|
Current Developments_______________________________
- Task Force on Wrongful Conviction will concentrate its first efforts on improving the collection, analysis and preservation of forensic evidence. Handling Of Forensic Evidence Is Initial Focus Of Wrongful Convictions Task Force, New York Law Journal (NY), December 28, 2009
- Brooklyn man convicted of rape and kidnapping released after three years in prison once the victim recanted her claim. Imprisoned Man Falsely Accused Of Rape Wins Release And Apology From Judge, New York Law Journal (NYC), December 11, 2009
- Manhattan judge dismissed murder case against inmate imprisoned for 18 years finding actual innocence. Judge Says Murder Defendant Jailed for 18 Years Is Innocent, New York Law Journal (NYC), November 13, 2009
- Brooklyn District Attorney investigating conduct of Nassau County in prosecution of Queens teenager for armed robbery committed while he was in jail for another offense. Brooklyn DA Probes Wrongful Jailing In Nassau, Newsday (Nassau County), October 27, 2009
- Actual Innocence Act of 2009 proposed to help exonerate innocent people who were wrongfully convicted in cases that lack DNA evidence. Sen. Schneiderman, Assm. Jeffries, Civil Rights Groups Announce “Actual Innocence” Bill To Exonerate Wrongly Convicted, New York State Senate (NY), October 21, 2009
- New trial ordered for Poughkeepsie man twice convicted in 32-year-old murder case after discovery of withheld evidence. Judge: Man Convicted In Murder Entitled To 3rd Trial, Poughkeepsie Journal (Dutchess County), October 18, 2009
- Woman wrongfully imprisoned for more than two years due to planted evidence awarded compensation by Court of Claims. State Is Ordered To Pay $250,000 To Victim Of Evidence Tampering, New York Law Journal (CtCl), July 22, 2009
- Court of Appeals Judge Jones to co-chair Justice Task Force to look into the causes of wrongful convictions. 'Serious' Effort Vowed On False Convictions, New York Law Journal (NY), July 15, 2009
- Under Court of Claims Act, NYS liable for wrongful conviction of man imprisoned for 17 years based on eyewitness testimony that was later recanted. State Held Liable For Unjust Murder Conviction Where Only Witness Admitted Testifying Falsely, New York Law Journal (CtCl), July 6, 2009
- NYS Chief Judge to create permanent task force to investigate causes of wrongful conviction. Top Judge Plans A Task Force On Wrongful Convictions, New York Times (NY), April 30, 2009
- NYS Bar Association's House of Delegates approved recommendations for reform in Task Force on Wrongful Convictions' final report. Bar Leaders Approve Proposal To Reduce Wrongful Convictions, New York Law Journal (NY), April 7, 2009
- Both the State and City of New York have reached a settlement with one of two men wrongfully convicted of the Palladium nightclub killing in 1990. Settlement For Man Wrongly Convicted In Palladium Killing, New York Times (NYC), March 30, 2009
- Wrongly convicted of sexually assaulting his daughter, exonerated Queens man received a favorable judgment from the Court of Claims. Vindicated, But Still Not Freed From Court’ s Injustice, New York Times (NYC), March 24, 2009
- NYS Task Force on Wrongful Convictions holds hearings around the state concerning reforms to criminal justice system. Panel Hears Testimony From Prosecutors, Defense On Best Practices To Prevent Wrongful Convictions, New York Law Journal (NY), February 17, 2009
- Oneida County man convicted of rape and murder in 1989 has been exonerated by DNA evidence. DNA Clears Upstate New York Man Of Rape, Murder Charges, Syracuse Post-Standard (Oneida County), November 25, 2008
- No liability trial required for man exonerated by DNA evidence due to clear and convincing proof of right to recover damages according to the Court of Claims. Court Decides Man Wrongfully Imprisoned May Skip Liability Trial And Recover Damages, New York Law Journal (NY), November 17, 2008
- New York federal court recognizes constitutional basis for post-conviction DNA testing. Advances In DNA-Based Innocence Claims, New York Law Journal (US), September 9, 2008
- Suffolk County judge has dismissed murder charges against Martin Tankleff, who spent 17 years in prison. Judge Closes Criminal Case Against Tankleff, New York Law Journal (Suffolk County), July 23, 2008
- Newly funded Arson Screening Project will begin work at John Jay College's Center for Modern Forensic Practice. John Jay College To Launch Arson Screening Project With $250,000 Grant From Jeht Foundation, AScribe Newswire (NY), July 1, 2008
- Former NYC prosecutor changed view after reinvestigation of Palladium murder case raised concerns about defendants' guilt. Doubting Case, A Prosecutor Helped The Defense, New York Times (NYC), June 23, 2008
- 1995 Cayuga County murder conviction overturned based new DNA testing, new trial ordered. DNA Tosses Auburn Man's 1995 Murder Conviction, Syracuse Post-Standard (Cayuga County), June 20, 2008
- New York State Bar Association has created task force to look into the causes of wrongful convictions.Bar Task Force To Study Wrongful Convictions In NY, Newsday (NY), June 4, 2008
- This series of articles describes the problems with the justice system highlighted by wrongful convictions in New YorkState. Convicting The Innocent, Buffalo News (NY), May 25, 2008
- Suffolk County District Attorney has decided to dismiss charges in Tankleff case after Appellate Division reversal based on new evidence. Suffolk DA Drops Martin Tankleff Murder Case, Newsday (SuffolkCounty), January 3, 2008
- An Innocence Project report highlights the faults in New York's justice system that allow wrongful convictions to occur. New York State Not Doing Enough to Prevent Wrongful Conviction, Report Says, New York Times (NY), October 18, 2007. To see a copy of the report, click here.
- Exoneration Using DNA Brings Change in Legal System, New York Times (US), October 1, 2007
- Exonerated Westchester man files federal lawsuit against law enforcement and other government officials for wrongful prosecution. Deskovic Sues Police, Medical Examiner, Prosecutors in Wrong Conviction, Journal News (WestchesterCounty), September 19, 2007
- Westchester District Attorney's office has released a report on the causes underlying the wrongful conviction of Jeffrey Deskovic. Report Blames Wrongful Conviction on 'Tunnel Vision' of Police, Lawyers, Journal News (WestchesterCounty), July 3, 2007
- Proposed legislation would fast-track claimants suing the state over wrongful convictions. Bill Aims for Quicker Resolution of Claims in DNA Exonerations, New York Law Journal (NY), May 16, 2007
- Growing numbers of wrongful conviction cases highlight the need for a NY commission to investigate and study this problem. Appoint Commission to Study Wrongful Convictions, New York Law Journal (NY), May 15, 2007
One of a series of recently proposed bills would allow defendants who have pled guilty to pursue exculpatory DNA testing. Laws Proposed on Use of DNA to Help Prove Innocence, New York Times (NY), May 3, 2007
- Man convicted of murder faces uphill battle to exoneration despite recantation of prosecution witnesses. Accusers Recant, but Hopes Still Fade in Sing Sing, New York Times (NYC), April 13, 2007
- Legislator from NYC has sponsored a bill to create an Innocence Commission. Assemblyman Proposes 'Innocence Commission' for Wrongful Convictions , Citizen (NY), March 28, 2007
- Discovery of genetic material stored in hospital laboratory led to exoneration of man imprisoned for more than 20 years for rape. Located in Hospital, DNA Clears Buffalo Man Convicted in ¥80s Rapes, New York Times (ErieCounty), March 29, 2007
- DNA tests exonerated man who served 15 years in prison for murder. With DNA From Exhumed Body, Man Finally Wins Freedom , New York Times (CayugaCounty), January 23, 2007
- Man wrongfully convicted of robbery can seek damages from the state according to the Appellate Division. Unjustly Convicted Man Permitted to Sue State, New York Law Journal (2nd Dept), January 19, 2007
- Man imprisoned 13 years for murder released after post-conviction proceedings that led to a no-contest plea to manslaughter. Defendant Wins Freedom, but Not Vindication, New York Times (NYC), December 22, 2006
- Man convicted of murder seeks to overturn conviction based on DNA evidence pointing to another suspect. In Quest for a Killer, an Inmate Finds Vindication, New York Times (CayugaCounty), December 20, 2006
- Renewed support emerging for bill to create an Innocence Commission in New York. Prisoner Exonerations Prompt Push for 'Innocence Commission', New York Sun (NY), December 13, 2006
- Man convicted of Westchester murder exonerated by DNA evidence. DNA Clears Peekskill Man After Serving 15 Years in Prison , Journal News (WestchesterCounty), September 20, 2006
- Case of New York City man exonerated after 22 years in prison highlights problem with locating physical evidence for DNA testing. New York Fails at Finding Evidence to Help the Wrongfully Convicted, New York Times (NYC), July 6, 2006
- Appellate Division granted leave to appeal decision denying post-conviction relief in Tankleff case. Appeal in Long Island Murder Case, New York Times (NY), May 30, 2006
- DNA evidence has exonerated Rochester man convicted of murder. Inmate to Be Freed as DNA Tests Upend Murder Confession , New York Times (MonroeCounty), May 16, 2006
- Tankleff considering legal remedies after SuffolkCounty judge's denial of his motion for a new trial. Judge Denies Tankleff's Request for New Trial, Newsday (SuffolkCounty), March 18, 2006
- Man wrongfully convicted of robbery met the burden of proof to show innocence under Unjust Conviction and Imprisonment Act according to the Court of Claims. Robbery Convict Found to Meet Burden of Innocence, New York Law Journal (Ct Cl), March 15, 2006
- Wrongfully convicted man has filed a lawsuit in federal court alleging misconduct by the Queens District Attorney's office in dozens of cases. Exonerated, Queens Man Decides to Sue Prosecutors, New York Times (Queens), February 16, 2006
- Suffolk County Court judge has ordered hearing in Tankleff case to evaluate new exculpatory witness testimony.Judge OKs Reopened Tankleff Case Hearing , Newsday (SuffolkCounty), October 28, 2005
- Exonerated man filed malpractice suit against Barry Scheck and his law firm , Cochran, Neufeld & Scheck, for allegedly missing filing deadline in compensation action in Court of Claims. Malpractice Action Claims Scheck Missed Deadline, New York Law Journal (EDNY), October 27, 2005
- Conviction of man accused of murder in Palladium nightclub vacated by New York City judge based on newly discovered evidence. Judge Upsets Palladium Conviction, New York Law Journal (NYC), October 20, 2005
- Brooklyn murder conviction reversed due to evidence of false testimony by key witness. Framed Man Freed After 19 Years, CNN (Brooklyn), September 30, 2005
- Nassau County Supreme Court Justice has issued an opinion permitting false confession expert to testify in murder trial, while another judge has ruled contrarily from the bench in a different case. Courts Issue Opposing Rulings on False Confession Studies,New York Law Journal (NassauCounty), September 27, 2005
- Wrongfully convicted man who spent more than a decade in prison for a NYC murder conviction faces deportation. Fourteen Years Later, Conviction in Palladium Murder Case Is Overturned, NY1 News (NYC), July 29, 2005
- Man wrongfully convicted of rape was entitled to summary judgment on issues of unjust prosecution and imprisonment according to the Appellate Division Second Department. Court Finds Liability in Unjust Conviction, New York Law Journal (2nd Dept), July 8, 2005
- Tankleff attorneys file motion seeking dismissal or new trial after lengthy hearings considering newly discovered evidence. Final Plea for New Tankleff Trial, Newsday (SuffolkCounty), March 22, 2005
- Prosecutors consented to early release of prisoner to settle federal lawsuit over allegations they failed to reveal criminal history and false statements of key witness at murder trial. Dubious Account Led to 9 Years in Prison, New York Times (Queens), March 16, 2005
- Arrest of wrong man by trooper who had not received or seen judicial warrant entitled him to file suit for false arrest according to the Court of Claims. False Arrest Claim Based on Lack of Warrant Upheld, New York Law Journal (NY), Feb. 17, 2005
- Motion for new trial in Tankleff case and the impact of newly discovered evidence challenging his conviction to be determined by SuffolkCounty judge. After 14 Years, Another Crack at Justice, New York Times (SuffolkCounty), January 30, 2005 andFinal Evidence Heard in Martin Tankleff's Motion for New Trial, New York Law Journal (SuffolkCounty), February 8, 2005
- Retired Manhattan judge lends support to Tankleff request for reinvestigation and new trial. The Tankleff Matter, New York Law Journal (SuffolkCounty), January 25, 2005
- Scott Christianson, author of "Innocent: Inside Wrongful Conviction Cases" (2004), reviews the issues surrounding wrongful convictions in New YorkState. Guilty Verdict, Albany Times Union (NY), January 23, 2005
- Five men exonerated in Central Park Jogger attack have filed suit against New YorkState for wrongful conviction. Five Cleared in Jogger Assault Sue, New York Daily News (NYC), January 7, 2005
- David Wong, exonerated of murder after serving 18 years in prison, faces deportation. Chinese Immigrant Wrongfully Convicted in America, Asianweek (ClintonCounty), January 5, 2005. For more information, see David Wong Support Committee
Current Developments Outside New York__________________
- Supreme Court Orders Hearing On Death Row Inmate’s Innocence Claim, ABA Journal Law News Now (US), August 17, 2009
- New Efforts Focus On Exonerating Prisoners In Cases Without DNA Evidence, New York Times (US), February 8, 2009
- Wrongful Convictions Pinned To Old Forensic Science, Omaha World-Herald (NE), November 13, 2008
- Exonerated Man Helps Launch National Innocence Investigation Company, ABA Journal Law News Now (US), October 24, 2008
- DNA Exonerations, Dallas Morning News (TX), October 10, 2008
- Innocent Until Reported Guilty, Miller-McCune (US), September 23, 2008
- Dallas County DA Wants To Re-Examine Nearly All Of Pending Death Row Cases, Dallas Morning News (TX), September 16, 2008
- Virginia Court Grants First-Ever Innocence Writ, Washington Post (VA), August 13, 2008
- Consensus on Counting the Innocent: We Can’t, New York Times (US), March 25, 2008
- Inmate: Why Did I Get Life Sentence If Another Person Confessed?, Chicago Sun-Times (IL), March 10, 2008
- Pursuit Of Justice: Private Lab Offers Free DNA Tests In 30 Cases, Columbus Dispatch (OH), January 31, 2008
- Problem Of False Confession In America, Champion, December 2007
- Defending The Innocent: Interrogation And False Confession, Champion, December 2007
- Defending Unrecorded False Confession Cases, Champion, December 2007
- Overshadowing Innocence: Evaluating and Challenging The False Confession, Champion, December 2007
- Dallas DA Hires Defense Lawyer to Help Free Wrongly Convicted, ABA Journal Law News Now (TX), January 28, 2008
- Test of Convictions Series, Columbus Dispatch (OH), January 2008
- Utah Defense Attorney Wants Nonrecorded Police Interrogations Ruled Inadmissible In Court, Salt LakeWeekly (UT), December 13, 2007
- Compensating the Wrongly Convicted, New York Law Journal (US), October 12, 2007
- DNA Innocence Testing for Convicts on Back Burner, USA Today (US), October 10, 2007
- Using Polygraph Evidence, Sex-Assault Defendant Acquitted in Summit, Plain Dealer (OH), August 21, 2007
- Innocents in Prison, National Journal (US), August 6, 2007
- Record $100 Million for Unjust Conviction, ABA Law Journal News (MA), July 26, 2007
- Study of Wrongful Convictions Raises Questions Beyond DNA, New York Times (US), July 23, 2007
- States' Compensation for Wrongful Imprisonment Ranges From Zero to Millions of Dollars, Christian Science Monitor (US), May 30, 2007
- Murder Appeal With a Twist: No DNA, National Law Journal (MI), June 11, 2007
- Weeding Out the Innocents, Los Angeles Times (US), June 11, 2007
- Supreme Court Throws Out Three Death Sentences in Texas, Law.com (US), April 26, 2007
- DA Gets DNA Review Team, Dallas Morning News (TX), April 25, 2007
- Innocence Project Wants More State Commissions to Examine Justice System, National Law Journal (US), April 24, 2007
- Where Victims' Rights Go Wrong, Washington Post (US), April 23, 2007
- DNA to Clear 200th Person, USA Today (US), April 22, 2007
- Three Cheers for Lawyers, Wall Street Journal (US), April 17, 2007
- DNA Tests Rescue 200 Wrongly Convicted, Star-Ledger (NJ), April 9, 2007
- Innocence Project to Review Dallas County Convictions, Dallas Morning News (TX), February 16, 2007
- Wrongs That Now Can Be Righted, Times (UK), February 13, 2007
- Behind Bars, But Not Guilty?, Lancaster Online (PA), February 4, 2007
- DNA Clears Man Who Confessed to Attack, Courier-Journal (KY), January 11, 2007
- 75 Convicts Claim Innocence to Commission, News & Observer (NC), December 27, 2006
- Virginia DNA Review Hobbled, Washington Post (VA), December 27, 2006
- Scheck, Firm Agree to Pay $900,000 to Settle Lawsuit , New York Law Journal (EDNY), November 21, 2006
- False Confessions-Contrary to Most Jurors' Experience ,New York Law Journal (US), November 17, 2006
- Court of Appeals: Court Wrong to Limit DNA Evidence, Examiner (MD), October 25, 2006
- After 21 Years, DNA Testing Sets Man Free in Rape Case , New York Times (CT), October 7, 2006
- Defense Attorney Among Members of NC Innocence Commission , News Observer (NC), September 28, 2006
- Lab Didn't Bother With DNA, Chicago Tribune (IL), August 25, 2006
- False Confessions to Sensational Crimes Are Nothing New,Atlanta Journal-Constitution (US), August 24, 2006
- How Much Do We Owe Exonerated Inmates?, Chicago Tribune (IL) August 17, 2006
- North Carolina to Weigh Claims of Innocence, Los Angeles Times (NC), August 4, 2006
- Courts Remain Hostile to Wrongly Imprisoned Seeking Compensation, NapaValley Register (CA), August 2, 2006
- North Carolina Lawmakers OK Innocence Commission , Boston Globe (NC), July 26, 2006
- Panel Seeks to Curb False Confessions , Los Angeles Times (CA), July 26, 2006
- Are Some Wrongful Convictions Inevitable? Experts Don't See Police Errors in Tillman Case, Journal Inquirer (CT), July 21, 2006
- Wrongly Convicted Man Is Set Free, St. Louis-Dispatch (MO), July 20, 2006
- Measure May Aid Wrongly Convicted, News & Record (NC), July 17, 2006
- Cry of Innocence: A New Layer of Review for North Carolina Prisoners Who Claim Innocence Should Have to Operate Openly and Independently, Charlotte News-Observer (NC), July 13, 2006
- Wrongful Conviction Lawsuit Goes to Trial, Seattle Post-Intelligencer (IL), July 11, 2006
- As DNA Exonerates More Inmates, Questions Linger on Compensation, Newsday (CT), July 9, 2006
- Long Fight to Free Man Convicted of Child Abuse Killing,Los Angeles Times (CA), June 16, 2006
- Eyewitness Testimony Doesn't Make It True, Hartford Courant (CT), June 11, 2006
- Legal Fees in Washington Case Top $500,000 and Counting, Associated Press (VA), May 31, 2006
- Why Did It Take So Long?, CentreDaily.com (NJ), May 31, 2006
- Long Nightmare Ending for Wrongly Convicted Man, Times-Picayune (LA), May 26, 2006
- North Carolina Court Stops Execution for Test, Associated Press (NC), May 10, 2006
- Errors Prompt States to Watch Over Crime Labs, USA Today (US), March 30, 2006
- 45 Crime Lab Cases Will Get Legal Reviews, Houston Chronicle (TX), March 15, 2006
- Judge Orders Release of Man Held in '91 Rape, Philadelphia Inquirer (PA), February 23, 2006
- Righting Past Wrongs, Philadelphia Inquirer (PA), February 22, 2006
- Wrongful Convictions: Facing Up to the Flaws in Our Justice System, Oregonian (OR), February 8, 2006
- False Convictions (2 Letters), New York Times (US), February 2, 2006
- Local DNA Expert Faces Investigation in Chicago case , Grand Rapids Press (MI), February 1, 2006
- We Were Convicted, but We're Innocent (4 Letters), New York Times (US), January 31, 2006
- DNA Tests Gain Ground as Legal Defense, Christian Science Monitor (US), January 31, 2006
- To Protect the Innocent: Panel Proposed to Study Justice System in State, Patriot-News (PA), January 24, 2006
- Should DNA Results Lead to New Trials?, Christian Science Monitor (US), January 11, 2006
- No Justice for the Exonerated , Philadelphia Daily News (US), January 9, 2006
- When the Flood Ruined DNA Samples at NOPD Headquarters, It Washed Away Hope for Inmates Trying to Prove Their Innocence, Times-Picayune (LA), January 9, 2006
- DNA Retesting Ordered 12 Years After Man Executed, Virginian Pilot (VA), January 5, 2006
- Murder Conviction Tossed After He Served 7 1/2 Years, Enquirer (OH), December 16, 2005
- Two Exonerations by DNA Tests Raise Possibility of More , Washington Post (VA), December 16, 2005
- Let's Arrest Wrongful Convictions, Atlanta Journal-Constitution (GA), December 14, 2005
- Wrongly Convicted Man to Get $2 Million for His Prison Ordeal, Miami Herald (FL), December 9, 2005
- After 24 Years in Prison, Man Has a Reason to Smile, New York Times (GA), December 8, 2005
- DNA Tests Clear Georgia Inmate of Rape Charges, Associated Press (GA), December 8, 2005
- Did Texas Execute an Innocent Man?, Houston Chronicle (TX), November 19, 2005
Innocence Project Leads to Different Lives on the Outside, Gazette (US), November 18, 2005 Trouble Follows Many After Release From Prison , Green Bay Press Gazette (WI), November 11, 2005
- DNA Should Free Inmate, Attorney General Says , Plain Dealer Reporter (OH), October 29, 2005
- Third-Party Culpability DNA Evidence, New York Law Journal (US), October 4, 2005
- Twelve Years in Jail for Murder That May Not Have Happened 'Hell,' Man Says, Star Phoenix (CAN), September 22, 2005
- Wrongly Convicted Man Seeks $150,000, 2theAdvocate (LA), September 22, 2005
- State DNA Lab Review Finds Only One Major Error, Virginian-Pilot (VA), September 17, 2005
- Bill Calls for Justice System Reform, Milwaukee Journal Sentinel (WI), August 17, 2005
- Governor's Order Gives Leeway for DNA Evidence Reviews , Palm Beach Post (FL), August 6, 2005
- Missouri Prosecutor Reinvestigates Old Cases , Associated Press (MO), July 31, 2005
- Innocent Suspects Confess Under Pressure, MSNBC (US), July 26, 2005
- From Death Row, to Vindication, to Voice for Justice, Detroit Free Press (MI), April 25, 2005
- Preventing Wrongful Convictions: It Highlights Mistaken Identification in Nine of 11 Virginia Cases, Richmond Times-Dispatch (VA), March 30, 2005
- DNA Tests Clear Man Convicted of Girl's '92 Murder, Chicago Sun-Times (IL), March 27, 2005
- Jailed 24 Years, Freed by DNA, Chicago Tribune (LA), March 7, 2005
- State Owes the Innocent Their Freedom, St. Petersburg Times (FL), March 6, 2005
- Convicted Felon Sues Attorneys , Daily Local (PA), Feb. 12, 2005
- Behind Bush's Bid to Save the Innocent, Washington Post (US), February 4, 2005
- 12 Years Behind Bars, Now Justice at Last, Chicago Tribune (IL), February 1, 2005
- Lawyer Says Police 'Promises' Led to Lie, Muskegon Chronicle (MI), January 31, 2005
- Wrongful Convictions Plague Justice Systems in Canada and Abroad, Says Report, MacLeans (CAN), January 25, 2005
- For the Wrongly Convicted, New Trials Once the Cell Opens, New York Times (UT), January 25, 2005
- UK Man Granted New Trial in Ohio Arson Murder, Reuters (OH), January 25, 2005
- Jury Awards $6.6 Million to Man 'Framed' by FBI , Chicago Tribune (IL), January 24, 2005
- City Council Agrees to Settle Wrongful Arrest Suit in Ryan Harris Murder, Chicago Tribune (IL), January 11, 2005
- CNN Features Falsely Jailed Billings Man , Billings Gazette (MT), January 9, 2005
- Not Guilty: With the Innocence Project, Law and Journalism Students Work to Free Innocent Prisoners, Oregon Daily Emerald (OR), January 12, 2005
Legislative Developments_______________________________
- Governor Pataki seeking stiffer penalties for perjurers in reaction to wrongful convictions based on false testimony. Governor to Seek Harsher Penalties for Perjurers in Criminal Cases, New York Times, June 13, 2001 and Bill Makes False Sworn Testimony in a Criminal Trial a Class C Felony - Cites Blake Case, Governor's Press Release, June 13, 2001
- Assembly Bill would permit Tyson to seek damages against New YorkState for wrongful conviction. Bill Would Allow Wrongfully Imprisoned Woman to Sue State, New York Law Journal, June 12, 2001. Read Assembly Bill A8545
- Innocence Protection Act of 2001 (Senator Leahy). "The Innocence Protection Act of 2000 is a comprehensive package of criminal justice reforms aimed at reducing the risk that innocent persons may be executed. Most urgently, the bill would:(1) Ensure that convicted offenders are afforded an opportunity to prove their innocence through DNA testing(2) Help States to provide competent legal services at every stage of a death penalty prosecution (3) Enable those who can prove their innocence to recover some measure of compensation for their unjust incarceration and(4) Provide the public with more reliable and detailed information regarding the administration of the nation's capital punishment laws."
Innocence Projects___________________________________
Innocence Project Benjamin N. Cardozo School of Law 55 Fifth Avenue, 11th Floor New York, NY10003
Second Look Program Brooklyn Law School 250 Joralemon St. Brooklyn, NY11201
Lists of Innocence Projects Nationwide
Starting an Innocence Project__________________________
Freeing the Innocent (NACDL). The National Association of Criminal Defense Lawyers has collected materials from its seminar on "How to Start an Innocence Project" and is making them available to NACDL members and others interested forming innocence projects.
So You Want to Start an Innocence Project (Truth in Justice). "In recent years numerous wrongly convicted individuals have been released from prison after new evidence, often in the form of scientific evidence such as DNA, has established that they were actually innocent. Many of these wrongly convicted individuals were released through the efforts of non-profit innocence projects organized for the purpose of investigating and litigating post-conviction claims of actual innocence. These successes have stirred a rising interest in forming more innocence projects to address the staggering backlog of applications for assistance."
Special Reports______________________________________
Making Up For Lost Time (Innocence Project 2009) A report released by the Innocence Project shows that of the more than 240 people exonerated through DNA testing nationwide, 40% have not received any form of assistance after their release. Among those who have been compensated under state laws, the vast majority received very small amounts of money and no social services, the report finds. While exonerees are stripped of their property, jobs, freedom and reputation, only 10 states include provisions for services within their compensation laws.
NYSBA TASK FORCE ON WRONGFUL CONVICTIONS The Task Force is charged with identifying the causes for wrongful convictions, and to attempt to eliminate them. The Task Force shall identify all of the causes of the wrongful convictions and isolate the systemic causes that produced these injustices. The Task Force shall focus on current rules, procedures and statutes that were implicated in each case and propose solutions in the form of procedural changes and legislation. The Task Force shall provide opportunities to educate the profession and the public on the causes of these erroneous convictions with the aim of ensuring that our laws, policies and practices are designed to reduce the risk of convicting the innocent and increasing the likelihood of convicting the guilty. In addition, the Task Force shall review and report on the current remedies/compensation available to those wrongly convicted and propose reforms, where appropriate.
- Testimony
- Testimony Of Jonathan E. Gradess, Executive Director, New York State Defenders Association, Before The New York State Bar Association Task Force On Wrongful Convictions, February 24, 2009, Albany, NY (29K PDF)
- Testimony Of Steven Banks, Attorney-In-Chief, The Legal Aid Society, February 13, 2009, New York, NY
JAILHOUSE INFORMANTS In a series of articles, Newsday examined the history, practice and detrimental impact of relying on jailhouse informants in criminal prosecutions.
- Informants Come Under Question , December 8, 2003
- He Said, He Said , December 8, 2003
- Canadian Law on Informants Tougher , December 8, 2003
- Catching on to the Con Man , December 7, 2003
- NYC Prosecutors Failed to Do Their Homework, December 7, 2003
- 'Gifted' Criminal Didn't Fit the Part, December 7, 2003
LEGACY OF WRONGFUL CONVICTIONS The Chicago Tribune published a series of articles about the aftereffects of being exonerated. It describes the struggle of wrongfully convicted people to restart their lives, and ongoing problems with the justice system.
WRONGED MEN This Newsday series examines the impact of wrongful convictions in New York City and on the justice system as a whole. According to the Newsday study, 13 men have been wrongfully convicted of murder in 11 cases since 1998.
- For Them, No Justice , December 8, 2002
- Queens Man's Story Told in '56 Film, December 9, 2002
- How Prison Changed Two Friends, December 9, 2002
- Men Find Challenges in Life After Prison, December 9, 2002
- In Their Corner , December 10, 2002
- A Prosecutor Takes Another Look, December 10, 2002
- Calls to Improve Pay for Court-Appointed Lawyers, December 10, 2002
CENTRAL PARK JOGGER CASE The convictions of five young men in the 1989 New York City Central Park jogger attack have been overturned. New DNA evidence connected the crime to a serial rapist, who confessed to acting alone. The videotaped confessions and forensic evidence presented at the original trial have been called into question.
Decision
- People v Wise , Ind. No. 4762/89 (Sup Ct NY County December 19, 2002)
Articles
- Jogger 5 to Sue City for $50 Million Apiece, New York Post (NYC), March 13, 2003
- Police Report Issued on Park Jogger Case , New York Law Journal (NYC), January 27, 2003. Read the NYPD's report, Police Report on Jogger Investigation (NYPD 2003)
- Central Park Jogger Convictions Vacated, New York Law Journal, December 20, 2002
- Expert Warns DA on Jogger Case , Newsday, October 17, 2002
- Rush to Judgment: Discovery of the Central Park Jogger's Real Assailant Shows How Badly Justice Can Miscarry, Newsday, October 16, 2002
- Youths' Denials in '89 Rape Case Cost Them Parole Chances, New York Times, October 16, 2002
- Jogger Evidence Deemed Useless, Newsday, October 14, 2002
- Group Seeks DA Oversight: Black Cops Organization Cites Jogger Case, Newsday, October 14, 2002
- Jogger Confession Case , New York Daily News, September 4, 2002
MISTAKEN IDENTITY Innocent people have been the target of law enforcement investigations and arrests, and later found to be the victim of a mistake, misidentification or computer error.
- Two Wrong Raids in a Row? SWAT Team Accused of Violently Raiding Wrong Homes Twice in 2 Days, WNBC (NY), October 21, 2002
- Did SWAT Team Invade Wrong House? Police Raid Queens Home Looking for Drugs, Apologize, WNBC (NY), October 21, 2002
- Mistaken Identity: Computer Error Sends Man to Jail for 43 Days. Lawyer Says It Could Happen to You , Willamette Week (OR), August 21, 2002
VIDEOTAPING POLICE INTERROGATIONS The reliability of confessions derived from police interrogations has been questioned by many DNA exonerations. In light of developments in the Central Park Jogger case, in which DNA evidence has pointed to a new suspect, the New York Civil Liberties Union has requested the NYPD to tape its interrogations. Letter From NYCLU to NYPD Commissioner Ray Kelly, September 17, 2002. A bill has been submitted to the New York City Council to achieve the same end. Int. No. 027-2002 (September 25, 2002). Articles and developments on this issue in New York and elsewhere appear below.
Articles
- Nassau To Videotape Interrogations In Major Crimes, Newsday (Nassau County), January 17, 2009
- New State Law: Police Must Tape Interviews, La Crosse Tribune (WI), December 29, 2007
- Videotaped Interrogations Have Become a Weapon Against Crime,St. Paul Pioneer Press (MN), July 24, 2006
- NJ to Tape in Murder Cases, Philadelphia Inquirer (NJ), November 22, 2005
- Police Interrogation Needs Videotape, Newsday (NassauCounty), April 28, 2005
- Catching All on Tape, Newsday (NassauCounty), April 14, 2005
- Videotape Confession Laws Spread , Newsday (US), April 10, 2005
- Supreme Judicial Court Rules on the Use of Confessions, Boston Globe (MA), August 17, 2004
- State Bar Unit Backs Videotaping of Police Custodial Interrogations , New York Law Journal (NY), June 22, 2004
- Taping Police Interrogations on Bar Agenda, New York Law Journal (NY), June 18, 2004
- Record Time, City Limits (NYC), November 2003
- Taped Confession Bill Passes , Chicago Tribune (IL), May 9, 2003
- Interrogating Under Video's Watchful Eye, Newsday (Nassau/Suffolk Counties), April 30, 2003
- Report on the Electronic Recording of Police Interrogations (NYCLA 2003)
- Jogger Case Spurs Call for More Videotaping , New York Law Journal (NYC), December 11, 2002
- True Confessions: Videotape Cop Interrogations, Newsday (NY), September 27, 2002
- Confused Confessions: Police Techniques Questioned When Wrong Guy Comes Clean, ABC News (IL), September 25, 2002
- Film All Police Interrogations, USA Today (NY), September 24, 2002
- In Light of Central Park Jogger Revelations, NYCLU Calls on NYPD to Start Videotaping Custodial Interrogations, New York Civil Liberties Union, September 17, 2002
Reports
COPS AND CONFESSIONS Chicago Tribune published a series of articles highlighting the results of their investigation into questionable confessions obtained by police over a ten-year period.
JUSTICE TURNING ON A DOUBLE HELIX Series of articles published by Law.com about the challenges facing inmates seeking to establish their innocence through post-conviction DNA.
FALSE REPORTS ARCHIVE This is an archive of court decisions and news articles concerning various types of crimes that have been falsely reported. The archive is part of the Premises Liability Resource site created by Det. John J. Baeza, NYPD (ret.) of Special Victims, Inc. and Brent E. Turvey, MS of Knowledge Solutions, LLC. Det. Baeza also prepared a list of Red Flags for spotting false claims.
TWO BROOKLYN MEN WRONGLY CONVICTED OF MURDER Charles Shepard and Anthony Faison were convicted of murder and spent 14 years in jail before they were exonerated.
- Falsely Accused "Killer" Writes a Wrong , Los Angeles Times, August 26, 2001
- Out of Jail, Out of Work , New York Post, August 26, 2001
- Ex-Officer Off Tough Beat Seeks to Free the Innocent, New York Times, June 11, 2001
- Sorry" Isn't Enough, New York Times, May 17, 2001
- Wrongly Jailed, 2 Clear Last Hurdle Before Freedom, New York Times, May 15, 2001
- Two Convicted in 1987 Killing Are Expected to Be Set Free, New York Times, May 14, 2001
WAIVING RIGHT TO POST-CONVICTION DNA TESTING California Attorneys for Criminal Justice (CACJ) has posted information about a document that instructs prosecutors how to obtain waivers from defendants of their right to post-conviction DNA testing under Penal Code Section 1405. It "was produced by a working group appointed by the California Attorney General's Office and reportedly shared with prosecutors and police around the state."
CONFESSION TO PRIEST LEADS TO EXONERATION In Morales v. Portuondo, No. 97-CV-02559 (2nd Cir. July 24, 2001) testimony from a priest about the true murderer's confession in a Bronx homicide convinced a federal judge to release two men serving time for that crime.
- Priest's Revelations Overturn Murder Conviction , New York Law Journal, July 25, 2001
- 2nd Man Freed In '87 Slaying, Newsday, July 27, 2001
- Prosecutor's Never Need to Apologize, New York Times, July 27, 2001
- Question of a Confession: Priest Testifies 2 Wrongly Convicted for 1987 Killing, Newsday, July 17, 2000
YOU'VE GOT THE WRONG MAN It's everyone's worst nightmare, a case of mistaken identity that condemns an innocent man to waste away behind prison bars for two years. This is what happened to Kerry Sanders, a mentally ill man from Los Angeles. Read about his saga and the failures of law enforcement and the New York State Department of Corrections that led to this tragedy.
- Imprisoning the Wrong Man , New York Times, August 20, 2000
- Accountability at Prisons Run Privately, New York Times, August 15, 2000
- The Big City; Prison Mistake Shows Why Reform Lags, New York Times, August 11, 2000
- My Name Is Not Robert , New York Times, August 6, 2000
WRONGFUL CONVICTIONS The Chicago Tribune conducted a nationwide investigation into homicide cases that involved prosecutorial misconduct. The study covers homicide cases that were overturned or dismissed because prosecutors withheld evidence or presented false evidence. The cases go back 36 years. New York State tops the list. Trial and Error , Chicago Tribune, 1999
WIN AT ALL COSTS: GOVERNMENT MISCONDUCT IN THE NAME OF EXPEDIENT JUSTICE In 1998, the Pittsburgh Post-Gazette investigated "a law enforcement culture that has allowed the pursuit of a conviction to replace the pursuit of justice, no matter what the cost."
LIFE AFTER DEATH ROW CBS special reports on about experiences of death row inmates whose convictions were overturned by DNA evidence or other revelations after trial.
SUSPECT CONFESSIONS False or coerced confessions plague the justice system resulting in the wrongful convictions of adults and children alike.
Articles
- Judge Rejects Expert Opinion On Confessions, New York Law Journal (SuffolkCounty), January 31, 2008
- "Have You Ever Had a Cop in Your Face?" Using Youtube to Educate Public About False Confessions, Bluhm Blog (US), May 17, 2007
- Jury to Hear of False Confessions, Newsday (NassauCounty), September 17, 2005False Confessions: Nassau Cops Accused of Using Coercive Tactics That Get Suspects to Admit to Crimes They Didn't Commit, Newsday (NassauCounty), April 11, 2005
- Innocent Truth About False Confessions, Washington Times (IL), December 29, 2003
- Why Would an Innocent Person Profess Guilt?, Psychology Today (US), March 1, 2003
- Why People Confess to Crimes They Didn't Do, Christian Science Monitor (US), December 5, 2002
- The Confession , New York Times, June 21, 2001
- False Confessions, Washington Post, June 3-6, 2001
- Defense Faults Police in Obtaining the Confession of Wendy's Suspect, New York Times, April 27, 2001
- Detroit Police Inquiry Expands, Detroit News, April 16, 2001
- Anatomy of a False Confession, Detroit Free Press, February 27, 2001
- Four New Reported Proven False Confessions From Outside Illinois , Report of the Northwestern University Legal Clinic's Children and Family JusticeCenter (2001)
- DA: Man's Murder Confession False, Newsday, June 16, 2000 at A23.
- He's Not the Man After All, Albany Times Union, April 4, 2000, at A1
Law Reviews and Reports
Resources
Reports_____________________________________________
Final Report Of The New York State Bar Association's Task Force On Wrongful Convictions (2009). The results of the Task Force’s case studies, in which 53 people were wrongfully convicted, reveal that government practices, by police or prosecutors, were possible causes of the wrongful convictions in over 50% of the cases. Even if cases do not reveal an actually innocent person being wrongfully convicted, they nonetheless often reveal troubling due process violations that may result in a defendant being denied a fair trial. The analysis and recommendations presented in this report reflect concern for the application of due process principles in all cases - not just those that involve a wrongful conviction.
Improving Prosecutorial Accountability: A Policy Review (2009). In this report, the Justice Project offers solutions to the systemic problems that lead to prosecutorial misconduct. By increasing transparency and improving the accountability of prosecutors, states can prevent the kind of misconduct and abuses of power that lead to wrongful convictions. The policy review also profiles cases of injustice, highlights jurisdictions that have enacted reforms in this area, and presents a model policy.
Preliminary Report of the New York State Bar Association's Task Force On Wrongful Convictions (2009). The cases reviewed by the Task Force may only be the tip of the iceberg where police or prosecutorial conduct may have resulted in a due process violation. Even if cases do not rise to the level of an actually innocent person being wrongfully convicted, they nevertheless often reveal troubling due process violations that occurred at trial. This analysis and recommendations presented herein reflect concern for the application of due process principles in all cases, not just those that involve a wrongful conviction.
Lessons Not Learned (Innocence Project 2009). (Innocence Project 2007). This report details the wrongful convictions in New York that have been overturned through DNA evidence. It provides background on each case. It also examines the causes of wrongful convictions in New York and nationwide – and explains how the system can be fixed with sensible, straightforward reforms by the executive, legislative and judicial branches.
Achieving Justice: Freeing the Innocent, Convicting the Guilty (ABA 2006). This report was prepared by the Ad Hoc Innocence Committee to Ensure the Integrity of the Criminal Process. It focuses on key issues surrounding wrongful convictions, and makes recommendations for improving the justice system.
Police Experiences With Electronic Recording Custodial Interrogations (Center on Wrongful Convictions 2004). This study surveys the experiences of more than 200 law enforcement agencies in 38 states that record suspect interviews in felony investigations. Among the topics covered: Logistics of Recording; Benefits of Recording for Police Officers and Prosecutors; Recording Does Not Affect the Ability to Obtain Cooperation, Admissions, and Confessions; Relative Costs and Savings Associated With Recording; and Safety Valves for When Things Go Wrong. It also includes appendices about police departments that record custodial interviews. The study was published by the Center on Wrongful Convictions at the Northwestern University School of Law.
Exonerations in the United States 1989-2003 (University of Michigan Law School 2004). This is a study of exoneration cases nationwide since the inaugural use of DNA in 1989. It examines such issues as false confessions and problems in the functioning of the criminal justice system overall. The study was prepared by Samuel R. Gross, Thomas & Mabel Long Professor of Law, University of Michigan Law School.
Harmful Error (Center for Public Integrity 2003). This is a national database of prosecutorial misconduct compiled by the Center for Public Integrity. The Center examined nearly 12,000 judicial opinions, and other sources, spanning a 30-year period. Information is organized by jurisdiction and searchable by defendant, prosecutor, state or jurisdiction. It includes summary analyses and citation references for individual cases, as well as other resources illuminating the problems created by prosecutorial misconduct, such as wrongful conviction.
Advancing Justice Through DNA Technology (US 2003). This report describes the President's initiative and funding plan for the application of DNA technology to solve crimes, identify missing persons and protect the innocent. It describes the need to clear up backlogs and improve administration of DNA testing at the federal, state and local levels. A small portion of the fund will be devoted to post-conviction testing.
An Ordinary Crime (Frontline 2002). This web site was created in conjunction with a Frontline investigation into the question of Terence Garner's innocenceâ”he was convicted of robbery and attempted murder in North Carolinaâ”and the many issues concerning the identification evidence and the prosecution of the case. A new trial has been ordered based on new evidence concerning his innocence. New Trial Ordered for Garner, News and Observer, February 5, 2002
What Jennifer Saw (Frontline 1998). Collection of stories and reports concerning misidentification, wrongful imprisonment and the work of The Innocence Project at the Cardozo School of Law.
Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial (NIJ 1996). "This report reviews more than two dozen cases in which forensic DNA typing ultimately exonerated suspects or defendants. Most were prosecuted at a time when forensic DNA typing was not available to police or prosecutors. Each case has a slightly different sequence and series of events. Because of these differences, each case provides additional insight into how the legal system might avoid the pitfalls of the past, whether or not the testing is performed in pending or postconviction cases."
Law Reviews and Scholarly Articles______________________
Actual Innocence (Doubleday 2000). Written by Barry Scheck and Peter Neufeld, Cardozo Innocence Project and Jim Dwyer, Columnist for the New York Daily News, "raises a powerful challenge to the assumption that all is pretty much well with the legal system, and that the safeguards against wrongful conviction are adequately in place." Actual Innocence: DNA Tests and the Road to More Reliable Justice, New York Times, February 25, 2000
Wrongly Convicted: Perspectives on Failed Justice (RutgersUniversity Press 2001). "Essays in Part 1 show that eyewitnesses are often wrong, police trick suspects into making confessions, informants lie to gain benefits, and police can be incompetent or venal. Part 2 argues that those who are unpopular, uneducated, or members of a racial minority invite harsher treatment by authorities. The next section offers case studies on convictions that were wrongly obtained, followed by suggestions for changes in the criminal justice system, such as more active judges, an 'innocence commission' to examine convictions, liberal use of DNA evidence, and better training for lawyers." Library Journal
Convicted but Innocent: Wrongful Conviction and Public Policy (Sage Publications 1996). "Even if the American system of criminal justice proved 99.5% accurate, it would still generate more than 10,000 wrongful convictions a year--and those would reflect only the eight serious index crimes. And each time an innocent offender is wrongfully convicted, the actual offender remains free to continue victimizing. Insightful and stimulating, Convicted But Innocent grapples with the very specific, difficult issues surrounding wrongful convictions and the implications for society."
Presumed Guilty: When Innocent People Are Wrongly Convicted (Prometheus Books 1991) "Yant, commentary editor of the Columbus Dispatch, clearly has the evidence to prove this thesis as he collects several dozen examples of justice gone awry. From Sacco and Vanzetti and Bruno Hauptmann to Randall Dale Adams (subject of the documentary film The Thin Blue Line) and several lesser-known defendants who fell through the cracks of the criminal justice system." Library Journal
Books_______________________________________________
Innocent: Inside Wrongful Conviction Cases (NYU Press 2004). “Innocent graphically documents forty-two recent criminal cases to find evidence of shocking miscarriages of justice, especially in murder cases. Based upon interviews with more than 200 people and reviews of hundreds internal case files, court records, smoking-gun memoranda, and other documents, Scott Christianson gets inside the legal cases, revealing the mistakes, abuses, and underlying factors that led to miscarriages of justice, while also describing how determined prisoners, post-conviction attorneys, advocates, and journalists struggle against tremendous odds to try to win their exonerations.”
Actual Innocence (Doubleday 2000). Written by Barry Scheck and Peter Neufeld, Cardozo Innocence Project and Jim Dwyer, Columnist for the New York Daily News, "raises a powerful challenge to the assumption that all is pretty much well with the legal system, and that the safeguards against wrongful conviction are adequately in place." Actual Innocence: DNA Tests and the Road to More Reliable Justice, New York Times, February 25, 2000
Wrongly Convicted: Perspectives on Failed Justice (RutgersUniversity Press 2001). "Essays in Part 1 show that eyewitnesses are often wrong, police trick suspects into making confessions, informants lie to gain benefits, and police can be incompetent or venal. Part 2 argues that those who are unpopular, uneducated, or members of a racial minority invite harsher treatment by authorities. The next section offers case studies on convictions that were wrongly obtained, followed by suggestions for changes in the criminal justice system, such as more active judges, an 'innocence commission' to examine convictions, liberal use of DNA evidence, and better training for lawyers." Library Journal
Convicted but Innocent: Wrongful Conviction and Public Policy (Sage Publications 1996). "Even if the American system of criminal justice proved 99.5% accurate, it would still generate more than 10,000 wrongful convictions a year--and those would reflect only the eight serious index crimes. And each time an innocent offender is wrongfully convicted, the actual offender remains free to continue victimizing. Insightful and stimulating, Convicted But Innocent grapples with the very specific, difficult issues surrounding wrongful convictions and the implications for society."
Presumed Guilty: When Innocent People Are Wrongly Convicted (Prometheus Books 1991) "Yant, commentary editor of the Columbus Dispatch, clearly has the evidence to prove this thesis as he collects several dozen examples of justice gone awry. From Sacco and Vanzetti and Bruno Hauptmann to Randall Dale Adams (subject of the documentary film The Thin Blue Line) and several lesser-known defendants who fell through the cracks of the criminal justice system." Library Journal
Research Links______________________________________
|