IP New Orleans Succeeds in Passing Eyewitness Expert Bill

IP New Orleans Succeeds in Passing Eyewitness Expert Bill

Innocence Project New Orleans NEW ORLEANS (AP) — Criminal justice advocates are applauding passage of legislation allowing experts on eyewitness identification to testify in some Louisiana criminal cases. The bill’s supporters include the Innocence Project New Orleans. The organization said in a news release Wednesday that the legislation was needed because eyewitness mistakes are a leading cause of wrongful convictions. Proponents said testimony from experts on memory and eyewitness reliability could prevent such convictions. Gov. John Bel Edwards signed the bill Wednesday afternoon, a spokeswoman said in an email. The bill won final passage in the House on Monday by a vote of 103-0. The Senate had approved it earlier by a vote of 37-0. The bill states that experts on memory and eyewitness identification can testify in criminal trials when there is no physical or scientific evidence that corroborates an eyewitness’s identification of a defendant. Among those praising the legislation was Wilbert Jones. He was exonerated last year after 46 years of imprisonment for a rape conviction based on identification from a single eyewitness. Innocence Project New Orleans, or IPNO, which took up Jones’ case in 2001, said the victim had told police she was not 100 percent certain when she picked Jones from a lineup months after the crime. Read...
Duke’s Wrongful Convictions Clinic Client Charles Ray Finch Freed

Duke’s Wrongful Convictions Clinic Client Charles Ray Finch Freed

Wrongful Convictions Clinic A federal judge in Raleigh vacated the murder conviction and ordered the release on May 23 of Wrongful Convictions Clinic client Charles Ray Finch, who served 43 years in prison for a murder he did not commit. Finch, 81, was released from Greene Correctional Institution later that day. John S. Bradway Professor of the Practice of Law James Coleman, Jr., the clinic’s co-director, served as Finch’s lead counsel at the hearing. Charles S. Rhyne Clinical Professor of Law Theresa Newman ’88, the clinic co-director, and Supervising Attorney Jamie Lau ’09 also were in the courtroom; both represented Finch during state court proceedings.  Duke Law graduates who had worked on the case through the Wrongful Convictions Clinic attended as well. Finch’s release was the culmination of a 15-year legal battle for Coleman, who took up his case before the clinic was established in 2007. “Ray was unwavering in maintaining his innocence and today proves that he was, and he’s been vindicated,” Coleman told reporters outside the courthouse after the ruling. Read...
IP Client Stanley Mozee and IP of Texas Client Dennis Allen Declared “Actually Innocent”

IP Client Stanley Mozee and IP of Texas Client Dennis Allen Declared “Actually Innocent”

Innocence Project Innocence Project of Texas Today, two men who were wrongfully convicted of murder in 2000 and sentenced to life in prison were fully exonerated and formally declared “actually innocent” by Judge Raquel Jones, who granted a motion by Dallas County District Attorney John Creuzot to dismiss all charges against both men. The decision was based on evidence that Stanley Mozee and Dennis Lee Allen were factually innocent based on new DNA testing which excluded them from key evidence at the crime scene, as well as findings that their joint convictions were rooted in unreliable jailhouse informant testimony, a false confession and substantial prosecutorial misconduct. Mozee and Allen had maintained their innocence for two decades. Mozee and Allen were wrongfully convicted of murdering Rev. Jesse Borns, Jr., a store owner and lay minister, who was found stabbed to death in his place of business in April 1999. There was no physical evidence linking Mozee or Allen to the crime scene, yet they were convicted of capital murder and sentenced to life in prison in 2000. Both men had been incarcerated for 15 years for Borns’ murder until a Dallas County district court released them in 2014 based on new information uncovered through a joint re-investigation conducted by the Innocence Project, the Innocence Project of Texas, and the Dallas County District Attorney’s Office. The re-investigation continued for four years, and ultimately turned up substantial additional evidence proving the two men’s innocence. Much of that evidence was in the trial prosecutor’s own files, but was hidden from the defense until the district attorney’s office adopted an “open file” policy years after Mozee and Allen’s trials. Read...
University of Baltimore IP Clinic Client Kenneth McPherson and his Brother, Mid-Atlantic IP Client Eric Simmons, Freed

University of Baltimore IP Clinic Client Kenneth McPherson and his Brother, Mid-Atlantic IP Client Eric Simmons, Freed

University of Baltimore Innocence Project Clinic Mid-Atlantic Innocence Project After serving 25 years in prison following wrongful convictions for conspiracy to commit murder, brothers Kenneth “J.R.” McPherson, 45, and Eric Simmons, 48, were fully exonerated on May 3 and went home to their families. The exonerations were sought by the Baltimore State’s Attorney’s Office Conviction Integrity Unit (CIU) following investigations by the University of Baltimore Innocence Project Clinic (UBIPC), which handled Mr. Simmons’ case, and the Mid-Atlantic Innocence Project (MAIP), which represented Mr. McPherson. Those recent investigations determined that two of the State’s witnesses in the 1995 trial had provided unreliable evidence: One witness, whose rent was being paid by police, said that she saw the shooting from a third-floor window 150 feet away — a location recently determined to have made such an observation impossible — and a 13-year-old boy who had been aggressively interrogated and threatened with homicide charges until he named Mr. McPherson and Mr. Simmons. That juvenile later recanted his statement, but the men were convicted anyway. Read more. Eric Simmons, center, thanks Brianna Ford, to his left, for her efforts in securing his exoneration at a May 3 news conference following his release from...
Mid-Atlantic IP Client Winston Scott Exonerated

Mid-Atlantic IP Client Winston Scott Exonerated

Mid-Atlantic Innocence Project The Virginia Supreme Court on Thursday cleared an Indiana man of sexual assault convictions in Fairfax County from more than four decades ago. The case may be the last exoneration stemming from a massive post-conviction DNA testing project in Virginia that was begun in 2005 and is about to wrap up. The effort now has cleared 13 innocent people of serious crimes. The unanimous court issued a writ of actual innocence for Winston L. Scott, 62, vacating his convictions. He was 19 when a Reston woman was attacked on July 24, 1975. He was sentenced to 14 years on convictions of rape, sodomy and statutory burglary and served about five years before he was paroled. “Upon reviewing the totality of the evidence, including records from the original case, the evidence presented at the original trial, the newly-discovered biological evidence, and the proffers made by the petitioner and the Commonwealth, the Court finds that Scott has proved, by clear and convincing evidence … that no rational trier of fact would have found him guilty beyond a reasonable doubt,” wrote Justice Bernard Goodwyn. Scott was convicted largely on the strength of the victim’s identification of him in a photo spread and then again in court at his 1976 trial. However, in 2010, DNA testing of sperm found on the victim’s jeans and from her vagina failed to identify Scott’s genetic profile or that of the victim’s only sex partner at the time. Scott was not excluded until 2017, after he was located out of state and asked if he wanted to submit a sample for testing. “For 43...
Exoneration Project Client Gerardo Iglesias Freed

Exoneration Project Client Gerardo Iglesias Freed

The Exoneration Project He paid a huge price for a crime he didn’t commit after being framed by a police detective. After 18 years in prison, a Chicago man was cleared of a murder he didn’t commit. Now, he’s trying to recover some of what he lost. “It’s like a burden being lifted off my shoulders. I been waiting for this for the last twenty-seven years. And I’m glad it finally happened,” said Gerardo Iglesias. Iglesias spent 18 years in prison, but on Wednesday, he was number “19.” He’s the 19th defendant to be exonerated after being framed by former Chicago police detective Reynaldo Guevara. Iglesias went to prison for the 1993 murder of Monica Roman in Humboldt Park. He served his time and was released seven years ago. Prosecutors on Wednesday dropped all of the charges against him, but his attorneys want more. “There needs to accountability. Criminal accountability for Detective Guevara, criminal accountability for the men who were Detective Guevara’s partners and supervisors,” said Exoneration Project attorney Anand Swaminatham. Guevara retired 14 years ago. The city has settled numerous lawsuits against him, for millions of dollars. Wednesday’s exoneration comes following an admission from a jailhouse informant that he made up his story about Iglesias confessing in prison, after he had been threatened by Detective Guevara. “That testimony was fabricated by Detective Guevara, and that informant has come forward, and admitted that his testimony was false, and that it was obtained by Detective Guevara based on pressure and threats,” Swaminatham said. Iglesias has been working in construction, and was asked by reporters what’s ahead now that he’s been...