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Capozzi case brings renewed calls for a New York innocence commission

Posted: April 2, 2007

At a hearing today in Buffalo, New York, a judge vacated the sentence of Anthony Capozzi, who has served 20 years in prison for two rapes he didn’t commit. DNA test results received by attorneys in recent weeks have proven that another man – who is currently incarcerated – committed the rapes.

Read the full story. (NY Newsday, 04/02/07)

Capozzi, who is expected to be released later this week, will become the 23rd New Yorker to be exonerated by DNA evidence. His exoneration has renewed calls statewide for an innocence commission. A bill to create such a commission is currently pending before the legislature.

Read today’s Buffalo News editorial supporting the creation of an innocence commission. (Buffalo News, 04/02/07, LexisNexis subscription required)

Read the Innocence Project press release in support of a New York innocence commission.

Six states have created innocence commissions and several others are considering this vital reform. Learn more here.

 



Tags: Innocence Commissions

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Innocence Project leaders and exonerees testify before Texas Senate committee

Posted: April 10, 2007

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

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

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

Read background on Senate bill 262 and 263 and 799.

News coverage of today's hearing and press conference:

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



Tags: Innocence Commissions, Exoneree Compensation, False Confessions

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Texas Senate committee approves reform bills

Posted: April 11, 2007

The Texas Senate Committee on Criminal Justice approved bills yesterday that would significantly improve the state’s justice system. The bills, introduced by Senator Rodney Ellis (the chairman of the Innocence Project Board of Directors), would create an innocence commission, improve eyewitness identification procedures and increase compensation for the wrongly convicted.

The committee heard testimony yesterday from four men (James Giles, Brandon Moon, Chris Ochoa and James Waller) who served decades in Texas prisons for crimes they didn’t commit. Innocence Project Co-Director Barry Scheck also testified.

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

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

The bills will now go before the full senate for approval. Read the full story on the committee’s vote. (El Paso Times, 4/11/07)



Tags: Innocence Commissions, Exoneree Compensation, Eyewitness Identification

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Dallas DA aims to restore credibility with a special prosecutor for DNA appeals

Posted: April 11, 2007

New Dallas District Attorney Craig Watkins was in the courtroom Monday when evidence was presented to clear James Giles 24 years after he was wrongly convicted of a rape he didn’t commit. Watkins praised Giles yesterday for his perseverance. “If it wasn’t for him putting this fight on, I wouldn’t be here,” Watkins said Monday.

Watkins announced in February that his office would work with the Innocence Project of Texas to review more than 300 Dallas convictions for possible DNA testing. And on Tuesday he asked Dallas County commissioners to fund a special prosecutor position to review post-conviction DNA cases.

"We have an opportunity here in Dallas County to make a statement ... an opportunity to right the wrongs of the past," Mr. Watkins told commissioners.

Read the full story here. (Dallas Morning News, 04/11/07)




Tags: Innocence Commissions

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Focus on reforms as 200th exoneration nears

Posted: April 13, 2007

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

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

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

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



Tags: Innocence Commissions, False Confessions, Eyewitness Misidentification

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California Senate committee passes three reform bills

Posted: April 19, 2007

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

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

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

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

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

Read the bills now pending before the California Senate:

SB756 (eyewitness identification reforms)

SB511 (recording of interrogations)

SB609 (snitch testimony reforms)



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

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Andrew Gossett exonerated in Dallas, 200th exoneration set for Monday in Illinois

Posted: April 20, 2007

Andrew Gossett was released from Texas prison in January 2007, after DNA testing proved that he was innocent of a sexual assault for which he had served seven years. He has now been officially exonerated by the Texas Court of Criminal Appeals, the state's highest court. He is one of 13 men to be proven innocent by DNA testing in Dallas since 2001. No county in America has more DNA exonerations than Dallas.

On Monday, Texas State Senators will discuss Gossett's case and those of 27 other Texas exonerees as they consider a bill creating a Texas innocence commission. This proposed panel would review the causes of wrongful conviction and consider reforms to ensure that these injustices never happen again. Click here for more on the Texas Innocence Commission bill.

Also on Monday, the 200th DNA exoneration is expected to take place in Chicago. A hearing and press conference are scheduled for Monday morning, email us for more information on attending the exoneration. More information on the case will be posted here Monday.

Read the Innocence Project press release announcing Gossett’s exoneration.



Tags: Innocence Commissions

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Dallas District Attorney's office will add special DNA review team

Posted: April 24, 2007

New Dallas DA Craig Watkins won approval today from county commissioners for a special new group in his office that will be devoted to reviewing cases involving DNA evidence. One of the team's tasks will be to review nearly 400 convictions in which defendants claim innocence and have been denied DNA testing. The Innocence Project of Texas will be working with Watkins' office on this project. In several other jurisdictions nationwide in recent years, District Attorneys or state law enforcement leaders have created institutional structures to review a similar number of convictions to determine whether innocent people are in prison.

“What we’re doing in Dallas County is going to send a message to everybody,” Mr. Watkins said after the vote. “It’s a good day in Dallas County.”

Read the full story. (Dallas Morning News, 4/24/07)




Tags: Innocence Commissions, Access to DNA Testing

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Philadelphia Inquirer: Criminal Justice Failures

Posted: April 25, 2007

An editorial in today’s Philadelphia Inquirer calls for criminal justice reforms to address the causes of wrongful conviction.

Since the first person was exonerated by DNA evidence in 1989, such reversals are becoming more frequent. The 200 people cleared by DNA in the United States spent a combined 2,475 years in prison for crimes they didn't commit.

What if one of them were your brother, or son, or father?

There can be no doubt that there are other innocent people behind bars, including some on death row.Read the full editorial here. (Philadelphia Inquirer, 4/25/07)
 



Tags: Innocence Commissions, Exoneree Compensation, Eyewitness Identification

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North Carolina House committee approves eyewitness ID reform bill

Posted: April 27, 2007

Eyewitness misidentification has been involved in more than 75 percent of the 200 convictions later overturned by DNA evidence, and a bill pending in North Carolina's House of Representatives would lead to reforms statewide that would help prevent misidentifications from happening. The bill was approved Tuesday by a House committee and will now go to the full House. Among reforms included in the bill are blind administration - where the lineup administrator does not know which participant is the suspect - and sequential photo lineups - where photos are shown one at a time rather than all at once. Studies have shown that viewing photos all at once leads witnesses to choose the person who looks the most like the perpetrator but may not be the perpetrator.

"Some people's memories are different than others," said Rep. Paul Stam, R-Wake, one of the primary sponsors of the bill... "When people remember what other people look like, they don't remember it the same."

Read the full story here.
Eyewitness identification reforms were recommended in 2003 by North Carolina's innocence commission, a body formed to study the causes of wrongful convictions and implement policies proven to fix the system's flaws. North Carolina is one of six states with such commissions, though others are pending nationwide. The Innocence Project is advocating for the formation of these commissions nationwide as part of our month-long "200 Exonerated" campaign - launched this week to mark the milestone of the 200th DNA exoneration in the U.S. 



Tags: Innocence Commissions, Eyewitness Identification

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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

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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

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NYTimes: The DNA 200

Posted: May 21, 2007

In Sunday’s Week In Review, the New York Times examined the first 200 DNA exonerations and the patterns that have caused many more injustices nationwide. A special graphic examined “the time they lost.”

In the 200 cases, often more than one factor led to the initial convictions, the analysis showed. Three-quarters were marked by inaccurate eyewitness identification, and in two-thirds, there were mistakes or other problems with the forensic science. Fifteen percent featured testimony by informants at odds with the later evidence. There were confessions or admissions in about 25 percent of the cases. In about 4 percent, the people had pleaded guilty.

As these cases have captured the public’s attention, various states and law enforcement agencies have made reforms, including improving the standards for eyewitness identifications, recording interrogations and upgrading their forensic labs and staffs. Several states have appointed commissions to re-examine cases in which inmates were exonerated by DNA. Some states are reconsidering their death penalty statutes.
Read the full article here. (New York Times, 5/20/07)

Innocence Project Web Feature: “200 Exonerated, Too Many Wrongfully Convicted



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

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Exoneree and victim families call for Oklahoma Innocence Commission

Posted: May 21, 2007

At the state capitol in Oklahoma City on Friday, family members of exonerees and crime victims called for the state to form an Innocence Commission. The panel, which would review the causes of wrongful conviction and potential criminal justice reforms, has been proposed during the last two years but failed to pass.

Legislation to establish an exoneration review commission has scarcely been addressed by lawmakers during the past two years, said Christy Sheppard (whose cousin was killed in a 1982 murder for which Ron Williamson and Dennis Fritz were wrongfully convicted). "We didn't even get a hearing… It didn't even get out of committee.”

“This is not just about wrongful conviction. It’s about failure to convict the guilty,” Sheppard said. “I think it’s really important that we take a look at all aspects of these cases.”
Also speaking Friday were the families of death row exonerees Curtis McCarty and Greg Wilhoit.

Read media coverage of Friday’s event:

The Oklahoman: Families of wrongfully convicted ask for review

Associated Press: Oklahoman freed from prison after 16 years on death row

Associated Press Photo: Christy Sheppard and Joe McCarty speak on Friday

Read more about the cases of McCarty, Fritz and Williamson.



Tags: Innocence Commissions

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Texas Innocence Commission bill hits roadblock

Posted: May 22, 2007

A proposal that would create Texas’ first panel charged with reviewing the causes of wrongful convictions and preventing future injustice has hit a roadblock in the state House. The bill, which is sponsored by Sen. Rodney Ellis (who also chairs the Innocence Project Board of Directors), failed to pass out of a House committee last week after passing the full Senate in April.

The bill could still be resurrected by adding the language to another House bill, but the legislative session ends next week.

An editorial in today’s Dallas Morning News calls on lawmakers to address problems in the criminal justice system Texas has had more convictions overturned by DNA evidence, 28, than any other state in the U.S.

We hope Mr. Ellis finds a way to resuscitate the legislation by tacking it onto another bill. With Texas by far the most active death penalty state, our quality of justice must adhere to the most rigorous standards to be found nationwide. It's a sad chapter when lawmakers send the message that they're willing to settle for something less.

Read the full editorial here. (Dallas Morning News, 5/22/07)
Read this bill’s history on the Texas Legislature website.

 



Tags: Texas, Innocence Commissions

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Exonerees call for Texas innocence commission

Posted: September 11, 2007 3:41 pm

Nine people exonerated after serving years in prison for crimes they didn’t commit met with students at Texas Wesleyan School of Law on Saturday to tell their stories and to call for the creation of a state innocence commission. Six states currently have such panels, which work to review and recommend criminal justice reforms aimed at eliminating wrongful convictions. Among the speakers on Saturday was Anthony Robinson, who spent 10 years in Texas prison before DNA testing proved his innocence.

Since Texas has one of the nation's largest prison systems and routinely puts inmates to death, Robinson said he doesn't understand why Texas doesn't have a similar agency.

A bill to establish a Texas Innocence Commission did not pass during the last legislative session. The proposed nine-member commission would have had the authority not only to review court documents, but also to call witnesses about what went wrong with the case.

"If Texas is to remain great, we need to step up and fight the good fight," Robinson said. "This is not a set of isolated incidents. There have been a lot of bitter tears shed."

Read the full story here. (Fort Worth Star-Telegram, 09/09/07)
View a map of the six states with innocence commissions, and read more about the Innocence Project’s recommendations for the creation of these panels nationwide.

Read more about Anthony Robinson’s case.



Tags: Anthony Robinson, Innocence Commissions

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New North Carolina innocence inquiry panel gets to work

Posted: September 12, 2007 4:09 pm

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

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

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

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

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

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

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

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




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

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Editorial: Dallas study will “advance the cause of airtight justice”

Posted: October 1, 2007 12:06 pm

In January, the Dallas Police Department will launch a pilot program to study its eyewitness identification procedures, comparing the accuracy of traditional methods with techniques shown by several previous studies to reduce misidentifications. An editorial in yesterday’s Dallas Morning News praises the city's police department for taking part in this pilot program, and calls on jurisdictions throughout Texas to adopt practices shown to prevent wrongful convictions. A good next step, the newspaper writes, will be the creation of a Texas Innocence Commission, which was proposed this year in the state’s legislature but did not pass.

Dallas may well prove to have the most up-to-date photo lineup methods available, but there's no vehicle to evenly apply the lessons across the state. And there's no doubt about failures in other counties, as the Innocence Project has tallied 29 exonerations statewide.

State leaders should be weary of hearing apologies to innocent men who have spent years in prison.
They must do everything possible to break this disgraceful pattern.Read the full editorial. (Dallas Morning News, 09/30/07)
Read more about eyewitness identification reforms underway nationwide, and learn more about the six states with active Innocence Commissions.

The Dallas study is part of a larger national study by the Urban Institute in Washington, D.C. Read more about this effort.



Tags: Innocence Commissions, Eyewitness Identification

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Renewed calls for Texas Innocence Commission

Posted: October 2, 2007 3:04 am

Legislators are again calling for the creation of a panel in Texas to study the problem of wrongful convictions and consider reforms proven to prevent injustice. In Texas, 29 wrongful convictions have been overturned by DNA testing – more than any other state – but a proposed Innocence Commission did not pass the legislature this year.

State Sen. Rodney Ellis, the chairman of the Innocence Project Board of Directors, introduced the 2007 bill and plans to renew his efforts in 2008. He has been speaking with Senate colleagues about the proposed bill and asked Lt. Gov. David Dewhurst to order an interim study on the commission.

"I think the exonerations are clear and convincing evidence that the system is broken," said Ellis, a Houston Democrat. "In no other sphere of public policy would rational people see this many exonerations and not be willing to be able to pull together a panel of experts to ask what went wrong and what can be learned from those cases."
Read the full story here. (Fort Worth Star-Telegram, 09/30/07)
View a map of the six states that have already created innocence commissions.



Tags: Innocence Commissions

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Dallas editorial: State needs innocence commission

Posted: October 12, 2007 2:31 pm

The editorial board of the Dallas Morning News this week called for the creation of a state innocence commission, which failed to pass in the legislature during the 2007 session. Six states have created commissions to study the causes of wrongful convictions and recommend reforms to prevent future injustice.

The concept is this: A broad-based commission of experts would examine breakdowns in the criminal justice system and pinpoint ways they might have been prevented. Lawmakers could follow up by putting reforms into law.

In a state with 29 documented DNA-linked exonerations – more than any other in the nation – any serious effort to improve criminal justice is laudable. Especially for Dallas County, which accounts for 13 of those 29 exonerations.

Read the full editorial here. (Dallas Morning News, 10/10/07)
Read more about innocence commissions and view a map of the six states with commission.



Tags: Innocence Commissions

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California governor vetoes justice reforms

Posted: October 16, 2007 3:15 pm

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

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

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

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

Read the governor’s veto statements here
.

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

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





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

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NY Times editorial calls for reforms nationwide

Posted: January 10, 2008 11:00 am

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

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

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

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



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

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Chief Texas judge calls for innocence commission

Posted: January 30, 2008 4:40 pm

In an op-ed in yesterday’s Dallas Morning News, Texas Supreme Court Chief Justice Wallace Jefferson calls for a state innocence commission to investigate the causes of wrongful conviction and recommend reforms to prevent future injustice. Charles Chatman is the most recent person freed by DNA testing in the state.  So far, 30 Texans have been exonerated with DNA evidence.  (Chatman and several other people in Texas will not be officially exonerated until they have an order from the state’s highest criminal court or a pardon from the governor.)  Jefferson notes that untold others remain behind bars without the benefit of DNA evidence.

Even one wrongful conviction should be a shocking aberration in our system of justice, which is based on the principle that "it is better that the guilty go free than the innocent be jailed." These 30 cases come from the small subset of convictions in which genetic evidence has been preserved by the state and therefore raise the deeply troubling – and largely untestable – possibility of a proportionate number of erroneous convictions in which no DNA testing is possible.With this in mind, I commend Sen. Rodney Ellis' proposal that the Texas Legislature create a commission to investigate each instance of DNA exoneration and assess the likelihood of wrongful convictions in other cases, so that we can begin to reduce the chances that innocent Texans are incarcerated. …

Further, no one should fear the "soft on crime" label for supporting a commission of the sort I have in mind. Every wrongful conviction leaves the true criminal unpunished and free to commit other crimes, while undermining our faith in the justice system, which is so essential to an orderly society.

Read the full op-ed here. (Dallas Morning News, 01/30/08)
Last year, State Sen. Rodney Ellis, the chairman of the Innocence Project Board of Directors, proposed a state innocence commission but the bill failed to pass. He has said he will introduce the bill again in the legislature’s next session.

Read more about other innocence commissions around the country
.

 



Tags: Innocence Commissions

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Editorial calls for NY innocence commission

Posted: February 14, 2008 12:51 pm

For the second year in a row, New York Assemblyman Michael Gianaris is sponsoring a bill in the state legislature to create a 10-member commission that would examine wrongful convictions and recommend policies to improve the state’s criminal justice system. An editorial in New York Newsday today calls for lawmakers to support the commission, saying “when it makes a horrendous mistake and imprisons an innocent person, the proper response should be something more substantive than ‘Oops!’”

For the innocent who spend years in prison, nothing can restore that lost time. But an innocence commission can at least help make wrongful convictions more rare.

Read the full editorial here. (New York Newsday, 2/14/08)




Tags: New York, Innocence Commissions

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New Ohio coalition calls for criminal justice reform

Posted: February 25, 2008 3:42 pm

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

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

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

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




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

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California panel calls for criminal justice reforms

Posted: February 26, 2008 2:13 pm

The California Commission on the Fair Administration of Justice issued a report on Friday calling for improvements in the state’s handling of post-conviction appeals based on innocence and urging the state to improve compensation for exonerees after their release. The report calls for:

• An increase in the amount of compensation paid to exonerees – from $36,500 per year served to $50,000

• An extension in the time permitted for exonerees to file claims for compensation – from six months to two years

• State services for re-integration into society – currently offered to parolees but not exonerees

• State funding for the Northern California Innocence Project and California Innocence Project

An op-ed in the Los Angeles Times yesterday called on state lawmakers to make these recommendations a reality; read it here.

The Commission on the Fair Administration of Justice, which is considered by many a national model for innocence commissions, will continue operating through June of this year. Visit the commission website here.

Learn about innocence commissions and compensation laws across the country in our interactive map.



Tags: California, Innocence Commissions, Exoneree Compensation

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New book examines Innocence Commissions

Posted: March 7, 2008 4:41 pm

A new book by George Mason University law professor Jon Gould examines the Innocence Commission for Virginia and the model of creating panels of experts to review the injustice of wrongful convictions and make recommendations for states to reform their criminal justice systems. The book, titled “The Innocence Commission: Preventing Wrongful Convictions and Restoring the Criminal Justice System,” received a strong review from the Library Journal.

“Written for the general public, Gould's book has important lessons for attorneys and policymakers as well,” the journal wrote.

Criminal justice reform commissions – also called innocence commissions – are a centerpiece of the Innocence Project’s reform proposals nationwide, and have been extremely effective in several states in bringing about reforms to protect the innocent and assist law enforcement agencies and prosecutors.

Buy the book here via Amazon.com – a portion of your purchase will support the Innocence Project.

Learn more about Innocence Commissions here.



Tags: Virginia, Innocence Commissions

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Live webcast - Texas Summit on Wrongful Convictions at 2 pm EST

Posted: May 8, 2008 12:59 pm

Texas has seen more wrongful convictions overturned by DNA testing than any other state. Today, key leaders from across the state will gather in Austin for a Summit on Wrongful Convictions to address the causes of these wrongful convictions. Judges, lawmakers, defense attorneys, prosecutors, exonerees, professors and many others are expected to attend the event – which begins at 2 p.m. EST and is open to the public. State Sen. Rodney Ellis is spearheading the event, and Innocence Project Co-Director Barry Scheck will also attend.

Watch the event live on the web at 2 pm EST (1 pm CST).

“We’ve reached a tipping point on wrongful convictions in Texas. Nobody can seriously doubt that there’s a problem, and next week leaders from across our criminal justice system will come together to start solving it,” Ellis said. “We will bring a wide range of leaders, experts and exonerees together for a full day to develop concrete, common-sense remedies to make our system of justice more fair and accurate. We won’t solve these serious problems in one day, but we will make historic strides toward restoring confidence in our criminal justice system.”

New Innocence Project video: Three Texan exonerees tell their stories [video: 04:24]



Tags: Innocence Commissions

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Texas Summit on Wrongful Convictions starts an important conversation

Posted: May 9, 2008 3:47 pm

More than 100 key leaders from Texas’ criminal justice system came together yesterday in Austin to discuss the causes of wrongful convictions and changes necessary to free the innocent, improve forensic testing and prevent future injustice. Texas leads the nation in wrongful convictions overturned by DNA testing – with 31 people exonerated from 10 counties across the state. The first Summit on Wrongful Convictions in the nation, yesterday’s meeting was called by Texas State Sen. Rodney Ellis to advance the state’s dialogue on wrongful convictions. Nine people freed by DNA testing in Texas attended the event, each standing up to tell their stories.

One by one, nine wrongly convicted men stood up on the floor of the Texas Senate on Thursday to explain how innocent men ended up in prison and how to prevent it from happening again.

"I'm here to tell you I lost everything. I am still hurting. I am still broken," said James Giles, who spent 10 years in prison for a rape he did not commit. "We can do better in the justice system. The system failed all of us."

…The applause was loudest when Giles tore up his sex offender registration card, something he had to carry for 15 years while he was on parole before getting exonerated. He ripped it up, he said, because he had a new card to carry: a voter registration card.

Read the full story here. (Associated Press, 05/08/08)
Watch a new Innocence Project video featuring interviews with three Texas exonerees: Brandon Moon, Chris Ochoa and Ronnie Taylor.





Tags: Texas, James Giles, Christopher Ochoa, James Waller, Innocence Commissions

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Dallas Morning News editorial calls on lawmakers to support innocence commission in Texas

Posted: May 12, 2008 2:00 pm

The editorial board of the Dallas Morning News yesterday called on lawmakers to support Houston Sen. Rodney Ellis’ proposal to form a state innocence commission in Texas. The influential paper’s editorial comes just four days after the historic Texas Summit on Wrongful Convictions, which brought together lawmakers and criminal justice leaders to examine why so many innocent people are ending up in Texas prisons.

Texas has had more DNA exonerations than any other state with 31 in ten counties. In Dallas alone the 18th person, James Lee Woodard, was freed two weeks ago after serving 27 years for a murder he did not commit.

“No county has borne more shame than Dallas County for the outrage of miscarriage of justice,” the Dallas Morning News wrote. “No county has a greater responsibility to change Texas law to prevent tragic mistakes in the future.”

An innocence commission would examine what went wrong in each of these cases and make recommendations on how the system could be fixed to prevent more wrongful convictions. Among the problems a commission could address in Texas are eyewitness misidentification, harsh interrogation tactics that result in false confessions, unethical prosecutorial practices, and proper DNA testing. The Morning News said such a commission was “needed badly in Texas.”

The concept is a sound one and has been adopted by at least five states.
News flashes about Dallas cases obscure the fact that local exonerations would not be achieved were it not for the sound practice of storing biological evidence in all criminal cases. No other Texas county has done that; one can only imagine how many wrongly convicted people from the 253 other Texas counties have no shot at DNA exoneration. A special commission could recommend best practices for evidence storage, among a long list of other law enforcement procedures.

The editorial called for “robust support” for Sen. Ellis’ bill and recommended that a Dallas Republican should sponsor it in the House where a similar bill last year was killed before making it to the floor.

Read the editorial. (The Dallas Morning News, 5/11/08)




Tags: Texas, Innocence Commissions

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Consensus grows for Texas innocence commission

Posted: May 19, 2008 3:28 pm

Top judges, lawmakers and newspapers in Texas are calling for the creation of a state innocence commission to study the causes of wrongful conviction and recommend policy reforms to prevent future injustice.

The Austin American-Statesmen editorial board wrote this weekend that they hoped the May 8 Summit on Wrongful Convictions in the Texas Senate would spark renewed momentum for an innocence commissions.

“It is unacceptable that innocent people are convicted while the real culprits get away with rape, murder and other violent crimes. That approach is not tough on crime - it’s dumb on crime. …Anyone interested in justice - regardless of political philosophy or party affiliation - has a stake in finding a solution.”

Read the full editorial here. (Austin American-Statesman, 05/17/08)
An editorial in Saturday’s Houston Chronicle calls on lawmakers to avoid partisan bickering over the creation of a panel to study the issue.
There is nothing to be gained by lawmakers' debating yet again whether a problem exists. The evidence is overwhelming that it does. Far better to create a commission now, so that next session the Legislature can begin to work to free all Texans who have been wrongly convicted.

Read the full editorial here. (Houston Chronicle, 05/17/08)
And judges and lawmakers have come out in support of a state commission. From yesterday’s Fort Worth Star-Telegram:
Wallace Jefferson, chief justice of the Texas Supreme Court, the state's highest civil court, voiced support for a commission in 2005 and 2007. Now he said he is specifically calling on state lawmakers to find money for the effort.

"I haven't heard an objection that persuades me that it is not a good idea," Jefferson said. "What better way to spend public dollars than to make sure the innocent doesn't go to jail?"

Read the full story here. (Fort Worth Star-Telegram, 5/19/08)
More than 100 key leaders from across the Texas criminal justice system attended the landmark Summit on Wrongful Convictions in Austin on May 8. Read more about the Summit here.

Watch video interviews with three men exonerated by DNA evidence after serving years in Texas prisons for crimes they didn’t commit.

Visit our national reform map to learn about other innocence commissions across the country.




Tags: Innocence Commissions

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New panels study wrongful convictions in Texas and New York

Posted: June 4, 2008 3:20 pm

Texas’ highest criminal court today announced the creation of a new Texas Criminal Justice Integrity Unit to address concerns of injustice in the court system and work with inmates who say they’ve been wrongfully convicted. The group’s initial invited members include Court of Criminal Appeals judge Barbara Hervey, Texas State Sen. Rodney Ellis (also the Innocence Project Board Chairman), members of Gov. Rick Perry’s staff, prosecutors, defense attorneys and judges.

"This is a call to action to address the growing concerns with our criminal justice system," Hervey said.David Dow, a law professor at the University of Houston and director of the Texas Innocence Network, said the integrity unit could have a huge impact. Unreliable eyewitness evidence is the top contributor to wrongful convictions, he said, Better preservation of evidence could help wrongfully convicted inmates use emerging technologies to win their case.

"I think this is fabulous," Dow said. "I think the court's recognition of the problem by itself is noteworthy."

Read the full story here. (Associated Press, 06/04/08)
A Summit on Wrongful Convictions in Austin last month added momentum to the push for a state innocence commission to study wrongful convictions. Read more about the summit here.

Meanwhile, the New York State Bar Association has also established a 22-member task force to study wrongful convictions. Members of this group will also come from across the legal spectrum – both inside and outside the state’s criminal justice system.

Read more here. (Newsday, 06/04/08)

Download the Innocence Project’s report on stalled reforms in New York.





Tags: Texas, New York, Innocence Commissions

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The weekly roundup

Posted: July 3, 2008 8:30 am

Here are some of the stories we were following this week, but just didn’t get around to blogging about.

The Innocence Project filed for DNA testing in the case of client Robert Conway, who has served nearly two decades in Pennsylvania prison for a murder he says he didn’t commit.

New evidence surfaced in Texas, suggesting that Lester Leroy Bower is on death row for a crime he didn’t commit, but he hasn’t been able to get DNA testing approved in the case. He is scheduled to be executed this summer, and the blog Grits for Breakfast asked how prosecutors “could even consider opposing DNA testing of old evidence before they put a defendant to death this summer who's claiming actual innocence.”

The California Commission on the Fair Administration of Justice issued a report calling the state’s administration of the death penalty "dysfunctional" and "close to collapse." Read media coverage here and download the full report here.

Funding was approved for a new state crime lab in Missouri, an upstate New York county planned a new $30 million crime lab, and Massachusetts children got a hands-on experience with forensics when a state lab investigator visited a local library.




Tags: Innocence Commissions, Death Penalty

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Texas editorial: 'too many mistakes'

Posted: July 8, 2008 2:25 pm

In Texas, 32 people have been exonerated by DNA testing to date, more than any other state. Several more have been released and are waiting for their exonerations to become official. Patrick Waller was the latest to be released in Dallas, walking out of prison last week after spending more than 15 years in prison for a rape he didn’t commit. An editorial in Sunday’s Fort Worth Star-Telegram says these exonerations reveals deep flaws in the system that need to be addressed.

Slowly but surely, Texas elected officials are realizing the need to repair flaws and bolster public confidence. Officials in Dallas and Harris counties have been reviewing problematic cases. And the Texas Court of Criminal Appeals in June announced formation of an integrity unit to examine a range of issues, including reliability of eyewitness identification procedures and crime lab work; quality of lawyering for indigent defendants; and attorney accountability for properly following procedures.

The system can’t work fairly without people of good faith doing their jobs honestly and seeking justice rather than cutting corners or pursuing personal agendas.

Read the full story here. (07/06/08)
Read more about the new Court of Criminal Appeals task force.





Tags: Innocence Commissions

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U.S. Congresswoman to hold panel on wrongful convictions and DNA exonerations in Dallas tomorrow

Posted: July 18, 2008 1:00 pm

U.S. Congresswoman Eddie Bernice Johnson (D-Texas) will host panel discussions tomorrow in Dallas on wrongful convictions and DNA exonerations. The first panel will feature Texas exonerees James Woodard, Charles Chatman, and Billy Smith and the second will feature U.S. Congressman John Conyers (D-Michigan), Texas State Senator Rodney Ellis (who also chairs the Innocence Project’s Board of Directors), Dallas County District Attorney Craig Watkins and Jeff Blackburn of the Innocence Project of Texas.

Dallas County has had 19 wrongful convictions exonerated by DNA evidence, second in the nation only to Cook County, Illinois. The state of Texas as a whole leads the nation with 32 DNA exonerations.

Read the press release on the Innocence Project of Texas blog.



Tags: Texas, Charles Chatman, Billy James Smith, Innocence Commissions

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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

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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

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Canadian report calls for national board to review possible wrongful convictions

Posted: September 30, 2008 2:15 pm

Last week, a group of Canadian law enforcement experts released a report on the wrongful conviction of David Milgaard, a Saskatchewan man who spent 23 years in prison for a crime DNA shows he didn’t commit. The report examined the specific errors in the Milgaard case, but it went much further. The Canadian federal government needs to create an oversight board to review possible wrongful conviction cases, the report said. Milgaard’s family members welcomed the proposal, saying such a board could have helped him win his release much sooner.

"I'm delighted that we are finally getting recommendations for an independent board," Milgaard's mother, Joyce Milgaard, told a news conference in Saskatoon shortly after the Saskatchewan government released the commission of inquiry report.

"It will be worthwhile," she said. "Everything our family has gone through, if we now, if we really follow through and get this independent board."

Read the full story here. (Canadian Broadcasting Corp., 09/26/08)
North Carolina recently created a similar oversight and review panel, and the group issued its first findings earlier this month.



Tags: Innocence Commissions

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Exonerees, Texas Officials Call for Innocence Commission, Moratorium

Posted: November 3, 2008 4:30 pm

Twenty four exonerated men gathered in front of the Texas State Capitol building last Friday in support of a statewide capital punishment moratorium. As members of Witness to Innocence, a Philadelphia-based organization, the group of former death row inmates also called for a state commission to investigate wrongful convictions.

The men came from across the country (including Ray Krone of Arizona, Juan Melendez of Florida and Clarence Brandley of Texas) and were joined by former Bexar County District Attorney Sam Millsap and Texas State Representative Elliott Naishtat.

Milsap, who took personal responsibility for the 1993 execution of San Antonio man Ruben Cantu that was based on one (later recanting) eyewitness and no physical evidence, said that he was "no longer convinced that our courts will in fact guarantee the protection of the innocent."

"It's a national problem, but a problem that has a distinct Texas face," state Rep. Elliott Naishtat, D-Austin, told the members of Witness to Innocence. Naishtat said he will introduce a bill next session to give the governor the power to declare a temporary moratorium on executions. He also promised to work on behalf of a bill by state Sen. Rodney Ellis, D-Houston, to create a Texas innocence commission.

However, any bill to halt executions stands no chance of passing the Texas Legislature, Naishtat said. Capital punishment has substantial support in Texas. The 2007 Texas Crime Poll by Sam Houston State University found 74 percent of Texans support the death penalty. And 66 percent said they were confident that innocent people are protected from execution.

Read the full article here. (Austin American Statesman, 11/01/08)
Click here to watch the first of five videos covering the press conference.

Listen to local coverage from KUT online or download an mp3

Click here to visit the Witness to Innocence Web site.

 



Tags: Texas, Innocence Commissions

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False Confessions and the Integrity Unit

Posted: January 14, 2009 3:29 pm

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

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

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

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

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



Tags: Innocence Commissions, False Confessions, False Confessions

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Texas Lawmakers Consider an Innocence Commission

Posted: March 10, 2009 4:04 pm

A Texas legislative committee heard testimony yesterday on a bill proposing the creation of an innocence commission to review wrongful conviction cases and analyze possible reforms that could prevent future injustice. Blogger Scott Henson testified on behalf of the Innocence Project of Texas. He wrote at Grits for Breakfast:

Texas' recent string of DNA exonerations have provided a unique window into the mechanics of false convictions. This bill would create a mechanism for formally identifying sources of error and suggesting ways to reduce their number in the future. Of course, we already know many of these causes - including faulty eyewitness ID procedures, mendacious informants, false confessions, and flawed forensics - but those are only the most prominent examples, hardly an exhaustive list.

Read the full post here.
State Sen. Rodney Ellis (the Innocence Project Board Chairman) has filed a similar bill in the Texas Senate.

Seven states have similar commissions, including one created by Texas’ Court of Criminal Appeals in the absence of a state system. View our interactive map for information on the other innocence commissions around the country.





Tags: Innocence Commissions

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New NY Task Force to Review Causes of Wrongful Conviction

Posted: May 1, 2009 2:16 pm

This afternoon, the chief judge of New York’s highest court said he would create a permanent task force to examine the causes of wrongful convictions and evaluate policy reforms to prevent injustice. Court of Appeals Chief Judge Jonathan Lippman said the commission would review exoneration cases in the state and “see what we need to do to change the criminal justice system so this doesn’t happen.”

The Innocence Project called the task force “a huge step forward.”

“We commend Chief Judge Lippman for creating a permanent state entity that will look seriously at these problems and develop systemic solutions to enhance public safety,” Innocence Project Co-Director Peter Neufeld said in a statement today. “This task force will be a national model for how the judiciary branch can improve the criminal justice system through court rules, legislation and training. As a permanent state entity, the task force will also be able to monitor how reforms are working and pursue further improvements.”

Led by Theodore T. Jones, an associate judge on the Court of Appeals, and Janet DiFiore, the district attorney of Westchester County, the task force will also include State Senator Eric T. Schneiderman and Assemblyman Joseph R. Lentol, chairmen of the committees that have jurisdiction over criminal justice legislation in their respective chambers of the Legislature. Other members of the task force will be named later, Mr. Lippman said.

“This is the judiciary acknowledging that there are many people passing through the justice system who are innocent,” Mr. Schneiderman said. “It is a very big step.”

Read the full story here. (New York Times, 05/01/09)
Read our press release on the new task force and download a report on DNA exoneration cases in New York state.




Tags: Innocence Commissions

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Friday Roundup: Reviewing Injustice

Posted: May 1, 2009 6:09 pm

New York’s chief judge announced today that the state’s Court of Appeals is creating a task force to review exoneration cases and recommend possible reforms to prevent injustice. Here’s more coverage since we posted earlier today.

Texas has a similar judicial task force, and representatives are seeking to create a more robust panel in the legislature named after exoneree Timothy Cole.

North Carolina has another kind of task force to investigate possible wrongful convictions. The state’s House of Representatives this week voted to expand the group’s reach – giving it power to force witnesses to testify.

A proposed law in Colorado to repeal the death penalty and use resources to instead investigate cold cases in the state made progress in the Senate today but still faced an uncertain future.
 
Osgoode Hall Law School in Toronto will host a conference on forensic evidence in criminal proceedings and avoiding wrongful convictions next Saturday, May 9.

A conference today in Dallas brought together exonerees for a discussion of the challenges of life after exoneration.

Innocence Project Co-Director Barry Scheck and exoneree Jerry Miller spoke today at the GEL Conference in New York City. And exoneree William Dillion spoke about his case and the need for reforms yesterday in Wellington, Florida.

And an article in the Missourian checked in with Josh Kezer, who was freed two months ago when new evidence pointed to his innocence.
 



Tags: Jerry Miller, Innocence Commissions

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Texas Compensation Could be Retroactive

Posted: May 20, 2009 6:02 pm

As we’ve written here, a bill awaiting the signature of Texas Gov. Rick Perry would increase the amount of state compensation paid to the exonerated upon their release and would also pay exonerees for time they served on parole. But the bill would also assist a group that has been eligible for no compensation under state law – those exonerated before the state passed its first compensation law in 2001.

When Joyce Ann Brown and Lenell Geter were cleared in Texas (by evidence other than DNA) in the 1980s, they were not eligible for state compensation. State Sen. Rodney Ellis, who sponsored the bill and serves as the Innocence Project Board Chairman, has said parts of the bill are retroactive and that he will reach out to people who are potentially eligible.

Brown served more than nine years of a life sentence for a 1980 robbery and murder at a fur shop. She was released in late 1989.

Geter served 16 months of a life sentence for a 1982 wrongful conviction for the armed robbery of fast-food businesses. He was cleared in 1984.

"When I was released, you had to fight [to be compensated]. ... I have never received a dime," said Brown, who founded and directs Mothers (Fathers) for the Advancement of Social Systems (MASS), a nonprofit that helps former prisoners re-enter society. She co-wrote the book Joyce Ann Brown: Justice Denied.

Geter sued former Dallas County District Attorney Henry Wade, other authorities and municipalities including Greenville, where he was arrested. He received what he described as a small out-of-court settlement representing "about a year's salary" – close to the $24,000 he earned as a 26-year-old engineer in Greenville when arrested in 1982.

His and Brown's eligibility under the new bill, though uncertain, would be a salve on old wounds, said Geter, who now is a motivational speaker, youth mentor and the father of three daughters in Columbia, S.C. He wrote the book Overcome, Succeed & Prosper.

Read the full story here. (Dallas Morning News, 5/20/09)
Also pending in Texas is a bill to create a state innocence commission to review wrongful convictions and evaluate reforms to address the causes of injustice. A bill creating the commission has passed the House and is pending in the Senate. Read more here.



Tags: Innocence Commissions, Exoneree Compensation

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Editorial Calls for More Action from Connecticut Innocence Panel

Posted: October 5, 2009 5:42 pm

An editorial in today’s Connecticut Law Tribune calls on the Connecticut Advisory Commission on Wrongful Convictions to end a lull in activity and make recommendations to the state legislature on reforms that can prevent wrongful convictions.  The panel is one of eight such commissions around the country, but the Connecticut group -- expected to meet quarterly -- has met only once since November 2006.  

Three men have been cleared through DNA testing in Connecticut since 2006: Miguel Roman, James Tillman and Kenneth Ireland. From today’s editorial:

To date, the Advisory Commission on Wrongful Convictions has yet to conduct an in-depth review of any of these cases. Nor has it examined any of the major causes of wrongful conviction or made any recommendations for the reform of practices and procedures necessary to insure that similar miscarriages of justice do not occur. In fact, since its inception in 2003, the commission has not issued a single report.

Read the full editorial here. (Connecticut Law Tribune, 10/05/09)
Learn about the other innocence commissions in the U.S. on our interactive map.




Tags: Connecticut, Innocence Commissions

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Ten Great Moments of the Decade

Posted: December 30, 2009 11:00 am



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

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

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

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

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

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

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

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

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

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

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

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

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

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



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

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Advocates Seek Innocence Commission and Compensation Reform in Florida

Posted: February 22, 2010 6:10 pm

Efforts to pass significant wrongful conviction reforms are gaining steam in steam in Florida.

We reported earlier this month that State Sen. Mike Haridopolos had asked the Florida Supreme Court to form an innocence commission, which would review exonerations in the state and recommend measures to prevent future injustice.

Another effort is underway to repeal a so-called “clean hands” provision, which restricts exoneree compensation only to people who had a felony conviction before or during their wrongful incarceration.

The Miami Herald last week called on the state legislature to remove the clean hands provision from the law, saying that a minor felony shouldn’t lead an exoneree from missing their due compensation. The Herald also made a strong call for the creation of an innocence commission.

Another editorial last week, in Florida Today, also called on the state Supreme Court to create an innocence panel, saying “one wrongful conviction is too many, but the growing number in Brevard (County) and across Florida is a plague that can't be ignored.”

The Innocence Project of Florida, a member of the Innocence Network, is advocating on behalf of both of these reforms. Visit the IPF blog here.




Tags: Innocence Commissions, Exoneree Compensation

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Former D.C. Detective Calls on States to Launch Innocence Commissions

Posted: March 29, 2010 5:50 pm





Tags: Innocence Commissions

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Renewed Calls for Florida Commission Following Exoneration

Posted: March 31, 2010 6:15 am


Florida Innocence Project Executive Director Seth Miller wrote about the developments on the organization’s blog today.

Visit our Innocence Commissions page for more information about similar groups currently at work across the country.

Photo: Florida Supreme Court (Credit: Gregory Moine)



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Florida Finally Creates Long-Awaited Innocence Commission

Posted: July 7, 2010 5:08 pm

Senate President-designate Mike Haridopolos appropriated $200,000 to cover the commission’s expenses earlier this year and the Florida Bar Foundation approved a $114,862 grant for the commission’s work.

There have been 12 DNA exonerations from across the state to date.

Read the full story here.




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Pennsylvania Report Establishes Need for Reform

Posted: September 20, 2011 4:55 pm





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Florida Editorial Emphasizes Need for Reform

Posted: May 23, 2012 3:30 pm

The Tampa Bay Times has called for bold changes in Florida’s criminal justice system in order to reduce the number of wrongful convictions across the state. Thirteen of the 291 people exonerated through DNA testing were wrongfully convicted in Florida. Only Texas, Illinois, New York and Virginia have more.
 
On Monday, the Florida Innocence Commission embarked on several weeks of hearings to review how wrongful convictions occur and how to prevent them in the future. The commission, which is comprised of prosecutors, defense attorneys, law enforcement and other professionals in the criminal justice community, is expected to propose criminal justice reforms at the end of June.


When the criminal justice system gets it wrong, innocent people are denied their liberty. Their families are left behind often without a father or provider. Crime victims don't get justice because the real perpetrator went free, possibly to offend again. Everyone loses.

The Florida Innocence Commission is studying the most common contributing factors of wrongful conviction. It has already recommended reforms to improve police lineup procedures and reduce the rate of eyewitness misidentification.

It was an important step, but without more far-reaching and substantial recommendations from the commission, there won't be real change. This is Florida's opportunity to better its system of justice.

Read the full editorial.
 
Read about the formation of criminal justice reform commissions. Read more.



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Ocala Star Banner calls for Enhancements to Florida Criminal Justice System

Posted: July 23, 2012 3:00 pm

An editorial in the Ocala Star Banner supports the Florida Innocence Commission’s finding that the state’s criminal justice system needs a bigger budget in order to function properly and prevent injustice. The Legislature has refused to consider any increase in spending to enhance the system.


Commission Chairman Belvin Perry, a circuit judge from Orlando, spelled it out: “The only thing the criminal-justice system has is the confidence that people have in it. The underfunding of this system in this state is going to lead us to a situation where people will look at the system and have no faith or confidence in it.”

Among its recommendations, the commission said that more money should be spent on DNA testing and preservation of evidence. Thirteen of the 297 people exonerated through DNA testing were wrongfully convicted in Florida. The commission’s report, released in June, promotes additional funding for public defenders and DNA testing.
 
Read the full editorial.
 
Read more about the Florida Innocence Commission.



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