Boston Globe Article Shines Light on Injustice in Massachusetts

March 5, 1982: the deadliest fire in Lowell, MA's history takes the lives of 8 people.
March 7, 1982: Victor Rosario, a 24 year old bystander, was named the prime suspect. Hours after that, Rosario signed a confession stating he and two others threw Molotov cocktails into the building, starting the blaze.


A recent Boston Globe article focuses on the shortcomings of the prosecution's case against Rosario.

Although Rosario signed a confession, the translator who assisted with the interrogation now says that Rosario was delusional at the time. Dr. Judith Edershiem, a forensic psychiatrist who reviewed with the case, opined that Rosario was suffering from alcohol withdrawal, resulting in delirium tremens ("DT's"). An examination revealed that Rosario had severe liver damage; at the time of the interrogation he had gone 48 hours without a drink. Dr. Alison Fife, a forensic psychiatrist who examined all the evidence from the interrogation, claims that the interview should have been stopped. Fife observed that Rosario was not making sense and seemed "out of control."

There are also shortcomings with the fire science used in Rosario's case. Even though he "confessed" to using Molotov cocktails, no accelerant was found at the scene of the fire. John Lentini, a prominent fire scientist, stated that if Molotov cocktails were used, there would be physical evidence of them. “It’s hard to break a beer bottle; the neck almost never breaks because it’s small and compact, and the bottom is usually in one piece,’’ said Lentini. “If they were there, they would’ve found them.’’

Arson experts who reexamined the evidence believe that the fire could have been started accidentally. The police experts cited the fire's speed, two points of origin, and certain patterns of charring as evidence of arson. But fire experts today and the National Fire Protection Association 921 Manual both state that the evidence cited is consistent with an accidental fire.


The new fire investigators say it's possible that a space heater could have been the cause of the fire. The heater was located between three rooms that had the most burn damage.

The Globe article also points out other significant shortcomings in Rosario's case, including suspect eyewitness testimony and problems with Rosario's defense attorney.

Victor Rosario, 52, has now spent more of his life in jail than out. He has filed two unsuccessful appeals. The New England Innocence Project and The CPCS Innocence Program have joined together to support Boston attorneys Andrea Petersen and Esther Horwitz in challenging this conviction.



To read the entire Globe article, go here: http://www.boston.com/news/local/massachusetts/articles/2010/06/27/notorious_lowell_arson_case_cast_in_doubt/?page=full

Conviction Movie

Conviction, a movie based on the incredible true story of NEIP exoneree Kenny Waters and his sister Betty Anne, is set to be released October 15, 2010. The movie stars Hilary Swank as Betty Anne Waters. After her brother was wrongly convicted of murder and robbery, sentenced to life in prison, and had exhausted all of his appeals, Betty Anne determined it was up to her to save her brother. A mother of two small boys, Betty Anne worked tirelessly for her brother's cause, earning her GED, Bachelor's Degree, and finally a law degree in the hopes of exonerating Kenny. She worked with Innocence Project and NEIP attorneys to prove Kenny's innocence.

Questioning the Validity of Arson Science

The well accepted fire science that convicted George Souliotes in 1997 is now coming under question. Souliotes, a Greek immigrant, was convicted of arson that killed three people including two children in Modesto, CA. He was the landlord of the building.

Arson investigations have recently come to the forefront after the execution of Todd Willingham in Texas in 2004. The fire deemed arson in Willingham's case seems now to be probably accidental. Because of this, many fire scientists have begun to review old cases to see if questionable science is convicting innocent people.

The science started to unravel because of the1992 groundbreaking guide by the National Fire Protection Association. The report is now widely embraced, but some experts still retain their old beliefs. The report shows that some assumptions about arson science are now known to be false. For example, conditions thought only to be present in arson cases have now been confirmed as typical in accidental cases, too: including melted steel and glass etched tiny cracks.

John Lentini, a prominent fire scientist who testified for Souliotes', says that a sizable number of experts still "don't want to admit they were doing it wrong."

Souliotes' fate rests on the forthcoming decision of the 9th Circuit Court of Appeals, which will soon decide whether to reexamine the case. The Northern California Innocence Project has taken on Souliotes' case. Souliotes' sister, Aleka Pantazis, 63 has also helped to bring attention to his case. Souliotes' lawyers argue that arson investigators misinterpreted the evidence at the scene.

The prosecution claimed that substance on Souliotes' shoes matched the compound that started the fire. But, Lentini says they do not have a common origin, and now the prosecutors are not disputing this.

In the meantime, all Soulites and his sister can do is wait for the decision to be handed down. Pantazis says, "what I live for is to see the day my brother will walk out. Whatever years he has left, at least he will be free."


Dolan, Maura. "13 Years Later, an Arson Case Begins to Unravel" Los Angeles Times. May, 31 2010. http://www.latimes.com/news/local/crime/la-me-arson-20100531,0,2851484,full.story

Rhode Island Legislators Propose Improved Eyewitness Identification Methods

A recent article published in the The Providence Journal discusses the importance of legislation that would improve eyewitness identification methods in the state of Rhode Island. In the wake of a 2007-2008 survey conducted by the Rhode Island Office of the Public Defender, which reported that there have been at least seven cases of wrongful convictions as a result of faulty eyewitness IDs, Rhode Island legislators have proposed a bill that would require law enforcement agencies to follow more stringent eyewitness identification policies. Out of the 42 law enforcement agencies that responded to the survey, only 3 have written policies outlining proper eyewitness ID procedures. The legislation proposes a statewide standard for proper procedures. One of the sponsors of the bill, Sen. Harold M. Metts, (D-Providence) believes law enforcement agencies should implement best practices. “Anything to enhance the process, that’s what we need to do,” Metts said.

Both law enforcement agencies and attorneys understand the persuasive force of eyewitness testimony in the courtroom. Many social scientists, however, are skeptical of such evidence. According to the article, “Social scientists say stress, gaps in memory or the desire to make an identification at all costs can lead to mistakes.” With these factors in mind, the proposed legislation would mandate certain practices, such as live and photo lineups that include “fillers” who fit the suspects general characteristics.

The article also examines the experience of Brown University student Reade Seligmann. In 2006, Seligmann learned the consequences of misidentification firsthand when he and two Duke lacrosse teammates were wrongfully accused of raping an exotic dancer who picked them out of a faulty photo array made up of only Duke lacrosse players. According to data compiled by the New York based Innocence Project, 79 percent of the 252 people exonerated through DNA evidence were convicted on the basis of faulty eyewitness identification. “When you have your life taken out of your hands, it’s terrifying,” said Seligmann.

http://www.projo.com/news/content/EYEWITNESS_ID_05-16-10_L6I5777_v39.88b4f80.html#

DNA Access Law Passed in Alaska

Today, the Alaska State Legislature passed legislation granting access to post conviction DNA testing. Additionally, the law will require the preservation of evidence following a conviction. This milestone legislation is a significant step forward for inmates seeking post conviction relief through DNA testing, many of whom did not have the technology available at the time of their trial. The success in Alaska leaves only two states without such laws, Massachusetts and Oklahoma. A link to the legislation is provided below.

http://www.legis.state.ak.us/basis/get_bill.asp?session=26&bill=SB+110

NEIP Exoneree to speak before the Boston Rotary Club

NEIP exoneree Dennis Maher will be speaking before the Boston Rotary Club to discuss the many issues involved with wrongful convictions as well as his own 1984 wrongful conviction. Additionally, Mr. Maher is expected to address the problem of Massachusetts’ DNA access laws and the importance of the legislation. The event will be taking place at the Boston Park Plaza Hotel on Wednesday, May 12th from 6 to 7:30.

Background:
Dennis Maher was convicted in two separate trials of attacks on three women. In March 1984, he was found guilty of the rape and assault of two women in Lowell on consecutive evenings in November 1983. In April 1984, he was convicted of the August 1983 rape of another woman in Ayer. After the second trial, Maher was sentenced to life in prison. Under Massachusetts law in effect at the time of his convictions, he was also civilly committed to Bridgewater Treatment Center. Maher, a U.S. Army sergeant at the time of his arrest, had always asserted his innocence and wrote to The Innocence Project for help. The Innocence Project tried repeatedly to gain access to the biological evidence collected from the victims, but was told that the evidence couldn’t be found. In 2001, NEIP located long-misplaced evidence from the Lowell trial in the basement of the Middlesex Superior Court. In December 2002, DNA test results excluded Dennis Maher as the source of semen on the evidence. After Maher was excluded as the source of semen in the Lowell case, in February 2003, the Middlesex District Attorney's Office located at the Ayer Police station a slide prepared from the rape kit of the Ayer rape victim. This slide was submitted for DNA testing and Maher was again excluded as the source of semen. Dennis Maher was exonerated in April 2003 after 19 years in prison. He was represented by NEIP attorneys and by the Innocence Project in New York.

New England Innocence Project Exoneree Dennis Maher Calls for Massachusetts to Pass Crucial DNA Laws

Dennis Maher was convicted and sentenced to life in prison for committing three rapes in 1983. In 2003, after spending 19 years behind bars, Dennis was freed because DNA tests proved that he was innocent of the crimes. In a recent editorial in The Patriot Ledger, Maher emphasizes the importance of access to DNA testing for inmates with claims of actual innocence. In Maher's case, it took an extra six years to get the DNA tested because Massachusetts is one of only three states that lack a post-conviction DNA access law. Maher says, "That needs to change this year."

Maher also refers to a report released by the Boston Bar Association Task Force to Prevent Wrongful Convictions in December 2009, which is entitled "Getting it Right: Improving the Accuracy and Reliability of the Criminal Justice System in Massachusetts." The Task Force was composed of police, prosecutors, defense attorneys and former judges, including four New England Innocence Project board members. Along with a variety of other recommendations for increasing the accuracy and reliability of the results the criminal justice system produces in Massachusetts, the Task Force calls for the creation of a statute providing defendants with claims of factual innocence with post-conviction access to and testing of forensic evidence and biological material (and for preservation of biological material).

Link to Maher's op-ed:
http://www.patriotledger.com/opinions/x1685419828/COMMENTARY-Time-for-a-law-granting-DNA-testing-to-prisoners


Boston Bar task force report:
http://www.bostonbar.org/ebusiness/bbapublications/newsreleaseitem.aspx?ID=7