Truth in Justice Newsletter
Wrongful Conviction News from June - September, 2009


RECENT CASES
September 2, 2009 was a big day for three men -- 2 in North Carolina, 1 in Florida -- who have spent, among them, 55 years in prison for crimes they did not commit.

Laboratory testing has shown that a Broward, Florida  man locked up since he was 15 for the rape and murder of a Miramar woman in 1983 is not the source of the DNA found on the victim's body.  Anthony Caravella, now 41, has spent 25 years, or more than half his life, in prison.

A 49-year-old man who has served more than 14 years of a life sentence for raping two teenage sisters was released after DNA tests determined that he wasn't the attacker.  Joseph Lamont Abbitt of Winston-Salem was convicted on June 22, 1995, of two counts of first-degree rape, one count of first-degree burglary and two counts of first-degree kidnapping in connection with the 1991 sexual assaults of a 15-year-old girl and her 13-year-old sister.

A pioneering state commission was Gregory Taylor's only hope at a chance of dying a free man.  The eight members of the commission delivered that chance on Friday, voting unanimously that they believed there was sufficient evidence that Taylor was innocent of murdering a prostitute in 1991. They referred his case to a three-judge panel for further review.
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

UPDATE:  September 21, 2009:  The D.A. has decided not to retry Bruce.  Of course, the DA remains "confident in Mr. Lisker's original conviction," because they may not always be right, but they are never wrong.

William Joseph Richards
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?

Joseph Grossi
When Perry Bai was found stabbed to death in his Perry Township, Ohio home, police pursued a classic investigation.  They decided Bai's former roommate, Joseph Grossi, walked 17 miles to Bai's home and killed him.  Grossi, who suffers from bipolar disorder and schizophrenia, was brought in for questioning, denied his medications and after hours of intense interrogation, he confessed.  Stark County Common Pleas Judge Charles E. Brown Jr. found their methods were just hunky-dory and the confession could be used against Grossi at trial.  But the crime lab found evidence implicating others, and a polygraph test cleared Grossi.  Looks like the cops in Stark County, Ohio will have to actually investigate this crime.

Kenneth Ireland
“You can take the handcuffs off,” Judge Richard Damiani said. And with that, Kenneth Ireland, a man who has been in jail for 21 years — and was supposed to spend decades more behind bars — walked away a free man.  DNA set him free.

Nine rounds of DNA testing have excluded Ernest Sonnier as the man who kidnapped and raped an Alief, Texas woman in 1986, and identified two convicted felons as the actual perpetrators.  His conviction was the result of faulty eyewitness identification and junk science by the Houston Police Crime Lab.

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 habeasBecause 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:  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.

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.

Visit Norfolk Four: A Miscarriage of Justice

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.


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:  August 7, 2009 - Virginia Attorney General Bill Mims has asked for a full court review of the appeals panel decision.

Ralph Armstrong [pdf format]
In the same week that a judge in Ohio decided that the DNA exclusion of Clarence Elkins as the source of sperm found in the murder victim's vagina and her granddaughter's underwear was not enough to overturn Elkins' rape and murder conviction, the Wisconsin Supreme Court stepped up to the plate and gave Ralph Armstrong his freedom in a strikingly similar case.  Armstrong gives all of us hope.

UPDATE - 4/13/07: 
Prosecutors retrying a 1980 murder charge against Ralph Armstrong  in Madison, WI cannot use the results of a DNA test on a key piece of evidence because the results were obtained in violation of a court order, a judge has ruled.  Dane County Circuit Judge Daniel Moeser said the state acted in "bad faith" when it went ahead with the testing without notifying the defense and, in the process, used up the material - in violation of the judge's order.  Bad Faith.

UPDATE - 4/25/08:  Now we know why the state violated a court order to test -- and use up -- key evidence.  The state, and specifically, Assistant DA John Norsetter, has known for 13 years that Ralph Armstrong's brother confessed to the crime of which Ralph was convicted. 
Norsetter, who retired from the office last year, allegedly not only failed to investigate or notify Armstrong’s defense attorneys of this confession, he subsequently ordered a test that destroyed evidence that could have established Steve Armstrong’s guilt.  Worse Than Bad Faith

UPDATE - 8/1/09:  Ralph Armstrong’s long wait for freedom, four years after his conviction for the 1980 rape and murder of a UW-Madison student was overturned, came closer to an end Friday after a judge dismissed the charges against him.  Reserve Judge Robert Kinney, of Rhinelander, said a Dane County prosecutor in 1995 should have told Armstrong’s attorneys about a reported confession to the murder of Charise Kamps by Armstrong’s brother. He also said a prosecutor-ordered test in 2006 caused the destruction of a semen stain on a piece of evidence that could have eliminated Armstrong as a suspect in Kamps’ murder.  Is it really almost over?

After eight years and uncounted dashed hopes, DeShawn Reed and Marvin Reed walked out of custody into the free sunshine Friday morning after prosecutors decided not to retry them for a 2000 shooting that left a man paralyzed.  They were the victims of faulty eyewitness identification.

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.

Nancy Smith and Joseph Allen were convicted of sexually abusing young children in August of 1994.  Smith, a 37-year-old single mother with four children, was a bus driver for the Lorain, Ohio Head Start.  The prosecution charged that after delivering the children to school, she would sometimes keep three or four of them and take them to a mysterious location, where she and a man known to the children only as "Joseph" would commit various sexual acts with them, make them drink urine, and poke them with needles and sticks.  But an examination of the police investigation leaves many disturbing questions; questions about the children's testimony, questions about whether Smith and Allen even knew each other -- questions about whether, in fact, any crimes were committed at all.

UPDATE:  2/22/07 - Nancy Smith’s bid for freedom Tuesday was rejected for a number of reasons, including a parole board official’s opinion that she hadn’t served enough time after being convicted of molesting children while she was a Head Start bus driver in the 1990s.  They Want a Confession to Crimes She did not Commit

UPDATE:  2/4/09 - Investigator Martin Yant, who has helped to free 12 innocent people, has worked on Nancy Smith's case for 13 years.  He has obtained piles of evidence that prove her innocence of charges she molested four young children. That evidence can get Nancy a re-trial, or at least re-sentencing.  Shining Light on Abuse-Hysteria Conviction.

UPDATE:  2/4/09 - Nancy Smith freed on bond.

UPDATE:  6/24/09 - Nancy Smith and Joseph Allen Acquitted.



DEATH PENALTY ISSUES
Death Penalty
Opponents of the death penalty looking to exonerate wrongly accused prisoners say their efforts have been hobbled by the dwindling size of America’s newsrooms, and particularly the disappearance of investigative reporting at many regional papers.  In the past, lawyers opposed to the death penalty often provided the broad outlines of cases to reporters, who then pursued witnesses and unearthed evidence.  Now, the lawyers complain, they have to do more of the work themselves and that means it often doesn’t get done. They say many fewer cases are being pursued by journalists, after a spate of exonerations several years ago based on the work of reporters.

On Tuesday, July 07, 2009,  43-year-old Ronald Kitchen,  who confessed under extreme physical duress to a taking part in five murders 21 years ago, was exonerated and freed from prison.  The confession was extracted by Detective Michael Kill, who worked under Commander Jon Burge. Kitchen spent nine of his 21 years behind bars on death row.

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.

INNOCENT IMPRISONED

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.

Karl Vinson's family hopes that science will redeem its 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.

HOW THE SYSTEM WORKS

Darn!  The cops will actually have to investigate. 
When Perry Bai was found stabbed to death in his Perry Township, Ohio home, police pursued a classic investigation.  They decided Bai's former roommate, Joseph Grossi, walked 17 miles to Bai's home and killed him.  Grossi, who suffers from bipolar disorder and schizophrenia, was brought in for questioning, denied his medications and after hours of intense interrogation, he confessed.  Stark County Common Pleas Judge Charles E. Brown Jr. found their methods were just hunky-dory and the confession could be used against Grossi at trial.  But the crime lab found evidence implicating others, and a polygraph test cleared Grossi.  Looks like the cops in Stark County, Ohio will have to actually investigate this crime.

Innocence claim trumps late filingKevin Phelps, serving a life sentence for a 1993 murder in Richmond, California, has been trying for more than a decade to get a federal judge to hear his claim of innocence, and may soon get his chance.  In overturning a series of decisions that barred Phelps' appeal because his lawyer filed his appeal 15 days too late, the 9th U.S. Circuit Court of Appeals said, "Far too often in recent years, concern for efficiency and procedure has overshadowed concern for basic fairness."



POLICE/PROSECUTOR MISCONDUCT

Florida.  Actually, all over the US, but the latest example of a wolverine prosecutor who gets convictions regardless of guilt is in Broward County, Florida -- Robert Carney.  Of course, he's a judge now, and that's typical, too.  A belt full of scalps qualifies prosecutors to move up to the bench and apply the same, twisted legal rationales to the cases tried by and before them.  Congratulations, Judge Carney.  Strike Four.

Wolverine prosecutors travel in packs. Robert Carney's successor, Carolyn McCann, launched a full-court (no pun intended) effort to assault the credibility of Edward Blake and his lab, Forensic Science Associates.  Why?  Blake not only found DNA in the Anthony Caravella case, but his tests cleared Caravella of rape and murder charges.  In 2001, the Broward County Sheriff's crime lab "couldn't find" any DNA evidence.  They travel in the same pack.  Seek the truth?  No.  Protect the conviction.

MississippiFormer Hinds County Circuit Court Judge Bobby DeLaughter, 55, has resigned his job and pled guilty to misleading authorities.  His plea means he'll be spending a little over a year--18 months--in a federal prison, and he will lose his law license.  He'll not have to answer for what he did to Cedric Willis.  DeLaughter sent an innocent man to prison for the rest of his natural life, even though evidence was available to the contrary. DeLaughter is no victim.

California
As Michael Gressett waited for a jury verdict in a molestation trial, the Contra Costa County sex crimes prosecutor had what he called a "nooner," bringing a fellow prosecutor to his Martinez home for intercourse.  What happened next, on May 8, 2008, is the subject of an explosive rape case brought by the state attorney general. It involves a gun and an ice pick, but rests on a simple question that Gressett often asks juries to decide: Was the sex consensual or forced?  Do as I say, not as I do.

Illinois
A Cook County judge ordered a new trial for convicted murderer Victor Safforld on May  22, 2009 after finding three Chicago police detectives once supervised by disgraced former Cmdr. Jon Burge likely beat him into confessing.  "... I have a more complete history of the behavior of these detectives," Circuit Judge Clayton J. Cranesaid. "That evidence is staggering. That evidence is damning."


False Allegations of Child Abuse
Shaken Baby Syndrome
Fatima Miah of London, England, accused of shaking her baby son to death, walked free from court after a judge ordered jurors to clear her of manslaughter.  The judge said expert evidence was too divided for the jury to come to a conclusion as he threw out the charge. Legal experts said his decision would have serious implications for similar prosecutions up and down the country.  The science is flawed and contradictory.

The Ventura County District Attorney’s Office has dismissed felony charges against Cecila Garcia Cortes, who was accused of assaulting her 4-month-old daughter who died early in April, 2009.  Chief Medical Examiner Ronald O’Halloran ruled that the death of Guadalupe Cardoza, from blunt-force trauma, was an accident. The death was attributed to an accidental fall.

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.  DA continues to back Dr. Moore, a team player.

False Allegations of Sexual Abuse
A Battle Creek, MI judge has 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.  Saying what they wanted to hear.



JUNK SCIENCE


United States.  A report from Israeli scientists that DNA evidence can be fabricated is the real thing, and the implications are terrifying.  “You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.”  We have seen, over and over, in cases from around the country, that police and prosecutors will plant evidence in order to win convictions.  Victims of planted evidence include George Lee III, Nicholas Sampson and Matt Livers, Madison Hobley, Kevin Cooper and Kenneth Hudson, to name just a few.  Fabricating a Win for the State.


TexasFort Bend County Sheriff’s Deputy and bloodhound trainer Keith Pikett has been sued in federal court for the second time in less than a year over a scent line-up involving his dogs.  The dogs were trumped by DNA in the most recent case, and by the guilty plea of a rapist/murderer in the earlier case.  So why continue such blatantly bogus tactics?  The dogs are generating income

UPDATE:  9/27/09 - Curvis
Bickham does not know for sure whether Pikett's dogs, used to connect him to a triple murder in southeast Houston last year, made a mistake, produced a false “hit” because their handler encouraged them or responded correctly to scent that was deliberately placed on items from the murder scene. All he knows is that he was accused of capital murder, a crime that could have cost him his life.  Former Harris County prosecutor Vic Wisner, an assistant district attorney for more than 24 years,  has a one-word summation of scent evidence:  "Ludicrous."

Oklahoma.  Former Oklahoma City DA Bob Macy and police chemist Joyce Gilchrist have settled with Curtis Edward McCarty, who spent 20 years on death row for a crime he didn't commit, thanks to the "convictions at all costs" efforts of Macy and Gilchrist.  The settlement terms with Macy are sealed, but not the settlement with Gilchrist.  The Oklahoma Gazette has peeled away the layers of "spin" to reveal inner workings in the DA's office and crime lab that are shocking.  A scoop for the Oklahoma Gazette

United States.  The U.S. Supreme Court dragged crime labs toward transparency in its June 25, 2009 opinion that crime lab reports used in drug and other cases can be introduced as evidence at trial only if defendants can cross-examine the forensic analysts who prepared them.  One less rock for incompetence to hide behind.

Arson or Accident?
The inability of arson investigators to recognize the difference could put YOU in prison - or worse.
arson
Five men charged with crimes that never happened.  Five men's lives ruined.  Two men freed.  One man executed.  Two innocent men still locked up.  This doesn't just happen in Texas.  It happens everywhere.  It can happen to anyone.  It can happen to YOU.

John Jay College

The Arson Screening Project


With the generous support of the JEHT Foundation, the Center has launched an Arson Screening Project, designed to:
Survey and analyze the range of “Arson” convictions that in fact involved accidental fires,
*  Forward meritorious cases to a blue-ribbon Fire Science panel, led by Center Advisory Board member John Lentini,
*  Report to scientists and practitioners the depth and extent of the problem and develop targeted remedies.

The Arson Screening Project will not provide legal representation. It will, however, offer an assessment of the science used to gain a conviction which can be employed in trying to persuade prosecutors, lawyers, and courts that a given case is worthy of review. The Project is not designed to assess “whodunit” cases; it is designed to offer a scientific analysis of whether the crime of arson was committed, not to identify arsonist or rule out a defendant in case where a fire was set.

If you believe you or a client have a case that would benefit from authoritative review, click HERE for further information and the application form.



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 Oregon and Tennessee, whose programs are undergoing reorganization). 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


RECOMMENDED READING

The Monfils Conspiracy
by Denis Gullickson and John Gaie

On November 21, 1992, Thomas Monfils, an employee at the James River paper mill in Green Bay, Wisconsin, disappeared. After an intensive search, his body was found the next evening, submerged in a pulp vat. The police called it murder. In 1995, six of Monfils' coworkers were wrongfully convicted of his death, the result of a preordained theory and a reckless prosecution.

Highly detailed and meticulously researched, The Monfils Conspiracy reveals the true story of a botched case that landed six innocent men in prison. Through extensive interviews, court documents, police reports, and other documentation, Denis Gullickson and John Gaie present a powerful look at the troubling events surrounding the death of Thomas Monfils and the mistake-riddled investigation that followed.

Fifteen years after Monfils' death and a dozen years after his coworkers' convictions, The Monfils Conspiracy shatters the myths surrounding this case and opens the door to justice-and the truth.

The Monfils Conspiracy
For more information about the book, the defendants and the botched police investigation, click HERE.
Click HERE to read the 7th Circuit Court of Appeals decision exonerating defendant Michael Piaskowski.

True Stories of False Confessions
True Stories of False Confessions
by Rob Warden and Steven A. Drizin

"When people ask the question: 'Why would anybody who is innocent confess to something they know they did not do?' Well, maybe this book will be their answer. It happens all the time." --- Dr. Rubin (Hurricane) Carter

In True Stories of False Confessions, Rob Warden and Steve Drizin of the Center on Wrongful Convictions present 39 compelling accounts of false confessions. The stories are organized into categories, such as, brainwashing, child abuse, and fabrication, that will help readers understand the factors that lead people to confess to crimes they did not commit.

True Stories of False Confessions shows that these cases are not aberrations, but rather evidence of systemic flaws in the criminal justice system that demand reform. To this end, Warden and Drizin include an illuminating introduction to each category as well as a postscript for each case, providing legal updates and additional information.

OF NOTE:  Phillip Finch's landmark book, Fatal Flaw: A True Story of Malice and Murder in a Small Southern Town, is once again available.  Fatal Flaw can be purchased in printed copy or may be downloaded free of charge from the website of the publisher, Libertary.com.  Click HERE for more information.

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