|
The Innocent Imprisoned |
| Some fears are
universal.
Death. Disease. The loss of a child. Going to jail for something you
didn't
do. The people listed here are living the last one, their lives
wasting
away in prison for crimes they didn't commit. Note: We add links to updates with the original news articles reporting developments in innocence cases, so be sure to scroll down to check for "new news". |
|
LIVE CRIMINAL LAW INFORMATION
Truth in
Justice
is pleased to join with LivePerson to bring you live, online
consultations
with experts in criminal law, at low cost. Follow the link on the
main
page, or click on the one here: |
| Early in June, 2015, Paul Calusinski of Carpentersville, Illinois, who has been fighting for years to get his daughter, a convicted child killer, out of prison, got an anonymous call on his cellphone. The man told Calusinski he needed to have his attorneys get from authorities the “second set” of X-rays of the 16-month-old boy that Melissa Calusinski was convicted of killing at a Lake County day care center where she worked in 2009. Now, those X-rays, previously unknown to Melissa Calusinski’s defense lawyers at trial, form a central part of a petition filed in court Tuesday asking a judge to overturn the conviction of Calusinski, now 28, or grant her a new trial. |
|
Ian Schweitzer, along with Frank Pauline, was convicted of
raping and murdering Dana Ireland in Hawaii in 1991, in spite of the
fact that DNA found in semen inside Dana Ireland’s body
and on the
hospital gurney on which she died did not match any of the defendants,
and a bite mark found on Ireland didn’t match dental impressions of any
of the defendants. "Touch" DNA testing on Ms.
Ireland's shirt in 2007 also eliminated Mr. Schweitzer. After
nearly a quarter century, it's time to bring the real killer to justice
-- and free the innocent. |
|
Anthony Ray Hinton, who spent 28 years on Alabama's death
row for two murders despite his claims of innocence, walked free
earlier this month after prosecutors admitted they couldn't prove his
guilt. Another inmate who maintains he was wrongly convicted in a
separate killing, Donnis Musgrove, is now challenging his death
sentence in a case with eerie similarities to Hinton's, down to
allegations of botched ballistics evidence, a questionable eyewitness
identification and the judge and prosecutor who handled both trials. |
|
On February 24, 1992,
a fire raced through the trailer home of Claude Garrett and his
girlfriend, Lori Lee Lance outside Nashville, TN. The fire
claimed
Lori's life that night. The State used junk science, innuendo and
gut-punching emotionalism to take Claude's life, sending him to prison
for life for what experts now agree was an accidental fire.
|
|
Meet Michael
Michael McAlister
of Richmond, VA. He's the victim of mistaken identity by the
victim of attempted rape. Even the investigator and prosecutor
who put him in prison doubt his guilt. They went to the parole
board in support of his release, but this is
Virginia so the parole board denied McAlister's bid. McAlister
served
18 years
in prison for a crime in which he had no part. He was released on
mandatory
parole, but sent back to prison 2 years later for non-criminal
infractions. Now, as his full sentence has been completed, the
Commonwealth wants him civilly committed for the rest of his life as a
dangerous sexual predator. |
|
Penny Brummer of Spring Green, WI was sentenced to life in
prison for the murder of Sarah Gonstead. But who really killed
Sarah? And who else has he killed? Visit the website for
answers. NBC15 (Madison, WI) reporter Kate Pabich re-examines the murder of Sarah Gonstead, 20 years after Penny Brummer's conviction. |
|
Corrupt Winnebago County, WI prosecutor Joe Paulus has
been to prison and released, living on the balmy Gulf Coast and
enjoying life. Back in his heyday, Mark Price was one of at least
22 people against whom Paulus either inflated or fabricated charges
designed to push his own career forward. Now Price is seeking a
new trial, based on extensive evidence discovered in the 25 years since
his murder conviction. Present-day prosecutor Scott Ceman is
opposing, claiming there is "a lot of evidence" of Price's guilt --
while admitting that he has not gone
through the case to investigate Price's claims. Not much
has changed since Joe Paulus' day. UPDATE: January 30, 2015 - Judge Richard Nuss agrees with the prosecutor. Because Price admits he was present when the murder occurred and he was charged as a party to the crime, all he had to do was be there to be guilty. This means Price will not get a new trial. It also means the extent of corruption -- and the involvement of persons still in positions of authority there -- will remain under wraps. |
|
Reynold Moore, 62, one of six men
convicted
in October 1995 of being party to the murder of Tom
Monfils
in a Green Bay, WI paper mill,has enlisted the aid of
the
Wisconsin Innocence Project in seeking a new trial.
The new evidence in Moore's appeal concerns testimony by James Gilliam,
a
prison inmate who had testified at trial that Moore told him in jail
that
he participated in a group beating of Monfils at a water fountain in
the
mill. WIP attorney Byron Lichstein claims Gilliam
has
since changed his story and now says Moore actually told him that Moore
stepped
in to try to prevent the beating, not to participate in it.
Without
Gilliam's jailhouse snitch testimony, there is no evidence connecting
Moore
to Monfils' death. UPDATE: On January 21, 2010, Rey Moore's petition for a new trial was denied. Related
In 1995, Michael Johnson, Mike Piaskowski, Keith Kutska, Michael Hirn, Dale Basten and Rey Moore were convicted of killing co-worker Tom Monfils in 1992 in a Green Bay, WI paper mill. In 2001, Mike Piaskowski was freed when his habeas petition was granted. Seventh Circuit Court of Appeals Judge Terrance Evans upheld his exoneration, saying that the " record is devoid of any direct evidence that Piaskowski participated in the beating of Monfils." The same evidence that cleared Mike, clears the other five defendants. So why are they still in prison? UPDATE:
November 1, 2014
Repressed memories. Perjury coerced by police. The victim's own brother believes the Monfils Six defendants are innocent. A group of top attorneys from Minnesota ask the court to revisit Keith Kutska's conviction. |
|
In 2008, college student Irina Yarmolenko
died on the banks of the Catawba River. Mark Carver and his
cousin, Neal Cassada, were fishing nearby and were
charged with killing her. Motive? Maybe she photographed
them and they got angry about it. Maybe they thought she was a
workers' compensation investigator checking up on their
disabilities. Maybe they tried to chat her up and she spurned
their advances. Maybe the jury didn't need evidence. One juror
told a reporter, "We knew he was guilty from the start." Neal
died the day before his trial was to begin. Mark was promptly
convicted and is serving a life sentence. |
|
A long time ago, in
Manatee County, Florida, a family was robbed.
The police pounced. A man went to jail. A lot of people wondered if the law got it right. It sure doesn’t look like it. |
| It would be an unusual abduction strategy for anyone, particularly for a 52-year-old grocery store manager and Barboursville, VA family man. Yet despite a lack of any physical evidence tying him to the scene and despite a reported later admission by the alleged victim that her tale was “an elaborate scam,” Mark Lawrence Weiner, now 53, was convicted of abduction with intent to defile and has been jailed for more than 18 months. While the accuser stands by her story, the defense team has amassed an array of evidence that contradicts it, thrusting the case and Virginia’s legal system into the media spotlight. His attorneys point out that Virginia’s legal procedures could force Weiner to spend years in prison for a crime he not only didn’t commit but which, they assert, never even occurred. |
|
More than a quarter century ago, a killer took the lives
of three Native American women in the Minneapolis, MN area. When
Billy Glaze, a drifter, was charged with the crimes, the media declared
him a serial killer and a jury added its stamp of approval by
convicting him. Now, DNA irrefutably proves two facts: (1)
Billy Glaze did not kill any of the women, and (2) their killer is
alive, well and free. |
|
Link: IRP6
IRP (Investigative Resource Planning) Solutions was a
small, minority-owned software development company with 15-19 employees
that competed against big businesses. IRP provided Case
Investigative Life Cycle (CILC) software to state/local law enforcement
and to DHS, and competed with some of the biggest contractors in the
country. Just as they prepared to close on their biggest
contract, the US DOJ charged IRP with fraud arising from a debt
collection case. The top six executives -- Gary Walker, CEO,
David Banks, COO, Kendrick Barnes, CIO, Clinton Stewart, Business
Development, David Zirpolo, Bus. Services and Demetrius Harper, DKH/CEO
-- were sentenced to 6 to 11 years each in prison. The more things change, the more they stay the same. In the early 1980's, Bill and Nancy Hamilton founded INSLAW, Inc. and marketed PROMIS software program to the government. It was designed to keep track of cases in local U.S. Attorneys’ offices, but proved highly adaptable for the kind of tracking the NSA does with PRISM, the great-grandchild of PROMIS. PROMIS worked so well that DOJ used trickery, fraud and deceit to steal PROMIS from INSLAW. In spite of numerous court awards totaling over $50 million, INSLAW has never collected a dime for their software. See "PRISM's Controversial Forerunner" by Richard L. Fricker. Some might say the IRP6 are lucky. DOJ "just" sent them to prison. Journalist Danny Casolaro worked tirelessly to uncover the corruption behind the DOJ's theft of PROMIS. In August, 1991, he went to Martinsburg, WV to meet an important source who was going to give him what he needed to solve the case. A day later, he was dead, his wrists cut, allegedly a suicide. See Wikipedia summary, Danny Casolaro. |
|
Former Akron, Ohio police captain Douglas Prade had
served nearly 15 years of a life sentence after being convicted
of the 1997 shooting death of his ex-wife, Dr. Margo S. Prade. But
Summit County Common Pleas Judge Judy Hunter ruled on January 29, 2013
that
DNA test results exclude him as a suspect and he is “actually innocent
of aggravated murder.” Hunter ordered that Prade be set free
immediately. UPDATE: July, 2014 - After a year of freedom, Douglas Prade's exoneration was reversed and he was sent back to prison after state appellate courts ruled Judge Hunter's orders were invalid. His attorneys are seeking a new trial for him. |
|
Mr. Wagstaffe, 45, is in the 22nd year of a 25-year
maximum sentence for a kidnapping that led to the death of Jennifer
Negron, 16, in the East New York section of Brooklyn. From the
beginning, he has maintained his innocence. He had an alibi,
having spent the entire time when the kidnapping occurred with his
girlfriend, Joann Butler. He gave police her name and phone
number, but they never contacted her. She says she has yet to
hear from any attorneys or investigators. And she's still willing
to testify. |
|
The murder riveted New York City and stymied detectives
for
months: What chance meetings and turns of fate led Mark Fisher, a
photogenic 19-year-old college football player from New Jersey, to end
up shot dead on a quiet Brooklyn street, his body wrapped in a yellow
blanket? John Giuca’s conviction was considered a
victory for Brooklyn DA Charles J. Hynes, who was
in a tough re-election fight at the time; its review now carries
political overtones for his successor, Kenneth P.
Thompson, whom defense lawyers are pressing
to make good on a campaign theme by aggressively investigating the
possible wrongful convictions. UPDATE: Feb. 2, 2014 -- Petition Seeking to Void Brooklyn Murder Conviction Calls Verdict a ‘Sham’ |
|
Antoine Stone, a street preacher, in Far Rockaway, Queens,
was shot to death on Sept. 10, 1994. Joan
Purser-Gennace testified at Robert Jones' trial that she saw the
killing
from her second-story window, but she now insists that she could not
identify the gunman. She said the detectives made
threatening comments about her
husband and children, and hinted that her immigration status could come
into play. And when she tried to tell an assistant district attorney,
Debra L. Pomodore, that she could not identify the gunman, she said Ms.
Pomodore became enraged. “It was eating me up
inside,” she told Justice Joseph A. Zayas, who will
decide if Robert goes free, or remains in prison for a crime he did not
commit. |
|
John Horton, of Rockford, IL, who was 17
at the time, was convicted of killing Arthur Castenada in 1993 and
sentenced to natural life in
prison. His conviction was upheld by an appellate court and the
Illinois Supreme Court. Horton has long claimed his innocence, and
Clifton English has been confessing to prison officials for years to
killing
Castaneda. Students at the Center on Wrongful
Convictions of Youth at Northwestern University School of Law have
listened, and have filed a petition to overturn his conviction. |
|
Imprisoned for the 1984 kidnapping and slaying of a
convenience
store clerk in Ada, Oklahoma, Karl was the victim of shoddy police work
and poor
representation and should be freed "as soon as humanly possible."
Robert Mayer detailed this miscarriage of justice in his 2006 book, Dreams of Ada. The Oklahoma
Innocence Project, formed in 2011, has filed a legal challenge that
could lead to his exoneration. UPDATE: 10/23/13 - Karl's application for post-conviction relief has been granted. Pontotoc County District Judge Tom Landrith has also ordered “hundreds of documents” the Oklahoma Innocence Project says were never disclosed in the case to be turned over to the court by Dec. 31. |
| Charles Ray Finch, of Wilson, NC, has spent the last 36 years in prison for a killing he always maintained he didn’t commit. The Duke Law Innocence Project launched a decade-long investigation uncovering new evidence that advocates say should now free Finch, 74, from the walls that have imprisoned him. “I think this is a total miscarriage of justice,” said James Coleman Jr., co-director of the Duke Wrongful Convictions Clinic. “That’s how we all feel.” |
|
Richard LaFuente has had plenty of opportunities to leave
federal prison and go back to Plainview, Texas. All he had to do was
confess
to a murder on the Devils Lake Sioux reservation in North Dakota, for
which he was convicted in 1986, and show a little remorse. The first
time he refused was at a 1994 court hearing. “I can’t show remorse,” he
told his attorney. “I won’t ask forgiveness for something I didn’t do.”
He went back to his cell. For the next seventeen years, at six parole
hearings (the latest in June 2011), LaFuente refused to confess and
show remorse, and each time he was sent back to his cell. |
|
Although she will soon finish serving her sentence and be
released from prison, Susan King is anxious for the Kentucky Court of
Appeals to take up her case. Like so many innocent people, she
pled no contest to manslaughter in the death of her ex-boyfriend -- a
crime it seems unlikely she would have been physically able to commit
in the first place. Then, in May of 2012, Louisville police
arrested
Richard Thomas Jarrell Jr., who gave a detailed confession to the
murder for which Susan was imprisoned. It was Louisville, Kentucky Detective Barron Morgan who told Susan's attorneys at the Kentucky Innocence Project about Jarrell's confession. Kentucky State Police complained that Det. Morgan was interfering with Susan's conviction, which led to Detectie Morgan's transfer from detective to night shift patrol. The Real "Code of Silence." |
|
Jurors following the law and with newly discovered
evidence
available to them wouldn’t convict Alfred Cleveland if he were tried
again for the 1991 murder of Marsha Blakely, a federal appeals court
has determined. In a recent decision, handed down on Cleveland’s
43rd birthday, the 6th
U.S. Circuit Court of Appeals ruled that “Cleveland has presented a
credible claim of actual innocence” that is enough to overcome the time
limits that a U.S. District judge previously determined prevented him
from receiving a new trial. |
| Stephen Keyes was convicted of two counts of first-degree murder and arson in a 1996 fire at his home in Springville, near Cedar Rapids, Iowa. Fire Marshal Ray Reynolds is considering a request by Keyes' attorney to review the case, since his office implemented a policy last year designed to prevent wrongful arson convictions in the face of changing fire science. Keyes is seeking a new trial based largely on a report from Gerald Hurst, a prominent defense expert from Texas who worked on the Willingham case and others, that concluded the investigation was based on techniques "long relegated to the category of old wives' tales." |
|
In 1999, Pamela Jacobazzi, a Bartlett, IL day care
provider, was convicted of killing 10-month-old Matthew Czapski
after the child lapsed into a coma while in her care and later
died. She was sentenced to 32 years in prison for "shaking" the
infant. Matthew's pediatric records, however, show he had sickle
cell trait and external hydrocephalus, factors not
considered by the state's expert -- factors which could cause the
child's death in precisely the manner it occurred. |
|
Lathierial
Boyd
In 1985, Lathierial Boyd of Chicago, IL was
a hot young model with a promising career. But in 1990, he became
a prisoner serving a life sentence for a double murder based on tenuous
and conflicting eyewitness identification. His case has split
appellate courts, and he is now waiting to see if the US Supreme Court
will give him the justice he has sought for 22 years.
|
|
A veteran Green Bay, WI
police officer, John Maloney was convicted of murder, arson and
mutilating a corpse in the 1998 death of his estranged wife,
Sandra. But the only evidence of arson was concocted by the
Wisconsin Department of Justice investigators, who used forensic fraud
and perjury to help a now-disgraced prosecutor get the first conviction
of a Wisconsin police officer for the most serious felony under the
law. Despite compelling evidence of his innocence, Maloney
remains in prison for lack of legal representation. |
|
Ricky Kidd has served 16 years of a life sentence without
parole for a murder in Kansas City, MO he didn’t commit. If he
were in almost any other part of the country, he'd be free. But
he's in the Eighth Circuit, which has such a high standard for
reviewing innocence claims that Ricky has been unable to present his
compelling evidence of innocence. The U.S. Supreme Court is his
last hope. |
|
Willie isn't locked up right now -- he's been released on
parole. But he hasn't been fully exonerated yet, either.
The North Carolina Innocence Inquiry Commission has
agreed unanimously that enough credible evidence exists to refer
Willie's case to a 3-judge panel that has the power to completely
exonerate him. We look forward to the day he will be truly free. |
|
In 2001, the Chicago Tribune examined Daniel Taylor's
conviction in a series called "Cops & Confessions." Despite a
solid alibi, Daniel was badgered into confessing to a double murder and
sentenced to life without parole. It took ten years to get
permission from a federal court to appeal, and the appeal could take
years. Meanwhile, the state of Illinois continues to focus on
defending its conviction, even though it was based on withholding
evidence of innocence and forcing a juvenile to confess to something he
did not do. |
|
Even the St. Louis, MO police who charged George Allen,
Jr. with the rape and murder of Mary Bell in 1982 felt "iffy" about
their case. Small wonder. The rudimentary blood typing
available then excluded Mr. Allen, but the state never turned that
evidence over to the defense. The state concealed the crime scene
diagram they had Mr. Allen draw, too, because it was so
inaccurate. They convicted Mr. Allen, and kept Mary Bell's killer
on streets and free to kill again and again and again. UPDATE: November 2, 2012 -- Cole County Circuit Judge Dan Green on Friday ordered 56-year-old George Allen Jr. released from prison within 10 days unless the St. Louis circuit attorney decides to retry him. |
|
Ten years ago, a Jackson, Mississippi jury convicted Jeff
Havard of brutally raping and killing six-month-old Chloe Britt while
he was caring for her, and he was sentenced to death. After all,
pathologist Dr.
Steven Hayne
testified the baby had been raped, and police said she was "ripped from
end to end." Turns out, no, that's not what happened. Baby
Chloe was
not sexually abused; she died because of a tragic fall. But Jeff
Havard still awaits execution. UPDATE: April 2, 2015 -- The Mississippi Supreme Court unanimously ruled that death row inmate Jeffrey Havard can proceed with an evidentiary hearing to challenge his murder conviction. A favorable ruling in that hearing could then result in a new trial. |
|
In 1998, when Barton McNeil's young daughter, Christina,
was killed, no one believed his claim that his former girlfriend,
Misook Wang, did it. A jury convicted McNeil and he was sentenced
to 100 years in prison. But now Wang has been charged with
killing her mother-in-law, and the Downstate Illinois Innocence Project
has stepped forward to help McNeil prove his innocence. |
|
The Virginia Court of Appeals has overturned the
first-degree murder conviction of a former Navy SEAL trainee in the
1995 slaying of college student Jennifer Lea Evans in Virginia
Beach. In granting an appeal of Dustin Allen Turner, a divided
three-judge
panel vacated his convictions of murder and abduction with intent to
defile and found him guilty only of being an accessory after the fact
-- a misdemeanor. The judges remanded the case to the Virginia Beach
Circuit Court with instructions to modify the conviction order
accordingly. This is the first petition contested by the state
that has been granted under Virginia's Actual Innocence statute. UPDATE: January 12, 2011 - An en banc review by the full Virginia Court of Appeals has reversed the 3-judge panel and affirmed Dustin Turner's conviction, ruling that a rational juror could infer that Turner still could be guilty of abduction by deception with the intent to defile and, therefore, guilty of felony murder. UPDATE: September 17, 2011 - The Virginia Supreme Court has unanimously rejected Dustin Turner's bid for exoneration. In Depth: What Happened to
Jennifer?
|
| Kristine Bunch of Greenburg, Indiana has been in prison since 1996, convicted of arson and murder in a fire that claimed the life of her young son. Her conviction was based on junk science and made a certainty when the prosecution and ATF hid evidence of her innocence. The Center on Wrongful Convictions at Northwestern University School of Law is seeking her exoneration. |
|
Unbelievable. In 1987, Leo
Schofield was convicted of killing his wife,
Michelle, based entirely on circumstantial evidence. In 2004,
fingerprints
found in Michelle's bloodied car were identified as those of Jeremy
Scott,
a violent felon who lived near the canal where Michelle's car and body
were
found. But the Florida Court of Appeals has denied Leo Schofield a new
trial
because, they say, those fingerprints do not give rise to a reasonable
doubt
about Leo's guilt.
|
|
In 1988, the centerpiece of the
prosecution's murder case against William
Ray -- in fact, the only physical evidence the state had -- was a
baseball
cap worn by the man who killed Baltimore restaurant owner George
Prassos.
But when Ray's defense team sought the cap for DNA testing, prosecutors
say
it has been lost. How convenient; how unbelievable. |
|
He wasn't named Bill and he
didn't
look like anyone else in the line up, but in 1982, a traumatized child
said
he was the man who murdered her mother. Rodney Lincoln had only
family
members for his alibi, and it wasn't enough to outweigh the single
pubic
hair from the murder scene that lab analysts said was "consistent" with
his
own. Now, 29 years later, DNA testing proves that was not
Rodney's
hair. He is hoping to die a free man.
UPDATE: St. Louis Circuit Court Judge Robin Vannoy has scheduled a three-day hearing in September, 2013 to consider both sides. It will be the culmination of a seven-year battle under a state law that allows for post-conviction DNA testing in certain instances, and will be key to whether Lincoln’s convictions are overturned. |
|
In 2009, a Battle Creek, MI judge ordered
a
new trial for Lorinda Swain, who has steadfastly maintained her
innocence
since being accused of a sex crime with her son.
Judge
Conrad Sindt ordered the new trial after hearing two days of testimony
that
included new witnesses and her son, who recanted his original statement. UPDATE: May 1, 2011 - In 2010, the Michigan Court of Appeals reversed Judge Sindt, reinstating Lorinda Swain's conviction. The state supreme court declined to hear the matter, and she will have to return to prison to complete her 25 year sentence. UPDATE: Aug. 23, 2013 - Judge Sindt, after hearing the testimony of another witness who had been suppressed at trial, has again reversed Lorinda's conviction. Prosecutor Susan Maladenof can appeal Judge Sindt’s order again, try the case with no witnesses and no physical evidence, or dismiss the charges. |
|
While Robert Caulley was trying to prove that he didn't
murder
his parents nearly 15 years ago, his defense attorney and wife were
engaged
in a romantic affair before, during and after the trial, according to
records
filed on April 20, 2011 in Franklin County Common Pleas Court.
Gosh,
d'ya think his lawyer had a reason to want him convicted? Click below to learn
about
all the other evidence of Robert Cauley's innocence.
UPDATE: January 10, 2012 -
Robert Cauley is granted a new trial. Click HERE to
read the Court's decision (pdf format).
|
|
Another mistrial has been declared in the long saga of the
Westchester
County (NY) prosecutor's attempt to convict Selwyn Days of a double
murder
with no DNA or other physical evidence pointing to him. The
deadlock
this time was 9 to 3 for acquittal. "Of course
the case
will be retried," said DA spokesman Lucian Chalfen. December 20, 2011 - Selwyn Davis was convicted at his fourth trial, and sentenced to two consecutive terms of 25 years. “We’re going to continue fighting for him. We’ve maintained his innocence throughout,” said his lawyer, Glenn Garber of the Manhattan-based Exoneration Initiative. |
|
Ronnie Rhodes has spent 30 years in a Kansas prison for a
murder he says he didn't commit. His case remained forgotten until last
year, when
it caught the attention of students in a class at Washburn law school
studying
wrongful convictions. To them, Rhodes' conviction illustrates
many
of the problems found in hundreds of cases where inmates were later
proven
innocent through DNA — ambiguous eyewitness testimony, ineffective
defense
and questionable evidence. |
|
A panel of Pennsylvania Superior Court judges
has overturned a Montgomery County judge’s decision denying
Robert Conway’s
bid to conduct DNA tests on items recovered from a 1986 crime scene –
tests
Conway claimed might prove his innocence. County
Assistant
District Attorney Robert Falin fought Conway’s request, and a
reasonable
person has to wonder what the State is trying to hide. |
|
Chad Evans is serving a 43 years-to-life sentence at the
state
prison in Concord, New Hampshire. He was convicted of murder in
the
death of 21-month-old Kassidy Bortner, who died in November,
2000.
But he said new material, including DNA evidence, has come to light in
his
case. |
|
Greg
Brown Jr., 33, of Pittsburgh, PA who has been in state prison since
1997, serving three consecutive life prison terms, claims that he has
new evidence
that shows that two witnesses who received reward money after the trial
did
not disclose potential payment at trial and that the fire on Bricelyn
Street
in Homewood wasn't arson. That evidence came as a result of an
investigation
conducted by the Innocence Institute of Point Park University.
UPDATE: March 13, 2014: Greg Brown granted new trial. |
|
Bennett was found guilty and sentenced to life in prison
in
1984 for the murder of his neighbor, Helen Nardi the year before. He
has long
maintained his innocence. He passed a lie detector test. He could not
be
tied to the case by a rape kit examination. And several people
testified
he was elsewhere when Nardi was sexually assaulted and murdered.
The state attorney's office used a familiar strategy in convicting
Bennett
-- employing testimony from dog handler John Preston in combination
with
a jailhouse snitch who came forward in return for promises of
leniency.
There is no DNA in the Bennett case, but a strong case for his
innocence
nonetheless. |
|
Mr. VonAllmen spent 11 years in prison for a 1981
abduction
and rape he has always insisted he did not do. Although he has
been
outside prison walls for 16 years, he is still willing to risk being
found
guilty again in order to clear his name -- and the Kentucky Innocence
Project
is helping him. |
|
Steve Haddock visits the grave of his mother, Barbara, a
few times a year at the St. Joseph Catholic Cemetery in Lenexa,KS. The
plot next
to Barbara is reserved for Steve’s father, Ken. The inscription
on
the headstone reads “Ken and Barbie Forever.” In a complicated
legal
case, Steve and his two sisters, Jen and Jody, have been fighting for
the
release of their father for nearly two decades, never losing faith in
his
innocence. “There was never, ever any thought in our minds that
our
dad could have done this,” Steve said. |
| In 1985, Cress was convicted of raping and battering Battle Creek, MI teenager Patty Rosansky, leaving her body in a trash-filled ravine. Since then, his case has been argued through state and federal courts in a bewildering history of lost and destroyed evidence, contrary confessions from an Arkansas killer, pleas by a U.S. senator and demands of prosecutors and the Rosansky family that he never go free. Now his bid for release is before the board that will advise Gov. Granholm. |
|
Representatives from The Connecticut Innocence Project, a
division
of the state public defender services, have collected evidence in the
case of Erik C. Rasmussen, who was 25 in 1990 when a jury convicted hm
of murdering
his wife, 22-year-old Loreli T. Rasmussen.
Rasmussen,
who has maintained his innocence since his arrest, would be the first
case
examined with the help of a nearly $1.5 million post-conviction DNA
federal
grant awarded collectively to the Connecticut Innocence Project, Office
of
the Chief State’s Attorney and state forensic science laboratory. |
| The Ohio Innocence Project has filed a motion on behalf of 47-year-old Glen Tinney, asking a Richland County judge to allow Tinney to withdraw his guilty plea in the 1988 death of 33-year-old Ted White. The county prosecutor's office is opposed. But Mansfield police Lt. John Wendling said he has believed for years that another man committed the crime and convinced Tinney to plead guilty after the two became friends while serving time in the same facility. The Ohio Innocence Project has said there are at least 65 factual errors in the case. |
|
After 20 years in prison for the 1987 murder of a young
woman
in Sauk County, WIsconsin, Terry Vollbrecht is hoping that new DNA
findings
will prove what he has said from day one: He is innocent.
The
Wisconsin Innocence Project has filed a motion for a new trial based on
the
DNA evidence, as well as evidence withheld from the defense 20 years
ago. |
|
Reynold Moore, 62, one of six men
convicted
in October 1995 of being party to the murder of Tom
Monfils
in a Green Bay, WI paper mill,has enlisted the aid of
the
Wisconsin Innocence Project in seeking a new trial.
The new evidence in Moore's appeal concerns testimony by James Gilliam,
a
prison inmate who had testified at trial that Moore told him in jail
that
he participated in a group beating of Monfils at a water fountain in
the
mill. WIP attorney Byron Lichstein claims Gilliam
has
since changed his story and now says Moore actually told him that Moore
stepped
in to try to prevent the beating, not to participate in it.
Without
Gilliam's jailhouse snitch testimony, there is no evidence connecting
Moore
to Monfils' death. UPDATE: On January 21, 2010, Rey Moore's petition for a new trial was denied. |
|
Debra Jean Milke has been sitting on Arizona’s death row
for nearly 20 years, largely because a police detective said she
confessed to
plotting her 4-year-old son’s murder. Now Ms. Milke could get a
new
trial, and even her freedom, because the detective, who was alone with
Ms.
Milke when he said she confessed, skipped one of the most basic steps
when
officers interview suspects — getting them to sign a Miranda waiver,
giving
up their right to remain silent. “I don’t
know
any place in the civilized world in the last 30 years,”
said
Judge Alex Kozinski of the United States Court of Appeals for the Ninth
Circuit,
in San Francisco, “where a state has found a waiver of
constitutional
rights without a signed waiver.” |
| Karl Vinson's family hopes that science will redeem their faith and convince the authorities to free him after 23 years in prison. The Innocence Project at the University of Michigan Law School, in a motion filed September 14, 2009 in Wayne County Circuit Court, said it has new scientific evidence that Vinson was not the man who crawled through a window in 1986 to rape a 9-year-old Detroit girl in her bed. |
| The Harris County (Texas) Medical Examiner's office has quietly rewritten the results of a 1998 autopsy, prompting renewed innocence claims on behalf of a baby sitter sent to prison nearly a decade ago for allegedly shaking a 4-month-old infant hard enough to cause fatal injuries. The original autopsy classified the baby's death as a homicide and was used by prosecutors as a key piece of evidence against Cynthia Cash, now 53, a former nurse convicted of fatal injury to a child after 4-month-old Abbey Clements died after being rushed to the hospital from Cash's home. But the modified autopsy report made public in a new appeal calls the cause of death “undetermined” and found no evidence of “trauma” in the postmortem exam. |
|
The Ohio Innocence Project says Kevin Keith did not kill
three people, including a 7-year-old girl, and wound three others in a
1994 shooting
in Bucyrus. The group, which has asked the Ohio
Supreme
Court to consider Keith's claim of innocence, generally steers clear of
death-penalty cases because inmates already have attorneys making their
case. In this one,
Keith's public defenders say there is another suspect and that a police
detective
lied about a witness' statement. UPDATE: 4/6/10 - Innocence groups from around the country have asked the U.S. Supreme Court to hear the case of an Ohio man sentenced to die in September for fatally shooting three people. Evidence that could clear Keith has never been heard. Ohio is determined to kill him. |
|
Owen Barber pulled the
trigger ten times and told a Northern Virginia jury that his friend
Justin Wolfe
had hired him to do it. Barber cut a deal with prosecutors and got 28
years.
Wolfe got the death penalty. Did Barber tell the truth—or is an
innocent
man awaiting execution? UPDATE - 5/11/09: The US Court of Appeals for the 4th Circuit on May 11th, 2009 ordered a federal district-court judge to reexamine Barber’s recantation. The judge, Raymond A. Jackson of the federal district court for eastern Virginia, previously had dismissed the new evidence in the case, but a three-judge panel found errors in that decision. While the panel did not order Jackson to hold an evidentiary hearing, it noted that Barber’s testimony was key to Wolfe’s prosecution—a fact that it said “strongly suggests” the need for a fresh investigation. UPDATE: In 2011, a federal judge overturned Justin's conviction, ruling that prosecutors engaged in such egregious misconduct that he should not be retried. But the Commonwealth appealed, and in May, 2013, a 3-judge panel of the 4th Circuit Court of Appeals, in a 2-1 split, ruled Justin can be retried. Dissenting Judge Stephanie Thacker wrote: "The Commonwealth’s misconduct has continued far too long, and the cumulative misconduct permeating this case has tainted it in such a way that it is doubtful Wolfe will receive a fair and just trial. Enough is enough." |
|
Gary Richard of Houston, TX has spent over 20 years in
prison
for a rape he didn't commit, thanks to the defective lab work of
Christy
Kim and the perjured testimony of boss, James Bolding. Simple
serology
tests excluded Gary, a secretor, since the rapist was a
non-secretor.
Prosecutors concede Gary should be released, but they continue to deny
his
innocence. |
| Curtis Severns has been in federal prison since 2006. Convicted of intentionally starting the fire in his gun shop, he has 25 more years on his sentence. Severns has maintained his innocence all along. As in many arson cases, he was convicted almost exclusively by the testimony of fire investigators who relied on assumptions that some of the leading arson experts in the country now say are false. In fact, new evidence and a Texas Observer investigation reveal that Severns remains in federal prison in Beaumont for a crime he didn’t commit. |
|
Davontae Sanford, a developmentally disabled 16-year-old,
sits in prison after his lawyer says he was coerced to confess to
killing four
people in a rumored drug house on Detroit's east side. Now, an
admission
from a confessed hit man could finally win him a new trial. |
|
It was one of the most
terrifying
crimes ever to hit Kaukauna, WI, a community of 13,000.
On June 25, 2000, Shanna Van Dyn Hoven, a 19-year-old UW-Madison
student,
was stabbed to death as she jogged by a quarry near her home about 6
p.m. Prosecutors said
Hudson
stabbed Van Dyn Hoven, a stranger, in a fit of misplaced rage, and that
they
caught him red-handed, covered in her blood. Newly uncovered
evidence,
however, appears to support Hudson's contentions -- and raises more
questions
about the conduct of the police and the prosecutor, Vince Biskupic. Related
Links
|
|
Defense attorneys in a 20-year-old murder case are now
pointing the finger at a Colorado inmate in an attempt to free their
client. The defense
outlined some of its claims during a hearing in Scotts Bluff County
Court
(Nebraska) Tuesday. A jury convicted Jeff Boppre, 44, in March
1989
of two counts of first-degree murder in the Sept. 19, 1988, murders of
Richard
Valdez, 25, and his pregnant girlfriend, Sharon Condon, 19.
Increasingly sophisticated DNA tests appear to support what Jeff has
said for two decades
-- he's innocent. |
| Michael O'Laughlin, of Lee, MA, has been convicted, freed and convicted again for beating a Lee woman nearly to death in 2000. Now, he is hoping to be freed again. He was convicted in 2002 of beating Annmarie Kotowski with a baseball bat in her apartment. That verdict was overturned by a state appeals court in 2005, which found there was insufficient evidence to support a guilty finding, but then reinstated in 2006 by the Supreme Judicial Court. Now the New England Innocence Project is seeking DNA testing of the blood, hair and other voluminous physical evidence that could identify the assailant. And we're all wondering why the testing wasn't done in the first place. |
|
DNA tests have excluded Charles as the donor of skin found
under
the fingernails of Edna Franklin, the 72-year-old North Houston, TX
grandmother
he was convicted of beating and stabbing to death. Charles is
scheduled
to die, and Texas has the most efficient death machine in the
country.
Is innocence enough to spare him from the executioner? |
|
When William Richards came home from work in High Desert,
CA
and found his wife, Pamela, bludgeoned to death with a cinder block on
their
front lawn, he instantly became the only suspect. The local
authorities
had to work hard to obtain a conviction, though. It took three
trials
-- the first two ended with hung juries -- and false evidence
manufactured
by a county crime lab analyst to make William appear guilty. Now
DNA
from under Pamela's fingernails excludes William, and DNA on the murder
weapon
shows someone else was holding it. The DA, of course, just
doesn't
see William being exonerated. UPDATE: August 13, 2009 - California Superior Court Judge Brian McCarville has granted a Writ of Habeas Corpus filed by the California Innocence Project on behalf of William Joseph Richards. "The court finds due to the bitemark, DNA and hair evidence that the People's case was undermined and points unerringly to innocence," Judge McCarville wrote. Will the DA prosecute Richards a fourth time? |
| On Sept. 15, 1978, the night Muhammad Ali made boxing history by defeating Leon Spinks to win the heavyweight championship for a record third time, a security guard was robbed and killed while on duty at a Masonic temple in Harvey. Four days later, Harvey police detectives said Anthony McKinney, 18, had confessed to killing Donald Lundahl with a single shotgun blast to the head. No physical evidence linked McKinney to the crime -- the shotgun and Lundahl's wallet were never found. Now, more than three decades since McKinney's arrest, Karen Daniel and Steven Drizin, lawyers at Northwestern University Law School's Center on Wrongful Convictions, are seeking a new trial based on new evidence they say shows that McKinney is innocent. They cite evidence uncovered by journalism and law students at the university that includes a videotaped interview with another man who said he was there when Lundahl was killed and that McKinney wasn't involved. |
|
Traveling salesmen Travis Rowley and Michael
Lee
are accused in the deaths of Tak and Pung Sil Yi, who were killed in
their
Albuquerque, NM home in December, 2007. But Clifton Bloomfield
has
pled guilty to the crimes, confessing that he acted alone, and
Bloomfield's
is the only DNA at the scene. Prosecutors soldier on, incapable
of admitting
error. |
| Prosecutors in Elyria, Ohio don’t seem to be interested in whether convicted killer Clarence Weaver has been wrongly imprisoned for the 1991 murder of his wife. That's why they're opposed to DNA testing of rape kit and other evidence, tests that could show semen or biological material that was missed and possibly identify another suspect . One possible suspect is the Weaver’s former neighbor, Gilbert Glass Jr., who is in prison after being convicted in a sexual assault with similarities to the attack on Helen Weaver. |
|
Temujin was convicted of murdering a man he had never met
in
Flint, Michigan on November 5, 1986, even though numerous witnesses
placed
him in Escanaba, Michigan at the same time, 460 miles away. How
did
the prosecutor leap that huge alibi gap -- literally the size of Lake
Michigan?
He told the jurors that Temujin "could have" chartered a plane, but
never
offered any proof of that. One juror said his alibi was "too
perfect."
They convicted him anyway, and he's been in prison since then. |
|
When Melissa Koontz disappeared June 24, 1989 from the
highway
between Springfield and Waverly, Illinois, her story brought to life
every
young woman’s biggest fear and every parent’s worst nightmare. A week
later,
authorities discovered the body of the 18-year-old Culver-Stockton
College
honor student dumped in a cornfield west of town. Koontz had been
stabbed
to death. Though the body was fully clothed, Koontz’s bra was
unfastened
and her underwear torn. Eventually, five people were sent to
prison
for the crime, which authorities said at the time began as a robbery.
Two
of the accused, Gary Edgington and Tom McMillen, are serving life
sentences
in prison. Edgington confessed to helping murder Koontz, but
McMillen
has steadfastly denied he had anything to do with it. Nearly 20
years
after the crime, the Downstate Innocence Project at the University of
Illinois
at Springfield wants to see if McMillen is telling the truth. |
|
An all-white jury in Concord, NC convicted Ronnie Long of
the
rape of a prominent white widow -- the wife of a Cannon Mills executive
--
in 1976, a crime Ronnie has always denied committing. His
conviction
was based on the victim's eyewitness identification of Ronnie.
Now
staff and attorneys with the NC Center on Actual Innocence have
uncovered laboratory evidence that clears Ronnie -- evidence the state
had all along
and hid from Ronnie's defense for 32 years. |
|
When Milwaukee, WI police told 17-year-old Alphonso that
he
could go home as soon as he signed and initialed a statement he hadn't
written
and couldn't read, he did as they told him to do. He didn't go
home.
He went to prison for a murder he knew nothing about.
Twenty-three
years later, Alphonso is still trying to get home, and his supporters
have
formed Justice4James to help him get there. |
|
Bloomington, IL gas station attendant Bill Little was
killed
in a robbery on March 31, 1991. In 1999, Jamie Snow and Susan
Claycomb
were charged with his murder and robbery. Susan was acquitted,
but
Jamie was convicted and sentenced to life in prison. Now, a
former
police officer who was one of the first on the scene says the lone
eyewitness
could not have seen Jamie as he testified he did. |
|
What were you doing in 1981? Had you even been born
yet?
William Dillon of Brevard County, Florida started a life prison term
that
year for a crime he didn't commit. His case had all the hallmarks
of
a wrongful conviction; now DNA confirms his innocence. |
|
It was a hot, humid August night in 1995 when two men
entered
E.T.'s Sandwiches Almighty Deli in Newark, NJ ordered "a corn beef
sandwich
with everything" and shot the owner dead. Newark
detectives
quickly zeroed in on a suspect, Darrell Edwards, who lived in the
neighborhood,
and arrested him on Sept. 15, 1995 based on a "police-directed"
identification
of him by a heroin addict, who has since recanted. After three
mistrials,
a jury convicted Edwards of store owner Errich Thomas' murder.
Now,
DNA proves what Darrell has said all along: he wasn't
there.
The state, of course, is wrapped in denial and opposing a retrial. |
|
The teenager’s brutal 1997 murder shocked Fairbanks,
Alaska.
Four young men are serving decades for the crime. Yet, 10 years later,
questions remain about the Hartman verdicts. Was justice served? This
series presents
the results of a six-year, independent investigation by a University of
Alaska
Fairbanks journalism professor and his students. The Daily News-Miner
provided
financial and editing support for this project. |
|
For almost 22 years, Robert Conway of Norristown, PA has
proclaimed
his innocence in the brutal stabbing murder of shopkeeper Michele
Capitano.
The only evidence authorities had was testimony from a jailhouse snitch
who
claimed Robert confessed to him. The commonwealth
failed
to identify a single droplet of Ms. Capitano's blood on Mr. Conway's
person,
clothing, shoes and pocket knife. Now Robert is seeking DNA tests
to
prove his innocence. |
|
Emerson is anything but a sympathetic figure. A
thief
and forger, he told Pennsylvania police that he witnessed two men rape
a woman and throw her off a 44-foot-high Juniata County bridge in
1977.
He was looking for a break for himself by making up lies to frame
others,
and it backfired. Emerson was charged with the murder, and former
star
junk scientist, police chemist Janice Roadcap, clinched the conviction
when
she testified that a "uniquely shaped" hair on the victim's leg came
from
Emerson's chest. But DNA has cleared Emerson, who appears to be
what
he has said all along that he is -- innocent of murder. |
|
A Waco, TX attorney has launched an innocence project at
Baylor University, choosing one of the most gripping cases in McLennan
County history
as the group’s first assignment. Since February,
Walter
M. Reaves Jr. and three Baylor Law School students have been poring
over
evidence from the 1988 trial of Ed Graf. The Hewitt resident was
convicted
of killing his two stepsons by burning them alive in a storage shed
behind
their home. He is serving a life sentence in a Gatesville prison.
Graf's
conviction was based entirely on circumstantial evidence.
Deciding someone’s guilt on such measures is not prudent, Reaves said.
Once
someone is painted as a criminal, almost any action they take can be
construed
to fit that theory, he said, even though there may be innocent
explanations
for it. UPDATE - May 29, 2008 - The Texas Observer's Dave Mann takes an in-depth look at the evidence in Ed Graf's case. Victim of Circumstance? UPDATE - March 28, 2013 - New trial ordered in Ed Graf's 1986 arson/murder case. |
| In 2004, Sebastian Burns and Atif Rafay were convicted in a Washington state court of the brutal bludgeoning of Atif's father, his mother and his autistic sister.They were also convicted in the court of public opinion. We believe that they are in prison for the remainder of their lives because the public and the jury were denied access to the truth. |
|
This is a story about an innocent man who has been in
prison
for 26 years while two attorneys who knew he was innocent stayed
silent. They
did so because they felt they had no choice. Alton
Logan was convicted of killing a security guard at a McDonald's in
Chicago
in 1982. Police arrested him after a tip and got three eyewitnesses to
identify
him. Logan, his mother and brother all testified he was at home asleep
when
the murder occurred. But a jury found him guilty of first degree
murder.
New evidence reveals that Logan did not commit that
murder.
What is worse, the attorneys for the real killer, Andrew Wilson, knew
Logan
was innocent, but could not violate lawyer-client confidentiality to
expose
him. |
|
Don Siegelman, former Democratic Governor of Alabama, has
a
lot in common with
Georgia Thompson
. Both were prosecuted for acts that were not crimes, by
politically motivated U.S. Attorneys, at the behest of vengeful
politicos highly placed
in the Bush administration. The Seventh Circuit Court of Appeals
tossed
Thompson's conviction at the conclusion of oral argument, ordering her
immediate
release from prison. It has taken longer, but the foundation of
lies
and corruption underlying Siegelman's conviction is starting to
crumble.
Clearly, Bush and his cronies have turned the U.S. Department of
Justice
into a cadre of political operatives. |
|
In 1990, when he was charged with the murder of Myron
Hailey
in Fayetteville, NC, Lamont McKoy turned down a plea deal that would
have
had him out of jail in 7 months. He knew he was innocent, and he
believed
a jury would see that. He was wrong. With only speculation
and
innuendo as evidence, the state convinced a jury of Lamont's
guilt.
He has been in prison ever since. Now he's hoping the North
Carolina
Center on Actual Innocence can help him clear his name and gain his
freedom. |
|
On March 21, 2000, Christopher Fuller of Hamilton, Ohio
told
police his daughter Randi, almost 3 years old, choked on a glass of
water
and held her breath. But after a grueling interrogation that was
not
recorded, police claimed Fuller confessed to killing Randi when she
resisted
his attempt to sexually assault her. He was charged with capital
murder,
but the Hamilton authorities were apparently worried about getting the
death
penalty, so they brought in Dr. Death,
Dr. Charles Smith of Ontario, Canada. Smith was already under
investigation for finding
crimes where none existed in the deaths of children. He came
through
for the Ohio boys. The jury not only convicted Fuller, they
recommended
death. Only Fuller's previously clean record saved him from
execution,
but he still languishes in prison, for the rest of his life. |
| THE CHARLES SMITH BLOG
|
| Harold Levy
, author of The Charles Smith Blog, tells us: I recently retired from
the
Toronto Star where I have been reporting on Dr. Charles Randal Smith -
a
former pediatric pathologist at the Hospital for Sick Children - for
the
past six years. I intend, through this blog, to periodically report
developments
relating to Dr. Smith in the context of the on-going public inquiry,
the
on-going independent probe of cases he worked on between 1981 and 1991,
and
cases which have been launched, or will be launched in the civil
courts.
I am currently researching a book on Dr. Smith and would appreciate
hearing
from anyone who can provide me with useful information. |
|
Multimedia
Investigative Report by Christine Young
New York Times-Herald
Record
UPDATE: |
|
John Spirko is hard to like. He's
lived a life of crime that makes
him virtually incredible. But he says he's innocent of the murder
of
Betty Jane Mottinger, a crime that put him on Ohio's death row.
An
investigation by the Cleveland Plain
Dealer strongly supports Spirko's claim that he did not commit
this crime. Click HERE to read Bob Payne's full series about John Spirko at the Cleveland Plain Dealer. UPDATE: Ohio governor commutes Spirko death sentence to life without parole. |
|
Lee Wayne Hunt of Smithfield, NC vividly remembers the day
21
years ago when an FBI scientist walked into a North Carolina courthouse
and
told jurors that he was able to match the lead content of bullets found
at
the crime scene to that of bullets in a box connected to Hunt's
co-defendant.
The testimony provided the sole forensic evidence to corroborate the
prosecution's
circumstantial case. In 2005, the bureau ended
its
bullet-lead-matching technique after experts concluded that the very
type
of testimony given in Hunt's case -- matching a crime-scene bullet to
those
in a suspect's box -- was scientifically invalid. They threw out
the
science -- but haven't lifted a finger to help the wrongly convicted
put
into prison by it. |
|
“Max Soffar
has
been on Texas’s death row for almost three decades for a crime he did
not
commit,” David Dow, Head of the Texas Innocence Network and one of
Soffar’s
attorneys, told the Texas Court of Criminal Appeals. “We urge the court
to
do the right thing and strike down Mr. Soffar’s wrongful conviction.
Too
many innocent people have been executed as a result of mistakes in the
system.
The risk of executing an innocent man is unacceptable in a just
society.” |
| A retrial could be in the works for two men convicted of murdering a woman outside a convenience store 11 years ago in West Texas. Judge Felix Klein found that the jury might have reached a different verdict in the cases of Alberto Sifuentes and Jesús Ramírez had it heard about an alibi witness who could place the men almost 35 miles from the crime scene minutes before the murder in Littlefield, and if defense attorneys had investigated two other suspects who matched descriptions given to police. |
|
Frederick Freeman sits in a Michigan prison, sentenced to life, for a small-town murder 20 years ago. A team of advocates, from former FBI agents to a veteran TV newsman, says he was railroaded while the real killer remains free. In a remarkable series published in the Detroit Metro Times, Sandra Svoboda explores the first investigation, years of re-investigation, and the crucial role of eyewitness identification.
|
|
The
Dallas County district attorney's office is looking into whether Clay
Chabot was unfairly convicted in the 1986 rape and murder of a Garland
woman
after a recent DNA test connected another man to the crime.
Gerald Pabst was arrested on a capital murder charge on July 31, 2007,
two
decades after he testified that Clay Chabot attacked Galua Crosby. Mr.
Chabot
was convicted and sentenced to life in prison. DA Craig
Watkins
said Mr. Chabot, 48, could get a new trial. DNA does not link him to
the crime. UPDATE: 10/19/07 - Both the prosecution and the defense joined in a motion for a new trial for Clay Chabot. Judge Lana Myers agreed with the requests, and now the Texas Court of Criminal Appeals must approve her recommendation. |
|
"He" is from West Hartford, Connecticut, short, clumsy and
mentally
impaired, with thick glasses and hearing aids in both ears, given to
telling
the same stale jokes over and over. His nickname was Mr. Magoo. He once
was a dishwasher. He’s now a convict serving a life term for rape and
murder. "They" are people who befriended him without
knowing him: advocates for the
disabled, lawyers, writers, a detective, nurses, business people,
psychologists,
teachers, perhaps 100 in all at different times, a core group of
perhaps
25. For years, many of them met every other Wednesday at the Burger
King
in Wethersfield, Connecticut to plot strategy. At last, they are
taking
his innocence claims back to court. UPDATE: Judge calls LaPointe's petition a waste of time. UPDATE: Killers in MacDougall . There are killers in MacDougall-Walker Correctional Institution. Richard Lapointe is not one of them. UPDATE: March 25, 2009 - The tide may have finally turned in Richard's favor. The Connecticut Court of Appeals has ruled that Judge Fuger was wrong in dismissing Richard's claims of suppression of exculpatory evidence and ineffective assistance of counsel (which the judge called "a waste of time"). Click HERE to read the opinion. For more information, visit www.friendsofrichardlapointe.com . UPDATE: March 31, 2015 - The Connecticut Supreme Court has overturned Richard's conviction and ordered a new trial. His supporters are hopeful that he can be released from prison promptly. |
|
Perhaps
only Roger Dean Gillispie knows for sure whether he kidnapped and
raped three Fairborn, Ohio area women in 1988. No physical
evidence tied him to the crime. He was convicted on the basis of
eyewitness identifications
made two years after the crimes occurred. His case illustrates
the
tough road for inmates who insist they are innocent but cannot use DNA
to
prove it. UPDATE: 7/9/08 - Roger's petition for a new trial was denied at the local court level. The judge found that the eyewitness identification issues were "fully litigated" before Roger's first conviction, that the defense "should have known" about discovery violations, and that the defense has no new information about an alternative suspect whose official presence goes back to the beginning of the case. The Ohio Innocence Project, representing Roger, will appeal. UPDATE: 12/15/11 - U.S. District Magistrate Judge Michael R. Merz has ruled that Roger Dean Gillispie didn’t get a fair trial when he was convicted of rape, kidnapping and aggravated robbery in 1991 and ordered the state to either retry him by July 1 or free him from prison. Former Ohio Attorney General Jim Petro is one of Gillispie's advocates; the current Ohio Attorney General vows to appeal. A classic case of false identification and prosecutor intractability. UPDATE: 12/23/11 - Roger Gillispie has been released from prison on recognizance bond, wearing an electronic monitor and kept under house arrest. His legal saga could continue for years. |
|
Consider the pitiful case of Cesar Fierro, who has been on
death
row since 1980 for the murder and robbery of El Paso taxi driver
Nicholas Castanon. Fierro, who was not
considered a suspect
until months after the February 1979 murder, was convicted on the basis
of
two things: the shaky testimony of an alleged co-conspirator and his
own
confession, which many now conclude was coerced. Fierro,
whose landlord testified the accused was home on the night of the
killing,
confessed to the crime because he was told his mother and stepfather
would
be tortured by the police in a jail in Ciudad Juárez, where they
lived. After his parents were released from the
Juárez
jail, Fierro recanted. Without that confession, Fierro
would
not be sitting on death row today. The Texas Court of Criminal
Appeals
ruled no harm had been caused by the extorted confession. |
|
The conviction of David Thorne of Alliance, Ohio of murder
for
hire is a textbook example of sloppy crime scene processing, lazy
investigation,
unreliable and contradictory witnesses, unqualified experts and
incompetent
defense lawyering. In fact, criminal profiler Brent Turvey, M.S.,
uses
it to teach investigators and lawyers how
not to handle a murder case. |
|
Defense attorneys for James A. Kulbicki offered a string
of alibi witnesses, and he flat-out said he didn't do it. He was, after
all,
a Baltimore police sergeant, and, he insisted, not a killer. But
a state police ballistics expert named Joseph Kopera helped convict the
officer
by saying that bullet fragments found in his truck and in his mistress'
head
could have come from his gun - testimony that is now being
questioned. Kopera recently killed himself after
being confronted
with evidence that he lied about his credentials. Kublicki's
attorneys challenged Kopera's findings and assertions in court papers
filed
a year earlier, arguing that the firearms examiner's testimony did not
match
his notes. And that was before they discovered that Kopera claimed to
have
degrees that he never earned. UPDATE: It's easy to understand why the Baltimore DA wanted to blindside James Kulbicki and his attorneys. They have to be steaming mad after Kulbicki's lawyers exposed the systematic forensic fraud committed by police ballistics expert Joseph Kopera. But their reach exceeded their grasp when they did DNA tests -- without court approval or notice to Kulbicki's lawyers -- on bone fragments that were contaminated 14 years ago when they were collected. Will One-Upsmanish Replace Law and Science? [Includes full texts of state and defense motions] A joint project by the Washington Post and 60 Minutes reviews the conviction of James Kulbicki, in which key testimony and the science behind it has been discredited. People around the world are learning how the U.S. legal system works based on James Kulbicki's case -- a web of lies woven around junk science and blatant prosecutorial misconduct, a politicized judiciary unwilling to correct injustice, and an apathetic public more interested in entertainment than in truth. As Ludwig De Braeckeleer capably demonstrates for South Korea's Oh My News, The Whole World is Watching . |
|
Barry Allen Beach has maintained his innocence every day
since
he confessed two decades ago to the brutal 1979 murder of 18-year-old
Kimberly
Nees outside Poplar, Montana. Centurion
Ministries believes
Beach and hopes to free him as the group has 40 others who were wrongly
imprisoned
across the nation. They have good reason to believe Beach is
innocent, and that a trio of jealous females killed Kimberly. UPDATE: On August 23, 2007, the Montana Board of Pardons and Paroles rejected Barry Beach's innocence claim and his application for pardon. UPDATE: The Montana Supreme Court on November 24, 2009 sent Barry Beach's case back to District Court in Roosevelt County to conduct a hearing "to assess Beach's allegedly newly discovered evidence." The high court ruled District Judge David Cybulski's March 2008 order did not include the analysis on which he based his decision to deny Beach a hearing on his petition seeking post-conviction relief. UPDATE: On December 7, 2011, Barry Beach was released on his own recognizance while he awaits a new trial. He is free for the first time in almost 30 years. UPDATE: In May, 2013, Barry Beach was forced to return to prison, to continue serving his 100 year sentence for a crime he did not commit, after the Montana Supreme Court overturned a lower court's decision to grant him a new trial. Montanans for Justice. See the website for detailed information and the latest news about this case, and to find out how you can help. |
| Elizabeth Golebiewski was 23 in 1983 when a Lucas County (Ohio) Common Pleas Court jury convicted the North Toledo woman of using a toy gun to sexually assault her daughter and then killing her. A convicted thief testified at trial that Elizabeth had confessed to her during conversations in jail that she had killed the child, offering grisly details that authorities contend only investigators and the killer would have been aware of at the time. Elizabeth's request for DNA testing of the toy gun and other evidence has been granted. And, while it is a long shot, DNA tissue from someone other than the mother or child might just be enough to prompt a judge to review the 1983 conviction. |
| Dewayne Cunningham has spent 11 years of a life sentence in Alabama's Atmore prison for a rape he insists he did not commit. The evidence that might confirm his claim -- a condom wrapper recovered from the Flomaton park where the rape occurred and a pubic hair taken from the victim's body -- remains locked in a vault in the Escambia County circuit clerk's office. Alabama is one of nine states that has no law allowing for DNA testing after a conviction, and authorities have resisted Cunningham's requests for access to the evidence. So his last hope for exoneration rests in a federal lawsuit filed in Mobile by lawyers from the University of Wisconsin Law School's Innocence Project. |
|
On the morning of Sept. 19, 1992, a man named Leonard
Aquino stood with another man in front of a building in Woodside, NY.
He was approached
by a couple of men who spoke briefly, then opened fire. Mr. Aquino was
killed;
another man, Paul Peralta, was shot, but survived. Mr.
Rivera's picture was picked out of an array of photos by Mr. Peralta
and another
witness, and in February 1993, five months after the shooting, Mr.
Rivera
was charged with killing Mr. Aquino and shooting Mr. Peralta. He was
convicted
in December 1995. The eyewitness now says he did not see the
killer
long enough to identify him, and new witnesses have come forward to
assert
that Mr. Rivera was not even present at the scene of the crime. |
|
Cory Maye was convicted of murder in the 2001 death of
Prentiss,
Mississippi police officer Ron W. Jones during a drug raid on the other
half
of Maye's duplex. Maye has said he thought that the intruders were
burglars
and did not realize they were police. He pleaded not guilty at his
trial,
citing self-defense. Nevertheless, Maye was convicted of murder and was
sentenced
to death. On September 21, 2006, the death sentence was overturned by
Judge
Michael Eubanks, and Maye was sentenced to life in prison. His
case
attracted little attention until late 2005, when Reason magazine senior
editor
and police misconduct researcher Radley Balko brought it to light in
the article
we have reposted here. Maye's
supporters say his conviction and sentence raise issues about the right
to
self-defense, police conduct in the War on Drugs, and racial and social
inequities
in Mississippi. They have also raised questions about whether he has
received
competent legal representation. UPDATE: On November 17, 2009, the Mississippi Court of Appeals ruled that Maye's constitutional right of vicinage was violated when Judge Eubanks refused to return the case to Jefferson Davis County, where the alleged crime occurred. The court reversed Maye's conviction and remanded the case for a new trial. |
|
In Chicago in
1997, June Siler mistakenly identified Robert Wilson as the
man who slashed her wish a razor blade, after viewing a suggestive
photo
line up and being told he had confessed. This is a chilling
reminder of how easy it is for police and prosecutors to manipulate a
witness' testimony.
Now, June wants to make things right for Robert. |
|
When police
were summoned to the Bethlehem, NY home of Joan and Peter Porco
in the early hours of November 14, 2004, they found Peter hacked to
death
and Joan terribly wounded. Det. Chris Bowdish felt he knew as
soon
as he walked into the house that one of the two Porco sons, Jonathan or
Christopher,
had to have been responsible. He asked Joan if Jonathan had done
it,
and she shook her head "no." Then he asked if Christopher did it,
and
he says she nodded "yes." There was never any turning back after
that;
no other suspects were ever considered, and the state built a
single-minded
case to convict Christopher -- despite Joan's strong support of
Christopher's
innocence and the irrelevance of a "head nod" as evidence of anything
at
all. Funny thing about Bethlehem, NY. In a span of 5 weeks during the fall of 2004, and within a radius of less than 3 miles, two college seniors with no connection to one another hacked people to death. That is the bill of goods sold to juries, first in Erick Westervelt's case, then in Christopher Porco's case. Det. Chris Bowdish and his partner, Det. Charles Rudolph, used classic Reid techniques over a 2-day period to extract what they said was Erick Westervelt's confession to the bludgeoning murder of Timothy Gray. No physical evidence connected Westervelt to Gray's killing, and Westervelt had a solid alibi. Instead of patting each other's backs, these crack detectives and prosecutors from Albany County, NY should be looking over their shoulders for a serial killer. |
|
False Confessions: An
Important Series from the Pittsburgh
Post-Gazette
and The Innocence Institute of Point Park University False Confessions: How and Why False Confession Cases: Tiffany Pritchett Da'Ron Cox Troy Joseph |
|
Barry Beach of Poplar, Montana has been in prison for 22
years
for the murder of a neighbor. His conviction was based on a
confession
wrung from Beach by investigators in Louisiana, who prayed
with Beach, threatened him and described in detail death by Louisiana’s
electric
chair. The best physical evidence at the scene, a bloody
handprint,
did not belong to Beach and was never explained. Beach's appeals
have
been exhausted, and Centurion Ministries has undertaken his case in
hope
of gaining clemency. UPDATE: Barry Beach, imprisoned 22 years for a murder he and many others say he didn’t commit, has been granted a public hearing by the Montana Board of Pardons and Parole. A Long-Awaited Break . |
|
What trumps
DNA excluding a suspect as the killer in a homicide case?
In Clark County, Nevada, a checkered past and a jailhouse snitch are
more believable than the gold standard of forensic science. |
|
Interrogated
for 10 hours, Jonathan Peskin, a dazed diabetic from Vernon,
CT confessed to child molestation. He has been in prison for 18 months
awaiting
trial. But he is the victim, author Donald Connery writes. |
|
Former FBI Agent
James Wedick, a superstar at the agency, is the latest casualty
in the war on terror. After viewing the interrogation tapes of Umer and
Hamid Hayat, Wedick, the G-man though and through, was stunned. He
immediately
called the defense attorney and told him -- "it's the sorriest
interrogation,
the sorriest confession, I've ever seen." As hard as it was for him to
criticize
his former colleagues and his beloved former employer, he felt
compelled
to testify for the defense, the first such time he had ever opposed the
agency.
But, as Mark Araz writes in his excellent story reposted here from the
LA
Times, the judge refused to allow him to testify. Arax's story is not
only
a story of two wrongful convictions -- it is a powerful story of how
the
FBI has changed since 9/11. Desperate to sniff out Al Qaeda cells,
millions
of dollars in taxpayer money is being spent on investigations being led
by
rookie agents who lack the expertise to lead them. Caution is being
thrown
to the wind, procedures are being tossed out the window, civil
liberties
are being trampled, all in the name of catching terrorists. UPDATE: Before any jury trial begins in the United States, prospective jurors are instructed that a defendant is presumed innocent. It’s up to prosecutors to prove guilt “beyond a reasonable doubt,” and the potential jurors are asked if they can abide by that rule. Hamid Hayat’s terrorism trial last year was no exception, and the 12 jurors who heard the Lodi man’s case raised no objections to jury rules. But the foreman who led them to a guilty verdict later said publicly that it was better to risk convicting an innocent man than to acquit a guilty man. It's Okay to Make the Innocent Pay |
|
On Sept. 28, 2000, Kim Camm and her two children were victims
of a triple murder in New Albany, Ind. They were found shot to death at
home in their
garage.
But just hours after the memorial service, police arrested their prime
suspect,
David Camm, for murdering his wife and two children.
Camm, who claims his innocence, has a very good alibi. Eleven witnesses
say
they were with him at the time of the murder. Nonetheless, he was
convicted.
His conviction was overturned in August, 2004 -- but the charges were
reissued
and Camm is facing retrial. UPDATE: On March 3, 2006, David Camm was again found guilty of murdering his family. UPDATE: Camm and Family Speak Out at Sentencing |
|
Police
were convinced that Michelle Moore-Bosko, a young Navy wife, was raped
and murdered by eight men in her small Norfolk apartment in 1997 while
her husband was away at sea. And five of them confessed. But
Bosko's apartment showed no signs of mass attack, and the DNA left
behind matched only one man: Omar A. Ballard, a convicted sex offender,
who gave details of the killing and said he acted alone. The
four
others who confessed -- Danial
J. Williams,
Joseph J. Dick Jr., Derek E. Tice and Eric C. Wilson --
all Navy sailors, later recanted but were
convicted anyway, and three of them are serving life sentences. UPDATE: Derek Tice wins state habeas. Because of one mistake by his lawyers, one of the men convicted in the 1997 rape and murder of a young Navy wife could be set free, a judge has found. The state, of course, says it will appeal and wants Tice kept in prison while it does so. Click HERE to read the judge's decision. UPDATE: 1/13/01 - Unbelievable! On the same day four former Virginia attorneys general declared that the Norfolk Four are innocent of the rape and murder of Michelle Moore-Bosko, the Virginia Supreme Court flipped his habeas and reinstated his conviction. UPDATE: 4/21/11 - The U.S. Court of Appeals for the 4th Circuit unanimously upheld a lower court's decision to grant a petition to clear the criminal record of Derek Tice, one of four former sailors convicted in the 1997 rape and murder of a Navy wife. One down, three to go. Alan Berlow, an independent free lance writer who has written frequently about wrongful convictions (an earlier article about the Chris Ochoa case for Salon magazine is a classic), has done it again. His piece "What Happened in Norfolk?" picks apart the case against the Norfolk Four, four Navy sailors stationed in Norfolk, Virginia who many believe were wrongfully convicted of the rape and murder of Michelle Moore-Bosko, the wife of another seaman. Three of the men are still locked up despite the fact that DNA evidence found on the victim was linked to another man, Omar Ballard, who subsequently confessed to having committed the crime by himself. Margaret Edds, the author of one of the best books on the Earl Washington wrongful conviction (“An Expendable Man”), has turned her laser-like focus on the infamous Norfolk Four case in this cover story from the Richmond Style Weekly. Anything You Say. UPDATE: While the clemency petition submitted during the administration of Virginia Governor Mark Warner continues to languish on the desk of his successor, Governor Tim Kaine, 26 more voices have joined the throng of police, prosecutors, judges and politicians urging pardon and release of the Norfolk Four. Retired FBI agents conclude Norfolk Four are innocent victims of Virginia's system. UPDATE: 8/6/09 - Gov. Tim Kaine gives half a loaf -- conditional pardon and commutation of sentence -- to three of the Norfolk four. This means they will be released from prison but the Governor refuses to recognize that they are factually innocent. Gov. Kaine has aspirations to higher office, and apparently thinks that doing the right thing will cost him votes. UPDATE: 9/15/09 - A federal judge has overturned the rape and murder convictions of Derek Elliott Tice, one of the "Norfolk Four," ruling that his lawyers should have challenged the use of his confession at his trial. Expect the Commonwealth of Virginia to appeal to the very conservative 4th Circuit Court. UPDATE: 11/20/09 -- Does it ever end? U.S. District Judge Richard L. Williams, who overturned the rape and murder convictions of Derek Tice, has ruled that Tice can be re-tried on the original charges. The state has 120 days to decide whether to re-charge him. UPDATE: 8/5/11 - After dragging out the process nearly two more years, the Commonwealth of Virginia has dropped all charges against Derek Tice. One down, three to go. |
|
Microscopic
comparison of carpet fibers -- utterly junk science -- convicted
Wayne Williams of two of the Atlanta child murders that terrorized the
city
in 1981, and police blamed Williams for 27 other uncharged
killings. The newly
ensconced Dekalb County police chief who was never convinced of Wayne
Williams' guilt has reopened five of the 1981 "Atlanta Child Murder"
cases. Families of many of the murdered children have been
unconvinced all these years, too. Williams says he is imprisoned with at
least four relatives of his alleged victims, and that even they believe
in his innocence. UPDATE: DNA Testing Sought . Lawyers for Wayne Williams, blamed for the murders of two dozen children and young men in the late 1970s and early '80s, have asked to perform DNA testing on dog hair, human hair and blood. |
|
Here's a new
twist on SAID -- Sexual Assault Allegations in Divorce -- where
one spouse levels false sexual assault allegations against the other as
a ploy to obtain custody of the children. Usually the children
are the
alleged victims, but in this case, the wife said
she had been raped. The allegation was made only after Mr.
Coleman
filed for divorce and sought custody and after Mrs. Coleman retained a
divorce
lawyer. There was no physical evidence because Mrs. Coleman said
undergoing
a rape exam "wasn't a priority". Yet a jury in Waterbury, CT
convicted Mr. Coleman of rape. |
|
In 1984, Mohamed El-Tabech of Lincoln, Nebraska went to
get
ice cream. Upon his return home, he found his wife had been
murdered.
He called 911 and responding police found him sitting on the floor,
rocking
back and forth in grief. El-Tabech vowed to kill his wife's
murderer.
Instead, he was convicted of killing Lynn El-Tabech himself. His
fight
for DNA testing led to a new law in Nebraska but the state continues to
oppose
testing in El-Tabech's case. |
|
In 2002,
Broward (Florida) U.S. District Judge Norman C. Roettger, who died
in 2003, granted Kelley a new trial. State prosecutors said they could
not retry Kelley, clearing the way for his release from prison. But a three-judge
panel of the 11th U.S. Circuit Court of Appeals in Atlanta
overturned Roettger's decision and reinstated Kelley's conviction.
Chief
Justice Gerald Tjoflat wrote the opinion. Now
the only thing standing between Kelley, 62, and a lethal shot of
potassium
chloride is the petition to the U.S. Supreme Court by Tribe -- a legal
giant
who represented Al Gore in the recount battle after the 2000 election. |
|
Valentino Dixon
Torriano
Jackson
died in a hail of gunfire from a machine gun one August night in 1991
in
Buffalo, New York.
Today, two men sit in prison: one convicted of that killing but denying
his
guilt, the other insisting he is the killer. Who is telling the
truth,
who is lying -- and why? Read The
Buffalo News series and see what
you think.
|
|
Martin Soto-Fong and the
DA with Killer Instincts [pdf format]
Last
year, former Pima County, AZ DA Kenneth Peasley was disbarred for
intentionally
presenting false evidence in death-penalty cases—something that had
never
before happened to an American prosecutor. In a 1992 triple-murder
case,
Peasley introduced testimony that he knew to be false; three men were
convicted
and sentenced to die. Peasley was convinced that the three were guilty,
but
he also believed that the evidence needed a push. According to the
Death Penalty
Information Center, since the mid-nineteen-seventies a hundred and
seventeen
death-row inmates have been released. Defense lawyers, often relying on
DNA
testing, have shown repeatedly how shoddy crime-lab work, lying
informants,
and mistaken eyewitness identifications, among other factors, led to
unjust convictions. But DNA tests don’t reveal how innocent people come
to be prosecuted
in the first place. The career of Kenneth Peasley -- and the case of
Martin
Soto-Fong -- do. |
|
Katie Hamlin,
a 15-year-old Cherokee County, Georgia girl, met a terrible
end. In the early morning hours of July 2, 2002, she was raped,
strangled and then her body was set on fire. Roberto Rocha, the
20-year-old mentally
disabled son of a preacher, was charged with her murder -- police claim
he
confessed -- and although Rocha can prove he was in Brazil when the
crime
occurred, Cherokee County DA Garry Moss refuses to dismiss the charges. |
|
In
the 1989 nationally syndicated television program on the case, A
Matter
of Life and Death, television journalist Ike Pappas noted: ``In
1975,
Tommy Zeigler was attempting to clean up corruption right in his
hometown
of Winter Garden, Florida. He was helpful in shutting down the old
Edgewater
Hotel, a center of prostitution and drug dealing. But he was also
trying
to gather information on other illegal activities such as gun running
and,
most importantly, loan sharking. The loan sharks made a fortune letting
[black] migrant workers buy groceries on credit at an interest rate of
520 percent
per year. And Tommy Zeigler alleges that certain members of the Winter
Garden
police force were in on the action.'' On Christmas Eve that year, there was a multiple murder at the Zeigler family furniture store. Zeigler was charged with the murders. Maurice Paul, who openly opposed Ziegler's efforts, was the trial judge who presided over Zeigler's fate. Paul overrode the jury's recommendation and sentenced Zeigler to death. Zeigler has maintained his innocence. Now DNA evidence offers Zeigler the hope of a very different future Christmas. |
|
Rodwell
was convicted of the November 1978 fatal shooting of Louis Rose Jr.
outside a Somerville, MA bakery. The state's key witness against him
was David
P. Nagle, a law enforcement snitch who made a career out of committing
armed
robberies to support his drug habit, according to court
documents.
But prosecutors not only failed to disclose the sweetheart deal Nagle
got
in exchange for his testimony -- 7 to 12 years for 10 armed robberies
--
they actively concealed it. |
|
Link: A special interactive report brought to you by journalnow.com A Special ReportThe Attack at the Silk Plant Forest JournalNow Edition *
Winston-Salem, N.C. *
November 21-25, 2004
On Dec.
9,
1995 Jill Marker was brutally beaten in the back of The Silk Plant
Forest,
then located in the Silas Creek Shopping Center. Two years later,
Kalvin
Michael Smith was arrested for the crime. This six month re-examination
of
the case is based on hundreds of pages of police reports and interviews
with
Marker, her family and others.
UPDATE: 1/9/2009 - The hearing on Kalvin Smith’s post-conviction petition took place over this past few week with the primary claims focusing on ineffectiveness of Smith’s trial counsel and Brady violations concerning evidentiary materials which the prosecution and police failed to disclose to the defense. Smith also testified about the circumstances under which he confessed, a confession he has always maintained was false and spoon-fed to him by detectives. In a brief ruling from the bench after closing arguments, Forsyth County Superior Court Judge Richard Doughton dashed the hopes of Smith and all of his supporters who packed the courtroom:“My conclusion is that the defendant has failed to prove his claim, and of these remaining claims, and I’m going to rule in favor of the state.” Smith and his attorneys have vowed to appeal. Meanwhile, another investigation into the case is still ongoing. The City Council assigned a Citizen’s Review Committee to hold hearings on the case to investigate whether there was any police or prosecutorial misconduct, a committee whose mandate was broadened to do intensive fact-finding on the case not unlike an Innocence Commission in March 2008. Perhaps this Committee’s findings can lead to newly discovered evidence that can once again reopen the case for Smith. |
|
Dennis Dechaine has been
in
a Maine prison for 16 years, convicted of the abduction, sexual torture
and
murder of a 12-year-old girl. In a striking move for a state that has
steadfastly defended its handling of the case, Maine Attorney General
G. Steven Rowe has appointed a three-member
panel to review the 1988 killing of Sarah Cherry for any evidence of
misconduct
by police or prosecutors. |
|
Jane was
convicted of killing Bob Dorotik, her husband of 30 years, and
sentenced
to 25 years to life in Chowchilla Women's Prison. Even the judge
has
expressed doubts about her guilt. Now, in her own words, Jane
describes
her life in prison and her continuing belief that someday she will be
free. |
|
Suffolk County
(Boston), MA prosecutors have announced they will seek to
vacate Angel Toro's conviction for the 1981 murder of a motel desk
clerk
because a police report that could have cleared him was withheld from
the defense, and two key witnesses have admitted they lied under police
pressure.
He's not free yet, but if Toro walks out of prison, he can thank his
real
Angel -- his wife, Debra. UPDATE: Judge vacates Toro's conviction . |
|
Two More Wrongful
Convictions Courtesy of the Houston (TX) Police Crime Lab
The only evidence that tied Lawrence Napper to the 2001 kidnapping and molestation of a 6-year-old boy was DNA. Turns out it wasn't his DNA. Of course, he is still in prison. Lawrence Napper George Rodriguez was sentenced to 60 years in prison for aggravated rape and kidnapping, based primarily on HPD Crime Lab's serological [based on blood type only] identification of him. A panel of six scientists has reviewed the evidence in Rodriguez's case and reported the crime lab's conclusions were "scientifically unsound". Of course, he is still in prison, too. George Rodriguez UPDATE: George Rodriguez, exonerated by DNA, wonders "Why am I Still in Prison?" |
|
David
Lemus and Olmado Hidalgo have spent 12 years in jail for the murder
of a New York City nightclub bouncer named Marcus Peterson and the
attempted
murder of another man on Nov. 23, 1990. A 2002 New Police
Department investigative report concluded Thomas Morales committed the
murders, but
Morales is free while Lemus and Hidalgo remain in prison. |
|
In 1995 in Hattiesburg, MS, Stephanie phoned surgeon Dr.
David
Stephens' wife of 32 years, Karen, and disclosed that she and the
doctor
had been having an affair for years. A few hours later, Karen was
rushed
to the hospital with a self-inflicted gunshot wound; she died three
months
later. Stephanie married Dr. Stephens. She was crippled in
a
car accident the next year. By the spring of 2001, Dr. Stephens,
already
a diabetic, was terminally ill with liver disease. When he died,
a
drug used for anesthesia was found in his blood. Stephanie was
subsequently
convicted of her husband's murder. But was she convicted on the
basis
of sound evidence, or because she was the "other woman"? UPDATE: October 16, 2006 - Stephanie Stephens died in prison of pneumonia. |
|
Michael
Roper's case has all the hallmarks of a wrongful conviction -- shaky
eyewitness identification, jailhouse "snitch" testimony and no physical
evidence
connecting him to the murder of an Akron, Ohio convenience store
owner.
At his 4th trial the jury convicted him, but they didn't know another
suspect
closely resembles Roper. |
|
Nothing about the double homicide seemed to finger
Tyrone Noling. Even the
former sheriff doesn't believe he should be on death row. UPDATE: Evidence withheld by the state comes to light. Get all the updates at TyroneNoling.com |
|
There
was no confession, no blood evidence, no witnesses, inconclusive
balistics
and inconclusive GSR testing, but with virtually no defense, a jury
convicted
Robert Dana of killing his best friend Gene Koller and Gene's
girlfriend
Elaine Matte. That was 28 years ago. Robert has always
maintained
his innocence. Now someone has come forward with information that
could
help Robert. |
| When 80-year-old Anna
Knaze was robbed and beaten to death in 1992 in Johnstown,
PA, Det. Richard Rok decided Ernest Simmons had done it. Problem
was,
he had no evidence. Rok recruited Simmons' girlfriend to secretly
tape
record conversations with him, but instead of confessing, Simmons
denied
committing the crime 19 times. Finally, Rok was able to convince
another
elderly robbery victim to identify Simmons as her attacker and claim he
threatened
to give her "the same thing Anna Knaze got". She lied -- she
never
saw her assailant's face. But Rok got the conviction he
wanted. Ernest
Simmons
Got the Death Penalty And what about Det. Rok? Over the years he was accused of assaulting suspects, conducting searches without warrants and pushing a witness to make false identifications. He's in Federal Prison Now |
| Vidale
McDowell is serving a life sentence in Michigan for second degree
murder.
When McDowell was arrested, he had no police record. He was an
18-year-old
senior at Trombley Adultday High School in Detroit.
The primary evidence used to convict McDowell consisted of a written
statement
from his 13-year-old friend, Antoine Morris, who almost immediately
recanted
the accusation, saying that police forced it from him.
Confessions and Recantations |
| In May, 1988 Jason
Derrick was convicted of murdering grocer Rama Sharma
in Pasco County, Florida and sentenced to death. There were no
eyewitnesses,
no weapon, no physical evidence whatsoever connecting Derrick to the
crime -- just the testimony of the original suspect and a jailhouse
snitch.
Now another man has made statements implicating himself, and Derrick
will
get a hearing in March, 2004.
A Life Hangs in the Balance |
| After three
indictments, two trials and a handful of appellate proceedings, some of
the best legal minds in Virginia still are trying to decide whether
Merry Pease was a domestic-violence victim or a cold-blooded killer.
It is the claim of prosecutorial misconduct -- which was one of the
reasons
the case was overturned the first time around -- that is drawing new
attention
to it. What
Can
Go Wrong, Did Go Wrong UPDATE: On October 31, 2003, the Virginia Supreme Court affirmed Merry's conviction. Prosecutor Tim McAfee, whose egregious misconduct in Merry's first trial led to reversal of her conviction , has dodged the bullet of disbarment because in the eyes of the Virginia State Bar, in obtaining a second conviction against Merry, McAfee "cured" his misconduct. Click HERE to read the Virginia Supreme Court's rationalization. |
| Almost 30 years ago,
a snitch (who later recanted) fingered Maurice Carter
for shooting an off-duty Michigan police officer. No physical
evidence
connected Carter to the crime, and the clerk who got the best look at
the
gunman says it was "one hundred percent definitely not" Carter.
Yet
his motion for a new trial and his petition for clemency
languish. Meanwhile,
Carter has end-stage liver disease and will die without a transplant --
which
he cannot get as long as he is in prison.
De Facto Death Penalty for an Innocent Man |
|
Michael
Roper's case has all the hallmarks of a wrongful conviction -- shaky
eyewitness identification, jailhouse "snitch" testimony and no physical
evidence
connecting him to the murder of an Akron, Ohio convenience store
owner.
At his 4th trial the jury convicted him, but they didn't know another
suspect
closely resembles Roper. UPDATE: Michael Roper denied new trial despite prosecutor misconduct. |
| For half of his 42 years, Nicholas J.
Yarris has been on death row in Pennsylvania
prisons, emphatically telling anyone who would listen that he didn't
commit
the 1981 abduction, rape and murder of a Delaware County woman for
which
he was convicted. He now may have scientific evidence that he has been
telling
the truth from behind bars for more than two decades.
Nick Yarris Cleared by DNA Click HERE
to visit Nick's weblog.
|
|
In 1999, Alan
Yurko
of Orlando, FL was convicted of shaking his 10-week-old son to death
and
sentenced to life without parole. But the autopsy performed by
Dr.
Stashio Gore doesn't come close to minimum standard of care --
and
Dr. Gore admits to all the bad science. |
|
William Kelley
For nearly 19 years, William
Kelley, a thief, bartender, and stagehand from
Boston, has lived on Florida's death row, convicted of a hired hit on a
millionaire
citrus grower in 1966. Now, he could be about to trade his
near-total isolation for the spare bedroom in his brother's Tewksbury
split-level, thanks
to a federal judge's decision to throw out his conviction. Last fall,
US
District Judge Norman C. Roettger ordered a new trial, based on
''prosecutorial
misconduct'' and the ''deficient'' representation of Kelley's lawyers.
|
|
Had the
North
Carolina Supreme Court not been compelled to stay his execution, Henry
Lee
Hunt's life would have ended before the N.C. Actual Innocence
Commission
began. Neither the Governor nor the court, or for that matter,
the
rest of the state, can rely on the validity of Hunt's conviction.
September
13,
2003: The State of North Carolina executed Henry Lee Hunt. |
|
In November, 2000, Marshall King,
a Virginia State Trooper, and Bruno Crutchfield,
Brodnax, VA Police Chief, were convicted of conspiracy to distribute
cocaine.
Those convictions, based on perjured testimony by snitches, were
vacated
by U.S. District Court Judge Thomas Payne, who observed, "This trial
has
a taint on it that stinks awful." Crutchfield has been released on
bond,
but federal prosecutors have trotted out yet another snitch to claim
King
did what they did -- suborned perjury -- to keep the former cop in
prison
while he awaits retrial.
|
|
Ernest
Willis had the bad luck to survive a fatal fire. Cops didn't like
the
way he acted afterward.
They had no evidence to support their suspicions: no fingerprints, no
bodily
fluids, no flammable liquids in the house or on Willis' clothes or
body,
no witnesses, no motive. They charged him anyway, kept him
drugged
through his trial and got a conviction. Then the appeals courts
abandoned
him.
Now he waits on death row while his final appeal before execution works
its
way through federal court. |
|
A dozen
forensic
experts agree Judi Eftenoff died of an accidental overdose of cocaine,
and
that she was neither beaten nor murdered. Like John Maloney,
Brian
has been sentenced to life in prison for crimes that never even
happened. |
| Meet
Michael Kenneth McAlister of Richmond, VA. He's the victim of
mistaken
identity by the victim of attempted rape. Even the investigator
and
prosecutor who put him in prison doubt his guilt. They went to
the
parole board in support of his release, but this is Virginia so the
parole
board denied McAlister's bid. He is
Without Hope Michael McAlister's cause has been taken to Virginia Governor Mark Warner. Petition for Pardon UPDATE: Michael McAlister, his petition for pardon inexplicably denied by Gov. Mark Warner, has been released on mandatory parole. Finally Free |
|
Douglas
Wright
When little Donovan Wright of York County, PA died, it was a tragedy. The tragedy was compounded by the testimony of a medical expert who claimed he could reliably time Donovan's critical injury to a period when the child was in the care of his father, Doug Wright. Doug was convicted of killing his son. Now the doctor acknowledges his testimony was faulty; he was wrong. But he is unconcerned because he can't remember either Donovan or Doug. Forgotten by Justice UPDATE: 4/9/07- Old Report Brings New Hope for Doug Wright . A police accident report, withheld from the defense at the time of Doug's trial, proves that Donovan Wright was in a 99 mph car crash one month before his death. Donovan did not receive medical care immediately after the crash, and could have sustained his ultimately-fatal injuries in the wreck -- not at the hands of his father. In Dauphin County, PA, police and prosecutors are old hands at putting innocent people in prison and keeping them there. No effort was spared to convict 14-year-old Steven Crawford of murdering his friend John Eddie Mitchell. Crawford has spent the last 28 years in prison, even though authorities identified Mitchell's killers 25 years ago. One Life Lost ... Another Life Wasted
|
|
A series of bomb blasts in tiny Louisa, Virginia sent shockwaves of fear through the community. Coleman Johnson, Jr.'s conviction for one of the bombings was purchased with perjured testimony. The bomber remains at large, and the community remains in danger. |
|
|
|
David Munchinski: Update (10/8/08):
Judges carry 2 decades of misconduct, claims Munchinski lawyer
David
Munchinski has been in prison for over 20 years for murders he
says
he did not commit. But his daughter Raina has uncovered evidence
that
the star witness against him later admitted lying, prosecutors hid
exculpatory
evidence and Munchinski's co-defendant testified that another man
committed
the crimes with him. Update
(8/19/10):
Missing exhibits solidify Munchinski's innocence
"This solidifies the fact that everything in this case in which the government has had a hand in, from 1977 to the present, is highly suspicious, highly irregular, unorthodox, highly unusual, inexplicable and violative of every notion of fundamental fairness and due process of law," Munchinski's attorney, Noah Geary wrote in court filing. Update
(8/9/11): Prosecutors
weigh retrial of 'Bear Rocks Murders' defendant
On August 5, 2011, Chief Magistrate Lisa Pupo Lenihan said David Munchinski is entitled to a new trial in the case, known as the Bear Rocks Murders, because prosecutors withheld evidence that would have cast doubts on the man's guilt. Prosecutors have 120 days to decide whether to re-try him. Update (9/30/11): David Munchinski has been released on bond pending the state's appeal of Judge Lenihan's decision granting him a new trial. |
|
|
How could he kill a priest in Houston, Texas when he was 200 miles away in Roswell, New Mexico? |
|
Who assaulted Connie Young in Leesville, Louisiana in 1992? From WAFB-TV You Be the Judge |
|
from the Austin Chronicle Robert Springsteen: Somebody Has to Die UPDATE Robert Springsteen's Conviction Overturned Co-defendant Michael Scott's conviction likely to fall on the same grounds UPDATE - 2/27/07 The
US Supreme Court refused to hear the state's appeal and affirmed
reversal of Springsteen's conviction. Re-trial expected before
the
end of 2007.
UPDATE -
6/6/07
Michael Scott's Conviction Falls Same grounds, same
5-4 majority as in Springsteen's appeal decision.
UPDATE: 4/18/08 New DNA Evidence Excludes All Four Defendants UPDATE: 6/24/09 Judge orders Springsteen and Scott released. UPDATE: 10/28/09 Travis
County prosecutors moved to dismiss the murder indictments against
Michael Scott and Robert Springsteen, the two remaining defendants in
1991
yogurt shop murders after announcing in court today that they are still
looking
for the person whose DNA was found last year in one of the four teenage
victims.
Travis County District Attorney Rosemary Lehmberg said, "I believe it
is
the best legal and strategic course to take and is the one that leaves
us
in the best possible posture to ultimately retry both Springsteen and
Scott.”
Never try to confuse her with scientific facts.
|
|
Seattle, WA |
Richmond, VA |
|
Madison, Wisconsin |
Chicago, IL |
| Han Tak Lee
(Acrobat File) Stroud Township, Pa. |
Vernon Joe Suffolk, Virginia |
|
|
|
|
Muncy, Pa. |
Tulsa, OK |
|
|
Houston, TX |
|
Bedford, VA |
Bloomfield, NJ |
|
Chicago, IL |
Santa Ana, CA |
|
Evansville, IN |
Greenwood, SC |
|
Mesa, AZ |
Hampton, NY |
|
Hampton Roads, VA |
Cincinnati, Ohio |
|
|
Baltimore, MD |
|
|

|
Koua Fong Lee, serving eight years for
vehicular
homicide because of a fatal crash involving his Toyota Camry, is hoping
for
exoneration amid concerns over unintended acceleration in some of
Toyota's vehicles. He has always maintained his
innocence in
the 2006 crash, which killed Javis Adams, 33, his
10-year-old
son, Javis Adams Jr., and 6-year-old Devyn Bolton. Mr.
Lee is not the first innocent person convicted of murder due to a
defective auto. Sheila
Bryan was convicted of killing her mother (and later cleared)
because the defective
ignition switch in her Ford caused a fatal fire. UPDATE: On August 6, 2010, Koua Fong Lee's conviction was vacated and he was released from prison. The prosecuting attorney has decided not to retry him. |
|
New lab tests show that DNA recovered from the
semen-stained underwear of a 12-year-old rape victim couldn't have come
from the man who
has served more than 27 years in prison for the crime. Raymond
Towler
has maintained his innocence for nearly three decades, insisting he
wasn't
the man who abducted two young children from a Cleveland park on May
24,
1981. His lawyers with the Ohio Innocence
Project say
the results prove Towler's innocence. UPDATE: On May 5, 2010, a beaming Raymond Towler was fold by Judge Eileen Gallagher: "Mr. Towler, you are free to go." |
|
It's a case of technicalities. It's a case of changed
stories.
Of questionable evidence. For Joshua Kezer and the attorneys
representing
him, it's a case of unjustified imprisonment, an unfair trial and new
evidence
that proves Kezer was not the right man. Kezer's defense team has
reason
to be optimistic. Cole County Judge Richard
Callahan has thrown out a conviction before in a similar trial. UPDATE: February 18, 2009 - Joshua's attorneys' optimism was on target. After 17 years in prison for a murder Judge Callahan says Joshua did not commit, he has walked out of prison a free man. |
|
The Innocence Project at Cooley Law School in Lansing has
secured
a new hearing for Nathaniel Hatchett, who was convicted in 1998 in
Macomb County Circuit Court on charges of kidnapping, criminal sexual
conduct and
carjacking. One of the main issues raised by the project's law
students
was why the court and defense were never notified of additional DNA
samples
that were taken from the victim's husband as part of the
investigation. DNA samples taken from the victim
did not match Hatchett,
either, but the prosecutor led the judge to believe that the DNA
samples
were from the victim's husband. UPDATE: On April 14, 2008, the Macomb County prosecutor's office dismissed all charges against Nathaniel. He left the courtroom a free man, in the arms of his family. |
|
For 14 years, Lynn DeJac of Buffalo, NY has steadfastly
denied
that she killed her 13-year-old daughter, Crystallynn Girard. All
along,
she has accused her estranged boyfriend, Dennis Donohue, of strangling
her
child when Lynn was out for the evening. A jury didn't believe
her.
A judge called her accusation against Donohue a "red
herring."
Now -- finally -- Donohue has
been
charged with one murder and is under investigation for two
others.
One of those uncharged murders is that of Crystallynn Girard. UPDATE: 11/9/07 - New trial opposed by DA Clark. UPDATE: 11/17/07 - Police investigators say DeJac could not have murdered her daughter. UPDATE: 11/28/07 - DeJac's conviction reversed; DA Clark vows to re-try her. Note: In 1994, the prosecution gave Dennis Donohue complete immunity from prosecution for Crystallynn's murder in exchange for his testimony against Lynn DeJac. If Donohue killed the child -- and DNA evidence strongly supports that he did -- thanks to the state, he will never be held accountable for what he did to Crystallynn. UPDATE: 2/13/08 - Prosecution autopsy review claims Crystallynn died of cocaine overdose . While this new finding means Lynn DeJac will not be retried, it raises troubling questions about the competence of the medical examiner and the state's motivation to "slip out the back door" regarding Dennis Donohue's immunity. UPDATES: 2/29/08 - Exonerated mother says killer is still free. All charges against Lynn DeJac have been dropped. But on her first full day of freedom since being cleared by DNA evidence of the 1993 murder of her daughter, Lynn DeJac said that she can’t be at peace until the real killer is brought to justice and a new autopsy finding that the girl died of an overdose is reversed. 2/29/08 - Honored detective suspended without pay, charged with defying orders. Detective Dennis A. Delano, an outspoken member of the Buffalo Police Cold Case Squad, faces departmental charges and has been suspended without pay. The 28-year department veteran has publicly asserted he does not believe DeJac killed her 13-year-old daughter, Crystallynn Girard, in 1993. Delano also has criticized the Erie County District Attorney's Office for accepting new forensic findings that indicate Crystallynn died of a cocaine overdose and not strangulation. |
|
Kennedy Brewer of Macon, Mississippi, a mildly retarded,
Black
defendant, was convicted of raping and killing a 3-year-old girl and
sentenced
to death in 1992. In 2002, he was cleared by DNA, but he wasn't
released.
He has spent the past 5 years in the local jail, awaiting
retrial.
Because you can bet, the local authorities plan to get another
conviction
and another death sentence. The Sheriff says he can't look for a
DNA
match because Mississippi doesn't have a DNA database -- which is news
to
the state's crime lab director. The prosecutor will bring back
his
star witness, dentist Dr. Michael West, whose bite mark testimony has
been
disproven by DNA in other cases, and who resigned from professional
forensic
dentistry groups to avoid expulsion. Prosecutors are so sure
they're
right about Kennedy's guilt that they're willing to bet
his life on it. UPDATE: 2/9/08 - Kennedy Brewer and Levon Brooks, both convicted of killing 3-year-old girls in Noxubee County, Mississippi, and both cleared by DNA, are slated to be released. What did it take to reach this point? Mississippi Attorney General Jim Hood had to take the prosecutions of these murders away from the Noxubee County DA, something almost unheard of in the state's history. The Attorney General has charged Albert Johnson with the murders of both children. |
|
Somewhere
between the spot Peggy Hettrick was abducted and the Fort Collins,
Colorado field where her partially clad body was dumped, her killer
would
have shed pieces of himself, mothlike. As he pulled her through the
grass
that dark morning on Feb. 11, 1987, his skin cells could have sloughed
off
onto her black coat. A strand of his hair could have hooked onto her
shoes.
A sneeze could have dampened her blouse. This is the law of forensic
science:
When two people come into contact, they leave cells on each other. But
in
the Hettrick murder case, authorities strayed from this law by losing
some
of these biological relics and destroying evidence linked to a
prominent
doctor they never investigated for the crime. In doing so, they may
have
covered the killer's genetic tracks.
This happened in Fort Collins, where a detective clung to his belief
that
a 15-year-old boy committed the crime, despite no physical evidence. In
a
county where prosecutors opposed saving DNA, let alone testing it. In a
state
where the law doesn't create a duty to preserve forensic
evidence.
The result:
An innocent man, Tim Masters, goes to prison for life, and the real
killer
moves on. UPDATE: January 3, 2008: Innocence Bid Gets Boost . Fort Collins, CO authorities violated evidence-discovery rules when they withheld expert opinions that conflicted with their theory that a 15-year-old Tim Masters murdered Peggy Hettrick in 1987, according to special prosecutors. UPDATE: January 22, 2008: Tim Masters released and his conviction vacated. DNA excludes Masters and points to another suspect. |
|
In 1988, Arlene Tankleff was slashed across the throat and bludgeoned to death, and her husband, Seymour, was mortally wounded in the middle of the night in their affluent Long Island home. Their son, Martin, 17, confessed, then recanted. But in 1990 he was convicted of their murders in a highly publicized trial that was featured on Court TV. Ever since, he and the other surviving relatives have insisted that he did not kill his parents. Seymour Tankleff's brother, Norman, said that he never doubted the son's innocence. Mrs. Tankleff's sister, Marcella Falbee, said, "From the beginning, none of us ever believed he did this." Now Martin Tankleff's supporters claim to have new evidence, obtained by a former New York City homicide detective, that they say points to the real culprits. Pushing to Clear His Name Update: May 13,
2004
Prosecutors Won't Oppose Marty Tankleff's Hearing UPDATE: August 4, 2005 Teen Says His Father Admitted Role in Tankleff Killings UPDATE: March 17, 2006 Judge Rejects Tankleff Re-Trial UPDATE: December 21, 2007 NY State Appeals Court Orders Re-Trial UPDATE: December 31, 2007 NY Investigating DA's Handling of Tankleff Murders UPDATE: January 3, 2008 Marty Tankleff will not be Retried |
|
It was 1993 when Dorka Lisker was murdered in her home in
Sherman
Oaks, CA. Her 17-year-old son, Bruce, was
charged with
the murder. He had a drug problem and a history of fighting with his
mother. Phillip Rabichow, then a deputy
district attorney,
convinced a jury that Bruce was guilty. As the years rolled by and
Lisker
reached middle age in prison, Rabichow rarely gave the case a second
thought.
But in 2005, new information had shaken his faith in the fairness of
the
verdict: A bloody footprint found at the scene did not match Lisker's
shoes.
A mysterious phone call made around the time of the murder raised
further
questions. UPDATE: August 18, 2005 - FBI confirms shoe print at scene not Lisker's. UPDATE: August 8, 2009 - Judge overturns Bruce Lisker's conviction in 1983 killing of his mother UPDATE: August 22, 2009 - D.A. to retry Lisker in mother's 1983 slaying |
|
If you are not familiar with Kenny's case -- one of the most compelling cases of innocence we have seen -- please read the following: Complete transcript of
Frontline Scotland's
Killing Time profile of Kenny Richey's case.
|
|
The Rhoads' Murders
In 1986,
newlyweds Dyke and Karen Rhoads were stabbed to death in their Paris,
IL home. Randy
Steidl
and Herb Whitlock were convicted of their muders on the strength of
perjured testimony that
contrradicted the physical evidence.
Update:
Randy
Steidl has been released
Herb Whitlock remains in prison, convicted by the same perjured testimony Update: Herb Whitlock granted new trial. Update: No new trial for Herb Whitlock - Freedom granted, but not innocence |
| Charles T. "Ted" Dubbs was convicted of sexually assaulting two women in Dauphin County, PA in 2000 and 2001. Both women identified him as their attacker. Wilbur Cyrus Brown, II has been convicted of a series of similar attacks, and has confessed to the two attacks Dubbs was convicted of committing. Did the eyes deceive? |
Dubbs in 1999 |
Composite Sketch |
Brown in 2001 |
| UPDATE: On
9/11/07,
Judge David Ashworth dropped all charges against Ted Dubbs after
prosecutors admitted the crimes he was convicted of committing were
perpetrated by Wilbur
Brown.
Dubbs'
Conviction
Thrown Out. |
|
Lawyers say
the
case against Bob and Randy could be titled The Insider's Guide to
Prosecutorial
Misconduct. Update:
Bid for New
Trial Denied
Update: Ohio Supreme Court Unanimously Overrules Appellate Court, Grants New Trials Update: Gondor and Resh Released, New Trials Set for Spring of 2007 Update: Resh Not Guilty Prosecutors re-thinking whether to try Gondor Update: Charges Against Gondor Dropped |
|
The
victim,
shot while riding on the back of her husband's motorcycle in South
Florida, identified someone else as her assailant. The
best-positioned eyewitness
was unable to pick out Persad from a photo lineup; he, too, picked
someone
else. He couldn't identify him in court, either. The same
eyewitness
said there was nothing unusual about the assailant's car, while
Persad's
car had foreign slogans written all over it. Moreover, three
witnesses
testified Persad was studying for an exam with them when the incident
happened.
But the victim's husband was shown a photo of Persad by an ex-FBI
investigator,
told Persad was the assailant, identified him in court -- and Persad is
doing
43 years in prison. UPDATE: 3/1/07 - Persad's was one of the most controversial criminal cases in recent memory: one eyewitness, a 90-second look at a stranger before the stranger fired. No physical evidence. Persad's case wended in and out of courts for years. A month ago, Circuit Judge Jorge Labarga threw out the ID, the keystone of the case. On March 1, 2007, prosecutors wiped Persad's slate clean. Charge dropped in "road rage" shooting .
|
|
David Gladden
12/11/05: A mentally retarded man is convicted of
murder. A serial killer lived next door to the victim. Testimony is
suspect.
After a decade in prison, Pete Shellem of the Harrisburg, PA
Patriot-News asked:4/7/06: Patriot-News' Gladden series leads witness to come forward with important evidence he thought the police did not need. 2/17/07: David Gladden was freed from a life in prison after authorities agreed evidence uncovered by a series of Patriot-News stories raised doubts about his guilt in the slaying of a woman. |
|
Lawrenceville, IL UPDATE : Serial Killer Confesses to Joel's murder UPDATE : Julie's Conviction Thrown Out : Verdict at Re-Trial -- NOT GUILTY July 26, 2006 - Verdict Reading The Judge was notified that the jury had reached a verdict at 4:10 PM. The proceedings started at 4:24. Judge Vaughn requested that the court give the jury the respect it deserves and that no outburst of emotion will be tolerated. You would be removed from the courtroom. The Jury Foreman passed the Verdict to the Judge. The Judge read: NOT GUILTY! Julie burst into tears and then fainted to the floor. Ron Safer half caught her and brought her to a sitting position. Mark Harper came to the front and comforted her, and eventually she was able to stand. David Rands requested the jury be poled and one at a time they answered that their verdict given freely was Not Guilty. The Judge thanked the jury and they were dismissed. He thanked the Lawyers on both sides, and complemented them on their professionalism. Prosecutor Edwin Parkinson did not attend the Verdict reading |
|
DNA taken from
inside a ski mask worn by the killer of a Bridge City, LA
grocer excluded Ryan Matthews and his co-defendant, Travis Hayes and
implicated
a man with no connection to either Ryan or Travis. In June, 2004
Ryan
was freed from death row. But prosecutors are determined to keep
Travis
in prison for the rest of his life for a crime they know was committed
by
another man -- who remains free to continue killing. UPDATE: On 12/19/06, State District Judge Henry Sullivan overturned Travis' conviction. Travis was released to the custody of his aunt. He will be restricted to his aunt's house while the state decides whether or not to appeal Judge Sullivan's order. UPDATE: On 1/17/07, Jefferson Parish District Attorney Paul Connick Jr. announced he will not bring Travis Hayes to trial again, deciding there is not enough evidence to secure a conviction against the man who spent nearly 10 years behind bars before he was released. |
|
UPDATE: Judge Grants Request for Hearing on New DNA Evidence in Elkins Case UPDATE: Judge Rules DNA Exclusion Not Enough to Free Elkins UPDATE: Elkins Free, Focus Turns to Mann |
|
Beverly Monroe Powhatan, Virginia
|
|
Culpeper, VA |
Fort Stockton, Texas |
|
Richmond, VA |
Jeffrey Scott
Hornoff Warwick, RI |
| Aaron Patterson
Chicago, Illinois |
Steven Crawford
Dauphin Co., PA |
| Michael
McAlister Richmond, VA |
|
|
|
|