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<title>Innocence Blog</title>
<description>Innocence Blog</description>
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<title>Friday Roundup: Seeking New Trials</title>
<pubDate>Fri, 21 Nov 2008 15:01:00 EST</pubDate>
<description><![CDATA[<p>Lots of case news and events around the U.S. to cover this week:</p><p>Innocence Project client Anthony Wright has been in Pennsylvania prison for 15 years for a murder he has always said he didn't commit. He is seeking DNA testing on evidence in the case, but the Philadelphia District Attorney is fighting his requests for testing and courts have denied his appeals. This week, the <a href="http://www.philly.com/inquirer/currents/20081116_Editorial__DNA_Testing.html  " target="_blank">Philadelphia Inquirer said "the best and only way to resolve the dispute is to proceed with the DNA test.</a>" </p><p>DNA tests in the Norfolk Four case have already implicated the real perpetrator of the crime, but three men who say they had nothing to do with the murder are still behind bars. More than two dozen FBI agents called for a pardon last week, and the <a href="http://www.nytimes.com/2008/11/17/opinion/17mon3.html?_r=3&amp;oref=slogin  " target="_blank">New York Times joined them this week</a>. </p><p>A federal appeals court will hear arguments in the case of Troy Davis on December 9, and former FBI Director <a href="http://www.ajc.com/opinion/content/opinion/stories/2008/11/18/sessionsed_1118.html" target="_blank">William Sessions wrote in the Atlanta Journal-Constitution</a> this week that Davis deserves another day in court.<br /><br />Police interrogation of juveniles was in the news this week, with the high-profile case of an eight-year-old boy charged with shooting his father and a neighbor. Prosecutors released the videotaped interrogation of the boy, and <a href="http://www.cnn.com/2008/CRIME/11/19/boy.confession.tactics/" target="_blank">experts around the world are saying</a> that the police procedure in questioning an eight-year-old without a parent or lawyer was inappropriate.<br /><br />A federal appeals court yesterday <a href="http://www.azcentral.com/news/articles/2008/11/20/20081120temple-confession1120-ON.html" target="_blank">tossed out the conviction</a> of a man found guilty in 1994 of killing nine people at a Buddhist temple in Arizona. Jonathan Doody was 17 when arrested, and his conviction rested on his alleged confession after 12 hours of interrogation. </p><blockquote>&quot;In short,&quot; the ruling says, &quot;Doody paints an overall picture of downplayed warnings, a softly induced waiver of rights and conduct conveying the message that Doody would not be left alone until he confessed, all targeted at an unsavvy, increasingly sleep-deprived teenager.&quot;<br /></blockquote><p>And innocence organizations around the world held events and rallies in the last week:<br /><br />The Center on Wrongful Convictions in Chicago celebrated its tenth anniversary. The group is one of the pioneers of the innocence movement and has exonerated dozens of wrongfully convicted Americans across the country. The Chicago Tribune calls the group the "<a href="http://www.chicagotribune.com/news/local/chi-exonerate_1116nov16,0,4737104.story" target="_blank">the heroes of the wrongfully convicted</a>."  Watch a video looking back at the Center's incredible <a href="http://www.youtube.com/watch?v=E_5bO82P9F0" target="_blank">first 10 years here</a>.<br /><br />William &amp; Mary held its <a href="http://robbecomesalawyer.blogspot.com/2008/11/first-annual-innocence-symposium.html" target="_blank">first annual Innocence Symposium</a> and students from the University of Bristol Innocence Project in the United Kingdom <a href="http://media-newswire.com/release_1079495.html" target="_blank">took to the streets</a> to educate the public about the problem of wrongful convictions.<br /><br />Finally, we extend a warm welcome to the <a href="http://www.mtinnocenceproject.org/" target="_blank">Montana Innocence Project</a>, which opened its doors this year.<br />   </p>]]></description>
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<title>A Mohammad Ali Fight and a Wrongful Conviction</title>
<pubDate>Thu, 20 Nov 2008 15:40:00 EST</pubDate>
<description><![CDATA[  <p>Students and attorneys at the Medill Innocence Project and the Center on Wrongful Convictions, both affiliated with Northwestern University, have uncovered evidence that could uncover a 1981 wrongful murder conviction. <br /><br />Anthony McKinney was convicted of shooting a security guard on Sept. 15, 1978, the night Mohammad Ali defeated Leon Spinks for the heavyweight championship. McKinney was 18 at the time, and says he signed a false confession after police beat him with pipes.<br /><br />Two witnesses, ages 15 and 18, allegedly told police they had seen McKinney kill the victim, shortly after the 10th round of the Ali fight. But the victim was dead, and the police had been called, before the fight reached the 9th round. Both witnesses have also said that police coerced them to testify against McKinney. Attorneys at McKinney's trial knew about evidence pointing to other perpetrators, but the jury never heard it.</p><blockquote><p>The journalism students were working on McKinney&#39;s case under the direction of David Protess, director of the Medill School of Journalism Innocence Project.</p></blockquote><blockquote><p>&quot;Anthony&#39;s plight is about the most tragic I&#39;ve ever seen,&quot; Protess said. &quot;He not only has been locked up for almost two-thirds of his life for a crime he did not commit, but the actual perpetrators were known right from the start.&quot;</p><p><a href="http://www.suntimes.com/news/1290266,CST-NWS-newtrial20b.article" target="_blank">Read the full story here</a>. (Chicago Sun-Times, 11/20/08)</p></blockquote><p>Read more about the case at the <a href="http://www.medillinnocenceproject.org/" target="_blank">Medill Innocence Project website</a>. </p><p> </p>    ]]></description>
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<title>225 Exonerated</title>
<pubDate>Thu, 20 Nov 2008 16:05:00 EST</pubDate>
<description><![CDATA[ Joseph White was added today to the Innocence Project's database of DNA exonerations in the U.S. He is the 225th person exonerated, and the first in Nebraska. There have been DNA exonerations in 33 states, and the exonerees have served a total of nearly 2,800 years.<br /><br />White and five co-defendants were convicted of a 1985 murder in Beatrice, Nebraska, and all six were cleared recently by DNA testing on evidence from the crime scene, which points to a man who was a suspect at the time of the crime. Law enforcement officials say they have "no doubt" the actual perpetrator committed the crime alone. White has been fully exonerated and the other five defendants are seeking pardons to clear their records. They will be included as DNA exonerees when their records are cleared.<br /><br />Involved in the wrongful conviction of these six defendants was the faulty forensic testimony of Joyce Gilchrist, an Oklahoma City Police Department lab analyst whose false statements have been involved in at least four other wrongful conviction cases. In this case, Gilchrist tested the blood of a likely suspect who had fled to Nebraska. She told Nebraska police that the suspect was excluded by the tests, but she was wrong. This suspect is the man now implicated by DNA tests.<br /><br />Read more about this case below, and stay tuned for updates.<br /><br />Beatrice Daily Sun: <a href="http://www.beatricedailysun.com/articles/2008/11/11/news/local/doc49199babc256e985336614.txt" target="_blank">Taylor released from prison</a><br /><br />Omaha World-Herald: <a href="http://www.omaha.com/index.php?u_page=2798&amp;u_sid=10487868">An opportunity led to 19 years spent in prison</a><br /><br />Associated Press: <a href="http://www.google.com/hostednews/ap/article/ALeqM5hxdoa0I5eyjIDrW1lgqOvB0-_WIAD94H9DF81">Exonerated inmates often don't have state help<br /></a><br />     ]]></description>
<link>http://www.innocenceproject.org/Content/1703.php</link>
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<title>Eleven Years Free</title>
<pubDate>Thu, 20 Nov 2008 17:32:00 EST</pubDate>
<description><![CDATA[<p>Eleven years ago today, Ben Salazar was pardoned by then-Governor George W. Bush, ending a five-year nightmare.<br /><br />Salazar became a suspect in a 1991 Austin rape because he had a tattoo similar to one the victim saw on the perpetrator. She identified him in a photo book, and serological testing on semen collected from the victim's body did not exclude Salazar as a suspect. <br /><br />Salazar later said: &quot;Before they took me to jail, they took me to their little office and tried to get me to confess to it. They wanted me to cop out to 20 years. I said, Not guilty, let&#39;s take this thing to trial.&quot;<br /><br />He was convicted at trial and sentenced to 30 years in prison. Immediately after the conviction, Salazar&#39;s family held garage sales and benefit barbeques to raise money for DNA tests. Although Salazar&#39;s attorney was able to secure a court order to preserve evidence for DNA testing in 1994, the Department of Public Safety was unable to locate it. Eventually, in the fall of 1996, blood and semen samples were found in a freezer. <br /><br />It took three rounds of DNA testing to obtain a profile that could identify the perpetrator, as DNA testing was not as advanced in the 1990s as it is today. The third round of tests determined that the semen from the rape kit did not match either the victim's husband or Salazar, and he was finally exonerated after serving five years in prison for a rape he didn't commit.<br /><br />Salazar is featured, along with 36 other people in Texas cleared by DNA testing after serving a combined 525 years, in a Texas Monthly profile of wrongful convictions in the state. <a href="http://www.texasmonthly.com/2008-11-01/multimedia6.php " target="_blank">Visit Texas Monthly's website for videos and more</a>.</p><p>Other exoneration anniversaries this week:<br /><br /><a href="http://www.innocenceproject.org/Content/156.php">Donald Wayne Good</a>, Texas (Served 13.5 Years, Exonerated 2004)<br /><br /><a href="http://www.innocenceproject.org/Content/64.php">Ronnie Bullock</a>, Illinois (Served 10.5 Years, Exonerated 1994)<br /><br />   </p>]]></description>
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<title>After 27 Years, Florida Man Walks Out of Prison</title>
<pubDate>Wed, 19 Nov 2008 14:20:00 EST</pubDate>
<description><![CDATA[<p> </p><p>After serving 27 years in Florida prison for a murder he says he didn't commit, William Dillon was freed last night in Florida on bond after a judge ordered a new trial in his case. He will wear an electronic monitoring bracelet and may face another trial in the case. <br /><br />The Innocence Project of Florida has worked on the case with Dillon's lawyers, who say DNA testing on a T-shirt from the crime scene proves Dillon's innocence. We'll post updates here on the Innocence Blog as the case develops.</p><blockquote><p>"Well I'll tell you what, we didn&#39;t think we&#39;d be living to see him come home," said Amy Dillon, William's mother. Dillon said he&#39;s not at all bitter about spending a large portion of his life in prison.</p><p>&quot;I&#39;m not going to sit here and dwell on anything that&#39;s missed or passed or anything.  I&#39;m just going to move ahead right now from this day forward,&quot; Dillon said.</p><a href="http://www.cfnews13.com/News/Local/2008/11/19/man_imprisoned_for_27_years_says_hes_not_bitter.html" target="_blank">Watch video of Dillon's release and press conference</a>. (Channel 13, Central Florida)</blockquote><p>Dillon&#39;s conviction was based partly on the testimony of dog handler John Preston, a retired Pennsylvania State Trooper whose methods have since been discredited. Preston was also involved in the wrongful conviction of <a href="http://www.innocenceproject.org/Content/84.php">Wilton Dedge</a>, an Innocence Project client who served 22 years in prison before he was exonerated by DNA testing in 2004.</p><p> </p><p> </p>  ]]></description>
<link>http://www.innocenceproject.org/Content/1698.php</link>
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<title>Study Finds Few Texas Police Departments Have Written Eyewitness Procedures</title>
<pubDate>Wed, 19 Nov 2008 15:45:00 EST</pubDate>
<description><![CDATA[A new study released today by the Justice Project found that only 12% of Texas law enforcement agencies responding to a survey said they had written policies for lineup procedures. Nearly 75% of the 1,034 agencies in the state answered the survey.<br /><br />From the report: <br /><blockquote>This overall lack of sound, scientifically-based policy indicates that the State of Texas must pass legislation that requires departments to adopt written policies that implement best practices for the conduct of eyewitness identification procedures.<br /><a href="    http://www.thejusticeproject.org/wp-content/uploads/texas-eyewitness-report-final2.pdf  " target="_blank"><br />Download the full report here</a>.<br /></blockquote>The Innocence Project recommends that law enforcement agencies develop written identification procedures based on practices shown in scientific study to reduce the number misidentifications. <a href="http://www.innocenceproject.org/fix/Eyewitness-Identification.php">View our recommendations here</a>.<br /><br />Blogs covering the report today:<br /><br /><a href="http://gritsforbreakfast.blogspot.com/2008/11/study-88-of-texas-police-and-sheriffs.html" target="_blank">Grits for Breakfast<br /></a><br />Dallas Morning News - <a href="http://blogs.dallasobserver.com/unfairpark/2008/11/eyewitness_news_surprise_most.php" target="_blank">Unfair Park</a><br /><br />   ]]></description>
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<title>City of Boston Seeks to Remove Judge from Civil Suit</title>
<pubDate>Tue, 18 Nov 2008 15:25:00 EST</pubDate>
<description><![CDATA[<p><a href="http://www.innocenceproject.org/Content/70.php">Ulysses Rodriguez Charles</a>, who was exonerated in 2001 after serving 17 years in Massachusetts prison for a rape he didn't commit, is facing deportation by U.S. immigration authorities at the same time his wrongful conviction civil suit against the city of Boston is pending. <br /><br />And now lawyers for the city want U.S. District Court Judge Nancy Gertner to recuse herself from the case, saying that she showed "deep-seated favoritism and antagonism" in comments she made alleging that the city may have worked with immigration officials to deport Charles before his April civil trial.But Charles said last week that Gertner&#39;s comments were &quot;extremely intuitive&quot; and that the city is simply &quot;judge shopping.&quot;</p><blockquote><p>&quot;I think they want it to be biased, and they see that she&#39;s fair,&quot; Charles, 58, said from his mother&#39;s house in the South End. &quot;They thought they would get a judge who&#39;s pro-government because I&#39;m suing the government. But she&#39;s extremely familiar with the underhanded tactics of the Boston Police Department.&quot;</p><a href="http://www.boston.com/news/local/articles/2008/11/17/hub_seeks_federal_judges_recusal_citing_favoritism/?page=full " target="_blank">Read the full story here</a>. (Boston Globe, 11/17/08)<br /></blockquote><p> </p>]]></description>
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<title>No Compensation for Six Prisoners Cleared in Nebraska</title>
<pubDate>Tue, 18 Nov 2008 15:50:00 EST</pubDate>
<description><![CDATA[<p>Three people freed recently in Nebraska after serving 20 years in prison for a murder they didn't commit will take on the challenge of building a new life without financial support or services from the state.</p><p>Thomas Winslow, Joseph White and JoAnn Taylor were cleared in recent weeks in Nebraska after DNA testing pointed to another man in the 1985 murder for which they were convicted. Three other co-defendants were released from prison in 1994 after serving their complete sentences.(The Innocence Project is currently reviewing the cases of all six defendants to determine whether they can be included in our database of DNA exonerations nationwide.) </p><p>Nebraska is one of <a href="http://www.innocenceproject.org/news/LawView1.php">25 states</a> without an exoneree compensation law, so there are no state services available to the exonerated.</p><p>Innocence Project spokesman Eric Ferrero said compensation for wrongful convictions is needed because re-entering society after serving prison time is difficult, even with an exoneration.</p><blockquote><p>&quot;Some people don&#39;t have family support or any network of supports when they get out,&quot; he said. &quot;They often get out with no money, no job experience - other than prison jobs - and they often lack the skills to get reintegrated into society and rebuild their lives.&quot; </p><p><a href="http://www.google.com/hostednews/ap/article/ALeqM5hxdoa0I5eyjIDrW1lgqOvB0-_WIAD94H9DF81 " target="_blank">Read the full story here</a>. (Associated Press, 11/18/08)<br />   </p></blockquote>]]></description>
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<title>The Exonerator</title>
<pubDate>Mon, 17 Nov 2008 13:45:00 EST</pubDate>
<description><![CDATA[<p>A profile of Dallas District Attorney Craig Watkins in the Wall Street Journal this weekend examined his role in exonerating innocent prisoners from Dallas County. More wrongful convictions have been overturned since 2001 in Dallas County than anywhere else in the U.S. during that time, and Watkins has taken an active role in reviewing questionable convictions through his new Conviction Integrity Unit.<br /><br />Of course, Watkins' approach has its critics as well, who call him &quot;a criminal-loving DA, a hug-a-thug DA.&quot; But Innocence Project Co-Director Barry Scheck told the Journal that Watkins' openness to pursue claims of innocence often helps find the real perpetrator in these cases and create leads in other cold cases.</p><blockquote><p>&quot;Many times, you bring these cases to district attorneys and they say, &#39;You can&#39;t go see my file. I won&#39;t do anything.&#39; There&#39;s a knee-jerk reluctance to revisit anything,&quot; says Barry Scheck, co-director of the Innocence Project. He thinks this will eventually change, and that Dallas County&#39;s aggressive approach will serve as a model for others. &quot;Watkins takes the view that if he can correct a wrongful conviction, that&#39;s a good thing.&quot;</p><p><a href="http://online.wsj.com/article_email/SB122669736692929339-lMyQjAxMDI4MjE2NjYxOTY3Wj.html#articleTabs%3Darticle " target="_blank">Read the full story here</a>. (Watt Street Journal, 11/15/08)</p></blockquote>]]></description>
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<title>DNA Testing Leads to New Trial in Florida</title>
<pubDate>Mon, 17 Nov 2008 13:55:00 EST</pubDate>
<description><![CDATA[William Dillon, who has served 27 years in Florida prison for a murder he has always said he didn't commit, will get a new trial. Dillon, along with his attorneys and the Innocence Project of Florida, obtained DNA testing on a bloody T-shirt from the crime scene that was used to convict him. The DNA profiles developed from evidence on the T-shirt matched the victim and other unidentified individuals, but excluded Dillon. A judge threw out Dillon's conviction on Friday and a bond hearing is set for Tuesday. <br /><blockquote>&quot;We are just exhilarated. It&#39;s a new chapter now,&quot; said Dillon&#39;s brother, Joe, of Palm Bay. &quot;The whole family is really excited.&quot;<br /><br /><a href="http://www.orlandosentinel.com/news/local/state/orl-dillon1508nov15,0,5164880.story " target="_blank">Read the full story here</a>. (Orlando Sentinel, 11/15/08)<br /></blockquote><a href="http://www.floridainnocence.org/home1.html" target="_blank">Read more on the Innocence Project of Florida website</a>.<br /><br />   ]]></description>
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<title>Texas Senator Introduces Legislation To Prevent Wrongful Convictions</title>
<pubDate>Fri, 14 Nov 2008 16:15:00 EST</pubDate>
<description><![CDATA[ Texas State Senator Rodney Ellis has said  that in the 2009 term he would introduce legislation to reform eyewitness identification procedures, and this week he did just that. On Monday, Senator Ellis (who also serves as the Innocence Project Board Chairman) submitted three key pieces of legislation to improve the criminal justice system in Texas, and prevent further wrongful convictions.<br /><br /><a href="http://statescape.com/ssBillText/TX2009/TX_2009_SB_000115_Current_3905.htm" target="_blank">SB 115</a> would create an Innocence Commission to investigate the causes of wrongful convictions in Texas, and propose solutions to prevent similar injustices.  <a href="http://statescape.com/ssBillText/TX2009/TX_2009_SB_000116_Current_5061.htm" target="_blank">SB 116</a> would require the videotaping of custodial interrogations, which greatly reduce the possibility of false confessions and, perhaps most importantly, provide judges and juries with the best evidence of what transpired during an interrogation. <a href="http://www.legis.state.tx.us/tlodocs/81R/billtext/html/SB00117I.htm" target="_blank">SB 117</a> requires police departments to adopt eyewitness identification procedures that are proven by research and experience to minimize the possibility of eyewitness misidentification, and to also commit those eyewitness identification procedures to writing. <br /><br />An investigative report by the <a href="http://www.dallasnews.com/sharedcontent/dws/spe/2008/dna/" target="_blank">Dallas Morning News</a> in October showed that faulty eyewitness testimony played a major role in 18 of the 19 Dallas County wrongful convictions proven by post-conviction DNA testing. Praising The Dallas News and maintaining the need for these reforms, Senator Ellis wrote:<br /><blockquote>As evidenced by The Dallas News&#39; series...which did the state a great service by investigating the causes of Dallas County&#39;s 19 DNA exonerations, eyewitness identification procedures must be overhauled, with the goal of making evidence as reliable as possible. Under my proposal, police departments must adopt procedures based on science and proven best practices and train detectives in these methods.<br /></blockquote><p>Eyewitness identification reform is being embraced in municipalities, counties, and states across the country, but there is still a long way to go before the most accurate eyewitness identification practices are standard practice. These bills in Texas, and other reforms set to be introduced across the country in 2009, are a sign that critical reforms to aid law enforcement and prevent wrongful convictions could be on the horizon.<br /><br /><a href="http://www.innocenceproject.org/fix/Priority-Issues.php">Learn more about the Innocence Project's recommended policy reforms here</a>. </p>]]></description>
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<title>Eight years free</title>
<pubDate>Fri, 14 Nov 2008 16:52:00 EST</pubDate>
<description><![CDATA[ <p><img src="http://www.innocenceproject.org/Images/blog/Robinson_A.jpg" alt="" hspace="10" vspace="10" align="left" /> Anthony Robison spent ten years in prison for a rape he did not commit and thirteen years fighting for the DNA testing that would finally exonerate him. Today marks the eighth anniversary of his exoneration. <br /><br />On the day of the crime, Robinson was picking up a car for a friend at the University of Houston. University police blocked his car and accused him of raping a woman. According to the victim, her attacker was a black man wearing a jacket. Despite the victim stating the perpetrator had a moustache, which Robinson did not, he was brought in for questioning. No physical evidence linked him to the crime. Based solely on the victim's testimony, Robinson was sentenced to 27 years in 1987. When reflecting on how he felt at the time of his wrongful conviction, Robinson said, "It was not so much the fear of imprisonment. It wasn't so much the fear of what was going to happen. Everything that I had lived for, everything that I had done had been boiled down to - we think you're a rapist with no evidence whatsoever other than your skin and someone saying you did this."<br /><br />After serving ten years of his sentence, he was paroled and began raising funds to obtain DNA testing on the evidence used in his trial. He saved $1,800 through working jobs such as an order clerk at a local oil field supply company and other temporary jobs. Although he was a college graduate and a former Army officer, his status as a registered sex offender excluded him from higher paying jobs. Robinson hired an attorney, Randy Schaffer, and obtained access to DNA testing on evidence in his case. The results proved what he had known all along - another man had committed the crime.<br /><br />On November 14, 2000, Governor George W. Bush pardoned Robinson. Since his exoneration, Robinson has spoken to lawmakers and the media, playing a key role in the passage of a law in Texas compensating the wrongfully convicted after their release. <br /><br />Robinson went on to graduate from the Thurgood Marshall School of Law at Texas Southern University, and currently works in international law. </p><p>While Robinson worked on parole in order to pay for DNA testing, many others are unable to pay for the expensive tests. <a href="https://secure2.convio.net/ip/site/Donation2?idb=1051051582&amp;df_id=1160&amp;1160.donation=form1&amp;JServSessionIdr012=9o0rlaqm03.app5a" target="_blank">Make a donation today to help the Innocence Project pay for DNA testing for our current client</a><a href="https://secure2.convio.net/ip/site/Donation2?idb=1051051582&amp;df_id=1160&amp;1160.donation=form1&amp;JServSessionIdr012=9o0rlaqm03.app5a" target="_blank">s</a>. <br /><br /><strong>Other exoneration anniversaries this week:</strong><br /><br /><a href="http://www.innocenceproject.org/Content/267.php">David Brian Sutherlin</a>, Minnesota (Exonerated 2002)<br /><br /><a href="http://www.innocenceproject.org/Content/160.php">Paula Gray</a>, Illinois (Served 9 years, Exonerated 2002)<br /><br /><a href="http://www.innocenceproject.org/Content/242.php">Donald Reynolds</a>, Illinois (Served 9.5 years, Exonerated 1997)<br /><br /><a href="http://www.innocenceproject.org/Content/280.php">Billy Wardell</a>, Illinois (Served 9.5 years, Exonerated 1997)<br /><br />   </p>  ]]></description>
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<title>Friday Roundup</title>
<pubDate>Fri, 14 Nov 2008 17:00:00 EST</pubDate>
<description><![CDATA[ Cases, causes and comments we didn't get to cover on the Innocence Blog during the week:<br /><br />At a Bar Foundation luncheon Wednesday in Memphis, Innocence Project Staff Attorney Craig Cooley <a href="http://www.memphisdailynews.com/editorial/Article.aspx?id=39479" target="_blank">talked about the importance of preserving biological evidence</a>: <br /><blockquote>"They can't find any of the evidence," Cooley told those at the luncheon who included prosecutors as well as criminal court judges. "I have five cases in Shelby County. In two cases, we found it. In three cases, we can't find anything. ... Evidence preservation is a huge issue that we are trying to change."<br /></blockquote>The need for preserving evidence is clear: DNA testing has helped police solve cold cases and also helps to exonerate the innocent. But news from crime labs this week also shows the importance of forensic oversight and funding.<br /><br />Last month, we learned that the Los Angeles Police Department had 7,000 untested rape kits. This week, the<a href="http://www.pe.com/ap_news/California/CA_Rape_Kits_368743C.shtml" target="_blank"> LA County Sheriff's Office acknowledged that it has another 5,600 untested rape kits</a>. Human Rights Watch estimates that some <a href="http://www.latimes.com/news/science/la-me-backlog9-2008nov09,0,76082,full.story" target="_blank">400,000 rape kits could be awaiting tests nationwide</a>. Meanwhile, the federal government has cut spending aimed at reducing backlogs. A <a href="http://www.nytimes.com/2008/11/10/opinion/10mon2.html?ref=opinion" target="_blank">New York Times editorial</a> on Monday called on federal lawmakers to act immediately to address these backlogs.<br /><br />William Dillon, who has been in Florida prison for more than two decades for a murder he says he didn't commit, will have another day in court on Tuesday. Dillon's attorneys, working with the Innocence Project of Florida, say new DNA testing proves his innocence, and <a href="http://www.wftv.com/news/17964620/detail.html#-" target="_blank">will present this evidence to a judge at Tuesday's hearin</a>g.<br /><br />Attorneys at the Downstate Illinois Innocence Project got a bill this week for $37.78 from the Sangamon County Sheriff's Office, for documents and recordings in the case of Thomas McMillen. The sheriff's office had originally said the copies would cost $700, but media reports pointed out that state law requires public agencies to charge only actual reproduction costs for information requests. <a href="http://www.sj-r.com/homepage/x776441182/Sheriff-knocks-90-percent-off-copy-bill-for-Innocence-Project" target="_blank">An editorial in the State Journal-Register says that this episode illustrates the need for Freedom of Information reform in the state</a>.<br /><br />The Texas State Legislature is considering reforms to enhance the jury experience statewide, and the Innocence Project of Texas submitted written testimony yesterday to the House Judiciary Committee on the topic. The testimony begins: <br /><blockquote>"While most of the discussion here today is likely to focus on payments to jurors for their time, jury recruitment and other such measures, we cannot forget that some of the worst juror experiences come not from waiting in long lines or losing time at work but participating, unknowingly, in the false conviction of an innocent person." <br /></blockquote>The testimony goes on to point out that reforms to prevent wrongful convictions also help juries function more effectively, because they all aim to get more accurate information to jurors. <a href="http://ipoftexas.org/innocence-reforms-would-enhance-jurors-experiences-and-help-prevent-the-worst-possible-one/" target="_blank">Read the full testimony here</a>. <br /><br />Also in Texas this week, Dallas District Attorney Craig Watkins was named one of Governing Magazine's Public Officials of the Year - and <a href="http://www.governing.com/poy/2008/watkins.htm" target="_blank">was featured on the magazine's cover</a>.<br /><br />     ]]></description>
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<title>Maryland Panel Calls for Repeal of Death Penalty</title>
<pubDate>Thu, 13 Nov 2008 13:16:00 EST</pubDate>
<description><![CDATA[Citing the risk of executing an innocent person and several other concerns with the administration of capital punishment, the Maryland Commission on Capital Punishment yesterday voted 13-7 to recommend repealing the state's death penalty. <br /><br />The panel was created by the legislature in May and Gov. Martin O'Malley appointed a wide range of legal experts and observers to review the state's practice of capital punishment and determine whether the death penalty is good public policy. Last night's vote came in advance of the presentation of a full report to the governor and legislature next month.<br /><br />Innocence Project Co-Director Barry Scheck testified before the panel in September, telling members that states with capital punishment risk executing the innocent because the root causes of wrongful convictions have not been remedied. DNA exoneree <a href="http://www.innocenceproject.org/Content/54.php">Kirk Bloodsworth</a> also testified, telling the panel that he is "living proof that Maryland gets it wrong."<br /><br />And commission chairman Benjamin Civiletti told the Washington Post why he voted to recommend abolishing capital punishment:<br /><blockquote>&quot;I don&#39;t have a firm opinion on the morality of the death penalty,&quot; said Civiletti, who served as attorney general under President Jimmy Carter (D) and was tapped by O&#39;Malley (D) last summer to lead the panel. But he said he opposed execution for &quot;pragmatic&quot; reasons, among them that &quot;it&#39;s haphazard in how it is applied.&quot;<br /><br /><a href="    http://www.washingtonpost.com/wp-dyn/content/article/2008/11/12/AR2008111202867.html  " target="_blank">Read the full story</a>. (Washington Post, 11/13/08)<br /></blockquote>]]></description>
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<title>Twenty Years Later, Man Faces Charges in Rape Case</title>
<pubDate>Thu, 13 Nov 2008 16:42:00 EST</pubDate>
<description><![CDATA[<p>Duane Foster is expected to be arrainged tomorrow in Connecticut for a kidnapping and rape he allegedly committed in 1988. It took 20 years for him to face these charges because another man - James Calvin Tillman - was in prison for the crime.<br /><br />Tillman served over 16 years for the crime before DNA testing finally proved his innocence and led to his exoneration in 2006. Prosecutors say the same DNA profile that proved Tillman's innocence points to Foster as the perpetrator. <br /><br /><a href="http://www.newsday.com/news/local/wire/connecticut/ny-bc-ct--dnaexoneration1113nov13,0,6567581.story " target="_blank">Read the full story here</a>. (Newsday, 11/13/08)<br /><a href="http://www.innocenceproject.org/Content/272.php"><br />Read more about James Tillman's wrongful conviction</a>.<br /><br />In 88 of the DNA exoneration cases, DNA tests have led to the identity of the real perpetrator. These perpetrators committed at least 74 additional violent crimes after an innocent person was convicted of their earlier crime. </p><p> </p>]]></description>
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<title>FBI Agents Call for Justice in Virginia Case</title>
<pubDate>Wed, 12 Nov 2008 16:10:00 EST</pubDate>
<description><![CDATA[<p>A group of more than two dozen retired FBI agents called on Virginia Gov. Tim Kaine this week to pardon four men who say they were wrongfully convicted of a murder in Norfolk in 1997. The men, known as the "Norfolk Four" say they falsely confessed to involvement in the rape and murder of a 19-year-old woman. Three of them are still behind bars today, thr fourth was released after serving his full sentence but he also seeks a pardon to clear his name. Another fifth man, whose DNA matches evidence from the crime scene, has since confessed to committing the crime alone. He is also in prison for the crime.<br /><br />The group of FBI agents sent a letter to Kaine in July, but they haven't received a reply. They held a press conference on Monday to announce their position. Jay Cochran, Jr, a 29-year FBI veteran and former commissioner of the Virginia State Police, is a leader of the group.</p><blockquote><p>&quot;They stand falsely convicted and imprisoned for a crime they did not commit,&quot; Cochran said. &quot;Our members are not bleeding hearts. We do not have an interest in the outcome. Our only interest is in serving the interests of justice.&quot; ...</p>Delacey Skinner, a Kaine spokeswoman, said Monday that the governor is &quot;committed to giving the case thorough and thoughtful consideration&quot; but has made no decision and has not established a deadline for doing so. Lawyers for three of the Norfolk Four, working for free on behalf of the Virginia Innocence Project, first filed clemency petitions ... when Mark Warner (D) was governor.<br />    <br /><a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/11/10/AR2008111002763.html" target="_blank">Read the full story here</a>. (Washington Post, 11/11/08)<br /></blockquote><p>Read more:<br /><br /><a href="http://www.time.com/time/nation/article/0,8599,1858171,00.html?imw=Y " target="_blank">The Disturbing Case of the Norfolk Four</a> (Time Magazine, 11/11/08)<br /><br />Visit <a href="http://www.norfolkfour.com" target="_blank">the Norfolk Four website</a> for a complete background on the case. </p>]]></description>
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<title>A Forensic Case Ignites the Blawgosphere</title>
<pubDate>Wed, 12 Nov 2008 17:05:00 EST</pubDate>
<description><![CDATA[Bloggers around the world are focused on forensics this week, after the U.S. Supreme Court heard oral argument Monday in the case of <em>Melendez-Diaz vs. Massachusetts</em>. The case turns on whether criminal defendants have a Constitutional right to cross-examine lab analysts that conducted forensic testing in their case. <br /><br />During oral arguments on Monday, Justice Stephen Breyer cited the friend-of-the-court brief filed by the Innocence Network, which argued that denying defendants the chance to challenge forensic evidence against them raised the chance of a wrongful conviction. <a href="http://www.innocenceproject.org/Content/1677.php ">Read more case details, and download the Innocence Network brief, here</a>.<br /> <br />Here's a sample of what bloggers are saying:<br /><br /><a href="http://www.scotusblog.com/wp/argument-analysis-as-kennedy-goes/" target="_blank">Lyle Denniston writes at the SCOTUS Blog</a> that this case, like so many others, could swing on the vote of Justice Anthony M. Kennedy:<br /><blockquote>The case, at its core, is simple: is a crime lab report a form of testimony, so that the prosecution may not use it at trial to buttress its case unless the technician or chemist who prepared it is at the trial to defend the test results under cross-examination?<br /><br />Kennedy initially saw a potential problem if the Court were to answer yes to that question.  He foresaw "a very substantial burden" on the prosecution and on the courts, and told counsel advocating for confrontation that he was significantly underestimating the impact.  But, as the hearing moved along, Kennedy saw as "a very important point" that California has not experienced such a burden and "gets along all right" with summoning lab analysts to the stand with some frequency. He faulted the two lawyers arguing against confrontation for lacking a rationale that would keep the prosecution's use of unexamined lab reports in check.<br /></blockquote><a href="http://rantsofapublicdefender.blogspot.com/2008/11/you-have-right-to-confront-your-accuser.html" target="_blank">Preaching to the Choir</a> writes that this case "ought to be a no-brainer":<br /><blockquote>The 6th Amendment protects the right of criminal defendants to confront their accusers. It&#39;s obvious that an eyewitness who will testify he saw you commit the crime is an accuser as is the police officer who found the baggie of white powder in your coat pocket. But what about the lab tech who tested that white powder and decided it was cocaine? Well, isn&#39;t the person who says the stuff you had is illegal just as much of an accuser as the person who says you had it? Like I said, it seems pretty obvious to me.<br /></blockquote>And <a href="http://gritsforbreakfast.blogspot.com/2008/11/pragmatism-vs-confrontation-frames.html" target="_blank">Scott Henson at Grits for Breakfast</a> points out that Justice Antonin Scalia was the most ardent supporter of requiring analysts to testify:<br /><blockquote>Justice Scalia was the most ardent champion of requiring confrontation, reports Denniston, while the main concerns were pragmatic: Would the requirement overburden crime labs that in most cases (as in Texas) already experience significant backlogs? Even so, Scalia agreed with the argument put forward by Melendez-Diaz&#39;s attorney, as quoted in USA Today:<br /><blockquote>&quot;Introducing forensic laboratory reports (without live witnesses) is the modern equivalent of trial by affidavit,&quot; said Stanford University law professor Jeffrey Fisher, representing Luis Melendez-Diaz<br /></blockquote></blockquote>And Steve Hall of the StandDown Texas Project <a href="http://standdown.typepad.com/weblog/2008/11/melendez-diaz-v-massachusetts-no-07-591.html" target="_blank">summarized more coverage from blogs and some mainstream media outlets</a>.<br /><br /> ]]></description>
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<title> Crime Labs Suffer Under Backlogs and Budget Crunches, Help on the Way</title>
<pubDate>Mon, 10 Nov 2008 16:30:00 EST</pubDate>
<description><![CDATA[ Towns and cities in Arizona are refusing to pay the state for forensic tests that used to be done for free. After the Arizona state legislature cut the state crime lab's budget by half in July, lab officials announced that they would bill law enforcement departments for forensic tests, hoping to collect $2.5 million this fiscal year. But law enforcement officials say they <a href="http://www.tucsoncitizen.com/daily/local/101815.php" target="_blank">can't afford the fees for testing</a>.<br /><blockquote>Police in Douglas, a border town in southeastern Arizona, owe about $23,000 in lab fees. To pay the Department of Public Safety would mean Douglas police could not hire an officer or buy a squad car, Chief Alberto Melis said. The department has four vacancies.</blockquote><blockquote>Melis of Douglas said, &quot;For me to come up with this money, I&#39;m going to have to do without something. In a profession where 95 percent of your cost is personnel, I might not be able to hire somebody.&quot;<br /></blockquote><p>Officers in Payson, Arizona, said they are sending less evidence for testing, which is slowing down investigations.  </p><blockquote><p>Detective Matt Van Camp said he uses every aspect of the crime lab, from firearm testing to its criminalists.</p><p>"We used to send everything, but now we have to screen what we send out automatically," Van Camp said. "This limits the tools available for the prosecutor and police."</p><p>Prosecutors may now have to decide if they want to go to trial before they have the necessary evidence in hand.</p><p>"This makes the prosecutor's job harder," he said. "Crime labs also prove people innocent, not just guilty."</p><p><a href="http://www.paysonroundup.com/news/2008/nov/04/budget_limits_evidence_tests/" target="_blank">Read the full story here</a>. (Payson Roundup, 11/4/08)</p></blockquote><p>Lab backlogs are hurting police investigations in Texas, as well. Results from state labs can take months. </p><blockquote><p>Williamson County District Attorney John Bradley explains that in today&#39;s &#39;CSI world&#39; where jurors see scientific evidence easily gleaned from most crime scenes in TV dramas, they expect to see the same in court cases. But because there are so many requests for testing, and too few state technicians to keep up with demand, he says, &quot;When you ask for DNA testing and results, you&#39;re buying in to a six month to one year delay in your case.&quot;</p><p><a href="http://www.keyetv.com/content/news/topnews/story.aspx?content_id=b84a446b-da6a-4d99-996d-7696f6a1612a" target="_blank">Read the full story here</a>. (Key TV, 11/06/08)</p></blockquote><p><br />Federal assistance should help to defuse the crisis somewhat in Arizona and Texas. The two states, along with Washington, Kentucky and Virginia, recently received a combined $7.8 million in grants from the U.S. Department of Justice to help with DNA testing in serious felony cases. The DOJ's grant program requires states to comply with standards for storage and testing of evidence, and also to significantly reduce backlogs through improved training and technology. <a href="http://www.govtech.com/gt/articles/417953" target="_blank">Read more about the DOJ grant program here</a>.   </p><p> </p>  ]]></description>
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<title>Preservation Statutes Urged in New Jersey and Ohio</title>
<pubDate>Fri, 07 Nov 2008 16:05:00 EST</pubDate>
<description><![CDATA[DNA testing has changed the American criminal justice system forever - helping to exonerate the wrongfully convicted and solve cold cases.  But DNA tests can only be conducted if evidence is saved. As two articles this week noted, evidence preservation laws around the country have lagged behind advances in DNA testing technology and opportunities for justice are routinely - and tragically - destroyed.<br /><br />Jim McCloskey of Centurion Ministries told the New Jersey-Star Ledger this week about the case of Louis Thomas, who was convicted of a murder and rape he said he didn't commit.. McCloskey investigated the case and began to believe that Thomas was wrongfully imprisoned, only to learn that biological evidence in Mr. Thomas's case - and many others - had not been preserved.<br /><blockquote>'A month before I came into the case and 27 years after the crime, the evidence custodian had  petitioned the district attorney to destroy the evidence in 100 old cases, including our guy's,' McCloskey said.<br /></blockquote>Advanced technology allows the Innocence Project and others to conduct tests in cases that are decades old, but countless innocent people will never get a chance at DNA testing because evidence in their case has been discarded. <br /><br />New Jersey does not have a state law requiring the preservation of evidence. Decisions about the destruction of evidence are therefore left to the police or prosecutors in each local jurisdiction.  <br /><br />New Jersey Assemblyman Gordon M Johnson wants to see this changed and has introduced legislation that will require biological evidence from crime scenes to be preserved for a defendant's lifetime. And Innocence Project Staff Attorney Vanessa Potkin pointed out that many Innocence Project cases are closed because biological evidence has been lost or destroyed.<br /><blockquote>&quot;In any type of civilized society based on fairness and justice, it&#39;s inconceivable that states are allowed to throw away evidence while a person is still in prison,&quot; Potkin said.<br /></blockquote><blockquote><a href="http://www.nj.com/news/ledger/topstories/index.ssf/2008/11/njs_lack_of_rules_for_storing.html" target="_blank">Read the full story here</a>. (Newark Star-Ledger 11/03/08)<br /></blockquote>And an editorial this week in the Cleveland Plain Dealer urges state lawmakers to pass House Bill 218, which was proposed this summer to require the &quot;collection, maintenance, preservation and analysis of DNA specimens."  The Plain Dealer cites the case of <a href="http://www.innocenceproject.org/Content/236.php">Brian Piszczek,</a> who was released in 1994 after DNA testing proved he didn&#39;t commit the rape that put him behind bars for three years. In Piszczek's case, the city of Brook Park did not preserve the samples from the crime, but the California lab involved in Piszczek&#39;s case had saved the samples for testing.<br /><blockquote>Ohio has the technological tools to help victims and put away dangerous criminals. It just has to find the will to use them.<br /></blockquote><a href="http://www.cleveland.com/editorials/plaindealer/index.ssf?/base/opinion/1225704668260500.xml&amp;coll=2" target="_blank">Read the full editorial here</a>. (Cleveland Plain Dealer, 11/03/08)<br /><br />Does your state have an evidence preservation statute? <a href="http://www.innocenceproject.org/news/LawView4.php">Find out here</a>.<br />]]></description>
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<title>A Case for Compensation in Nebraska</title>
<pubDate>Fri, 07 Nov 2008 16:15:00 EST</pubDate>
<description><![CDATA[Nebraska State Senator Ernie Chambers this week on called on lawmakers to consider passing a law compensating the wrongfully convicted after their release. Chambers told the Omaha World-Herald this week:<br /><blockquote>"It's an issue of fairness, when the state wrongfully jails someone, it should compensate that person for the loss of their freedom. Simple justice would indicate that something ought to be done for someone who's gone through this."<br /></blockquote>Chambers is leaving office at the end of this year, but he said he would ask another Senator to introduce legislation in 2009 to address compensation. Lawmakers in Nebraska would have to consider issues such as who qualifies as exonerated, how much compensation is fair, and what process needs to be done to obtain it. Chambers' proposal comes on the heels of the release of Thomas Winslow and Joseph White, who were cleared by DNA testing last month. They were the first defendants in Nebraska history freed due to DNA testing, but their exonerations aren't yet official.<br /><br />Compensation statutes exist in 25 states, as well as in the District of Columbia.  In 2004, Congress passed a law granting exonerated federal prisoners up to $50,000 a year in compensation (and up to $100,000 per year for those who were on death row). This federal legislation urges states to follow suit. The recent trend in compensation statutes is to also provide the immediate assistance and services that the wrongfully convicted need and deserve to seek to successfully resume their lives.<br /><br /><a href="http://www.omaha.com/index.php?u_page=2798&amp;u_sid=10477460" target="_blank">Read the full article here</a>. (Omaha World Herald, 11/04/08)<br /><br />Does your state have a compensation law? <a href="http://www.innocenceproject.org/news/LawView1.php">Find out here</a>.<br /> ]]></description>
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<title>Friday Roundup</title>
<pubDate>Fri, 07 Nov 2008 17:30:00 EST</pubDate>
<description><![CDATA[<p>It was a big week for the United States - we have a new President elect, a new landscape in Congress, and new state legislatures across the land. We <a href="http://www.innocenceproject.org/Content/1679.php ">blogged earlier this week</a> about the opportunities for bipartisan criminal justice reform on the horizon.</p><p>Meanwhile, politics bumped news on wrongful convictions and forensics from the national radar for a few days. Here are some of the stories you might have missed:<br /><br />A panel discussion last night at Southern Methodist University in Dallas brought together exonerees and officials from all corners of the criminal justice system. Innocence Project client James Waller told the audience why he kept his anger at bay while appealing his conviction. &quot;If I were to stay angry,&quot; he recalled, &quot;I wouldn&#39;t have been able to work on my case. Bein&#39; angry wouldn&#39;t do me no good.&quot; <a href="http://eleventybillionthblog.blogspot.com/2008/11/it-looked-like-he-saw-light-for-first.html">Blogger Bethany Anderson covered the event here</a>.<br /><br />At several other events around the country this week, exonerees <a href="http://www.innocenceproject.org/Content/1680.php">told their stories and discussed the reforms that can prevent wrongful convictions in the future</a>.<br /><br />Florida prosecutors said they have new "<a href="http://www.wftv.com/news/17874923/detail.html" target="_blank">people of interest and new DNA tests</a>" in the case of William Dillon, who has served 27 years for a murder he says he didn't commit.<br /><br />And a <a href="http://www.thefirmmagazine.com/news/1132/Birmingham_Six_veteran_launches_Innocence_project_in_Glasgow.html" target="_blank">new innocence organization</a> will open its doors in Glasgow on November 12.<br /><br />   </p>]]></description>
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<title>Innocence Events Around the Country</title>
<pubDate>Thu, 06 Nov 2008 15:10:00 EST</pubDate>
<description><![CDATA[Tonight at Baruch College in New York City, Scott Fappiano will tell students and members of the public about the 21 years he spent in New York prison before DNA testing obtained by the Innocence Project proved his innocence. He will be joined by Barry Gibbs, another Innocence Project client freed after evidence of his innocence was uncovered. The event is in Manhattan at 6:30 p.m. <a href="mailto:info@innocenceproject.org" target="_blank">RSVP here to attend</a>.<br /><br />Last night, students at the University of Texas at Dallas heard from North Carolina exoneree Darryl Hunt about his two decades in prison for a murder he didn't commit. The documentary film about his ordeal, "The Trials of Darryl Hunt," was also screened at the event. <a href="http://www.innocenceproject.org/Content/181.php">Read more about Hunt's case here</a>.<br /><br />And this weekend in upstate New York, exonerees Roy Brown, Alan Newton and Dennis Maher will speak at the "Art of Innocence" speaker series about their cases, along with attorneys and other leaders in the field. <a href="http://www.artofinnocence.org/site/" target="_blank">Learn more about attending "The Art of Innocence" here</a>.<br /><br />Organizer Lawrence Golden wrote a column yesterday about the event in the Utica Observer-Dispatch.<br /><blockquote>Imagine the horror of being wrongly accused of rape or murder, being arrested and tried and found guilty. Imagine the devastation of being sentenced to life in prison or death by lethal injection when you had absolutely nothing to do with the crime involved. Literally hundreds - perhaps thousands - of individuals are experiencing just that in this country today.<br /><br /><a href="http://www.uticaod.com/archive/x199489403/Guest-column-Eliminate-wrongful-convictions " target="_blank">Read his full column</a>. (Utica Post-Dispatch, 11/05/08)<br /></blockquote>Want to host an event in your community? <a href="http://www.innocenceproject.org/Content/529.php">Get started here</a>.<br /><br />   ]]></description>
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<title>Today at the U.S. Supreme Court</title>
<pubDate>Wed, 05 Nov 2008 13:46:00 EST</pubDate>
<description><![CDATA[The U.S. Supreme Court heard oral arguments this morning in Van de Kamp v. Goldstein, a California case centering on whether chief prosecutors can be held accountable for administrative or systemic failures leading to wrongful convictions.<br /><br />And on Monday, the justices will hear Melendez-Diaz v. Massachusetts, another case critical to the rights of criminal defendants and the wrongfully convicted.<br /><br />The Innocence Network filed friend-of-the-court briefs in both cases. <a href="/Content/1677.php">Background on both cases and access to the Innocence Network's briefs are here</a>. <br /><br />   ]]></description>
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<title>A Historic Election Means Historic Opportunity</title>
<pubDate>Wed, 05 Nov 2008 13:54:00 EST</pubDate>
<description><![CDATA[ A memorable election cycle came to a close last night around 11 p.m., with Barack Obama elected President of the United States, and with changes in the landscape of the U.S. Congress and in dozens of state legislatures around the country. <br /><br />The last two years had their moments of divisiveness and partisanship, but they also showed an America ready to work together to rebuild a struggling economy and begin addressing dozens of other challenges ahead. Improving the nation's criminal justice system, by addressing the causes of wrongful conviction, is one of these challenges - and it will take a new national dedication to nonpartisan problem-solving to make progress.<br /><br />Wrongful convictions are an issue that affects us all, and it will take involvement from a wide community to address these problems. There are countless innocent people behind bars in the United States today, and more innocent defendants are being wrongfully convicted and arrested today. Criminal justice reform is non-partisan; it is an issue of justice and public safety. The Innocence Project works with Republicans, Independents and Democrats across the country to advance reforms that will help free the innocent, solve cold cases, catch real perpetrators, preserve crucial biological evidence, prevent false confessions, avoid wrongful arrests and help our police departments focus on the important work to keep our communities safe. In today's new political landscape, with an aura of cooperation and bipartisanship in the air, we ask that you join us in working for a criminal justice system that is fair, honest and open. It's time to make it happen.<br /><a href="http://www.innocenceproject.org/fix/What-can-I-do.php"><br />Get involved today</a>.  ]]></description>
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<title>Illinois Governor Pardons Four Exonerees</title>
<pubDate>Tue, 04 Nov 2008 12:00:00 EST</pubDate>
<description><![CDATA[ <p>When Jerry Miller goes to vote in Chicago on Tuesday - the first time in his life he will be able to vote, having been exonerated just last year - he will do so as a fully cleared man. </p><p>Miller, who served nearly 25 years in prison before DNA proved his innocence, is one of four exonerees recently pardoned by Illinois Governor Rod Blagojevich. The pardons allow their criminal records to be expunged and pave the way for compensation.<br /><br />Among those pardoned based on innocence were Marlon Pendleton and Jerry Miller, who were falsely convicted of sexual assault charges before DNA evidence exonerated them. Also pardoned was Luis Ortiz, convicted of a torture-murder in 1997 and exonerated in 2002, and Robert Wilson, pardoned after nearly a decade in prison for an attempted murder after he was falsely identified.<br /><br /><a href="http://www.chicagotribune.com/news/local/chicago/chi-blago-pardonoct31,0,7086312.story" target="_blank">Read the full Chicago Tribune article here</a>. (10/31/08) <br /><br /><a href="http://www.innocenceproject.org/Content/1422.php" target="_blank">Blagojevich had been heavily criticized by local press for delaying the pardon process</a>. Pendelton was exonerated on Dec. 8, 2006 and immediately applied for a pardon, but faced a backlog of 16,000 other pardon applicants. <br /><br />Since Pendelton's original request, Illinois lawmakers passed legislation that allows exonerated individuals to seek certificates of innocence and immediate compensation as soon as courts find them innocent. The law had been vetoed by Blagojevich last September, but was overridden by the Illinois House and Senate to become state law.<br /><br /><a href="http://www.innocenceproject.org/news/LawView2.php" target="_blank">What's the compensation law in your state?</a></p>  ]]></description>
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<title>Twelve Years on Death Row</title>
<pubDate>Mon, 03 Nov 2008 16:00:00 EST</pubDate>
<description><![CDATA[ <img src="http://www.innocenceproject.org/Images/blog/cruz_r.jpg" alt="" hspace="10" vspace="10" align="left" />Today marks the 13th anniversary of Rolando Cruz&#39;s exoneration in Illinois. In 1985, he another man, Alejandro Hernandez, were wrongfully convicted of the brutal rape and murder of a 10-year-old girl. The men spent 12 years on death row before DNA testing proved their innocence and led to their release.  <p>On February 23, 1983, Jeanine Nicarico disappeared from her Chicago home. The police discovered her body several days after she had gone missing. After months of investigation, Alejandro Hernandez became a suspect, and he directed police to Rolando Cruz in exchange for a reward. The two men incriminated each other in exchange for cash rewards.</p><p>Since the police had no physical evidence linking the men to the crime, the case against them was based on the men&#39;s alleged statements. Witnesses testified that Cruz and Hernandez seemed to have intimate knowledge of the crime. The most incriminating evidence came from the sheriff&#39;s detectives who testified that Cruz had confessed to having &quot;visions&quot; of the murder that closely resembled the details of the crime. Despite no record confirming these visions, it was used as evidence and a jury convicted them.</p><p>Cruz's conviction was overturned on appeal, but he was retried and convicted again. Then, with the help of professors and students at Northwestern University, Cruz was finally able to overturn his conviction and secure DNA testing on sperm cells found near the crime scene. The results proved the men could not have committed the crime, but prosecutors retried Cruz again. On November 3, 1995, Cruz was finally acquitted after his the third trial. Charges against Hernandez were dropped a month later.</p><p>If DNA evidence from the crime scene had not been preserved in this case, Cruz and Hernandez may have been executed for a crime neither of them committed.</p><p><a href="http://www.innocenceproject.org/news/LawView2.php">What's the evidence preservation law in your state?</a>  </p><p><strong>Other exoneration anniversaries this week:</strong></p><p><a href="http://www.innocenceproject.org/Content/158.php">David A. Gray</a>, IL, (Served 20 years, Exonerated 1999)</p><p><a href="http://www.innocenceproject.org/Content/157.php">Bruce Dallas Goodman</a>, UT, (Served 19 years, Exonerated 11/3/2004)</p><p><a href="http://www.innocenceproject.org/Content/263.php">Walter Smith</a>, OH, (Served 10 years, Exonerated 11/8/1996)</p><p><a href="http://www.innocenceproject.org/Content/290.php">Bernard Webster</a>, MD, (Served 20 years, Exonerated 2002)  </p>  ]]></description>
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<title>Exonerees, Texas Officials Call for Innocence Commission, Moratorium</title>
<pubDate>Mon, 03 Nov 2008 16:30:00 EST</pubDate>
<description><![CDATA[    <p>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.  </p><p>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. </p><p>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 &quot;no longer convinced that our courts will in fact guarantee the protection of the innocent.&quot;  </p><blockquote><p>&quot;It&#39;s a national problem, but a problem that has a distinct Texas face,&quot; 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.   </p><p>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.   </p><p><a href="http://www.statesman.com/news/content/news/stories/nation/11/01/1101deathrow.html" target="_blank">Read the full article here</a>. (Austin American Statesman, 11/01/08) </p></blockquote><p><a href="http://www.youtube.com/watch?v=Xm7JZQ4uKc8" target="_blank">Click here to watch the first of five videos covering the press conference</a>. </p><p><a href="http://kut.org/items/show/14594" target="_blank">Listen to local coverage from KUT online or download an mp3</a>.   </p><p><a href="www.witnesstoinnocence.org" target="_blank">Click here to visit the Witness to Innocence Web site</a>. </p><p> </p>        ]]></description>
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<title>U.S. Supreme Court Will Hear Case on Access to DNA Testing</title>
<pubDate>Mon, 03 Nov 2008 17:00:00 EST</pubDate>
<description><![CDATA[ <p>The U.S. Supreme Court said today that it will review an Alaska case on whether defendants have the right to DNA testing that can prove innocence.  </p><p>The Innocence Project represents William Osborne, who was convicted of rape and related charges in 1994. The state has fought motions for DNA testing that could prove Osborne's innocence.  Earlier this year, a federal appeals court ruled that Osborne has a constitutional right to DNA testing, but the state appealed that ruling to the Supreme Court.   </p><blockquote><p>If the new testing shows that Mr. Osborne was indeed guilty, prosecutors should be pleased, the Ninth Circuit said. And if the testing points to his innocence, prosecutors should still be pleased, because the state's paramount interests are in "seeking justice, not obtaining convictions at all costs," and the tests will yield better evidence to catch and convict "the real perpetrator."  </p><p><a href="http://www.nytimes.com/2008/11/04/us/04dnaweb.html?hp" target="_blank">Read the New York Times report on the Supreme Court's decision to review the case here</a>. </p></blockquote><p>  Innocence Project Co-Director Barry Scheck said today that the state has no justification to deny DNA testing when it can prove guilt or innocence. In a statement issued today, Scheck said:  </p><blockquote><p>"The State of Alaska concedes that DNA testing could prove William Osborne's innocence, while fighting his right to testing. Why would anyone be afraid to learn the truth in this case? There is no rational reason to deny DNA testing that could prove innocence or confirm guilt.   </p><p>"We believe that people clearly have a constitutional right to post-conviction DNA testing when it can prove innocence. Many courts have recognized this right, and we're optimistic that the Supreme Court will affirm it if they reach that question in this case."</p></blockquote><p>  <a href="http://www.innocenceproject.org/fix/DNA-Testing-Access.php" target="_blank">Learn more about access to post-conviction DNA testing</a>. </p><p> </p>  ]]></description>
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<title>Exonerees to Call for Moratorium on Texas Executions</title>
<pubDate>Fri, 31 Oct 2008 13:30:00 EST</pubDate>
<description><![CDATA[   <p>A group of exonerees will come together in the Texas State Capitol building this afternoon to call for a statewide moratorium on executions. More than 20 people - who served time on death row before evidence of their innocence led to their release - are expected to attend the event, which is being organized by Witness to Innocence, an advocacy organization spearheaded by exonerees. The group argues that exonerations should be halted so state officials can study the "broken death penalty system, which has exonerated nine people from death row since 1987, third only to Florida and Illinois in death-row exonerations..&quot;  (Witness to Innocence includes people who were exonerated through DNA testing, as well as many others whose convictions were overturned based on other evidence.)  </p><p>A column by Bob Ray Sanders in the Fort Worth Star-Telegram considers the prospect of innocent people on death row, and agrees with Witness to Innocence. </p><blockquote><p>More and more leaders are recognizing that we do have a broken system in the Lone Star State.  </p><p>Last summer the Texas Court of Criminal Appeals announced the creation of a Texas Criminal Justice Integrity Unit to examine weaknesses in the criminal justice system. And, Chief Justice Wallace Jefferson of the Texas Supreme Court is among those calling for a statewide innocence commission. </p><p>It makes sense that while we recognize an imperfect system with weaknesses that must be examined and corrected, there ought not to be any more executions in Texas until those issues have been fully addressed.</p><p>The Star-Telegram is on record supporting a moratorium on executions. 	</p><p><a href="http://www.star-telegram.com/news/columnists/bob_ray_sanders/story/1003495.html" target="_blank" title="Fort Worth Star-Telegram, 10/29/08">Read Sanders' column here</a>. (Fort Worth Star-Telegram, 10/29/08)</p></blockquote><p><a href="http://www.house.state.tx.us/media/welcome.php" target="_blank">Watch the press conference live here</a> (on LiveStream 8) at 2 p.m. Central Time. </p><p><a href="http://www.google.com/url?sa=t&amp;source=web&amp;ct=res&amp;cd=1&amp;url=http%3A%2F%2Fwww.witnesstoinnocence.org%2F&amp;ei=jkALSfdTieh5zrDYpQQ&amp;usg=AFQjCNH4HCk4Kjd_5vNH7bv_bpHy39moPw&amp;sig2=tKgYbDNBybxr_bt7n6wGwg" target="_blank">And visit the Witness to Innocence website here</a>. </p><p>Meanwhile, the Texas Criminal Justice Integrity Unit held hearings yesterday on problems with eyewitness identification procedures in the state. Richardson Police Chief <a href="http://www.innocenceproject.org/Content/1661.php" target="_blank">Larry Zacharias</a> and Iowa State Psychology Professor <a href="http://www.psychology.iastate.edu/%7Eglwells/" target="_blank">Gary Wells</a> were among the speakers.  </p><p> </p>      ]]></description>
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<title>Half a Life Behind Bars, Two Years Free</title>
<pubDate>Fri, 31 Oct 2008 17:20:00 EST</pubDate>
<description><![CDATA[ <img src="http://www.innocenceproject.org/Images/blog/Deskovic_J.jpg" alt="" hspace="10" vspace="10" align="left" /><p>Jeff Deskovic was exonerated on November 2, 2006, after spending half of his life in prison for a crime he didn't commit. Sunday marks the second anniversary of his exoneration. <br /><br />On November 15, 1989, a teenage girl was out taking pictures for her photography class in Westchester County, New York. Two days later her body was found by police dogs, and she appeared to have been raped. Sixteen-year-old Deskovic first became a suspect because he was late to school the day of her disappearance. Although he was a classmate of the victim and they shared two classes together, police grew more suspicious when Deskovic began his &quot;own investigation&quot; of the case.<br /><br />Detectives asked him to submit to a polygraph test, and they brought the young Deskovic to a private polygraph business run by local officers. During the test, no lawyers or parents were involved, and he was only given coffee. He spent over six hours inside the small room as detectives continued to interrogate him, claiming he failed the tests. By the end of the interrogation, Deskovic was crying and curled up under the table. After six hours of questioning and three polygraph tests, Deskovic allegedly confessed to committing the crime.<br /><br />At the trial the police misconduct was ignored, and details were distorted by the state. While DNA tests on the rape kit excluded Deskovic as a source of the semen, the state argued the victim had consensual sex before the crime and that Deskovic murdered her in a jealous rage. The jury was also told that he had confessed to the crime. Deskovic was convicted and sentenced to 15 years to life.<br /><br />In January 2006, the Innocence Project took on Deskovic's case, and sought to retest the biological evidence using newer technology, making it eligible for the state DNA database. The results matched a man already in prison for another murder. <br /><br />Deskovic was 33 when he was released. Upon his release he spoke of the bond he felt with the victim, &quot;We had a commonality. We were both victims of the man who killed her - in different ways, obviously. She is more of a victim than I am, but I am still a victim.&quot; <br /><br />Since his exoneration, Deskovic has fought to ensure that others do not become victims of wrongful convictions. He speaks to high schools, churches, and colleges, and fights for legislative reform to prevent other wrongful convictions. <a href="http://jeffreydeskovicspeaks.org/" target="_blank">Visit his personal website here</a>.</p><p><strong>Other exoneration anniversaries this week:<br /></strong><br /><a href="http://www.innocenceproject.org/Content/200.php">Steven Linscott</a>, Illinois, (Served 3 years, Exonerated 7/15/92)<br /><br />   </p>  ]]></description>
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<title>Detroit Prosecutor Calls Crime Lab Findings 'Appalling'</title>
<pubDate>Thu, 30 Oct 2008 16:03:00 EST</pubDate>
<description><![CDATA[After an audit last month found a 10% error rate on gun testing in the Detroit Police Department crime lab, city officials shut down the entire lab so problems could be investigated. With the lab still closed, the Detroit City Council held hearings on the lab yesterday. County Prosecutor Kym Worthy told council members that she was not happy with the lab's performance.<br /><blockquote>&quot;I cannot have anybody convicted based on this kind of evidence that&#39;s inaccurate,&quot; said Worthy, who received the report Wednesday. &quot;An error rate of zero is the only acceptable rate.&quot;<br /><br />Council members called for an independent audit of the entire lab and five years of cases, a review that Worthy said would cost $800,000. And a Detroit police commander said the problems found in the ballistics section were "indicative of a systemic problem."<br /><br /><a href="http://www.freep.com/apps/pbcs.dll/article?AID=2008810300441" target="_blank">Read the full story here</a>. (Detroit Free Press, 10/30/08)<br /></blockquote><a href="http://www.innocenceproject.org/Content/1627.php">Read more about the Detroit lab closure in previous blog posts</a>.<br /><br />   ]]></description>
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<title>California DA Wins Partial Control of Crime Lab</title>
<pubDate>Wed, 29 Oct 2008 11:04:00 EST</pubDate>
<description><![CDATA[<p>The Orange County Board of Supervisors voted 5-0 yesterday to award oversight of the country's forensic labs to a three-member panel comprised of the District Attorney, County Sheriff and County CEO. The Innocence Project has argued that if prosecutors oversee forensic testing, politics could take precedence over science. And <a href="http://www.innocenceproject.org/Content/1236.php ">a report in the OC Weekly</a> made it clear that the prosecutor's office inappropriately pressed an analyst to alter the forensic report - despite DNA testing that clearly exonerated Ochoa.</p><blockquote>Veteran forensic specialist Danielle G. Wieland made the charge last month during a civil deposition related to the December 2005 wrongful conviction and imprisonment of James Ochoa, according to documents obtained by the Weekly. <br /><br />In a civil deposition taken last month for Ochoa's wrongful-prosecution lawsuit, Ochoa attorney Patricio A. Marquez of Morrison &amp; Foerster asked Wieland, "Did anyone ever exert pressure on you to change your [DNA] conclusions?" <br />"Yes," Wieland replied. "Camille Hill from the DA's office ... She called me and asked me to change the conclusion that Mr. Ochoa was eliminated from [DNA found on] the left cuff of the shirt."<br /></blockquote><p>Before its vote yesterday, the board received a letter from Ochoa, who served nearly two years in California prison for a carjacking he didn't commit. He wrote:</p><blockquote>The fact that the prosecution proceeded with my case in order to protect their image when they knew they had insufficient evidence demonstrated to me that the District Attorney's office is willing to go too far. After what happened to me, it is pretty clear that the District Attorney doesn't care about guilt or innocence; he cares about his career.<br /><a href="    http://www.innocenceproject.org/docs/James_Ochoa_to_OCBOS.pdf  " target="_blank"><br />Read Ochoa's full letter here</a>.<br /></blockquote><p>Orange County District Attorney Tony Rackauckas disputed the allegation of impropriety at Tuesday's hearing:</p><blockquote><p>Rackauckas explained to the board that his prosecutor merely questioned the analyst about her conclusion and did not try to influence her.</p><p>&quot;(But) once an allegation is made, it can be pretty hard for the other party to disprove it,&quot; Rackauckas said.</p><p><a href="http://www.ocregister.com/articles/rackauckas-lab-dna-2209089-ochoa-crime " target="_blank">Read the full article here</a>. (OC Register, 10/28/08)</p></blockquote><p>And an editorial in the OC Register before the board meeting said "Orange County&#39;s efforts to safeguard the public and protect the innocent have been caught up in an ugly turf war between the District Attorney&#39;s Office and the Sheriff&#39;s Department"</p><blockquote><p>Officials at the Innocence Project, which uses DNA evidence to free the wrongly convicted, rightly told the newspaper that it&#39;s a conflict of interest for district attorneys to control DNA and other forms of evidence. &quot;Just like we wouldn&#39;t want a defense attorney to call the shots in a lab, we wouldn&#39;t want a prosecutor,&quot; said one Innocence Project spokesman. </p><p>That&#39;s exactly right. Prosecutors are interested parties in legal proceedings. They are seeking convictions, so it would be unwise to let any D.A. control such important evidence. In fact, as the Register also reported, &quot;A senior [Orange County]prosecutor is alleged to have pressured a sheriff&#39;s analyst to change her conclusion in a carjacking case that kept an innocent man imprisoned for 16 months.&quot; That&#39;s chilling.</p><a href="http://www.ocregister.com/articles/dna-lab-sheriff-2203200-department-evidence" target="_blank">Read the full editorial here</a>. (OC Register, 10/23/08)<br /></blockquote><p> </p>]]></description>
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<title>DA: Review of 3,242 Colorado Cases Turns Up No Questionable Convictions</title>
<pubDate>Wed, 29 Oct 2008 17:50:00 EST</pubDate>
<description><![CDATA[After DNA testing and other evidence led to the release on Tim Masters in Colorado earlier this year, Larimer County District Attorney Larry Abrahamson said his office would review thousands of convictions to see if any current inmates were candidates for post-conviction DNA testing. Prosecutors started with a universe of 3,242 cases in which defendants are currently in prison and were convicted by a jury in the county. They narrowed that list to 36 cases where identity may have been a factor, and determined that none of the case warranted testing.<br /><blockquote>&quot;After a lengthy evaluation, I am satisfied that there are no defendants convicted in the Eighth Judicial District serving time in the Colorado State Penitentiary who would benefit from current advances in DNA technology,&quot; Abrahamson wrote in a press release.<br /><br /><a href="http://www.co.larimer.co.us/da/PR-102908-DNASurvey.pdf " target="_blank">Read the full press release here</a>.<br /></blockquote>In the press release, Abrahamson lists criteria for excluding cases. First of all, people who pled guilty were excluded, despite the fact that 11 defendants of the 223 cleared by DNA testing so far nationwide pled guilty. At least 12 cases were excluded because eyewitness testimony was used to convict the defendant. Two others were excluded because fibers and blood testing were used in the trial. DNA testing has shown that eyewitness identification is often unreliable, and that some forms of forensic science - such as fiber comparison - are limited in their ability to identify a defendant. <br /><br />Abrahamson notes in his press release that the review does not preclude defendants from appealing for DNA testing in their cases.<br /><br /><a href="http://www.innocenceproject.org/understand/">Read more about the causes of wrongful conviction here</a>.<br />]]></description>
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<title>Exoneree: Crime Labs Should Be Independent</title>
<pubDate>Tue, 28 Oct 2008 11:55:00 EST</pubDate>
<description><![CDATA[James Ochoa spent nearly two years in California prison for a carjacking he didn't commit before DNA testing proved his innocence and led police to the real perpetrator. After Ochoa's exoneration, news reports revealed that prosecutors attempted to exert pressure on a crime lab analyst to falsify the test results to say that he hadn't been cleared. <br /><br />Now the same prosecutor's office is seeking partial control of the county crime lab, and Ochoa argues that his case should be enough reason to maintain independence at the lab. He sent a letter yesterday to the Orange County Board of Supervisors, which today is considering a proposal to create a three-member panel, including the district attorney, to control the county's forensic lab. The letter reads, in part:<br /><blockquote>The fact that the prosecution proceeded with my case in order to protect their image when they knew they had insufficient evidence demonstrated to me that the District Attorney's office is willing to go too far.  After what happened to me, it is pretty clear that the District Attorney doesn't care about guilt or innocence; he cares about his career.  <br /><br /><a href="http://www.innocenceproject.org/docs/James_Ochoa_to_OCBOS.pdf" target="_blank">Read Ochoa's full letter here</a>.<br /></blockquote><a href="http://www.innocenceproject.org/Content/1654.php">Read more about the lab dispute here</a>.<br />   ]]></description>
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<title>Dallas Editorial Calls on Police to Reform Procedures</title>
<pubDate>Tue, 28 Oct 2008 14:35:00 EST</pubDate>
<description><![CDATA[  <p>DNA exonerations have revealed that flaws in police procedures - like the way photos are shown to witnesses - have led to wrongful convictions. An editorial in today's Dallas Morning News calls for state oversight of police procedures to ensure that the innocent aren't sent to prison. <br /><br />The editorial singles out Richardson, Texas, Police Chief Larry Zacharias, whose department showed a flawed photo lineup to the victim of a rape in 1985. She picked Thomas McGowan and he was convicted.<a href="http://www.innocenceproject.org/Content/1402.php"> Twenty-two years later, DNA testing exonerated him</a>. <br /><br />On Thursday, Zacharias will testify about his department's reform efforts before the Texas Criminal Justice Integrity Unit, one of only <a href="http://www.innocenceproject.org/news/LawView6.php">seven innocence commissions</a> in the nation.</p><blockquote><p>Zacharias lays it on the line: Law enforcement professionals have an &quot;ethical obligation&quot; to upgrade procedures when justice hangs in the balance. </p><p>Amen. </p><p>His department learned the lesson a tough way. In 1985, the Richardson PD produced a rape suspect for prosecutors based on a lineup of photos shown to the victim. She picked out a 26-year-old man who was later convicted and sent to prison. </p><p>There Thomas McGowan Jr. sat for 22 years, until DNA tests sought by the Innocence Project of New York exonerated him this spring. </p><a href="http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-showups_28edi.State.Edition1.288f2db.html" target="_blank">Read the full editorial here</a>. (Dallas Morning News, 10/28/2008)<br /></blockquote><p> </p>    ]]></description>
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<title>The Art of Innocence</title>
<pubDate>Mon, 27 Oct 2008 16:00:00 EST</pubDate>
<description><![CDATA[A four-day event next week in Utica, New York, will feature speeches by three men exonerated through DNA testing, along with film screenings, a theater production, an art contest and more. "The Art of Innocence" is scheduled for November 5 - -9, and will feature talks with exonerees Roy Brown, Alan Newton and Dennis Maher, as well as Innocence Project Staff Attorney Alba Morales.<br /><br />Other event highlights include a performance of the play "The Exonerated," and a screening of the new documentary film "Blanchard Road, Murder in the Finger Lakes" about Roy Brown's case.<br /><br />Learn more about "<a href="http://www.artofinnocence.org/site/ " target="_blank">The Art of Innocence</a>."<br />   ]]></description>
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<title>The Texas Exonerated</title>
<pubDate>Mon, 27 Oct 2008 16:05:00 EST</pubDate>
<description><![CDATA[ <p>A feature in this month's Texas Monthly profiles 37 people cleared with DNA testing after serving a combined 525 years in prison.</p><blockquote><p>The first thing you notice is the eyes-they all have the same look in them, the look of men accustomed to waking up every morning in a prison cell. These 37 men spent years, and in some cases decades, staring through bars at a world that believed they were guilty of terrible crimes. But they weren't. Each was convicted of doing something he did not do. It's hard to characterize the look in their eyes. There's anger, obviously, and pride at having survived hell, but there's also hurt, and a question: "Why me?"</p><p>The short answer is simple: People make mistakes. Most of these cases share a common story line: A woman, usually a traumatized rape victim, wrongly identifies her attacker. Sometimes her testimony is backed by rudimentary serology tests. Sometimes the cases are pushed too hard by aggressive police officers or prosecutors.</p></blockquote><p><a href="http://www.texasmonthly.com/2008-11-01/multimedia6.php" target="_blank">Visit the Texas Monthly website</a> for video of a photoshoot with 21 exonerees and audio slideshows telling the stories of more than a dozen.<br /><br /><br />   </p>  ]]></description>
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<title>Federal Court Stays Davis Execution</title>
<pubDate>Fri, 24 Oct 2008 16:24:00 EST</pubDate>
<description><![CDATA[ <p>Troy Davis has come within days - or hours - of execution three times before receiving a stay. He has been on Georgia's death row for two decades for a crime he says he didn't commit, and today the 11th U.S. Circuit Court of Appeals granted him a stay so it can conduct further review of the case over the next two weeks. His attorneys expressed relief at the decision:</p><blockquote><p>"This is the first step toward a court hearing to consider the new evidence something we have been asking for for almost a decade now," attorney Jason Ewart said.</p></blockquote><p>And Innocence Project Co-Director Barry Scheck wrote this morning in the Huffington Post that an extreme and arbitrary law prevents defendants like Davis from presenting evidence of innocence in court.</p><blockquote>Many wrongful convictions have been overturned because a recanting witness, testifying in person and under oath before a judge, is found to be credible and the reason for the recantation - often a claim that the original trial testimony was coerced - is found to be persuasive. But in Georgia the recanting witnesses don&#39;t get to testify because the state&#39;s courts have created an extraordinary Catch-22 rule -- the &quot;purest fabrication&quot; doctrine - that arbitrarily denies evidentiary hearings even when extremely persuasive recantation affidavits have been submitted.<br /><br /><a href="http://www.huffingtonpost.com/barry-scheck/troubling-questions-surro_b_137514.html" target="_blank">Read the full post here</a>. (Huffington Post, 10/24/08)<br /></blockquote><p><a href="http://www.ajc.com/news/content/metro/stories/2008/10/24/troy_davis_stay.html?cxntlid=homepage_tab_newstab" target="_blank">Read more about today's stay here</a>. (Atlanta Journal Constitution, 10/24/08)</p><p>Innocence Project Staff Attorney / Mayer Brown Eyewitness Fellow Zeke Edwards spoke about eyewitness identification issues in the Davis case this morning on Democracy Now! <a href="http://www.democracynow.org/2008/10/24/lawyers_planning_last_minute_challenges_as" target="_blank">Watch here</a>. </p><p><a href="http://www.innocenceproject.org/Content/1647.php">Read more about Davis' case here</a>.</p><p> </p>  ]]></description>
<link>http://www.innocenceproject.org/Content/1655.php</link>
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<title>Twelve Years of Freedom</title>
<pubDate>Fri, 24 Oct 2008 17:05:00 EST</pubDate>
<description><![CDATA[<p><img src="http://www.innocenceproject.org/Images/blog/saecker.jpg" alt="" hspace="15" vspace="15" align="left" /> Today  marks the 12th anniversary of <a href="http://www.innocenceproject.org/Content/251.php">Fredric Saecker</a>&#39;s exoneration in Wisconsin. He served six years in prison before DNA testing - paid for by his mother - proved his innocence and led to his release.<br /><br />In June 1989 a woman was kidnapped from her home in Bluff Siding, Wisconsin. The perpetrator raped her twice and then left her by the side of her road. The victim initially described the attacker as 5-feet-7-inches tall, but the 6-foot-3-inch Saecker became a suspect after police found him near the victim&#39;s home wearing a bloodstained T-shirt. Under questioning from police, Saecker allegedly made incriminating statements. He was convicted of the crime in 1990 and sentenced to 15 years in prison. <br /><br />Although his mother obtained DNA testing on his behalf in 1993 and the results proved his innocence, his request for a new trial was denied until 1996. Finally, the District Attorney dismissed all charges against him and he was released.<br /><br />Countless people have been wrongfully convicted in the United States based on false confessions or admissions of guilty. <a href="http://www.innocenceproject.org/understand/False-Confessions.php">Read more about why innocent people sometimes confess to crimes they didn't commit</a>. <br /><br /><strong>Other Exoneree Anniversaries this Week:<br /></strong><br />Tuesday: <a href="http://www.innocenceproject.org/Content/180.php">Edward Honaker</a>, Virginia (Served 9.5 Years, Exonerated 10/22/1994)<br /><br />Today: <a href="http://www.innocenceproject.org/Content/233.php" target="_blank">Victor Ortiz</a>, New York (Served 11.5 Years, Exonerated 10/24/1996)<br /></p>]]></description>
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<title>A Needed Reform: Compensation in Wisconsin</title>
<pubDate>Fri, 24 Oct 2008 17:25:00 EST</pubDate>
<description><![CDATA[ <p>The Wisconsin Law Journal this week highlighted the work of the Wisconsin Innocence Project and several reforms being considered in the state. <br /><br />The article featured Mike Piaskowski, who served nearly six years in prison for a crime he didn't commit. He was cleared on appeal (by non-DNA evidence), but has yet to be compensated.</p><blockquote><p>Seven years after his exoneration, Piaskowski recalls how his elation quickly evolved into frustration because of insufficient support from the state after his release.</p><p>"I lost everything I worked 46 years of my blue-collar life to achieve," said Piaskowski, now 59. "And I have received nothing from the state. Zero."</p></blockquote><p>The <a href="http://www.innocenceproject.org/news/LawViewstate1.php?state=wi">current Wisconsin compensation law</a> grants only $25,000 in total compensation to those who qualify as wrongfully convicted. It ranks last among the 25 states that offer compensation.  In addition, Wisconsin provides no educational, professional or emotional assistance to exonerees.<br /><br />State Sen. Lena C. Taylor, who chairs the Wisconsin Senate Judiciary and Corrections Committee, said the time has come for lawmakers to improve exoneree compensation. </p><blockquote>"A review of the compensation levels for persons wrongfully incarcerated is certainly past due. The Judiciary Committees in both houses will need to commit themselves to a serious review of those statutes, and be prepared to have a constructive dialog on the subject, including its implications for the state's budget."<br /></blockquote><blockquote><a href="http://www.wislawjournal.com/article.cfm/2008/10/20/Putting-broken-lives-back-together" target="_blank">Read the full story here</a>. (Wisconsin Law Journal, 10/20/08)<br /></blockquote><p>The <a href="http://www.law.wisc.edu/fjr/clinicals/ip/index.html" target="_blank">Wisconsin Innocence Project</a> is a member of the <a href="http://www.innocencenetwork.org" target="_blank">Innocence Network</a>.<br /> </p>  ]]></description>
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<title>DC Police Officer Makes Case for Recording Interrogations </title>
<pubDate>Fri, 24 Oct 2008 17:35:00 EST</pubDate>
<description><![CDATA[ In an op-ed today in the Los Angeles Times, Washington, D.C., police detective Jim Trainum explains why he believes all law enforcement agencies should videotape interrogations. <br /><blockquote>I&#39;ve been a police officer for 25 years, and I never understood why someone would admit to a crime he or she didn&#39;t commit. Until I secured a false confession in a murder case.<br /><br />I stepped into the interrogation room believing that we had evidence linking the suspect to the murder of a 34-year-old federal employee in Washington. I used standard, approved interrogation techniques -- no screaming or threats, no physical abuse, no 12-hour sessions without food or water. Many hours later, I left with a solid confession. <br /><br />Then we discovered that the suspect had an ironclad alibi. We subpoenaed sign-in/sign-out logs from the homeless shelter where she lived, and the records proved that she could not have committed the crime... Even though it wasn&#39;t our standard operating procedure in the mid-1990s, when the crime occurred, we had videotaped the interrogation in its entirety. Reviewing the tapes years later, I saw that we had fallen into a classic trap. We ignored evidence that our suspect might not have been guilty, and during the interrogation we inadvertently fed her details of the crime that she repeated back to us in her confession.<br /></blockquote>Trainum goes on to write that this case was a turning point for him. State lawmakers, he says, should begin to require the recording of interrogations to prevent false confessions and wrongful convictions. While more than 500 jurisdictions currently record interrogations, only 10 states mandate it. "The only police officers I&#39;ve met who don&#39;t embrace recording interrogations are those who have never done it," Trainum writes.<br /> <br /><a href="http://www.latimes.com/news/opinion/commentary/la-oe-trainum24-2008oct24,0,7918545.story" target="_blank">Read the full Op-Ed here</a>. (LA Times 10/24/08)<br /> <br />Does your state require the recording of interrogations? <a href="http://www.innocenceproject.org/news/LawView3.php">Find out here</a>.<br />   ]]></description>
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