After nearly two years, the Texas Forensic Science Commission (TFSC) has still yet to reach a decision about the Cameron Todd Willingham case, which has been pending since 2008. In 1992, Willingham was convicted of setting a fire in his home that caused the death of his two daughters. Willingham never stopped proclaiming his innocence. He was executed in 2004.
Members of the commission were reluctant to adopt the findings of the draft report, which states that the fire investigators were not negligent because they used fire investigation standards that existed at the time. One member, Sarah Kerrigan, thinks there is a disconnect between the standards used in the investigation and the ones widely accepted now. Another member, Garry Adams, said he was “not completely convinced that the science wasn’t available to the analysts” at the time of the Willingham investigation.
The commission will meet again on November 19th to hear expert testimony about the investigation standards then and now.
Click here to see video of Barry Scheck speaking in front of the TFSC last week.
Smith, Morgan. Forensic Science Commission Takes up Willingham. http://www.texastribune.org/texas-dept-criminal-justice/death-penalty/forensic-science-commission-takes-up-willingham/
NEIP provides pro bono legal assistance to inmates who have claims of actual innocence. NEIP's mission is to represent persons wrongly convicted in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island or Vermont and to advocate for the reform of our criminal justice system.
Friday, September 24, 2010
Wednesday, September 22, 2010
New England Exoneree Featured at Maine's Red Mass
NEIP exoneree Dennis Maher will be speaking at this year's Red Mass, an annual event for the legal community in Maine. The Red Mass is held for all those involved in the administration of justice.
Maher was convicted in 1984 of two counts of sexual assault and one count attempted sexual assault in Ayer, MA. He spent 19 years in prison before DNA evidence exonerated him. Maher was an army sergeant before his arrest. He had a clean criminal record and was convicted without any physical evidence linking him to the crime. Maher was finally exonerated in 2003. He now lives in Tewksbery with his wife and two children.
Maher's speech will be a departure from the normal Red Mass speakers, who are usually judges or prominent attorneys.
Harrison, Judy. "Wrongfully convicted man to speak after Red Mass." http://dailyme.com/story/2010091300000137/wrongfully-convicted-man-speak-red-mass.html
Maher was convicted in 1984 of two counts of sexual assault and one count attempted sexual assault in Ayer, MA. He spent 19 years in prison before DNA evidence exonerated him. Maher was an army sergeant before his arrest. He had a clean criminal record and was convicted without any physical evidence linking him to the crime. Maher was finally exonerated in 2003. He now lives in Tewksbery with his wife and two children.
Maher's speech will be a departure from the normal Red Mass speakers, who are usually judges or prominent attorneys.
Harrison, Judy. "Wrongfully convicted man to speak after Red Mass." http://dailyme.com/story/2010091300000137/wrongfully-convicted-man-speak-red-mass.html
Thursday, September 9, 2010
Arson Convictions in Massachusetts Coming Under Fire
In the past few months, three different arson convictions in Massachusetts have been challenged by nationally recognized fire scientists. These scientists point out that certain patterns thought to be present only in intentionally set fires are now known to occur in accidental fires as well.
In 1991, a scientific manual was published that pointed out these misconceptions. Ever since, the number of fires determined to be arson steadily declined in Massachusetts. Between 1984 and 2001, the number of fires ruled arson declined by 70%,while the total number of fires stayed relatively the same.
State Fire Marshall Stephen D. Coan credits this noticeable decrease to better fire science education and increased visibility of law enforcement.
John Lentini, one of the nation's most prominent fire scientists, says "there were a lot of accidental fires determined to be arson that weren't. I don't know any other way to interpret this dramatic decline."
Barry Scheck, co-founder of the Innocence Project, has urged prosecutors to go back and examine their old arson cases. Sheck believes that this obligation arises from knowing about the unreliabitliy of arson science. However, Coan says such reviews would be unnecessary.
One of the cases currently being questioned is the Lowell fire of 1982, for which Victor Rosario is serving a life sentence. NEIP has previously posted a blog detailing the problems with Rosario's conviction.
Another case is the conviction of James Hebshie in 2001. Hebshie ran a convenience store within an office building in Taunton, Massachusetts. After a fire consumed the whole building, Hebshie was convicted of the crime. Lentini has reviewed Hebshie's case and believes that the fire investigator got it wrong. He points out that Trooper David Domingos's determination that the fire started in Hebshie's store is inconsistent with the fact that the fire was blazing behind the walls on the opposite side of where the fire allegedly started. Lentini states, “The methodology used to determine the [fire’s] origin was outdated.’’
NEIP attorneys worked in conjunction with Hebshie's private counsel on his motion for a new trial, which is currently awaiting a decision in US District Court.
Nicas, Jack. "Scientists challenge Massachusetts arson convictions." September 8, 2010. http://www.boston.com/news/local/massachusetts/articles/2010/09/08/scientists_challenge_massachusetts_arson_convictions/
In 1991, a scientific manual was published that pointed out these misconceptions. Ever since, the number of fires determined to be arson steadily declined in Massachusetts. Between 1984 and 2001, the number of fires ruled arson declined by 70%,while the total number of fires stayed relatively the same.
State Fire Marshall Stephen D. Coan credits this noticeable decrease to better fire science education and increased visibility of law enforcement.
John Lentini, one of the nation's most prominent fire scientists, says "there were a lot of accidental fires determined to be arson that weren't. I don't know any other way to interpret this dramatic decline."
Barry Scheck, co-founder of the Innocence Project, has urged prosecutors to go back and examine their old arson cases. Sheck believes that this obligation arises from knowing about the unreliabitliy of arson science. However, Coan says such reviews would be unnecessary.
One of the cases currently being questioned is the Lowell fire of 1982, for which Victor Rosario is serving a life sentence. NEIP has previously posted a blog detailing the problems with Rosario's conviction.
Another case is the conviction of James Hebshie in 2001. Hebshie ran a convenience store within an office building in Taunton, Massachusetts. After a fire consumed the whole building, Hebshie was convicted of the crime. Lentini has reviewed Hebshie's case and believes that the fire investigator got it wrong. He points out that Trooper David Domingos's determination that the fire started in Hebshie's store is inconsistent with the fact that the fire was blazing behind the walls on the opposite side of where the fire allegedly started. Lentini states, “The methodology used to determine the [fire’s] origin was outdated.’’
NEIP attorneys worked in conjunction with Hebshie's private counsel on his motion for a new trial, which is currently awaiting a decision in US District Court.
Nicas, Jack. "Scientists challenge Massachusetts arson convictions." September 8, 2010. http://www.boston.com/news/local/massachusetts/articles/2010/09/08/scientists_challenge_massachusetts_arson_convictions/
Tuesday, August 24, 2010
Connecticut Supreme Court Declines to Rule on Important Innocence Issue
This week, the Connecticut Supreme Court unanimously upheld J'Veil Outing's 2005 murder conviction. Outing was linked to the murder by two eyewitnesses, who have both since recanted. No scientific or ballistic evidence links Outing to the crime.
Outing wanted to introduce expert testimony about the unreliability of eyewitness identifications. The testimony would have focused on recent scientific studies pointing out why witnesses sometimes erroneously identify the wrong people as suspects.
The four-justice majority believes that this case is not the right one to introduce such testimony, because other factors were more important to the verdict. The court said the exclusion of the testimony was "harmless error", because the jury could use their common sense to make the determinations themselves about the unreliability of the eyewitness. The majority relied on a 25-year old precedent holding that such testimony is not mandatory.
Three justices challenged the majority's view, claiming that relying on such an old ruling was potentially prejudicial to defendants. Justice Flemming Norcott Jr. wrote, "I simply do not think it appropriate or wise to wait for the 'right' record to come before us before we act to correct this dangerously outmoded body of case law."
The unreliability of eyewitness testimony has recently been gaining media attention. Some attorneys believe the Supreme Court will address this issue sometime in the near future.
Reitz, Stephanie. "Conn. high court upholds murder conviction" http://www.boston.com/news/local/connecticut/articles/2010/08/20/conn_court_to_rule_on_witness_ids_of_suspects/?page=full
Outing wanted to introduce expert testimony about the unreliability of eyewitness identifications. The testimony would have focused on recent scientific studies pointing out why witnesses sometimes erroneously identify the wrong people as suspects.
The four-justice majority believes that this case is not the right one to introduce such testimony, because other factors were more important to the verdict. The court said the exclusion of the testimony was "harmless error", because the jury could use their common sense to make the determinations themselves about the unreliability of the eyewitness. The majority relied on a 25-year old precedent holding that such testimony is not mandatory.
Three justices challenged the majority's view, claiming that relying on such an old ruling was potentially prejudicial to defendants. Justice Flemming Norcott Jr. wrote, "I simply do not think it appropriate or wise to wait for the 'right' record to come before us before we act to correct this dangerously outmoded body of case law."
The unreliability of eyewitness testimony has recently been gaining media attention. Some attorneys believe the Supreme Court will address this issue sometime in the near future.
Reitz, Stephanie. "Conn. high court upholds murder conviction" http://www.boston.com/news/local/connecticut/articles/2010/08/20/conn_court_to_rule_on_witness_ids_of_suspects/?page=full
Tuesday, August 3, 2010
NEIP Board Member Discusses Wrongful Convictions
This week Stanley Z. Fisher, a NEIP founding member and trustee, participated in a Boston University Law School/Legal Talk Network Podcast. Fisher, a professor at BU law, teaches classes on criminal law and wrongful convictions. Listen below to hear him speak about the causes of wrongful convictions, specific cases in New England, and what can be done to help reform the justice system.
Listen to the podcast here!
Listen to the podcast here!
Monday, July 12, 2010
Incarcerated but Free
Last Friday, Victor Rosario became one of the first Massachusetts inmates to be ordained as a minister while incarcerated.
Rosario is serving a life sentence for arson in connection to a 1982 Lowell fire that killed 8 people. Rosario was present at the scene of the fire and heard cries for help coming from the burning building. He was 24 years old at the time and had abused alcohol for most of his life. Just hours after the horrible fire, Rosario sought the help of a local minister. “When he was praying for me, I went down to the ground, and I felt this kind of peace in myself,’’ Rosario said in an April prison interview. “Like a Christian person, … you’re reborn, I felt that peace in me and I went back with the Bible thinking Sunday I would be in church.’’
Rosario, however, was in jail by Sunday and has remained behind bars ever since. During his incarceration, Rosario has run marathons, mentored fellow prisoners, and married. While still physically incarcerated, Rosario says he is mentally free from drugs and alcohol. Rosario writes, “I believe that God has called me to prison ministry. I also believe that one day I will be a free man and able to minister both inside and outside these walls that currently confine me.’’
Two weeks ago, a Boston Globe article highlighted numerous shortcomings in the investigation that raise serious questions about the validity of Rosario's conviction. Rosario's legal team is expected to file a motion for a new trial later this summer.
Nicas, Jack. "Behind bars, convict's spirit is free." http://www.boston.com/news/local/massachusetts/articles/2010/07/11/behind_bars_convicts_spirit_is_free/
Rosario is serving a life sentence for arson in connection to a 1982 Lowell fire that killed 8 people. Rosario was present at the scene of the fire and heard cries for help coming from the burning building. He was 24 years old at the time and had abused alcohol for most of his life. Just hours after the horrible fire, Rosario sought the help of a local minister. “When he was praying for me, I went down to the ground, and I felt this kind of peace in myself,’’ Rosario said in an April prison interview. “Like a Christian person, … you’re reborn, I felt that peace in me and I went back with the Bible thinking Sunday I would be in church.’’
Rosario, however, was in jail by Sunday and has remained behind bars ever since. During his incarceration, Rosario has run marathons, mentored fellow prisoners, and married. While still physically incarcerated, Rosario says he is mentally free from drugs and alcohol. Rosario writes, “I believe that God has called me to prison ministry. I also believe that one day I will be a free man and able to minister both inside and outside these walls that currently confine me.’’
Two weeks ago, a Boston Globe article highlighted numerous shortcomings in the investigation that raise serious questions about the validity of Rosario's conviction. Rosario's legal team is expected to file a motion for a new trial later this summer.
Nicas, Jack. "Behind bars, convict's spirit is free." http://www.boston.com/news/local/massachusetts/articles/2010/07/11/behind_bars_convicts_spirit_is_free/
Thursday, July 1, 2010
New Jersey at the Forefront of Eyewitness Misidentification Reform
Over 10 years ago, the New Jersey Supreme Court handed down a landmark ruling requiring judges to instruct juries about the reliability problems with cross-racial identifications when the identification is not corroborated by other evidence. This ruling came after McKinley Cromedy was exonerated through DNA testing. Cromedy spent five years in prison for a rape he did not commit. The only hard evidence presented at his trial was the victim’s testimony identifying him as her attacker.
Last month the Special Master appointed by the New Jersey Supreme Court in State v. Henderson released a report calling for a major overhaul of the legal standards used by courts to determine the admissibility of eyewitness identification evidence. Geoffrey Gaulkin, a retired appellate judge, submitted the report after extensive hearings on the state of the law and science of eyewitness identification. The report recognized the major scientific developments in the area of eyewitness identification and concluded that the widely-used Manson test and procedures are not “valid and appropriate in light of recent scientific and other evidence.” The Special Master made numerous findings to support his conclusion, including the following: suggestive procedures can falsely inflate the reliability of eyewitness testimony; eyewitness memory is more like physical trace evidence than a videotape recording and can be mishandled, contaminated, or degraded; non law enforcement actors can contaminate a witness’s memory. The report recommended that the reliability inquiry be expanded to include “all the variables left unaddressed” by Manson, that at least an initial burden be placed on the prosecution to produce evidence of the reliability of the eyewitness identification evidence, and that judges and juries be informed of and guided by the scientific findings regarding eyewitness identification.
"A new framework is urgently needed to address what the science has told us," said Ezekiel R. Edwards, a lawyer with the Innocence Project in New York who participated in the New Jersey investigation on the issue.
Many factors have been found to affect the reliability of an identification. The way lineups and photo arrays are administered drastically affects the dependability of an identification. New Jersey has guidelines for police officers administering lineups. These guidelines include telling the witness that the perpetrator may not be present and showing photos sequentially rather than simultaneously. Such procedures have been found to reduce the risk of misidentification.
According to the Innocence Project, eyewitness misidentification was a contributing factor in over 75 percent of US convictions later overturned by DNA evidence.
Lounsberry, Emilie. "New Jersey is a leader in addressing problems with eyewitness testimony." The Pennsyvania Inquirer. June 28, 2010. http://www.philly.com/inquirer/local/pa/20100628_New_Jersey_is_a_leader_in_addressing_problems_with_eyewitness_testimony.html
See Also: Special Master Report. State v. Henderson.
Last month the Special Master appointed by the New Jersey Supreme Court in State v. Henderson released a report calling for a major overhaul of the legal standards used by courts to determine the admissibility of eyewitness identification evidence. Geoffrey Gaulkin, a retired appellate judge, submitted the report after extensive hearings on the state of the law and science of eyewitness identification. The report recognized the major scientific developments in the area of eyewitness identification and concluded that the widely-used Manson test and procedures are not “valid and appropriate in light of recent scientific and other evidence.” The Special Master made numerous findings to support his conclusion, including the following: suggestive procedures can falsely inflate the reliability of eyewitness testimony; eyewitness memory is more like physical trace evidence than a videotape recording and can be mishandled, contaminated, or degraded; non law enforcement actors can contaminate a witness’s memory. The report recommended that the reliability inquiry be expanded to include “all the variables left unaddressed” by Manson, that at least an initial burden be placed on the prosecution to produce evidence of the reliability of the eyewitness identification evidence, and that judges and juries be informed of and guided by the scientific findings regarding eyewitness identification.
"A new framework is urgently needed to address what the science has told us," said Ezekiel R. Edwards, a lawyer with the Innocence Project in New York who participated in the New Jersey investigation on the issue.
Many factors have been found to affect the reliability of an identification. The way lineups and photo arrays are administered drastically affects the dependability of an identification. New Jersey has guidelines for police officers administering lineups. These guidelines include telling the witness that the perpetrator may not be present and showing photos sequentially rather than simultaneously. Such procedures have been found to reduce the risk of misidentification.
According to the Innocence Project, eyewitness misidentification was a contributing factor in over 75 percent of US convictions later overturned by DNA evidence.
Lounsberry, Emilie. "New Jersey is a leader in addressing problems with eyewitness testimony." The Pennsyvania Inquirer. June 28, 2010. http://www.philly.com/inquirer/local/pa/20100628_New_Jersey_is_a_leader_in_addressing_problems_with_eyewitness_testimony.html
See Also: Special Master Report. State v. Henderson.
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