle, 05/22/07)
Tags: Douglas Warney, Eyewitness Identification, Evidence Preservation, False Confessions
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
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 Innocence Project’s press release here.
Read the full story here. (Elmira Star-Gazette, 5/31/07)
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
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
Op-Ed: Scheck and Neufeld call for NY to enact real reforms
Posted: June 18, 2007 11:02 am
In today’s New York Daily News, Innocence Project Co-Directors Barry Scheck and Peter Neufeld write that recent DNA exonerations have demonstrated the urgent need for criminal justice reforms in New York state, including improved access to DNA testing and improved procedures for the preservation of evidence.
Nobody benefits from a wrongful conviction. Not the victim, police, prosecutor, judge, jury, nor the public at large. Well, maybe one person benefits: the real perpetrator, who can relax knowing an innocent person took the rap.
There have been nine DNA exonerations in New York State since 2006, putting our total at 23. And given that it's harder to find preserved evidence in New York than in most states, and that DNA can prove innocence in so few crimes, the situation is likely far worse than those numbers indicate.
Read the full article. (New York Daily News, 06/18/07)
- Issue in focus: Evidence Preservation
- Press release: NY Assembly reforms will address and prevent wrongful convictions
- View a list of the 23 people exonerated by DNA testing in New York
Tags: New York, Evidence Preservation, Access to DNA Testing
Trashing the truth: Denver Post examines evidence preservation
Posted: July 23, 2007 1:49 pm
In a major four-part series this week in the Denver Post, reporters investigate the state of evidence preservation nationwide and the ramifications of the sometimes-illegal, sometimes-accidental destruction of thousands of biological samples in cases where DNA testing could prove innocence or confirm guilt.
Today’s article, the second of four parts, follows a trail of destroyed evidence and inconsistent policies around the United States and considers needed reforms.
Authorities across the country have lost, mishandled or destroyed tens of thousands of DNA samples since genetic fingerprinting revolutionized crime solving 20 years ago.Read more about evidence preservation in our Fix the System section.
Evidence from cold cases goes misplaced across Colorado.
Delicate traces of human biology sit stuffed into pizza and fried-chicken boxes in rat-infested New Orleans evidence vaults.
And specimens are dumped by the truckload in Los Angeles, Houston and New York - sometimes soon after high-profile exonerations.In a country whose prime-time TV lineup glorifies DNA forensics, many real-life evidence vaults are underfunded and mismanaged, struggling to keep up with technological advances and lagging behind most corner groceries in the way they track valuable crime-scene items.
Read the full articles, watch video clips and more, at DenverPost.com. (7/23/07)
The Denver Post also reported last week on the case of Timothy Masters, who was convicted in 1999 of a murder he says he didn’t commit. Read more in our previous blog post.
Tags: Evidence Preservation
Denver lawmakers push to preserve evidence
Posted: July 26, 2007 5:13 pm
At the close of a major news series on evidence preservation in the Denver Post, Colorado legislators called today for law enforcement agencies to halt the destruction of crime scene materials collected in felony cases while new laws are being considered.
"We've got to make sure we've got the right people in prison and that victims can get justice," said state Rep. Cheri Jahn, D-Wheat Ridge, who is crafting a bill to preserve DNA and other forensic samples in murders and rapes for decades and provide penalties for trashing it.
Added state Sen. Ken Gordon, D-Denver: "We just can't tolerate negligence in this area."This week’s investigative series covered cold cases, closed cases and exonerations nationwide in considering how evidence preservation laws differ state by state and examining reform policies that can ensure fair justice for all Americans. Read the stories, watch videos and read feedback here.
Read today’s story here. (Denver Post, 07/26/2007)
Read more about evidence preservation in our Fix the System section.
Tags: Colorado, Evidence Preservation
Maryland court says prosecutors must widen search for evidence
Posted: August 17, 2007 12:28 pm
In a unanimous ruling this month, Maryland’s Court of Appeals said prosecutors must conduct a thorough search for evidence before telling a defendant on appeal that they can’t find it.
The ruling came in the case of Douglas Scott Arey, who was convicted 33 years ago of killing his ex-boss. After Maryland passed a statute in 2001 allowing inmates to seek DNA testing on appeal, Arey filed a motion, only to be told his evidence could not be found in the Baltimore Police Department’s evidence storage unit. Arey’s attorneys appealed this decision, saying police and prosecutors hadn’t searched enough.The appeals court agreed with Arey.
"Because the State was the custodian of the evidence, the State needs to check any place the evidence could reasonably be found, unless there is a written record that the evidence had been destroyed in accordance with then existing protocol," Judge Irma S. Raker wrote on behalf of the court.The state will now be required to regularly check police departments, prosecutor’s offices, hospitals and labs, the court said. Both defense attorneys and prosecutors said the ruling was reasonable. Maryland is one of 42 states with a statute allowing defendants to seek DNA testing on post-conviction appeal, but standards vary widely across the country in the requirements on prosecutors to search for evidence. Now, in Maryland, the standard is clear.
"Sometimes in an older case, evidence does get moved," said Gary Bair, a criminal defense attorney and former head of criminal appeals for the state attorney general. "Because the defendant really has no control over that, it seems like the court is acknowledging that. It puts the initial burden on the prosecution for at least five or six steps."The Baltimore City State's Attorney's Office will follow the court's ruling, said Margaret T. Burns, a spokeswoman for the office. Sharon R. Holback, appointed in June to direct the forensic sciences investigations unit, will head the search.More coverage – Baltimore Sun: Detailed evidence search is called for (8/2/07)
"It's certainly reasonable and understandable, given the new technology," said Burns. "If there's a need for additional staff, we are confident we can meet those challenges due to this new ruling."
Read the full story here. (Baltimore Daily Record, 8/2/07)
Complete text of the court’s opinion. Read about the case of Alan Newton in New York, who was told for ten years that his evidence could not be located until it was finally found – in the exact location it should have been all along.
Tags: Alan Newton, Evidence Preservation
Hearing Thursday on lost evidence in death row case
Posted: August 21, 2007 4:51 pm
Prosecutors in a Kentucky death row case have said they are not able to find crucial evidence that was alleged to place the defendant, Brian Keith Moore, at the crime scene. Moore has said that he was framed by the actual perpetrator and has been granted access to DNA testing in order to determine whether clothing found at the scene belong to the alternate suspect – who has since died.
In legal papers filed in 2006, prosecutors said pants and shoes from the crime scene were available for testing. But now, they say they can’t find the evidence – and defense attorneys are asking a judge to overturn Moore’s death sentence. A hearing in the matter is scheduled for Thursday. Although the Innocence Project is not involved in the Moore case, Staff Attorney Vanessa Potkin discusses evidence preservation in an article in today’s Lexington Herald-Leader:
Old evidence was found after multiple searches in recent cases in Virginia, New Jersey and New York, Potkin said. In the New York case, Alan Newton waited 11 years for a rape kit to be located and was released in 2006 after serving 21 years of a 40-year sentence.A major Denver Post investigation last month revealed shoddy evidence preservation standards in police departments and prosecutor’s offices around the country, and a Maryland court ruled last week that prosecutors must search more widely for evidence before reporting it missing.
Maryland's highest court last week ordered prosecutors to keep searching for evidence that could be tested in a 33-year-old murder.
"Evidence just doesn't disappear," Potkin said. "You really need to be diligent. In this case, the significance could be life or death."
Read the full story here. (Lexington Herald-Leader, 08/21/07)
Read more about evidence preservation in our Fix the System section.
Tags: Kentucky, Evidence Preservation, Death Penalty
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.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.
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)
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
Colorado Governor creates evidence preservation task force
Posted: September 14, 2007 1:21 pm
Colorado Gov. Bill Ritter this week announced the creation of a 21-member task force to examine how state law enforcement officials collect and preserve evidence and to make recommendations on potential policy reforms. A four-day Denver Post series in July investigated cases nationwide in which evidence had been lost or mishandled, and an editorial in yesterday’s Denver Post calls on the new task force to create strong state standards for evidence preservation.
Colorado does not have a comprehensive set of rules governing evidence preservation. Each police department and sheriff's office has been left to set up its own guidelines for preserving evidence in criminal cases.The panel the governor has named includes a variety of professionals who have an in-depth understanding of the criminal prosecution and legislative processes. They include current and former defense attorneys and prosecutors, lawmakers, a former judge and various law enforcement and public safety officials.Does your state have a statewide evidence preservation law? View our map to find out.
It's a strong group, and we look forward to seeing the solutions they craft.
Read the full editorial here. (09/13/2007)
Tags: Evidence Preservation
Video: Innocence Project Policy Director calls for evidence preservation and quicker testing
Posted: October 2, 2007 4:27 pm
Innocence Project Policy Director Stephen Saloom discussed evidence preservation and DNA databases at a Johns Hopkins University panel discussion yesterday on DNA and law enforcement. Watch the video here.
Tags: Evidence Preservation, DNA Databases
Federal money for DNA testing goes unspent
Posted: October 11, 2007 12:28 pm
Although Congress set aside $8 million in 2006 to be spent on DNA testing in cases in which it could overturn a wrongful conviction, not a penny has been spent, according to a report today in USA Today. The funding can be provided to states that certify that biological evidence is being preserved for future testing statewide. Only three states have applied for the funds, and at least one – Arizona – has been rejected.
"DNA evidence is such a powerful tool in proving guilt or innocence that it's inexcusable not to use it," says Sen. Patrick Leahy, D-Vt., the chief sponsor of a bill to provide more funding for what is known as innocence testing.View a map of states that require evidence preservation in at least some crime categories.
Read the full article here. (USA Today, 10/11/07)
Learn more about the Innocence Project’s recommendations on evidence preservation, and read a major Denver Post series on preservation issues nationwide.
Tags: Evidence Preservation
Denver police destroyed biological evidence in hundreds of cases
Posted: October 12, 2007 2:34 pm
The Denver Police Department disclosed in a recent grant application that it disposed of 90 percent of evidence in sexual assault cases before 1995, according to a Denver Post report today. Department officials said they were running out of storage options in the 1990s and began to routinely destroy evidence.
Scientists who specialize in genetics have called the purging of evidence after the DNA revolution disturbing.After a major series in the Denver Post this summer uncovered problems with evidence preservation in Colorado and nationwide, Colorado Gov. Bill Ritter created a task force to review state law enforcement practices. The commission first met in September and the next meeting is set for Oct. 17.
"By 1990 to 1993, at that point, DNA is well-known," said Alec Jeffries, the British geneticist who discovered the DNA "fingerprint" in 1984. "They would have known the real utility (of DNA)," he said, referring to most law-enforcement officials nationwide.
Even if statutes of limitations have expired on cases, the samples can still be used to aid criminal investigations into serial offenders. They also can help defense attorneys prove the innocence of their convicted clients when DNA analysis wasn't previously available.
Read the full story here. (Denver Post, 10/11/07)
Read more about the new DNA task force.
Read more about reforms to ensure evidence preservation.
Tags: Evidence Preservation
Dispatch from the field: Colorado sets an example by exploring evidence reforms
Posted: October 17, 2007 7:00 am
BY: Rebecca Brown, Innocence Project Policy Analyst
(NOTE: This is the first post in a new Innocence Blog feature called "Dispatches from the Field." These posts will bring you a personal perspective from Innocence Project attorneys, policy analysts, exonerees and others as breaking news and major events happen. Thanks for reading.)
I’m writing from Denver, Colorado, where I will be testifying later today before the state’s new Task Force on the Preservation of Evidence. I’m here to educate the panel members about the importance of preserving biological evidence for both solving criminal cases and protecting the innocent, and to help them understand how law enforcement agencies can – simply yet effectively – collect, preserve and catalogue crime scene evidence. The existence of this panel, which brings together a cross-section of state criminal justice experts, represents significant momentum to improve the quality of justice in Colorado. We at the Innocence Project are happy to be part of this reform process.
After a groundbreaking four-part series this summer in the Denver Post highlighted shortcomings in the state’s evidence preservation policies, Colorado Gov. Bill Ritter formed this task force to review state policies and make recommendations for reform. Colorado’s current preservation law fails to require the automatic retention of biological evidence, and only mandates the preservation of biological evidence when a court has granted a hearing pursuant to its post-conviction DNA testing law. The law explicitly states that there is neither “a duty to preserve biological evidence” nor liability on the part of those who fail to preserve evidence. There is no statewide inventory or catalogue system, making it extremely difficult in some cases to find evidence attached to both innocence claims and old or “cold” cases. There have been reports of evidence room purges throughout the state, including in Denver and Colorado Springs. It is time for a statewide system to be put in place, and this panel is the right way to start. In the DNA age, states have a duty to handle biological evidence with an eye to its ability to factor into criminal investigations and legal appeals in the future.
As I will tell the panel today, none of the 208 people exonerated by DNA testing would be where they are today if evidence in their cases had been lost or destroyed. Through DNA exonerations, we have seen the need for critical reforms – in areas like identification and forensic policy – and we have also seen the incredible power of this technology to solve old crimes – exonerating the innocent and identifying the guilty. Some states have been slow to adapt policies to the new technology, and far too many law enforcement departments around the country continue to operate with no formal system for cataloguing and preserving evidence. When the evidence room gets full, older items are often thrown out to make more room or lost in long-term storage. In the interest of justice, that simply can’t continue to happen
In 2004, Congress passed the Justice for All Act, recognizing the importance of preservation by offering millions of dollars in criminal justice funding to states that follow certain preservation practices. An article last week in USA Today revealed that much of this money is going unspent because states have either not applied for these funds or have been rejected due to their preservation policies. We expect to see more federal funding programs tied to proper evidence handling in the near future – giving states even more incentive to act now in updating these policies.
It is inspiring to see Colorado taking steps to improve evidence preservation and it is time for more states to follow this example. Interest from the press and the public sparked this momentum in Colorado and you can make this happen in your state. Click here to reach out to the media, elected officials or your local law enforcement agency to tell them you’re concerned about evidence preservation in your state.
The Innocence Project Policy Department is also happy to provide resources to help law enforcement agencies review and reform evidence handling practices. Please contact us at info@innocenceproject.org for more information.
Tags: Evidence Preservation
Innocence Project calls for evidence reforms in Colorado
Posted: October 18, 2007 5:31 pm
Innocence Project Policy Analyst Rebecca Brown told Colorado’s DNA task force yesterday that state evidence preservation standards are vital to ensuring fair justice in criminal cases.
Brown stressed that any new effort to reform Colorado's statute also could aim to protect cold-case evidence, alluding to recent discoveries that crucial materials have been lost in dozens of unsolved cases.In an Innocence Blog dispatch yesterday, Brown wrote that “none of the 208 people exonerated by DNA testing would be where they are today if evidence in their cases had been lost or destroyed.” Read the full post here.
"It's an incredible waste" of criminal justice resources, Brown said, to see crime-scene items lost or destroyed.
Most panel members - the vast majority appointed by Gov. Bill Ritter boast backgrounds in law enforcement - reached a consensus that uniform standards should be pursued.
Read the full story here. (Denver Post, 10/18/07)
Read more about evidence preservation here.View our map to see where your state stands on the preservation of evidence.
Tags: Evidence Preservation
Colorado task force says state should improve evidence preservation
Posted: November 29, 2007 1:38 pm
A 21-member panel formed this year by Colorado Gov. Bill Ritter has developed a set of recommendations that could lead to evidence preservation reforms in the state during the 2008 legislative session, members said this week. The group was created after a Denver Post series revealed serious problems with the way law enforcement agencies in Colorado – and nationwide – handle the storage and preservation of critical biological evidence. In the DNA age, this evidence has the power to overturn wrongful convictions and identify perpetrators.
"We all agree there ought to be a duty on the part of law enforcement to preserve DNA evidence involving the most serious crimes," said retired Denver District Judge Jeffrey Bayless.
Read the full story here.
The Innocence Project assisted in the research undertaken by the Colorado task force. Read Policy Analyst Rebecca Brown’s October blog post from Colorado.
Tags: Evidence Preservation
Editorial applauds work of Colorado evidence preservation panel
Posted: December 3, 2007 9:47 am
An editorial in Saturday’s Colorado Rocky Mountain News praises Colorado officials for taking steps toward a comprehensive policy on the preservation of evidence. The editorial comes on the heels of a preliminary report issued last week by the state’s new task force formed to consider preservation of evidence.
In September, the high-profile plight of one state prisoner - and other cases in which the mishandling of evidence has proven problematic - spurred Gov. Bill Ritter to set up a task force to examine how evidence is preserved in Colorado's criminal cases. Equally important was to establish standard procedures that cut across the various police and sheriff's departments that currently set their own rules about the handling of evidence.
Based on what we learned earlier this week, the task force appears to be on the right track.
Read the full editorial here. (Rocky Mountain News, 12/1/07)
Tags: Colorado, Evidence Preservation
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.View Vermont’s legislation and find your state’s criminal justice reform stance on our interactive map.
Read the full op-ed here. (Rutland Herald, 12/19/2007)
Tags: Vermont, Dennis Maher, False Confessions, Eyewitness Identification, Evidence Preservation
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
Prosecutors likely to drop charges in Tim Masters case
Posted: January 25, 2008 4:31 pm
The Denver Post reported today that Colorado prosecutors are planning to drop murder charges against Tim Masters, who was released on Tuesday due to DNA evidence of his innocence. Masters was convicted in 1989 of a murder 12 years earlier near his teenage home. He was 15 at the time of the murder and was questioned vigorously by detectives but not charged at the time. He would be charged and convicted a dozen years later partly based on his violent high school drawings.
The news follows a week of "round-the-clock" meetings between the DA and law-enforcement officials, including Adams County special prosecutor Don Quick, in which Abrahamson and his advisers have determined that not enough viable evidence exists to prove Masters killed Peggy Hettrick in 1987.View the Post’s multimedia special feature on Masters’ case, including footage of his interrogation when he was 15 years old.
The DA also is considering whether to ask state Attorney General John Suthers to take over directing the criminal investigation to find Hettrick's killer, a process that has delayed an announcement.
Read the full story here. (Denver Post, 01/25/08)
The Innocence Project has worked with Colorado officials during recent months on legislation aimed at improving evidence preservation in the state. If evidence from the crime scene in Masters’ case was not preserved, he would still be in prison today, and in dozens of other Colorado cases, potentially exculpatory evidence has already been destroyed. Several Colorado lawmakers have announced plans to introduce preservation legislation this year.
Tags: Colorado, Evidence Preservation, Timothy Masters
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
Mississippi legislators pass DNA testing bill
Posted: February 28, 2008 4:10 pm
The Mississippi House of Representatives passed two bills this week providing DNA testing access to small groups of people convicted of – and charged with – murder. The bills would provide access to post-conviction DNA testing for people on death row, and would provide DNA testing access to people facing capital murder charges.
Mississippi is one of eight states in the U.S. with no state law allowing access to DNA testing. But the Innocence Project recommends that states allow testing in all cases in which DNA testing could change the conviction – not only death-penalty cases.
Earlier this month, the Mississippi Senate passed a bill addressing preservation of evidence in cases so that DNA testing can be done to determine guilt or innocence. That bill now moves to the House for consideration.
Read more about the bills here. (The Commercial Dispatch, 02/28/08)
The bills, which will now go to the Mississippi Senate, come in the wake of the Feb. 15 exoneration of Kennedy Brewer and the release of Levon Brooks, both of whom spent 15 years behind bars for crimes they didn’t commit. Read more about their cases here.
Tags: Mississippi, Kennedy Brewer, Evidence Preservation, Access to DNA Testing
Colorado lawmakers support new trials after evidence is lost
Posted: March 14, 2008 3:01 pm
A new bill in the Colorado state legislature would grant a new trial to inmates whose evidence is destroyed despite a court order to preserve it. Clarence Moses-El has been in prison for two decades for a 1987 Denver rape he says he didn’t commit. In 1995, a court ordered DNA testing in his case, but before any testing took place the Denver police destroyed the evidence – which consisted of clothing and swabbings from the victim.
The bill was introduced Wednesday and has been signed by 82 of 100 lawmakers, making it appear likely that it will be approved.
"You don't throw away people's lives accidentally," said Sen. John Morse, D-Fountain, a former police chief who signed on as a sponsor of the measure. "Clearly, some in the criminal-justice system will say he (Moses-EL) had his day in court, but we don't know whether we found the truth. I believe you must have truth to win justice."
Said State Rep. Cheri Jahn, D-Wheat Ridge: "When there is a wrong, there needs to be a right."
Senate Majority Leader Ken Gordon authored the bill after weeks of researching the case. No physical evidence tied Moses-EL to the crime, but the victim, who testified that she saw the rapist's face twice and heard his voice as he attacked her, awoke in the hospital and said she realized while dreaming that the rapist was her neighbor, Moses-EL. She later identified him in court.
… State Rep. Steve King, R-Delta, another primary sponsor and a veteran police investigator, said: "DNA is a new-age tool for justice. We need to move toward giving that law-enforcement tool respect."
Read the full story here. (Denver Post, 03/13/08)
Tags: Colorado, Evidence Preservation
DA says Colorado prisoner shouldn’t get a new trial despite destroyed evidence
Posted: March 18, 2008 11:50 am
Last week, Colorado lawmakers introduced a bill to grant new trials to inmates when evidence in their cases was destroyed despite court orders to preserve it. The bill has drawn broad bipartisan support, and is expected to pass. Along with the bill, one lawmaker has made the case for a new trial for a specific prisoner, Clarence Moses-El, who was convicted more than two decades ago of a Denver murder and has sought DNA testing to prove his innocence. Those tests can’t be done, however, because Denver police destroyed evidence in the case after a judge ordered them to preserve it for possible DNA testing.
Denver District Attorney Mitch Morrisey said Friday that he had received a lawmaker’s request regarding Moses-El but that he doesn’t plan to pursue a new trial in the case.
"There is absolutely no indication, based on the totality of all the evidence and the thorough review conducted by myself and numerous judicial officials, that a new trial would result in any different outcome," Morrisey said in a letter responding to Sen. Ken Gordon, D-Denver.Read Friday’s blog post about the bill in Colorado’s legislature.
Last Saturday, Gordon hand delivered a letter to Morrisey, with a request for a new trial for Moses-El or some other relief because the DNA evidence in the case was destroyed by Denver police after a judge's ordered it preserved.
Read more here. (Colorado Rocky Mountain News, 03/15/08)
Tags: Colorado, Evidence Preservation
New York police may improve evidence preservation
Posted: March 19, 2008 4:17 pm
Alan Newton spent 21 years in prison in New York after he was convicted in 1984 of a rape he didn’t commit. For 12 of those years, he was asking for DNA testing. He was initially denied access, but as early as 1997, New York Police Department officials told him they weren’t able to locate the evidence for testing. He was told repeatedly that the evidence had been lost or destroyed and was not available for DNA testing. In 2006, the Innocence Project asked for a final search, with the help of a Bronx district attorney, and it was located in the department’s evidence warehouse – in the bin where it should have been all along.
Now, the NYPD is seeking $25 million in funding to build a computerized system to track evidence. A similar effort was derailed in the late 1990s, but the Innocence Project and other advocates of criminal justice reform have insisted that the new system is badly needed to prevent wrongful convictions and facilitate post-conviction DNA testing when an innocent inmate challenges his or her conviction. It is critical that any new system track evidence retroactively, so that old evidence currently in the NYPD’s possession can be located.
Read the full article here. (New York Daily News, 03/19/08)
Read about the Innocence Project’s efforts to improve evidence preservation nationwide.
Tags: New York, Evidence Preservation
Roundup: Lawmakers in South Carolina and Colorado consider DNA reforms
Posted: March 20, 2008 2:28 pm
Lawmakers in Colorado and South Carolina yesterday heard testimony from the Innocence Project on bills to address and prevent wrongful convictions. In Colorado, Innocence Project Policy Analyst Rebecca Brown told legislators that the state’s proposed evidence preservation bill doesn’t go far enough to protect the innocent.
And Tim Masters, who was recently freed after serving 10 years for murder when evidence of his innocence surfaced, said that these laws affect people like him who are still behind bars for crimes they didn’t commit.
"If this bill is to serve as a standard for evidence-preservation practices, it will devastate innocence claims," testified Rebecca Brown, policy analyst for the Innocence Project, which has helped free 214 wrongfully convicted prisoners. "We're incredibly concerned that there will be no protections for the innocent."
…Tim Masters, recently freed by DNA testing, described how Larimer County prosecutors in his case opposed preservation of the evidence early in his appeal proceedings.In South Carolina, Innocence Project Co-Director Barry Scheck told lawmakers yesterday that access to DNA testing is a vital right for prisoners. The bill, which would make South Carolina the 44th state to offer DNA access to prisoners, received preliminary approval and will head to the Senate Judiciary Committee. Read more here.
"I'd still be locked up" if the evidence had been tossed, Masters said, holding a copy of the district attorney's court motion citing current state law providing no duty to preserve the DNA.
Read the full story here. (Denver Post, 03/20/08)
Today in Connecticut, Innocence Project Policy Director Stephen Saloom will testify on a bill to reform eyewitness identification procedures.
Tags: South Carolina, Colorado, Evidence Preservation, Access to DNA Testing
Debate continues on Colorado evidence preservation bill
Posted: March 24, 2008 11:09 am
For several months, lawmakers in Colorado have been developing reforms to require the preservation of evidence in criminal cases. Saving evidence can resolve claims of innocence and help law enforcement solve “cold” cases. But at a hearing last week in the Colorado Legislature, advocates and policymakers discovered that language was inserted into proposed legislation that would only require evidence to preserved in future cases – not in any past cases, where the evidence could be used to confirm guilt or prove innocence. This would be the only evidence preservation law in the country to exclude the cases of current prisoners.
The wording, first inserted in a February draft of the legislation, went unnoticed by lawmakers until a House judiciary hearing last week.
Rebecca Brown, policy analyst with the New York-based Innocence Project, was first to express dismay that a bill she had been involved in drafting would no longer cover evidence in old cases — particularly those convicted before the advent of DNA analysis — and that it would fail to prevent authorities from destroying old evidence.
"No other state in the country that requires evidence to be preserved explicitly limits their coverage to future cases," Brown said Friday.
Most lawmakers backing the bill agree that it should be amended to remove the no-retroactivity clause, saying it clashes with the spirit of a governor's task force that recommended overhauling current state law providing no duty to preserve evidence.
"Everybody I've talked to absolutely does not want to preclude or wipe out any ability for current prisoners to have their evidence saved," said bill sponsor state. Rep. Cheri Jahn, D-Wheat Ridge. She and other lawmakers acknowledged overlooking the passage on the eighth page of the proposal.
Read the full story here. (Denver Post, 03/22/08)
Tags: Colorado, Evidence Preservation
Colorado governor signs evidence preservation law
Posted: May 15, 2008 2:55 pm
Yesterday in Denver, Colorado Gov. Bill Ritter signed a new law requiring law enforcement agencies in the state preserve evidence from crime scenes. The law calls for automatic preservation of evidence in serious crimes, and says agencies must retain the evidence for the lifetime of any person convicted of the crime.
"This law is a major step forward for justice in Colorado," said Rebecca Brown, a policy analyst with the Innocence Project, which lobbied for the bill. "This evidence can provide clear answers to lingering questions about innocence or guilt."
Read the full story here. (Fort Collins Colorado, 05/15/08)Read more about evidence preservation issues nationwide, and find out where your state stands on the issue.
Tags: Evidence Preservation
Charles Grodin: Why I support the Innocence Project
Posted: May 28, 2008 10:05 am
Actor Charles Grodin writes today in the New York Daily News about reforms taking root around the United States to address and prevent wrongful convictions. He applauds Colorado for passing evidence preservation legislation last month and calls on all states and individual law enforcement agencies to improve eyewitness identification procedures.
I shudder to think how many people are sitting in our prisons who have been wrongly convicted.
I support The Innocence Project, and I think if you can, you should too.
Read Grodin’s full article here. (NY Daily News, 05/27/08)
Tags: Eyewitness Identification, Evidence Preservation, Eyewitness Misidentification
SC Column: Why we should preserve evidence
Posted: June 16, 2008 2:22 pm
A column in Friday’s Myrtle Beach Sun News asks why South Carolina doesn’t have a law on the books requiring evidence preservation in criminal cases. The hard science of DNA testing has freed 218 innocent people and solved countless cold cases. In the wake of the DNA revolution, dozens of states have moved to enact evidence preservation laws. But many, including South Carolina, have not created statewide standards for evidence preservation, and old evidence – often the only lifeline to an exoneration or to solving a case – is lost or destroyed. South Carolina lawmakers are considering a bill to require evidence preservation during this session.
Consider these numbers: the 218 DNA exonerations nationwide have been clustered in 32 states, meaning 18 states have not seen an exoneration. Of those 18, ten lack an evidence preservation law. This may not be a coincidence.
The Innocence Project has closed countless cases in which DNA testing cannot be conducted because evidence has been lost or destroyed. Improved evidence preservation is vital to building a more fair and efficient system of criminal justice in the U.S. Isaac Bailey’s column in Friday’s agrees:
Such a law has been considered this legislative session but is lost somewhere in the abyss of a House committee in Columbia. It's part of a bill that would allow DNA samples to be taken from those arrested for certain crimes and tested to prove innocence or guilt.
A lack of such a law in South Carolina is wrong on multiple levels…. Why should we be proud of a justice system which relies on a process that isn't all that just?
Read the full column here.
View our interactive maps of exonerations and reform policies.
Tags: South Carolina, Evidence Preservation
Disagreements arise in Colorado over the meaning of a new evidence law
Posted: June 30, 2008 5:45 pm
Colorado District Attorneys have begun adding language to guilty plea agreements that allow them to destroy evidence after a conviction is final, and a state lawmaker said this negates the spirit of a new state law requiring the preservation of evidence for us in future appeals.
"They're thumbing their noses at us," says state Rep. Terrance Carroll, House Judiciary chairman. "The DAs are arrogant enough to believe that they can circumvent laws they don't like and get away with it." …Of the 218 people exonerated by DNA testing to date, eleven pled guilty – usually to avoid the risk of a harsher sentence at trial. Because of cases like this, the Innocence Project recommends that all physical evidence in all criminal cases be properly maintained as long as the defendant is incarcerated, under supervision or in civil litigation. Read more about the Innocence Project’s evidence preservation reforms here.
Prosecutors immediately began adding language to plea deals requiring defendants to waive their right to preserve evidence. More than 90 percent of criminal cases end in pleas rather than trials.
Ted Tow of the Colorado District Attorneys' Council guesses most of the state's DAs are asking defendants to sign off on destruction.
"To mandate saving every piece of evidence on every conviction, regardless of its future value, is an unfunded mandate . . . that simply cannot be sustained," he says.
Tow adds that a plea deal "automatically means" a defendant is guilty, in which case prosecutors see no identification issues or need to preserve DNA.
Read the full story here. (Denver Post, 06/28/08)
Tags: Colorado, Evidence Preservation
S.C. Governor vetoed DNA testing bill because of "bitter-pill amendment"
Posted: July 18, 2008 2:00 pm
The Columbia Free Times reports that South Carolina Governor Mark Sanford was forced to veto a bill supporting access to DNA testing when some legislators tacked on a provision that he had opposed in a separate bill. Gov. Sanford supported the bill’s original language which would have established laws for evidence preservation and would allow prisoners to seek DNA testing to prove their innocence, a path to exoneration that the state does not currently provide.
“We applaud the first part of the bill because it provides those who may have been wrongly accused a chance to clear their names and we fully support the notion of due process in all cases,” Sanford wrote in a July 2 veto letter to Lt. Gov. Andre Bauer, who presides over the state Senate. “If this were the only provision of [the bill], we would have signed this legislation into law.”
But a tacked-on provision would allow police to take DNA swabs from anyone arrested of a serious crime, even before they were convicted, which has raised concerns about civil liberties. Palmetto Innocence Project president Joe McCulloch told the Free Times that the amendment is what sank the legislation.
That legislation seemed to be on the fast track to passing but was torpedoed at the 11th hour by political maneuvering, McCulloch says.
At the end of the legislative session, lawmakers lifted language from a different and controversial DNA bill, which the governor had vetoed, and added it to the original legislation.
The tacked-on language, added on the last day of the legislative session, exploded any chance of the bill he supported passing, McCulloch says.
Read the Columbia Free Times article.
Tags: South Carolina, Evidence Preservation, Access to DNA Testing
Important progress - but a long way to go - on evidence preservation
Posted: August 6, 2008 4:30 pm
A story on the front page of USA Today details efforts in 25 states to ensure that biological evidence collected from crime scenes is stored by law enforcement agencies for use in future investigations or appeals. But there are still 25 more states to go. In many of these states, there are no guidelines for evidence preservation, and critical crime scene evidence is often lost or destroyed before it can be tested on appeal or used to solve a cold case.
Defense attorneys, prosecutors, judges, police officers and the public have shown support for evidence preservation, which helps to solve cold cases and to exonerate the innocent when new technology or information becomes available.
Preserving DNA also has helped secure convictions. "We're becoming more successful in identifying perpetrators in cold cases than we were when we didn't have this technology," says Scott Storey, district attorney in Jefferson County, Colo.What’s the law in your state? Find out on our interactive map.
Larry Pozner, former head of the National Association of Criminal Defense Lawyers, says states have shown a "shocking" disinterest in keeping DNA: "Innocent inmates are going to die in prison."
Read the full story here and join an active reader discussion. (USA Today, 08/06/08)
Tags: Evidence Preservation
Evidence preservation in Alabama raises more questions about death row case
Posted: August 19, 2008 12:45 pm
After years of denying DNA testing to Thomas Arthur, who faces execution for a murder he says he didn’t commit, Alabama’s Attorney General now claims that the evidence in the case is missing. Last week the Innocence Project wrote a letter to Gov. Bob Riley calling on him to intervene with a thorough search and inventory of all the agencies that may have been in possession of the evidence at some time.
The Tuscaloosa News reports that there are individual agencies in Alabama that have procedures and protocols for preserving evidence, filling the gap left by lack of a state law and providing plenty of places to look for evidence in Arthur’s case.
Although Alabama has no criminal statute that specifically addresses the issue, Rules of Appellate Procedure authorized by the state Supreme Court require circuit clerks to keep all evidence used during a trial and an index in the court file indicating where the evidence is stored.Individual law enforcement agencies also have taken matters into their own hands.
Investigators with the Tuscaloosa County Metro Homicide Unit document any pieces of evidence they collect, and document what it is and where it was collected before handing it over to the department's evidence custodian. The custodian enters the evidence into a computer, then prints a bar code and uses it to tag the evidence. Using this system, the custodian is able to find out where a piece of evidence is stored, when it is moved and when it is turned over to the court system.The Innocence Project maintains that the state Attorney General’s office has not conducted a thorough search for evidence in Arthur’s case. In an affidavit filed several weeks ago, the Attorney General’s office said it started looking for the evidence just six months ago – even though Arthur first requested DNA testing six years ago. The Attorney General’s office made a couple of phone calls to ask agencies if they had the evidence, then deemed it “missing” based on those phone calls. Apparently, no attempt has been made to find documentation of the evidence whereabouts or to access the index described in the Tuscaloosa News’ reporting.
Read the Tuscaloosa News article.
Read more about Thomas Arthur’s case.
Does your state have a law on evidence preservation? Find out on our interactive map.
Tags: Alabama, Evidence Preservation, Access to DNA Testing, Tommy Arthur
Winston-Salem Journal calls on other states to join North Carolina in preserving evidence
Posted: August 20, 2008 5:20 pm
A Winston-Salem Journal editorial calls on other states in the country to pass laws preserving DNA evidence as North Carolina has done. Currently only 25 states and the District of Columbia have such laws. The editorial points out that lost or destroyed DNA evidence in one state can hamper another state’s efforts to get innocent people out of prison and apprehend the real criminals.
For example, say detectives in North Carolina who've re-opened a murder case in which someone has been convicted are looking for a match for DNA evidence found at the crime scene. The real killer's been in prison for an unrelated crime, but it's in a state that's lax on preserving such evidence. So his DNA isn't in the system. The killer stays free, and an innocent person stays in prison.
That's probably already happened numerous times. And it will probably happen a lot more. For example, in New York, a law that would have provided for DNA preservation died in the State Assembly in June, according to USA Today. Some states have shown a "shocking" disinterest in keeping DNA, said Larry Pozner, the former head of the National Association of Criminal Defense Lawyers. "Innocent inmates are going to die in prison," he said.The editorial does see some reason for hope in at least two states. Colorado and Arizona are both working towards legislation to preserve biological evidence.
Read the Winston-Salem Journal editorial.
Tags: Arizona, North Carolina, Colorado, Evidence Preservation
Friday roundup
Posted: September 5, 2008 3:07 pm
New projects and investigations launched this week by innocence organizations, law schools, prosecutors and attorneys general across the country show the momentum nationwide to overturn wrongful convictions and address the root causes of wrongful conviction to prevent future injustice. Here’s this week’s roundup:
Questions were raised about standards of DNA collection and preservation in Massachusetts after improper procedures were revealed in a high-profile case. Mass. is one of 25 states without a DNA preservation law.
The Mississippi Attorney General said this week that the state is underfunding DNA tests and DNA collection and a new task force is examining the state problem.
San Jose opened California’s largest crime lab, training began in Maryland before a new law expanding the state’s database took effect and cutbacks in Georgia led to furloughs for prosecutors and could cause lab closings.
The Midwest Innocence Project this week launched an investigation into a 1988 fire that killed six Kansas City firemen and led to the conviction of five people who say they’re innocent. The North Carolina Innocence Inquiry Commission, a first-of-its-kind panel dedicated to investigating cases of possible wrongful conviction, finished reviewing its first case, deciding that there wasn’t enough evidence to overturn the conviction of Henry A. Reeves. And Dallas District Attorney Craig Watkins asked county officials to allow filming in his offices in coming months for a Discovery Channel documentary.
Some of the best policy analysis and research to help improve our criminal justice system comes, of course, from our nation’s law schools – and now many of those schools have blogs. Marquette University Law School launched a new faculty law blog, and a post by Keith Sharfman finds that “blogging’s potential as a medium for serious legal discourse can no longer be doubted.”
A column on Law.com asks: “Is the future of legal scholarship in the blogosphere?”
Here at the Innocence Project, we read law school blogs everyday. Among our favorites are Crim Prof Blog and Evidence Prof Blog
New York University Law School has formed a new Center on the Administration of Criminal Law, which will seek to promote “good government practices in criminal matters.”
Tags: California, North Carolina, Georgia, Kansas, Maryland, Massachusetts, Mississippi, Texas, Innocence Commissions, Evidence Preservation, Access to DNA Testing, DNA Databases
Dispatch from Austin: The Criminal Justice Integrity Unit meets
Posted: September 29, 2008 5:40 pm
The Texas Criminal Justice Integrity Unit held meetings in Austin on Thursday and heard from witnesses on a variety of topics, including snitch testimony and evidence collection and preservation. The Integrity Unit was created earlier this year by the state’s Court of Criminal Appeals to review criminal justice practices in the state and its members include a cross-section of the criminal justice community.
Scott Henson, who writes the blog Grits for Breakfast and works as a consultant with the Innocence Project of Texas, attended the meeting and wrote about his reactions on Grits. Here’s what he found:
Pat Johnson, who's the field supervisor for DPS' state-run crime labs and a member of the Integrity Unit panel, performed an informal survey of non-DPS crime labs in Texas operated by local jurisdictions. Respondents said that less than 10% of evidence collected at crime scenes was gathered by lab personnel, with most of it being collected by cops. Austin PD is the main exception, he said, with an entirely civilian Crime Scene Investigation unit.
A majority of labs, when asked how good a job they were doing, replied that some improvements were needed.
One lab said they did not believe they were receiving all available evidence that should be examined, while a majority said "we don't know."
…
John Vasquez from the Texas Association of Property and Evidence Inventory Technicians (TAPEIT) gave an interesting presentation about evidence preservation failures and the need for greater professionalism and implementation of best practices by police department property rooms. TAPEIT has about 600 active members who work in law enforcement agencies around the state, he said. (See their rather active message boards.)
…
One of the CCA "Integrity Unit" members, Texas House Corrections Chairman Jerry Madden, posed a question to Justice Project President John Terzano regarding snitches during his presentation yesterday that inspired me to (perhaps rudely?) interject from the audience a response to his concerns. (I was attending as part of my consulting gig with the Innocence Project of Texas.)
Terzano was arguing that informants whose testimony will be compensated by money, reduced charges or more lenient sentences for other crimes they've committed should be subjected to a pre-trial reliability hearing in which a judge, outside the purview of the jury, makes an independent determination whether the informant is a reliable source.
Read the three posts on the meeting. (Grits for Breakfast, 09/26/08)
Tags: Texas, Innocence Commissions, Evidence Preservation, Informants/Snitches
Michigan DNA law in jeopardy
Posted: October 2, 2008 4:45 pm
Michigan is one of 43 states with a law allowing inmates to seek post-conviction DNA testing if there is potential to prove their innocence, but that could change if state lawmakers don’t act in the next six weeks. The state’s DNA access law is set to expire on January 1, 2009, if lawmakers don’t act by the end of the legislative session. The measure, which also requires that evidence be preserved after prisoners are convicted, passed the House of Representatives, but it is stalled in the Senate Judiciary Committee.
Marla Mitchell-Cichon, the co-director of the Cooley Law School Innocence Project in Lansing, Michigan, wrote in today’s Detroit News that it is critical that lawmakers protect justice by passing this law.Watch a video of exoneree Ken Wyniemko explaining why he believes all innocent men and women should be able to prove their innocence, as he did in 2003.
Lawmakers have an obligation to Michiganians to extend a law that promotes justice and is cost-effective. The time to act is now -- before an innocent person loses his or her chance for freedom. Justice demands it.
Read the full story here. (Detroit News, 10/2/08)
What you can do:
Innocence Project supporters in Michigan are sending emails today to members of the Senate Judiciary Committee, urging them to move the legislation to the full Senate. Do you have friends in Michigan? Tell them about the campaign here.
If you live outside of Michigan, please sign our petition for DNA access today.
Tags: Michigan, Evidence Preservation, Access to DNA Testing
New South Carolina law requires evidence preservation and access to DNA testing
Posted: October 23, 2008 4:51 pm
South Carolina this week became the 44th state in the U.S. with a law allowing convicted defendants to seek DNA testing when it has the potential to prove innocence. The State House voted 86-25 Tuesday to override a veto by Gov. Mark Sanford, and the Senate voted 36-0 to override the veto on Monday.
The bill also ensures that crime scene evidence will be preserved in most serious felony convictions until the defendant is released from custody (unless they pled guilty, in which case the evidence would only be preserved for seven years).
Sanford said he vetoed the bill because he didn’t support a provision that allows law enforcement agencies to collect DNA samples from anyone arrested for a felony. This is a provision that the Innocence Project also does not support, as we believe that collecting DNA from people who were not convicted of felonies violates personal privacy and impedes law enforcement.
Read more here. (The Greenville News, 10/22/08)
What are the DNA access and evidence preservation laws in your state? Find out on our interactive map.
Tags: South Carolina, Evidence Preservation, Access to DNA Testing
A DNA Test Approved, But Evidence is Lost
Posted: December 2, 2008 1:37 pm
Eugene Pitts has been in Arkansas prison for nearly three decades for a murder he says he didn’t commit, and a hair from the crime scene could potentially prove his guilt or innocence – if it can be found. An Arkansas judge granted Pitts the right to DNA testing under the state’s 2001 DNA access statute. But crime lab officials now say they are unable to find the hair.
Pitts became a suspect shortly after the 1979 murder of Bernard Jones, the brother of former U.S. Attorney General Joycelyn Elders, because he had allegedly made threats to Jones’ wife. Microscopic hair comparison and other unreliable forensic science was also used to convict him. A state hair examiner testified – improperly – at trial that "in my experience as a hair examiner, the only times hairs have matched as they do with defendant have been when they were from the individual." Hairs should never be said to “match” one another; they should only be said to be consistent. Soil comparison and handwriting analysis were also used to connect Pitts to the crime. Neither of these disciplines follows a set of reliable standards, so findings and testimony can vary in every trial.
Whether Pitts is innocent or guilty, this case raises the issues of evidence preservation and improper/unvalidated forensic science. The Innocence Project advocates for law enforcement agencies to retain biological evidence from crime scenes as long as the defendant is incarcerated or under state supervision. And, as raised last week in the case of Innocence Project client Steven Barnes (another soil comparison case), we also support the establishment of national standards for forensic science to minimize the risk of improper or unvalidated science leading to wrongful convictions.
Read more about the Pitts case here. (Associated Press, 12/1/08)
Tags: Arkansas, Forensic Oversight, Evidence Preservation
Alabama Man Still Pursuing Evidence for DNA Testing
Posted: January 6, 2009
The Tuscaloosa News reports that Thomas Arthur's attorneys are still pursuing DNA tests to prove his innocence in a 1982 murder in Alabama.
Arthur, who faces execution for the murder of Troy Wicker, has been on Alabama’s death row for a quarter century. Last September, the Alabama Supreme Court delayed Arthur’s execution and said the state must wait for the Jefferson County Court to rule on the DNA testing claim before it can set an execution date. Last fall, the state claimed that evidence in the case is missing – the first time the state has made such a claim, even though Arthur has been requesting DNA testing on the evidence for years. Arthur's attorneys are requesting a thorough, state-wide search for the evidence, which has not been conducted.
Although there was no DNA evidence used in the original, largely circumstantial prosecution, Arthur's attorneys are asking the state for a rape kit of the victim's wife, Judy Wicker, which was collected after the murder.
“The invaluable role of DNA testing in this case cannot be seriously disputed,” [attorney Jordan] Razza wrote. “This court should therefore direct the state to undertake a thorough search, and to the extent that it is still unable to find the rape kit, Mr. Arthur requests discovery relating to this issue.”
Attorneys at Sullivan & Cromwell represent Arthur; the Innocence Project is assisting in the case. Arthur's attorneys also want the court to listen to a confession made by inmate Bobby Ray Gilbert, who confessed to the murder of Troy Wicker. He also said he had sex with Judy Wicker on the day of the crime.
Judy Wicker initially told police that a man broke into her home, raped her and killed her husband. Police did not believe her, and she was convicted of killing her husband. Only then, in a deal for a reduced prison sentence, did she change her story and claim that Arthur committed the crime. DNA testing could show that her initial story was true, or it could show that Gilbert’s confession is accurate.
Read the full story here. (Tuscaloosa News, 1/5/09)
To see what kind of access inmates have to DNA testing in your state, visit our interactive map.
Tags: Alabama, Evidence Preservation, Access to DNA Testing, Eyewitness Misidentification, Death Penalty, Tommy Arthur
Arizona State University to Host Forensic Science Conference
Posted: January 7, 2009 4:00 pm
Some of the world's leading scholars and experts in evidence, forensic science and criminalistics will gather to discuss the future of forensic science in the criminal justice system in April. The Center for the Study of Law, Science, & Technology at the Sandra Day O’Connor College of Law at Arizona State University announced this week that it is hosting "Forensic Science for the 21st Century: The National Academy of Sciences Report and Beyond" April 3 and 4.
Organizers said the conference is being held “in light of the highly anticipated report of the U.S. National Academy of Sciences on Identifying the Needs of the Forensic Sciences Community” that is expected to be released within the next couple of months. Harry T. Edwards, Chief Judge Emeritus of the U.S. Court of Appeals for the D.C. Circuit and Co-chair of the NAS Forensic Science Committee, is scheduled to deliver the Center's annual Willard H. Pedrick Lecture, titled "Strengthening Forensic Science in the United States: A Path Forward."
The event will also feature discussions about the NAS report, an unprecedented examination of forensic science nationwide that will outline findings and recommendations for how to ensure that the criminal justice system relies on sound science.
In addition to experts from major research institutions such as the University of California, Berkeley, Harvard Law School, the University of Michigan Law School, the University of California, Irvine, the University of Virginia and ASU, among others, participants will include state and federal judges, the co-chairmen of the National Academy of Sciences Forensic Science Committee, the president of the American Association of Forensic Sciences. The directors of the FBI Crime Laboratory and the Innocence Project, and prosecutors, defense attorneys, forensic scientists, and criminalists also will be involved.Visit the conference's website for more information, including registration and scheduled events.
Tags: Arizona, Reforms, Forensic Oversight, Evidence Preservation, Access to DNA Testing
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
Friday Roundup: Fighting for Freedom
Posted: March 6, 2009 6:00 pm
News from around the country that we didn't get to on the Innocence Blog this week:
An Ohio man could be freed as early as Tuesday, nearly 25 years after being convicted of a rape DNA now proves he didn’t commit. A joint project between the Ohio Innocence Project and the Columbus Dispatch led to DNA testing in the case of Joseph R. Fears, Jr., who was convicted of an Ohio rape in 1984. A judge today called for a hearing in his case Tuesday. Stayed tuned to the Innocence Blog for developments.
Innocence Project Staff Attorney Craig Cooley argued this week in a Pennsylvania court for DNA testing in the case of client Robert Conway.
A federal judge in California said Bruce Lisker was wrongfully convicted of stabbing his mother in 1983 and should be set free or retried.The systemic failures that caused many of these wrongful convictions are still present today and continuing to cause injustice. Exonerees, organizations and lawmakers were working this week to fix the system:
The Innocence Project of Florida is seeking a new trial on behalf of Billy Joe Holton after DNA results in the case excluded him as a possible contributor of evidence at the crime scene.
And a Detroit man who has spent 36 years in prison for a murder he says he didn’t commit is seeking a new trial with the help of Proving Innocence and the Association in Defense of the Wrongly Convicted.
An editorial in Colorado called on lawmakers to protect the advances they made last year on the preservation of DNA evidence.
The Pennsylvania Innocence Project has officially opened its doors at Temple University School of Law – filling a crucial need in planning to handle wrongful conviction cases in the state.
Just 16 days after he was released from prison, Joshua Kezer told an audience at the University of Missouri about his wrongful conviction and release. He was joined by exoneree Dennis Fritz.
Recent exoneree William Dillon will speak tomorrow in Florida.
New York DNA Exoneree Steven Barnes began this week working for Oneida County Workforce Development, helping released prisoners find work and housing. He told WKTV that “to come out into the community and try to get out on the right foot sometimes...you need assistance and help."
Tags: William Dillon, Dennis Fritz, Evidence Preservation
The Dangers of Crime Lab Backlogs
Posted: April 1, 2009 3:19 pm
As states around the country struggle with budget shortfalls this year, law enforcement agencies and crime labs have felt the pinch. And when crime labs don’t get the funding they need, cold cases go unsolved and wrongful convictions become more likely.
California has at least 12,000 untested rape kits in storage facilities, including at least 1,218 from unsolved cases where the perpetrator was a stranger to the victim, according to a new report from Human Rights Watch. Testing of this evidence could clear the innocent and find true perpetrators before they have a chance to commit another crime.
A new audit in Illinois found that the state’s DNA backlog skyrocketed in recent years under Gov. Rod Blagojevich as the state used money meant for forensic testing on other law enforcement projects.
Evidence preservation can also suffer during a budget crunch. One New Jersey police department is storing crime scene evidence in unused jail cells. Vineland Police Chief Timothy Codispoti says evidence preservation is “one of the most grossly neglected areas of policing.”
As regular readers know, the National Academy of Sciences released a report in February calling for the creation of a new federal agency that would direct comprehensive research and evaluation in the forensic sciences, establish scientifically validated standards and oversee their consistent application nationwide.
Read more about forensic oversight and evidence preservation.
Tags: Forensic Oversight, Evidence Preservation
Houston crime lab implicated in another possible wrongful conviction
Posted: April 28, 2009 5:00 pm
Twenty two years after being wrongfully convicted for a rape and robbery in Texas, a Houston man may be released on bail this week on the heels of new DNA tests proving his innocence.
Gary Alvin Richard was arrested for the January 1987 attack of a 22-year-old nursing student and was convicted based largely on evidence processed by the Houston Police Department crime lab, the same lab that came under fire in 2002 after local reports raised questions about the quality of DNA testing. According to the Houston Chronicle, there are a number of problems with Richard’s case:
The victim identified him some seven months after the attack. HPD crime lab analysts came to conflicting conclusions about the evidence, but reported only the results favorable to the case. Physical evidence collected in what is known as a “rape kit” has been destroyed, a victim of poor evidence preservation practices, leaving nothing for DNA testing now.During his original trial, HPD crime lab supervisor James Bolding testified that Richard was a non-secretor, meaning that analysts would not be able to determine Richard’s blood type through his body fluids. However, while tests done last week confirmed that semen from the rape kit came from a non-secretor, it also showed that Richard is a secretor. Therefore, the semen found on the rape kit could not be his.
Read the full story here. (Houston Chronicle, 4/24/09)
While Richard’s defense claims that the blood tests prove his innocence, prosecutors aren’t as sure. The Houston District Attorney’s office concedes that Richard should be released on bail, but has said that it is too early in the reexamination process to clear Richard of all charges. Three Harris County men have already been proven innocent through DNA testing after mistakes at the HPD crime lab led to their wrongful convictions: Josiah Sutton, George Rodriguez and Ronald Taylor.
Read more about the history of the Houston crime lab scandal in previous blog posts.
Tags: Texas, George Rodriguez, Josiah Sutton, Ronald Taylor, Evidence Preservation, Access to DNA Testing
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.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.
Read the full story. (Chronicle-Telegram, 06/25/09)
“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
NY Prisoner Set for Parole in November
Posted: July 24, 2009 2:42 pm
Lebrew Jones, who has served more than two decades in prison for a New York City murder he has always said he didn’t commit, will be released on parole in November.
The state Board of Parole considered Jones’ application yesterday and announced that he would be released in November after 22 years behind bars. His conviction is under review by the Manhattan District Attorney’s Office, and evidence of innocence developed by his attorneys and an investigative news report were included in his application for parole.
The Innocence Project has consulted on the case with Jones’ pro bono attorneys at the Davis, Polk and Wardwell law firm. The case was reopened after an award-winning investigation by the Times Herald newspaper uncovered substantial evidence that Jones didn’t commit the 1987 murder for which he was given a sentence of 22 years to life.
Jones maintained his innocence before the parole board, and included in his application was a letter from Lois Hall, the mother of the victim in the case who has become convinced of Jones’ innocence.
"Oh my God, I'm so happy," said Hall, upon hearing he will be released. "The only sad part about this is he had to do 22 years — 22 years for something he never did."Attorneys are continuing to investigate Jones’ case and to seek DNA testing on biological evidence collected from the crime scene, but some of the most critical evidence has not been located.
Read the full story here. (Times Herald-Record, 07/24/09)
The Innocence Project has called in the past for improvements in evidence preservation and storage practices in New York City. Between 1996 and 2006, 50% of New Your City cases closed by the Innocence Project were closed because of lost or destroyed evidence. In 2006, evidence in Alan Newton’s case was located after being reported destroyed for eight years. The tests exonerated Newton and he was freed after 22 years in prison.
Explore the Times Herald-Records’ multimedia site focused on the Jones case.
Tags: Evidence Preservation
Missing Evidence Presents a Problem in Kentucky
Posted: November 30, 2009 3:40 pm
In 2004, Kentucky improved its evidence preservation law, requiring that law enforcement agencies save evidence from most major crimes. But an Associated Press report this weekend shows that evidence is missing in several key cases across the state and casts doubt on preservation policies in practice.
Defense attorneys say evidence has gone missing in Kentucky, resulting in problems for six capital cases and possibly hundreds of other prosecutions, including rapes and robberies.Procedures mandating proper collection, cataloguing and storage of crime scene evidence are crucial to a fair justice system -- preserving evidence doesn’t only help free the innocent, it also helps law enforcement agencies solve cold cases.
All the cases predate DNA testing, which can now be used to determine guilt.
"It's really becoming an issue," said Kentucky Innocence Project chief Ted Shouse, whose office is reviewing more than 4,000 old cases. "This is going to be a huge problem."
… "Clearly, the number of exonerations from DNA in this country should be a wake up call to preserve evidence," Shouse said.
The catch is making sure the law is followed by all parties - clerks, court reporters, law enforcement, said Rebecca Brown, a policy advocate for The Innocence Project, a New York-based national organization that seeks to free those wrongly convicted.
"There's sometimes a disconnect between what's on the books and actual practice," Brown said. "A mandate doesn't necessarily make it down to all the people charged with retaining that evidence."
Read the full story here. (Associated Press, 11/26/09)
View a map of evidence preservation policies nationwide.
Learn more about the Innocence Project’s recommended policies for evidence preservation.
Tags: Kentucky, Evidence Preservation
Oregon Man Freed After 10 Years
Posted: December 22, 2009 4:31 pm
Phillip Scott Cannon was released from an Oregon jail on Friday after prosecutors in his case said he had been convicted based on unreliable forensics and couldn’t be retried because evidence in his case had been destroyed. He had served 10 years behind bars.
Cannon, 43, was convicted of a 1998 triple murder based in part on comparative bullet lead analysis, a forensic procedure used by the FBI for three decades before it quietly ended the practice in 2005. A 2007 investigation by CBS News’ “60 Minutes” and the Washington Post revealed that thousands of convictions had been secured based on the unreliable tests.
Cannon has maintained his innocence throughout his ordeal, but prosecutors said they were dropping charges because evidence in the case wasn’t available for a retrial. A relative of one of the victims the Oregonian that the lost evidence meant justice wouldn’t be served for either the victims of Cannon.
“There’s no closure for our family,” said Thomas Osborne, the father of one of the victims. Suzan Renee Osborne was found shot in the head at a mobile home with Jason Roger Kinser and Celesta Joy Graves. “There’s no closure for his (family) either. It’s just a bad deal all around.”The case demonstrates the importance of two critical reforms supported by the Innocence Project -- oversight of forensic sciences to avoid reliance on unproved tests and the preservation of evidence.
Via A public defender
Tags: Evidence Preservation
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
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
Stress and Injustice in Overburdened Crime Labs
Posted: June 22, 2010 2:40 pm
St. Louis has set a recent example of progress in improving evidence preservation practices. Two years ago, the city hired a private firm to audit its disorganized property room and recommend changes. Now, cameras monitor every move, and the video is audited monthly. Significantly, not even the chief of police has all the codes to pass through every layer of security in the vault.
Although the auditors have analyzed and organized more than 60,000 items in the past two years, there are still over 110,000 more items to sort through, plus an additional 25,000 pieces of ballistic evidence dating to as far back as 1949. The department is encouraged by the progress, but needs another $1 million to continue. Officials say police property storage will ultimately be run by civilians rather than police officers.
Find out more about the need for crime lab oversight and the need for proper procedures on our site and at the Just Science Coalition.
Tags: Forensic Oversight, Evidence Preservation
Bars on DNA Testing Prevent Justice
Posted: December 22, 2010 3:00 pm
According to Krimsky and Simoncelli, an effective post-conviction DNA statute must: 1.) allow testing in any case where DNA testing can establish innocence, even if the person pled guilty, and 2.) require states to preserve biological evidence. When procedural bars to DNA testing are eliminated the full potential of DNA testing overturning wrongful convictions will be realized.
Read the full op-ed.
Read about access to DNA testing.
Tags: Evidence Preservation
Dupree's Wrongful Conviction is Another Reminder to Fix the System
Posted: January 18, 2011 2:46 pm
"It’s been proven that the system needs to be fixed,” Mr. Watkins declared. The former defense attorney is urging the Texas Legislature to combat a “convict at all costs” mentality by enacting a precise protocol to curb the kind of zealous identification shortcuts taken against Mr. Dupree. State lawmakers are reported to be open to the idea. The Legislature faced up to the increase in DNA exonerations two years ago when it enacted the nation’s most generous compensation law, providing $80,000 for each year of freedom unjustly lost.
Texas, with its crowded death row, has hardly been the model of criminal justice. But the lessons of the Dupree case cry out for mandating long-term storage of DNA evidence nationwide, and reform of patently unjust identification methods. “It’s a joy to be free again,” Mr. Dupree said as a dozen other exonorees observed a new Texas tradition of gathering to greet the latest person proved innocent.
Read the full editorial.
Read more on Dupree’s case.
Learn about eyewitness misidentification and evidence preservation.
Tags: Eyewitness Identification, Evidence Preservation
Without Evidence Preservation, Crimes Remain Unsolved
Posted: January 24, 2011 12:56 pm
Godfrey Agius was working on a car in his home garage when he heard noises coming from upstairs. When he went to see where they were coming from, he found an intruder who proceeded to stab him several times in the head and chest during a struggle.
Barry Scheck, co-director of the Innocence Project, who hunts old DNA to free people jailed by mistake, has called lost evidence a "big problem in New York City."
Scheck said his group asked for DNA in 46 city cases from 2004 to 2009 and found that the genetic evidence in 27 couldn't be found.
Agius checks in with police every six to eight months to see if there has been progress in the investigation. Through the years, there have been at least six detectives that worked on his brother’s case.
None of the nation’s 266 DNA exonerations would have been possible had the biological evidence not been available to test.
Read the full story.
Learn about evidence preservation.
Tags: Evidence Preservation
NYPD and Innocence Project Awarded Federal Funds to Identify Wrongful Convictions
Posted: September 25, 2012 4:15 pm
The New York City Police Department, the Office of the Chief Medical Examiner and the Innocence Project have been awarded a National Institute of Justice grant totaling $1.25 million to catalogue crime scene evidence so that those seeking to prove their innocence through DNA testing can more readily get access to evidence in their case. According to a study of cases closed by the Innocence Project from 1996 to 2006, 50% of New York City cases were closed due to lost or destroyed evidence. Nationally, the figure from the same study was 22% of cases closed.
The funds are awarded through the National Institute of Justice’s Kirk Bloodsworth’s Postconviction DNA Testing Assistance Program, which was established in 2004 by the Justice for All Act and will be distributed over two years beginning on October 1, 2012. Bloodsworth was the first American who received the death penalty to be freed by DNA evidence.
The inability to locate evidence has hampered the Innocence Project’s efforts to clear people convicted in New York City for years, reported The New York Times.
Peter Neufeld, a co-founder of the Innocence Project, said that his organization had sought evidence — typically semen samples or blood stains — from the Police Department “in a couple of dozen” old cases only to learn that the police “simply couldn’t find” the evidence in its warehouses.
Alan Newton, who was exonerated after serving 21 years for a rape and robbery he didn’t commit, had to wait 12 years before the evidence was finally found in his case. Scott Fappiano, who also served 21 years for a rape DNA proved he didn’t commit, had to endure two additional years in prison while law enforcement conducted an unsuccessful search for the evidence in his case. The evidence that cleared him was ultimately located in a private lab.
The funds received by the Innocence Project will pay for a new staff member to expedite review of approximately 800 cases of people convicted in New York City who are seeking to prove their innocence though DNA testing. The Office of Chief Medical Examiner will receive funds to cover some of the costs of the DNA testing.
Read the full article.
Read the full press release.
Read about New York City cases that were closed when evidence could not be located at NYPD’s evidence warehouse.
Tags: New York, Scott Fappiano, Alan Newton, Evidence Preservation
Hurricane Sandy Destroys Evidence
Posted: November 26, 2012 4:40 pm
“We are waiting for an inventory before we can evaluate what the impact will be,” said Jerry Schmetterer, a spokesman for the Brooklyn district attorney.
Prosecutors said that it did not appear that evidence collected in active rape cases — so-called rape kits — were stored at either of the facilities, though a definitive accounting of the contents of the facility had yet to be released.
Tags: Evidence Preservation


















