Trial and Error

DNA frees Texas prisoner after 26 years

Sun, 06 Jan 2008 11:04:01 -0500

"I'm bitter. I'm angry," Charles Chatman, 47, told the Associated Press last night from jail. "But I'm not angry or bitter to the point where I want to hurt anyone or get revenge." He now plans to work with the Texas Innocence Project. He's the 15th person in Dallas County to be freed by DNA evidence.

Tankleff won't be retried

Wed, 02 Jan 2008 16:22:14 -0500

The district attorney says they won't pursue a new trial against Marty Tankleff, who was recently released by a New York Appeals court. "It is no longer possible to reasonably assert that the case ... would be successful," Suffolk County District Attorney Thomas Spota told the Associated Press.

Tankleff conviction overturned

Fri, 21 Dec 2007 19:58:22 -0500

In its decision, a New York appellate court said "(i)t is abhorrent to our sense of justice and fair play to countenance the possibility that someone innocent of a crime may be incarcerated or otherwise punished for a crime which he or she did not commit." Martin H. Tankleff had been in prison for 17 years for the murder of his parents in Long Island, a crime he says he didn't do. "The ruling, by the Appellate Division of State Supreme Court in Brooklyn, was not only a vindication for Mr. Tankleff, but it also raised questions about police and prosecutorial methods in Suffolk County," says The New York Times.

New Jersey abolishes death penalty

Mon, 17 Dec 2007 12:58:23 -0500

It's the first state in the U.S. to do so. "I have been moved by the passionate views on both sides of this issue, and I firmly believe that replacing the death penalty with life in prison without parole best captures our state's highest values and reflects our best efforts to search for true justice," Gov. Jon Corzine said in a statement. The New York Times has more details.

Vet gets compensation for wrongful conviction, sorta

Sat, 15 Dec 2007 16:17:17 -0500

The Army finally compensated Samuel Snow, a man they wrongfully convicted in the 1940s. For 15 months in prison, a dishonorable discharge, a criminal record and no veteran benefits -- he received $725, according to CNN.

"If the payment had been adjusted for inflation, Snow would have received $7,768.13 ... If the $725 had been invested in 1946, when Snow was discharged from the Army, at 8 percent interest, compounded annually, it would have been worth more than $82,000 by now."

Blog covers' Huckabee's clemency decision in depth

Wed, 12 Dec 2007 19:14:43 -0500

"This is a complicated tale. For the facts of the Dumond - Ashley Stevens rape case, and why Huckabee might have had doubts about Dumond's guilt, based on problems with the scientific evidence and Stevens' identification of Dumond, there's no better source than the appellate court opinions on the case," says Talk Left. Then they link to four of them, followed by extensive interviews and more details on the case.

Birmingham News: This is an easy decision

Tue, 11 Dec 2007 08:52:37 -0500

They're again calling on Gov. Bob Riley to allow testing of evidence in the case of Thomas Arthur. The state had planned to put Arthur to death on Dec. 6, but the Supreme Court halted the execution around 5 p.m. the day before. Testing the evidence could put the issue of Arthur's guilt or innocence to rest once and for all. "Riley is called on to make many difficult decisions as governor. But this isn't a difficult one. Riley should order DNA testing for any Death Row inmate who disputes his guilt and whose case involved evidence that could be screened," says the Birmingham News.

Senator introduces exonerated tax relief bill

Tue, 11 Dec 2007 08:46:49 -0500

A New York senator has introduced a bill that would exempt exonerated men and women from paying federal taxes on any settlements they receive for being wrongfully convicted, the New York Times reported. "The bill, called the Wrongful Convictions Tax Relief Act, would also exempt exonerated prisoners who do not have prior felony convictions from paying income taxes on up to $50,000 earned each year after their release from prison (or up to $75,000 if they file joint tax returns) and provide them with an income tax credit on payroll taxes paid over the same earnings."

U.S. Supreme Court halts Arthur execution

Thu, 06 Dec 2007 09:39:11 -0500

Arthur was set to die by lethal injection, today (Dec. 6) after being in prison 20 years for a murder he says he didn't commit. Some evidence in the case has not been tested for DNA, despite a likelihood that it will point questions about his guilt (or innocence) to rest. Gov. Bob Riley's office has not responded to the Innocence Project's requests for testing, and has refused to hold off on the execution until testing could be complete (it would take just a few weeks).

The Supreme Court stopped the execution (pdf) while they decide if they will hear Arthur's appeal. Previously, they denied his motion for DNA testing based on his failure to meet legal time lines for appeals.

Arthur's daughter, his attorneys, the Innocence Project and Amnesty International have all requested a meeting with the Governor to discuss the case, but he's not agreed to meet with any of them.

Florida man becomes 209th DNA exoneration

Tue, 04 Dec 2007 13:14:04 -0500

"Chad Heins was exonerated in Florida this morning when prosecutors dropped pending charges against him for the murder of his sister-in-law, a crime he has always said he didn’t commit. New DNA evidence proves that another man committed the crime and Heins will be released this afternoon. He is the 209th person exonerated by DNA testing," says the Innocence Project.

Earlier, The Florida Times-Union says DNA bolsters Heins' innocence claim.

Innocence Project: Delay Arthur execution

Tue, 04 Dec 2007 09:05:34 -0500

"Allowing an execution to go forward without first conducting DNA testing that could scientifically confirm or refute guilt not only risks putting to death an innocent man, but also does irreversible damage to the public's confidence in the state's criminal justice system and its elected officials," said Innocence Project co-director Peter Neufeld and staff attorney Olga Akselrod in a letter (pdf) to Gov. Bob Riley. The state of Alabama hasn't responded to requests from Arthur, set to be executed Thursday, to have evidence tested that could definitively prove his innocence, or his guilt.

Improving eyewitness IDs

Mon, 03 Dec 2007 10:17:43 -0500

The Justice Departments' NIJ Journal says "(e)ven the most well-intentioned witnesses can identify the wrong person or fail to identify the perpetrator of a crime. According to the American Judicature Society, misidentification by eyewitnesses was the leading cause of wrongful conviction in more than 75 percent of the first 183 DNA exonerations in the United States." The article suggests reforms for police lineups.

Amnesty International issues urgent action alert for Thomas Arthur

Sun, 02 Dec 2007 14:57:52 -0500

Called one of the organization's "core human rights tools," urgent action alerts are designed to mobilize tens of thousands of people to send appeals on behalf of those in danger of what the Amnesty International sees as human rights violations. The organization issued an updated alert (pdf) for Thomas Arthur, scheduled to be executed this week (Dec. 6) in Alabama, on Thursday.

Arthur maintains his innocence and has requested DNA testing of evidence that has never been examined before. Alabama has vigorously opposed Arthur's requests.

NYTimes: 'What are those lost years worth?'

Sun, 02 Dec 2007 12:44:09 -0500

"States have been wrestling with that question in recent years as the DNA revolution upended long-held notions about the reliability of evidence. And a new question has also emerged: Is money alone enough?" the New York Times asks in a continuation of its series on DNA exonerations.

Grisham, Scheck, Fritz move to dismiss libel lawsuit

Fri, 30 Nov 2007 14:19:17 -0500

In court papers asking to have the lawsuit dismissed, attorneys for John Grisham called the libel case brought because of his book The Innocent Man "nothing less than an unabashed attempt to strike back at public discussion and criticism of their actions as public officials with respect to the investigation and wrongful conviction of Williamson and Fritz and to squelch Grisham’s political speech." The DA and the investigator, who helped wrongfully convict Fritz and Williamson, sued Grisham, Fritz and Innocence Project founder Barry Scheck for libel in September after each published books about the Fritz and Williamson cases.