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<title>Innocence Blog</title>
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<link>http://www.innocenceproject.org/news/Blog.php</link>
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<title>DNA tests point to Ohio man’s innocence</title>
<pubDate>Mon, 06 Oct 2008 16:19:00 EST</pubDate>
<description><![CDATA[<p>Robert Caulley has been in prison since 1997 for the murder of his parents - a crime he says he didn't commit. He was the first to report the crime, calling police to tell them he found his parents bludgeoned to death in their Grove City, Ohio, home. But three years after the crime, police focused on Caulley as a suspect. Although he repeatedly asked for an attorney, he was interrogated for 12 hours, and allegedly made a statement admitting guilt. He says that statement was coerced and he is innocent.<br /><br />Now new DNA test results in the case could prove that he's right. DNA from an unknown person has been found on a gun found in the house, which also had blood from Caulley's father on it. Caulley's attorneys are seeking to run the new unknown profile in a federal database and also test it against two possible alternate suspects.<br />Caulley said watching another Columbus man freed in August (Robert McClendon) after DNA proved him innocent put his own &quot;uphill battle&quot; in perspective.</p><blockquote><p>&quot;It does give me hope, because you see things do change and get corrected,&quot; Caulley, 43, said in an interview yesterday at the North Central Correctional Institution.</p><a href="http://dispatch.com/live/content/local_news/stories/2008/10/04/DNAtest2.ART_ART_10-04-08_B1_8EBGQUJ.html?sid=101 " target="_blank">Read the full story here</a>. (Columbus Dispatch, 10/04/08)<br /></blockquote><p><br />Also in Ohio, authorities are planning to run in the database a DNA profile from a 1990 rape case in which Brian Piszczek was wrongfully convicted. Piszczek spent three years in prison before DNA testing proved his innocence, but it wasn't until recently that a Columbus Dispatch investigation again sparked interest in checking the database for the real perpetrator in the case. In nearly 40 percent of wrongful convictions overturned by DNA, the evidence also leads to the identity of the real perpetrator.<br /><br /><a href="http://dispatch.com/live/content/local_news/stories/2008/10/05/DNA_trail.ART_ART_10-05-08_B1_MBBH0NL.html?sid=101" target="_blank">Today marks the 14th anniversary of Piszczek&#39;s exoneration. Read more about his case here</a>. (Columbus Dispatch, 10/05/08)</p><p>Read about dozens of other possible wrongful convictions in the Dispatch's five-part series "<a href="http://www.dispatch.com/live/content/special_reports/stories/2008/dna/index.html" target="_blank">Test of Convictions</a>".<br /><br />   </p>]]></description>
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<title>A call to action in Michigan </title>
<pubDate>Fri, 03 Oct 2008 16:39:00 EST</pubDate>
<description><![CDATA[With five weeks left in the Michigan State Senate's legislative session, the deadline for lawmakers to extend a critical DNA access law is fast approaching. For months, the Senate Judiciary Committee has stalled progress of a bill to extend the state's DNA access law, which allows prisoners to apply for DNA testing to prove their innocence and expires on January 1, 2009. If the committee doesn't send the bill to the full Senate soon, prisoners in Michigan could lose their last chance at proving their innocence.<br /><br />In an article in today's Detroit News, Michigan exoneree Ken Wyniemko calls for lawmakers to extend the right to DNA testing because there are more innocent people behind bars in the state.<br /><br /><blockquote>&quot;Time is running out,&quot; said Wyniemko of Rochester Hills, who is among four people in Michigan freed from prison with the help of DNA. &quot;Nobody else should have to go through what I went through, and what the others went through.&quot;<br /><br /><a href="http://detnews.com/apps/pbcs.dll/article?AID=/20081003/METRO/810030351" target="_blank">Read the full article here</a>.<br /></blockquote><p>Innocence Project supporters across Michigan this week are sending letters to the Senate Committee on the Judiciary. </p><p>Do you live in Michigan? <a href="http://www.innocenceproject.org/michigan_dna">Send your letter today</a>.<br /><br />Have friends or family in Michigan? <a href="http://ip.convio.net/site/Ecard?ecard_id=1201 " target="_blank">Forward them info on this campaign so they can protect justice in their state</a>.<br /><br /><a href="http://www.innocenceproject.org/Content/1618.php">Yesterday's blog post</a> on this issue included a video interview with Wyniemko about the pending legislation.<br /><br />   </p>]]></description>
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<title>The week in review </title>
<pubDate>Fri, 03 Oct 2008 17:50:00 EST</pubDate>
<description><![CDATA[A roundup of stories we didn't get to on the Innocence Blog this week.<br /><br /><a href="http://www.jacksonfreepress.com/index.php/site/comments/dna_exonerates_sunflower_county_man_after_16_years_100108/">Charges were dropped this week</a> against Arthur Johnson, a Mississippi man who spent 16 years in prison for a rape he didn't commit. Johnson was represented by attorneys at the Innocence Project New Orleans. More on his case next week. <br /><br />Claude McCollum was released in 2007 after serving more than a year in Michigan prison for a murder he didn't commit. He was released when evidence of his innocence began to surface,<a href="http://www.lansingstatejournal.com/apps/pbcs.dll/article?AID=/20080929/ELECTIONS/809290342/1418/ELECTIONS07" target="_blank"> but it wasn't until this week that he heard an apology from prosecutors</a>. &quot;I truly am deeply sorry,&quot; County Prosecutor Stuart Dunnings III said Sunday to McCollum during a talk at a local church attended by McCollum and about 30 others. <br /><br />And New York exoneree Jeffrey Deskovic <a href="http://www.lohud.com/apps/pbcs.dll/article?AID=/20080926/NEWS02/809260370/1023/NEWS07" target="_blank">protested outside the taping of a new reality</a> show featuring Jeanine Pirro, the district attorney who refused to grant DNA testing in Deskovic's case while he was in prison. He was exonerated in 2006 when DNA proved his innocence of the 1989 murder for which he had been wrongfully convicted.<br /><br />In addition to exonerating Arthur Johnson, Innocence Project New Orleans <a href="http://www.nola.com/timespic/stories/index.ssf?/base//library-156/1222838571259020.xml&amp;coll=1" target="_blank">issued a report</a> detailing cases in which New Orleans prosecutors failed to disclose critical evidence to defense attorneys, and calling on candidates for the office to improve evidence sharing practices in the future.<br /><br />And an editorial in the Tuscaloosa News <a href="http://www.tuscaloosanews.com/article/20080929/NEWS/809280245/1012?Title=Supreme_Court_made_right_decision" target="_blank">praised the Alabama Supreme Court</a> for denying the state Attorney General's request to set a new execution date for Tommy Arthur.<br /><br />   ]]></description>
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<title>Six years free: Jimmy Ray Bromgard</title>
<pubDate>Thu, 02 Oct 2008 16:10:00 EST</pubDate>
<description><![CDATA[ <img src="http://www.innocenceproject.org/Images/blog/bromgard.jpg" alt="" hspace="10" vspace="10" align="left" /> <p>Today marks the sixth anniversary of the day Jimmy Ray Bromgard was exonerated in Montana, after serving more than 14 years for a crime he did not commit. Bromgard was convicted at 18 and released at 32, losing the prime years of his life behind bars. Participating in a prison program for sex offenders could have led to his early release, but he refused to take them.  "I would have had to admit my guilt," he said after his release. "I&#39;d rather sit there in prison for all my life than admit my guilt.&quot;</p><p>On March 20, 1987, an intruder broke through a window into the home of an eight-year-old girl in Billings, Montana, and raped her. The perpetrator escaped after the attack, stealing a purse and jacket. Later in the day the victim was examined, and police collected hairs and semen from the crime scene.</p><p>Based on the victim&#39;s description, the police drew a composite sketch of the intruder. An officer linked the sketch to a local teenager he knew, Jimmy Ray Bromgard. After officers videotaped a lineup including Bromgard, the tape was shown to the victim, who said she was &quot;60% or 65% sure&quot; that Bromgard was the perpetrator. During trial, the victim continued to say she was unsure whether Bromgard was the assailant. Yet, Bromgard&#39;s assigned counsel never objected to the victim&#39;s identification.</p><p>The prosecution tied Bromgard to the crime by using the testimony of a state forensic hair examiner, Arnold Melnikoff, who claimed hairs found on the victim&#39;s bed were similar to Bromgard&#39;s, and further argued there was less than a one-in-10,000 chance that the hairs did not come from Bromgard. Melnikoff's testimony was fraudulent; there has never been a standard by which to statistically match hairs through microscopic inspection.</p><p>Despite stating he was at home and asleep when the crime was committed, Bromgard&#39;s attorney did not follow up the investigation or obtain an expert to challenge the state&#39;s forensic expert. Bromgard was convicted of three counts of sexual intercourse without consent and sentenced to 40 years in prison. Bromgard spent his twenties in prison, and was finally freed after the Innocence Project attorneys obtained DNA testing on his behalf, which proved that biological evidence from the crime scene came from another man.</p><p>Fraudulent science may have played a large role in Bromgard&#39;s wrongful conviction, but  Bromgard&#39;s own court-appointed lawyer also failed to show the inconsistencies in the state&#39;s case. Click here to read more about bad lawyering. </p><p>Other exoneration anniversaries this week:</p><p><a href="http://www.innocenceproject.org/Content/282.php">Earl Washington</a>, Virginia (Served 17 years, Exonerated in 2000)</p><p><a href="http://www.innocenceproject.org/Content/246.php">George Rodriguez</a>, Texas (Served 17 years, Exonerated in 2005)</p><p><a href="http://www.innocenceproject.org/Content/185.php">Albert Johnson</a>, California (Served 10 years, Exonerated in 2002)   </p>  ]]></description>
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<title>New innocence clinic launches at University of Virginia Law School</title>
<pubDate>Thu, 02 Oct 2008 16:45:00 EST</pubDate>
<description><![CDATA[Law students are receiving hands-on experience this year in a new innocence clinic at the University of Virginia School of Law. The Innocence Project and more than 40 other organizations worldwide form the Innocence Network, an affiliation of organizations dedicated to providing pro bono legal and investigative services to individuals seeking to overturn wrongful convictions. With the addition of the UVA Innocence Project in June, the network became one project stronger.<br /><br />And the new project at UVA will accept cases in which defendants are seeking to prove their innocence by means other than DNA. Only 5 to 10 percent of criminal convictions do not involve biological evidence, and there are certainly innocent people in Virginia's prisons whose cases cannot be resolved by DNA testing. Law students at UVA will investigate these cases to determine if there is evidence of innocence that can overturn a conviction on appeal.<br /><blockquote>Led by Deirdre Enright, a 1992 Law School graduate and experienced capital post-conviction lawyer, the clinic includes 12 students each year and will soon employ a full-time investigator to help collect evidence for appeals.<br /><br />"This is sort of the dream class if you're a law student because it involves great issues for research that are topical - DNA, new techniques in DNA, new testing, eyewitness ID, jailhouse informants, poor lawyering, poor prosecuting -it's all these great cutting-edge issues," Enright said.<br /><br /> "The Innocence Project at UVA School of Law will bring critical expertise and resources to investigating wrongful conviction cases," Innocence Project Co-Director Peter Neufeld said. "We know that innocent people are convicted and spend years or decades in prison in Virginia, and this clinic will help exonerate more of them."<br /><br /><a href="http://www.law.virginia.edu/html/news/2008_fall/innocence.htm" target="_blank">Read more here</a>. (UVA press release, 09/30/08)<br /></blockquote>]]></description>
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<title>Michigan DNA law in jeopardy</title>
<pubDate>Thu, 02 Oct 2008 16:45:00 EST</pubDate>
<description><![CDATA[Michigan is one of 43 states with a law allowing inmates to seek post-conviction DNA testing if there is potential to prove their innocence, but that could change if state lawmakers don't act in the next six weeks. The state's DNA access law is set to expire on January 1, 2009, if lawmakers don't act by the end of the legislative session. The measure, which also requires that evidence be preserved after prisoners are convicted, passed the House of Representatives, but it is stalled in the Senate Judiciary Committee. <br /><blockquote>Marla Mitchell-Cichon, the co-director of the Cooley Law School Innocence Project in Lansing, Michigan, wrote in today's Detroit News that it is critical that lawmakers protect justice by passing this law. <br /><br />Lawmakers have an obligation to Michiganians to extend a law that promotes justice and is cost-effective. The time to act is now -- before an innocent person loses his or her chance for freedom. Justice demands it.<br /><br /><a href="http://www.detnews.com/apps/pbcs.dll/article?AID=/20081002/OPINION01/810020344/1008 " target="_blank">Read the full story here</a>. (Detroit News, 10/2/08)<br /></blockquote>Watch a video of <a href="http://www.myfoxdetroit.com/myfox/pages/Home/Detail;jsessionid=DD70007D05C2CA51560902EB9FBE6A25?contentId=7556213&amp;version=1&amp;locale=EN-US&amp;layoutCode=VSTY&amp;pageId=1.1.1&amp;sflg=1" target="_blank">exoneree Ken Wyniemko</a> explaining why he believes all innocent men and women should be able to prove their innocence, as he did in 2003. <br /><br /><strong>What you can do:</strong><br /><br />Innocence Project supporters in Michigan are sending emails today to members of the Senate Judiciary Committee, urging them to move the legislation to the full Senate. Do you have friends in Michigan? <a href="http://ip.convio.net/site/Ecard?ecard_id=1201" target="_blank">Tell them about the campaign here</a>. <br /><br />If you live outside of Michigan, please <a href="http://ip.convio.net/site/PageNavigator/947_Petition" target="_blank">sign our petition for DNA access today</a>. <br /><br />   ]]></description>
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<title>Hillary Swank to play Betty Anne Waters</title>
<pubDate>Wed, 01 Oct 2008 16:15:00 EST</pubDate>
<description><![CDATA[ <p>News sources are reporting today that actress Hillary Swank will play the sister of exoneree Kenneth Waters in a major upcoming film. When Kenneth Waters was convicted in 1983 of a Massachusetts murder he didn't commit, his sister, Betty Anne Waters, dedicated her life to proving her innocence. She put herself through law school and worked on his appeals. By the time she contacted the Innocence Project to cooperate on Waters' case, she had already located biological evidence from Waters' case and was working to have it subjected to DNA testing.<br /><br />Waters was exonerated in 2001 after serving more than 17 years in prison. Sadly, he died six months after his release in a tragic accident.<br /><br />Tony Goldwyn is expected to direct the film.<br /><br />Read more: </p><p>Movieweb: <a href="http://www.movieweb.com/news/NEqTFwtxQQBXvq" target="_blank">Hillary Swank is Betty Anne Waters</a> (10/1/08)<br /><br /><a href="http://www.movieweb.com/news/NEqTFwtxQQBXvq" target="_blank">Read about Kenneth Waters' case here</a>.<br /><a href="http://www.youtube.com/watch?v=8wYaOsCVRCI" target="_blank"><br />Watch a video with Betty Anne Waters at the 2007 Innocence Project Celebration of Freedom &amp; Justice</a>.<br /><br />   </p>  ]]></description>
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<title>Supreme Court won't revisit death penalty for child rape</title>
<pubDate>Wed, 01 Oct 2008 16:40:00 EST</pubDate>
<description><![CDATA[ The U.S. Supreme Court yesterday voted 7-2 to let stand its decision striking down state laws allowing the death penalty for child rape. The court was considering rehearing the case because the justices were not aware that U.S. military courts allowed capital punishment in child rape cases, in addition to the six states of which the justices were aware.<br /><br /><a href="http://www.nytimes.com/2008/10/02/washington/02scotus.html?_r=1&amp;ei=5070&amp;emc=eta1&amp;oref=slogin" target="_blank">Read today's news on the decision in Kennedy v. Louisiana</a>. (New York Times, 10/1/08)<br /><br />The National Association of Criminal Defense Lawyers filed a brief in the case arguing that the risk of wrongful executions was extremely high in child rape cases because children are impressionable witnesses. <a href="http://www.innocenceproject.org/Content/1431.php">Read more here</a>.<br />     ]]></description>
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<title>Tonight on PBS, a conviction reopened after a century</title>
<pubDate>Wed, 01 Oct 2008 16:55:00 EST</pubDate>
<description><![CDATA[Nearly a century ago, an American doctor named Hawley Crippen was executed in England for allegedly killing his wife and burying her remains in his basement. He was arrested after attempting to travel to the United States with a female companion disguised as a boy. The case was sensational at the beginning of the 20th century, and it is making news again, because DNA testing on evidence used in Crippen's original trial has shown that the remains found in his basement were not those of his wife. <br /><br />"Secrets of the Dead," a PBS special airing tonight in most cities, will examine the case and attempt to determine whether Crippen was executed for a murder he didn't commit. <br /><a href="http://www.pbs.org/wnet/secrets/episode-home/executed-in-error" target="_blank"><br />Find out when the show will air on your local PBS affiliate, or watch it in its entirety on the web</a>. <br /><br />More: Erik Larsen's 2007 book "Thunderstruck" tells the story of the Crippen case juxtaposed with the invention of the wireless telegraph. <a href="http://www.amazon.com/gp/redirect.html?ie=UTF8&amp;location=http%3A%2F%2Fwww.amazon.com%2FThunderstruck-Erik-Larson%2Fdp%2F1400080673%3Fie%3DUTF8%26s%3Dbooks%26qid%3D1222890890%26sr%3D8-1&amp;tag=theinnoproj-20&amp;linkCode=ur2&amp;camp=1789&amp;creative=9325" target="_blank">Buy the book here and a percentage of your purchase will support the Innocence Project</a>.<br /><br />   ]]></description>
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<title>Steven Phillips is officially exonerated in Dallas</title>
<pubDate>Wed, 01 Oct 2008 17:25:00 EST</pubDate>
<description><![CDATA[This summer, a Dallas court recommend that Steven Phillips' name be cleared, more than 25 years after he was wrongfully convicted of a string of sex crimes he didn't commit. Today, Texas' highest criminal court officially exonerated him.<br /><br />DNA testing and an extensive investigation by the Innocence Project proved that Phillips did not commit any of the ten sexual assaults he was convicted of in 1982 and 1983. But Phillips has been waiting in legal limbo for today's decision by the Court of Criminal Appeals, which officially exonerated him by granting writs of habeas corpus in overturning wrongful convictions in several cases.<br /><br />Phillips is the 221st person exonerated by DNA testing nationwide, and the 16th officially exonerated in Dallas. Five more men in Dallas have been proven innocent by DNA testing, but they are awaiting further legal action before their exonerations are official. With 21 people cleared by DNA, Dallas has seen more exonerations than any other county in the U.S. since 2001.<br /><br /><a href="http://www.innocenceproject.org/Content/1503.php ">Read more about his case here</a>.<br /><br /><a href="http://www.innocenceproject.org/Content/342.php">Read about the other 15 Dallas exonerees here</a>. <br /><br />   ]]></description>
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<title>North Carolina editorial: Fix the court system to prevent wrongful convictions</title>
<pubDate>Tue, 30 Sep 2008 14:15:00 EST</pubDate>
<description><![CDATA[<p>An editorial in the Raleigh-Durham News &amp; Observer calls on state officials to build a better system of criminal justice, one that doesn't run such a high risk of sending the innocent to prison. Erick Daniels' family members rejoiced in a Durham courtroom a week ago, when he was released after seven years in prison for a crime that he always maintained he didn't commit. This joy, however, masked deeper flaws in the system, the editorial says. </p><blockquote><p>There have been too many instances in recent years, by no means only in Durham, of North Carolina courts rendering judgments that turn out to demonstrably flawed. People have been sent to prison for crimes they didn&#39;t commit, and even have been placed at risk of execution. </p><p>Causes range from court systems struggling with a lack of resources to prosecutors who are too focused on the courtroom contest at the expense of getting things right. But the effects, besides the cruel unfairness of wrongful conviction, are also to let the guilty go free and to shake public trust in the judicial system.</p><p><a href="http://www.newsobserver.com/opinion/editorials/story/1234078.html " target="_blank">Read the full story here</a>. (News &amp; Observer, 09/27/08)<br />   </p></blockquote>]]></description>
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<title>Canadian report calls for national board to review possible wrongful convictions</title>
<pubDate>Tue, 30 Sep 2008 14:15:00 EST</pubDate>
<description><![CDATA[<p>Last week, a group of Canadian law enforcement experts released a report on the wrongful conviction of David Milgaard, a Saskatchewan man who spent 23 years in prison for a crime DNA shows he didn't commit. The report examined the specific errors in the Milgaard case, but it went much further. The Canadian federal government needs to create an oversight board to review possible wrongful conviction cases, the report said. Milgaard's family members welcomed the proposal, saying such a board could have helped him win his release much sooner.</p><blockquote><p>&quot;I&#39;m delighted that we are finally getting recommendations for an independent board,&quot; Milgaard&#39;s mother, Joyce Milgaard, told a news conference in Saskatoon shortly after the Saskatchewan government released the commission of inquiry report.</p><p>&quot;It will be worthwhile,&quot; she said. &quot;Everything our family has gone through, if we now, if we really follow through and get this independent board.&quot;</p><p><a href="http://www.cbc.ca/canada/saskatchewan/story/2008/09/26/reaction-milgaard.html?ref=rss" target="_blank">Read the full story here</a>. (Canadian Broadcasting Corp., 09/26/08)</p></blockquote><p>North Carolina recently created a similar oversight and review panel, and <a href="http://www.reflector.com/news/sex-offense-conviction-upheld-113384.html " target="_blank">the group issued its first findings earlier this month</a>.    </p>]]></description>
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<title>Supreme Court expected to act quickly on Davis case</title>
<pubDate>Mon, 29 Sep 2008 17:35:00 EST</pubDate>
<description><![CDATA[<p>Last week, the U.S. Supreme Court issued a stay less than two hours before Troy Davis was scheduled to be executed in Georgia for a murder he says he didn't commit. The justices issued the stay so they would have time to decide whether there is sufficient doubt about Davis' guilt to necessitate further review. The Georgia Supreme Court declined to grant Davis a new hearing, citing a precedent saying that it would only grant a new trial if there was proof, with "no doubt of any kind," that a witness' trial testimony was "the purest fabrication." Davis' attorneys say that sets the bar too high. A decision is expected from the high court by Oct. 6. </p><blockquote>An article in the Atlanta Journal-Constitution today examines the court's motivation for granting a stay in the Davis case, and the effect the final decision could have on future cases.<br /><p>With the exonerations of inmates nationwide based on DNA evidence, the U.S. Supreme Court is giving more careful scrutiny to innocence claims, said (Indiana University law professor Joseph) Hoffman, a death penalty expert.</p><p>"This is the kind of case that has the court on edge right now," he said. "So it's not completely surprising that out of all the death cases that come before it this would be the one granted a stay."<br />Ezekiel Edwards, an attorney with the Innocence Project in New York, called the state Supreme Court's decision troubling.</p><p>"It sets a terrible precedent for innocent people who are incarcerated and where there isn't DNA evidence but where there may be one or multiple recanting witnesses who for a whole bevy of reasons are saying their original testimony was false," he said. "In most recantation cases, you could never meet the standard they've set."</p><p><a href="http://www.ajc.com/metro/content/metro/stories/2008/09/29/troy_davis_case.html" target="_blank">Read the full story here</a>. (Atlanta Journal-Constitution, 09/29/08)</p></blockquote><p><a href="http://www.innocenceproject.org/Content/1587.php ">Read more about Davis' case here</a>.<br />   </p>]]></description>
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<title>Dispatch from Austin: The Criminal Justice Integrity Unit meets</title>
<pubDate>Mon, 29 Sep 2008 17:40:00 EST</pubDate>
<description><![CDATA[ <p>The Texas Criminal Justice Integrity Unit held meetings in Austin on Thursday and heard from witnesses on a variety of topics, including snitch testimony and evidence collection and preservation. The Integrity Unit was created earlier this year by the state's Court of Criminal Appeals to review criminal justice practices in the state and its members include a cross-section of the criminal justice community. </p><p>Scott Henson, who writes the blog Grits for Breakfast and works as a consultant with the Innocence Project of Texas, attended the meeting and wrote about his reactions on Grits. Here's what he found:</p><blockquote><p>Pat Johnson, who&#39;s the field supervisor for DPS&#39; state-run crime labs and a member of the Integrity Unit panel, performed an informal survey of non-DPS crime labs in Texas operated by local jurisdictions. Respondents said that less than 10% of evidence collected at crime scenes was gathered by lab personnel, with most of it being collected by cops. Austin PD is the main exception, he said, with an entirely civilian Crime Scene Investigation unit.<br /><br />A majority of labs, when asked how good a job they were doing, replied that some improvements were needed.<br /><br />One lab said they did not believe they were receiving all available evidence that should be examined, while a majority said &quot;we don&#39;t know.&quot;</p><p>...</p><p>John Vasquez from the Texas Association of Property and Evidence Inventory Technicians (TAPEIT) gave an interesting presentation about evidence preservation failures and the need for greater professionalism and implementation of best practices by police department property rooms. TAPEIT has about 600 active members who work in law enforcement agencies around the state, he said. (See their rather active message boards.)</p><p>...</p><p>One of the CCA &quot;Integrity Unit&quot; members, Texas House Corrections Chairman Jerry Madden, posed a question to Justice Project President John Terzano regarding snitches during his presentation yesterday that inspired me to (perhaps rudely?) interject from the audience a response to his concerns. (I was attending as part of my consulting gig with the Innocence Project of Texas.)<br /><br />Terzano was arguing that informants whose testimony will be compensated by money, reduced charges or more lenient sentences for other crimes they&#39;ve committed should be subjected to a pre-trial reliability hearing in which a judge, outside the purview of the jury, makes an independent determination whether the informant is a reliable source.</p><p><a href="http://gritsforbreakfast.blogspot.com/#5358060077705998793" target="_blank">Read the three posts on the meeting</a>. (Grits for Breakfast, 09/26/08)</p></blockquote><p> </p>  ]]></description>
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<title>Sunday morning – CBS examines life after exoneration</title>
<pubDate>Fri, 26 Sep 2008 15:19:00 EST</pubDate>
<description><![CDATA[A feature on "CBS News Sunday Morning" this week will examine the difficult the difficult adjustment faced by the men and women who are proven innocent and freed from prison after serving decades for crimes they didn't commit. <br /><br />Interviewed on the program will be Innocence Project clients <a href="http://www.innocenceproject.org/Content/1402.php">Thomas McGowan</a> (who served 23 years in Texas for a rape he didn't commit) and <a href="http://www.innocenceproject.org/Content/148.php">Larry Peterson</a> (who served 16 years in New Jersey for a murder he didn't commit). Also featured will be <a href="http://www.voiceofwitness.com/bios.html#monroe " target="_blank">Beverly Monroe</a>, who was released in 2002 after serving 10 years for a murder she didn't commit, and her daughter, Katie Monroe, the executive director of the Rocky Mountain Innocence Center.  Innocence Project Co-Director Peter Neufeld will discuss the broader issues people face after they are exonerated and the government's obligation to provide financial compensation and social services.<br /><a href="http://www.cbsnews.com/stories/2006/04/17/sunday/main1502683.shtml" target="_blank"><br />Find out when the show airs in your city</a>.<br /><br /><a href="http://www.innocenceproject.org/know/After-Exoneration.php">Read more about life after exoneration</a>. <br /><br />   ]]></description>
<link>http://www.innocenceproject.org/Content/1604.php</link>
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<title>Errors in Detroit crime lab could have sent innocent people to prison</title>
<pubDate>Fri, 26 Sep 2008 15:29:00 EST</pubDate>
<description><![CDATA[ <p>Michigan officials closed the Detroit Police Department crime lab yesterday after a report found a 10% error rate in ballistic testing. Leaders called the results "catastrophic" and "appalling" before vowing to get to work to fix the problem. Wayne County Prosecutor Kym Worthy said bad tests could have sent innocent people to prison.</p><blockquote>&quot;If we have even one person in prison on evidence that was improperly done, that&#39;s a huge problem,&quot; Worthy said. &quot;As prosecutors, we completely rely on the findings of police crime lab experts every day in court and we present this information to juries. And when there are failures of this magnitude, there is a ... betrayal of trust.&quot;<br /><p>The audit warned that if the error rate holds, &quot;the negative impact on the judicial system would be substantial, with a strong likelihood of wrongful convictions and a valid concern about numerous appeals.&quot;</p><p>&quot;The language may be dry, but it destroys the credibility of the firearms lab and calls into question all the lab work in general,&quot; said David Moran, head of the Innocence Project at the University of Michigan Law School.</p><p><a href="http://www.freep.com/apps/pbcs.dll/article?AID=/20080925/NEWS02/80925052/1003/NEWS01" target="_blank">Read the full story here</a>. (Detroit Free Press, 09/25/08)</p></blockquote><p><a href="http://www.innocenceproject.org/fix/Crime-Lab-Oversight.php">Read the Innocence Project's recommendations for forensic oversight here</a>.   </p><p> </p>  ]]></description>
<link>http://www.innocenceproject.org/Content/1605.php</link>
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<title>Friday digest</title>
<pubDate>Fri, 26 Sep 2008 18:01:00 EST</pubDate>
<description><![CDATA[A few cases we didn't get a chance to write about this week on the blog. If you have tips for blog posts, send them our way at <a href="mailto:info@innocenceproject.org">info@innocenceproject.org</a>.<br /><br />National Public Radio reported on a Texas case where the family of Timothy Cole, an innocent man who died in prison, is seeking his posthumous exoneration based on DNA evidence of his innocence. The victim in the crime, who misidentified Cole at his trial, is working closely with his family, and the NPR story features an interview with Innocence Project of Texas Chief Counsel Jeff Blackburn. <a href="http://www.npr.org/templates/story/story.php?storyId=94937059" target="_blank">Listen here</a>.<br /><br />The mother of a murder victim is<a href="http://www.recordonline.com/apps/pbcs.dll/article?AID=/20080921/NEWS/809210334" target="_blank"> working with the man convicted of killing her daughter to prove his innocence</a>. She has long suspected that the wrong man was convicted, and as more evidence points to his innocence, she is helping to support his appeals. <br /><br />Prosecutors in Florida are <a href="http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20080918/BREAKINGNEWS/80918040/1006/news01" target="_blank">asking that a judge deny William Dillon's request for a new trial</a>, which he filed after DNA testing on a key piece of evidence pointed to his innocence.<br /><br />A 22-year-old man North Carolina was <a href="http://www.indyweek.com/gyrobase/Content?oid=oid%3A265448" target="_blank">free for the first time since eighth grade</a>, after a judge threw out his conviction.<br /><br />And Innocence Project Attorney Vanessa Potkin spoke this week with radio KBMS in Oregon. <a href="http://poli-tainment.podomatic.com/player/web/2008-09-26T12_42_55-07_00" target="_blank">Listen here</a>. <br /><br />   ]]></description>
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<title>DNA evidence leads to conviction of real perpetrator in Dallas case</title>
<pubDate>Thu, 25 Sep 2008 14:20:00 EST</pubDate>
<description><![CDATA[Jerry Pabst was convicted today of killing a Garland, Texas, woman at her home in 1986, based on DNA test results and other evidence uncovered during an Innocence Project investigation into the conviction of client Clay Chabot. <br /><br />Chabot, an Innocence Project client, served 21 years in prison for the murder before he was released on bond last year based on the new DNA evidence pointing to Pabst. Charges are still pending against him in the case, and he is currently under house arrest. Innocence Project Co-Director Barry Scheck issued a statement today on Pabst's conviction:<br /><blockquote>"More than 22 years after her murder, this verdict finally brings justice for Galua Crosby and her family. We are glad that the DNA testing and investigation we did in Clay Chabot's case helped identify and apprehend Jerry Pabst, and we commend the District Attorney's office for finally bringing Pabst to justice. Clay Chabot fought for years for the DNA testing that led a judge to recommend overturning his conviction and resulted in Jerry Pabst's arrest. With justice finally done, we hope Clay's case can be resolved quickly."<br /><br /><a href="http://www.innocenceproject.org/Content/955.php ">Read more about Chabot's case here</a>.<br /></blockquote>   ]]></description>
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<title>Alabama Supreme Court denies request to set execution date</title>
<pubDate>Thu, 25 Sep 2008 15:02:00 EST</pubDate>
<description><![CDATA[ <p>Tommy Arthur has been on Alabama's death row for a quarter century for a murder he has always said he didn't commit. In July, he came within hours of execution for the third time, before the Alabama Supreme Court voted 5-4 in favor of a stay while a lower court determined whether Arthur should get DNA testing or not. The Innocence Project has consulted with Arthur's attorneys, and supports the DNA testing that could prove Arthur's innocence or guilt. <br /><br />On Tuesday, the Alabama Supreme Court again ruled in Arthur's favor, rejecting an appeal from Alabama Attorney General Troy King to set an execution date for Arthur. The Supreme Court decided 6-2 that the state must wait for the Jefferson County Court to rule on the DNA testing claim before it set an execution date.<br /><br /><a href="http://www.al.com/birminghamnews/stories/index.ssf?/base/news/1222330534324710.xml&amp;coll=2" target="_blank">Read the full story here</a>. (Birmingham News, 09/25/08)<br /><br />Thousands of Innocence Project supporters have sent letters to Alabama Gov. Bob Riley, urging him to order DNA testing for Tommy Arthur. <a href="https://secure2.convio.net/ip/site/Advocacy?JServSessionIdr001=llkj9vsk74.app13b&amp;cmd=display&amp;page=UserAction&amp;id=108" target="_blank">Send your letter today</a>.</p><p><a href="http://blog.al.com/bn/2008/09/the_case_files_documents_from.html" target="_blank">Download recent filings in the case</a>.  </p>  ]]></description>
<link>http://www.innocenceproject.org/Content/1602.php</link>
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<title>Detroit crime lab closed due to testing errors</title>
<pubDate>Thu, 25 Sep 2008 15:05:00 EST</pubDate>
<description><![CDATA[After a report released today showed a "shocking level of incompetence" in the Detroit Police crime laboratory, officials moved to stop all work in the lab, pending a more thorough review. The firearms division was closed in April after mistakes came to light in several gun cases, but now the entire lab has been shuttered. The new report found erroneous or false findings in 10% of cases examined. <br /><br />All forensic cases in the city will be sent to state crime labs for review, deepening an already severe backlog, officials said.<br /><blockquote>The results of a five-month audit of the Detroit Police Firearms laboratory were released Thursday, revealing a &quot;shocking level of incompetence&quot; in investigations into cases involving ballistic evidence, Wayne County Prosecutor Kym Worthy said.<br /><br />The findings uncovered mistakes &quot;so severe as to demonstrate a systemic problem in all disciplines within the crime lab and requires drastic action to ensure the integrity of the criminal justice system in Wayne County,&quot; Worthy said.<br /><br /><a href="http://www.detnews.com/apps/pbcs.dll/article?AID=/20080925/METRO01/809250435/1006/rss01" target="_blank">Read the full story here</a>. (Detroit News, 09/25/08)<br /></blockquote><br />   ]]></description>
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<title>Preventing wrongful convictions through better news reporting</title>
<pubDate>Wed, 24 Sep 2008 17:45:00 EST</pubDate>
<description><![CDATA[  <p>What role does the media play in overseeing our criminal justice system? Could newsroom reforms prevent wrongful convictions and help police solve cold cases? Steve Weinberg, a journalism professor and author, thinks so.<br /><br />In an article yesterday in Miller-McCune magazine, Weinberg presents a novel approach at reforming our criminal justice system. The news media, and the general public, have been skeptical of wrongful convictions for years, Weinberg writes, and the advent of DNA exonerations has changed this. As the media and the public realize that the system makes mistakes, pressure is applied to the system to make it more accountable. Weinberg writes that the reforms proposed by the Innocence Project, including recording of interrogations and improved identification procedures, are valid, but that a movement from within the media is necessary as well:</p><blockquote><p>One solution for wrongful convictions, however, has not been explored in a sustained, meaningful manner. It is a solution that cannot be legislated or even come from the government. The solution requires writers and editors for newspapers, magazines, radio stations, television stations, Web sites and books to practice preventive journalism rather than after-the-conviction, too-late journalism.</p><p>Until and unless journalists improve their performance, far more innocent people will be imprisoned than the criminal justice system seems likely ever to acknowledge. The logical extension of the preceding statement seems obvious, but I'll say it anyway: Unless journalists get better at covering the justice system, many criminals will continue to go unpunished, free to murder or rape or rob again. So investigating wrongful convictions is not - as perceived by too many police, prosecutors and judges - an assault by soft-on-crime bleeding hearts. Rather, it is an attempt to serve law and order, to improve the administration of justice and to foster faith in the criminal justice system.</p><p><a href="http://www.miller-mccune.com/article/675" target="_blank">Read the full story here</a>. (Miller-McCune Magazine, 09/23/08)</p></blockquote><p>And an article by Jon Whiten in Extra! Magazine in late 2007 pointed out that coverage of DNA exonerations very rarely includes a reflection on the media's role in convicting the innocent. </p><p>What is striking about all of the coverage...of wrongful conviction in general, is the lack of self-examination. The press, in detailing the reasons that such awful miscarriages of justice happen, never points to its own role as enabler. </p><blockquote><p>As the press has repeatedly reported in the past decade, the accused don&#39;t always get a fair trial, and many have been convicted and sent to prison for crimes they did not commit. Doesn&#39;t it then make sense for journalists to report on the cops and the courts with that awareness in mind?<br /><br />It is a welcome sign that the press extends its conscience enough to report quite often on wrongful convictions, exonerations and the flaws with the criminal justice system. But the press needs to take responsibility and think about these lessons when doing daily beat reporting on crime and trials.</p><a href="http://www.fair.org/index.php?page=3398" target="_blank">Read the full story here</a>. (Extra!, November/December 2007)</blockquote><blockquote> </blockquote>    ]]></description>
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<title>A stay in Georgia, but for how long?</title>
<pubDate>Wed, 24 Sep 2008 17:55:00 EST</pubDate>
<description><![CDATA[ <p>The U.S. Supreme Court yesterday issued a stay of execution for Troy Davis less than two hours before he was scheduled to be executed in Georgia. Davis had already said what he thought would be final goodbyes to his family members, and he had recorded his final statement. Davis, 39, has been on Georgia's death row for nearly two decades for a murder he has always said he didn't commit. <br /><br />The court announced that the stay would grant the justices time to consider whether to hear an appeal by Davis' attorneys as to whether Davis deserves a new trial or a hearing based on new evidence of his innocence. Although seven of nine non-police eyewitnesses have recanted their testimony that Davis was the shooter, the Georgia Supreme Court has rejected Davis' requests for a new hearing.<br /><br />Read more coverage:<br /><br />Atlanta Jounal Constitution: <a href="http://www.ajc.com/cherokee/content/metro/stories/2008/09/23/davis_stay_execution.html" target="_blank">Supreme Court issues stay of execution for Davis</a> (09/23/08)</p>]]></description>
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<title>Will Georgia execute Troy Davis today?</title>
<pubDate>Tue, 23 Sep 2008 11:41:00 EST</pubDate>
<description><![CDATA[ Troy Davis is set to be executed at 7 p.m. tonight, despite pleas for a new trial from around the world and mounting evidence pointing to his innocence. Davis was convicted in 1989 of shooting a police officer in a Savannah parking lot, a crime he has always said he didn't commit. The central evidence against him at trial was the testimony of several eyewitnesses, most of whom have since recanted, saying the police coerced them into testifying against Davis. Attorneys for Davis have requested a new trial to hear these witness recantations, but Georgia's courts have repeatedly denied Davis' appeals. His last hope for a stay today rests with the U.S. Supreme Court.<br /><br /><strong>Updates on the case:<br /></strong><br /><a href="http://www.ajc.com/traffic/content/metro/stories/2008/09/22/davis_execution.html" target="_blank">Atlanta Journal-Constitution: State supreme court denies Davis' stay</a><br /><br />ABC News: <a href="http://abcnews.go.com/TheLaw/story?id=5859783&amp;page=1" target="_blank">Questions linger as man's execution nears</a><br /><br />Atlanta Progressive: <a href="http://www.atlantaprogressivenews.com/news/0379.html" target="_blank">Two activists arrested at Governor's Office</a><br /><br />     ]]></description>
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<title>Paul House: the hair isn’t his, but the charges remain</title>
<pubDate>Tue, 23 Sep 2008 11:43:00 EST</pubDate>
<description><![CDATA[Last week, Tennessee prosecutors revealed that a hair found in the hand of a murder victim more than 20 years ago did not belong to Paul House, the man who spent more than two decades on death row for the murder. House, 46, was granted a new trial late last year and released in July while the new trial was pending. He has multiple sclerosis and cannot walk or feed himself. He lives with his mother.<br /><br />The trial is set to begin on October 13, and prosecutors said last week they planned to go forward with the trial despite new mitochondrial DNA test results showing that a hair found in the palm of the murder victim belonged to neither House nor the victim's husband. <br /><br />House's first conviction was overturned by a state judge after the U.S. Supreme Court heard the case and ruled that no reasonable juror would convict House based on the current evidence. The Innocence Project filed a friend of the court brief in that case.<br /><br />In a letter to the Nashville Scene yesterday, Tennessee State Rep. Mike Turner wrote:<br /><blockquote>As a State Representative I am committed to ensuring that the citizens of Tennessee have faith in the justice system.. The case of Paul House casts grave doubt on the "justice" of the system. Given that the state of Tennessee is dealing with a significant budget shortfall how can we justify the cost of another trial for Mr. House with no evidence pointing his guilt? How much money has already been spent attempting to keep House on death row? Now with even more DNA evidence pointing to House's innocence how can General Phillips justify his decision to move forward with a new trial?<br /></blockquote><a href="http://blogs.nashvillescene.com/pitw/2008/09/the_paul_house_tragedy_continu.php" target="_blank">Read Turner's full letter</a>. (Nashville Scene, 09/22/08)<br /><br />Coverage of developments in House's case:<br /><br />Knoxville News: <a href="http://www.knoxnews.com/news/2008/sep/18/judge-called-witness-stand-house-federal-hearing/" target="_blank">Prosecutor confirms hair in victim's hand not House's</a><br /><br />   ]]></description>
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<title>Five years free, and still no compensation</title>
<pubDate>Tue, 23 Sep 2008 17:15:00 EST</pubDate>
<description><![CDATA[<img src="http://www.innocenceproject.org/Images/blog/calvin_willis.jpg" alt="" hspace="50" vspace="10" align="center" /><p> Today marks the fifth anniversary of <a href="http://www.innocenceproject.org/Content/297.php">Calvin Willis</a>&#39;s exoneration in Louisiana. After serving 21 years in prison for a crime he did not commit, Willis was finally released when post-conviction DNA testing excluded him as the perpetrator of a 1981 rape. <br /> <br />In June 1981, an intruder entered a home in Shreveport, Louisiana, where three girls (aged 7, 9, and 10) were sleeping. The 10-year-old awoke to a man standing above her. The attacker proceeded to choke her and banged her head against the wall. The victim fled to the back yard, but the perpetrator caught up, kicking her in the stomach. During the struggle, the victim lost consciousness and was sexually assaulted. Police were not contacted until the next morning, when a woman returned to the house. <br /> <br />Although police said one of the girls identified Willis as her attacker, the girl later said she never saw Willis' photo and she did not identify him in court. He was also considerably smaller than the attacker described to police by the girls. A rape kit was collected from the victim, and semen from the perpetrator was identified, showing that the perpetrator must have type O blood. Calvin Willis has type O blood, as do 49 percent of African-American men in the United States. This evidence was presented at Willis' trial to show that he could have been the attacker.<br /><br />In 1998, the Innocence Project began to search for evidence in Willis' case. DNA testing on items from the crime scene proved that another man was the attacker and led to Willis' release on September 18, 2003. He was officially cleared on September 23, 2003.<br /> <br />Upon his release Willis said, &quot;People don&#39;t know what exonerated is. When you have been in prison for 20 years there is a stigma. I am going to file for a full pardon from the governor.&quot; Two years after Willis was exonerated, Louisiana passed a law compensating the wrongfully convicted for $15,000 per year served, up to a maximum of $150,000. (The federal standard is $50,000 per year.) Willis, however, has yet to be compensated. <br /><br />Watch a video interview with Willis and his friend, exoneree Rickey Johnson, <a href="http://www.youtube.com/watch?v=BxNfZQYJm94" target="_blank">here</a>.<br /><br /><a href="http://www.innocenceproject.org/news/LawView1.php">Find out if your state offers compensation and how you can help here</a>.<br /> <br /><strong>Other exoneration anniversaries this week:</strong><br /><br />Monday: <a href="http://www.innocenceproject.org/Content/52.php">Chester Bauer</a> (Served 8 Years, Exonerated 9/22/1997) </p><p>Saturday: <a href="http://www.innocenceproject.org/Content/83.php">Frederick Daye</a> (Served 10 Years, Exonerated 9/27/1994) </p>]]></description>
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<title>Illinois lawmakers take exoneree compensation into their own hands</title>
<pubDate>Tue, 23 Sep 2008 17:25:00 EST</pubDate>
<description><![CDATA[Illinois legislators this week voted to override a veto by Gov. Rod Blagojevich, improving the compensation the state pays to the wrongfully convicted after their release. The state's former law, originally passed in 1945, was deeply flawed, with tiny payments for the exonerated and a requirement to wait for a pardon from the governor in order to receive compensation. <a href="http://www.innocenceproject.org/Content/1422.php">Blagojevich has been notoriously slow in processing pardon applications</a>.<br /><br />The new compensation law pays the exonerated up to $200,000, and provides critical job search and job placement services. <br /><br />Rob Warden, the executive director of the Center on Wrongful Convictions in Chicago, wrote about the new law today on the Huffington Post.<br /><blockquote>In a reversal of political stereotypes, the Republican Ryan, who left office in 2003, was sensitive in the way his successor, the Democrat Blagojevich, hasn&#39;t been to the predicaments in which the exonerated typically find themselves upon leaving prison: impoverished and, still officially classified as ex-cons, veritably blacklisted from employment opportunity.<br /></blockquote><a href="http://www.huffingtonpost.com/rob-warden/fed-up-with-waiting-for-b_b_128509.html" target="_blank">Read the full story here</a>. (Huffington Post, 09/23/08)<br /><br />   ]]></description>
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<title>U.S. Supreme Court stays Georgia execution</title>
<pubDate>Tue, 23 Sep 2008 17:45:00 EST</pubDate>
<description><![CDATA[ Just hours before Troy Davis was scheduled to be executed in Georgia for a crime he has always said he didn't commit, the U.S. Supreme Court issued a stay this evening, delaying the execution so an appeal challenging Davis' conviction can move forward. See today's earlier blog for more on the case.<br /><br />News of today's Supreme Court stay:<br /><br />Associated Press: <a href="http://ap.google.com/article/ALeqM5jhQApEoEL-uLsrCXRQzPN5FmpNXgD93CM1QG0" target="_blank">US Supreme Court delays execution of Ga. man<br /></a><br /><br />   ]]></description>
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<title>Rape victim seeks posthumous exoneration of the man she misidentified</title>
<pubDate>Mon, 22 Sep 2008 15:25:00 EST</pubDate>
<description><![CDATA[For 23 years, Michelle Mallin thought Timothy Cole had raped her in 1985. She had identified him in two lineups and he had been convicted of raping her and sentenced to 25 years in prison. He claimed his innocence, however, until the day he died in prison of asthma in 1999. <br /><br />In 1995, another man, Jerry Wayne Johnson, starting admitting in letters that he committed the crime. His claims fell on deaf ears for the more than a decade. Last year, the Innocence Project of Texas began investigating the case, and new DNA testing indeed proves that Cole was innocent and that Johnson committed the rape. Cole's family, along with the Innocence Project of Texas, is now pushing for his exoneration, and they have an ally in Mallin.<br /><br />On Friday, Mallin visited Cole's mother in Fort Worth, and asked her forgiveness.<br /><br />&quot;I have nothing to forgive you for. You were victimized, just like he was, my son suffered so much,&quot; said Cole&#39;s mother.<br /><br /><a href="http://www.star-telegram.com/state_news/story/919707.html " target="_blank">Read the full story here</a>. (Fort Worth Star-Telegram, 09/19/08)<br /><br /><a href="http://www.wfaa.com/sharedcontent/dws/news/localnews/tv/stories/wfaa080920_lj_reaves.9506476e.html" target="_blank">Read more coverage here</a>. (WFAA, 09/20/08)<br /><br />   ]]></description>
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<title>Troy Davis set to be executed Tuesday despite evidence of innocence</title>
<pubDate>Mon, 22 Sep 2008 15:32:00 EST</pubDate>
<description><![CDATA[Nearly two decades ago, a Savannah, Georgia, police officer was killed in a fast food parking lot. Troy Davis was arrested for the crime, and nine non-police eyewitnesses testified that they saw him shoot the victim. Based almost exclusively on eyewitness testimony, Davis was convicted of the murder and sentenced to death. <br /><br />His execution is set for 7 p.m. tomorrow, and despite mounting evidence of Davis' innocence, and pleas from around the world supporting a new trial to determine the real facts in his case, the execution is still set to go forward.<br /><br />Here's what you can do to support a new trial for Davis:<br /><br />Visit Amnesty International's website to <a href="http://www.amnestyusa.org/death-penalty/troy-davis-finality-over-fairness/page.do?id=1011343&amp;n1=3&amp;n2=28&amp;n3=1412" target="_blank">send a letter to the Georgia Board of Pardon and Parole</a>.<br /><br /><a href="http://www.huffingtonpost.com/anthony-papa/susan-sarandon-stop-the-e_b_128086.html " target="_blank">Call the Georgia Board of Pardons and Parole</a>.<br /><br />Read news and commentary on the case from <a href="http://eyeid.wordpress.com/" target="_blank">Davis' sister</a>, <a href="http://www.huffingtonpost.com/anthony-papa/susan-sarandon-stop-the-e_b_128086.html" target="_blank">the Huffington Post</a>, <a href="http://www.ajc.com/gwinnett/content/metro/stories/2008/09/20/sharpton_troy_davis.html" target="_blank">the Atlanta Journal-Constitution</a>, <a href="http://www.npr.org/templates/story/story.php?storyId=94826773&amp;ft=1&amp;f=1001" target="_blank">National Public Radio</a>, and <a href="http://news.google.com/news?q=troy%20davis&amp;ie=UTF-8&amp;oe=utf-8&amp;rls=org.mozilla:en-US:official&amp;client=firefox-a&amp;um=1&amp;sa=N&amp;tab=wn" target="_blank">hundreds of other news outlets</a>.<br /><br />   ]]></description>
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<title>Young Professionals support the Innocence Project at NYC event</title>
<pubDate>Fri, 19 Sep 2008 12:45:00 EST</pubDate>
<description><![CDATA[ <img src="http://www.innocenceproject.org/Images/blog/shephard_scheck.jpg" alt="" hspace="60" vspace="10" align="center" /><p>The Innocence Project's new Young Professionals Committee held its first fundraiser on Monday night at the Rubin Museum of Art in New York City. The event was a success, featuring speeches by Innocence Project Co-Director Barry Scheck and exoneree David Shephard, who served more than nine years in New Jersey for a crime he didn't commit. Above, Scheck and Shephard onstage at the event.<br /><br />The event raised money for the <a href="https://secure2.convio.net/ip/site/Donation2?idb=815315971&amp;df_id=1180&amp;1180.donation=form1&amp;JServSessionIdr001=1ol14g5xr6.app2a">Innocence Project Exoneree Fund</a>, which supports Innocence Project clients with basic necessities like housing, shelter and clothing after their release. <a href="http://flickr.com/photos/30555863@N05/sets/72157607326842522/" target="_blank"></a></p><p><a href="http://www.nysun.com/out-and-about/young-professionals-get-behind-the-wrongfully/86041/" target="_blank">Read about the event and view a photo slideshow in the New York Sun</a>.  </p><p><a href="http://flickr.com/photos/30555863@N05/sets/72157607326842522/" target="_blank">View more photos of the event here</a>.<br /><br />Interested in hosting an event in your community? We'd love to help. <a href="http://www.innocenceproject.org/Content/529.php">Click here to get started</a>.<br /><br />Do you want to join the young professionals committee or learn more about upcoming events in New York? <a href="mailto:info@innocenceproject.org" target="_blank">Email us here</a>.<br /><br />   </p><a href="http://flickr.com/photos/30555863@N05/sets/72157607326842522/" target="_blank"></a>    ]]></description>
<link>http://www.innocenceproject.org/Content/1589.php</link>
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<title>Dallas man freed after DNA proved his innocence</title>
<pubDate>Fri, 19 Sep 2008 14:10:00 EST</pubDate>
<description><![CDATA[<p>Johnnie Earl Lindsey walked out of a Dallas courtroom this morning a free man after serving nearly 26 years in prison for a rape he didn't commit. <br /><br />He was 31 years old when he was convicted in 1982 of raping a woman in a Dallas park; he is 56 years old today. It wasn't until a year after the assault that the victim identified him as the perpetrator, in a six-photo lineup that police had mailed to her. She had said the attacker was a shirtless African-American man, and Lindsey was one of the two shirtless men in the lineup. <br /><br />Lindsey, who is represented by public defender Michelle Moore, is the 21st person cleared by DNA testing in Dallas County since 2001, more than any other county in the nation in that timeframe.</p><p><a href="http://www.chron.com/disp/story.mpl/ap/tx/6011241.html " target="_blank">Read more about his release here</a>.</p>]]></description>
<link>http://www.innocenceproject.org/Content/1590.php</link>
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<title>The week in review – several cases see some movement</title>
<pubDate>Fri, 19 Sep 2008 17:10:00 EST</pubDate>
<description><![CDATA[<p>Countless prisoners around the country are seeking to overturn their wrongful convictions and regain their freedom. It's impossible to know the exact number of innocent people behind bars in America, but the steady stream of cases in the media in which prisoners are seeking to overturn their wrongful convictions is certainly a sign that the system is broken. Here are stories on several cases that made news this week:<br /><br />Two men were released from prison today based on evidence that they were convicted of crimes they didn't commit. <a href="http://www.innocenceproject.org/Content/1590.php">Johnnie Earl Lindsey was freed</a> in Dallas after serving nearly 26 years for a rape he didn't commit, and a North Carolina judge cited mounting evidence of innocence in <a href="http://www.indyweek.com/gyrobase/Content?oid=oid%3A265108 " target="_blank">freeing Erick Daniels</a>, 22, from a North Carolina prison after he had served seven years. <br /><br />Troy Davis is set to be executed on Tuesday in Georgia for a murder he has always said he didn't commit. <a href="http://www.innocenceproject.org/Content/1587.php">Christopher Hill of the ACLU Capital Punishment Project wrote about the case here yesterday</a>, and hundreds of people <a href="http://www.ajc.com/news/content/metro/atlanta/stories/2008/09/19/davis_execution_protest.html" target="_blank">marched to support Davis in Atlanta</a>.<br /><br />Damien Echols, Jason Baldwin and Jessie Misskelley, known as the "West Memprhis Three," continue to challenge their convictions for the 1993 murders of three eight-year-old boys in Arkansas.<a href="http://www.wxvt.com/Global/story.asp?S=8993662&amp;nav=menu1344_2" target="_blank"> A judge last week rejected a claim by Damien Echols</a>, who is on death row, that new DNA evidence proves his innocence.<br /><br />Last week, CBS News' "<a href="http://www.cbsnews.com/stories/2007/11/16/60minutes/main3512453.shtml" target="_blank">60 Minutes</a>" reported that the FBI's crime lab had been conducting faulty bullet analysis for more than 40 years. Ronnie Lee Bowling was sentenced to death in Kentucky partly based on faulty bullet lead testimony from the FBI. The Kentucky Supreme Court, however, <a href="http://www.thetimestribune.com/local/local_story_263101732.html" target="_blank">ruled 4-3 yesterday</a> against overturning Bowling's conviction due to the new evidence. <br /><br />A Scottish prisoner is <a href="http://news.scotsman.com/scotland/39I-loved-my-Selina-.4504346.jp" target="_blank">seeking DNA testing</a> to prove that he didn't kill his ex-wife in 1988. John Robertson is serving life in prison for a murder he says he didn't commit, and the Scottish Criminal Cases Review Commission is reexamining the case for evidence of Robertson&#39;s innocence.<br /><br />And as wrongful convictions are overturned around the world, the Innocence Project and our partner organizations gain allies from across the criminal justice system. Dallas District Attorney Craig Watkins this week announced that he will review nearly 40 Dallas death penalty convictions to ensure that an innocent person is not executed on his watch. <a href="http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-watkins_19edi.ART.State.Edition1.2749747.html" target="_blank">An editorial in the Dallas Morning News today applauded Watkins' efforts</a>.<br /><br />And a Massachusetts District Attorney received a <a href="http://news.bostonherald.com/news/regional/general/view/2008_09_12_Bar_honors_DA_Daniel_F__Conley/srvc=home&amp;position=also " target="_blank">public service award</a> for his role in using forensic science to overturn wrongful convictions and track down perpetrators in cold cases. </p><p>"Execution's Doorstep," a new book by Leslie Lytle, <a href="http://www.executionsdoorstep.com/" target="_blank">tells the stories of five men</a> who were released from death row based on evidence that they didn't commit the crimes for which they had been convicted. </p>]]></description>
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<title>Lawsuit against Grisham, Scheck and Fritz is dismissed</title>
<pubDate>Thu, 18 Sep 2008 14:31:00 EST</pubDate>
<description><![CDATA[ A federal judge yesterday dismissed a libel lawsuit filed last year by an Oklahoma District Attorney against author John Grisham, Innocence Project Co-Director Barry Scheck and exoneree Dennis Fritz. <br /><br />Bill Peterson, the former District Attorney for Pontotoc County, Oklahoma, filed the lawsuit last year, claiming that the defendants made false public statements about Peterson's role in the wrongful convictions of Fritz and his co-defendant Ron Williamson. Grisham, Scheck and Fritz have said that Peterson ignored signs of Fritz' and Williamson's innocence while prosecuting them for murder. Grisham wrote the popular 2006 book "The Innocent Man" about the wrongful convictions of Fritz and his co-defendant Ron Williamson. Fritz wrote a memoir of his own called "Journey Toward Justice." Scheck and Innocence Project Co-Director wrote "Actual Innocence: When Justice Goes Wrong and How to Make It Right." In addition to libel, Peterson's federal lawsuit claimed the books and public comments by all of the authors defamed him and were part of a conspiracy to abolish to the death penalty.<br /><blockquote> "Where the justice system so manifestly failed and innocent people were imprisoned for 11 years (and one almost put to death)," the judge wrote in his decision throwing out the lawsuit, "it is necessary to analyze and criticize our judicial system (and the actors involved) so that past mistakes do not become future ones."<br /><br />&quot;This is a victory for free speech and for holding officials publicly accountable for their role in wrongful convictions,&quot; Scheck said in statement.<br /><br /><a href="http://ap.google.com/article/ALeqM5ggcw4NTTha-g7EV0hom_7ThtnAFwD9392I0G0" target="_blank">Read the full story here</a>. (Associated Press, 09/18/08)<br /></blockquote><a href="http://www.innocenceproject.org/Content/295.php">Read more about Fritz and Williamson's cases here</a>.<br /><br />Buy a copy of "<a href="http://www.amazon.com/Innocent-Man-John-Grisham/dp/0440243831?ie=UTF8&amp;s=books&amp;qid=1218567638&amp;sr=8-3" target="_blank">The Innocent Man</a>," "<a href="http://www.amazon.com/Actual-Innocence-Justice-Wrong-Right/dp/0451209826?ie=UTF8&amp;s=books&amp;qid=1178126933&amp;sr=1-1" target="_blank">Actual Innocence,</a>" or &quot;<a href="http://www.amazon.com/Journey-Toward-Justice-Dennis-Fritz/dp/1931643954?ie=UTF8&amp;s=books&amp;qid=1178126313&amp;sr=1-1" target="_blank">Journey Toward Justice</a>&quot; through Amazon.com and a portion of the sale will support the Innocence Project.<br /><br />     ]]></description>
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<title>Lyin' Eyes</title>
<pubDate>Thu, 18 Sep 2008 14:35:00 EST</pubDate>
<description><![CDATA[    By Christopher Hill<br />State Strategies Coordinator<br /><a href="http://www.aclu.org/capital/index.html" target="_blank">ACLU Capital Punishment Project</a><br /><br /><img src="http://www.innocenceproject.org/img/hill_christopher.jpg" alt="christopher hill" hspace="10" vspace="10" align="left" /> In the Marx Brothers movie Duck Soup there is the famous quote which has been paraphrased over the years. The quote asks, &quot;who are you going to believe, me or your lyin&#39; eyes?" That line has become particularly poignant, and much less funny, in the context of today's criminal justice system.<br /><br />In many murder cases the only evidence available is eyewitnesses' testimony, and Chico's quote has dire consequences when a jury is asked to convict someone of murder based solely on eyewitness testimony. "Lyin' eyes" are responsible for convicting Troy Davis in Georgia and sending him to death row. On Friday, September 12, Davis was denied clemency by the Georgia Board of Pardons and Paroles despite substantial and convincing evidence that he is almost certainly innocent and that faulty eyewitness testimony led to his conviction. He has filed an appeal for a hearing before the U.S. Supreme Court and the Georgia Board of Pardons and Paroles still has the discretion to hear his case again.  If those actions fail, Troy Davis is scheduled to be executed on Tuesday, September 23 .  <br /><br />Eyewitnesses were the only evidence used to convict Davis for the murder of off-duty police officer Mark MacPhail.  No murder weapon was found.  There is no physical evidence tying Davis to the crime.  There was only eyewitness testimony. <br /><br />Now, seven of the nine non-police eyewitnesses have recanted.  They say they were coerced by the police to implicate Davis. One eyewitness signed a statement that he was unable to read. Unfortunately for Davis, however, his attorneys at trial did not investigate the possible police misconduct in obtaining the witness testimony.  <br /><br />Even when people are not coerced into lying, eyewitness testimony is extremely unreliable. Research has shown - and we all know - that the human memory is not perfect and eyewitnesses sometimes just get it wrong.<br /><br />The Innocence Project has found that inaccurate eyewitness testimony is involved in more than 75% of the convictions overturned by DNA evidence. And DNA cases are a tiny slice of all convictions nationwide, so the number of wrongful convictions based on eyewitness misidentification could be astronomical.<br /><br />Several organizations have suggested solutions to improve eyewitness identification procedures. The National Association of Criminal Defense Lawyers, The Center on Wrongful Convictions, The Innocence Project and The Justice Project have all provided alternatives to the eyewitness identification systems commonly used by law enforcement agencies. These solutions include sequential double-blind presentation of suspects - where suspect (or their photos) are presented one at a time, and both the person asked to make an identification and the person asking for the identification are unaware of who in the lineup or photographs is suspected of the crime.<br /><br />Davis will not benefit from any change in eyewitness procedures. In fact, the way the statements were gathered against him was illegal.  In addition to the other procedures, perhaps there should be real and harsh punishments for law enforcement officials that coerce eyewitnesses and use that testimony. It is unacceptable that innocent people are imprisoned or sentenced to death because of unreliable and, sometimes, illegally obtained testimony. <br /><br />If Davis&#39;s execution is allowed to proceed, we could all be witnesses to the death of a man who is almost certainly innocent.  Then, we would only wish our eyes were lying.<br /><br /><br /><em>Speak up today to stop Davis' execution,<a href="http://takeaction.amnestyusa.org/siteapps/advocacy/index.aspx?c=jhKPIXPCIoE&amp;b=2590179&amp;template=x.ascx&amp;action=11288" target="_blank"> click here to send a letter urging the Georgia Board of Pardons and Paroles to grant clemency to Davis</a>. <br /></em><br /><br />           ]]></description>
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<title>Two Men Mark One Year of Freedom</title>
<pubDate>Thu, 18 Sep 2008 17:35:00 EST</pubDate>
<description><![CDATA[ <p>In 1991, <a href="http://www.innocenceproject.org/Content/1249.php">Marcus Lyons</a> dressed in his old Navy uniform, carried a large wooden cross, and attempted to crucify himself on the courthouse steps. He had recently been paroled, and these were the same steps where he was tried and wrongfully convicted three years earlier. &quot;I needed someone to listen,&quot; he said in a recent interview. However, it would take another 16 years before he was exonerated.</p><p>In November of 1987, Lyons was a recently engaged Navy Reserve Officer living in suburban Chicago when a white woman was raped in the neighboring apartment complex. While Lyons maintained he had been home that night, the victim and the neighbors matched Lyons to a police composite sketch.  Although Lyons weighed 160 pounds and the victim identified the perpetrator as weighing 200 pounds, he was brought in for questioning. </p><p>Lyons permitted police to search his apartment where they found brown polyester pants  similar to the victim&#39;s description of the perpetrator&#39;s clothing. The victim identified Lyons as the perpetrator in a photo lineup and testified at his trial, and the jury convicted him. Lyons hired a private lawyer to file an appeal on his behalf, but the attorney never filed it. He was released on parole three years after his convicted, but says he struggled with the stigma of a felony conviction for a crime he didn't commit. He was exonerated one year ago today when DNA testing proved he wasn't the man who raped the victim.</p><p>Sunday will also mark the one-year anniversary of <a href="http://www.innocenceproject.org/Content/905.php">Larry Bostic</a>&#39;s exoneration. Accused of a rape he didn't commit in 1988, Bostic pled guilty to avoid a possible harsh sentence at trial. He was sentenced to eight years in prison, and was released on parole after three years. He would later be convicted of an unrelated assault and sentenced to 17 years in prison as a repeat offender. When he was exonerated on September 21, 2007, after DNA testing proved he never committed the rape, he was just 13 days from the end of his sentence.</p><p>After his release, Bostic said: &quot;If you got an attorney telling you to take a plea agreement, and you might not win if you go to trial, what seems better to you? A little bit of time or a whole bunch of time?&quot;</p><p>Both Lyons and Bostic sought DNA testing in their cases for years before they were finally exonerated. None of the 220 people exonerated by DNA evidence would be free today if they didn't have access to DNA tests to clear their names. Seven states have no statute under which a defendant can apply for DNA testing. Is yours one? <a href="http://www.innocenceproject.org/news/LawView2.php">View our interactive map to find out</a>.</p><p>Thousands of Innocence Project supporters have signed our petition for DNA access. <a href="http://ip.convio.net/site/PageNavigator/947_Petition">Add your name today</a>.  </p><p><strong>Other exoneration anniversary this week:</strong><br /><br /><a href="http://www.innocenceproject.org/Content/47.php">Gilbert Alejandro</a>, Texas (Served 3.5 Years, Exonerated in 1994)<br /><br />   </p>  ]]></description>
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<title>Exoneree Jeffrey Deskovic: "Here's what should be done"</title>
<pubDate>Wed, 17 Sep 2008 14:45:00 EST</pubDate>
<description><![CDATA[ In a post yesterday on Alternet, Innocence Project client Jeffrey Deskovic wrote about his wrongful conviction, life after exoneration, and his recommendation for reforms to prevent future wrongful convictions.<br /><blockquote>My fortune turned in 2006, when The Innocence Project took my case. With the cooperation of District Attorney Janet DiFiore, further DNA testing proved who was the real perpetrator. On Nov. 2, 2006 all charges were dismissed and I was publicly acknowledged as innocent. I received some apologies but none were from those who played a role in wrongfully convicting me.<br /><br />Readjusting to being free, dealing with the effects of my ordeal, learning new technology, trying to rebuild relationships with my family and experiencing financial pressure have all been hard. I was released with nothing.<br /><br /><a href="http://www.alternet.org/rights/98928/i_spent_16_years_in_jail_for_a_crime_i_didn%27t_commit._here%27s_what_should_be_done./" target="_blank">Read the full post here</a>. (Alternet.org, 09/16/08)<br /></blockquote>Read more about Deskovic's case <a href="http://www.innocenceproject.org/Content/44.php">here</a>, and visit his website <a href="http://www.jeffreydeskovicspeaks.org/" target="_blank">here</a>.<br /><br />     ]]></description>
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<title>Help us raise funds for DNA testing</title>
<pubDate>Wed, 17 Sep 2008 14:55:00 EST</pubDate>
<description><![CDATA[<p>A few minutes ago, we sent an email to members of our online community, asking them to help us raise $25,000 for DNA testing for our clients. The response has been overwhelming, and we are within $4,000 of reaching the goal. We need your help to ensure equal justice for our clients -<a href="http://www.innocenceproject.org/dnatest"> <strong>please make a donation today</strong></a>. Every dollar donated through this campaign supports DNA testing for Innocence Project clients. </p><p>Not receiving Innocence Project email updates? <a href="http://www.innocenceproject.org/signup">Click here to sign up</a>. <br /><br />   </p>]]></description>
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<title>DNA clears Dallas man after 26 years in prison, could be released Friday</title>
<pubDate>Tue, 16 Sep 2008 14:05:00 EST</pubDate>
<description><![CDATA[Johnnie Earl Lindsey has been behind bars since 1981 for a rape he has always said he didn't commit, but his attorneys say new DNA test results could lead to his release on Friday. Michelle Moore, a Dallas public defender affiliated with the Innocence Project of Texas, is representing Lindsey on appeal and has filed for his release based on DNA tests showing that another man sexually assaulted the victim in this case. Lindsey is the 21st person cleared by DNA testing in Dallas County.<br /><br />Lindsey was convicted by a jury based mostly on the victim's identification of him. She initially identified him as the perpetrator a year after the attack, when a six-photo lineup was mailed to her. She had identified the perpetrator as a shirtless African-American man, and Lindsey was one of the two shirtless men in the lineup. <br /><blockquote>&quot;Juries back in the day believed that when a woman was raped, she must be able to identify her attacker,&quot; Ms. Moore said. &quot;We know so much more now. There have been so many studies about how bad eyewitness accounts can be.&quot;<br /><br /><a href="http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/091608dnmetlindsey.173e456.html " target="_blank">Read the full article here</a>. (Dallas Morning News, 09/15/08)<br /></blockquote>Stay tuned to the Innocence Blog for an update on Lindsey's case after his hearing on Friday. <br />   ]]></description>
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<title>Innocence Network urges U.S. Supreme Court to maintain safeguards against prosecutorial misconduct</title>
<pubDate>Tue, 16 Sep 2008 15:18:00 EST</pubDate>
<description><![CDATA[In a new Supreme Court brief, the Innocence Network is arguing that top-level prosecutors must be held accountable when they set policies that ignore or violate people's rights and lead to wrongful convictions. False testimony from a jailhouse informant was central in the 1980 murder conviction of Thomas Goldstein, who is suing the former Los Angeles County District Attorney because the office had no safeguards in place at the time of Goldstein's conviction to prevent snitches from testifying falsely. <br /><br /><a href="http://www.innocenceproject.org/Content/1580.php ">Read today's Innocence Project press release on the Innocence Network's friend-of-the-court brief in the Goldstein case and download the full brief</a>.<br /><br />Also today, the Texas criminal justice blog Grits for Breakfast focuses today on the difficulty to prove innocence in non-DNA cases, especially those involving snitches and informants.<br /><blockquote>A situation involving a mendacious jailhouse snitch out of Orange, Texas shows how such cases play out when DNA evidence doesn&#39;t exist to prove innocence to a certainty. KPRC-Channel 2 in Houston recently told the story of Daniel Meehan (Sept. 4) whose 1998 conviction and 99-year sentence was based in part on testimony by an informant who now says he lied to get his own cases dismissed and that prosecutors told him what to say.<br /><br /><a href="http://gritsforbreakfast.blogspot.com/" target="_blank">Read the full Grits post here</a>. (9/16/08)<br /></blockquote>A bill passed this year by the California legislature and currently awaiting Gov. Schwarzenegger's signature would require corroboration of jailhouse snitch testimony. <a href="https://secure.npsite.org/aclunc/site/Advocacy?cmd=display&amp;page=UserAction&amp;id=247" target="_blank">Send Schwarzenegger an email today</a> urging him to sign the bill and prevent wrongful convictions in his state.<br /><br />More resources:<br /><br />"<a href="http://www.law.northwestern.edu/wrongfulconvictions/issues/causesandremedies/snitches/SnitchSystemBooklet.pdf" target="_blank">The Snitch System</a>" - a report by the Center on Wrongful Convictions in Chicago.<br /><br /><a href="http://www.innocenceproject.org/understand/Snitches-Informants.php">Learn more about the role of snitch testimony in wrongful convictions later overturned by DNA testing</a>.<br />]]></description>
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<title>A man of conviction</title>
<pubDate>Mon, 15 Sep 2008 11:35:00 EST</pubDate>
<description><![CDATA[ <p>Innocence Project Case Director Huy Dao is featured in a Q &amp; A in this month's issue of the Cornell University alumni magazine. Dao has managed the intake and evaluation process at the Innocence Project for more than a decade, reading thousands of letters from inmates and evaluating their cases for possible representation. The Innocence Project gets about 250 new requests for legal help each month, and there are 7,000 cases in some stage of evaluation. Here's an excerpt from his interview with the magazine:</p><blockquote><p><strong>Q:</strong> What&#39;s your process for answering (requests)?</p><p><strong>HD:</strong> First we evaluate the case to see if it can be resolved by DNA. If it might be, or if we don&#39;t have enough information, we send the defendant a questionnaire about defense and prosecution theory, as well as what evidence was collected, what might be tested, what documents they have, who represented them, things like that.</p><p><strong>Q: </strong>Why did the project choose DNA as its standard?</p><p><strong>HD:</strong> It&#39;s a level of investigation that can be done from one place but still have nationwide scope. We can&#39;t go out and interview all of the witnesses in any given case, in any given jurisdiction. With DNA we can locate the evidence, have it tested, and do the litigation without putting resources on the ground.</p><p><strong>Q: </strong>How has this work shaped your view of the criminal justice system?</p><p><strong>HD:</strong> I don&#39;t know how anyone can not see that the system is fraught with potential for human error. As much as race and class shouldn&#39;t affect a system that is designed to be fair, we see that they do- both in targeting an investigation and in rates of incarceration. People are always asking me questions like, &quot;How many innocent people are in prison?&quot; I don&#39;t know, but there are over two million people in prison, and if 1 percent are innocent, you have tens of thousands. A 1 percent error rate-which would be good in any other system-is very disturbing. </p><a href="http://cornellalumnimagazine.com/index.php?option=com_content&amp;task=view&amp;id=197&amp;Itemid=1&amp;ed=7" target="_blank">Read the full Q &amp; A here</a>. <br /></blockquote><p>Have a case to submit to our intake department for review? <a href="http://www.innocenceproject.org/about/Contact-Us.php">Click here to get started</a>. <br />   </p>  ]]></description>
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<title>More hurdles in New York case</title>
<pubDate>Mon, 15 Sep 2008 12:54:00 EST</pubDate>
<description><![CDATA[Sammy Swift has been behind bars in New York for 15 years for a murder he has always said he didn't commit. His 1994 murder conviction was overturned in June when a state judge reviewed new DNA test results on blood from the crime scene, showing that only the victim's DNA profile - and not Swift's - was present. At his trial in 1994, prosecutors alleged that the blood could have been a mixture of Swift's and victim's blood. <br /><br />But Swift is still being held in a Cayuga County jail on $400,000 bond while he awaits a new trial. In court last week, prosecutors said they were appealing the judge's decision to overturn Swift's conviction, and don't expect a decision until the end of 2008.<br /><br /><a href="http://www.9wsyr.com/news/local/story.aspx?content_id=b9c15aa6-f369-4481-86cd-68b458743770 " target="_blank">Read more here</a>. (WYSR-TV, Syracuse)<br /><br />   ]]></description>
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<title>Ex-prosecutors reprimanded in Colorado case</title>
<pubDate>Mon, 15 Sep 2008 12:55:00 EST</pubDate>
<description><![CDATA[The Colorado Supreme Court has censured two former prosecutors for their role in the wrongful conviction of Timothy Masters in Fort Collins in 1999. Terrance A. Gilmore and Jolene C. Blair, both now judges in Colorado, were reprimanded by the Supreme Court for failing to ensure that defense attorneys received evidence that could have pointed to Masters' innocence. They have acknowledged that they didn't disclose the information.<br /><br />Masters served nearly a decade in prison for a 1987 murder before DNA tests and other evidence pointing to his innocence led to his release in January. His trial attorney, Erik Fischer, said the prosecutors could have prevented his wrongful conviction by handing over the complete evidence at trial.<br /><blockquote>&quot;If we would have had the evidence that was withheld from us, there&#39;s no doubt in my mind that Tim Masters would have been exonerated at the trial,&quot; Fischer said.<br /><br />... &quot;I don&#39;t know what to say about that,&quot; Masters said of the decision when reached by phone by The Associated Press. &quot;I spent 10 years in prison for something I didn&#39;t do. It&#39;s something, I guess.&quot;<br /><br /><a href="    http://ap.google.com/article/ALeqM5j_R7fbUTfY0V0f6qxxMHdmi7rSAwD933PAPO0  " target="_blank">Read the full story here</a>. (Associated Press, 09/10/08)<a href="http://www.denverpostplus.com/photoprojects/specialprojects/masters/masters.html#id=album-2211&amp;num=2" target="_blank"><br /></a></blockquote><a href="http://www.denverpostplus.com/photoprojects/specialprojects/masters/masters.html#id=album-2211&amp;num=2" target="_blank">Read more about Masters' case on the Denver Post website</a>.<br /><br />   ]]></description>
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<title>Dispatch from Chicago: An education in justice and advocacy</title>
<pubDate>Fri, 12 Sep 2008 10:15:00 EST</pubDate>
<description><![CDATA[ <p><strong>By Lauren Kaeseberg, Attorney, Stone &amp; Associates, LLC, Waukegan, Ill.</strong><br /><strong>Former Innocence Project Clinic Student<br /></strong><br /><img src="http://www.innocenceproject.org/Images/blog/lauren.jpg" alt="" hspace="12" vspace="10" align="left" /> Working as a Cardozo School of Law student the Innocence Project showed me firsthand the real-life effects of a broken criminal justice system. Time and resources are extremely scarce, and cases are hurried through the courts. In an age where 95 percent of cases resulting in felony convictions are settled in a plea bargain, evidence is rarely tested and the government is rarely held to its burden of proof. I learned that the maxim "innocent until proven guilty" doesn't survive outside of law books.<br /><br />In my first year of defense practice, I have been forced to face the reality that by the time an individual has been indicted, the cards are stacked - often irreversibly - against them.  The de facto presumption of guilt in our system is pervasive and incredibly hard to shake. Then, once a defendant is convicted, a system already stacked against them becomes that much more difficult to navigate. Appellate standards of review are seemingly insurmountable, long sentences have become the norm, and prisons are far away from family and home.<br /><br />To represent an individual accused of a crime is a humbling experience. I am grateful for what I learned in the Cardozo clinic at the Innocence Project. My education and experience working to overturn wrongful convictions continues to inform my work on a daily basis. I learned the importance of being up-front and honest with my clients - I am careful to never give false hope, and to include them in the process and ensure their understanding of the system as it engulfs them.<br /><br />While I am frustrated by the failings of our system, I am kept alive professionally by a different, yet parallel, emotion - empowerment. I chose to study at the Innocence Project clinic in order to learn from the best at how to be both a lawyer seeking justice and an advocate seeking change.  My time there embedded in me a deep sense of purpose and hope. I find inspiration in the knowledge that a relatively small group of lawyers can ensure that justice is done. Moreover, as the policy work of the Innocence Project has established, a small group of people can turn the system on its head and open up the eyes of the public so that they may catch a glimpse of the problems within the system.<br /><br />The lessons learned through the 220 exonerations to date are undeniable, and they force us all to be better lawyers and advocates. Each exoneration is another reminder that we must not allow the standard to be lowered in the criminal justice system. In order for there to be real justice, we cannot forget that the standard must remain innocent unless proven guilty.</p><p><br /><em>From 2005 to 2007, Lauren Kaeseberg worked at the Innocence Project as a student in the legal clinic and then as a  teaching assistant. She graduated from the Benjamin N. Cardozo School of Law in 2007, and today works as a criminal defense lawyer in Waukegan, Illinois.  </em><br />   </p>  ]]></description>
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<title>Friday links: the week behind and the weekend ahead</title>
<pubDate>Fri, 12 Sep 2008 10:45:00 EST</pubDate>
<description><![CDATA[ <p>Crime labs and forensic science continued to make news this week. </p><p>The Baltimore Sun ran a <a href="http://www.baltimoresun.com/news/local/baltimore_city/bal-id.lab07sep07,0,1263929.story" target="_blank">comprehensive story</a> on the reliability of forensic science and the process of accreditation and oversight across the country.</p><p>The Innocence Project and the Mississippi Innocence Project are reviewing hundreds of cases for potential forensic fraud and wrongful conviction, and the <a href="http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20080907/NEWS/809070372/1001/news  " target="_blank">Jackson Clarion-Ledger profiled two death row cases in Forrest County</a> involving testimony by discredited medical examiner Steven Hayne and forensic dentist Michael West.<br /><a href="http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20080907/NEWS/809070372/1001/news"></a></p><p>CBS News' "60 Minutes" Sunday night will provide an update on an investigation it aired in late 2007 about nearly four decades of faulty ballistic testimony by FBI analysts. Watch the full "60 Minutes" segment <a href="http://www.cbsnews.com/stories/2007/11/16/60minutes/main3512453.shtml?source=search_story">here</a>.</p><p>A <a href="http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20080911/OPINION/809110305/1006  " target="_blank">letter to the editor</a> from a candidate for Attorney General of Vermont responded to an <a href="http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20080812/OPINION/808120302/-1/ARCHIVE" target="_blank">editorial</a> in the paper that criticized a bill in the state that would impose mandatory minimums on convicted sex offenders without improving crime lab funding and standards. </p><p>And <a href="http://www.chicagotribune.com/news/local/chi-weis-cop-shooting-both_07sep07,0,2510227.story" target="_blank">Chicago officials are seeking to begin collecting DNA profiles</a> from police officers to eliminate them when testing samples they may have touched, but the police union is opposing the measure.<a href="http://www.chicagotribune.com/news/local/chi-weis-cop-shooting-both_07sep07,0,2510227.story"><br /></a></p>  ]]></description>
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<title>New film on wrongful convictions premieres in Toronto</title>
<pubDate>Thu, 11 Sep 2008 15:55:00 EST</pubDate>
<description><![CDATA["Witch Hunt," a new film about wrongful sexual assault convictions in California, premiered this week at the Tornoto Film Festival, with its final screening set for tomorrow. The film, narrated by Sean Penn, features the cases of several people freed from prison after serving years in prison for crimes they didn't commit. The filmmakers were joined at the premiere by lawyers from the Northern California Innocence Project and nine parents and (now grown) children featured in the film.<br /><a href="http://www.youtube.com/watch?v=b0C2aQprdIM" target="_blank"><br />Watch a trailer on YouTube</a><br /><a href="http://tiff08.ca/blogs/blog/festivaldaily.aspx?blg=7&amp;id=865&amp;t=What-Film-Can-Do-Witch-Hunt-premiere-ex" target="_blank"><br />Read a Q &amp; A from Toronto with filmmakers Dana Nachman and Don Hardy</a>.<br /><a href="http://ktffilms.com/index2.html" target="_blank"><br />Visit the film's website</a><br /><br />   ]]></description>
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<title>Sunday on “60 Minutes”: faulty forensics in FBI lab</title>
<pubDate>Thu, 11 Sep 2008 15:55:00 EST</pubDate>
<description><![CDATA[For more than four decades, experts from the FBI crime lab testified in court to a form of bullet analysis that has now been shown to be completely unreliable. They testified in thousands of cases, and sometimes provided the only evidence linking a defendant to a crime. A report scheduled to air Sunday on CBS News' "60 Minutes" will provide an update on this issue, which was revealed in a joint investigation by the Washington Post and "60 Minutes" in late 2007.<br /><br /><a href="http://www.cbsnews.com/stories/2007/11/16/60minutes/main3512453.shtml?source=search_story " target="_blank">Watch the full "60 Minutes" segment online here</a>.<br /><br />The FBI announced in 2007 that its lab had suspended bullet lead analysis testing, which was previously used to match bullets to a specific manufacturer and even to a specific batch of bullets. The FBI said these tests were unreliable, and took steps to begin identifying possible wrongful convictions caused by faulty bullet lead analysis. The Innocence Network and the National Association of Criminal Defense Lawyers joined together to form a task force to ensure that the FBI's review of possible wrongful convictions was properly conducted. <br /><a href="http://www.innocencenetwork.org/oldsite/111907_task_force.html" target="_blank"><br />Read a press release from the Innocence Network and the National Association of Criminal Defense Lawyers</a>.<br /><br /><a href="http://www.innocenceproject.org/fix/Crime-Lab-Oversight.php">Learn more about forensic oversight measures recommended by the Innocence Project to prevent wrongful convictions caused by faulty science</a>.<br /><br />   ]]></description>
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<title>Gov. Schwarzenegger can’t wait another year</title>
<pubDate>Thu, 11 Sep 2008 16:00:00 EST</pubDate>
<description><![CDATA[<p><em>Cross-posted from The California Progress Report<br /></em>By Herman Atkins</p><p><img src="http://www.innocenceproject.org/Images/blog/Atkins.jpg" alt="" hspace="10" vspace="8" align="left" />Over 20 years ago, a woman was brutally raped and robbed in a shoe store in Riverside. To this day, no one knows who committed the crime. But because of other people's mistakes, I spent almost 12 years in prison for his crime-until the Innocence Project used DNA to prove I was innocent. Even though I lost 12 years of my life and suffered the indignities and horrors of more than a decade in California's prisons, I am one of the lucky ones. For most people, there is no DNA to prove their innocence and no free lawyers to help them.</p><p>Four bills that would help reduce wrongful convictions in California were introduced in the legislature this year, and two have finally made it to the Governor's desk. The state's budget crisis killed the other two bills even though they had very moderate price tags. Nonetheless, the two bills on Gov. Schwarzenegger's desk are important first steps and he must sign them now. </p><p>Failing to enact these reforms puts public safety at risk. As in my case, when an innocent person is convicted, the investigation stops and the real perpetrator is often never found. We cannot wait one more year to take action to reduce wrongful convictions.</p><p>The first bill, SB 1589, would require corroboration for jailhouse informant testimony. Informants have good reasons to lie: they are getting something in exchange for what they say. Yet, they are persuasive. In fact, informants are the leading cause of wrongful convictions in death penalty cases. We already require corroboration for co-defendant informants; SB 1589 simply extends that same precaution to jailhouse informants. </p><p>The second bill, AB 2937, would provide more services to wrongfully convicted people and remove some of the hurdles to compensation for the innocent. Currently, wrongfully convicted people receive even less assistance than parolees who actually committed the crime. Indeed, my wife and I have established a foundation to provide assistance to wrongfully convicted people because the state does nothing. As the chair of the Council for the Wrongfully Convicted, I had the opportunity to testify before the California Commission on the Fair Administration of Justice about the difficulties we face after exoneration. My testimony led the Commission to recommend the reforms in this bill. </p><p>Also known as the Arthur Carmona Justice for the Wrongfully Convicted Act, AB 2937 is named after a brave young man who was wrongfully convicted at just 16 years old, and whom I had the opportunity to work with before he was tragically killed earlier this year. Arthur and I shared a couple of things in common: we were both wrongfully convicted based on mistaken eyewitness identification and police misconduct, and we also both had loving and dedicated families who fought for and supported us. Even with our strong support systems, we both struggled to cope with life outside of prison with virtually no help from the state that took our best years from us.<br />The Arthur Carmona Act would change that by ensuring that wrongfully convicted people have the same access to resources that ex-offenders receive when released from prison. It would also require that criminal records relating to a wrongful conviction are sealed, and would remove procedural hurdles to compensation for the factually innocent.</p><p>All of these reforms are based on recommendations by the California Commission on the Fair Administration of Justice, which spent the last three years studying our justice system and developing recommendations to make it better and more accurate. The Commission was created by the Senate in 2004, and the legislature has even passed similar bills based on the Commission's recommendations in the last two sessions. But Gov. Schwarzenegger vetoed these bills in the past, causing even a commentator on Foxnews.com to lead with the headline: "Schwarzenegger Vetoes Justice." Now the Governor can redeem himself, at least partially.<br />The bills that did not make it to the Governor this year, SB 1591 and SB 1590, would have addressed two other common causes of wrongful convictions - eyewitness misidentification and false confessions. Mine was a case of eyewitness misidentification, so I understand the need for reform, and am disappointed that our budget crisis has once again gotten in the way of justice.</p><p>Every year that goes by without these reforms, we risk sentencing more innocent people to prison or even the death penalty, we let guilty people go free, and we continue the cycle of injustice by failing to help the wrongfully convicted who are released. Justice cannot wait one more year; Gov. Schwarzenegger must sign the bills in front of him today.</p><p><a href="http://www.innocenceproject.org/california">Please contact Gov. Schwarzenegger and urge him to sign SB 1589 and AB 2937</a>.</p><p><em>Herman Atkins lives with his family in Fresno California. He is the founder of the LIFE Foundation, which provides immediate support to wrongfully convicted people on release from prison. He is also the chair of the Council for the Wrongfully Convicted, a coalition of innocent men and women who were wrongfully imprisoned. His story is one of eight featured in the acclaimed documentary, Life After Exoneration. He is a frequent lecturer and public speaker on wrongful convictions and the struggles of the wrongfully convicted on release.<a href="http://www.innocenceproject.org/Content/1349.php">Read Herman&#39;s last post on the Innocence Blog</a></em>.<br />   </p>]]></description>
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<title>Letter demands justice in Maine</title>
<pubDate>Wed, 10 Sep 2008 16:22:00 EST</pubDate>
<description><![CDATA[<p>A letter to the editor of the Kennebec Journal today demands justice for Dennis Dechaine, an Innocence Project client who has served two decades for a murder he has always said he didn't commit. Dechaine was denied DNA testing, at his own expense, before his original trial. Although new DNA test results reveal the DNA profile of an unknown male under the victim's fingernails, prosecutors continue to refuse Dechaine a new trial.</p><p><a href="http://kennebecjournal.mainetoday.com/view/letters/5390024.html " target="_blank">Read the full letter here</a>.<br /><a href="http://en.wikipedia.org/wiki/Dennis_Dechaine" target="_blank"><br />Read more about Dechaine's case here</a>.<br /> </p>]]></description>
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<title>Scheck calls for reforms in Tennessee</title>
<pubDate>Wed, 10 Sep 2008 16:40:00 EST</pubDate>
<description><![CDATA[Innocence Project Co-Director Barry Scheck testified yesterday before a panel of Tennessee lawmakers on critical reforms to prevent wrongful convictions in the state.<br /><br />In calling for a moratorium on the death penalty, Scheck highlighted the case of Sedley Alley, who was executed in Tennessee in 2006 after requests for DNA testing on Alley's behalf were repeatedly denied.<br /><blockquote>Calling the Alley case a criminal defense lawyer&#39;s &quot;worst nightmare,&quot; Scheck said Alley&#39;s earlier defense attorneys never tried to use the evidence to prove his innocence because they were focusing on his claims of mental illness as a defense.<br /><br />... Scheck also encouraged the committee to standardize police procedures such as taping confessions, taking eyewitness statements and preserving crime scene evidence. Some of the evidence in the case against Sedley Alley was destroyed years after his original trial.<br /></blockquote><a href="http://www.wsmv.com/news/17433764/detail.html" target="_blank">Read the full story here</a>. (Associated Press, 09/10/08)<br /><br />   ]]></description>
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<title>You can help level the playing field for the innocent</title>
<pubDate>Wed, 10 Sep 2008 16:45:00 EST</pubDate>
<description><![CDATA[ The Innocence Project has 278 clients, and we are committed to funding costly DNA testing in every case where it can prove innocence. DNA testing in the average case - often on multiple samples and using the most advanced technology available - costs $8,500. We need your help to continue paying for DNA testing in upcoming cases.<br /><br />Today we asked members of our online community to help us raise $25,000 online to help pay for DNA testing. <a href="http://www.innocenceproject.org/dnatest">Please donate today to help us promote fair justice</a>.<br />     ]]></description>
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<title>From gold standard to fool's gold?</title>
<pubDate>Tue, 09 Sep 2008 13:55:00 EST</pubDate>
<description><![CDATA[As DNA is used in more criminal cases and crime lab budgets are stretched thin, will DNA testing become a less-reliable form of evidence? <br /><br />A defense attorney told the Washington Post this week that he's worried false matches and plea bargains will increase in the next era of DNA testing, raising the possibility of wrongful conviction.<br /><blockquote>Laura Chase, a deputy state&#39;s attorney (in Maryland), said defense lawyers have feared challenging DNA evidence before a jury. As DNA evidence moves to less-violent crimes, she said, &quot;I think it will encourage pleas. It always has encouraged pleas, and that will make the system more efficient.&quot;<br /></blockquote>Defense lawyers, the article says, fear that innocent defendants will be persuaded to plead guilty when confronted with DNA evidence - even if that evidence doesn't necessarily connect the defendant to the crime scene. And as law enforcement agencies call for DNA testing in more minor cases - like burglaries and robberies - crime lab budgets could be stretched too far, increasing the possibility of mistakes.<br /><blockquote>&quot;It runs the risk of turning the gold standard of evidence into fool&#39;s gold,&quot; said Stephen Mercer, a Montgomery lawyer.<br /><br /><a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/09/07/AR2008090702340_pf.html " target="_blank">Read the full article here</a>. (Washington Post, 09/08/08)<br /></blockquote>The Innocence Project supports the establishment of  state forensic oversight commissions and advisory boards to ensure that crime labs are properly managed and funded. When analysts are overburdened, underpaid or poorly trained, the risk of forensic error - and wrongful conviction - are increased.<br /><br /><a href="http://www.innocenceproject.org/fix/Crime-Lab-Oversight.php">Read more about forensic oversight here</a>.<br /><br />   ]]></description>
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