Ricardo Rachell 1/14/09 James Dean 1/26/09 Kathy Gonzalez 1/26/09 Debra Shelden 1/26/09 Ada JoAnn Taylor 1/26/09 Thomas Winslow 1/26/09 Joseph Fears

Jr. 3/10/09 Miguel Roman 4/02/09 Victor Burnette 4/03/09 Timothy Cole 4/09/09 Johnnie Lindsey 4/24/09 Chaunte Ott 6/05/09 Lawrence McKinney 7/17/09 Robert Lee Stinson 7/27/09 Kenneth Ireland 8/19/09 Joseph Abbitt 9/02/09 James Lee Woodard 9/30/09 Jerry Lee Evans 10/21/09 Michael Marshall 12/14/09 James Bain 12/17/09 Donald Eugene Gates 12/18/09 Freddie Peacock 2/04/10 Ted Bradford 2/11/10 Anthony Caravella 3/25/10 Frank Sterling 4/28/10 Raymond Towler 5/05/10

THE INNOCENCE PROJECT IN PRINT
BENJAMIN N. CARDOZO SCHOOL OF LAW, YESHIVA UNIVERSITY VOLUME 6 ISSUE 1 SUMMER 2010

IN THIS ISSUE
BOARD OF DIRECTORS
Michelle Adams Professor, Benjamin N. Cardozo School of Law Gordon DuGan President and Chief Executive Officer, W.P. Carey & Co. Senator Rodney Ellis Texas State Senate, District 13 Board Chair Jason Flom President, LAVA Records John Grisham Author Calvin C. Johnson, Jr. Former Innocence Project client and exoneree; Supervisor, Metropolitan Atlanta Rapid Transit Authority Dr. Eric S. Lander Director, Broad Institute of MIT and Harvard Hon. Janet Reno Former U.S. Attorney General Rossana Rosado Publisher and CEO of El Diario La Prensa Matthew Rothman Managing Director and Global Head of Quantitative Equity Strategies, Barclays Capital Stephen Schulte Founding Partner and Of Counsel,Schulte Roth & Zabel Board Vice Chair Bonnie Steingart Partner, Fried, Frank, Harris, Shriver & Jacobson Andrew H. Tananbaum President and CEO, Capital Business Credit Jack Taylor Global Head of High Yield Debt, PREI Board Treasurer

FEATURES
FALSE CONFESSIONS: A NEW YORK STORY..........................................4 FRIEND OF THE COURT, FRIEND OF THE INNOCENT ............................9 THE LUCK OF THE DRAW: EXONEREE COMPENSATION IS OFTEN LEFT TO CHANCE...........................................................12 IN THEIR OWN WORDS: Q & A WITH MIKE WAGNER AND GEOFF DUTTON, INNOCENCE NETWORK JOURNALISM AWARD RECIPIENTS .............................................16

9 21

DEPARTMENTS
LETTER FROM THE EXECUTIVE DIRECTOR..............................................3 EXONERATION NATION ..........................................................................18 INNOCENCE PROJECT NEWS..................................................................20 INNOCENCE BY THE NUMBERS: THE FIRST 250 ...............................................................................22

ON THE COVER: FREDDIE PEACOCK OF ROCHESTER, NEW YORK, ON HIS EXONERATION DAY, FEBRUARY 4, 2010.

PHOTO CREDITS: COVER, ©Gary Walts; PAGE 3, www.heatherconley.com; PAGE 4, www.democratandchronicle.com; PAGE 6, ©Gary Walts; PAGE 9, Marc A. Hermann; PAGE 12, Clay Graham; PAGE 14, AP Photo/Alan Diaz; PAGE 15, Dan Gair/Blind Dog Photos, Inc; PAGE 16, Reprint courtesy of The Columbus Dispatch; PAGE 18, Reprint courtesy of The Columbus Dispatch; PAGE 19 FROM TOP TO SECOND FROM BOTTOM, ©Gary Walts, ©Curtis201, Lou Toman/Sun-Sentinel; PAGE 21, ©Curtis201

THE NAMES THAT FOLLOW BELOW ARE THOSE OF THE 254 WRONGFULLY CONVICTED PEOPLE WHOM DNA HELPED EXONERATE, FOLLOWED BY THE YEARS OF THEIR CONVICTION AND EXONERATION.

Gary Dotson 1979 to 1989

David Vasquez 1985 to 1989

Edward Green 1990 to 1990

Bruce Nelson 1982 to 1991

Charles Dabbs 1984 to 1991

Glen Woodall 1987 to 1992

Joe Jones 1986 to 1992

Steven Linscott 1982 to 1992

Leonard Callace 1987 to 1992

Kerry Kotler 1982 to 1992

Walter Snyder 1986 to 1993

FROM THE EXECUTIVE DIRECTOR

3

CONFRONTING WRONGFUL CONVICTIONS FROM EVERY ANGLE
Since our founding in 1992, freeing convicted and yet innocent prisoners through DNA testing has been at the heart of the Innocence Project’s work. The 254 people exonerated through DNA testing serve as irrefutable proof that the criminal justice system is flawed and must be reformed. This is why we limit our cases to those in which DNA testing could prove innocence, and it’s why we have had such success with our reform agenda. The Innocence Project approaches the problem of wrongful conviction from several different angles. In this issue of The Innocence Project In Print, we highlight two important, though less well known, areas of our work – the amicus program and the social work program. Filing amicus, or “friend-of-the-court,” briefs allows us to help shape policy by weighing in on state and federal cases that could have a broad impact on the criminal justice system – even when we aren’t acting as the attorney of record. For an example, read “Friend of the Court, Friend of the Innocent” starting on page 9, which describes a New Jersey case that could improve the way that eyewitness evidence is handled statewide. Our social work program, developed in 2006, helps exonerees transition to life after exoneration and continues to provide support for as long as the exonerated person needs it. Our two social workers establish a release plan for every client freed from prison, parole, or even if they are no longer on parole. This release plan connects them to local support services, transitional housing, mental health counseling, and other services as needed. Meanwhile, the Exoneree Fund provides our clients with financial assistance for emergency needs like clothing, housing, transportation and health care. Four exonerees from four different states share their stories and struggles of life after exoneration in “The Luck of the Draw,” starting on page 12. Compensation for exonerees varies widely among these four states – and throughout the nation – and the Innocence Project is simultaneously working to persuade states to help the exonerated by passing or improving compensation laws. Whatever the task at hand, whether we’re working on an individual case or developing a strategy for systemic reform, it all contributes to advancing our mission of protecting the innocent and making the criminal justice system more fair and more reliable. Wherever people are at risk of wrongful conviction, prisoners are fighting to prove their innocence, or exonerees are struggling to adjust to the free world, we reach out to help.

Maddy deLone Executive Director

Kirk Bloodsworth 1985 to 1993

Dwayne Scruggs 1986 to 1993

Mark D. Bravo 1990 to 1994

Dale Brison 1990 to 1994

Gilbert Alejandro 1990 to 1994

Frederick Daye 1984 to 1994

Edward Honaker 1985 to 1994

Brian Piszczek 1991 to 1994

Ronnie Bullock 1984 to 1994

David Shephard 1984 to 1995

Terry Chalmers 1987 to 1995

4

FALSE CONFESSIONS: A NEW YORK STORY
A pattern of false confessions in New York State reveals the fallibility of police interrogation procedures and the need for broad, statewide criminal justice reform.
One of the hallmarks of a reliable confession is that it includes details about the crime that no one else knows, and these details should be corroborated by the crime scene evidence. What weapons did the perpetrator use? Where was the body left? What happened to the weapon? A recent Innocence Project exoneration shows how police investigations can veer tragically off course when interrogators ignore the warning signs of a false confession. During an interrogation video from 1991, two Monroe County investigators ask Frank Sterling what he did with the BB gun that was used in the assault of 74-year-old Viola

FRANK STERLING (CENTER) CATCHES UP WITH FELLOW NEW YORK EXONEREE JEFFREY DESKOVIC (RIGHT) AND INNOCENCE PROJECT CO-DIRECTOR PETER NEUFELD ON THE DAY THAT HE WAS RELEASED FROM PRISON AND EXONERATED, APRIL 28, 2010.

Ronald Cotton 1985, 1987 to 1995

Rolando Cruz Alejandro Hernandez William O. Harris 1985 to 1995 1985 to 1995 1987 to 1995

Dewey Davis 1987 to 1995

Gerald Davis 1986 to 1995

Walter D. Smith 1986 to 1996

Vincent Moto 1987 to 1996

Steven Toney 1983 to 1996

Richard Johnson 1992 to 1996

Thomas Webb 1983 to 1996

FALSE CONFESSIONS: A NEW YORK STORY

5

Manville. “Threw it,” he says. They press him for details – did he throw it in the woods, in the water, where? “I don’t know. I don’t remember. I just gave it a throw.” Sterling also doesn’t remember what he was wearing or if he had any blood on his clothes or how he would have disposed of those clothes. He doesn’t know where the victim was shot or how many times. Sterling’s “confession” occurred after a 36-hour trucking shift followed by a 12-hour interrogation. It was not the first time that Sterling had been questioned about the Manville murder. In 1988, shortly after the murder, Sterling voluntarily reported to the police station for questioning. His older brother was incarcerated for attempting to sexually assault Manville, but Frank Sterling himself had no criminal record and no history of violent behavior. He denied any involvement with the crime and offered a solid alibi. However, when investigators failed to solve the case over two years later, they again returned to Sterling as a potential suspect. In doing so, they ignored key evidence that another man might have committed the crime. Mark Christie, a high school student in 1988, was absent on the morning of the murder. Authorities were alerted that Christie owned a BB gun, that he often walked the path where Manville was murdered, and that he was under investigation for an unrelated assault. Shortly after Sterling’s conviction, but before his sentencing, friends and acquaintances of Christie’s came forward and said that Christie told them he committed the murder. But Christie was not apprehended and he remained free to commit another murder. In 1994, in a highly publicized case, Christie killed four-year-old Kali Ann Poulton. The crime could have been prevented if authorities had paid more attention to Christie as a suspect in the 1988 murder instead of convicting an innocent man. Although he recanted almost immediately, Sterling’s confession was the central evidence used against him; there was no eyewitness identification and no physical evidence. Sterling was convicted and sentenced to 25 years to life. The Innocence Project eventually secured his release along with local attorney, Donald Thompson. “Touch DNA,” or testing on skin cells, was performed and implicated Christie as the actual perpetrator while clearing Sterling. After nearly 18 years in prison, Sterling was exonerated.

ALTHOUGH HE RECANTED ALMOST IMMEDIATELY, STERLING’S CONFESSION WAS THE CENTRAL EVIDENCE USED AGAINST HIM; THERE WAS NO EYEWITNESS IDENTIFICATION AND NO PHYSICAL EVIDENCE.

IN THE AFTERMATH OF A FALSE CONFESSION
A disturbing pattern has emerged in New York State: 12 wrongful convictions overturned through DNA testing have involved false confessions. Freddie Peacock of Rochester, exonerated by the Innocence Project in February, was wrongfully convicted of raping his neighbor in 1976. Police claimed that he confessed. However, Peacock couldn’t say where, when or how his neighbor had been raped. According to police, he could only say that he did it and that he was sorry. Furthermore, he acknowledged during the interrogation that he had a history of mental illness and had been hospitalized several times. The interrogation was not recorded, nor did Peacock sign a

Kevin Green 1980 to 1996

Verneal Jimerson 1985 to 1996

Kenneth Adams 1978 to 1996

Willie Rainge Dennis Williams 1978, 1987 to 1996 1978, 1987 to 1996

Fredric Saecker 1990 to 1996

Victor Ortiz 1984 to 1996

Troy Webb 1989 to 1996

Timothy Durham 1993 to 1997

Anthony Hicks 1991 to 1997

Keith Brown 1993 to 1997

6

THE INNOCENCE PROJECT IN PRINT

confession statement. He was exonerated earlier this year after over five years in prison and two decades on parole. Douglas Warney, an Innocence Project client exonerated through DNA testing in 2006, was also convicted of a crime based on a false confession. Warney, a man with a history of mental health issues and advanced AIDS, confessed to the murder of William Beason after a 12-hour interrogation. The interrogation was not recorded; instead, the investigator typed a statement that Warney signed. Warney was wrongfully convicted in 1997 and served nine years in prison. Meanwhile, the real perpetrator, who was identified post-conviction through a DNA database hit, attempted to murder two other people while Warney was imprisoned. Wrongful convictions often lead to more crimes because the real perpetrator remains free while the wrong person is behind bars. Matias Reyes, the real perpetrator from the “Central Park Jogger” case, went on to commit one murder and four rapes before he was apprehended and convicted. In that case, five teenagers falsely confessed after prolonged periods of police interrogation. They have since been exonerated through DNA testing, and Reyes is serving a life sentence for the Central Park Jogger crime.

FREDDIE PEACOCK POSES WITH FAMILY MEMBERS AFTER HE WAS OFFICIALLY EXONERATED THROUGH DNA TESTING IN FEBRUARY 2010. PEACOCK WAS RELEASED IN 1982 BUT CONTINUED FIGHTING FOR 28 YEARS TO CLEAR HIS NAME.

Marvin Mitchell 1990 to 1997

Chester Bauer 1983 to 1997

Donald Reynolds 1988 to 1997

Billy Wardell 1988 to 1997

Ben Salazar 1992 to 1997

Kevin Byrd 1985 to 1997

Robert Miller 1988 to 1998

Perry Mitchell 1984 to 1998

Ronnie Mahan 1986 to 1998

Dale Mahan 1986 to 1998

David A. Gray 1978 to 1999

FALSE CONFESSIONS: A NEW YORK STORY

7

KEEPING FALSE CONFESSIONS FROM BECOMING WRONGFUL CONVICTIONS
In order to prevent wrongful convictions and get real perpetrators off the streets, the Innocence Project advocates that all interrogations be recorded from beginning to end. In Sterling’s case, only the 20-minute confession was recorded, not the interrogation that led up to it. Fragmented recordings don’t help prevent false confessions. Even if the interrogation lasts many hours, the judge and jury need to see what transpired from start to finish. Law enforcement officials nationwide have embraced the practice of recording interrogations, with over 500 jurisdictions now adopting this reform voluntarily. Detective Jim Trainum, a retired investigator from the Washington, DC, police department became an advocate for recording interrogations after discovering that he had unintentionally elicited a false confession. The suspect, it turned out, had an iron-clad alibi. Because he had video-recorded the entire interrogation, he had the opportunity to learn from his mistake. To his astonishment, he found that he had inadvertently revealed confidential details of the crime to the suspect throughout the interrogation, which she simply parroted back in her confession. In a Los Angeles Times op-ed, Trainum writes: “The only police officers I’ve met who don’t embrace recording interrogations are those who have never done it. Too many police officers still wrongly believe that recording interrogations will be logistically difficult and expensive, and that guilty suspects won’t confess if they know they are being recorded.” The benefits of recording interrogations far outweigh the logistical difficulties. The practice protects police from false allegations of coercion, while also helping to establish a strong case against a suspect with a reliable confession. Eighteen states and

KOREY WISE.

NEW YORK FALSE CONFESSION CASES:
Twenty-six New Yorkers have been exonerated through DNA testing, and 12 of those wrongful convictions involved false confessions. Besides Frank Sterling and Freddie Peacock, both exonerated in 2010, they are: 2002
Five defendants from the “Central Park Jogger” case are proven innocent: Antron McCray, Kevin Richardson, Yusef Salaam, Raymond Santana and Korey Wise. They served a combined 33.5 years in prison for the brutal rape of a female jogger.

2005
Three defendants convicted of a Long Island rape and murder are proven innocent. Dennis Halstead, John Restivo and John Kogut served a combined 49 years in prison.

2006
Douglas Warney is proven innocent of the 1996 murder of a Rochester-area man.

2006
Jeffrey Deskovic is proven innocent of the rape and murder of his Westchester County high school classmate after over 15 years in prison.

Habib W. Abdal 1983 to 1999

Anthony Gray 1991 to 1999

John Willis 1993 to 1999

Ron Williamson 1988 to 1999

Dennis Fritz 1988 to 1999

Calvin Johnson 1983 to 1999

James Richardson 1989 to 1999

Ronald Jones 1989 to 1999

Clyde Charles 1982 to 1999

McKinley Cromedy 1994 to 1999

Larry Holdren 1984 to 2000

8

THE INNOCENCE PROJECT IN PRINT

the District of Columbia now require at least some interrogations to be recorded, but New York is not one of them.

SLOW TO REFORM
Recording interrogations is one of a number of criminal justice reforms that has stalled out in the New York State Legislature for years. Besides Illinois and Texas, New York leads the nation in the number of wrongful convictions overturned through DNA testing. In addition to false confessions, the factors that led to these wrongful convictions include eyewitness misidentification, forensic science problems, bad defense lawyering, government misconduct and more. Each year, the Innocence Project gains more traction with criminal justice professionals and policymakers in New York, but progress has been achingly slow. In 2008, the New York State Bar Association created a Task Force on Wrongful Convictions with members from law enforcement, academia, government advocacy groups and more. The Task Force held a series of public hearings to study the state’s wrongful convictions cases and analyze their causes. Several local exonerees, including Doug Warney, spoke at the hearings, along with Innocence Project Co-Directors Peter Neufeld and Barry Scheck. The group then issued its findings and recommendations for improvement, such as a recommendation that felony-level interrogations be electronically recorded in their entirety, that eyewitness identification procedures be improved to enhance their reliability, and that forensic science training be provided to prosecutors, defense attorneys and judges. Although none of these recommendations have passed as legislation yet, the work of the Task Force on Wrongful Convictions has not gone unnoticed. In 2009, the chief judge of New York’s highest court created a new permanent task force to examine causes of wrongful convictions – including false confessions – and recommend reforms to prevent them. Then, shortly after Peacock’s exoneration in early 2010, newly elected Manhattan District Attorney Cyrus Vance, Jr., announced the creation of a Conviction Integrity Program. The program will seek to prevent wrongful convictions and address claims of innocence. Innocence Project Co-Director Barry Scheck will join the Conviction Integrity Policy Advisory Panel, which will advise the District Attorney’s Office on national best practices and the issues relating to wrongful convictions. Each of these measures are a step in the right direction, but in order for New York State to really ensure the integrity of its criminal justice system, systemic reforms must become law. In the years ahead, the Innocence Project will continue to work with the Governor, the Attorney General, and the Legislature to adopt meaningful, lasting improvements to the system. It is our promise to the 26 DNA exonerees in the state, to their families and to those men and women still wrongfully imprisoned in New York. ▲

DOUGLAS WARNEY.

“THE ONLY POLICE OFFICERS I’VE MET WHO DON’T EMBRACE RECORDING INTERROGATIONS ARE THOSE WHO HAVE NEVER DONE IT.”
Retired Detective Jim Trainum, Washington, DC.

Larry Youngblood 1985 to 2000

Willie Nesmith 1982 to 2000

James O’Donnell 1998 to 2000

Frank L. Smith 1986 to 2000

Herman Atkins 1988 to 2000

Neil Miller 1990 to 2000

A.B. Butler 1983 to 2000

Armand Villasana 1999 to 2000

William Gregory 1993 to 2000

Eric Sarsfield 1987 to 2000

Jerry Watkins 1986 to 2000

9

FRIEND OF THE COURT
FRIEND OF THE INNOCENT
By filing amicus briefs on important legal issues, the Innocence Project sparks criminal justice reform and protects the innocent.
The Innocence Project’s amicus, or “friend of the court,” brief in People v. Henderson has helped turn the case into a comprehensive review on eyewitness evidence and police lineup procedures across New Jersey. This single appellate case could change the way that cases involving eyewitness identification are litigated in New Jersey and could ultimately compel reform in other states as well. Exonerating innocent people through post-conviction DNA testing remains at the heart of the Innocence Project’s work, and the Henderson case shows how our amicus program presents other critical opportunities to improve the criminal justice system.

FERNANDO BERMUDEZ WEEPS AFTER A NEW YORK STATE SUPREME COURT JUSTICE DECLARES HIM TO BE INNOCENT. BERMUDEZ’S CONVICTION WAS OVERTURNED IN NOVEMBER 2009 WITH THE HELP OF THE INNOCENCE PROJECT’S AMICUS BRIEF ABOUT THE CASE.

Roy Criner 1990 to 2000

Anthony Robinson 1987 to 2000

Carlos Lavernia 1985 to 2000

Earl Washington 1984 to 2000

Lesly Jean 1982 to 2001

David S. Pope 1986 to 2001

Kenneth Waters 1983 to 2001

Danny Brown 1982 to 2001

Jeffrey Pierce 1986 to 2001

Jerry F. Townsend Calvin Washington 1980 to 2001 1987 to 2001

10

THE INNOCENCE PROJECT IN PRINT

Larry Henderson, convicted of manslaughter and weapons possession, argues that police officers tainted the photo lineup procedure that led to his conviction. The identification procedure was interrupted by two investigating officers who said that they thought the witness was hesitating to identify anyone because he was scared. The two officers entered the room and spoke to the witness, after which he identified Henderson. The procedure violated New Jersey guidelines on collecting eyewitness evidence, which were largely based on federal recommendations and adopted in 2001. According to the New Jersey guidelines, all eyewitness identification procedures should be administered by an officer who doesn’t know the identity of the suspect. The practice prevents law enforcement from intentionally or unintentionally cueing the witness about whom to pick, and it is one of a series of guidelines that have been proven to reduce the rate of misidentifications. In its brief, the Innocence Project describes each of these guidelines and offers recommendations for how the court should handle eyewitness testimony if any one of the guidelines has not been followed. The New Jersey Supreme Court responded by deciding to examine the issue more thoroughly and invited the Innocence Project, along with the parties involved in the case, to present a range of testimony and research on eyewitness evidence. Over the course of several days in September, the nation’s top experts on eyewitness evidence were called to testify about the science of memory and why eyewitnesses sometimes get it wrong. The judge’s ruling, expected this summer, could help motivate law enforcement to consistently practice eyewitness identification procedures that follow the state guidelines – and, by extension, it could prevent future wrongful convictions involving eyewitness misidentification. People v. Henderson is only one of more than a dozen amicus briefs filed by the Innocence Project and Innocence Network in state and federal courts each year. The Innocence Network is a consortium of groups doing innocence-related work, and the Innocence Project is a founding member. Each case has the potential to set legal precedent and change laws. Weighing in as “amici” allows the Innocence Project to offer its expertise on post-conviction DNA testing and the causes and remedies of wrongful conviction over a broad range of legal issues. Over the years, amicus work has helped influence judicial decisions about forensic science evidence, police and prosecutorial misconduct, access to DNA testing, false confessions and more. The amicus program would not be possible without pro bono legal assistance from some of the nation’s top law firms, whose input and collaboration are essential to these cases. For example, Gibbons, a leading law firm in New York, New Jersey, Philadelphia and Delaware, helped the Innocence Project draft its amicus brief to the New Jersey Supreme Court in the Henderson case. What follows are just a few examples of other recent cases in which the Innocence Project and the Innocence Network have submitted amicus briefs. ▲

LARRY HENDERSON.

THE INNOCENCE PROJECT’S AMICUS WORK HAS HELPED INFLUENCE JUDICIAL DECISIONS ABOUT FORENSIC SCIENCE EVIDENCE, POLICE AND PROSECUTORIAL MISCONDUCT, ACCESS TO DNA TESTING, FALSE CONFESSIONS AND MORE.

Eduardo Velasquez 1988 to 2001

Charles I. Fain 1983 to 2001

Anthony M. Green 1988 to 2001

John Dixon 1991 to 2001

Calvin Ollins 1988 to 2001

Larry Ollins 1988 to 2001

Marcellius Bradford 1988 to 2001

Omar Saunders 1988 to 2001

Larry Mayes 1982 to 2001

Richard Alexander 1998 to 2001

Mark Webb 1987 to 2001

FRIEND OF THE COURT, FRIEND OF THE INNOCENT

11

HIGHLIGHTS OF THE INNOCENCE PROJECT’S AMICUS PROGRAM IN 2010:
Kevin Keith v. State of Ohio Issues: Prosecutorial and Police Misconduct Filed with: U.S. Supreme Court Pro Bono Legal Partner: Weil, Gotshal & Manges LLP
The Innocence Network argues that Kevin Keith, scheduled for execution in September, has been denied a fair trial because evidence of his innocence was suppressed. It was not until Keith had already been convicted that new evidence implicating an alternate suspect was uncovered. Because of the prosecution’s failure to turn over the evidence of Keith’s innocence, he should be granted a new trial. Keith was convicted of murder in the 1994 shooting deaths of three Ohio people in which three others were wounded.

Larry Ray Swearingen v. Rick Thaler Issues: Access to Courts Filed with: Fifth Circuit Court of Appeals Pro Bono Legal Partner: Skadden, Arps, Slate, Meagher & Flom LLP
Larry Swearingen was convicted of capital murder in Texas in 1998. However, new scientific evidence suggests that Swearingen was in jail when the victim died and therefore could not have committed the murder. The Innocence Network brief argues that Swearingen should receive a stay of execution and a new trial. In January, the Fifth Circuit ruled that Swearingen’s execution be delayed in order for the court to consider his appeals.

Kimberly Hurrell-Harring et al. v. State of New York Issues: Ineffective Assistance of Counsel Filed with: New York Court of Appeals
This Innocence Project brief on behalf of indigent defendants across New York State argues that the county-based system of public defenders in New York is disparate, inequitable and ineffective and does not meet basic constitutional standards for providing effective legal representation for the poor. The brief uses DNA exoneration cases to highlight bad lawyering as one of the major causes of wrongful conviction. The Court of Appeals ruled in May to reinstate a lawsuit challenging the state’s system for representing poor defendants in criminal cases.

Leonard McSherry Ulysses R. Charles 1988 to 2001 1984 to 2001

Bruce Godschalk 1987 to 2002

Ray Krone 1992 to 2002

Hector Gonzalez Alejandro Dominguez Clark McMillan 1996 to 2002 1990 to 2002 1980 to 2002

Larry Johnson 1984 to 2002

Christopher Ochoa 1989 to 2002

Victor L. Thomas 1986 to 2002

Marvin Anderson 1982 to 2002

12

THE LUCK OF
THE DRAW
TEXAS EXONEREES, AND FORMER INNOCENCE PROJECT CLIENTS, HELPED PASS A GENEROUS COMPENSATION PACKAGE FOR THE STATE’S WRONGFULLY CONVICTED. FROM LEFT, JAMES GILES, LARRY FULLER, THOMAS MCGOWAN, JAMES WALLER, BRANDON MOON AND RONALD TAYLOR.

EXONEREE COMPENSATION IS OFTEN LEFT TO CHANCE
An exonerated person’s ordeal doesn’t end with exoneration. Unfortunately, the state assistance they receive often depends more on geography and politics than on their own unique needs.
Twenty-seven states have laws to compensate the wrongfully convicted, but vast inequities exist among those laws. The Innocence Project and its partners around the country – including exonerated men and women – work together to create or improve compensation laws so that exonerees can get the financial assistance and support services they need to transition from prison life to freedom. In the meantime, the Innocence Project social work program steps in to help address exonerees’ many needs. During their years of wrongful imprisonment, they have lost financial and career

Eddie J. Lloyd 1985 to 2002

Jimmy R. Bromgard 1987 to 2002

Albert Johnson 1992 to 2002

Samuel Scott 1987 to 2002

Douglas Echols 1987 to 2002

Bernard Webster 1983 to 2002

David B. Sutherlin 1985 to 2002

Arvin McGee 1989 to 2002

Antron McCray 1990 to 2002

Kevin Richardson 1990 to 2002

Yusef Salaam 1990 to 2002

THE LUCK OF THE DRAW

13

opportunities, quality medical care, a sense of identity, a place in society and more. Here are some of their stories:

GEORGIA: Samuel Scott, Still Waiting to Be Compensated
On his exoneration day in 2002, the Atlanta Journal-Constitution quoted Scott as saying, “I feel vindicated.” In 2005, the Legislature awarded him over $1 million through a special bill, but the money never materialized. Today, Scott’s feelings have changed. “I did a whole 360. What happened to me should never have happened. I’m being punished twice.” The influential District Attorney Spencer Lawton, who prosecuted the case and is still not convinced of Scott’s innocence, fought the legislation. Since Georgia has no compensation law, the Legislature sometimes awards funds on a case-by-case basis. But the amounts appear to be arbitrary; some Georgia exonerees receive twice as much as others. Georgians are left to question if compensation is based on the number of years served, the amount of the state’s budget that year, or worse – the popularity of the exoneree and the lawmaker sponsoring the bill. Scott has struggled to keep even low-paying jobs because of the wrongful conviction and the 16-year hole in his employment history. His last job, as a dishwasher at a pub, ended when his employer found out that he had been incarcerated. “They never expunged my record. And when I applied for a job, that wrongful conviction would pop up and nobody would hire me. So I had to start doing for myself,” he says. Two years ago, he started a landscaping business called Extra Mile Landscaping, but the business floundered and Scott had to sell off his landscaping equipment. He is now 54 years old. He has no retirement income and no health insurance. He says, “Legislators know what they should do.”

SAMUEL SCOTT.

FLORIDA: William Dillon, Denied State Compensation
Two years ago, just before Bill Dillon was released and exonerated through DNA testing, the Florida Legislature passed a law to provide compensation for the wrongfully convicted – $50,000 per year of wrongful imprisonment with a maximum of $2 million. The timing was perfect for Dillon, who would have been eligible for about $1.3 million – except for one thing. The Florida statute includes a “clean-hands provision,” making exonerees with any prior felony convictions ineligible. After 26 years in prison for a murder he didn’t commit, Dillon was prevented from receiving any restitution because of a teen drug conviction. “They’re saying that the joint and the Quaalude that I had in my pocket at 19 makes me ineligible,” he says. Dillon could have benefitted from the state’s assistance – financially, medically and emotionally. “I have high blood pressure and a thyroid condition. A lot of these medical tests that I haven’t had in years are very expensive. I’ve been diagnosed with posttraumatic stress disorder, so I should’ve been allowed Supplemental Security Income,

Raymond Santana 1990 to 2002

Korey Wise 1990 to 2002

Paula Gray 1978 to 2002

Richard Danziger 1990 to 2002

Julius Ruffin 1982 to 2003

Gene Bibbins 1987 to 2003

Eddie J. Lowery 1982 to 2003

Dennis Maher 1984 to 2003

Michael Mercer 1992 to 2003

Paul D. Kordonowy 1990 to 2003

Dana Holland 1995 to 2003

14

THE INNOCENCE PROJECT IN PRINT

but they’re not seeing it. Exonerees should be compensated the day that they’re released in order to get their lives back on track.” None of Florida’s 12 DNA exonerees have received compensation through the new law, and no other state has a clean-hands provision. Florida exoneree Alan Crotzer had previous felonies for stealing beer as a minor and incurring a drug conviction while he was in prison. He, too, was denied compensation despite having spent 24 years in prison for a rape and kidnapping that DNA testing proved he didn’t commit. The Florida Legislature ended up passing a special bill just to compensate Crotzer and may ultimately make the same concession for Dillon. Meanwhile, Dillon is faced with the awkward task of defending himself against the state again.

WISCONSIN: Fredric Saecker, Making Do with $25,000
“I just felt so lost that everything felt like too much,” Fred Saecker says of the early days after his release. “I had a lot to deal with. I didn’t want to go across the street. I didn’t want to go into stores. You don’t know where that fear comes from. It’s just there.” Saecker was wrongfully convicted of a 1989 rape and exonerated through DNA testing in 1996. “The good thing was getting exonerated, but the compensation was a joke.” According to the Wisconsin compensation law, Saecker was eligible for a maximum of $25,000. It barely scratched the surface of the income he’d lost over seven years.

WILLIAM DILLON TALKS TO REPORTERS ABOUT STATE COMPENSATION AT HIS MOTHER’S HOME IN SATELLITE BEACH, FLORIDA.

Kenneth Wyniemko 1994 to 2003

Michael Evans 1977 to 2003

Paul Terry 1977 to 2003

Lonnie Erby 1986 to 2003

Steven Avery 1985 to 2003

Calvin Willis 1982 to 2003

Nicholas Yarris 1982 to 2003

Calvin L. Scott 1983 to 2003

Wiley Fountain 1986 to 2003

Leo Waters 1982 to 2003

Stephan Cowans 1998 to 2004

THE LUCK OF THE DRAW

15

The 59-year-old Saecker, who works in a factory driving trucks and forklifts, would be contemplating retirement if it wasn’t for those lost years. “I was making about $20,000 when I went in. If I even had $20,000 multiplied by seven, that would be minimal. I already paid once for something I didn’t do. Why should I have to pay again when I’m 65?” With its miserly financial assistance and no social services, Wisconsin’s compensation law is one of the worst in the nation. Saecker, who would have liked to learn a trade or get a degree, could not afford the education. Montana offers educational aid to people exonerated through DNA testing, but no financial compensation. New Hampshire offers a maximum of $20,000. These three states are among the 27 that have compensation laws, although the practical impact of those laws is negligible.

TEXAS: Larry Fuller, Compensation Helps Fulfill His Goal
Texas leads the nation in wrongful convictions later overturned though DNA testing, but the state has also made a strong commitment to assisting exonerees after their release. Larry Fuller is one of 40 people proven innocent through DNA testing in the state. Fuller is a decorated Vietnam war veteran and former student of the Art Institute of Dallas. He served nearly 20 years in prison for a rape he didn’t commit. Both the judge and the prosecutor offered their apologies to Fuller at his exoneration in 2007, and he received an official pardon from the Governor. That same year, Fuller was awarded $1 million from the state, and he knew just what to do with it. “I’m giving tribute to the house where I grew up,” he says. Fuller’s childhood home had fallen into disrepair during the years that he was gone. His elderly father couldn’t keep it up, and his mother had passed away while he was in prison. “Roofing, plumbing, remodeling the kitchen, fixing the garage…We’ve shaped it up from top to bottom.” Fuller has also resumed his interest in drawing and painting and has recently purchased an easel, a sketchbook and other art supplies. Fuller, as well as many other Texas exonerees, helped lobby for criminal justice reforms to improve compensation and social services for the recently exonerated. Partly as a result of these efforts, the Texas Legislature passed the most comprehensive compensation package in the nation in 2009. The state now offers $80,000 per year of wrongful imprisonment plus $25,000 per year spent on parole or as a registered sex offender. Social services provided by Texas are the most comprehensive in the nation, including job training, tuition credits and access to medical and dental treatment. No state compensation package, no matter how good, could repair the harm or make every exonerated person feel whole again. But the state can certainly avoid compounding the injustice by repaying exonerees the money and resources they lost during their years of wrongful imprisonment. The state has an obligation to provide critical assistance. While the Innocence Project presses states to meet that obligation, the organization is dedicated to providing social work support one month, one year, even ten years after release. Working together, we can help exonerees and their families build a future. ▲

FREDRIC SAECKER.

Anthony Powell 1992 to 2004

Josiah Sutton 1999 to 2004

Lafonso Rollins 1994 to 2004

Ryan Matthews Wilton Dedge Arthur L. Whitfield Barry Laughman 1999 to 2004 1982, 1984 to 2004 1982 to 2004 1988 to 2004

Clarence Harrison 1987 to 2004

David A. Jones 1995 to 2004

Bruce D. Goodman 1986 to 2004

Donald W. Good 1984 to 2004

16

IN THEIR OWN WORDS
As reporters at The Columbus Dispatch, Mike Wagner and Geoff Dutton didn’t just cover DNA exonerations, they also helped exonerate people. Through a joint project with the Ohio Innocence Project, Wagner and Dutton’s work led to the exonerations of three men who had spent a combined 70 years in prison for crimes they didn’t commit. For their work on “Test of Convictions,” a series of articles about DNA access for prisoners with claims of innocence, they received the Innocence Network Journalism Award in April. (The Innocence Project is a founding member of the Innocence Network, a consortium of groups dedicated to exonerating the innocent and improving the criminal justice system.) The Innocence Project In Print recently spoke with Wagner and Dutton to discuss their work and its impact on the Ohio criminal justice system. (To read “Test of Convictions,” see www.dispatch.com/dna)

The Innocence Project In Print: You identified over 300 cases in which Ohio
prisoners had requested post-conviction DNA evidence, and very few of those requests had been granted. Focusing on 30 of those cases, you helped the prisoners continue their pursuit of DNA testing. How did you get involved in covering this issue?

Mike Wagner: Every paper in the state was writing run-of-the-mill stories saying that
the post-conviction DNA access law was flawed, but the stories never said why.

MIKE WAGNER (LEFT) AND GEOFF DUTTON IN THEIR OFFICES AT THE COLUMBUS DISPATCH.

Geoff Dutton: Once we gathered all the legal materials for the 312 cases together it was pretty striking what we found. In many cases, the judge never did issue a ruling, or the prosecutor never responded. The DNA request fell into a black hole and never reappeared again. We knew anecdotally that 12 to 14 people had been granted DNA testing. What we didn’t realize is that half of those people never got the testing anyway. After we got the full picture, we devised a strategy for the stories and approaches for how to explain it. IP: You were interviewing prisoners who had been fighting for years to prove their
innocence and talking to the families of the wrongfully convicted as well as some of the crime victims and their families. Were there difficult moments?

MW: I personally told several inmates that their evidence had been thrown away; you can imagine the reaction. There was an inmate named Ceasar Vines, who was a real candidate for DNA testing. So we dug through his file and we found paperwork saying

Darryl Hunt 1985 to 2004

Brandon Moon 1988 to 2005

Donte Booker 1987 to 2005

Dennis Brown 1985 to 2005

Peter Rose 1996 to 2005

Michael A. Williams 1981 to 2005

Harold Buntin 1986 to 2005

Anthony Woods 1984 to 2005

Thomas Doswell 1986 to 2005

Luis Diaz 1980 to 2005

George Rodriguez 1987 to 2005

IN THEIR OWN WORDS

17

that his evidence had been destroyed. When I told Ceasar, he slammed his hands down on the table and said, “This is my last chance! This is my life!” That day, in that prison, his despair set in.

GD: I was surprised that, with the victims we spoke to at least, they were open and supportive to the idea of DNA testing. Usually they didn’t doubt the conviction, they just felt that the testing would show what they knew already. IP: In April, Ohio passed a massive criminal justice reform bill that will bring
important improvements to several aspects of the state’s criminal justice system. What are some positive outcomes that you anticipate with the new reforms?

MW: Our legislators and the Governor were incredibly open-minded and supportive of the bill, and they recognized its importance. The new DNA access statute and the evidence preservation statute will help make DNA testing more available. Police lineup procedures have been improved. As we all know, the leading cause of wrongful convictions is eyewitness misidentification. So law enforcement deserves a lot of credit for accepting the bill. It was a big leap forward. IP: Are there other reforms that you would like to see in Ohio or nationally? MW: Exoneree compensation. Robert McClendon waited nearly two years after his
exoneration to get compensation from the state. Ray Towler, exonerated in May, is currently sleeping on an air mattress in the computer room at his brother’s house. And it’s a small house as it is. It could take years for Ray to get his money, and what does he do in the meantime?

IP: Has your work covering wrongful convictions ended, or how do you plan to
continue?

MW: We started working on this project in January 2007 and it could go to 2012, so that’s five years worth of work invested. When you’re a projects reporter eventually you’re forced to cut ties to that project and move on to the next thing. This can’t be like that. I don’t want to move on. I know there are other inmates we’ve talked to who potentially are innocent. But it’s not just about getting innocent people out, it’s also about making sure that the system is fair. IP: You both recently attended the Innocence Network Conference in Atlanta to
receive the first-ever Innocence Network Journalism Award. What was that experience like?

GD: It was a great feeling, but also a funny feeling to receive the award. Although
we’re proud of our work, here we were in a room full of people who had devoted their entire careers and many years of their lives. So it was little funny to be recognized for the little bit that we did.

MW: It was an honor to play a small role in helping to give someone their life back, and maybe just as importantly to help prevent more people from having their lives taken. ▲

Robert Clark 1982 to 2005

Phillip L. Thurman 1985 to 2005

Willie Davidson 1981 to 2005

Clarence Elkins 1999 to 2005

John Kogut 1986 to 2005

Entre N. Karage 1997 to 2005

Keith E. Turner 1983 to 2005

Dennis Halstead 1987 to 2005

John Restivo 1987 to 2005

Alan Crotzer 1981 to 2006

Arthur Mumphrey 1986 to 2006

18

EXONERATION NATION
Since January 2010, five more innocent people have been exonerated through DNA testing. The Innocence Project congratulates these inspiring individuals, as well as our colleagues who fought to help prove their innocence.
FREDDIE PEACOCK was wrongfully convicted of raping his Rochester, New York, neighbor in 1976. Two hours after the attack, he was arrested and interrogated. During the interrogation, Peacock explained that he had a history of mental illness and had been hospitalized several times. Police claimed that he confessed, although he could not tell officers where, when or how his neighbor had been raped. He spent over five years in prison before being paroled. He requested to remain on parole for fear that he would never be able to clear his name if he was released from state supervision. For 28
ABOVE: RAYMOND TOWLER HOLDING UP THE CLEVELAND CAVALIERS JERSEY HIS OHIO INNOCENCE PROJECT ATTORNEYS GAVE HIM TO CELEBRATE HIS EXONERATION, MAY 5, 2010. OPPOSITE PAGE, TOP TO BOTTOM: FREDDIE PEACOCK, TED BRADFORD, ANTHONY CARAVELLA AND FRANK STERLING.

Drew Whitley 1989 to 2006

Douglas Warney 1997 to 2006

Orlando Boquete 1983 to 2006

Willie Jackson 1989 to 2006

Larry Peterson 1989 to 2006

Alan Newton 1985 to 2006

James Tillman 1989 to 2006

Johnny Briscoe 1983 to 2006

Scott Fappiano 1985 to 2006

Allen Coco 1997 to 2006

James Ochoa 2005 to 2006

EXONERATION NATION

19

years, he fought to prove his innocence even though he was no longer incarcerated. On February 4, 2010, with the help of the Innocence Project, Peacock became the 250th person exonerated through DNA testing. TED BRADFORD was wrongfully convicted of the rape of a Yakima, Washington, woman in 1995. The assailant broke into the woman’s home, handcuffed her in the basement and put a Lone Ranger-style mask over her face. The perpetrator covered the eyeholes of the mask with adhesive tape to prevent the victim from being able to identify him. The Innocence Project Northwest helped Bradford prove his innocence through post-conviction DNA testing of the adhesive tape, but prosecutors insisted on retrying him. With overwhelming evidence pointing to another perpetrator, Bradford was acquitted by a jury on February 11, 2010. Fifteen-year-old ANTHONY CARAVELLA confessed to the rape and murder of a Miramar, Florida, woman after a lengthy and coercive interrogation. He was sentenced to life in prison. Caravella’s brothers and sisters followed their mother’s dying wish and fought to prove Caravella’s innocence. An initial DNA test was inconclusive, but a second test excluded Caravella. On March 25, 2010, Caravella was exonerated after 26 years in prison at the age of 41. Caravella was reunited with his siblings who had always believed in his innocence. FRANK STERLING had just finished a 36-hour trucking shift when police approached him for questioning about the murder of an elderly woman in Rochester, New York. Police suspected Sterling because his brother was incarcerated for attempting to sexually assault the victim. After a 12-hour interrogation that included hypnosis, Sterling confessed. He recanted almost immediately but was convicted in 1992. Postconviction DNA testing linked Mark Christie to the crime. Christie, one of the original suspects, is currently incarcerated for murdering a 4-year-old in 1994. Sterling was exonerated, with the help of the Innocence Project, on April 28, 2010, after nearly 18 years in prison. In 1981, an armed gunman raped an 11-year-old girl in a Cleveland park and forced her cousin to watch. A few weeks later, RAYMOND TOWLER was stopped for a traffic violation by a park ranger who believed that Towler resembled a drawing of the rape suspect and subsequently arrested him. Police said the victim and witnesses identified Towler from a photo array. He was found guilty and convicted of rape, assault and kidnapping. Towler, 24 years old at the time, was sentenced to life in prison. Towler petitioned for post-conviction DNA testing in 2004, and years later it was finally granted with the help of the Ohio Innocence Project. Towler was proven innocent and exonerated on May 5, 2010, after 29 years in prison. ▲

YEARS OF WRONGFUL INCARCERATION ENDURED BY ALL 254 EXONEREES

3,240
Gregory Wallis 1989 to 2007 Larry Fuller 1981 to 2007 Travis Hayes 1998 to 2007 Willie O. Williams 1985 to 2007 Roy Brown 1992 to 2007 Cody Davis 2006 to 2007

Jeffrey Deskovic 1990 to 2006

Marlon Pendleton 1996 to 2006

Billy J. Smith 1987 to 2006

Billy W. Miller 1984 to 2006

Eugene Henton 1984 to 2006

20

IP NEWS
EYEWITNESS IDENTIFICATION PROCEDURES ARE SUBJECT OF BROWN UNIVERSITY SUMMIT
Brown University’s Taubman Center for Public Policy recently sponsored an Eyewitness Identification Summit to examine the current state of eyewitness identification procedures from a variety of perspectives. Innocence Project Policy Director Stephen Saloom addressed the common factors that lead to misidentifications and the policies that can be implemented to improve the accuracy of the identification process. Massachusetts exoneree Dennis Maher spoke about his experience of being misidentified by three different witnesses, wrongfully convicted of rape, and finally exonerated through DNA testing after serving 19 years in prison. The event was conceived and organized by Innocence Project supporter Reade Seligmann, who was himself a victim of faulty lineup procedures and wrongfully accused in the “Duke Lacrosse” case of 2006. Other panelists at the summit included Jennifer Dysart, Professor of Psychology at John Jay College of Criminal Justice; George Kelley, Pawtucket Chief of Police; and Gerald Coyne, Deputy Attorney General of Rhode Island.

MOMENTUM BUILDS NATIONWIDE TO IMPROVE FORENSIC ANALYSIS IN FIRE INVESTIGATION CASES
Innocence Project Policy Director Stephen Saloom joined leaders in arson science for a gathering at a Georgetown University Law Forum in Washington, DC, in March to discuss standards for determining when a fire has been intentionally set. For decades, unreliable techniques were used widely, contributing to an unknown number of wrongful convictions. The issue has become prominent, in part, because of growing concerns about the case of Cameron Todd Willingham in Texas. Willingham was executed in 2004 for allegedly setting a fire that killed his three children.
PRESIDENT AND CEO OF MÖET HENNESSY USA, MARC CORNELL, RECEIVES THE “FREEDOM AND JUSTICE AWARD” FROM EXONEREE ALAN NEWTON (LEFT), ON BEHALF OF THE INNOCENCE PROJECT.

The Innocence Project requested a formal investigation of the Willingham case through the Texas Forensic Science Commission in 2006. The Commission’s expert report was set to be the subject of the commission’s meeting in October until Governor Rick Perry abruptly replaced several members of the commission, including the chair. At the commission’s April 2010 meeting, the case was finally discussed; however it has been reassigned to a four-member subcommittee, created so that discussions of the case could be kept private behind closed doors. The Innocence Project is working to bring more transparency to the process. In the meantime, other states are taking action to improve the standards of arson science. Oklahoma, Arizona and Nebraska have introduced resolutions that make it clear that fire investigators should rely on scientifically sound practices.

INNOCENCE PROJECT SUPPORTERS AND HONOREES CELEBRATE AT FOURTH ANNUAL BENEFIT
The Innocence Project 2010 Benefit, “A Celebration of Freedom & Justice,” recognized several honorees whose outstanding contributions have made a special impact on the

James Waller 1983 to 2007

Andrew Gossett 2000 to 2007

Antonio Beaver 1997 to 2007

Anthony Capozzi 1987 to 2007

Jerry Miller 1982 to 2007

Curtis McCarty James C. Giles 1986, 1989 to 2007 1983 to 2007

Byron Halsey 1988 to 2007

Dwayne A. Dail 1989 to 2007

Larry Bostic 1989 to 2007

Marcus Lyons 1988 to 2007

IP NEWS

21

Innocence Project’s work. On May 18 at Cipriani Wall Street, the Innocence Project honored Mark Cornell, President and CEO of Moët Hennessy USA; the leading law firm of Skadden, Arps, Slate, Meagher & Flom; and David Grann and The New Yorker. Cornell helped make possible the education of exoneree Alan Newton. Newton completed his degree in business administration from Medgar Evers College in June 2008 just two years after his exoneration. David Grann wrote, and The New Yorker published, a groundbreaking piece of investigative journalism about a wrongful execution in Texas. The Innocence Project also bestowed a “Freedom and Justice Award” to Skadden for its extraordinary pro bono legal assistance. (See “Friend of the Court, Friend of the Innocent,” page 9, for more about Skadden's work with the Innocence Project.) The benefit raised over $1 million for Innocence Project programs and operations.

INNOCENCE NETWORK CONFERENCE OF 2010 HOSTS THE LARGEST GATHERING OF EXONERATED MEN AND WOMEN EVER
At least 86 people who each served years in prison for crimes they didn’t commit gathered in Atlanta this April for the tenth annual Innocence Network Conference. The Innocence Network, a consortium of organizations providing pro bono legal and investigative services to prisoners with claims of innocence, has grown to over 60 organizations from all over the country and around the world. Hundreds of practitioners, academics, students and advocates attended the conference to reconnect and strategize about legal casework and criminal justice reform efforts. Hosted by the Innocence Project of Georgia, the gathering also sought to provide support services and networking opportunities to the many exonerated men and women. The 2011 Innocence Network Conference will be held in Cincinnati, Ohio, April 8-10 and hosted by the Ohio Innocence Project.

OHIO ENACTS HISTORIC REFORMS
Ohio passed one of the nation’s most comprehensive criminal justice reform bills in April when Governor Ted Strickland signed the legislation in a public ceremony. The Innocence Project worked closely with the Ohio Innocence Project to build legislative support for the bill over the last two years. The law will improve police practices in several areas, including eyewitness identification procedures, preservation of DNA evidence, recording of interrogations and more. These reforms will help apprehend the guilty, prevent wrongful convictions and help the wrongfully convicted prove their innocence. A joint project of the Ohio Innocence Project and The Columbus Dispatch helped expose the inadequacy of the state’s approach to addressing and preventing wrongful convictions. (See “In Their Own Words,” page 16, for an interview with Columbus Dispatch journalists.) Nine Ohioans have been exonerated through DNA testing, including most recently, Raymond Towler, who was released in May after 29 years in prison. ▲
TREENA BOZELLA, WIFE OF RECENTLY EXONERATED DEWEY BOZELLA, SPEAKS AT A SESSION FOR EXONEREES AND THEIR FAMILY MEMBERS AT THE 2010 INNOCENCE NETWORK CONFERENCE.

Chad Heins 1996 to 2007

John J. White 1980 to 2007

Rickey Johnson 1983 to 2008

Ronald G. Taylor 1995 to 2008

Kennedy Brewer 1995 to 2008

Charles Chatman Nathaniel Hatchett 1981 to 2008 1998 to 2008

Dean Cage 1996 to 2008

Thomas McGowan Robert McClendon 1985, 1986 to 2008 1991 to 2008

Michael Blair 1994 to 2008

22

INNOCENCE
THE FIRST 250
PERCENTAGE OF THE FIRST 250 PEOPLE EXONERATED THROUGH DNA:* Who are African American 60% Who are Latino 8% Who are Caucasian 29% Who were under the age of 18 when they were wrongfully convicted 6% Who were under the age of 22 when they were wrongfully convicted 21%

BY THE NUMBERS

Who served at least one-third of their lives in prison before they were exonerated 47% Average age at time of wrongful conviction 27 Average age at time of exoneration 42 Who were convicted of sexual assault 84% Who were convicted of murder 29% Who were convicted of both sexual assault and murder 16% Number who pled guilty to crimes they did not commit 19 Number who served time on death row 17
*Percentages

are based on cases where information is available to make a determination.

Patrick Waller 1992 to 2008

Steven Phillips Arthur Johnson 1982, 1983 to 2008 1993 to 2008

Joseph White 1989 to 2008

William Dillon 1981 to 2008

Steven Barnes 1989 to 2009

Ricardo Rachell 2003 to 2009

James Dean 1990 to 2009

Kathy Gonzalez 1990 to 2009

Debra Shelden 1989 to 2009

Ada J. Taylor 1990 to 2009

The Innocence Project was founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University to assist prisoners who could be proven innocent through DNA testing. To date, 254 people in the United States have been exonerated by DNA testing, including 17 who served time on death row. These people served an average of 13 years in prison before exoneration and release. The Innocence Project’s full-time staff attorneys and Cardozo clinic students provided direct representation or critical assistance in most of these cases. The Innocence Project’s groundbreaking use of DNA technology to free innocent people has provided irrefutable proof that wrongful convictions are not isolated or rare events but instead arise from systemic defects. Now an independent nonprofit organization closely affiliated with Cardozo School of Law at Yeshiva University, the Innocence Project’s mission is nothing less than to free the staggering numbers of innocent people who remain incarcerated and to bring substantive reform to the system responsible for their unjust imprisonment.

OUR STAFF
Olga Akselrod: Staff Attorney, Angela Amel: Director of Social Worker and Associate Director of Operations/ Litigation Department, Corinne Audet: Finance and Human Resources Associate, Elena Aviles: Documents Manager, Rebecca Brown: Policy Advocate, Loretta Carty: Legal Assistant, Sarah Chu: Forensic Policy Associate, Kayan Clarke: Paralegal, Scott Clugstone: Director of Finance and Administration, Craig Cooley: Staff Attorney, Valencia Craig: Case Management Database Administrator, Jamie Cunningham: Policy Associate, Huy Dao: Case Director, Maddy deLone: Executive Director, Anamarie Diaz: Case Assistant, Ezekiel R. Edwards: Staff Attorney/Mayer Brown Eyewitness Fellow, Eric Ferrero: Director of Communications, Nicholas Goodness: Case Coordinator, Edwin Grimsley: Case Coordinator, Caitlin Hanvey: Development Assistant, Nicole Harris: Policy Analyst, Barbara Hertel: Finance Associate, William Ingram: Case Assistant, Jane Jankie: Paralegal, Jeffrey Johnson: Office Manager, Matthew Kelley: Online Communications Manager, Jason Kreag: Staff Attorney, Christopher Lau: Paralegal, Audrey Levitin: Director of Development, David Loftis: Managing Attorney, Laura Ma: Assistant Director, Donor Services, Alba Morales: Staff Attorney, Nina Morrison: Senior Staff Attorney, Peter Neufeld: Co-Director, Charlene Piper: Special Assistant to the Executive Director, Vanessa Potkin: Senior Staff Attorney, Kristin Pulkkinen: Assistant Director, Individual Giving, Anthony Richardson: Policy Assistant and Database Administrator, Richard Salatiello: Director of Institutional Giving, Stephen Saloom: Policy Director, Alana Salzberg: Communications Associate, Barry Scheck: Co-Director, Chester Soria: Communications Assistant, Maggie Taylor: Senior Case Coordinator, Elizabeth Vaca: Assistant to the Directors, Marc Vega: Case Assistant, Elizabeth Webster: Publications Manager, Elizabeth Weill-Greenberg: Case Coordinator, Emily West: Research Director, Karen Wolff: Social Worker

Thomas Winslow 1990 to 2009

Joseph Fears Jr. 1984 to 2009

Miguel Roman 1990 to 2009

Victor Burnette 1979 to 2009

Timothy Cole 1986 to 2009

Johnnie Lindsey 1983, 1985 to 2009

Chaunte Ott 1996 to 2009

Lawrence McKinney Robert L. Stinson 1978 to 2009 1985 to 2009

Kenneth Ireland 1988 to 2009

Joseph Abbitt 1995 to 2009

INNOCENCE PROJECT, INC.
100 FIFTH AVENUE, 3RD FLOOR NEW YORK, NEW YORK 10011 WWW.INNOCENCEPROJECT.ORG BENJAMIN N. CARDOZO SCHOOL OF LAW, YESHIVA UNIVERSITY

Donate online at www.innocenceproject.org

James L. Woodard 1981 to 2009

Jerry L. Evans 1987 to 2009

Michael Marshall 2008 to 2009

James Bain 1974 to 2009

Donald E. Gates 1982 to 2009

Freddie Peacock 1976 to 2010

Ted Bradford 1996 to 2010

Anthony Caravella 1986 to 2010

Frank Sterling 1992 to 2010

Raymond Towler 1981 to 2010

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