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Column: Louisiana should invest in justice reform

Posted: May 14, 2007

A column in Saturday’s Shreveport Times calls for serious reforms to Louisiana’s criminal justice system in the wake of the 200th DNA exoneration nationwide. Emily Maw, the director of Innocence Project New Orleans, writes with Heather Hall that the state needs to direct its focus to indigent defense and to providing access to DNA testing for inmates claiming innocence. Louisiana has the highest incarceration rate per capita in the United States, and nine people have been exonerated in that state by DNA evidence.

Perhaps it is not surprising — Louisiana puts more people in prison per capita than any other state in the United States, has neglected the broken public defender system for decades and has demonstrated a complete lack of initiative to address the root causes of wrongful conviction.

Read the full column here
. (Shreveport Times, 5/12/07)
Read more about the nine people exonerated by DNA testing in Louisiana.

How many exonerations have there been in your state? View a map here.




Tags: Access to DNA Testing, Bad Lawyering

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Column: Georgia public defenders woefully underfunded

Posted: September 11, 2007 3:48 pm

Two weeks ago, the director of the Georgia Capital Defender’s Office resigned, saying that the office could not adequately represent clients facing the death penalty with the budget provided by the state. And in a column in yesterday’s Atlanta Journal-Constitution, ACLU death penalty stategist Christopher Hill argues that Georgia’s problems are not unique. Public defenders offices are underfunded nationwide, and those charged with capital cases are no better off.

Defendants are fighting for their lives during capital trials. The Constitution guarantees effective lawyers and a fair trial — that means lawyers with the time, resources and skill to properly represent them. It also means expert assistance, access to technology and investigators. All of this costs money. As things now stand, adequate resources are sorely lacking in many parts of the country. As a result, the death penalty is too often reserved not for the "worst" offenders, but for those defendants with the worst lawyers.

Read the full column here. (Atlanta Journal-Constitution, 09/10/07)
Bad and overburdened lawyers are a major cause of wrongful conviction, in capital and non-capital cases. Hill mentions cases in which attorneys slept through trials, drank four martinis at lunch, and failed to offer evidence of innocence. Read more about how bad lawyers and underfunded public defense offices can lead to wrongful convictions.
More recent coverage of public defense shortages nationwide:

Seattle Op-Ed: Mayor said to be ignoring court crisis

Wisconsin short of prosecutors, judges and public defenders while prison funding rises


New Mexico needs 45 more public defenders to meet caseload




Tags: Bad Lawyering

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Lawsuit and reports allege that New York fails to provide defense counsel to poor

Posted: November 9, 2007 12:15 pm

A class-action lawsuit filed yesterday in New York alleges that people charged with crimes in New York State receive substandard defense representation, which leads to higher bail in minor cases, more guilty pleas and potentially wrongful convictions. The lawsuit was filed by the New York Civil Liberties Union and the law firm of Schulte Roth & Zabel LLP, and comes after two major reports found major flaws in the state’s public defense system.

“Every day, in courtrooms throughout the state, New Yorkers are denied justice simply because they are poor. Justice should not depend on your ZIP code or the size of your wallet,” said Donna Lieberman, executive director of the NYCLU. “We filed this lawsuit today as a last resort, in response to the constitutional deficiencies identified by a commission appointed by (New York Court of Appeals) Chief Judge (Judith) Kaye to evaluate our public defense system, and the failure of lawmakers to compel the state to repair what is clearly a broken and unjust system.”

Read the NYCLU press release here.
Read national press coverage of this lawsuit: New York suit demands proper legal care for poor. (Reuters, 11/08/07)

More on indigent defense problems in New York State:

The Innocence Project released a report last month on the 23 DNA exonerations in New York State to date. Among the causes of these 23 wrongful convictions were errors by indigent defense attorneys.

The New York State Commission on the Future of Indigent Defense Services, appointed by Chief Judge Judith Kaye of the state’s top criminal court, released its final report in June 2006 finding funding and standards in the system “grossly inadequate” Download the report here.

The National Legal Aid & Defenders Association released a report last month on the New York State’s failure to provide adequate public defense in upstate Franklin County. Download the report here. (PDF)

Read about wrongful convictions nationwide which were caused, at least in part, by bad lawyering
.






Tags: Bad Lawyering

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200+ exonerations are a “tipping point” in call for better public defense

Posted: November 30, 2007 10:37 am

In a column in the December issue of the libertarian magazine Reason, senior editor Radley Balko writes that we need to look no further than the 208 wrongful convictions  overturned by DNA testing to see that the American public defense system is woefully lacking. While 80 percent of defendants charged with felonies in state court get a public defender, a 1999 Justice Department study found that 97 percent of law enforcement resources in the country’s 100 largest counties goes to police, courts and prosecutors – leaving just 3 percent for public defense. Only about 7 percent of felonies go to trial – the rest end in plea bargains. Eleven of the 208 exonerees pled guilty to crimes they didn’t commit, and other wrongful convictions were clearly caused by bad lawyering.

If we’re serious about giving everyone a fair crack at justice, indigent defendants need access to the same sorts of resources prosecutors have, including their own independent experts and investigators. If we’re going to generously fund the government’s efforts to imprison people, we need to ensure that everyone the government pursues is adequately defended and protected from prosecutorial overreach. The ongoing stream of exonerations in felony cases suggests we’re a long way from that goal.

Read the full column here. (Reason, December 2007)
And the criminal justice blog Grits for Breakfast says this morning that there must be a crisis if the libertarian Reason is calling for an improvement in public defense.
When even Reason magazine thinks government is underspending on one of its functions, it's hard not to think we might have reached a tipping point in regards to changing public perception in the wake of 200+ DNA exonerations.

Read the full blog post. (Grits for Breakfast, 11/30/07)




Tags: Bad Lawyering

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Nevada’s highest court orders public defense improvements

Posted: January 8, 2008 4:03 pm

The Nevada Supreme Court acted Friday on recommendations from a commission created to improve indigent defense in the state. Friday’s order removes judges from the process of appointing defense lawyers to represent indigent clients, reexamines the way defendants become eligible for indigent defense and mandates the collection of statistics on race and income level of defendants. The order does not act on the commission’s recommendation, however, to cap the number of cases any public defender can handle. Public defenders in Las Vegas currently handle more than 360 cases at any given time, while the professional standard is 150. The court will consider caseload caps at a later hearing, the justices said.

Gary Peck of the American Civil Liberties Union of Nevada praised the court order, terming it a significant step in "the long-standing fight to fix a badly broken indigent defense system."

Peck also predicted that once the caseload studies are done he's confident that limits will be imposed by the high court.

Read the full story here. (Las Vegas Sun, 01/04/08)
Overburdened or unqualified legal representation was a cause of many of the wrongful convictions later overturned by DNA testing. Read more about bad lawyering here.





Tags: Nevada, Bad Lawyering

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Discussion on indigent defense today in Tucson

Posted: February 27, 2008 2:10 pm

Bad lawyering has contributed to several of the wrongful convictions overturned by DNA testing. Public defenders are often overburdened and underfunded, rendering them unable to provide the defense and investigation needed in a serious criminal trial. The Innocence Project has called for improvements in the nation’s indigent defense systems to prevent future wrongful convictions, but few states have taken action. Stephen Bright, the director of the Southern Center for Human Rights, will address the issue of indigent defense this afternoon at a speech in Tucson, Arizona.

"There is a failure in jurisdictions all over the country to provide adequate lawyers to people accused of crimes," said Stephen B. Bright, director of the Southern Center for Human Rights. "It's particularly troubling in death penalty cases with lawyers who don't have the competence, the expertise, the resources or the investigative assistance needed to try death penalty cases," Bright said.

Read the full story and get details on the event here.
Jimmy Ray Bromgard, who served more than 14 years in a Montana prison before DNA testing proved him innocent, is an example of a defendant who was wrongfully convicted partly because of inadequate defense representation. His attorney did no investigation, hired no expert to debunk the state's forensic expert, filed no motions to suppress the identification of a young girl who was, according to her testimony, at best only 65% certain, gave no opening statement, did not prepare a closing statement, and failed to file an appeal after Bromgard's conviction. Read more about his case here.




Tags: Arizona, Montana, Bad Lawyering

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Why Houston’s public defense system is “fundamentally unfair”

Posted: March 17, 2008 4:50 pm

An op-ed article in Sunday’s Houston Chronicle by Texas State Sen. Rodney Ellis (also the chairman of the Innocence Project Board of Directors) and Innocence Project Co-Director Barry Scheck calls on Harris County, Texas, and other jurisdictions nationwide to ensure that people charged with crimes in our country receive adequate representation.

Insufficient defense representation has contributed to countless wrongful convictions nationwide, and often the cause is a system that ties the hands of appointed lawyers from the start of a case.

Harris County has a court-appointed system for indigent defense. Under this system, judges create a list of eligible independent attorneys. Once an attorney is assigned to the case, a judge decides whether to grant that attorney's requests for investigators, experts and compensation.

Too often, attorneys' hands are tied; if they are capable of adequately defending an indigent client, the system prevents them from doing the job…l

The result: a fundamentally unfair system that places innocent people at risk of being wrongfully convicted. Not surprisingly, inadequate defense counsel has contributed to a substantial number of wrongful convictions.… Evidence tells us that creating a public defender office is the best way to deliver quality legal services cost-effectively. But we also must invest the resources necessary to effectively defend the rights of our citizens.

Read the full article here. (Houston Chronicle, 03/16/08)
Read more about how bad lawyering can lead to wrongful conviction in our Understand the Causes section.





Tags: Bad Lawyering

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Adequate defense counsel can prevent wrongful convictions

Posted: April 11, 2008 4:15 pm

Too many wrongful convictions are caused by the lack of experienced and available public defenders. For decades, the American criminal justice system has failed to consistently provide resources for the defense of people who can’t afford to hire a lawyer themselves. And the inequalities don’t stop with lawyers. Prosecutors have state resources to hire courtroom experts; they have police departments to act as investigators. Public defenders struggle with caseloads in the hundreds and nearly nonexistent funds for investigations and experts. To prevent wrongful convictions in our country, this has to change.

Headlines around the country this month show that budget shortfalls threaten even the low standards of public defense in many states. Lawmakers in Kentucky – where the average public defender has 436 clients in a year – recently slashed $2.5 million from the state’s public defense budget. Georgia’s public defense system is near the breaking point.


But there are signs of progress on the horizon:

This week, commissioners in Houston – the largest urban area in the country without a public defense office – voted to explore the creation of a department. Currently, elected judges appoint attorneys and set budgets for investigation and experts, creating a system with little quality control and no consistency. A public defense office would bring that consistency to the city.

Also this week, Louisiana Supreme Court Chief Justice Pascal F. Calogero, Jr., praised state lawmakers for advances in public defense in recent years, and called for continued growth in the delivery of defense to the poor.

Read more about how overworked – or negligent – defense attorneys have contributed to the problem of wrongful convictions.





Tags: Georgia, Kentucky, Louisiana, Bad Lawyering

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A cancer within the system

Posted: April 18, 2008 4:25 pm

One of the nation’s most active innocence commissions, the California Commission on the Fair Administration of Justice, reported yesterday on the woeful state of indigent defense in many California counties.

"This is like a cancer within the system of providing indigent defense, and it's spreading," said Gerald Uelmen, executive director of the so-called Fair Commission, calling the spread of low-bid, flat-fee private firms "a race to the bottom."
Inexperienced, overburdened and negligent defense representation has contributed to countless wrongful convictions, and inadequate defense for the poor nationwide continues to contribute to cause injustice and inequality in the system everyday.

The commission recommended that California lawmakers create a panel to oversee the way counties fund public defense, and also recommended a law to ensure that the state funds investigators and experts for poor defendants.

Read the full story here: San Jose Mercury News, 04/18/08

Read the commission’s full report here.

Read the Innocence Blog post last week on indigent defense shortages around the country and signs of hope on the horizon.

Read more about how overworked – or negligent – defense attorneys have contributed to the problem of wrongful convictions.

Read more about the work of the California Commission on the Fair Administration of Justice and other innocence commissions around the country.





Tags: Bad Lawyering

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'Crisis' in Georgia as public defense budget is cut

Posted: June 11, 2008 1:44 pm

The abrupt decision by Georgia officials to close a 16-lawyer Atlanta public defense office this month is causing great concern in the state’s legal community. A chief judge said the plan is irresponsible and could cause a legal crisis, and the Fulton County District Attorney expressed concern about the cuts.

The Georgia Public Defenders Standards Council announced on Friday that it planned to close the Fulton County Metro Conflict Defender Office on June 30. The office takes on defendants when there are conflicts of interest with other public defenders, a common situation when multiple defendants are charged in a single crime. The council has another scheduled hearing next week where it will readdress the issue.

"This action by the state is irresponsible — any change in the current system should be carefully planned and coordinated so that there is no break in indigent defense representation," Doris Downs, chief judge of Fulton Superior Court, said in a statement on Monday.

Read the full story here. (Atlanta Journal-Constitution, 06/10/08)
Underfunded and overburdened public defenders are a major cause of wrongful convictions. Read more about bad lawyering here and review examples of cases in which inadequate defense led to a wrongful conviction.





Tags: Georgia, Bad Lawyering

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Public defense crisis spreads across the nation

Posted: June 13, 2008 1:35 pm

Budget cuts are threatening public defense systems in Kentucky, Minnesota, Florida and Atlanta – prompting serious concerns that thousands of poor defendants could go without legal representation. Overburdened and underfunded indigent defense can lead to wrongful convictions of poor defendants who can’t afford a lawyer. The Innocence Project has seen this problem in several wrongful convictions already overturned by DNA evidence, and there are countless innocent people still in prison today because they didn’t have adequate representation. An ABC News report today examines severe shortages in four states:

The cuts leave states scrambling to find a solution to a constitutional dilemma: The Sixth Amendment requires the government to either provide poor defendants with lawyers or release them.
"It is an impending legal crisis in our state," Joseph Lambert, the chief justice of the Kentucky Supreme Court, told ABC News. "Without adequate defense counsel, the public simply cannot be confident that persons are not being wrongfully convicted of crimes," Lambert said.

Read the full story. (ABC News, 06/13/08)
Read Wednesday’s Innocence Blog post on the anticipate closure of an Atlanta public defenders’ office.

Read about wrongful convictions caused in part by bad lawyering and later overturned by DNA testing.





Tags: Bad Lawyering

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'McJustice' - the crisis of indigent defense in America

Posted: July 15, 2008 4:10 pm

“The death sentence - not for the worst crime, but for the worst lawyer” — Stephen Bright, President, Southern Center for Human Rights

It’s not shocking to learn that many of the 218 DNA exonerees were represented by public defenders at trial. They were all innocent, but they all lost. In some cases, overburdened, inexperienced and underfunded public defenders were simply not equipped to stand up against the state. And the system hasn’t improved much in the last three decades. It wasn’t always the lawyer’s fault, of course. In many cases a talented defense attorney did all he or she could to represent their innocent client, but lost to a broken system that convicts the innocent based on flawed evidence.

Indigent defense in the U.S. is a state-by-state system with no national standards. Criminal defendants are often forgotten when it comes time to trim a state budget, and indigent defense services feel the pinch. A recent report on Michigan’s indigent defense services found a system that is wholly incapable of upholding a defendant’s constitutional right to adequate defense counsel.

The report, prepared by National Legal Aid and Defender Association, found:

“. . . judges handpicking defense attorneys; lawyers appointed to cases for which they are unqualified; defenders meeting clients on the eve of trial and holding non-confidential discussions in public courtroom corridors; attorneys failing to identify obvious conflicts of interest; failure of defenders to properly prepare for trials or sentencings; attorneys violating their ethical canons to zealously advocate for clients; inadequate compensation for those appointed to defend the accused …”
The report found a culture that emphasized speed and revenue over justice to such an extent that employees of the system in Ottawa County referred to the days devoted to arraignments of low-income people as “McJustice Day.” Inadequate defense counsel provided by the Michigan system led to the wrongful convictions of innocent men like Eddie Joe Lloyd and Walter Swift, who were later exonerated with the Innocence Project’s help.

Download the report and hear an NPR story on the findings here
.

Unfortunately, the situation in Michigan is all too common. Across the country, people are regularly being denied their constitutional right to adequate representation, and this system of sub-par representation is causing wrongful convictions. Although many public defenders are dedicated and competent, publicly-appointed attorneys are overworked and under-funded in even the best jurisdictions. The worst jurisdictions are tolerating lawyers who are incompetent and poorly trained, apathetic and condescending to their clients, insufficiently independent from judges and prosecutors; or even occasionally bullies and drunks. Institutional deficiencies in how the public defense system is structured and funded perpetuate these problems.

It’s difficult to improve indigent defense across 50 diverse states and for the federal government when there’s no uniform set of standards. To fill this vacuum, NLADA and the American Bar Association published The Ten Commandments of Public Defense Delivery Systems, calling for speedy appointment, competent representation and adequate funding of public defense offices.

Funding for indigent defense also varies by state. Even though states are constitutionally obligated to provide defense counsel to those who can’t afford it, many states leave the funding to unreliable local sources, including court fees and traffic tickets. To find out how public defense is doled out in your state, visit the National Association of Criminal Defense Lawyers’ state-by-state listing of indigent defense delivery structure and funding.

Here are a few of the most pressing indigent defense crises around the country:
• In Minnesota, the state legislature has just cut indigent defense funding by $1.5 million which will lead public defender offices to cut staff, delaying criminal cases and causing some types of cases not to be represented at all.

• Last August, the director of the Georgia Capital Defender’s Office resigned, saying that the office could not adequately represent clients facing the death penalty with the budget provided by the state. Then, in June, budget cuts in that state forced the closing of an important public defender office that takes on defendants when there are conflicts of interest with other public defenders.

• A U.S. Department of Justice report on California’s system found that low-bid contractors are providing inadequate representation to low-income defendants. In one rural county in 1997, three attorneys – with no help from paralegals or investigators – took on 5,000 cases.

• In 18 states, including Michigan, indigent defense is paid for by individual counties who often get the funds through property taxes or court fees paid by defendants.

More on indigent defense:

Read about bad lawyering as a cause of wrongful convictions
.

Seattle Times three-part series: An Unequal Defense: The failed promise of justice for the poor,

Hastings Law Journal: The Right to Counsel in Criminal Cases, A National Crisis

The Fair Defense Report: Analysis Of Indigent Defense Practices In Texas

Gideon at 44: Fighting for the Right to Counsel



Tags: Bad Lawyering

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Michigan Editorial: Lack of Indigent Defense Funding Leads to Wrongful Convictions

Posted: March 10, 2009 4:06 pm

An editorial in Sunday’s Detroit Free Press points to role of the state’s small budget for indigent criminal defense in convicting the innocent and driving up state costs further down the line – in wrongful conviction lawsuits and in prison overcrowding.

A robust and efficient indigent defense system will save money by reducing wrongful-conviction lawsuits, making sure poor defendants don't get unjustifiably long sentences, and keeping innocent people out of prison. Each person wrongfully incarcerated costs Michigan taxpayers $35,000 a year. Moreover, when innocent people are convicted, the guilty remain at large. Getting it right at trial is especially important in Michigan's current judicial climate, in which appellate courts practically rubber-stamp criminal convictions.
…"In theory, truth emerges when two equal adversaries -- with equal resources -- battle it out in the courtroom," said F. Martin Tieber, an East Lansing appellate attorney and former deputy director of the State Appellate Defender Office. "That's the basis of our justice system. With Michigan's abysmal public defense system, however, it often doesn't work that way. Innocent people are convicted, and other people are convicted of more serious offenses than they should be, leading to longer sentences. It creates a lot of unnecessary spending on prisons."

Read the full editorial here. (Detroit Free Press, 03/08/2009)
Bad lawyering is a leading cause of wrongful conviction nationwide. Three people have been exonerated by DNA testing in Michigan to date, and there are countless others seeking to overturn convictions for crimes they say they didn’t commit.

The case of Eddie Joe Lloyd is a prime example of the failure of the state’s indigent defense system to protect the innocent. Lloyd’s court-appointed attorney withdrew from his case eight days before his scheduled 1985 trial, but the trial wasn’t postponed. The new appointed attorney never met with the previous attorney, called no defense witnesses and gave a five minute closing argument. Lloyd was convicted and spent 17 years in prison for a murder he didn’t commit before DNA testing proved his innocence.

Read more about wrongful convictions caused in part by bad lawyering here.





Tags: Eddie Joe Lloyd, Bad Lawyering

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Friday Roundup: Identification and Informants

Posted: April 17, 2009 6:45 pm

A Georgia death row inmate lost his federal appeal this week and a Chicago man goes to trial next week for the third time for a murder he says he didn't commit. Here are stories of injustice and reform from the week:  

A federal court rejected Troy Davis’ appeal this week and announced a 30-day stay of execution so he could appeal to the U.S. Supreme Court. Davis has been on Georgia’s death row for two decades for a murder he says he didn’t commit and has come within hours of execution three times before receiving stays.

Chicago Tribune columnist Eric Zorn wrote that Juan Rivera’s third trial for a murder he says he didn’t commit – set to begin on Monday – sounds eerily similar to the wrongful conviction and repeated trials and appeals of exoneree Rolando Cruz.

The Texas Senate passed bills this week requiring law enforcement agencies in the state to establish written identification procedures, and requiring corroboration for testimony from jailhouse informants. Meanwhile, the Globe and Mail reported that Ontario has nearly phased out the use of jailhouse informants.

The Constitution Project released a groundbreaking report on the state of indigent defense in America. The report, “Justice Denied,” says that public defense systems are struggling across the country, and that many are failing. Read more about the effects of bad and overburdened lawyers in wrongful conviction cases.






Tags: Informants/Snitches, Bad Lawyering, Eyewitness Misidentification

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Criminal Defense and Wrongful Convictions

Posted: May 6, 2009 6:00 pm

In a recent speech accepting the Federal Bar Council’s Leaned Hand Medal, federal judge Lewis Kaplan focused on wrongful convictions and one of their leading causes – the quality of representation available to criminal defendants.

Bad or inadequate defense representation has played a role in many of the wrongful convictions later overturned by DNA testing. In his speech, Kaplan identified four factors that contribute to this problem: the overworked and under-funded indigent defense system, the staggering economic cost of private representation, the lack of information available to defendants about their options, and the competence of hired lawyers

“We know from the Innocence Project that 237 people have been exonerated by DNA evidence alone of crimes for which they were convicted and sentenced. So we now know with scientific certainty what many have suspected for years. Our criminal justice system, no different from anything else that depends on inherently fallible human beings, makes mistakes. How many? No one knows. But consider this. In 2008, the number of persons incarcerated in the United States substantially exceeded 2 million. So if even one in 1,000 of those inmates was convicted mistakenly, there are more than 2,000 people behind bars in this country for crimes they didn't commit,” Kaplan said.

“We pride ourselves on the American system of justice, and we have much to be proud of. But we do not have a right to be smug or complacent. Our system of defending the poor is in a state of crisis in many parts of the country. We must respond to that crisis.”

Read the full text of Kaplan’s speech here. (The New York Law Journal, 05/06/2009)

Learn more about how inadequate defense contributes to wrongful convictions.




Tags: New York, Bad Lawyering

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New York Exonerees Call for Reform

Posted: June 18, 2009 4:25 pm

A group of New York exonerees and their families sent letters today to elected state officials urging them to take action this session to address the causes of wrongful conviction. A group of 13 exonerees sent a joint letter to lawmakers, writing:

Each one of us was convicted of serious felonies before DNA testing finally proved our innocence. We are from every part of New York State, and we served a combined 163.5 years – approximately 59,677 days – in prison before we were exonerated.

We are living, breathing proof that New York’s criminal justice system has failed again and again. Our cases show how the system is falling short and how it can be fixed.

The injustice we endured is compounded by knowing that reforms have not been adopted to prevent this from happening to other people. You can change that. A series of common-sense reforms would make our justice system more fair, accurate and reliable. These reforms would help law enforcement identify and apprehend true perpetrators of crime, while protecting other innocent people from wrongful convictions.
Read the letters here.

Also this week, New York State Bar Association President Michael E. Getnick urged state lawmakers to establish a commission on the provision of quality defense services in the state.





Tags: Bad Lawyering

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Deadline Extended: Help Us Pay for DNA Testing

Posted: September 24, 2009 2:05 pm

We have been honored and moved by the strong interest in our campaign this month to raise funds for client DNA testing. We deeply appreciate the generosity of hundreds of people from all over the world who have given so far this month. It is thanks to your support that we are able to free the innocent.

We have just $5,470 to go in order to reach our goal of $25,000 and we think we can make it. That’s why we extended the deadline to September 30. For one more week, you can donate here and 100% of your gift will go to support DNA testing.

Spreading the word about this work is critical as well - click here to post this campaign to Facebook and here to post on Twitter.

Thank you from all of us at the Innocence Project.



Tags: False Confessions, Unvalidated/Improper Forensics, Informants/Snitches, Bad Lawyering, Government Misconduct, Eyewitness Misidentification

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Public Defense and Wrongful Conviction

Posted: December 1, 2009 5:50 pm

Many of the 245 people exonerated through DNA testing were represented at their original trial by public defenders or appointed attorneys who were underfunded, overburdened, in over their heads, or all of the above.

And the threat of wrongful convictions caused by bad lawyering isn’t an issue of the past. A new report from the U.S. Bureau of Justice Statistics finds public defense offices around the country stuggling to stay above water – even before the recession took hold in 2008. Today, states and counties are facing budget cuts that could compromise the quality of representation and contribute to more wrongful convictions.

An editorial in the Detroit Free Press today calls of the Michigan Legislature to address the state’s inadequate indigent defense system, which is 44th in the country in spending, through a package of bills introduced last month. The paper writes:

An effective public defense system will save money by reducing wrongful-conviction lawsuits, keeping innocent people out of prison and making sure defendants who can't afford counsel don't get unjustifiably long sentences.

…In calling attention to Michigan's abysmal public defense system, U.S. Attorney General Eric Holder recently cited the wrongful conviction of Eddie Joe Lloyd, who served 17 years in prison for a murder and rape he didn't commit. Lloyd's appointed attorneys failed to investigate, or even cross-examine police about, Lloyd's false confession. As Holder pointed out, Lloyd's imprisonment and appeals cost Michigan nearly $1 million, not including the $4-million civil judgment Lloyd later won for his wrongful conviction.

Legislators ought to remember cases like Lloyd's as they consider overdue bills to fix Michigan's morally indefensible and economically shortsighted system for public defense.

Other states are facing similar burdens. Over the weekend, a Kentucky county learned that it must cut 30 percent of its budget for next year and an Indiana county announced that it was cutting several attorney and support staff positions.

Read more about bad lawyering and wrongful convictions here.



Tags: Bad Lawyering

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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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Injustice and Bad Defense

Posted: July 1, 2010 6:21 pm

Attorney General Eric Holder has been calling on states — and individual attorneys — to do what they can to address the problem.  "In some parts of the country, the primary institutions for the delivery of defense to the poor — I'm talking about basic public-defender systems — simply do not exist," he recently told a group of North Carolina lawyers.

And while the economic situation remains dire for many states, some are taking action to address foundering public defense systems. On June 9, the Texas Task Force on Indigent Defense approved over $2.5 million in new funding to Texas counties for the purpose of improving their indigent defense systems. The new programs are scheduled to begin this fall.

Similar attempts in Nevada have been less successful, where a high court commission tasked with identifying and solving problems in the state’s indigent defense system has been prevented from doing so because of discrepancies between the public defender’s and the District Attorney’s recorded number of cases. The squabbling has prevented the commission from making progress on its original mission to reform indigent defense in Nevada.

It’s all too easy to see how bad defense, indigent and otherwise, can lead to wrongful convictions. Read more about bad lawyering and wrongful convictions here, and review examples of DNA exonerations involving lawyers who fell short of providing a thorough defense of an innocent client.




Tags: Bad Lawyering

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Friday Roundup: Independence and Freedom

Posted: July 2, 2010 1:43 pm

New York exoneree Anthony Capozzi settled a lawsuit against the state for $4.25 million for the two decades he spent in prison after he was wrongfully convicted of raping two women in 1987.  He was exonerated in 2007.

Florida’s new Actual Innocence Commission is taking shape, as Innocence Project of Florida Executive Director Seth Miller writes on the group’s blog.

Two crime labs that Georgia had slated to close will stay open to ensure that investigations are unhindered, the Associated Press reported today.




Tags: Anthony Capozzi, Bad Lawyering

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Improving Counsel for Indigent Defendants

Posted: May 24, 2011 1:24 pm

The editorial argues that Michigan could improve the way poor defendants are represented by following Macomb County’s system, which restricts complex murder cases to veteran lawyers.  Macomb County also appoints attorneys with mid-level experience to cases in which a defendant can receive between five and 20 years in prison.

Macomb Circuit Judge David Viviano said that attorneys are assigned on a rotating basis and are informally reviewed by the judges.  If the judges are not satisfied with a lawyer’s performance, the list can be changed.


But ultimately, it's up to the state to set high standards to assure that all indigent defendants are adequately defended and that their attorneys have the necessary resources. Lawmakers and Gov. Rick Snyder should set that as a goal to attain as state revenues improve.


Read the full article.

Read the Innocence Project Report: Court Findings of Ineffective Assistance of Counsel

Read more about bad lawyering.

Read about Eddie Joe Lloyd’s case.




Tags: Michigan, Eddie Joe Lloyd, Bad Lawyering

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Symposium to Explore Issue of Inadequate Defense

Posted: March 26, 2012 5:30 pm





Tags: New York, Bad Lawyering

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New York State Leaders and Lawmakers Call for Better Indigent Defense

Posted: March 19, 2013 4:45 pm





Tags: New York, Bad Lawyering

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Documentary Spotlights Bad Lawyering

Posted: March 20, 2013 3:55 pm





Tags: Eddie Joe Lloyd, Bad Lawyering

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