innocence project in print - winter 2009

8/14/2019 Innocence Project in Print - Winter 2009

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THE INNOCENCE PROJECT IN PRIN

Thomas McGowan 6/11/08

Michael Blair 8/25/08

Robert McClendon 8/26/08

Patrick Waller 9/24/08

Steven Phillips 10/01/08

Arthur Johnson 10/01/08

Joseph White 11/10/08

William Dillon 12/10/08

Steven Barnes 1/09/09

Ricardo Rachell 1/14/09

James Dean 1/26/09

Kathy Gonzalez 1/26/09Debra 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 7/26/09

Kenneth Ireland 8/19/09

Joseph Abbitt 9/02/09

James Woodard 9/30/09

VOLUME 5 ISSUE 2 WINBENJAMIN N. CARDOZO SCHOOL OF LAW, YESHIVA UNIVERSITY


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BOARD OF DIRECTORSGordon DuGanPresident and Chief ExecutiveOfficer, W.P. Carey & Co., LLC

Senator Rodney EllisTexas State Senate, District 13Board Chair

Jason FlomPresident, LAVA Records

John GrishamAuthor

Calvin JohnsonFormer Innocence Project clientand exoneree;Supervisor, Metropolitan AtlantaRapid Transit Authority

Dr. Eric S. LanderDirector, Broad Institute ofMIT and Harvard Professor ofBiology, MIT

Hon. Janet RenoFormer U.S. Attorney General

Matthew Rothman

Managing Director and GlobalHead of Quantitative EquityStrategies, Barclays Capital

Stephen SchulteFounding Partner andOf Counsel, Schulte Roth &Zabel LLPBoard Vice Chair

Bonnie SteingartPartner, Fried, Frank, Harris,Shriver & Jacobson LLP

Andrew H. TananbaumPresident and CEO, CapitalBusiness Credit LLC

Jack TaylorHead of High Yield Debt,

Managing Director, PrudentialReal EstateBoard Treasurer

Paul R.VerkuilOf Counsel, Boies, Schiller &Flexner LLP

Rachel WarrenM.K. Enterprises, Inc.

FEATURES

FORENSICS FORWARD: HOW FORENSIC SCIENCE REFORM

IS GAINING MOMENTUM NATIONWIDE ...................................... 4

SEARCHING FOR EVIDENCE AND ANSWERS ......................................... 9

IDENTIFYING INNOCENCE: VICTIMS AND

EXONEREES COLLABORATE TO COMBAT

EYEWITNESS MISIDENTIFICATIONS............................................. 12

IN THEIR OWN WORDS:

Q & A WITH GERALD HURST, FIRE EXPERT .............................. 16

DEPARTMENTS

LETTER FROM THE EXECUTIVE DIRECTOR .............................................. 3

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

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

INNOCENCE BY THE NUMBERS:

COMPENSATION............................................................................. 22

IN THIS ISSUE

12

20

PHOTO CREDITS: COVER, Houston Chronicle; PAGE 3, Douglas Gorenstein; PAGE 4, Alex Sanz/KHOU-TV; PAGE 6,THIRD FROM TOP, KHOU

8, Chicago Tribunephoto by Alex Garcia; PAGE 12, AP Photo/Chuck Burton; PAGE 13, Michael Stravato; PAGE 14, Reprint co

theFort Worth Star-Telegram; PAGE 16, Chicago Tribunephoto by Alex Garcia; PAGE 18, 2009 Winston-Salem Journalphoto

Conrad; PAGE 19 MIDDLE, AP Photo/Jessica Hill; PAGE 20, Wisconsin State Journal/Kyle McDaniel; PAGE 21, James Estrin/The

Times/Redux

ON THE COVER: ERNEST SONNIER, PROVEN INNOCENT THROUGH DNA TESTING AFTER OVER 23 YEARS OF WRONGFUL

IMPRISONMENT, HUGS HIS FAMILY MEMBERS ON THE DAY OF HIS RELEASE, AUGUST 7, 2009.

THE NAMES THAT FOLLOW BELOW ARE THOSE OF THE 245 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 W1979 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 19


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FROM THE EXECUTIVE DIRECTOR

BUILDING BRIDGES TO SECURE RESULTS

Kirk Bloodsworth Dwayne Scruggs Mark D. Bravo Dale Brison Gilbert Alejandro Frederick Daye Edward Honaker Brian Piszczek Ronnie Bullock David Shephard Terry Ch1985 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

Too often, people assume the Innocence Project is at odds with prosecutors, police,

crime victims, forensic scientists and others. In fact, the opposite is true, as youll learn

more about in this issue of The Innocence Project in Print.To be sure, there are times that we are in direct opposition to law enforcement and

others. Sometimes we have to disagree. By its very nature, our litigation and policy

reform work challenges the status quo and forces people to confront our justice

systems shortcomings. Despite the sometimes-adversarial nature of our work, we are

finding common ground with a diverse range of allies throughout the criminal justice

system to address and prevent wrongful convictions.

Victims of crime and their families are a powerful voice in litigation and broader public

policy debates. Everyone feels sympathy for crime victims particularly those involved in

the types of cases the Innocence Project handles, which are often sex crimes. Victims of

crime want and deserve justice, and they dont get it when the wrong person is convicted.Improving eyewitness identification procedures is one of many areas where we agree

with national and local victims organizations because victims of crime are not served by

identification procedures that can lead them to an incorrect identification. Beginning

on page 12, you can learn more about how crime victims and their families are working

with the Innocence Project to improve eyewitness identification procedures nationwide.

At the same time, more law enforcement agencies are embracing eyewitness

identification procedures that increase the likelihood of selecting the true perpetrator

and decrease the likelihood of identifying the innocent. Police and prosecutors want

and need reliable evidence. All of the evidence they rely on from eyewitness

identification to confessions is more solid and accurate if it is collected properly.Forensic scientists, meanwhile, are doing their best to perform high-quality forensic

analyses but are often overburdened and under-resourced. As we press for better

research and national standards in the field, were working hand-in-hand with a

growing number of forensic professionals who want and need the tools to provide top-

notch work. You can learn more about our forensic reform work and how it will help

forensic scientists, law enforcement and innocent suspects starting on page 4.

The Innocence Project has always been squarely focused on exonerating innocent

prisoners and preventing future wrongful convictions. Working with people from

different perspectives isnt tangential to our mission and isnt an extension of our

mission its how we accomplish our mission.

Maddy deLone

Executive Director


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4

FORENSIC SCIENCE REFORM IS GAINING MOMENTUMNATIONWIDEForensic science missteps contributed to Ernest Sonniers wrongfulconviction. Twenty-three years later, his release comes during a peri

of national reinvestigation into the use of forensic science in ourcourtrooms. The Innocence Project is capitalizing on the moment wa strategy for affecting real change.

On Christmas Eve 1985, Ernest Sonnier paid a visit to his family members. He stop

by his mothers house, his grandmothers house and an uncles house before head

Ronald Cotton Rolando Cruz Alejandro Hernandez William O. Harris Dewey Davis Gerald Davis Walter D. Smith Vincent Moto Steven Toney Richard Johnson Th1985, 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 19

ERNEST SONNIER, FLANKED BY FAMILY MEMBERS, SPEAKS TO

REPORTERS AT A PRESS CONFERENCE IN AUGUST ABOUT HIS

YEARS OF WRONGFUL IMPRISONMENT.

FORENSICSFORWARD


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FORENSICS FORWARD

home. It would be the last Christmas he would share with his family for a quarter of a

century. That same night, a Houston woman was kidnapped from a service station by

two men who threatened to kill her. They took turns raping the woman for seven hours

as they drove to San Antonio. Around 4 a.m. on Christmas morning they finally stopped

the car and she escaped.

Sonnier became a suspect based on the victims identification of him from a photo

lineup, but the perpetrator she described was 6 feet tall, and Sonnier was only 52".

The prosecution paired her uncertain identification with the testimony of a forensic

analyst from the Houston Police Department (HPD) crime lab. Since DNA testing was

not available at the time, the analyst performed blood type testing on several pieces

of evidence, including the rape kit and the victims clothing. At trial, he testified that

Sonniers blood type didnt show up in the rape kit, but he didnt mention that

Sonnier was also excluded as the contributor of seminal fluids found on the clothing.

The prosecution suggested that Sonnier could still be guilty if the victims blood type

had overwhelmed and concealed the perpetrators in a mixed sample. The analyst

agreed, although the absence of Sonniers blood type on the victims clothing would

seem to contradict that conclusion. The analysts own lab report did not supporthis testimony.

The defense called no witnesses, and the jury found him guilty. His family was

devastated. Sonniers mother, Altha Davis says, Going to bed knowing your child is

in prison, it isnt easy. I would pray all the time that hed be OK and that the truth

would come out.

Meanwhile, Sonnier met other innocent people in prison. He served time on the

same unit that housed Ronald Taylor, Kevin Byrd and Charles Chatman. All three

would eventually be proven innocent through DNA testing. All together, DNA testing

has exonerated 39 Texans since 1994. Sonnier often wondered when his day would

come. And then in 2004, he received a response from a letter he had written to the

Innocence Project his case was being reviewed. He says, I knew then that I was

going to be a free man.

After two years of thorough evaluation, Sonniers case was accepted, and five Cardozo

law clinic students at the Innocence Project worked on it under the supervision of

several attorneys for three years. Multiple rounds of DNA testing on the rape kit, the

victims clothing and evidence in her car all proved that Sonnier could not have been

the perpetrator. Instead, two distinct DNA profiles were detected and run through a

DNA database of convicted felons. The database identified two felons who are known

associates of each other, one of whom is currently awaiting trial for an additional rape.

Ultimately, Sonnier spent half of his life behind bars. He was 23 at the time of his

wrongful conviction and 46 when he was released. Thats something that you cant

forget, he says. I didnt have any kids, I didnt have any opportunities, I didnt get

married. They took it all away for no reason because I was black. They just wanted

to close the books, and they used me.

Kevin Green Verneal Jimerson Kenneth Adams Willie Rainge Dennis Williams Frederic Saecker Victor Ortiz Troy Webb Timothy Durham Anthony Hicks Keith 1980 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

THEY TOOK IT ALL AWAY

FOR NO REASON BECAUSE

I WAS BLACK. THEY JUST

WANTED TO CLOSE THE BOO

AND THEY USED ME.

Ernest Sonnier


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6 THE INNOCENCE PROJECT IN PRINT

SYMPTOM OF A LARGER PROBLEMThe HPD crime lab has a troubled history, which has contributed to at least five

wrongful convictions overturned through DNA testing, including the conviction o

Ernest Sonnier. Partly in response to these cases, an independent investigation of

HPD crime laboratory began in 2005 and completed two years later. The final repcalled for officials to retest evidence in a substantial number of cases.

Problems at the Houston lab are not isolated; improper and unvalidated forensic

science have contributed to approximately half of the 245 wrongful convictions

Marvin Mitchell Chester Bauer Donald Reynolds Billy Wardell Ben Salazar Kevin Byrd Robert Miller Perry Mitchell Ronnie Mahan Dale Mahan Da1990 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 19

THE SITUATION IN HOUSTON

IS MERELY A SYMPTOM OF

THE LARGER PROBLEM

A LACK OF NATIONAL

STANDARDS AND OVERSIGHT

FOR FORENSIC SCIENCE.

HOUSTON DNA EXONERATIONSIn addition to Ernest Sonnier, these four other Harris County men have also been proven innocethrough DNA testing after faulty forensics at the Houston Police Department (HPD) crime lcontributed to their wrongful convictions.

RONALD TAYLOR:EXONERATED IN 2008 AFTER 12 YEARSOver a decade after a serologist at the HPD crime lab testified that no biological materexisted on the victims bed sheet or any of the other items of evidence, post-conviction Dtesting conducted on the bed sheet revealed the presence of semen and proved Tayloinnocence.

GEORGE RODRIGUEZ:EXONERATED IN 2005 AFTER 17 YEARSAccording to an HPD crime lab employee, Rodriguez hair was microscopically similar tohair found on the victims clothing. Additionally, flawed blood type testing excluded anot

potential suspect. Post-conviction DNA testing showed that the hair did not match Rodriguand that the other potential suspect could not actually be excluded as the perpetrator.

JOSIAH SUTTON:EXONERATED IN 2004 AFTER 4.5 YEARSAn HPD crime lab employee erroneously testified that DNA evidence found at the criscene was an exact match to Sutton. Post-conviction DNA testing later proved that ttestimony was wrong; Sutton could not have been the perpetrator.

KEVIN BYRD:EXONERATED IN 1997 AFTER 12 YEARS

An HPD crime lab analyst incorrectly determined that blood type testing implicated Bywithin 1520% of the population, when in fact, the results were inconclusive and no ocould be excluded. Post-conviction DNA testing proved Byrds innocence.


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FORENSICS FORWARD

Habib W. Abdal Anthony Gray John Willis Ron Williamson Dennis Fritz Calvin Johnson James Richardson Ronald Jones Clyde Charles McKinley Cromedy Larry H1983 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

CAMERON TODD WILLINGHAM ON THE DAY HE WAS EX

FEBRUARY 17, 2004.

overturned with DNA testing. The situation in Houston is merely a symptom of the

larger problem a lack of national standards and oversight for forensic science.

Earlier this year, the National Academy of Sciences (NAS) released an unprecedented

report finding fundamental problems throughout the forensic science system and

presenting 13 key recommendations for reform. Central to these recommendations is

the proposal to create a federal forensic science agency to conduct research, scrutinize

forensic disciplines, set standards and oversee the field. Such an entity must be

independent and science-based to enhance the criminal justice system. Leaders from

many aspects of the system have publicly supported this cause by joining the Just Science

Coalition, an emerging and diverse group of law enforcement professionals, scientists,

attorneys, crime victims and academics spearheaded by the Innocence Project.

Forensic science reform has always been a top priority for the Innocence Project.

Wrongful convictions cases illustrate whats at stake in maintaining the status

quo. With the release of the NAS report, the Innocence Project has focused these

efforts on building consensus around the creation of a federal forensic science agency.

Innocence Project Co-Director Peter Neufeld has testified before the House JudiciarySubcommittee and, more recently, the Senate Judiciary Committee about the urgent

need for the agency.

The Innocence Project recently drafted a proposal for potential federal legislation to

create the agency, which would be called the Office of Forensic Science Improvement

and Support (OFSIS). The proposal builds on discussions with key stakeholders and

policymakers about what an efficient, independent, science-based federal agency

should look like. In the Innocence Projects proposal, the office would be established

within the Department of Commerce, which would help define the offices agenda

for research. OFSIS would also engage existing government entities to regulate the

mandatory accreditation of crime labs and certification of forensic practitioners;

support science-based education and training throughout the criminal justice system;provide periodic needs assessments of the forensic system; and oversee compliance.

THE WORST-CASE SCENARIOIn September, a groundbreaking New Yorker article investigated the case of Cameron

Todd Willingham, who was convicted and executed based on forensic testimony that

a fire that killed his three children was intentionally set. Willinghams case has quickly

come to represent the worst-case scenario of faulty forensic science. It is a stark

reminder that forensic science reform is indeed a matter of life and death.

Leading arson experts, including Craig Beyler who was hired by the Texas Forensic

Science Commission to investigate the Willingham case, have disagreed with the original

finding of arson. Beyler wrote that the fire marshal who investigated the case seems to

be wholly without any realistic understanding of fires, and that the determination of

arson lacked rational reasoning. (For more about the science in the case, see In Their

Own Words on p. 16 featuring an interview with fire expert Gerald Hurst.)


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Larry Youngblood Willie Nesmith James ODonnell Frank L. Smith Herman Atkins Neil Miller A.B. Butler Armand Villasana William Gregory Eric Sarsfield Je1985 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 19

Tragically, Beylers report may never be heard by the very commission that reques

Days before a hearing in which Beyler was scheduled to speak to commission mem

Governor Rick Perry removed the commission chairman and replaced him with a

chair whose first move was to indefinitely postpone the hearing. Perry removed th

other members of the commission as well. Although a media firestorm has ensued

response to the news, Perry has temporarily been successful at preventing the stateinvestigation to continue.

This blatantly political move belies the true intention of the Forensic Science

Commission, which was created as an independent entity in 2005 to evaluate cases

forensic negligence and misconduct. The Willingham case, submitted by the Inno

Project, was to be one of their first. These recent obstacles to the investigation illu

starkly why oversight entities like the Forensic Science Commission must be indepe

and should not be subject to such political maneuverings.

It is a valuable lesson to consider in the creation of a federal forensic science agen

In the coming weeks and months, the Innocence Project will be working to find

common ground with police, prosecutors, defense attorneys and scientists to makthe Office of Forensic Science Improvement and Support a reality. Cameron Todd

Willingham, Ernest Sonnier and many others are proof that comprehensive reform

is the only responsible option.

THE WILLINGHAM FAMILY HOME IN CORSICANA, TEXAS,

RECONSTRUCTED AFTER THE FIRE.


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Decades after a crime, biological evidence retains the power to solvecold cases and settle claims of innocence. Innocent prisoners and

victims of unsolved crimes hope that the evidence in their cases will

still be available to unlock the truth. Yet all over the country, every day,evidence is mishandled, mislabeled, contaminated and destroyed. TheInnocence Project takes on cases in which evidence is said to be lost,continuing the search and the battle for our clients freedom.

Stephen Brooks would like to be the 246th person exonerated through DNA testing.

With the cooperation of Essex County, New Jersey, he might have been the 100th

DNA exoneree, or the 50th, or even the 5th. Instead, he has languished in prison for

decades, a 52-year-old man still fighting to get access to his evidence for DNA testing.

Brooks contested his innocence from the beginning, requesting post-conviction DNA

testing as early as 1988. Brooks recently told WNBC in New York that he has not

wavered in his determination. I didnt do it, and I dont think I should have to gothrough all of the stigma and everything else thats attached to this thing for a crime

I didnt commit, he said.

Brooks, also known as Sharif Abdur-Raqeeb, was convicted of rape in 1987 based on the

identification of the victim who viewed her assailant in near total darkness. The rape kit A GLIMPSE INSIDE SEVERAL EVIDENCE WAREHOUSE FA

Roy Criner Anthony Robinson Carlos Lavernia Earl Washington Lesly Jean David S. Pope Kenneth Waters Danny Brown Jeffrey Pierce Jerry F. Townsend Calvin Wa1990 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

SEARCHINGFOR EVIDENCE AND ANSWERS


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Eduardo Velasquez Charles I. Fain Anthony M. Green John Dixon Calvin Ollins Larry Ollins Marcellius Bradford Omar Saunders Larry Mayes Richard Alexander M1988 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 19

and bedding were available at the time of his trial, but two years later, prosecutors

reported that the evidence was gone. The Innocence Project would later learn tha

they had been wrong. In fact, in 1998, some evidence samples still existed and wer

transferred from the crime lab to the East Orange Police Department, where offic

now claim they may have been destroyed in a flood in 2004.

Separately, the Innocence Project requested a search of a room-sized legacy vault

the Essex County Prosecutors Office that is known to contain evidence from the l

1980s. The prosecutors office responded that it was inaccessible because nobody

the county payroll had the combination. Prosecutors finally conceded, after pressu

from the Innocence Project, that they had opened the locked vault but provided n

documentation of their search or any record of the vaults contents.

At a New Jersey Superior Court hearing in August, the Innocence Project successf

argued that the state must conduct a more thorough search. No official documen

of the chain of custody the journey the evidence took from the time it was col

to the present has been provided. If the evidence was destroyed, there should be

record of its destruction. A New Jersey judge agreed and has ordered police to seamore thoroughly.

It isnt the first time that the Innocence Project has faced obstacles in its search for

evidence in a New Jersey case. Also recently, Innocence Project attorneys reached o

prosecutors to request clothing evidence in the case of a man convicted in the 1980

sexual assault. The prosecutors responded, saying that they couldnt access the roo

where the evidence might be located because of an asbestos leak.

Many exonerees would not be free today if officials had prematurely given up the

search. A review of cases closed by the Innocence Project from 2002 to 2006 shows

21% of the cases had to be closed because evidence had been lost or destroyed. Th

percentage would certainly be higher if not for the Innocence Projects efforts.

Most states dont have consistent methods of warehousing evidence, so critical items

turn up in a number of different facilities. Evidence has been retrieved from a storag

closet, a police department refrigerator, and between the wall and a prosecutors des

Innocence Project works with police departments, hospitals, evidence warehouse faci

and district attorneys offices when trying to locate evidence in a case.

A cotton swab taped to the inside of a deceased forensic scientists notebook prov

Marvin Andersons innocence, even after police and prosecutors reported that all

evidence had been destroyed. Mary Jane Burton, the scientist, broke with laborato

policy by retaining bits of evidence in many of the cases she analyzed; her practice

ultimately helped exonerate six men. Anderson was exonerated in 2002, followed five others, most recently Victor Burnette, who was exonerated in April.

The Innocence Project searched for evidence in the case of Scott Fappiano for tw

years without results. New York City officials had no record of where Fappianos

evidence was located or what had happened to it. Finally, Orchid Cellmark, a priv

INNOCENCE PROJECT CLIENT STEPHEN BROOKS, WHO HAS

FOUGHT TO GET ACCESS TO HIS BIOLOGICAL EVIDENCE FOR

POST-CONVICTION DNA TESTING FOR 20 YEARS.


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SEARCHING FOR EVIDENCE AND ANSWERS

Leonard McSherry Ulysses R. Charl es Bruce Godschalk Ray Krone Hector Gonzalez Ale jandro Dominguez C lark McMill an Lar ry Johnson Chr is topher Ochoa Vi ctor L . Thomas Marvin A1988 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

DNA laboratory, notified the Innocence Project that they had inherited some biological

material from another DNA laboratory where testing was performed in 1989, but the

results were inconclusive. The material included two tubes of DNA extract from

Fappianos case. It was enough to prove Fappianos innocence and exonerate him after

21 years in prison

Inevitably, no amount of searching will recover missing evidence in some cases, and the

Innocence Project is forced to give up looking. Robin Lovitt, convicted of capital murder

and robbery, was unable to secure DNA testing because a court clerk discarded the

murder weapon even though Virginia law requires evidence to be preserved. Governor

Mark Warner spared Lovitt from execution by commuting his sentence to life in prison.

New Jersey, where Brooks is imprisoned, doesnt have an evidence preservation

statute, and the few existing guidelines for how to store and save evidence are

inadequate. Requirements for the cataloging, storage and retention of evidence are

often embedded in DNA access laws, which permit prisoners with claims of innocence

to apply for DNA testing. Forty-seven states have DNA access laws, but only about half

of the states have evidence preservation statutes. Therefore, some prisoners who are

permitted by law to petition for post-conviction DNA testing will find that there is no

evidence left to test.

Among other states, the Innocence Project is focused on passing evidence preservation

legislation in New Jersey this year. When evidence is located after an arduous search

(or narrowly rescued from destruction), it has the potential to exonerate an innocent

prisoner and to renew a national commitment to preserving evidence.

A REVIEW OF CASES CLOSED

THE INNOCENCE PROJECT FR

2002 TO 2006 SHOWS THAT

21% OF THE CASES HAD TO

CLOSED BECAUSE EVIDENCE H

BEEN LOST OR DESTROYED.

SCOTT FAPPIANO ON HIS EXONERATION DAY IN 2006

INNOCENCE PROJECT SENIOR STAFF ATTORNEY NINA

MORRISON. FAPPIANOS EVIDENCE WENT MISSING UN

WAS DISCOVERED BY A PRIVATE DNA LABORATORY.


12/24

12

Eddie J. Lloyd Jimmy R. Bromgard Albert Johnson Samuel Scott Douglas Echols Bernard Webster David B. Sutherlin Arvin McGee Antron McCray Kevin Richardson Yu1985 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 19

VICTIMS AND EXONEREES COLLABORATE TO COMBATEYEWITNESS MISIDENTIFICATIONS

Years ago, they misidentified innocent men as their assailants. Now,theyre working with the Innocence Project to educate the public a

wrongful convictions and lending powerful voices to the call foreyewitness identification reform.

We thought that might be the guy, investigators told Jennifer Thompson-Cannin

moments after she selected her rapist out of a physical lineup. Its the same perso

you picked from the photos. That person was Ronald Cotton, and Thompson-Ca

IDENTIFYINGINNOCENCE

RAPE SURVIVOR JENNIFER THOMPSON-CANNINO AND

EXONEREE RONALD COTTON BECAME FRIENDS AND FELLOW

ADVOCATES FOR EYEWITNESS IDENTIFICATION REFORM AFTER

HIS EXONERATION IN 1995. SHE MISIDENTIFIED HIM AS HER

ASSAILANT IN 1984.


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IDENTIFYING INNOCENCE

Raymond Santana Korey Wise Paula Gray Richard Danziger Julius Ruffin Gene Bibbins Eddie J. Lowery Dennis Maher Michael Mercer Paul D. Kordonowy Dana H1990 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

would go on to testify at two trials about her absolute certainty that he was her

assailant even after being presented with a person at the second trial who it was

later discovered was the real perpetrator.

I carried that on my shoulders, she says. I blamed myself solely and 100% for years.

I thought Id let the police department down and the city down, and then I realized

that I was just human.

In 1995, over 11 years after Cottons wrongful conviction, Thompson-Cannino learned

that he had been proven innocent and exonerated through DNA testing. Since then,

shes become a powerful advocate for eyewitness identification reform. Her ally in

the effort? Ronald Cotton. The two have appeared in an award-winning documentary,

After Innocence and co-authored a bestselling book, Picking Cotton: Our Memoir

of Injustice and Redemption.

I dont know what I wouldve done without him, she says. He really was the person

who taught me how to live, and how to forgive myself.

But Thompson-Cannino readily admits it hasnt all been easy. Cottons exonerationforced her to relive the crime and brought back difficult memories. She waited two

years after his release before reaching out. Coming to terms with her role in the

wrongful conviction, and understanding what went wrong with the identification

procedures, took time.

In Picking Cotton, she writes: Ron was the only person who had been in both the

photo and the physical lineups, making his face more recognizable to me. And then

the police told me that I had identified the same person in the physical lineup whose

photo I had selected, so by the time I went into court, everything added up for me:

I was defiantly confident that Ronald Cotton was the one.

Today, when Thompson-Cannino speaks to lawmakers, police, prosecutors and others

about identification procedures, she stresses the importance of using methods that have

been scientifically proven to reduce the rate of misidentification. These methods are

based on 30 years of social science research, as well as the recommendations of police,

prosecutors, judges and national justice organizations, including the National Institute

of Justice and the American Bar Association.

I say to them, can you imagine going to the doctors office and the doctor says, We

need to do a triple bypass surgery on you, and were going to use the techniques we

used in 1969. We have modern technology, but were not going to use that. If we have

best practices in the medical field, wouldnt it be logical to have best practices for

identification procedures?

Although reforms to eyewitness identification procedures have been adopted

nationwide in large cities and some states (including North Carolina, Thompson-

Canninos home state), progress has been slow. Eyewitness misidentification has

contributed to the wrongful convictions of over 175 people who were later exonerated

I BLAMED MYSELF SOLELY

AND 100% FOR YEARS.

I THOUGHT ID LET THE POLI

DEPARTMENT DOWN AND

THE CITY DOWN, AND THEN

I REALIZED THAT I WAS JUST

HUMAN.

Jennifer Thompson-Cannino


14/24


Kenneth Wyniemko Michael Evans Paul Terry Lonnie Erby Steven Avery Calvin Willis Nicholas Yarris Calvin L. Scott Wiley Fountain Leo Waters Ste1994 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 19

through DNA testing. Thompson-Canninos experience of identifying the wrong

person has been shared by hundreds of witnesses in DNA exoneration cases. Yet,

many police departments still dont have any written guidelines for identification

procedures.

For years, Thompson-Canninos advocacy work has placed her squarely in the cen

of the discussion on eyewitness identification reform in this country. At the same t

she has become a central figure among victims involved in wrongful convictions ca

Ive been able to reach out and kind of form a sisterhood, she says.

Michele Mallin, of Texas, is one of those sisters. The two womens cases are incr

similar: both were college students when they were raped, both misidentified inno

men based on faulty lineup procedures, and both of the real perpetrators have sin

been found. However, Mallin has faced an additional heartache. Timothy Cole,

wrongfully convicted of rape, died in prison before he could be exonerated.

Mallin says, We [crime victims] want the person who did it to go to prison. Im ba

in counseling because of this. Its traumatic for me. From what Ive seen of Timotbrothers and his mom, I think that he would have been very loving, and I dont th

he would blame me. But I just hate that it happened this way.

The lineup procedures used in Mallins case were seriously flawed. She was shown

a photo lineup including six photos. Coles was the only color photo and it was a

Polaroid. The other five were black-and-white mug shots. Cole was also the only m

pictured facing forward; the other five were facing to the side. It was a biased lineu

suggesting clearly that Cole was the police suspect. Mallin did what any witness wo

have done in that situation and selected him.

Mallin didnt know that Cole was an asthmatic non-smoker, quite the opposite of t

chain-smoking man she had described as her rapist. She was also unaware that anoman, Jerry Wayne Johnson, was being considered as an alternate suspect by the de

Ten years after Coles conviction, when the statute of limitations had run out, Joh

wrote to authorities and confessed to the crime. Mallin wasnt notified, and neithe

Timothy Cole or his family.

Four years after Johnsons confession, Cole died in prison of an asthma attack.

Mallin didnt find out until 2008, when DNA testing secured by Coles family and

Innocence Project of Texas proved him innocent and confirmed that Johnson was

indeed the true perpetrator. Coles innocence presented Texas with the unpreced

legal situation of exonerating a deceased prisoner. At a special hearing in Februar

Texas judge heard testimony from Mallin, Coles family members and Jerry Wayne

Johnson, all in support of Coles posthumous exoneration. The Innocence Projec

joined the Innocence Project of Texas as co-counsel on the case. Cole was officiall

exonerated in April.

It was difficult, Mallin says of the hearing, But the hardest part was seeing Jerry W

Johnson. The day that Timothy was convicted, Johnson was in the same jail in anot

MICHELE MALLIN AND RUBY SESSION, MOTHER OF TIM COLE,

CRY IN EACH OTHERS ARMS AS TIM COLES BROTHERS,

CORY SESSION AND KEVIN KENNARD, LOOK ON. MALLINMISIDENTIFIED COLE AS HER ASSAILANT IN A 1985 RAPE,

AND HE SUBSEQUENTLY DIED IN PRISON.


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Anthony Powell Josiah Sutton Lafonso Rollins Ryan Matthews Wilton Dedge Arthur L. Whitfield Ba rr y Laughman Cla rence Harrison David A . Jones Bruce D . Goodman Donald W1992 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

IDENTIFYING INNOCENCE

cell and actually heard Timothy crying and didnt say anything. Johnson will be

imprisoned for life for two sexual assaults with similar characteristics to Mallins case.

In addition to fighting for Coles exoneration, Mallin has joined the Innocence Project

in its effort to secure post-conviction DNA testing for every prisoner with a legitimate

claim of innocence. In a speech at Georgetown Law Center she said, Everybody

deserves that right to a DNA testEven though hes not here anymore, Timothys

family needs to know the truth that their son and their brother and their uncle was

not a rapist.

Rape survivors like Michele Mallin and Jennifer Thompson-Cannino show extraordinary

courage in their decision to publicly come forward, but theyre not always celebrated

for it. Both Mallin and Thompson-Cannino received death threats from hostile

onlookers who naively blamed them for an innocent mans wrongful conviction.

Because of this concern, some victims have chosen to remain anonymous. The rape

survivor who misidentified Innocence Project client Thomas McGowan has recently

spoken out on the condition of anonymity. McGowan was wrongfully convicted of rape

in 1985 and spent 23 years in prison before DNA testing proved his innocence and

implicated the real perpetrator, Kenneth Woodson. A year after his exoneration in June

2008, McGowan met with the victim and the original investigator on the case, Assistant

Police Chief Mike Corley, in Richardson, Texas.

Everything was very emotional, McGowan says of the meeting. I thought to myself, here

it is all over again same detective, same woman, same scenario why couldnt it have

been like this in the first place? But we still have an opportunity to make things right.

McGowans determination to make something positive out of the experience has

become a source of inspiration for the victim. I have been humbled by Thomas

graciousness and compassion during this all, she says. Together with Mike Corley, the

two spoke on a panel before some 200 law enforcement officers at the 116th Annual

International Association of Chiefs of Police Conference in October about the

importance of improving eyewitness identification procedures.

The victim says, It was amazing how many of the officers came up to us afterwards and

said that they were so touched to hear our story and that they were going to go back to

their departments to change how they do things.

As both crime victims and victims of injustice, these three rape survivors have suffered

twice from the inadequacies of a flawed system. By becoming advocates for criminal

justice reform, they have helped spare others from sharing their experience. And by

forging newfound friendships with exonerees and exonerees families, they have found

healing and transformation. For years, Thompson-Cannino says, she envisioned Ronald

Cottons face as her rapist. Now she says, I dont have those nightmares anymore.

I dont see anybodys face.

EVEN THOUGH HES NOT

HERE ANYMORE, TIMOTHYS

FAMILY NEEDS TO KNOW THE

TRUTH THAT THEIR SON AND

THEIR BROTHER AND THEIR

UNCLE WAS NOT A RAPIST.

Michele Mallin

RAPE SURVIVOR MICHELE MALLIN IN 2009.


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16

Darryl Hunt Brandon Moon Donte Booker Dennis Brown Peter Rose Michael A. Williams Harold Buntin Anthony Woods Thomas Doswell Luis Diaz Geo1985 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 19

IN THEIROWN WORDGerald Hurst, an acclaimed scientist and fire investigator, has debunked unscienti

methods of determining arson and overturned 10 or more wrongful convictions in

the process. Ernest Willis case was one of those wrongful convictions. The same

false assumptions used to convict Willis were also used in the case of Cameron Tod

Willingham, from Corsicana, Texas, who was convicted of murdering his three chi

in a house fire. Hurst reviewed the Willingham case and submitted a report to theBoard of Pardons and Paroles and Governor Rick Perry, but the report was ignore

and Willingham was executed in 2004. Since then, eight other independent exper

have found that the fire that killed Willinghams three children was not intentiona

set, and the Innocence Project has worked to clear Willinghams name. The Innoc

Project In Print recently spoke with Hurst to get his reaction to the developments

the case and to learn more about the fallacies of traditional arson science.

Innocence Project in Print: How has your approach been different from thaa traditional fire investigator?

Gerald Hurst: Fire investigators have, until recently, had a systematized, anti-scie

attitude. Its only changed because of court actions. The federal courts require thayou deliver scientific testimony it has to meet standards of acceptability. You have t

a sound scientific or rational basis for opinions. In order to avoid this, the Internat

Association of Arson Investigators took the stance that our investigation is not a sci

it is an art, and thus, not subject to the courts rules for scientific testimony.

IP:Are outdated methods of determining arson still being used?

You still have fires being investigated by people whove never had any form of rigo

training in chemistry or physics or any other form of science. Many fire investigato

came into the field from the ranks of police, firefighters and ex-military because it

interested them, and the limited amount of training they got was mostly handed d

by people who based their knowledge on their personal experience as opposed toscientific experimentation.

IP: How did you first become involved in criminal arson cases?

GH: I was involved in research in rocket science, incendiaries and covert warfaI came in first as a legal arsonist, and I used basic fundamentals of physical chem

FIRE EXPERT GERALD HURST AT WORK IN AUSTIN, TEXAS.


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IN 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 M1982 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

to learn how fires behave. Early on, I ran a lot of experiments testing the theories

that I was reading about in the fire cases. For about 25 years, I worked on civil fire

and explosion cases, which usually involved scientists and engineers working as

experts. I was unaware of the difference in the quality of work in criminal cases until

I began studying arson cases almost exclusively about 15 years ago.

IP: How did you get involved in the Cameron Todd Willingham case?

GH:Willingham was about to be executed within a period of weeks and Walter Reaves,his attorney, asked if I would look at the case. He gave me a timeframe such that if I got

a report to him in time, he could get it to the Parole Board and to the Governors desk.

So I began writing drafts based on trial testimony. We were asking for a 30-day stay, long

enough for the state to get another expert to verify my work.

IP:What were your findings after reviewing the case?

GH: The Willingham case is a common case. They came up with 20 supposedindicators of arson. By "indicators" they threw in irrelevant factors like the way he

behaved after the fire. They said Willingham was a devil worshipper and that he beathis wife, and that everything is interrelated. But in terms of arson evidence zero.

IP: Because Willingham listened to heavy metal music, the prosecutor believed he wasa devil worshipper. Although the prosecutor now concedes that the fire analysis was

flawed, he continues to believe that Willingham was guilty and he even alleges that the

fire was set in a pentagram pattern. Can you respond to that allegation?

GH: If you look at the patterns of the burns, youre not seeing a pentagram. Whatyoure seeing is ventilation rushing in a door and five windows. Its the air coming in

that determines the shape of a burn pattern, not the shape in which an accelerant was

poured.

IP: How does arson science compare to the other forensic sciences? Are theselimitations of forensic science particular to arson cases?

GH: There is no field of forensics where they get it so wrong, so often as they doin arson cases. Theres too much incentive to find arson. What we have is a field of

forensics thats heavily influenced by money and prestige: prestige from putting a

bad guy away and money from the insurance companies.

IP: How have you reconciled what happened in this case? Do you believe that Texasexecuted an innocent man?

GH: Theres absolutely no evidence of arson. When I heard that hed been executed,I started to raise hell and I called the Chicago Tribune. I thought we could make anexample out of these two cases. Willis and Willingham: one is exonerated and the

other is executed on the same physical evidence. I thought, maybe well get some cage

rattling here. Nothing will bring Willingham back, but I think it would do his family

some good if hes officially exonerated and also if we can make sure that this doesnt

happen to anybody else.

THERE IS NO FIELD OF

FORENSICS WHERE THEY GET

IT SO WRONG SO OFTEN.

ARSON SCIENCE IS HEAVILY

INFLUENCED BY MONEY AND

PRESTIGE: PRESTIGE FROM

PUTTING A BAD GUY AWAY

AND MONEY FROM THE

INSURANCE COMPANIES.

Gerald Hurst


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18

Drew Whitley Douglas Warney Orlando Boquete Willie Jackson Larry Peterson Alan Newton James Tillman Johnny Briscoe Scott Fappiano Allen Coco Ja1989 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 20

JOSEPH ABBITT OUTSIDE OF FORSYTH

COUNTY JAIL IN NORTH CAROLINA AFTER WALKING OUT A

FREE MAN ON SEPTEMBER 2.

EXONERATION

NATIONSince the Summer 2009 issue, five more innocent people have beenexonerated with DNA testing. The Innocence Project congratulatesthese inspiring individuals, as well as our colleagues who fought to prove their innocence.

When a 62-year-old woman was murdered, police officers conducted interviews wi

her Milwaukee neighbors. One of them, ROBERT LEE STINSON, was arrested b

on the placement of a missing tooth that officers believed bore a resemblance to t

dentition of a bite mark on the victims body. Two forensic dentists helped secure

wrongful conviction by testifying that the bite patterns were identical to Stinsonteeth, and that there was no margin of error for this. Stinson was sentenced to li

prison for the murder of his 62-year-old neighbor. In 2005, the Wisconsin Innocen

Project assisted Stinson in securing DNA testing of saliva on the victims clothing,

proved Stinsons innocence. He was released in January 2009 after spending 23 ye

prison, and he was fully exonerated on July 27, 2009.


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EXONERATION NATION

KENNETH IRELANDwas only 20 years old when he was wrongfully convicted of

sexual assault and murder. The victim, a mother of four, had been beaten to death at

the plastics molding company where she worked in Wallingford, Connecticut. Ireland

became a suspect when two men gave a statement to police implicating him and two

others. Ireland was the only person charged. He denied the witnesses claims, and

preliminary DNA testing was inconclusive. However, Ireland was convicted andsentenced to 50 years in prison. With the help of the Connecticut Innocence Project,

DNA testing finally proved Irelands innocence after 21 years in prison. The real

perpetrator has not been found. Ireland was exonerated August 19, 2009.

Two teenaged sisters were raped at knifepoint in their Winston-Salem, North Carolina,

home while getting ready for school. The victims identified their attacker from a photo

lineup asJOSEPH ABBITT, a former neighbor and occasional visitor to their home.

Abbitt offered compelling alibi evidence that he was at work when the crime occurred,

and preliminary DNA test results did not match him. Nevertheless, Abbitt was convicted

in 1995 of rape, kidnapping and burglary. He was sentenced to two consecutive life

sentences plus an additional 110 years. In 2005, Abbitt applied to the North Carolina

Center on Actual Innocence to assist with his claim. Most of the biological and physicalevidence had already been destroyed, but testing on a rape kit excluded Abbitt as the

perpetrator, and he was exonerated on September 2, 2009. He had been wrongfully

imprisoned for 14 years.

A year afterJAMES LEE WOODARDs girlfriend was found raped and strangled to

death, Woodard was convicted and sentenced to life in prison for her murder. During

the trial, prosecutors withheld key evidence from the defense. For example, the jury

never learned that the victim was seen with three other men on the night of her death.

(Two of these men were later convicted of sexual assault crimes.) Woodards conviction

also centered on eyewitness misidentification by his girlfriends stepfather who has

since denied that Woodard was the man who visited the victims apartment and asked

for her the night she died. The Innocence Project of Texas secured DNA testing, which

confirmed that Woodard was not the assailant. Woodard was released on April 29, 2008,

and officially pardoned on September 30, 2009. Woodard spent over 27 years in prison

for a crime he did not commit.

LAWRENCE MCKINNEYand a co-defendant were convicted of rape and burglary

in Tennessee in 1978. Despite limited lighting during the assault, the victim identified

McKinney, who she recognized as a neighbor. He was sentenced to 99 years in prison.

A rape kit was collected, but DNA technology was not available at that time to test the

biological evidence. In 2008, DNA testing excluded McKinney as one of the

perpetrators involved. He had spent 31 years in prison.

3,098YEARS OF WRONGFUL INCARCERATION ENDURED BYALL 245 EXONEREESJeffrey Deskovic Marlon Pendleton Billy J. Smith Billy W. Miller Eugene Henton Gregory Wallis Larry Fuller Travis Hayes Willie O. Williams Roy Brown Cody1990 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

TOP TO BOTTOM: ROBERT LEE STINSON, KENNETH IRE

JAMES LEE WOODARD.


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20

IP NEWSWISCONSIN MAN CLEARED AFTER THREE DECADES

A Wisconsin Circuit Court Judge recently dismissed charges against Ralph Armstr

who was wrongfully convicted in 1981 of the rape and murder of Charise Kamps. T

Innocence Project has continued to work on the Armstrong case with local attorn

Jerome Buting and Keith Belzer for over 15 years. Evidence of prosecutorial

misconduct led to Armstrongs release in August.

Assistant District Attorney John Norsetter received a phone call in 1995 from a wom

reporting that Armstrongs brother, Stephen, said he committed the crime. Althou

Armstrongs case was on appeal when Norsetter learned of the confession, he neve

defense attorneys about the call and never pursued the lead. Stephen Armstrong hsince died. In 2005, the Wisconsin Supreme Court granted Armstrong a new trial b

on DNA testing that excluded him as the perpetrator. As Armstrong remained in c

awaiting retrial, Norsetter violated a court order by ordering additional DNA testin

without notifying the defense. This additional round of testing used up the remain

biological evidence and prevented it from being available for future tests. Prosecut

misconduct has played a role in scores of wrongful convictions that were later

overturned with DNA testing and, in many cases like Armstrongs, prosecutorial

misconduct has also prevented innocent people from being exonerated sooner.

INNOCENCE PROJECT REPORT FINDS THAT THE WRONGFULLY CONVICTEDARE NOT FAIRLY COMPENSATED

Making up for Lost Time: What the Wrongfully Convicted Endure and How to

Provide Fair Compensation, released by the Innocence Project in November find

that most states arent appropriately compensating the wrongfully convicted. Whil

indemnification is widely available for other segments of the population, for exam

crime victims and property owners, the wrongfully convicted have not historically

received the same assistance from the state, the report says. State compensation st

have the potential to provide the wrongfully convicted with the most comprehens

assistance upon release, but few states meet the measure. Only five states provide a

least $50,000 per year of wrongful incarceration (which is the federal standard for

compensating the wrongfully convicted), and only 10 provide additional services

including health care, tuition waivers, housing assistance, job counseling and morCopies of the report are available through the Innocence Projects website.

SUPPORTERS AND FRIENDS GATHER NATIONWIDE

As part of the Innocence Projects national outreach and donor program, suppor

gathered around the country this fall to introduce their friends and colleagues to

James Waller Andrew Gossett Antonio Beaver Anthony Capozzi Jerry Miller Curtis McCarty James C. Giles Byron Halsey Dwayne A. Dail Larry Bostic M1983 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 19

RALPH ARMSTRONG AT A WISCONSIN HEARING IN AUGUST.


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IP NEWS

organizations work. Christopher and Paris Barclay hosted an event at their Los Angeles

home for over 60 guests. Paris Barclay is the director of the acclaimed HBO series In

Treatment and also a member of the Innocence Project Artists Committee, a group of

writers, actors, musicians and other artists who raise awareness and money to support

the Innocence Projects work. Innocence Project Executive Director Maddy deLone

and exoneree Herman Atkins spoke. In Houston, Texas State Senator and InnocenceProject Board Chair Rodney Ellis and his wife, Licia Ellis, hosted a briefing. Friends and

colleagues of the Elliss heard about the Innocence Projects extensive work in the state

from deLone and Innocence Project Co-Director Barry Scheck. In March, the

Innocence Project Young Professionals Committee will celebrate its third fundraising

event. The committee has previously hosted fundraisers at the Rubin Museum of Art

and at Tenjune in New York City, raising over $65,000.

NEW JERSEY INVESTIGATES EYEWITNESS EVIDENCE

An unprecedented court hearing in New Jersey this fall further established the states

reputation as a leader in eyewitness identification reform. The hearing, ordered by

the New Jersey Supreme Court, used the case of Larry Henderson as a basis for an

extensive inquiry into how eyewitness evidence is evaluated by judges and juries.

Henderson, sentenced to 11 years for reckless manslaughter and weapons possession

charges, appealed the photo lineup procedure in his case because law enforcement

failed to follow the proper procedures as mandated by the state Attorney General.

Eyewitness misidentification is a leading cause of wrongful conviction, contributing

to 75% of convictions overturned by DNA testing.

In a series of court appearances, the Innocence Project and defense attorneys

for Henderson called eyewitness experts, including Dr. Steven Penrod, Dr. Gary Wells

and James Doyle, to testify. Their expertise is based on three decades of social science

research showing that eyewitness identifications are not always reliable. The outcome of

the hearing could have statewide ramifications for law enforcement, prosecutors andjudges, and could serve as a national model for rigorously examining and improving

eyewitness identification procedures.

INNOCENCE PROJECT FILES AMICUS BRIEF IN NEW YORK MURDER CASE

The Innocence Project recently filed an amicus, or friend-of-the-court, brief in the case

of Fernando Bermudez who was convicted of murder based, in large part, on eyewitness

evidence. Since his 1992 conviction, all four eyewitnesses have recanted. No biological

evidence is available for DNA testing. In August, the Manhattan Supreme Court

ruled that Bermudez should receive a new hearing to investigate the veracity of the

eyewitnesses testimony and their subsequent recantations. The witnesses

identifications were the result of an unusual identification procedure in which theywere allowed to view a collection of mug shots together and discuss which person

looked most like the perpetrator before making a collective determination. In

November, a New York Court Justice overturned Bermudezs conviction. The Bermudez

case may aid efforts to reform eyewitness identification procedures in the state.

Chad Heins John J. White Rickey Johnson Ronald G. Taylor Kennedy Brewer Charles Chatman Nathaniel Hatchett Dean Cage Thomas McGowan Robert McClendon Michae1996 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

FERNANDO BERMUDEZ


22/24

22

INNOCENCEBY THE NUMBERSCOMPENSATIONStates that have laws providing compensation for the wrongfully convicted

Years it has taken to pass those 27 laws since the first one was enacted

in 1913 96

State compensation law that provides the lowest amount of compensatio

year of wrongful imprisonment: Wisconsin at$5,000 per year

State compensation law that provides the highest amount of compensati

per year of wrongful imprisonment: Texas at$80,000 per year

Percentage of the 245 people wrongfully convicted and exonerated throu

DNA testing who have received compensation 60%

Percentage of the 245 exonerees who have been compensated through s

laws as opposed to lawsuits or special legislation designed for an individ

exoneree 33%States laws that meet or exceed the federal standard of up to $50,000 per

of wrongful imprisonment5

Percentage of the 245 exonerees who have received the equivalent of $50

per year of wrongful imprisonment through state compensation laws 6

Median amount of state compensation received per year of wrongful

imprisonment$24,219

Average number of years exonerees wait to receive state compensation a

their release

2.8States that provide social services such as job training, health care, housassistance or tuition waivers 10

Exonerees who have had access to support services under state laws,

so far 15

Patrick Waller Steven Phillips Arthur Johnson Joseph White William Dillon Steven Barnes Ricardo Rachell James Dean Kathy Gonzalez Debra Shelden Ada1992 to 2008 1982, 1983 to 2008 1993 to 2008 1989 to 2008 1981 to 2008 1989 to 2000 2003 to 2009 1990 to 2009 1990 to 2009 1989 to 2009 19


23/24

OUR STAFFOlga Akselrod: Staff Attorney, Angela Amel: Director of Social Work and Associate Director of Operations/ Litigation

Department, 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 on Eyewitness Identification, EricFerrero: Director of Communications, Nicholas Goodness: Case Coordinator, Edwin Grimsley: Case Coordinator,Nicole Harris: Policy Analyst, Barbara Hertel: Finance Associate, William Ingram: Case Assistant, Jane Jankie:Paralegal, Jeffrey Johnson: Office Manager, Matthew Kelley: Online Communications Manager, Jason Kreag: StaffAttorney, Christopher Lau: Paralegal, Audrey Levitin:Director of Development, David Loftis: Managing Attorney, AlbaMorales: Staff Attorney, Nina Morrison: Senior Staff Attorney, Peter Neufeld: Co-Director, Charlene Piper: Special

Assistant to the Executive Director, Vanessa Potkin: Senior Staff Attorney, Kristin Pulkkinen: Assistant Director,Individual Giving, Anthony Richardson: Policy Assistant and Database Administrator, Richard Salatiello:Director ofInstitutional Giving, Stephen Saloom: Policy Director, Alana Salzberg: Communications Associate, Barry Scheck: Co-

Director, Chester Soria: Communications Assistant, Jechonia Spruill:Database and Donor Recognition Administrator,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, 245 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

Projects full-time staff attorneys and Cardozo clinic students provided direct

representation or critical assistance in most of these cases. The Innocence Projects

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 Projects 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 Lee Stinson Kenneth Ireland Joseph1990 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 t


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INNOCENC E PROJE CT, INC.100 FIFTH AVENUE, 3RD FLOOR

NEW YORK, NEW YORK 10011

WWW.INNOCENCEPROJECT.ORG

BENJAMIN N. CARDOZO SC HOOL OF LAW,YESHIVA UNIVERSITY

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