Truth in Justice Newsletter - January, 2005

RECENT CASES

John Michael Harvey
After serving 12 years of a 40-year sentence for sexual assault of a child, Harvey has been found "actually innocent" by the Texas Court of Criminal Appeals and released from prison.

Click HERE to read about the prosecutorial misconduct that put him in prison and was given a free pass.


Brandon Moon
Back in 1988, Texas Department of Public Safety serologist Glen Adams testified that Brandon Moon was among "15% of the population" who could have contributed semen in a 1987 rape.  Relying on that overstated testimony, an El Paso jury convicted Moon and he was sentenced to 75 years in prison.  It was another win for junk science.  In 2004, DNA cleared Brandon.

Gary Reece
The Ohio Parole Board has decided Gary Reece, a Cleveland-area man, has spent the last 25 years behind bars for a crime he may not have committed and voted unanimously for his release. His conviction was based entirely on
the uncorroborated testimony of alleged victim Kimberly Croft. 
Reporters and others who have been following the case have noticed that she has made very strange statements in public, to the point of suggesting a lack of sanity. For example, on one television news program, she claimed that Gary Reece actually killed her during the attack in question, but that 'Snow White and the Seven Dwarves' brought her back to life.


INNOCENT IMPRISONED

James Rodwell
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.

Tommy Ziegler
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.

Clarence Elkins
Children are the most suggestible of witnesses, particularly when the perpetrator of a ghastly, traumatic crime bears a strong physical resemblance to someone they know.  Clarence Elkins of Magnolia, Ohio was convicted of rape and murder four 4 years ago because his niece -- who was six years old at the time -- made just such an error.  She has now identified another man as her grandmother's killer, a man who bears a striking resemblance to her uncle.

UPDATE:  Judge Grants Request for Hearing on New DNA Evidence in Elkins Case

DEATH PENALTY ISSUES

Just before he was executed by the Commonwealth of Virginia, Roger Coleman read a statement: "An innocent man is going to be murdered tonight," he said. "When my innocence is proven, I hope Americans will realize the injustice of the death penalty as all other civilized countries have." Virginia has the opportunity to find out, once and for all, if an innocent man was murdered by the state while a murderer got away.  But the state fears the truth, and instead fights to maintain the Myth of Infallibility

UPDATE:  Virginia Governor Mark Warner has been in office for three years.  The decision to order new DNA testing on evidence in Roger Coleman's case is entirely in Warner's hands.  He's Still Dithering


POLICE/PROSECUTOR/JUDICIAL MISCONDUCT

Washington, DC:  Former Asst. U.S. Attorney G. Paul Howes is a generous guy.  He's so generous that he handed out payment vouchers not just to witnesses in cases he prosecuted, but to cooperating witnesses, their families, friends, even their lawyers.   And Howes didn't limit his generosity to federal cases he prosecuted.  He even handed out federal vouchers in DC Superior Court cases in which he was involved.  High Level Misconduct

Wisconsin:  Everything was hunky-dory at the Department of Corrections when the TV show "Lie Detector" proposed filming a polygraph exam of prisoner Mark Price.  But when Penny Brummer and Audrey Edmonds were added to the slate, Deputy Corrections Secretary Rick Raemisch pulled the plug, claiming the show is "entertainment", not news.  Why the 180 degree switch?  Perhaps it's because Raemisch was Dane County Sheriff and at the helm of the Brummer and Edmonds investigations.  Conflict of Interest

Virginia
:  Judge Paul M. Peatross Jr. of Albemarle County Circuit Court should be removed from office because of his vindictiveness and extremely serious questions about his truthfulness, the state's Judicial Inquiry and Review Commission has recommended.  He Got Mad and Got Even

JUNK SCIENCE

Forensic scientist Charles Vaughan, whose testimony helped wrongfully convict two young men of murder in Oregon, has been working for the Washington State Patrol crime lab since the case unraveled nine years ago.  Landing on His Feet.


Read the Seattle Post-Intelligencer series that "outed" Charles Vaughn
Errors in Evidence




from the Chicago Tribune
Todd Willingham - Executed for an Accidental Fire
Strapped to a gurney in Texas' death chamber in February, 2004, just moments from his execution for setting a fire that killed his three daughters, Cameron Todd Willingham declared his innocence one last time. 
"I am an innocent man, convicted of a crime I did not commit," Willingham said angrily. "I have been persecuted for 12 years for something I did not do."  Four fire cause and origin experts -- Gerald Hurst, John Lentini, John DeHaan and Kendall Ryland -- agree.  "There's nothing to suggest to any reasonable arson investigator that this was an arson fire," said Hurst, a Cambridge University-educated chemist who has investigated scores of fires in his career. "It was just a fire."

False Allegations of Child Abuse
Shaken Baby Syndrome
In the UK, a review of nearly 300 cases in which parents were convicted of killing their young children has identified 28 where there was "sufficient cause for concern to warrant further consideration", the Attorney General, Lord Goldsmith, has told Parliament.  A further 89 cases of "shaken baby syndrome" will be reconsidered in the light of a judgment from the Court of Appeal expected in 2005, Lord Goldsmith promised.  Three pending prosecutions have already been abandoned "on the grounds that it was not safe to proceed".  SBS: Dubious Diagnosis

INNOCENCE PROJECTS

Innocence Projects provide representation and/or investigative assistance to prison inmates who claim to be innocent of the crimes for which they were convicted. There is now at least one innocence project serving each state except Hawaii. Most of these innocence projects are new and overwhelmed with applications, so waiting time between application and acceptance is long. Wrongfully convicted persons should not be dissuaded from applying to Innocence Projects because of this, but should have realistic expectations regarding acceptance and time lags.  Check the list for the innocence project in your area; we update it regularly.

Innocence Projects Contact List

LINKS

The links pages at Truth in Justice are frequently updated.  Be sure to check them for resources, "must" reading, websites of inmates with compelling innocence claims and more.  Start at http://truthinjustice.org/links.htm

SITE SEARCH ENGINE

There are now over 900 pages at Truth in Justice.  The site search engine on the main page can make it faster and easier to find what you seek.

And remember, YOU can make a difference!

Sheila and Doug Berry



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