False Convictions — Prosecutors — Galsworthy Criminal Justice Reform Program

Galsworthy Criminal Justice Reform Program

Prosecutors

Currently, prosecutors in both the juvenile and adult criminal justice systems have too much discretion in pressing charges, determining what sentences are sought, and negotiating plea deals. Trial by jury is a key tenant of the American criminal justice system, but heightened prosecutorial power significantly reduces the power and frequency of a trial by peers. Attempts at sentencing reform must address largely unchecked prosecutorial discretion.

Posts in False Convictions

After False Drug Test, He Was in Solitary Confinement for 120 Days

“Mr. Kearney is one of hundreds of New York State prisoners who say they were punished after tests falsely determined they had used drugs, according to a federal class-action lawsuit filed on Wednesday. Many of the inmates spent months in solitary confinement or locked in cells. Others were denied release on parole, removed from programs, or held beyond their scheduled release dates after testing positive for narcotics, according to the complaint filed in Federal District Court in Brooklyn.“

New York Times

November 20, 2019

False ConvictionsPhillip ReevesNovember 20, 2019New York TimesComment

Hundreds of police officers have been labeled liars. Some still help send people to prison.

“In a case that came down to one man’s word against another’s, jurors believed the police officer. Because of his prior offenses, Vara was sentenced to 25 years in prison. What happened to Vara has been unconstitutional for more than 50 years. The U.S. Supreme Court ruled in 1963 that prosecutors must tell anyone accused of a crime about all evidence that might help their defense at trial. That includes sharing details about police officers who have committed crimes, lied on the job or whose honesty has been called into doubt.“

USA Today

October 17, 2019

False Convictions, SentencingPhillip ReevesOctober 17, 2019USA Today, Brady ViolationsComment

North Philly man cleared of murder after 27 years in prison, the 10th exoneration under DA Larry Krasner

“Sworn in on a promise to transform the District Attorney’s Office, Krasner last year expanded his Conviction Integrity Unit and broadened its ambitions. He also appointed Patricia Cummings, formerly based in Texas, to lead the unit that examines inmates’ claims of wrongful convictions. Cummings said that in 22 months, the unit has reviewed requests involving about 200 cases, most of which prosecutors have left intact. Still, Krasner said that 10 exonerations means that investigators determined 5% of those cases were marred by fundamental errors.“

Philadelphia Inquirer

October 9, 2019

False ConvictionsPhillip ReevesOctober 9, 2019Philadelphia Inquirer, Philadelphia, Larry Krasner, Conviction Integrity UnitsComment

Misconduct by prosecutors is rampant — how do we deter it?

“I have been involved in the criminal justice system for almost 60 years, initially as a federal prosecutor, but for the greater portion of my career as a criminal defense attorney in both federal and state courts. I am no longer shocked by the frequency of blatant prosecutorial misconduct, but I am sorely troubled that such conduct invariably goes unpunished, even when it’s the basis for reversals of convictions. “

Prison Legal News

May 15, 2019

False ConvictionsPhillip ReevesMay 15, 2019Prison Legal NewsComment

Jacksonville men freed 43 years after wrongful murder conviction, a first for a Florida conviction review unit

“The order to vacate the convictions of Clifford Williams and his nephew, Nathan Myers, stems from a recommendation made by Florida’s first-ever conviction integrity review unit, set up by State Attorney Melissa Nelson in 2018. At its heart, the recommendation found that defense lawyers for Williams and Myers failed to present evidence to the jury that would’ve contradicted the single eyewitness prosecutors relied upon to convict the men of murdering Jeanette Williams in her bedroom in 1976.“

Florida Times Union

March 28, 2019

False ConvictionsPhillip ReevesMarch 28, 2019Florida Times Union, Jacksonville, Florida, Duval CountyComment

In Maryland, justice should work backward and forward

“But as cases are being reviewed to assess the impact of officer misconduct, another injustice has come to light: a gap in Maryland state law that prevents prosecutors from seeking relief and addressing past wrongs. A bill in the Maryland legislature would close this gap by authorizing prosecutors to seek to vacate a conviction ‘in the interest of justice and fairness.’ In doing so, it is the latest example of our justice system’s long-standing recognition that prosecutors must be able to fulfill their obligation to seek justice, not merely convictions.“

Washington Post

March 20, 2019

False ConvictionsPhillip ReevesMarch 20, 2019Washington Post, MarylandComment

Commentary: Prosecutors righting old wrongs: Sim Gill’s bold experiment

“In launching a new Conviction Integrity Unit in his office, Gill has assembled an advisory team that is a veritable hall-of-fame lineup of distinguished attorneys, among them, the former Chief Justice of the Utah Supreme Court, Christine Durham, and none of whom are employed in his office. With such a sterling group of legal eagles in place, the board has the potential to delve deeply into potential innocence cases, look at the facts objectively, and make recommendations unencumbered by office politics or formal ties to staff attorneys.“

Salt Lake Tribune

October 10, 2018

False ConvictionsPhillip ReevesOctober 10, 2018Salt Lake Tribune, Utah, Salt Lake City, Conviction Integrity UnitsComment

Report: Wrongful convictions have stolen at least 20,000 years from innocent defendants

“Among the states that do have compensation statutes, Gutman ranks Mississippi as the most generous, though in order to receive payment, exonerees there must also forgo their right to sue the state for civil damages. But blue states on average pay out about 50 percent more to exonerees than red states.“

Washington Post

September 10, 2018

False ConvictionsPhillip ReevesSeptember 11, 2018Washington PostComment

How Coercive Interrogations Can Lead to a False Confession

"To discuss coercive interrogation methods, we must first understand the difference between an interrogation and an interview. The primary difference is that an interview is fact-finding, non-accusatory and usually takes place earlier on in an investigation. The interrogation, on the other hand, is accusatory, involves persuasive techniques and is usually conducted in a controlled environment. The most important aspect of any interrogation is that the interviewer should have, through prior investigation, established a presumption of guilt of the suspect."

Prison Legal News

August 19, 2018

False ConvictionsPhillip ReevesAugust 26, 2018Prison Legal News, Interrogations

Commentary: How Texas courts can do more to avoid wrongful convictions

"Adam Sibley, the Bosque County district attorney, is the prosecutor in the Bryan case. Sibley was not in this position 30 years ago when Bryan was convicted, but he was the assistant DA in this county since July 2012 and has been the DA since January 2017. Sibley has steadfastly refused to consider the possibility of Bryan’s innocence, opposing DNA testing of crucial evidence. "

Austin American-Statesman

August 14, 2018

False ConvictionsAnthony BradleyAugust 16, 2018Austin American-Statesman, Texas

An L.A. County deputy faked evidence. Here's how his misconduct was kept secret in court for years

"The U.S. Supreme Court requires prosecutors to inform criminal defendants about an officer’s wrongdoing — but the state’s laws are so strict that prosecutors cannot directly access the personnel files of their own police witnesses. Instead, California puts the burden on defendants to prove to a judge that an officer’s record is relevant."

LA Times

August 9, 2018

False ConvictionsAnthony BradleyAugust 10, 2018LA Times, California

Oklahoma’s Wretched Record of Wrongful Convictions

"Since 1993, 35 wrongfully convicted Oklahomans have been officially exonerated, according to the National Registry of Exonerations; 15 inmates have been freed in the past decade. Almost half of the state’s exonerees had been convicted of murder; 17 percent for sexual assault."

National Review

August 9, 2018

False ConvictionsAnthony BradleyAugust 10, 2018National Review, Oklahoma

Drama erupts around conviction integrity unit, Kansas City case

"Tricia Bushnell, an attorney with the Midwest Innocence Project and one of McIntyre’s attorneys, said it is important to see prosecutors come together and recognize their obligation in seeking justice. Just looking at 2017, she said, the vast majority of overturned convictions deal with police and prosecutorial misconduct. Prosecutors are saying that they want to prevent those types of mistakes in the future, Bushnell said."

Injustice Watch

August 8, 2018

Prosecutors, False ConvictionsAnthony BradleyAugust 9, 2018Injustice Watch, Kansas City

‘We’re taking this seriously’: DA reviewing cases involving Richmond cop tied to drug cartel

"The probe could call into question hundreds of criminal convictions that involved either Wang’s investigative work or testimony. In 2013, Wang was accused of misconduct including accepting bribes from drug dealers, outing a police informant and alerting a gang member to sensitive police information."

East Bay Times

July 13, 2018

False Convictions, Prosecutors, Police ViolenceAnthony BradleyJuly 29, 2018East Bay Times, Richmond, Virginia

Why This Mother and Daughter Were Jailed Without Being Charged with a Crime

"Material witness warrants are meant to be used to arrest and detain people in unusual cases where prosecutors can prove that their testimony is essential to a case and that there’s reason to think the witness will not appear in court. The practice has recently come under fire in many places for enabling the detention of innocent people."

The Appeal

July 13, 2018

False Convictions, ProsecutorsAnthony BradleyJuly 29, 2018The Appeal, Innocence

From Fighting Injustice to Facing Death Row: The Bizarre Case of Pastor Glasgow

"First, there were so many people in Dothan who would revel in his downfall. In a place known for the excesses of its criminal justice system, Mr. Glasgow has been the critic in chief of the police, prosecutors and jailers. And then there is the fact that he did not actually kill anyone."

New York Times

July 7, 2018

False Convictions, ProsecutorsAnthony BradleyJuly 29, 2018New York Times, Alabama

She Was Convicted of Killing Her Mother. Prosecutors Withheld the Evidence That Would Have Freed Her.

"By the time Noura Jackson’s conviction was overturned, she had spent nine years in prison. This type of prosecutorial error is almost never punished."

New York Times

August 1, 2017

Prosecutors, False ConvictionsAnthony BradleyJuly 27, 2018New York Times