Frank Sterling 4/28/10 Raymond Towler 5/05/10 Patrick Brown 6/17/10 Douglas Pacyon 6/21/10 Larry Davis 7/14/10

Alan Northrop 7/14/10 Anthony Johnson 9/15/10 William Avery 9/21/10 Maurice Patterson 10/08/10 Michael Anthony Green 10/20/10 John Watkins 12/13/10 Phillip Bivens 12/14/10 Bobby Ray Dixon 12/14/10 Larry Ruffin 12/14/10 Cornelius Dupree 3/03/11 Derrick Williams 4/04/11 Calvin Wayne Cunningham 4/12/11 Johnny Pinchback 6/08/11 Dwayne Jackson 7/01/11 David Ayers 9/12/11 Kenneth Kagonyera 9/22/11 Robert Wilcoxson 9/22/11 Henry James 10/21/11 Jonathan Barr 11/03/11 James Harden 11/03/11 Robert Taylor 11/03/11

THE INNOCENCE PROJECT IN PRINT

BENJAMIN N. CARDOZO SCHOOL OF LAW, YESHIVA UNIVERSITY VOLUME 7 ISSUE 2 WINTER 2011

IN THIS ISSUE
FEATURES
BOARD OF DIRECTORS
Michelle Adams Executive Committee Member Laura Arnold Gordon DuGan Senator Rodney Ellis Board Chair Jason Flom John Grisham Calvin C. Johnson, Jr. Dr. Eric S. Lander Vered Rabia Steven Alan Reiss Hon. Janet Reno Director Emeritus Rossana Rosado Matthew Rothman Stephen Schulte Board Vice Chair Chief Darrel Stephens Jack Taylor Board Treasurer DNA vs. TUNNEL VISION..........................................................................4 A NEW FOCUS ON EYEWITNESS MISIDENTIFICATION .........................9 NEEDLE IN A HAYSTACK .........................................................................12 IN THEIR OWN WORDS: Q&A WITH PENNSYLVANIA STATE SENATOR STEWART GREENLEAF ..................................................................16

9 18

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

ON THE COVER: HENRY JAMES AT THE INNOCENCE PROJECT NEW ORLEANS OFFICES AFTER HIS EXONERATION ON OCTOBER 21, 2011.

PHOTO CREDITS: COVER, Michael DeMocker/The Times-Picayune; PAGE 3, Heather Conley; PAGE 4, Terence Guider-Shaw; PAGE 8, photos of Englewood Four by Terence Guider-Shaw; PAGE 9, Rex C. Curry/The New York Times/Redux; PAGE 12, Eliot Kamenitz/The TimesPicayune; PAGE 18 TOP, G.J. McCarthy/The Dallas Morning News; PAGE 20, Nick Levitin; PAGE 21, Shirin Borthwick

THE NAMES THAT FOLLOW BELOW ARE THOSE OF THE 280 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 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

FROM THE EXECUTIVE DIRECTOR

CELEBRATING FREEDOM IN THE NEW YEAR

We have a lot to be thankful for here at the Innocence Project this year. Several of our clients from Chicago to Texas to Louisiana are home to spend the holidays with their families. Nothing compares to the feeling of seeing a client released into the arms of family members, sometimes for the first time in decades. Henry James, whose smile illuminates our cover, lost 30 years of his life to wrongful imprisonment at Angola Penitentiary in Louisiana. His determination inspires us as we inevitably encounter obstacles in our work to free the innocent and reform the criminal justice system. After a five-year search for biological evidence in James case, a crime lab employee who had memorized James case number while searching for his evidence years earlier fell upon the critical piece of evidence that led to James exoneration of a 1981 rape. See Needle in a Haystack, starting on p. 12, to read more about Henry James exoneration and the gains we are making to improve evidence preservation laws nationwide. In Illinois, the Innocence Project and partnering attorneys finally found success after years of battling Cook County prosecutors in the exoneration of three Chicago-area men, including Innocence Project client Jonathan Barr, who were wrongfully convicted as teenagers. See DNA vs. Tunnel Vision, starting on p. 4 to read about how two similar, but unrelated, cases led to wrongful convictions for nine young black men. The five who were still incarcerated have all recently been released, and our work to secure their full exonerations will continue into 2012. In Texas, we celebrated Michael Mortons release on October 4, after he served nearly 25 years for allegedly murdering his wife. After years of fighting for the right to conduct post-conviction DNA testing, the Innocence Project was finally able to prove Morton innocent and to identify the true perpetrator. See IP News, on page 21, for more about Morton and the ongoing investigation into prosecutorial misconduct in his case. Finally, we are thankful to be able to celebrate these exhilarating moments with you, our supporters. All of us, and especially our clients, are so deeply thankful for your partnership. We look forward to sharing continued successes in the New Year. Happy Holidays!

Maddy deLone Executive Director

BULLOCK 1984 TO 1994 DAVID SHEPHARD 1984 TO 1995 TERRY CHALMERS 1987 TO 1995 RONALD COTTON 1985, 1987 TO 1995 ROLANDO CRUZ 1985 TO 1995 ALEJANDRO HERNANDEZ 1985 TO 1995 WILLIAM O. HARRIS 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 KEVIN GREEN 1980 TO 1996 VERNEAL JIMERSON 1985 TO 1996 KENNETH ADAMS 1978 TO 1996 WILLIE RAINGE 1978, 1987 TO 1996 DENNIS WILLIAMS 1978,

DNA
THREE OF THE WRONGFULLY CONVICTED ENGLEWOOD FOUR FROM LEFT TO RIGHT, TERRILL SWIFT, MICHAEL SAUNDERS AND HAROLD RICHARDSON OUTSIDE OF A COOK COUNTY COURTHOUSE. SAUNDERS AND RICHARDSON WERE RECENTLY RELEASED BUT CANNOT BE EXONERATED UNTIL PROSECUTORS DROP THE CHARGES AGAINST THEM. SWIFT WAS PAROLED LAST YEAR.

vs. TUNNEL VISION

In spite of the Innocence Projects proven track record of freeing innocent prisoners, some prosecutors will fight exoneration every step of the way even when confronted with overwhelming scientific evidence of innocence. Two such cases have made headlines in Chicago this year, where Cook County prosecutors prolonged the incarceration of innocent prisoners for months. These two cases, involving nine wrongful convictions, demonstrate the incredible advocacy required when prosecutors unreasonably oppose exoneration efforts. In November, prosecutors dismissed the indictment against three of the men; still, the fight to exonerate all nine continues.

CRIMES, CONFESSIONS AND CONVICTIONS

Fourteen-year-old Cateresa Matthews body was found by Interstate 57 near the Dixmoor suburb of Chicago on December 8, 1991. She was naked from the waist down

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 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 HABIB W. ABDAL 1983 TO 1999 ANTHONY GRAY 1991 TO 1999

DNA vs. TUNNEL VISION

and had been shot. Nina Glover, a 30-year-old prostitute, was found wrapped in a sheet in a trash bin on November 7, 1994, in the Englewood neighborhood of Chicago. She had been strangled. Two different victims found 15 miles and three years apart with nothing but tragedy to unite them. Only after the murders did these two cases become so intertwined in the investigation, prosecution, post-conviction appeals and in the tunnel vision of the prosecutors. In both cases, law enforcement investigated five young black men and interrogated them without legal counsel or guardians present. (A parent or guardian was present at only one of the ten interrogations.) Eight of the 10 youths confessed and signed written statements the interrogations were not recorded. Pre-trial DNA evidence cleared all 10 youths. In both cases, DNA testing of semen revealed a single male profile that did not match any of the youths. The technology needed to link the profiles to the likely suspect did not exist at the time, so attorneys were left to speculate about the source of the semen. Charges were dropped against one of the defendants in the Englewood case, but the state refused to re-evaluate the charges against the other nine suspects. The prosecutions theory of the Englewood Four required jurors to believe that the teenagers gang raped the victim, beat her with a shovel, strangled her and disposed of her body without leaving a trace of evidence behind. In the Dixmoor Five case, the only evidence against the five teenagers was their alleged statements, which were full of inconsistencies. In order to explain the presence of unknown male semen recovered from the 14-year-old victims body, prosecutors argued that she must have been sexually active, but no boyfriend ever materialized. On the other hand, a wealth of research supports the defense theory: these youths confessed to crimes they didnt commit. Research shows that juveniles are particularly vulnerable to making false confessions. While false confessions contributed to about 25% of all the DNA exoneration cases, the rate is three times as high (76%) among cases involving those wrongfully convicted under the age of 18. In separate trials throughout the 1990s, the young men were convicted and sentenced. Watching their co-defendants struggle through trial, and lose, some chose to plead guilty. Some testified against their co-defendants in exchange for a reduced sentence. Ultimately, three of the nine pled guilty.

THE PROSECUTIONS THEORY OF THE ENGLEWOOD FOUR REQUIRED JURORS TO BELIEVE THAT THE TEENAGERS GANG RAPED THE VICTIM, BEAT HER WITH A SHOVEL, STRANGLED HER AND DISPOSED OF HER BODY WITHOUT LEAVING A TRACE OF EVIDENCE BEHIND.

NO ONE SHOULD HAVE TO EXPERIENCE WHAT WEVE EXPERIENCED

Terrill Swift, who was paroled last year, and is one of the Englewood Four spoke at a recent press conference. I repeatedly denied any involvement with this case, yet the police still interrogated me in isolation away from my family after I asked to speak with them.I was later charged and convicted off my false and coerced statement.No one should have to experience what weve experienced.

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 LARRY YOUNGBLOOD 1985 TO 2000 WILLIE NESMITH 1982 TO 2000 JAMES ODONNELL 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

Earlier this year, a DNA database search linked crime scene evidence to Johnny Douglas, a convicted murderer. Yet, prosecutors have still refused to acknowledge the terrible injustice done to Swift and his co-defendants. Douglas, now deceased, was present on November 7, 1994, when Glovers body was recovered by police. He was questioned at the scene, but never investigated. His lengthy criminal record includes pleading guilty to a similar murder, in which a prostitute was strangled to death. If he had been convicted of Glovers murder, he would never have had the opportunity to kill again. Prosecutors countered that the DNA hit to Douglas was irrelevant since Glover engaged in prostitution. As for his presence at the crime scene, they questioned whether he would have lingered there if he were guilty. To the contrary, law enforcement investigators and the FBI have firmly established the tendency of perpetrators to return to the scene of the crime. In the Dixmoor Five case, a similar DNA database search implicated Willie Randolph, a serial violent offender who was 32 years old when the crime occurred and had no conceivable connection to the five teenagers. At an April 2011 hearing, prosecutors argued that the DNA hit was not new evidence, and therefore didnt merit a re-trial. Innocence Project Staff Attorney Craig Cooley explains, There are only three possibilities. One: The victim had consensual sex with Randolph. Two: he found the victims body after the crime and had sex with the dead body. Three: he raped and shot her. Because there was no evidence that the victim was sexually active, prosecutors

THE INNOCENCE PROJECT TEAM MEETS CLIENT JONATHAN BARR AS HE IS RELEASED FROM PRISON ON NOVEMBER 3. FROM LEFT TO RIGHT, CARDOZO LAW STUDENT JEN MACLEAN, JONATHAN BARR, INNOCENCE PROJECT SOCIAL WORKER KAREN WOLFF AND INNOCENCE PROJECT STAFF ATTORNEY CRAIG COOLEY.

WATKINS 1986 TO 2000 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 KENNY WATERS 1983 TO 2001 DANNY BROWN 1982 TO 2001 JEFFREY PIERCE 1986 TO 2001 JERRY F. TOWNSEND 1980 TO 2001 CALVIN WASHINGTON 1987 TO 2001 EDUARDO VELASQUEZ 1988 TO 2001 CHARLES I. FAIN 1983 TO 2001 MICHAEL 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

DNA vs. TUNNEL VISION

began to pursue the implausible theory that Randolph, discovering the body after the crime, had sex with the deceased victim. While prosecutors stalled, the public took action. This summer, more than 70,000 people nationwide signed a petition calling on Cook County States Attorney Anita Alvarez to join in seeking to overturn the convictions. Alvarezs resistance is rare; most prosecutors move quickly to assist the Innocence Project when confronted with DNA evidence of innocence. In 82% of DNA exoneration cases, prosecutors consented to post-conviction DNA testing. Indeed, some district attorneys offices have established special units to uncover wrongful convictions. The legal team assembled to fight these convictions is second to none. The Innocence Project, together with Northwestern Universitys Center on Wrongful Convictions of Youth, the Exoneration Project at the University of Chicago and Valorem Law Group, have teamed up to vindicate the wrongfully convicted men. Thanks to their dogged efforts, media exposure and public activism, the States Attorneys office finally relented. On November 3, James Harden, Jonathan Barr and Robert Taylor three of the defendants from the Dixmoor case were released and exonerated. The remaining two, Robert Lee Veal and Shainne Sharp, are still struggling to be exonerated. After 15 years in prison, brothers Harden and Barr now share an apartment and are discovering freedom together. Barr was 15 when he was arrested and Harden was 17; they grew up in prison.

JUSTICE DELAYED IS JUSTICE DENIED

The Lake County, Illinois, case of Bennie Starks illustrates the extraordinary power the prosecution holds to delay, or deny, justice in a case. Starks was wrongfully convicted of a 1986 rape. In 2001, the Innocence Project obtained DNA test results suggesting that Starks was innocent. After additional rounds of DNA testing, Starks was finally released in 2006 and granted a retrial. In all, three rounds of DNA testing on items including the rape kit and victims underwear have confirmed Starks innocence; nevertheless, Assistant States Attorney Michael Mermel prepares to retry him. A recent New York Times Magazine article quotes him as saying, We dont fold our tents and run. We dont quaver because somebody holds up three letters: DNA. Starks awaits exoneration 10 years after the first exculpatory DNA test results and 25 years after his wrongful conviction. Starks says, They just dont want to believe it. Its not only my case, its not only Illinois. A lot of states show resistance towards wrongful convictions and DNA exonerations. Part of it is racism, part of it is political. Bennie Starks remains in legal purgatory he cannot file for state compensation or get his records expunged; he has had trouble finding and keeping a job. Like Starks, two of the Englewood Four have been released but not exonerated and are experiencing a similar state of legal limbo. Innocence Project client Michael

INNOCENCE PROJECT CLIENT MICHAEL SAUNDERS AT HIS GRADUATION FROM A PRISON TRADE PROGRAM.

SAUNDERS 1988 TO 2001 LARRY MAYES 1982 TO 2001 RICHARD ALEXANDER 1998 TO 2001 MARK WEBB 1987 TO 2001 LEONARD MCSHERRY 1988 TO 2001 ULYSSES R. CHARLES 1984 TO 2001 BRUCE GODSCHALK 1987 TO 2002 RAY KRONE 1992 TO 2002 HECTOR GONZALEZ 1996 TO 2002 ALEJANDRO DOMINGUEZ 1990 TO 2002 CLARK MCMILLAN 1980 TO 2002 LARRY JOHNSON 1984 TO 2002 CHRISTOPHER OCHOA 1989 TO 2002 VICTOR L. THOMAS 1986 TO 2002 MARVIN ANDERSON 1982 TO 2002 EDDIE J. LLOYD 1985 TO 2002 JIMMY R. BROMGARD 1987 TO 2002 ALBERT JOHNSON 1992 TO 2002 SAMUEL SCOTT

THE INNOCENCE PROJECT IN PRINT

Saunders and his co-defendant Harold Richardson were released on November 16 after a local judge overturned their convictions. Prosecutors must now decide whether to drop the case or appeal the decision. Vincent Thames and Terrill Swift, the other two co-defendants, were already released and living under strict regulation as registered sex offenders. Starks experience shows that a timely exoneration cannot be assured. Whats most troubling is the pattern of injustice not just by the States Attorneys Office who has delayed justice, but also by the prosecutors who pursued these cases in the first place. Cook County has a long history of wrongful convictions: 23 people have been exonerated of 16 distinct crimes through DNA testing there. Please join us in calling on prosecutors to drop the charges for the Englewood Four. To sign a petition that will be sent to Cook County States Attorney Anita Alvarez go to, www.innocenceproject.org/chicago.

THE DEFENDANTS CHARGED WITH THE MURDER OF NINA GLOVER: THE ENGLEWOOD FOUR

TERRILL SWIFT
17 YEARS OLD AT ARREST, CONVICTED, SENTENCED TO 40 YEARS; ON PAROLE

HAROLD RICHARDSON
16 YEARS OLD AT ARREST, CONVICTED, SENTENCED TO 40 YEARS; RELEASED ON NOVEMBER 16

MICHAEL SAUNDERS
15 YEARS OLD AT ARREST, CONVICTED, SENTENCED TO 40 YEARS; RELEASED ON NOVEMBER 16

VINCENT THAMES
18 YEARS OLD AT ARREST, PLED GUILTY AND SENTENCED TO 30 YEARS; COMPLETED SENTENCE

JERRY FINCHER
18 YEARS OLD AT ARREST, CONFESSION SUPPRESSED, CHARGES WERE DROPPED

CHARGED WITH THE MURDER OF CATERESA MATTHEWS: THE DIXMOOR FIVE

JONATHAN BARR
14 YEARS OLD AT ARREST, CONVICTED, SENTENCED TO 85 YEARS; EXONERATED

ROBERT TAYLOR
14 YEARS OLD AT ARREST, CONVICTED, SENTENCED TO AT LEAST 80 YEARS; EXONERATED

JAMES HARDEN
16 YEARS OLD AT ARREST, CONVICTED, SENTENCED TO AT LEAST 80 YEARS; EXONERATED

ROBERT LEE VEAL

14 YEARS OLD AT ARREST, PLED GUILTY, SENTENCED TO 20 YEARS; COMPLETED SENTENCE

SHAINNE SHARP
16 YEARS OLD AT ARREST, PLED GUILTY, SENTENCED TO 20 YEARS; COMPLETED SENTENCE

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 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 KENNETH WYNIEMKO

A NEW FOCUS ON

EYEWITNESS MISIDENTIFICATION
Social scientists who study how eyewitnesss memory works have developed procedures that are proven to reduce the rate of misidentifications. But most police departments dont question whether their eyewitness identification procedures are up to date with scientific research. Indeed, many police departments dont have written guidelines for identification procedures at all. By educating law enforcement, prosecutors, defense attorneys and the public, the Innocence Project is working to change that. Two recent successes bring broader support for reform, and a recent tragedy underscores the urgent need for it. A witness to a crime sits at a laptop computer and selects the Start Lineup button. A series of instructions appear on the screen, Photos will be shown to you one at a time and you will be asked if the individual is familiar to youThe photographs will not be in any particular orderThe person who committed the crime may or may not be included. With this simple, uniform procedure, police lineups meet modern technology no two-way glass, no dimly-lit viewing room, and, since the procedure is electronically recorded, no question about what transpired. The study compared what is known as sequential lineups, when witnesses view one suspect photo at time, and simultaneous lineups, when witnesses view all suspect
OFFICERS CHRIS DANIELS, LEFT, AND DAVID PUGHES OF THE DALLAS POLICE HOMICIDE UNIT SIMULATING A SEQUENTIAL PHOTO LINEUP.

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 ANTHONY POWELL 1992 TO 2004 JOSIAH SUTTON 1999 TO 2004 LAFONSO ROLLINS 1994 TO 2004 RYAN MATTHEWS 1999 TO 2004 WILTON DEDGE 1982, 1984 TO 2004 ARTHUR L. WHITFIELD 1982 TO 2004 BARRY LAUGHMAN 1988 TO 2004 CLARENCE HARRISON 1987 TO 2004 DAVID A. JONES

10

THE INNOCENCE PROJECT IN PRINT

photos at once. A key component is blind administration the officer administering the lineup doesnt know which lineup member is being investigated by police and which is a filler. Social scientists who study eyewitness misidentification have encouraged police to use sequential lineups with a blind administrator. The results of this field study, as recently released in a report by the American Judicature Society, have confirmed what social scientists discovered through research. Not only did the rate of misidentifications drop when pictures were shown sequentially, but also, witnesses were just as likely to identify the suspect. Therefore, the study will be a huge reassurance to law enforcement as they adopt new procedures. Some had criticized best practices developed in a lab as not being applicable to real-world situations, and the study has done much to allay those fears. The in-the-field experiences of police departments nationwide, from big cities to small towns, resolutely demonstrate that adopting best practices benefits law enforcement. It increases confidence in the accuracy of the identification, offers a consistent training program for new officers and ultimately, eyewitness evidence holds up better in court. Innocence Project Board Member Darrel Stephens, the former Chief of the CharlotteMecklenburg Police Department in North Carolina says, The investigators, as theyve talked about and worked on these different procedures and understood the research, have become much better detectives. Theyre able to come to court and say this is the procedure we used, and heres why we used it, and here are the steps that we took the eyewitness through.

PEOPLE TEND TO THINK OF THE ABILITY TO RECOGNIZE A FACE AS A NATURAL ABILITY, BUT A CRIMINAL SITUATION IS TOTALLY DIFFERENT THAN WHAT PEOPLE GENERALLY EXPERIENCE.
Gary Wells, eyewitness identification expert and Iowa State University Professor.

PREVENTING MISIDENTIFICATIONS FROM BECOMING WRONGFUL CONVICTIONS

The New Jersey Supreme Court recently reviewed a wealth of academic and scientific research on eyewitness identifications during an unprecedented special hearing to review how courts evaluate eyewitness evidence. Some of the nations leading experts, including internationally-renowned eyewitness identification researcher Gary Wells testified about the science of memory and why eyewitnesses sometimes get it wrong. People tend to think of the ability to recognize a face as a natural ability, Wells told The Innocence Project In Print. But a criminal situation is totally different than what people generally experience. Wells and other scientists testified about the types of variables that can lead to misidentification: Was the witness told that the perpetrator may not be present in the lineup? Did police avoid providing the witness with positive feedback after the identification? Did the witness have multiple opportunities to view the same person? In August, the Court responded with a landmark ruling that will require judges to more thoroughly scrutinize police identification procedures and enhance jury instructions. The ruling will reduce the risk of misidentifications contributing to wrongful convictions in the state and has already started to influence courts nationwide.

1995 TO 2004 BRUCE D. GOODMAN 1986 TO 2004 DONALD W. GOOD 1984 TO 2004 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 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

A NEW FOCUS ON EYEWITNESS MISIDENTIFICATION

11

New Jersey became the first state to mandate eyewitness identification reforms in 2001 after the DNA exoneration of McKinley Cromedy, who was misidentified by a rape victim. In the ten intervening years, support for reform has slowly, but steadily, grown. Leading national criminal justice organizations including the National Institute of Justice and the American Bar Association have also issued eyewitness identification recommendations for best practices. Adopting best practices also helps spare victims and witnesses from the horrible experience of getting it wrong. Jennifer Thompson, a rape victim who misidentified her assailant, is now an advocate for eyewitness identification reform and co-author of Picking Cotton with Ronald Cotton, the wrongfully convicted defendant in her case. Thompson offers an analogy. Can you imagine going to the doctors office and the doctor says, We need to do a triple bypass surgery on you, and were going to use the techniques we used in 1969. We have modern technology, but were not going to use that. If we have best practices in the medical field, wouldnt it be logical to have best practices for identification procedures? For a real world-example of the pitfalls of a bad identification procedure, one need look no further than the Troy Davis case. In that highly publicized case, police staged a reenactment of the crime scene with four of the witnesses, including one who might have been the perpetrator. Furthermore, in the photo lineup, police showed witnesses the same photo of Davis that had already appeared on Wanted posters and in the media. Davis photo was the only one that witnesses had previously seen. Finally, some of the witnesses had very limited opportunity to view the perpetrator in limited lighting or from a great distance making it doubtful that they would have been able to distinguish him later. Of the nine witnesses who identified Davis at trial, seven later recanted. The state of Georgia executed Troy Davis on September 21, 2011, although the Innocence Project, and many other groups, had urged the Georgia Board of Pardons and Paroles to grant clemency. That request was denied by three of the five Board members. The Innocence Project also submitted an amicus brief to the U.S. Supreme Court on Davis behalf. The brief urged the Court to consider the case and demonstrated the very real danger of executing an innocent man. In his last words, Davis reasserted his innocence and urged his friends and family to continue to fight the fight. The Innocence Project will continue that fight in the years ahead on three fronts urging law enforcement and lawmakers to adopt best practices in order to prevent misidentifications, training attorneys and judges how to litigate eyewitness identification cases so that misidentifications dont lead to wrongful convictions, and fighting to change the legal framework on how courts evaluate eyewitness evidence.
ADOPTING BEST PRACTICES HELPS SPARE VICTIMS AND WITNESSES FROM THE HORRIBLE EXPERIENCE OF GETTING IT WRONG.

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 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 JEFFREY DESKOVIC 1990 TO 2006 ALLEN COCO 1997 TO 2006 JAMES OCHOA 2005 TO 2006 SCOTT FAPPIANO 1985 TO 2006 MARLON PENDLETON 1996 TO 2006 BILLY J. SMITH 1987

12

NEEDLE IN A

HAYSTACK
Henry James hung his hopes of exoneration on the Innocence Projects ability to find DNA evidence in his case. However, when his box of evidence was located, attorneys discovered with dismay that it was empty. It seemed like a hopeless situation, James admits, But I had confidence, even after 30 years. He had been wrongfully imprisoned since 1981.
DNA evidence exonerates more clearly than almost any other type of evidence. Every innocent prisoner hopes for it. Without DNA, exoneration can take much longer and may not result in a full declaration of actual innocence, which can be required for compensation and for the wrongfully convicted person to clear his name.
TWO LAB TECHNICIANS HANDLE CRIMINAL EVIDENCE AT THE ORLEANS PARISH COURTHOUSE DURING AN INVENTORY FOR THE ORLEANS PARISH POST-CONVICTION DNA/EVIDENCE PROJECT.

TO 2006 BILLY W. MILLER 1984 TO 2006 EUGENE HENTON 1984 TO 2006 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 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 1986, 1989 TO 2007 JAMES C. GILES 1983 TO 2007 BYRON HALSEY 1988 TO 2007 DWAYNE A. DAIL 1989 TO 2007 LARRY BOSTIC 1989 TO 2007 MARCUS LYONS 1988 TO 2007 CHAD

NEEDLE IN A HAYSTACK

13

However, the type of evidence needed for DNA testing blood, semen, hair, fingernail scrapings, saliva and other biological samples is so small that it can easily get lost or misplaced among the piles of other evidence. In at least 23 of the 280 DNA exonerations, evidence was initially reported lost or destroyed. If not for the Innocence Projects persistence, many of these 23 exonerees would still be incarcerated. James case provides a recent example. After exhaustive searches for Henry James evidence by the Jefferson Parish Crime Laboratory proved fruitless, the Innocence Project considered closing the case. Senior Staff Attorney Vanessa Potkin summarizes the decision to keep searching: Searches for DNA evidence often come up empty handed, but we couldnt bear to give up the search. We just felt so compelled by his innocence. James ordeal began in 1981 when a neighbor was raped at knifepoint. Although the victim initially said that she didnt know her assailant, she later identified James in a photo array. James knew the victims husband and had met her on several occasions, including the day before the attack. Blood type testing at trial also strongly suggested that James was not the perpetrator but his defense attorney failed to bring this critical fact to the jurys attention. As Henry James waited at Angola Penitentiary, Cardozo students traveled to New Orleans to search for the evidence in his case. When that search failed, the Innocence Project enlisted the law firm of Willkie Farr and Gallagher to file motions to continue the search. Potkin then assisted New Orleans lab employees as they sifted through boxes of unlabeled evidence. The persistence finally paid off. A few months after this trip, Potkin received a phone call that crime lab employee Milton Dureau had happened upon a slide with James case number on it, mixed up in another box of evidence. Potkin and her students spoke of the case so often that Dureau had committed the number to memory and recognized it immediately. DNA testing of the slide excluded James as the perpetrator. When Potkin called James to tell him that he would be released, she was met by silence at the other end. James explains how, in that moment, he was quietly thanking God. In some situations you got to hold the emotions. You train yourself within to be peaceful. On October 21, James was exonerated and freed. He has since been reunited with his two daughters who were toddlers at the time of his wrongful conviction. The Innocence Project New Orleans was co-counsel on the case. After Hurricane Katrina struck in August 2005, Innocence Project attorneys despaired of ever finding evidence in their New Orleans clients cases. A tour of facilities in the area revealed that much of the evidence had been affected by water damage. Thankfully, New Orleans recognized this opportunity to improve warehousing systems and began a massive inventory of evidence in 2009. The Innocence Project New Orleans, Orleans Parish District Attorneys Office and other local partners launched the joint project with the help of a federal grant. The inventory includes cataloguing every

WE COULDNT BEAR TO GIVE UP THE SEARCH. WE JUST FELT SO COMPELLED BY HIS INNOCENCE.
Vanessa Potkin, Innocence Project Senior Staff Attorney

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 1981 TO 2008 NATHANIEL HATCHETT 1998 TO 2008 DEAN CAGE 1996 TO 2008 THOMAS MCGOWAN 1985, 1986 TO 2008 ROBERT MCCLENDON 1991 TO 2008 MICHAEL BLAIR 1994 TO 2008 PATRICK WALLER 1992 TO 2008 STEVEN PHILLIPS 1982, 1983 TO 2008 ARTHUR JOHNSON 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

14

single item from the Parish warehouse facilities, police department and courthouse even if its damaged. The inventory project has produced biological samples for Innocence Project clients like Joseph Alpine. Even before Katrina, Alpine had been told that his evidence was destroyed. The requested evidence, from a 1978 rape, was so old that clerks struggled to find it under the old system. However, during the inventory, the search team discovered a bed sheet with Alpines case number in the courthouse attic one of the few places completely unaffected by flooding. Alpine has always maintained his innocence; now he may finally have the chance to prove it. Unfortunately, many wrongfully convicted prisoners will never get that chance. Twentytwo percent of the cases closed by the Innocence Project from 2004 through October 2011 were closed because the evidence could not be located. Considering the state of many property rooms across the nation where antiquated systems are still the norm its not surprising. Evidence may also be located in district attorneys offices, hospitals, police departments, courthouses and crime labs, where it is not likely to be better maintained.

BRINGING ORDER TO CHAOS

One outstanding exception is the property room of the Charlotte-Mecklenburg Police Department, which underwent a massive renovation when it relocated in 1995. Each piece of evidence was bar-coded and computerized so that it could be easily tracked. Re-cataloguing all of this evidence took only nine months, and cost less than $300,000. Charlotte, which is the second largest city in the Southeastern United States, proved that even big city systems can be renovated on a budget and a timeline. Once

INNOCENCE PROJECT CLIENT HENRY JAMES WITH HIS DAUGHTER THE DAY HE WAS RELEASED AND EXONERATED, OCTOBER 21, 2011.

KATHY GONZALEZ 1990 TO 2009 DEBRA SHELDEN 1989 TO 2009 ADA J. TAYLOR 1990 TO 2009 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 1978 TO 2009 ROBERT L. STINSON 1985 TO 2009 KENNETH IRELAND 1988 TO 2009 JOSEPH ABBITT 1995 TO 2009 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

NEEDLE IN A HAYSTACK

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the project was complete, the department formed a Homicide Cold Case Unit, using the old evidence to solve crimes. The Dallas Police Department has also set a shining example, preserving small biological samples on slides from rapes, murders and other violent crimes since the 1970s. The practice has contributed to the high rate of exonerations in that county where 21 people have been cleared through DNA testing. In Houston, where purges of evidence took place throughout the 1990s, only seven people have been exonerated with DNA evidence. The federal government has recognized the value of preserving crime scene evidence not only to help exonerate the innocent but also to solve cold cases. The Justice For All Act (JFAA), passed in 2004, includes provisions for ensuring the proper collection and preservation of biological evidence. Because some states financial woes limit their ability to maintain or update evidence storage facilities, the JFAA offers grants to help finance these efforts. Orleans Parish benefitted from such a grant. In 2009, the National Institute of Justice created a working group to identify best practices relating to the preservation of biological evidence. The Innocence Project is a participating member of the group, which is charged with developing technical guidelines to reduce premature destruction and degradation of biological evidence. The group will issue model legislation and best practices next year. States have embraced evidence retention as well. All but two states have now adopted post-conviction DNA access laws, which allow prisoners with claims of innocence to request DNA testing, and many have attached statutes to preserve evidence. Today, 32 states require that evidence automatically be preserved, although many of these laws are not as rigorous as the Innocence Project recommends. Some statutes preserve evidence only for certain types of crimes, others allow for its premature destruction, and many fail to hold officials accountable if evidence is destroyed. While DNA testing brought new significance to the practice of preserving evidence, many states are still operating under pre-DNA era policies. In much of the country, evidence is routinely destroyed, lost, contaminated and more. Far from the public eye, evidence warehouses have not been a priority for jurisdictions tight on cash, but the Innocence Project and other advocacy groups are helping to shine a bright light in dark corners. With state compliance and federal assistance, those innocent prisoners who have been told that their evidence has been lost or destroyed still have reason to hope. In the meantime, the Innocence Project will keep searching for those like Henry James who refuse to give up.

ONE OF MANY WORKS OF ART THAT HENRY JAMES CREATED WHILE HE WAS IN PRISON. JAMES BECAME A WOODWORKING ARTIST DURING HIS YEARS AT ANGOLA PENITENTIARY.

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 CURTIS J. MOORE 1978 TO 2010 PATRICK BROWN 2002 TO 2010 DOUGLAS PACYON 1985 TO 2010 LARRY DAVIS 1993 TO 2010 ALAN NORTHROP 1993 TO 2010 ANTHONY JOHNSON 1986 TO 2010 WILLIAM AVERY 2004 TO 2010 MAURICE PATTERSON 2003 TO 2010 MICHAEL A. GREEN 1983 TO 2010 JOHN WATKINS 2004 TO 2010 PHILLIP BIVENS 1980 TO 2010 BOBBY RAY DIXON 1980 TO 2010 LARRY RUFFIN 1980 TO 2010 CORNELIUS

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IN THEIR OWN WORDS

Q & A WITH PENNSYLVANIA STATE SENATOR STEWART GREENLEAF
Through over 30 years of service as a Pennsylvania State Senator, Stewart Greenleaf has become a leader in criminal justice reform in his state. As Chair of the State Senate Judiciary Committee, he introduced legislation to create the Pennsylvania Advisory Committee on Wrongful Convictions. The Committee has spurred other states, and even the federal government, to consider creating similar criminal justice reform commissions. As the Pennsylvania Committee issued its comprehensive report this fall, Senator Greenleaf connected with the Innocence Project to discuss his experience fighting wrongful convictions through legislative reform.

Innocence Project In Print: Addressing the problem of wrongful convictions and

reforming the criminal justice system have become hallmarks of your career. Why did you choose to focus on these issues?

PENNSYLVANIA STATE SENATOR STEWART GREENLEAF

Senator Greenleaf: I came to the Pennsylvania State Legislature with a keen interest in criminal justice issues but from the vantage point of a former prosecutor. I used to think that wrongful convictions couldnt happen. Then in February 2000, the Senate Judiciary Committee held a public hearing on the death penalty. During the hearing they kept saying to me, as chairman, that we had convicted innocent people. So I said, That could have happened in other states but not in Pennsylvania. They said Well show you that it has happened if you make it easier to access DNA evidence. So I introduced Pennsylvanias post-conviction DNA access statute in 2002. IP: Was it a revelation to meet the people that were exonerated? SG: One was on death row, two were serving life imprisonment, the others were
serving very serious sentences. I had been under the impression that justice was being accomplished for the victim, and here we were creating more victims. Some people say, Thats the price of the process. I could not accept that one innocent person had been wrongfully convicted, let alone 10 and probably many more who dont have DNA evidence for testing. Thats when I started to look at the criminal justice system more

DUPREE 1980 TO 2011 DERRICK WILLIAMS 1993 TO 2011 CALVIN W. CUNNINGHAM 1981 TO 2011 JOHNNY PINCHBACK 1984 TO 2011 DWAYNE JACKSON 2003 TO 2011 DAVID AYERS 2000 TO 2011 KENNETH KAGONYERA 2001 TO 2011 ROBERT WILCOXSON 2002 TO 2011 HENRY JAMES 1982 TO 2011 JONATHAN BARR 1997 TO 2011 JAMES HARDEN 1995 TO 2011 ROBERT TAYLOR 1995 TO 2011

IN THEIR OWN WORDS

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closely. Justice is served when a guilty person is convicted and an appropriate sentence is imposed, but justice is also served when we acquit an innocent person.

IP: Could you help explain some of the objections to criminal justice reform, and how
you respond to them?

SG: We do hear significant objections. I dont necessarily agree with them. For
example, some say that only a handful of innocent people are imprisoned, and that these reforms will allow guilty people to avoid prosecution because law enforcement is ham-strung by regulations. Once they realize that its a justice issue, and that it will aid them in their investigation, theyll be on board. That has been the experience in other states. People in law enforcement want to be part of a justice system that provides for public safety, and they will realize this is the best way of reaching that goal.

IP: How can the Pennsylvania Advisory Commitee be a role model for other criminal
justice reform commissions in other states?

SG: The decision was made early in the process not to retry cases or play the blame
game, to think prospectively and focus on how the system can be improved. The committee was made up of 50 members representing all aspects of the criminal justice system from law enforcement to defense attorneys. The goal was to reach a consensus on recommendations which could be submitted to the Senate. Even if there was disagreement on certain points, we felt it was important to get the proposals before the public and the Legislature for debate. Many of the recommendations may be adopted by law enforcement as best practices without the need for legislative action.
WELL NEVER BE ABLE TO ELIMINATE ALL MISTAKES, BUT WE CERTAINLY OWE IT TO SOCIETY AND TO THE CRIMINAL JUSTICE SYSTEM TO MAKE IT THE MOST EFFICIENT PROCESS POSSIBLE.
Senator Stewart Greenleaf

IP: Tell us about the report. What have been the greatest successes of the commission? SG: Its a 328-page report with 1,200 footnotes based on a body of scientific and
scholarly evidence about wrongful convictions. Theres a recommendation dealing with confessions and recording interrogations, one for conducting eyewitness identification procedures, one for handling forensic evidence, and more. Well never be able to eliminate all mistakes, but we certainly owe it to society and to the criminal justice system to make it the most efficient process possible. Certainly it will improve the prosecutions case. If they follow every recommendation, it would be very difficult to challenge those cases. Secondly, wed be assured, as much as we possibly could be, that we have convicted the right person. And finally, we would know that the person who committed the crime has been brought to justice and is not walking the streets.

IP: How do you feel that the Innocence Project can better work with legislators to
reform the criminal justice system?

SG: The Innocence Project are real groundbreakers for showing innocent individuals
are being prosecuted, convicted and sentenced for crimes they didnt commit. As it was in Pennsylvania, the Innocence Project can be a great resource for states establishing commissions. Once the commission completes its study, the Innocence Project can provide advice on how to develop public and political support for recommendations.

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EXONERATION NATION
Since the last newsletter, nine more innocent people have been exonerated with DNA testing. The Innocence Project congratulates these inspiring individuals, as well as the lawyers in projects across the country who fought to help prove their innocence.
JOHNNY PINCHBACKs ordeal began in 1984, when two teenage girls in Dallas were raped at gunpoint. Days later, one of the two girls saw Pinchback driving near her apartment complex and jotted down the license plate number. Pinchback cooperated with police, believing that his innocence would soon become evident. However, both girls identified Pinchback as their assailant in a photo lineup, and he was convicted of the crime. While imprisoned, Pinchback met Charles Chatman and the two became friends. After his own DNA exoneration in 2008, Chatman persistently encouraged the Innocence Project of Texas to look into his friends case. Thanks to their pro bono assistance, Pinchback was exonerated on June 8, 2011, after 27 years behind bars. An accidental mix-up in DNA evidence cost DWAYNE JACKSON four years of his life. Jacksons DNA was switched with his cousins, Dupree Grissom, who perpetrated a 2001 Las Vegas robbery. Jackson insisted on his innocence, and neither of the eyewitnesses identified him as the robber. However, DNA evidence from the sweatshirt linked Jackson to the crime and he was charged with robbery, burglary and kidnapping. He agreed to plead guilty to the robbery to avoid life in prison. In 2007, authorities realized the mistake when Grissom was convicted of unrelated robbery and assault charges and his DNA matched Jacksons profile in FBIs national DNA database. Jackson was exonerated on July 1, 2011. In 1999, DAVID AYERS was wrongfully convicted of the murder of an elderly woman who lived in the apartment building where Ayers lived and worked as a security guard. Although jurors knew that DNA evidence from the crime scene did not match Ayers, they convicted him based, in large part, on the testimony of a jailhouse informant. Ayers appealed to the courts to allow re-testing of the evidence using more sophisticated methods. A state appeals court finally ruled in Ayers favor, and new DNA tests were conducted on additional items of physical evidence. When Ayers was again

TOP TO BOTTOM: JOHNNY PINCHBACK, DAVID AYERS.

EXONERATION NATION

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excluded, Cleveland prosecutors dismissed the case and released him from prison. Although the prosecution agreed to drop the charges against Ayers, they have suggested they could bring new charges against him if they can rebuild the case down the road. The Ohio Innocence Project helped exonerate Ayers on September 12, 2011. Facing the possibility of a death sentence, KENNETH KAGONYERA, ROBERT WILCOXSON, Damian Mills, Larry Williams, and Teddy Isbell of Asheville, North Carolina, pled guilty to a 2001 murder they didnt commit. At the time of the trial, DNA testing failed to implicate any of the Asheville Five; however, this evidence was never presented to the defense. About a year later, a prisoner named Robert Rutherford confessed to the murder and named two accomplices, neither of whom was among the five originally convicted. Based on Rutherfords confession and postconviction DNA test results, the North Carolina Innocence Inquiry Commission voted to exonerate Kagonyera and Wilcoxson, both of whom had spent nearly a decade behind bars. They were released on September 22, 2011. Mills, Williams, and Isbell, who had already been released from prison prior to the exonerations, are still fighting to have their convictions overturned. After 30 years in prison, HENRY JAMES was freed from Angola State Penitentiary in Louisiana and reunited with his two daughters on October 21, 2011. DNA testing obtained by the Innocence Project and partnering attorneys at the Innocence Project New Orleans proved his innocence of a 1981 rape. The victim lived near James and was the wife of one of his friends. Immediately after the attack, which occurred in low lighting at night, the victim stated that she did not know her assailant. But when police investigators included James photo in a lineup, she identified him. Blood-type testing suggested that James could not have been the perpetrator, but the defense failed to introduce this evidence and he was convicted. Based on coerced confessions elicited by the Chicago Police Department, five teenagers were wrongfully convicted of the 1991 rape and murder of 14-year-old Cateresa Matthews. The boys, who had been classmates of Matthews, were interrogated without parents or guardians present. Three of them endured trials and were sentenced to at least 80 years in prison. The other two pled guilty and testified against their codefendants in exchange for shorter sentences. DNA evidence recovered from the victims body did not link any of the Dixmoor Five ROBERT TAYLOR, JAMES HARDEN, JONATHAN BARR, Robert Lee Veal and Shainne Sharp to the crime. Years later, the Innocence Project, Center on Wrongful Convictions of Youth and University of Chicago Law School Exoneration Project helped identify the real perpetrator, a convicted rapist, and clear the wrongfully convicted men. Taylor, Harden and Barr were exonerated on November 3, 2011. Veal and Sharp, who pled guilty, are still struggling to be exonerated.

TOP TO BOTTOM: HENRY JAMES, JAMES HARDEN AND JONATHAN BARR.

YEARS OF WRONGFUL IMPRISONMENT ENDURED BY ALL 280 EXONEREES

3,629

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IP NEWS
INA GARTEN HOSTS INNOCENCE PROJECT PARTY IN THE HAMPTONS
Innocence Project supporters enjoyed a dinner at the East Hampton home of Ina and Jeffrey Garten on July 9. Ina Garten is host of the Food Network program Barefoot Contessa, which is filmed in her home. Featured speakers included exoneree Dewey Bozella and Innocence Project Co-Director Peter Neufeld. Innocence Project supporters Josh and Gillian Dubin took a leading role in making the event enormously successful, and the Innocence Project thanks them for their efforts.

EXONEREE DEWEY BOZELLA WINS PROFESSIONAL BOXING MATCH

New York exoneree Dewey Bozella, once the light-heavyweight champion at Sing Sing prison, won his first and last professional boxing match on October 15 at the Staples Center in Los Angeles. Bozella, 52, bested Larry Hopkins, 30, in a unanimous decision. Bozellas passion for boxing helped him survive 26 years of wrongful imprisonment. He was wrongfully convicted of murdering an elderly woman in Poughkeepsie, New York, based on circumstantial evidence. In 2009, with the help of the Innocence Project and the law firm of WilmerHale, his conviction was overturned when attorneys discovered long-concealed evidence of his innocence. Bozellas story has captivated the public and caught the attention of President Obama, who called him prior to the Staples Center fight to wish him luck. In July, Bozella was honored at the ESPY Awards when he received the 2011 Arthur Ashe Courage award. Bozella hopes to open a gym in Newburgh, New York, where he lives with his wife, Trena. He has also recently launched the Dewey Bozella Foundation, which seeks to mentor troubled youth.
FROM LEFT TO RIGHT, EXONEREE DEWEY BOZELLA, INA GARTEN AND INNOCENCE PROJECT CO-DIRECTOR PETER NEUFELD AT A PARTY THAT GARTEN HOSTED FOR INNOCENCE PROJECT SUPPORTERS.

YOUNG PROFESSIONALS COMMITTEE CELEBRATES 20 YEARS OF JUSTICE

In its most successful benefit ever, the Innocence Project Young Professionals Committee hosted Celebrating 20 Years of Justice: A Night to Benefit the Innocence

IP NEWS

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Project at the Rubin Museum of Art in Manhattan on October 13. The evening, which honored Committee Co-Chairs Erin Sloane and Zoe Tananbaum, was attended by more than 250 supporters and raised $100,000 for the Innocence Project. The program featured Innocence Project Co-Directors Barry Scheck and Peter Neufeld, Innocence Project Executive Director Maddy deLone, and New York State exoneree Steven Barnes.

INVESTIGATION EXPLORES PROSECUTORIAL MISCONDUCT IN MICHAEL MORTON CASE

Innocence Project client Michael Morton who was cleared in October 2011 after DNA testing found him innocent of murdering his wife has initiated an investigation of the trial prosecutors in his 25-year-old case. The Innocence Project and partnering attorneys lead the investigation. Through open records laws, attorneys discovered that evidence favorable to Morton was never disclosed to the defense. This evidence, which might have prevented Mortons wrongful conviction, includes a police transcript of the victims mother relating that the couples three-year-old child, who witnessed the attack, told her that his father was not at home. If prosecutors are found to have engaged in misconduct they could be subject to disciplinary action. The Texas State Bar Association is conducting its own investigation. The Innocence Project secured post-conviction DNA testing in the Morton case after years of legal challenges from the Williamson County District Attorneys Office. DNA testing on a bandanna found near the scene of the crime identified a male profile that has also been linked to a crime in nearby Travis County the murder of Debra Masters Baker committed two years later. That profile belongs to Mark Allen Norwood, who is now under investigation for both crimes.

INNOCENCE PROJECT AND PARTNERING ORGANIZATIONS LAUNCH PROSECUTORIAL OVERSIGHT CAMPAIGN

Hoping to spark a national dialogue about prosecutorial misconduct, the Innocence Project, Veritas Initiative, Innocence Project New Orleans and Voices of Innocence launched a nationwide campaign in October. The Prosecutorial Oversight Campaign began at the Washington DC Press Club where Innocence Project Co-Director Barry Scheck, exoneree John Thompson and others spoke at a press conference about the need for prosecutors to be held accountable for misconduct. The campaign will include tour stops in Arizona, California, Louisiana, New York, Pennsylvania and Texas where Thompson will headline events. See www.prosecutorialoversight.org for more information. Thompson was wrongfully convicted of robbery and murder and sentenced to death in Louisiana. He was nearly executed before investigators uncovered evidence of his innocence that had never been disclosed to the defense. A jury awarded him $14 million in damages for his 14 years on death row, but the U.S. Supreme Court threw out the award, finding that the prosecutors office was not liable. The case, Connick v. Thompson, has motivated a groundswell of support for stricter standards regarding prosecutorial accountability.

INNOCENCE PROJECT YOUNG PROFESSIONALS COMMITTEE CO-CHAIRS ZOE TANANBAUM AND ERIN SLOANE AT THE COMMITTEE EVENT THAT HONORED THEM.

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INNOCENCE
REAL PERPETRATORS

BY THE NUMBERS
Wrongful convictions represent a triple tragedy: an innocent person serves years in prison for a crime they didnt commit, the victim of that crime has a false sense of resolution, and innocent bystanders are at risk of being victimized if the real perpetrator re-offends. In far too many cases, the real perpetrator was known to police during the original investigationsome were suspects, a select few were even state witnesses. In over half of these cases, the real perpetrator has yet to be identified. These true perpetrators may never be apprehended or convicted; some may still be out committing crimes. If these cases were reopened, its possible that more real perpetrators would be discovered. No one knows how many cases could be solved but for the willingness of prosecutors to search for a DNA match. The numbers below, therefore, represent only those cases where the identity of the perpetrator is known. Percent of the 280 DNA exoneration cases where the real perpetrator(s) was identified 47% Number of real perpetrators identified 111 Total number of violent crimes that could have been prevented if the real perpetrator was initially apprehended instead of an innocent suspect* 114 Number of murders that could have been prevented if the real perpetrator was initially apprehended instead of an innocent suspect* 30 Number of rapes that could have been prevented if the real perpetrator was initially apprehended instead of an innocent suspect* 65 Number of attempted murders, aggravated assaults and armed robberies that could have been prevented if the real perpetrator was initially apprehended instead of an innocent suspect* 19 Percent of real perpetrators who were suspects in the original investigation or were otherwise connected to the case* 27% Average number of years the wrongfully convicted served for a crime committed by someone else 13
*Of those known

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, 280 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 Projects full-time staff attorneys and Cardozo clinic students provided direct representation or critical assistance in most of these cases. The Innocence Projects 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 Projects 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 Work and Associate Director of Operations/Litigation Department, Anna Arons, Paralegal, Elena Aviles: Document Manager, Stephanie Box: Development Assistant, Rebecca Brown: Senior Policy Advocate for State Affairs, Paul Cates: Director of Communications, Sarah Chu: Forensic Policy Advocate, Scott Clugstone: Director of Finance and Administration, Michael Coleman, Jr: Finance Assistant, Craig Cooley: Staff Attorney, Ariana Costakes: Receptionist, Valencia Craig: Case Management Database Administrator, Hensleigh Crowell: Paralegal, Jamie Cunningham: Policy Associate, Huy Dao: Case Director, Madeline deLone: Executive Director, Ana Marie Diaz: Case Assistant, Akiva Freidlin: Associate Director for Institutional Giving, Nicholas Goodness: Case Analyst, Edwin Grimsley: Case Analyst, Nicole Leigh Harris: Policy Analyst, Barbara Hertel: Finance Associate, William D. Ingram: Case Assistant, Liz Janszky: Innocence Network Assistant, Jeffrey Johnson: Office Manager, Matt Kelley: Online Communications Manager, Jason Kreag: Staff Attorney, Jason Lantz: Assistant Director, Information and Communications Technology, Audrey Levitin: Director of Development, David Loftis: Managing Attorney, Laura Ma: Assistant Director, Donor Services, Vanessa Meterko: Research Assistant, Alba Morales: Staff Attorney, Nina Morrison: Senior Staff Attorney, Cristina Najarro: Paralegal, Peter Neufeld: Co-Director, Karen Newirth: Eyewitness Identification Litigation Fellow, Jung-Hee Oh: Administrative Associate, Legal Department, Corinne Padavano: Finance and Human Resources Associate, Charlie Piper: Special Assistant, Vanessa Potkin: Senior Staff Attorney, Kristin Pulkkinen: Assistant Director of Individual Giving, Altaf Rahamatulla: Policy Analyst, N. Anthony Richardson: Assistant and Database Administrator, Hannah Riley: Communications Assistant, Stephen Saloom: Policy Director, Alana Salzberg: Communications Associate, Barry Scheck: Co-Director, Maggie Taylor: Senior Case Analyst, Elizabeth Vaca: Assistant to the Directors, Marc Vega: Case Assistant, Elizabeth Webster: Publications Manager, Elizabeth Weill-Greenberg: Case Analyst, Emily West: Research Director, Karen Wolff: Social Worker

INNOCENCE PROJECT, INC.

40 WORTH STREET, SUITE 701 NEW YORK, NY 10013 WWW.INNOCENCEPROJECT.ORG BENJAMIN N. CARDOZO SCHOOL OF LAW, YESHIVA UNIVERSITY

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