innocence project in print: summer 2010

THE INNOCENCE PROJECT IN PRINT

Ricardo Rachell 1/14/09

James Dean 1/26/09

Kathy Gonzalez 1/26/09

Debra Shelden 1/26/09

Ada JoAnn Taylor 1/26/09

Thomas Winslow 1/26/09

Joseph Fears Jr. 3/10/09

Miguel Roman 4/02/09

Victor Burnette 4/03/09

Timothy Cole 4/09/09

Johnnie Lindsey 4/24/09

Chaunte Ott 6/05/09

Lawrence McKinney 7/17/09

Robert Lee Stinson 7/27/09

Kenneth Ireland 8/19/09

Joseph Abbitt 9/02/09

James Lee Woodard 9/30/09

Jerry Lee Evans 10/21/09

Michael Marshall 12/14/09

James Bain 12/17/09

Donald Eugene Gates 12/18/09

Freddie Peacock 2/04/10

Ted Bradford 2/11/10

Anthony Caravella 3/25/10

Frank Sterling 4/28/10

Raymond Towler 5/05/10

VOLUME 6 ISSUE 1 SUMMER 2010BENJAMIN N. CARDOZO SCHOOL OF LAW, YESHIVA UNIVERSITY

BOARD OF DIRECTORSMichelle AdamsProfessor, Benjamin N. CardozoSchool of LawGordon DuGanPresident and Chief ExecutiveOfficer, W.P. Carey & Co.Senator Rodney EllisTexas State Senate, District 13Board ChairJason FlomPresident, LAVA RecordsJohn GrishamAuthorCalvin C. Johnson, Jr.Former Innocence Project client and exoneree;Supervisor, MetropolitanAtlanta Rapid TransitAuthorityDr. Eric S. LanderDirector, Broad Institute ofMIT and Harvard Hon. Janet RenoFormer U.S. Attorney GeneralRossana RosadoPublisher and CEO of El Diario La PrensaMatthew RothmanManaging Director and Global Head of Quantitative EquityStrategies, Barclays CapitalStephen SchulteFounding Partner and OfCounsel,Schulte Roth & ZabelBoard Vice ChairBonnie SteingartPartner, Fried, Frank, Harris,Shriver & Jacobson Andrew H. TananbaumPresident and CEO, CapitalBusiness Credit Jack TaylorGlobal Head of High YieldDebt, PREI Board Treasurer

FEATURESFALSE CONFESSIONS: A NEW YORK STORY..........................................4

FRIEND OF THE COURT, FRIEND OF THE INNOCENT ............................9

THE LUCK OF THE DRAW: EXONEREE COMPENSATION IS OFTEN LEFT TO CHANCE...........................................................12

IN THEIR OWN WORDS: Q & A WITH MIKE WAGNER AND GEOFF DUTTON, INNOCENCE NETWORKJOURNALISM AWARD RECIPIENTS .............................................16

DEPARTMENTSLETTER FROM THE EXECUTIVE DIRECTOR..............................................3

EXONERATION NATION ..........................................................................18

INNOCENCE PROJECT NEWS ..................................................................20

INNOCENCE BY THE NUMBERS: THE FIRST 250 ...............................................................................22

IN THIS ISSUE

9

21

PHOTO CREDITS: COVER, ©Gary Walts; PAGE 3, www.heatherconley.com; PAGE 4, www.democratandchronicle.com; PAGE 6, ©Gary Walts; PAGE 9, Marc A. Hermann; PAGE 12, Clay Graham; PAGE 14, AP Photo/Alan Diaz; PAGE 15, Dan Gair/Blind Dog Photos, Inc; PAGE 16, Reprint courtesy of The Columbus Dispatch; PAGE 18, Reprint courtesy of The Columbus Dispatch; PAGE 19 FROM TOP TO SECOND FROM

BOTTOM, ©Gary Walts, ©Curtis201, Lou Toman/Sun-Sentinel; PAGE 21, ©Curtis201

ON THE COVER: FREDDIE PEACOCK OF ROCHESTER, NEW YORK, ON HIS EXONERATION DAY, FEBRUARY 4, 2010.

▲

THE NAMES THAT FOLLOW BELOW ARE THOSE OF THE 254 WRONGFULLY CONVICTED PEOPLE WHOM DNAHELPED EXONERATE, FOLLOWED BY THE YEARS OF THEIR CONVICTION AND EXONERATION.

Gary Dotson David Vasquez Edward Green Bruce Nelson Charles Dabbs Glen Woodall Joe Jones Steven Linscott Leonard Callace Kerry Kotler Walter Snyder1979 to 1989 1985 to 1989 1990 to 1990 1982 to 1991 1984 to 1991 1987 to 1992 1986 to 1992 1982 to 1992 1987 to 1992 1982 to 1992 1986 to 1993

3FROM THE EXECUTIVE DIRECTOR

CONFRONTING WRONGFUL CONVICTIONS FROM EVERY ANGLE

Kirk Bloodsworth Dwayne Scruggs Mark D. Bravo Dale Brison Gilbert Alejandro Frederick Daye Edward Honaker Brian Piszczek Ronnie Bullock David Shephard Terry Chalmers1985 to 1993 1986 to 1993 1990 to 1994 1990 to 1994 1990 to 1994 1984 to 1994 1985 to 1994 1991 to 1994 1984 to 1994 1984 to 1995 1987 to 1995

Since our founding in 1992, freeing convicted and yet innocent prisoners through DNA testing has been at the heart of the Innocence Project’s work. The 254 peopleexonerated through DNA testing serve as irrefutable proof that the criminal justicesystem is flawed and must be reformed. This is why we limit our cases to those in whichDNA testing could prove innocence, and it’s why we have had such success with ourreform agenda.

The Innocence Project approaches the problem of wrongful conviction from severaldifferent angles. In this issue of The Innocence Project In Print, we highlight twoimportant, though less well known, areas of our work – the amicus program and thesocial work program.

Filing amicus, or “friend-of-the-court,” briefs allows us to help shape policy by weighingin on state and federal cases that could have a broad impact on the criminal justicesystem – even when we aren’t acting as the attorney of record. For an example, read“Friend of the Court, Friend of the Innocent” starting on page 9, which describes a NewJersey case that could improve the way that eyewitness evidence is handled statewide.

Our social work program, developed in 2006, helps exonerees transition to life afterexoneration and continues to provide support for as long as the exonerated personneeds it. Our two social workers establish a release plan for every client freed fromprison, parole, or even if they are no longer on parole. This release plan connects themto local support services, transitional housing, mental health counseling, and otherservices as needed. Meanwhile, the Exoneree Fund provides our clients with financialassistance for emergency needs like clothing, housing, transportation and health care.

Four exonerees from four different states share their stories and struggles of life afterexoneration in “The Luck of the Draw,” starting on page 12. Compensation forexonerees varies widely among these four states – and throughout the nation – and theInnocence Project is simultaneously working to persuade states to help the exoneratedby passing or improving compensation laws.

Whatever the task at hand, whether we’re working on an individual case or developinga strategy for systemic reform, it all contributes to advancing our mission of protectingthe innocent and making the criminal justice system more fair and more reliable.Wherever people are at risk of wrongful conviction, prisoners are fighting to prove theirinnocence, or exonerees are struggling to adjust to the free world, we reach out to help.

Maddy deLoneExecutive Director

4

A pattern of false confessions in New York State reveals the fallibility of police interrogation procedures and the need for broad, statewidecriminal justice reform.

One of the hallmarks of a reliable confession is that it includes details about the crimethat no one else knows, and these details should be corroborated by the crime sceneevidence. What weapons did the perpetrator use? Where was the body left? Whathappened to the weapon? A recent Innocence Project exoneration shows how policeinvestigations can veer tragically off course when interrogators ignore the warning signsof a false confession.

During an interrogation video from 1991, two Monroe County investigators ask FrankSterling what he did with the BB gun that was used in the assault of 74-year-old Viola

Ronald Cotton Rolando Cruz Alejandro Hernandez William O. Harris Dewey Davis Gerald Davis Walter D. Smith Vincent Moto Steven Toney Richard Johnson Thomas Webb1985, 1987 to 1995 1985 to 1995 1985 to 1995 1987 to 1995 1987 to 1995 1986 to 1995 1986 to 1996 1987 to 1996 1983 to 1996 1992 to 1996 1983 to 1996

FRANK STERLING (CENTER) CATCHES UP WITH FELLOW NEW YORK EXONEREE JEFFREY DESKOVIC (RIGHT) AND

INNOCENCE PROJECT CO-DIRECTOR PETER NEUFELD ON THE DAYTHAT HE WAS RELEASED FROM PRISON AND EXONERATED,

APRIL 28, 2010.

FALSE CONFESSIONS:A NEW YORK STORY

5FALSE CONFESSIONS: A NEW YORK STORY

Manville. “Threw it,” he says. They press him for details – did he throw it in the woods,in the water, where? “I don’t know. I don’t remember. I just gave it a throw.” Sterlingalso doesn’t remember what he was wearing or if he had any blood on his clothes orhow he would have disposed of those clothes. He doesn’t know where the victim wasshot or how many times.

Sterling’s “confession” occurred after a 36-hour trucking shift followed by a 12-hourinterrogation. It was not the first time that Sterling had been questioned about theManville murder. In 1988, shortly after the murder, Sterling voluntarily reported to the police station for questioning. His older brother was incarcerated for attempting to sexually assault Manville, but Frank Sterling himself had no criminal record and nohistory of violent behavior. He denied any involvement with the crime and offered asolid alibi.

However, when investigators failed to solve the case over two years later, they againreturned to Sterling as a potential suspect. In doing so, they ignored key evidence thatanother man might have committed the crime. Mark Christie, a high school student in1988, was absent on the morning of the murder. Authorities were alerted that Christieowned a BB gun, that he often walked the path where Manville was murdered, and thathe was under investigation for an unrelated assault.

Shortly after Sterling’s conviction, but before his sentencing, friends and acquaintancesof Christie’s came forward and said that Christie told them he committed the murder.But Christie was not apprehended and he remained free to commit another murder. In 1994, in a highly publicized case, Christie killed four-year-old Kali Ann Poulton. Thecrime could have been prevented if authorities had paid more attention to Christie as a suspect in the 1988 murder instead of convicting an innocent man.

Although he recanted almost immediately, Sterling’s confession was the centralevidence used against him; there was no eyewitness identification and no physicalevidence. Sterling was convicted and sentenced to 25 years to life. The InnocenceProject eventually secured his release along with local attorney, Donald Thompson.“Touch DNA,” or testing on skin cells, was performed and implicated Christie as theactual perpetrator while clearing Sterling. After nearly 18 years in prison, Sterling wasexonerated.

IN THE AFTERMATH OF A FALSE CONFESSIONA disturbing pattern has emerged in New York State: 12 wrongful convictionsoverturned through DNA testing have involved false confessions. Freddie Peacock ofRochester, exonerated by the Innocence Project in February, was wrongfully convictedof raping his neighbor in 1976. Police claimed that he confessed. However, Peacockcouldn’t say where, when or how his neighbor had been raped. According to police, he could only say that he did it and that he was sorry. Furthermore, he acknowledgedduring the interrogation that he had a history of mental illness and had beenhospitalized several times. The interrogation was not recorded, nor did Peacock sign a

Kevin Green Verneal Jimerson Kenneth Adams Willie Rainge Dennis Williams Fredric Saecker Victor Ortiz Troy Webb Timothy Durham Anthony Hicks Keith Brown1980 to 1996 1985 to 1996 1978 to 1996 1978, 1987 to 1996 1978, 1987 to 1996 1990 to 1996 1984 to 1996 1989 to 1996 1993 to 1997 1991 to 1997 1993 to 1997

ALTHOUGH HE RECANTED

ALMOST IMMEDIATELY,

STERLING’S CONFESSION WAS

THE CENTRAL EVIDENCE USED

AGAINST HIM; THERE WAS NO

EYEWITNESS IDENTIFICATION

AND NO PHYSICAL EVIDENCE.

6 THE INNOCENCE PROJECT IN PRINT

confession statement. He was exonerated earlier this year after over five years in prisonand two decades on parole.

Douglas Warney, an Innocence Project client exonerated through DNA testing in 2006, was also convicted of a crime based on a false confession. Warney, a man with ahistory of mental health issues and advanced AIDS, confessed to the murder of WilliamBeason after a 12-hour interrogation. The interrogation was not recorded; instead, theinvestigator typed a statement that Warney signed. Warney was wrongfully convicted in 1997 and served nine years in prison. Meanwhile, the real perpetrator, who wasidentified post-conviction through a DNA database hit, attempted to murder two otherpeople while Warney was imprisoned.

Wrongful convictions often lead to more crimes because the real perpetrator remainsfree while the wrong person is behind bars. Matias Reyes, the real perpetrator from the“Central Park Jogger” case, went on to commit one murder and four rapes before hewas apprehended and convicted. In that case, five teenagers falsely confessed afterprolonged periods of police interrogation. They have since been exonerated throughDNA testing, and Reyes is serving a life sentence for the Central Park Jogger crime.

Marvin Mitchell Chester Bauer Donald Reynolds Billy Wardell Ben Salazar Kevin Byrd Robert Miller Perry Mitchell Ronnie Mahan Dale Mahan David A. Gray1990 to 1997 1983 to 1997 1988 to 1997 1988 to 1997 1992 to 1997 1985 to 1997 1988 to 1998 1984 to 1998 1986 to 1998 1986 to 1998 1978 to 1999

FREDDIE PEACOCK POSES WITH FAMILY MEMBERS AFTER HEWAS OFFICIALLY EXONERATED THROUGH DNA TESTING INFEBRUARY 2010. PEACOCK WAS RELEASED IN 1982 BUT

CONTINUED FIGHTING FOR 28 YEARS TO CLEAR HIS NAME.

7FALSE CONFESSIONS: A NEW YORK STORY

Habib W. Abdal Anthony Gray John Willis Ron Williamson Dennis Fritz Calvin Johnson James Richardson Ronald Jones Clyde Charles McKinley Cromedy Larry Holdren1983 to 1999 1991 to 1999 1993 to 1999 1988 to 1999 1988 to 1999 1983 to 1999 1989 to 1999 1989 to 1999 1982 to 1999 1994 to 1999 1984 to 2000

KEEPING FALSE CONFESSIONS FROM BECOMINGWRONGFUL CONVICTIONSIn order to prevent wrongful convictions and get real perpetrators off the streets, theInnocence Project advocates that all interrogations be recorded from beginning to end.In Sterling’s case, only the 20-minute confession was recorded, not the interrogationthat led up to it. Fragmented recordings don’t help prevent false confessions. Even ifthe interrogation lasts many hours, the judge and jury need to see what transpired fromstart to finish.

Law enforcement officials nationwide have embraced the practice of recordinginterrogations, with over 500 jurisdictions now adopting this reform voluntarily.Detective Jim Trainum, a retired investigator from the Washington, DC, policedepartment became an advocate for recording interrogations after discovering that he had unintentionally elicited a false confession. The suspect, it turned out, had aniron-clad alibi. Because he had video-recorded the entire interrogation, he had theopportunity to learn from his mistake. To his astonishment, he found that he hadinadvertently revealed confidential details of the crime to the suspect throughout theinterrogation, which she simply parroted back in her confession.

In a Los Angeles Times op-ed, Trainum writes: “The only police officers I’ve met whodon’t embrace recording interrogations are those who have never done it. Too manypolice officers still wrongly believe that recording interrogations will be logisticallydifficult and expensive, and that guilty suspects won’t confess if they know they arebeing recorded.”

The benefits of recording interrogations far outweigh the logistical difficulties. The practice protects police from false allegations of coercion, while also helping toestablish a strong case against a suspect with a reliable confession. Eighteen states and

NEW YORK FALSE CONFESSION CASES:Twenty-six New Yorkers have been exonerated through DNA testing, and 12 of those wrongful convictions involved false confessions. BesidesFrank Sterling and Freddie Peacock, both exonerated in 2010, they are:

KOREY WISE.

2006

Douglas Warney is proven innocent of the 1996 murder of a Rochester-area man.

2006

Jeffrey Deskovic is proveninnocent of the rape and murderof his Westchester County highschool classmate after over 15years in prison.

2005

Three defendants convicted of aLong Island rape and murder areproven innocent. Dennis Halstead,John Restivo and John Kogutserved a combined 49 years inprison.

2002

Five defendants from the “CentralPark Jogger” case are proveninnocent: Antron McCray, KevinRichardson, Yusef Salaam,Raymond Santana and Korey Wise. They served a combined33.5 years in prison for the brutalrape of a female jogger.


Larry Youngblood Willie Nesmith James O’Donnell Frank L. Smith Herman Atkins Neil Miller A.B. Butler Armand Villasana William Gregory Eric Sarsfield Jerry Watkins1985 to 2000 1982 to 2000 1998 to 2000 1986 to 2000 1988 to 2000 1990 to 2000 1983 to 2000 1999 to 2000 1993 to 2000 1987 to 2000 1986 to 2000

the District of Columbia now require at least some interrogations to be recorded, butNew York is not one of them.

SLOW TO REFORMRecording interrogations is one of a number of criminal justice reforms that has stalled out in the New York State Legislature for years. Besides Illinois and Texas, New York leads the nation in the number of wrongful convictions overturned throughDNA testing. In addition to false confessions, the factors that led to these wrongfulconvictions include eyewitness misidentification, forensic science problems, bad defenselawyering, government misconduct and more.

Each year, the Innocence Project gains more traction with criminal justice professionalsand policymakers in New York, but progress has been achingly slow. In 2008, the NewYork State Bar Association created a Task Force on Wrongful Convictions with membersfrom law enforcement, academia, government advocacy groups and more. The TaskForce held a series of public hearings to study the state’s wrongful convictions cases and analyze their causes. Several local exonerees, including Doug Warney, spoke at thehearings, along with Innocence Project Co-Directors Peter Neufeld and Barry Scheck.The group then issued its findings and recommendations for improvement, such as arecommendation that felony-level interrogations be electronically recorded in theirentirety, that eyewitness identification procedures be improved to enhance theirreliability, and that forensic science training be provided to prosecutors, defenseattorneys and judges.

Although none of these recommendations have passed as legislation yet, the work ofthe Task Force on Wrongful Convictions has not gone unnoticed. In 2009, the chiefjudge of New York’s highest court created a new permanent task force to examinecauses of wrongful convictions – including false confessions – and recommend reformsto prevent them. Then, shortly after Peacock’s exoneration in early 2010, newly electedManhattan District Attorney Cyrus Vance, Jr., announced the creation of a ConvictionIntegrity Program. The program will seek to prevent wrongful convictions and addressclaims of innocence. Innocence Project Co-Director Barry Scheck will join theConviction Integrity Policy Advisory Panel, which will advise the District Attorney’sOffice on national best practices and the issues relating to wrongful convictions.

Each of these measures are a step in the right direction, but in order for New York State to really ensure the integrity of its criminal justice system, systemic reforms must become law. In the years ahead, the Innocence Project will continue to work with the Governor, the Attorney General, and the Legislature to adopt meaningful,lasting improvements to the system. It is our promise to the 26 DNA exonerees in the state, to their families and to those men and women still wrongfully imprisoned in New York. ▲

DOUGLAS WARNEY.

“THE ONLY POLICE OFFICERS

I’VE MET WHO DON’T EMBRACE

RECORDING INTERROGATIONS

ARE THOSE WHO HAVE NEVER

DONE IT.”

Retired Detective Jim Trainum,Washington, DC.

By filing amicus briefs on important legal issues, the Innocence Projectsparks criminal justice reform and protects the innocent.

The Innocence Project’s amicus, or “friend of the court,” brief in People v. Hendersonhas helped turn the case into a comprehensive review on eyewitness evidence andpolice lineup procedures across New Jersey. This single appellate case could change the way that cases involving eyewitness identification are litigated in New Jersey andcould ultimately compel reform in other states as well. Exonerating innocent peoplethrough post-conviction DNA testing remains at the heart of the Innocence Project’swork, and the Henderson case shows how our amicus program presents other criticalopportunities to improve the criminal justice system.

FERNANDO BERMUDEZ WEEPS AFTER A NEW YORK STATESUPREME COURT JUSTICE DECLARES HIM TO BE INNOCENT.BERMUDEZ’S CONVICTION WAS OVERTURNED IN NOVEMBER2009 WITH THE HELP OF THE INNOCENCE PROJECT’S AMICUSBRIEF ABOUT THE CASE.

9

Roy Criner Anthony Robinson Carlos Lavernia Earl Washington Lesly Jean David S. Pope Kenneth Waters Danny Brown Jeffrey Pierce Jerry F. Townsend Calvin Washington1990 to 2000 1987 to 2000 1985 to 2000 1984 to 2000 1982 to 2001 1986 to 2001 1983 to 2001 1982 to 2001 1986 to 2001 1980 to 2001 1987 to 2001

FRIEND OF THE COURTFRIEND OF THE INNOCENT


Eduardo Velasquez Charles I. Fain Anthony M. Green John Dixon Calvin Ollins Larry Ollins Marcellius Bradford Omar Saunders Larry Mayes Richard Alexander Mark Webb1988 to 2001 1983 to 2001 1988 to 2001 1991 to 2001 1988 to 2001 1988 to 2001 1988 to 2001 1988 to 2001 1982 to 2001 1998 to 2001 1987 to 2001

Larry Henderson, convicted of manslaughter and weapons possession, argues thatpolice officers tainted the photo lineup procedure that led to his conviction. Theidentification procedure was interrupted by two investigating officers who said that they thought the witness was hesitating to identify anyone because he was scared. The two officers entered the room and spoke to the witness, after which he identifiedHenderson.

The procedure violated New Jersey guidelines on collecting eyewitness evidence, whichwere largely based on federal recommendations and adopted in 2001. According to theNew Jersey guidelines, all eyewitness identification procedures should be administeredby an officer who doesn’t know the identity of the suspect. The practice prevents lawenforcement from intentionally or unintentionally cueing the witness about whom topick, and it is one of a series of guidelines that have been proven to reduce the rate ofmisidentifications.

In its brief, the Innocence Project describes each of these guidelines and offersrecommendations for how the court should handle eyewitness testimony if any one ofthe guidelines has not been followed. The New Jersey Supreme Court responded bydeciding to examine the issue more thoroughly and invited the Innocence Project,along with the parties involved in the case, to present a range of testimony and researchon eyewitness evidence. Over the course of several days in September, the nation’s topexperts on eyewitness evidence were called to testify about the science of memory andwhy eyewitnesses sometimes get it wrong. The judge’s ruling, expected this summer,could help motivate law enforcement to consistently practice eyewitness identificationprocedures that follow the state guidelines – and, by extension, it could prevent futurewrongful convictions involving eyewitness misidentification.

People v. Henderson is only one of more than a dozen amicus briefs filed by theInnocence Project and Innocence Network in state and federal courts each year. The Innocence Network is a consortium of groups doing innocence-related work, andthe Innocence Project is a founding member. Each case has the potential to set legalprecedent and change laws. Weighing in as “amici” allows the Innocence Project tooffer its expertise on post-conviction DNA testing and the causes and remedies ofwrongful conviction over a broad range of legal issues. Over the years, amicus work has helped influence judicial decisions about forensic science evidence, police andprosecutorial misconduct, access to DNA testing, false confessions and more.

The amicus program would not be possible without pro bono legal assistance fromsome of the nation’s top law firms, whose input and collaboration are essential to thesecases. For example, Gibbons, a leading law firm in New York, New Jersey, Philadelphiaand Delaware, helped the Innocence Project draft its amicus brief to the New JerseySupreme Court in the Henderson case. What follows are just a few examples of otherrecent cases in which the Innocence Project and the Innocence Network havesubmitted amicus briefs. ▲

THE INNOCENCE PROJECT’S

AMICUS WORK HAS HELPED

INFLUENCE JUDICIAL DECISIONS

ABOUT FORENSIC SCIENCE

EVIDENCE, POLICE AND

PROSECUTORIAL MISCONDUCT,

ACCESS TO DNA TESTING, FALSE

CONFESSIONS AND MORE.

LARRY HENDERSON.

11FRIEND OF THE COURT, FRIEND OF THE INNOCENT

Leonard McSherry Ulysses R. Charles Bruce Godschalk Ray Krone Hector Gonzalez Alejandro Dominguez Clark McMillan Larry Johnson Christopher Ochoa Victor L. Thomas Marvin Anderson1988 to 2001 1984 to 2001 1987 to 2002 1992 to 2002 1996 to 2002 1990 to 2002 1980 to 2002 1984 to 2002 1989 to 2002 1986 to 2002 1982 to 2002

HIGHLIGHTS OF THE INNOCENCE PROJECT’S AMICUS PROGRAM IN 2010: Kevin Keith v. State of OhioIssues: Prosecutorial and Police Misconduct Filed with: U.S. Supreme CourtPro Bono Legal Partner: Weil, Gotshal & Manges LLP

The Innocence Network argues that Kevin Keith, scheduled for execution inSeptember, has been denied a fair trial because evidence of his innocence wassuppressed. It was not until Keith had already been convicted that new evidenceimplicating an alternate suspect was uncovered. Because of the prosecution’sfailure to turn over the evidence of Keith’s innocence, he should be granted anew trial. Keith was convicted of murder in the 1994 shooting deaths of threeOhio people in which three others were wounded.

Larry Ray Swearingen v. Rick Thaler Issues: Access to CourtsFiled with: Fifth Circuit Court of AppealsPro Bono Legal Partner: Skadden, Arps, Slate, Meagher & Flom LLP

Larry Swearingen was convicted of capital murder in Texas in 1998. However,new scientific evidence suggests that Swearingen was in jail when the victim died and therefore could not have committed the murder. The InnocenceNetwork brief argues that Swearingen should receive a stay of execution and a new trial. In January, the Fifth Circuit ruled that Swearingen’s execution bedelayed in order for the court to consider his appeals.

Kimberly Hurrell-Harring et al. v. State of New YorkIssues: Ineffective Assistance of CounselFiled with: New York Court of Appeals

This Innocence Project brief on behalf of indigent defendants across New YorkState argues that the county-based system of public defenders in New York isdisparate, inequitable and ineffective and does not meet basic constitutionalstandards for providing effective legal representation for the poor. The briefuses DNA exoneration cases to highlight bad lawyering as one of the majorcauses of wrongful conviction. The Court of Appeals ruled in May to reinstate a lawsuit challenging the state’s system for representing poor defendants incriminal cases.

12

Eddie J. Lloyd Jimmy R. Bromgard Albert Johnson Samuel Scott Douglas Echols Bernard Webster David B. Sutherlin Arvin McGee Antron McCray Kevin Richardson Yusef Salaam1985 to 2002 1987 to 2002 1992 to 2002 1987 to 2002 1987 to 2002 1983 to 2002 1985 to 2002 1989 to 2002 1990 to 2002 1990 to 2002 1990 to 2002

EXONEREE COMPENSATION IS OFTEN LEFT TO CHANCE An exonerated person’s ordeal doesn’t end with exoneration.Unfortunately, the state assistance they receive often depends more on geography and politics than on their own unique needs.

Twenty-seven states have laws to compensate the wrongfully convicted, but vastinequities exist among those laws. The Innocence Project and its partners around thecountry – including exonerated men and women – work together to create or improvecompensation laws so that exonerees can get the financial assistance and supportservices they need to transition from prison life to freedom. In the meantime, theInnocence Project social work program steps in to help address exonerees’ many needs.During their years of wrongful imprisonment, they have lost financial and career

THE LUCK OFTHE DRAW

TEXAS EXONEREES, AND FORMER INNOCENCE PROJECTCLIENTS, HELPED PASS A GENEROUS COMPENSATION PACKAGE

FOR THE STATE’S WRONGFULLY CONVICTED. FROM LEFT,JAMES GILES, LARRY FULLER, THOMAS MCGOWAN, JAMES

WALLER, BRANDON MOON AND RONALD TAYLOR.

13THE LUCK OF THE DRAW

Raymond Santana Korey Wise Paula Gray Richard Danziger Julius Ruffin Gene Bibbins Eddie J. Lowery Dennis Maher Michael Mercer Paul D. Kordonowy Dana Holland1990 to 2002 1990 to 2002 1978 to 2002 1990 to 2002 1982 to 2003 1987 to 2003 1982 to 2003 1984 to 2003 1992 to 2003 1990 to 2003 1995 to 2003

opportunities, quality medical care, a sense of identity, a place in society and more.Here are some of their stories:

GEORGIA: Samuel Scott, Still Waiting to Be CompensatedOn his exoneration day in 2002, the Atlanta Journal-Constitution quoted Scott assaying, “I feel vindicated.” In 2005, the Legislature awarded him over $1 millionthrough a special bill, but the money never materialized. Today, Scott’s feelings havechanged. “I did a whole 360. What happened to me should never have happened. I’mbeing punished twice.”

The influential District Attorney Spencer Lawton, who prosecuted the case and is still not convinced of Scott’s innocence, fought the legislation. Since Georgia has no compensation law, the Legislature sometimes awards funds on a case-by-case basis. But the amounts appear to be arbitrary; some Georgia exonerees receive twice as much as others. Georgians are left to question if compensation is based onthe number of years served, the amount of the state’s budget that year, or worse – the popularity of the exoneree and the lawmaker sponsoring the bill.

Scott has struggled to keep even low-paying jobs because of the wrongful convictionand the 16-year hole in his employment history. His last job, as a dishwasher at a pub,ended when his employer found out that he had been incarcerated. “They neverexpunged my record. And when I applied for a job, that wrongful conviction wouldpop up and nobody would hire me. So I had to start doing for myself,” he says.

Two years ago, he started a landscaping business called Extra Mile Landscaping, but thebusiness floundered and Scott had to sell off his landscaping equipment. He is now 54years old. He has no retirement income and no health insurance. He says, “Legislatorsknow what they should do.”

FLORIDA: William Dillon, Denied State CompensationTwo years ago, just before Bill Dillon was released and exonerated through DNAtesting, the Florida Legislature passed a law to provide compensation for the wrongfullyconvicted – $50,000 per year of wrongful imprisonment with a maximum of $2 million.

The timing was perfect for Dillon, who would have been eligible for about $1.3 million– except for one thing. The Florida statute includes a “clean-hands provision,” makingexonerees with any prior felony convictions ineligible. After 26 years in prison for amurder he didn’t commit, Dillon was prevented from receiving any restitution becauseof a teen drug conviction. “They’re saying that the joint and the Quaalude that I had inmy pocket at 19 makes me ineligible,” he says.

Dillon could have benefitted from the state’s assistance – financially, medically andemotionally. “I have high blood pressure and a thyroid condition. A lot of these medicaltests that I haven’t had in years are very expensive. I’ve been diagnosed with post-traumatic stress disorder, so I should’ve been allowed Supplemental Security Income,

SAMUEL SCOTT.


Kenneth Wyniemko Michael Evans Paul Terry Lonnie Erby Steven Avery Calvin Willis Nicholas Yarris Calvin L. Scott Wiley Fountain Leo Waters Stephan Cowans1994 to 2003 1977 to 2003 1977 to 2003 1986 to 2003 1985 to 2003 1982 to 2003 1982 to 2003 1983 to 2003 1986 to 2003 1982 to 2003 1998 to 2004

WILLIAM DILLON TALKS TO REPORTERS ABOUT STATECOMPENSATION AT HIS MOTHER’S HOME IN SATELLITE

BEACH, FLORIDA.

but they’re not seeing it. Exonerees should be compensated the day that they’rereleased in order to get their lives back on track.”

None of Florida’s 12 DNA exonerees have received compensation through the new law,and no other state has a clean-hands provision. Florida exoneree Alan Crotzer hadprevious felonies for stealing beer as a minor and incurring a drug conviction while hewas in prison. He, too, was denied compensation despite having spent 24 years inprison for a rape and kidnapping that DNA testing proved he didn’t commit. TheFlorida Legislature ended up passing a special bill just to compensate Crotzer and mayultimately make the same concession for Dillon. Meanwhile, Dillon is faced with theawkward task of defending himself against the state again.

WISCONSIN: Fredric Saecker, Making Do with $25,000“I just felt so lost that everything felt like too much,” Fred Saecker says of the early daysafter his release. “I had a lot to deal with. I didn’t want to go across the street. I didn’twant to go into stores. You don’t know where that fear comes from. It’s just there.”

Saecker was wrongfully convicted of a 1989 rape and exonerated through DNA testingin 1996. “The good thing was getting exonerated, but the compensation was a joke.”According to the Wisconsin compensation law, Saecker was eligible for a maximum of$25,000. It barely scratched the surface of the income he’d lost over seven years.

15

Anthony Powell Josiah Sutton Lafonso Rollins Ryan Matthews Wilton Dedge Arthur L. Whitfield Barry Laughman Clarence Harrison David A. Jones Bruce D. Goodman Donald W. Good1992 to 2004 1999 to 2004 1994 to 2004 1999 to 2004 1982, 1984 to 2004 1982 to 2004 1988 to 2004 1987 to 2004 1995 to 2004 1986 to 2004 1984 to 2004

THE LUCK OF THE DRAW

The 59-year-old Saecker, who works in a factory driving trucks and forklifts, would becontemplating retirement if it wasn’t for those lost years. “I was making about $20,000when I went in. If I even had $20,000 multiplied by seven, that would be minimal. I alreadypaid once for something I didn’t do. Why should I have to pay again when I’m 65?”

With its miserly financial assistance and no social services, Wisconsin’s compensationlaw is one of the worst in the nation. Saecker, who would have liked to learn a trade or get a degree, could not afford the education. Montana offers educational aid topeople exonerated through DNA testing, but no financial compensation. NewHampshire offers a maximum of $20,000. These three states are among the 27 thathave compensation laws, although the practical impact of those laws is negligible.

TEXAS: Larry Fuller, Compensation Helps Fulfill His GoalTexas leads the nation in wrongful convictions later overturned though DNA testing,but the state has also made a strong commitment to assisting exonerees after theirrelease. Larry Fuller is one of 40 people proven innocent through DNA testing in thestate. Fuller is a decorated Vietnam war veteran and former student of the Art Instituteof Dallas. He served nearly 20 years in prison for a rape he didn’t commit.

Both the judge and the prosecutor offered their apologies to Fuller at his exonerationin 2007, and he received an official pardon from the Governor. That same year, Fullerwas awarded $1 million from the state, and he knew just what to do with it. “I’m givingtribute to the house where I grew up,” he says.

Fuller’s childhood home had fallen into disrepair during the years that he was gone.His elderly father couldn’t keep it up, and his mother had passed away while he was inprison. “Roofing, plumbing, remodeling the kitchen, fixing the garage…We’ve shapedit up from top to bottom.” Fuller has also resumed his interest in drawing and paintingand has recently purchased an easel, a sketchbook and other art supplies.

Fuller, as well as many other Texas exonerees, helped lobby for criminal justice reforms to improve compensation and social services for the recently exonerated. Partly as a result of these efforts, the Texas Legislature passed the most comprehensivecompensation package in the nation in 2009. The state now offers $80,000 per year ofwrongful imprisonment plus $25,000 per year spent on parole or as a registered sexoffender. Social services provided by Texas are the most comprehensive in the nation,including job training, tuition credits and access to medical and dental treatment.

No state compensation package, no matter how good, could repair the harm or make every exonerated person feel whole again. But the state can certainly avoidcompounding the injustice by repaying exonerees the money and resources they lostduring their years of wrongful imprisonment. The state has an obligation to providecritical assistance. While the Innocence Project presses states to meet that obligation,the organization is dedicated to providing social work support one month, one year,even ten years after release. Working together, we can help exonerees and their familiesbuild a future. ▲

FREDRIC SAECKER.

16

Darryl Hunt Brandon Moon Donte Booker Dennis Brown Peter Rose Michael A. Williams Harold Buntin Anthony Woods Thomas Doswell Luis Diaz George Rodriguez1985 to 2004 1988 to 2005 1987 to 2005 1985 to 2005 1996 to 2005 1981 to 2005 1986 to 2005 1984 to 2005 1986 to 2005 1980 to 2005 1987 to 2005

IN THEIROWN WORDSAs reporters at The Columbus Dispatch, Mike Wagner and Geoff Dutton didn’t justcover DNA exonerations, they also helped exonerate people. Through a joint projectwith the Ohio Innocence Project, Wagner and Dutton’s work led to the exonerations ofthree men who had spent a combined 70 years in prison for crimes they didn’t commit.For their work on “Test of Convictions,” a series of articles about DNA access forprisoners with claims of innocence, they received the Innocence Network JournalismAward in April. (The Innocence Project is a founding member of the InnocenceNetwork, a consortium of groups dedicated to exonerating the innocent and improvingthe criminal justice system.) The Innocence Project In Print recently spoke withWagner and Dutton to discuss their work and its impact on the Ohio criminal justicesystem. (To read “Test of Convictions,” see www.dispatch.com/dna)

The Innocence Project In Print: You identified over 300 cases in which Ohioprisoners had requested post-conviction DNA evidence, and very few of those requestshad been granted. Focusing on 30 of those cases, you helped the prisoners continuetheir pursuit of DNA testing. How did you get involved in covering this issue?

Mike Wagner: Every paper in the state was writing run-of-the-mill stories saying thatthe post-conviction DNA access law was flawed, but the stories never said why.

Geoff Dutton: Once we gathered all the legal materials for the 312 cases together it was pretty striking what we found. In many cases, the judge never did issue a ruling,or the prosecutor never responded. The DNA request fell into a black hole and neverreappeared again. We knew anecdotally that 12 to 14 people had been granted DNAtesting. What we didn’t realize is that half of those people never got the testing anyway.After we got the full picture, we devised a strategy for the stories and approaches forhow to explain it.

IP: You were interviewing prisoners who had been fighting for years to prove theirinnocence and talking to the families of the wrongfully convicted as well as some of the crime victims and their families. Were there difficult moments?

MW: I personally told several inmates that their evidence had been thrown away; youcan imagine the reaction. There was an inmate named Ceasar Vines, who was a realcandidate for DNA testing. So we dug through his file and we found paperwork saying

MIKE WAGNER (LEFT) AND GEOFF DUTTON IN THEIR OFFICESAT THE COLUMBUS DISPATCH.

17IN THEIR OWN WORDS

Robert Clark Phillip L. Thurman Willie Davidson Clarence Elkins John Kogut Entre N. Karage Keith E. Turner Dennis Halstead John Restivo Alan Crotzer Arthur Mumphrey1982 to 2005 1985 to 2005 1981 to 2005 1999 to 2005 1986 to 2005 1997 to 2005 1983 to 2005 1987 to 2005 1987 to 2005 1981 to 2006 1986 to 2006

that his evidence had been destroyed. When I told Ceasar, he slammed his hands downon the table and said, “This is my last chance! This is my life!” That day, in that prison,his despair set in.

GD: I was surprised that, with the victims we spoke to at least, they were open andsupportive to the idea of DNA testing. Usually they didn’t doubt the conviction, theyjust felt that the testing would show what they knew already.

IP: In April, Ohio passed a massive criminal justice reform bill that will bringimportant improvements to several aspects of the state’s criminal justice system. What are some positive outcomes that you anticipate with the new reforms?

MW: Our legislators and the Governor were incredibly open-minded and supportive of the bill, and they recognized its importance. The new DNA access statute and the evidence preservation statute will help make DNA testing more available. Policelineup procedures have been improved. As we all know, the leading cause of wrongfulconvictions is eyewitness misidentification. So law enforcement deserves a lot of creditfor accepting the bill. It was a big leap forward.

IP: Are there other reforms that you would like to see in Ohio or nationally?

MW: Exoneree compensation. Robert McClendon waited nearly two years after hisexoneration to get compensation from the state. Ray Towler, exonerated in May, iscurrently sleeping on an air mattress in the computer room at his brother’s house. And it’s a small house as it is. It could take years for Ray to get his money, and whatdoes he do in the meantime?

IP: Has your work covering wrongful convictions ended, or how do you plan tocontinue?

MW: We started working on this project in January 2007 and it could go to 2012, sothat’s five years worth of work invested. When you’re a projects reporter eventuallyyou’re forced to cut ties to that project and move on to the next thing. This can’t belike that. I don’t want to move on. I know there are other inmates we’ve talked to whopotentially are innocent. But it’s not just about getting innocent people out, it’s alsoabout making sure that the system is fair.

IP: You both recently attended the Innocence Network Conference in Atlanta toreceive the first-ever Innocence Network Journalism Award. What was that experiencelike?

GD: It was a great feeling, but also a funny feeling to receive the award. Althoughwe’re proud of our work, here we were in a room full of people who had devoted theirentire careers and many years of their lives. So it was little funny to be recognized forthe little bit that we did.

MW: It was an honor to play a small role in helping to give someone their life back,and maybe just as importantly to help prevent more people from having their livestaken. ▲

18

Drew Whitley Douglas Warney Orlando Boquete Willie Jackson Larry Peterson Alan Newton James Tillman Johnny Briscoe Scott Fappiano Allen Coco James Ochoa1989 to 2006 1997 to 2006 1983 to 2006 1989 to 2006 1989 to 2006 1985 to 2006 1989 to 2006 1983 to 2006 1985 to 2006 1997 to 2006 2005 to 2006

ABOVE: RAYMOND TOWLER HOLDING UP THE CLEVELANDCAVALIERS JERSEY HIS OHIO INNOCENCE PROJECT ATTORNEYS

GAVE HIM TO CELEBRATE HIS EXONERATION, MAY 5, 2010.

OPPOSITE PAGE, TOP TO BOTTOM: FREDDIE PEACOCK, TED BRADFORD, ANTHONY CARAVELLA AND FRANK STERLING.

EXONERATIONNATIONSince January 2010, five more innocent people have been exoneratedthrough DNA testing. The Innocence Project congratulates theseinspiring individuals, as well as our colleagues who fought to help prove their innocence.

FREDDIE PEACOCK was wrongfully convicted of raping his Rochester, New York,neighbor in 1976. Two hours after the attack, he was arrested and interrogated. Duringthe interrogation, Peacock explained that he had a history of mental illness and hadbeen hospitalized several times. Police claimed that he confessed, although he couldnot tell officers where, when or how his neighbor had been raped. He spent over fiveyears in prison before being paroled. He requested to remain on parole for fear that hewould never be able to clear his name if he was released from state supervision. For 28

19EXONERATION NATION

years, he fought to prove his innocence even though he was no longer incarcerated. OnFebruary 4, 2010, with the help of the Innocence Project, Peacock became the 250thperson exonerated through DNA testing.

TED BRADFORD was wrongfully convicted of the rape of a Yakima, Washington,woman in 1995. The assailant broke into the woman’s home, handcuffed her in thebasement and put a Lone Ranger-style mask over her face. The perpetrator covered the eyeholes of the mask with adhesive tape to prevent the victim from being able toidentify him. The Innocence Project Northwest helped Bradford prove his innocencethrough post-conviction DNA testing of the adhesive tape, but prosecutors insisted onretrying him. With overwhelming evidence pointing to another perpetrator, Bradfordwas acquitted by a jury on February 11, 2010.

Fifteen-year-old ANTHONY CARAVELLA confessed to the rape and murder of aMiramar, Florida, woman after a lengthy and coercive interrogation. He was sentencedto life in prison. Caravella’s brothers and sisters followed their mother’s dying wish and fought to prove Caravella’s innocence. An initial DNA test was inconclusive, but asecond test excluded Caravella. On March 25, 2010, Caravella was exonerated after 26years in prison at the age of 41. Caravella was reunited with his siblings who had alwaysbelieved in his innocence.

FRANK STERLING had just finished a 36-hour trucking shift when police approachedhim for questioning about the murder of an elderly woman in Rochester, New York.Police suspected Sterling because his brother was incarcerated for attempting tosexually assault the victim. After a 12-hour interrogation that included hypnosis,Sterling confessed. He recanted almost immediately but was convicted in 1992. Post-conviction DNA testing linked Mark Christie to the crime. Christie, one of the originalsuspects, is currently incarcerated for murdering a 4-year-old in 1994. Sterling wasexonerated, with the help of the Innocence Project, on April 28, 2010, after nearly 18years in prison.

In 1981, an armed gunman raped an 11-year-old girl in a Cleveland park and forcedher cousin to watch. A few weeks later, RAYMOND TOWLER was stopped for a trafficviolation by a park ranger who believed that Towler resembled a drawing of the rapesuspect and subsequently arrested him. Police said the victim and witnesses identifiedTowler from a photo array. He was found guilty and convicted of rape, assault andkidnapping. Towler, 24 years old at the time, was sentenced to life in prison. Towlerpetitioned for post-conviction DNA testing in 2004, and years later it was finally grantedwith the help of the Ohio Innocence Project. Towler was proven innocent andexonerated on May 5, 2010, after 29 years in prison. ▲

3,240YEARS OF WRONGFUL INCARCERATION ENDURED BYALL 254 EXONEREES

Jeffrey Deskovic Marlon Pendleton Billy J. Smith Billy W. Miller Eugene Henton Gregory Wallis Larry Fuller Travis Hayes Willie O. Williams Roy Brown Cody Davis1990 to 2006 1996 to 2006 1987 to 2006 1984 to 2006 1984 to 2006 1989 to 2007 1981 to 2007 1998 to 2007 1985 to 2007 1992 to 2007 2006 to 2007

20

IP NEWSEYEWITNESS IDENTIFICATION PROCEDURES ARE SUBJECT OF BROWN UNIVERSITY SUMMITBrown University’s Taubman Center for Public Policy recently sponsored an EyewitnessIdentification Summit to examine the current state of eyewitness identificationprocedures from a variety of perspectives. Innocence Project Policy Director StephenSaloom addressed the common factors that lead to misidentifications and the policiesthat can be implemented to improve the accuracy of the identification process.Massachusetts exoneree Dennis Maher spoke about his experience of beingmisidentified by three different witnesses, wrongfully convicted of rape, and finallyexonerated through DNA testing after serving 19 years in prison. The event wasconceived and organized by Innocence Project supporter Reade Seligmann, who washimself a victim of faulty lineup procedures and wrongfully accused in the “DukeLacrosse” case of 2006. Other panelists at the summit included Jennifer Dysart, Professorof Psychology at John Jay College of Criminal Justice; George Kelley, Pawtucket Chief of Police; and Gerald Coyne, Deputy Attorney General of Rhode Island.

MOMENTUM BUILDS NATIONWIDE TO IMPROVE FORENSIC ANALYSIS IN FIRE INVESTIGATION CASES Innocence Project Policy Director Stephen Saloom joined leaders in arson science for a gathering at a Georgetown University Law Forum in Washington, DC, in March todiscuss standards for determining when a fire has been intentionally set. For decades,unreliable techniques were used widely, contributing to an unknown number ofwrongful convictions. The issue has become prominent, in part, because of growingconcerns about the case of Cameron Todd Willingham in Texas. Willingham wasexecuted in 2004 for allegedly setting a fire that killed his three children.

The Innocence Project requested a formal investigation of the Willingham case throughthe Texas Forensic Science Commission in 2006. The Commission’s expert report was set to be the subject of the commission’s meeting in October until Governor Rick Perryabruptly replaced several members of the commission, including the chair. At thecommission’s April 2010 meeting, the case was finally discussed; however it has beenreassigned to a four-member subcommittee, created so that discussions of the case couldbe kept private behind closed doors. The Innocence Project is working to bring moretransparency to the process. In the meantime, other states are taking action to improve thestandards of arson science. Oklahoma, Arizona and Nebraska have introduced resolutionsthat make it clear that fire investigators should rely on scientifically sound practices.

INNOCENCE PROJECT SUPPORTERS AND HONOREES CELEBRATE AT FOURTH ANNUAL BENEFITThe Innocence Project 2010 Benefit, “A Celebration of Freedom & Justice,” recognizedseveral honorees whose outstanding contributions have made a special impact on the

James Waller Andrew Gossett Antonio Beaver Anthony Capozzi Jerry Miller Curtis McCarty James C. Giles Byron Halsey Dwayne A. Dail Larry Bostic Marcus Lyons1983 to 2007 2000 to 2007 1997 to 2007 1987 to 2007 1982 to 2007 1986, 1989 to 2007 1983 to 2007 1988 to 2007 1989 to 2007 1989 to 2007 1988 to 2007

PRESIDENT AND CEO OF MÖET HENNESSY USA, MARC CORNELL, RECEIVES THE “FREEDOM AND JUSTICE

AWARD” FROM EXONEREE ALAN NEWTON (LEFT), ON BEHALFOF THE INNOCENCE PROJECT.

21IP NEWS

Innocence Project’s work. On May 18 at Cipriani Wall Street, the Innocence Projecthonored Mark Cornell, President and CEO of Moët Hennessy USA; the leading lawfirm of Skadden, Arps, Slate, Meagher & Flom; and David Grann and The New Yorker.Cornell helped make possible the education of exoneree Alan Newton. Newtoncompleted his degree in business administration from Medgar Evers College in June2008 just two years after his exoneration. David Grann wrote, and The New Yorkerpublished, a groundbreaking piece of investigative journalism about a wrongfulexecution in Texas. The Innocence Project also bestowed a “Freedom and JusticeAward” to Skadden for its extraordinary pro bono legal assistance. (See “Friend of the Court, Friend of the Innocent,” page 9, for more about Skadden's work with theInnocence Project.) The benefit raised over $1 million for Innocence Project programsand operations.

INNOCENCE NETWORK CONFERENCE OF 2010 HOSTS THE LARGEST GATHERING OF EXONERATED MENAND WOMEN EVERAt least 86 people who each served years in prison for crimes they didn’t commitgathered in Atlanta this April for the tenth annual Innocence Network Conference.The Innocence Network, a consortium of organizations providing pro bono legal and investigative services to prisoners with claims of innocence, has grown to over 60 organizations from all over the country and around the world. Hundreds ofpractitioners, academics, students and advocates attended the conference to reconnectand strategize about legal casework and criminal justice reform efforts. Hosted by theInnocence Project of Georgia, the gathering also sought to provide support servicesand networking opportunities to the many exonerated men and women. The 2011Innocence Network Conference will be held in Cincinnati, Ohio, April 8-10 and hosted by the Ohio Innocence Project.

OHIO ENACTS HISTORIC REFORMSOhio passed one of the nation’s most comprehensive criminal justice reform bills in April when Governor Ted Strickland signed the legislation in a public ceremony. The Innocence Project worked closely with the Ohio Innocence Project to buildlegislative support for the bill over the last two years. The law will improve policepractices in several areas, including eyewitness identification procedures, preservationof DNA evidence, recording of interrogations and more. These reforms will helpapprehend the guilty, prevent wrongful convictions and help the wrongfully convictedprove their innocence. A joint project of the Ohio Innocence Project and TheColumbus Dispatch helped expose the inadequacy of the state’s approach to addressingand preventing wrongful convictions. (See “In Their Own Words,” page 16, for aninterview with Columbus Dispatch journalists.) Nine Ohioans have been exoneratedthrough DNA testing, including most recently, Raymond Towler, who was released inMay after 29 years in prison. ▲

Chad Heins John J. White Rickey Johnson Ronald G. Taylor Kennedy Brewer Charles Chatman Nathaniel Hatchett Dean Cage Thomas McGowan Robert McClendon Michael Blair1996 to 2007 1980 to 2007 1983 to 2008 1995 to 2008 1995 to 2008 1981 to 2008 1998 to 2008 1996 to 2008 1985, 1986 to 2008 1991 to 2008 1994 to 2008

TREENA BOZELLA, WIFE OF RECENTLY EXONERATED DEWEYBOZELLA, SPEAKS AT A SESSION FOR EXONEREES AND THEIRFAMILY MEMBERS AT THE 2010 INNOCENCE NETWORKCONFERENCE.

22

INNOCENCEBY THE NUMBERSTHE FIRST 250

PERCENTAGE OF THE FIRST 250 PEOPLE EXONERATED THROUGH DNA:*

Who are African American 60%

Who are Latino 8%

Who are Caucasian 29%

Who were under the age of 18 when they were wrongfully

convicted 6%

Who were under the age of 22 when they were wrongfully

convicted 21%

Who served at least one-third of their lives in prison before they

were exonerated 47%

Average age at time of wrongful conviction 27

Average age at time of exoneration 42

Who were convicted of sexual assault 84%

Who were convicted of murder 29%

Who were convicted of both sexual assault and murder 16%

Number who pled guilty to crimes they did not commit 19

Number who served time on death row 17*Percentages are based on cases where information is available to make a determination.

Patrick Waller Steven Phillips Arthur Johnson Joseph White William Dillon Steven Barnes Ricardo Rachell James Dean Kathy Gonzalez Debra Shelden Ada J. Taylor1992 to 2008 1982, 1983 to 2008 1993 to 2008 1989 to 2008 1981 to 2008 1989 to 2009 2003 to 2009 1990 to 2009 1990 to 2009 1989 to 2009 1990 to 2009

OUR STAFF Olga Akselrod: Staff Attorney, Angela Amel: Director of Social Worker and Associate Director of Operations/ LitigationDepartment, Corinne Audet: Finance and Human Resources Associate, Elena Aviles: Documents Manager, RebeccaBrown: Policy Advocate, Loretta Carty: Legal Assistant, Sarah Chu: Forensic Policy Associate, Kayan Clarke: Paralegal,Scott Clugstone: Director of Finance and Administration, Craig Cooley: Staff Attorney, Valencia Craig: CaseManagement Database Administrator, Jamie Cunningham: Policy Associate, Huy Dao: Case Director, Maddy deLone:Executive Director, Anamarie Diaz: Case Assistant, Ezekiel R. Edwards: Staff Attorney/Mayer Brown Eyewitness Fellow,Eric Ferrero: Director of Communications, Nicholas Goodness: Case Coordinator, Edwin Grimsley: Case Coordinator,Caitlin Hanvey: Development Assistant, Nicole Harris: Policy Analyst, Barbara Hertel: Finance Associate, WilliamIngram: Case Assistant, Jane Jankie: Paralegal, Jeffrey Johnson: Office Manager, Matthew Kelley: OnlineCommunications Manager, Jason Kreag: Staff Attorney, Christopher Lau: Paralegal, Audrey Levitin: Director ofDevelopment, David Loftis: Managing Attorney, Laura Ma: Assistant Director, Donor Services, Alba Morales: StaffAttorney, Nina Morrison: Senior Staff Attorney, Peter Neufeld: Co-Director, Charlene Piper: Special Assistant to theExecutive Director, Vanessa Potkin: Senior Staff Attorney, Kristin Pulkkinen: Assistant Director, Individual Giving,Anthony Richardson: Policy Assistant and Database Administrator, Richard Salatiello: Director of Institutional Giving,Stephen Saloom: Policy Director, Alana Salzberg: Communications Associate, Barry Scheck: Co-Director, ChesterSoria: Communications Assistant, Maggie Taylor: Senior Case Coordinator, Elizabeth Vaca: Assistant to the Directors,Marc Vega: Case Assistant, Elizabeth Webster: Publications Manager, Elizabeth Weill-Greenberg: Case Coordinator,Emily West: Research Director, Karen Wolff: Social Worker

The Innocence Project was founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the

Benjamin N. Cardozo School of Law at Yeshiva University to assist prisoners who could be

proven innocent through DNA testing. To date, 254 people in the United States have been

exonerated by DNA testing, including 17 who served time on death row. These people

served an average of 13 years in prison before exoneration and release. The Innocence

Project’s full-time staff attorneys and Cardozo clinic students provided direct

representation or critical assistance in most of these cases. The Innocence Project’s

groundbreaking use of DNA technology to free innocent people has provided irrefutable

proof that wrongful convictions are not isolated or rare events but instead arise from

systemic defects. Now an independent nonprofit organization closely affiliated with

Cardozo School of Law at Yeshiva University, the Innocence Project’s mission is nothing

less than to free the staggering numbers of innocent people who remain incarcerated and

to bring substantive reform to the system responsible for their unjust imprisonment.

Thomas Winslow Joseph Fears Jr. Miguel Roman Victor Burnette Timothy Cole Johnnie Lindsey Chaunte Ott Lawrence McKinney Robert L. Stinson Kenneth Ireland Joseph Abbitt1990 to 2009 1984 to 2009 1990 to 2009 1979 to 2009 1986 to 2009 1983, 1985 to 2009 1996 to 2009 1978 to 2009 1985 to 2009 1988 to 2009 1995 to 2009

INNOCENCE PROJECT, INC.100 FIFTH AVENUE, 3RD FLOORNEW YORK, NEW YORK 10011

WWW.INNOCENCEPROJECT.ORG

BENJAMIN N. CARDOZO SCHOOL OF LAW,YESHIVA UNIVERSITY

Donate online at www.innocenceproject.org

James L. Woodard Jerry L. Evans Michael Marshall James Bain Donald E. Gates Freddie Peacock Ted Bradford Anthony Caravella Frank Sterling Raymond Towler1981 to 2009 1987 to 2009 2008 to 2009 1974 to 2009 1982 to 2009 1976 to 2010 1996 to 2010 1986 to 2010 1992 to 2010 1981 to 2010