Problems Emerge at Massachusetts Forensics Lab

August 31st, 2012

State police closed the Hinton State Laboratory on Thursday at the direction of Governor Deval Patrick after evidence surfaced that a chemist working at the lab routinely failed to follow testing protocols. This breach of protocol could affect thousands of criminal cases where the chemist’s potentially faulty results contributed to convictions. Workers in the lab would investigate drug evidence collected by police from all over the state. These tests would certify whether substances seized by police were in fact illegal drugs.

State police spokesperson David Procopio indicated that the chemist may have gone further than disregarding protocols stating, “This is more than just allegations of sloppiness and cutting corners. The allegations include malfeasance, deliberate mishandling… We are concerned that in some of the cases, there’s a likelihood that justice was not served, that a defendant did not get a fair trial and that it’s possible that people may be incarcerated unjustly.” We will continue to monitor this story as it develops.

Freeing Bernie Baran

August 30th, 2012

Available now on Amazon Instant Video, this documentary chronicles the story of Bernard Baran, a Pittsfield, MA native who was wrongfully convicted of child molestation during the day care sex abuse hysteria of the late eighties and early nineties. The film offers a glimpse into wrongful conviction, how it is carried out from start to finish, and the effect it has on the innocent and their families. The film premiered in 2010 at the Austin Gay & Lesbian International Film Festival, with reviewers describing the film as “achingly beautiful,” adding that “it will make you angry but leave you with hope.” Bernard Baran was freed with the assistance of attorney John Swomley. The New England Innocence Project is proud to consider him a part of the NEIP family. NEIP has been pleased to have him join us at various NEIP events such as the Exoneree Picnic and Annual Innocence Network Conference, and we congratulate him on the release of this film.

If you click this link to buy or rent the documentary, NEIP will receive a portion of your purchase!

Vermont Man Walks Free After 18 Years

August 24th, 2012

John Grega with his family immediately following his release. 

Case Update 

Vermont Man Freed After Spending 18 Years in Prison for a Crime He Did Not Commit

Earlier this week, John Grega was finally released from prison, after serving 18 years in prison for a crime he has always maintained that he did not commit. Gretchen Bennett, NEIP’s Executive Director, and Vermont attorney, Ian Carleton, joined the Grega family to greet Mr. Grega as he walked free for the first time in almost two decades.

Mr. Grega was convicted in 1995 of killing his wife while they were on a family vacation with their 2 ½ year old son in West Dover, Vermont. Mr. Grega had no criminal record and no history of violence or mental illness, but police soon focused on him as a suspect in his wife’s murder. There were no witnesses to the crime and no physical evidence introduced at trial; Mr. Grega was convicted on circumstantial evidence alone and was the first person in Vermont’s history to receive a sentence of life in prison without the possibility of parole.

On September 2, 2011 the Superior Court of Vermont directed the State to test previously untested biological samples. On May 14, 2012 the Vermont Forensic Laboratory concluded that John Grega was excluded as the source of the major contributor of DNA in the most relevant sample. Prosecutors working on the case agreed that in light of the recent DNA results, Mr. Grega is entitled to a new trial.

John Grega has been released on bail and will stay with his mother under a conditional release until the possible new trial.

NEIP will continue to work with attorney Ian Carleton to clear Mr. Grega’s name and secure his unconditional release.

Texas Arson Review Finds Potential Innocence Cases

August 17th, 2012

Last fall the Innocence Project of Texas and the State Fire Marshall’s office teamed up to review over 1,000 fires previously determined to be arson. The review was spurred by a report from the Texas Forensic Science Commission published last fall which cast serious doubt on Cameron Todd Willingham’s 1992 arson conviction due to flawed forensic science that was used to convict him. Willingham was convicted of setting a fire that killed his three young children. Despite questions about the veracity of his conviction, Willingham was executed in 2004 for the crime. The review of old arson cases seeks to identify other cases where people may have been convicted due to the same outdated and unvalidated forensic science that led to Willingham’s conviction.

So far Jeff Blackburn, Director of the Innocence Project of Texas, and his team have identified 26 potential innocence cases. The team will continue to review the cases and in some, may file for habeas relief. They project that between 10 and 15 cases will merit litigation. Blackburn describes three cases that raise red flags:
“One case, from 1999, involves a fire that happened in a mobile home. The model of mobile home was apparently later recalled for having wiring and electrical problems that led to fires. The state’s case was made by a local fire marshal who testified that in his opinion accelerants had to have been used. Another case involves a victim with a history of sleepwalking and sleep apnea who, according to the defendant – his wife – knocked over a candle. Again, the testimony of the local expert carried the state’s case but it seems to be based on outmoded science. Yet another conviction involves an arson murder in a home that was located close to a ruptured gas line.”

Despite concerns that the review might be too ambitious of an undertaking, the IP of Texas and the State Fire Marshall’s office have made significant process since they began reviewing cases last fall. Stay tuned for new details as the review progresses.

Read a DISCOVER magazine article explaining how our understanding of fire science has evolved over time.
Read a PBS FRONTLINE story about the current review in Texas.

Vermont’s First DNA Exclusion

July 25th, 2012

The New England Innocence Project supports John Grega’s claims of innocence in light of recent DNA results excluding him as the perpetrator. NEIP is joining with his attorney Ian Carleton in calling for his immediate release and declaration of innocence.

John Grega has served 18 years in prison and has always maintained that he did not commit the crime for which he is imprisoned. Tuesday afternoon Vermont attorney, Ian Carleton, filed a motion in Windham Superior Court asking the court to overturn the conviction of Mr. Grega. NEIP has been consulting with Mr. Carleton on Mr. Grega’s case since February 2011. Mr. Grega was convicted in 1995 of killing his wife while they were on a family vacation with their 2 ½ year old son in West Dover, Vermont. Mr. Grega had no criminal record and no history of violence or mental illness, but police soon focused on him as a suspect in his wife’s murder. There were no witnesses to the crime and no physical evidence introduced at trial; Mr. Grega was convicted on circumstantial evidence alone and was the first person in Vermont’s history to receive a sentence of life in prison without the possibility of parole.

On September 2, 2011 the Superior Court of Vermont directed the State to test previously untested biological samples. On May 14, 2012 the Vermont Forensic Laboratory concluded that John Grega was excluded as the source of the major contributor of DNA in the most relevant sample.

NEIP is encouraging the court to swiftly overturn Mr. Grega’s conviction based on this exculpatory evidence. Mr. Grega has served 18 years for a crime that he did not commit and NEIP is working with Mr. Grega’s attorney Ian Carleton to secure his release.

New Legislation Introduced to Strengthen Forensic Science Reform

July 19th, 2012

We are very excited to report that two new bills were introduced last week that are intended to strengthen forensic science reform in the United States. Senator John (Jay) Rockefeller, the Chair of the Commerce Committee, introduced S. 3378 called, “The Forensic Science and Standards Act of 2012”and Representative Eddie Johnson introduced companion legislation, H. R. 6106 in the House of Representatives. Both proposed pieces of legislation are designed to address problems with the way forensic science is collected and analyzed in the United States. The National Academies of Science issued a report in 2009 called, “Strengthening Forensic Science in the United States: A Path Forward” which identified deficiencies with the current state of forensic science issued a set of recommendations to improve the discipline. One important component of the bills is that they incorporate the NAS Report’s recommendation to implement national forensic standards.

Unvalidated forensic science is one of the leading causes of wrongful convictions. The proposed legislation comes the same week that the Department of Justice and FBI announced that they would re-review thousands of old cases with potentially faulty forensic evidence. We hope that this legislation can help prevent future wrongful convictions based on unvalidated forensic science.

Read more about the new bills here.

The Department of Justice and FBI to Re-Examine Forensics in Thousands of Old Cases

July 13th, 2012

The Justice Department and the FBI will begin reviewing thousands of old cases that contain potentially faulty forensic evidence including hair and fiber analysis. The Washington Post published a story in April revealing that the Justice Department knew for years that many people had been convicted on potentially flawed forensic evidence analyzed by the FBI as far back as 1985, but had not done a thorough review of those cases. Hair and fiber analysis is subjective to the examiner who is performing the comparison. The technique is not grounded in scientific research and can have a high error rate. You can read more about the accuracy of various types of forensic science here.

In 1978 Santae Tribble was convicted of killing a taxi driver. Three years later Kirk Odom was convicted of a sexual assault. In both cases FBI hair analyst testimony wrongly linked the men to the crime scenes. Tribble’s conviction was vacated this spring and prosecutors moved this week to overturn Odom’s conviction. The upcoming review will examine cases involving hair and fiber experts from the FBI and focus on cases where their testimony resulted in a conviction. The goal of the review will be to identify other potentially innocent people who were convicted based on unvalidated forensic science.

National Registry of Exonerations Released Today

May 21st, 2012

Since 1989, more than 2,000 people have been victims of wrongful conviction in felony cases.  Now nearly 900 of these exonerations are profiled, with searchable data and summaries of the cases on the National Registry of Exonerations, a new joint project of the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University.  The Registry, available at exonerationregistry.org, will be updated on an ongoing basis.  This is the most comprehensive database of its kind.  We hope that the insights gained into the causes and patterns of wrongful conviction will provide policy and decision makers the information they need to make continuous improvements to the criminal justice system.

The National Registry of Exonerations has released an inaugural report detailing the exonerations from 1989-May 2012.  You can download a pdf of it here: Exonerations in the United States, 1989 – 2012.


To view more details on specific exonerations in New England, visit the links below:
27 exonerations in Massachusetts.
3 MA federal exonerations.  Includes the recent case of James Hebshie, exonerated last year for the crime of arson.
7 exonerations in Connecticut.
1 exoneration in New Hampshire.
2 exonerations in Rhode Island.

Massachusetts DNA Access Law Goes into Effect Today!

May 17th, 2012

Today the Post Conviction Access to Forensic and Scientific Analysis Act goes into effect in Massachusetts, allowing potentially innocent inmates access to DNA evidence in their cases. This law represents years of hard work and is a huge step in the right direction for justice in Massachusetts. Massachusetts is the 49th state in the U.S. to enact a law of this kind. NEIP worked alongside a representative group of stakeholders convened by the Boston Bar Association that included prosecutors, defense attorneys, law enforcement, and crime lab personnel to educate lawmakers about the importance of such legislation.

Read Gregory Massing and NEIP Board Member David Siegel’s piece in the Boston Bar Journal discussing the new law.

Florida Exoneree Welcomes his First Child

April 25th, 2012

Exoneree James Bain’s life took on a new role last month when his first child was born. Bain spent 35 years in prison for the kidnapping and rape of a 9-year-old boy. After being denied four times on technicalities for DNA testing that he insisted would prove his innocence, with help from the Florida Innocence Project and Public Defender’s Office in Bartow, he was finally granted testing that showed another man’s DNA on the victim’s underwear. Bain was released from prison on December 17, 2009; at the time of his release, the 35 years he spent in prison was the longest amount of time any DNA exoneree had spent in prison.

Since his release in 2009, Bain has adjusted to life as a family man. He is married to Mallelin Duran, has a 5-year old stepdaughter, and now a one-month old son. Bain is receiving $1.75 million- $50,000 for each year he spent in prison- which he has used to buy a four-bedroom home in a quiet neighborhood for his family. Reflecting on first time fatherhood, Bain says, “His little eyes remind me of me.” Bain says that as his children get older, he plans to be fully open with them about his experiences as an innocent man spending 35 years in prison.

Read the full story.

Watch the New Documentary about NC Exoneree Greg Taylor

April 12th, 2012

Be sure to check out 6,149 Days, the documentary airing online tonight at 8pm that covers the amazing story of Greg Taylor. Taylor was convicted in 1993 for the murder of Jacquetta Thomas, who was beaten to death in 1992. Contributing factors to Taylor’s wrongful conviction included a rushed police investigation, evidence that was withheld from defense attorneys and misleading testimony that was presented to the jury. In 2010, after Taylor spent 16 years in prison for a crime that he did not commit, the North Carolina Innocence Inquiry Commission dismissed the murder charge against him and he walked out of prison a free and innocent man.

Capitol Broadcasting Company based in North Carolina will be airing the documentary on three of it’s local stations during primetime tonight. This will be the first time in the company’s 75-year history that a documentary will be shown commercial free and pre-empt regular primetime broadcasting. Following the 90 minutes documentary, there will be a live, half-hour discussion with retired police chief Darrel Stephens and state representative Rick Glazier. The documentary will also be shown streaming live on the WRAL website starting at 8pm and will be available for viewing on demand after the broadcast.

Read more information about the case and watch the documentary here.

NEIP, New England Law | Boston and the Boston Bar Association Hold Successful Symposium

April 6th, 2012

Check out photos from March 19th’s symposium sponsored by the New England Innocence Project, New England Law | Boston and Boston Bar Association!

Professor Brandon L. Garrett discussed his new book Convicting the Innocent: Where Criminal Prosecutions Go Wrong, which analyzes what went wrong in the first 250 criminal convictions overturned on the basis of DNA evidence. Professor Garrett was joined by Gretchen Bennett, the Executive Director of the New England Innocence Project, who discussed recent legislative developments in Massachusetts. The Honorable Robert J. Cordy and the Honorable Nancy Gertner also discussed the judiciary’s role in responding to the critical problem that wrongful conviction poses to our criminal justice system.

 

Left: Professor Brandon Garrett discusses his research into wrongful convictions.

Middle: Professor David Siegel, Judge Robert Cordy, Professor Brandon Garrett and NEIP Executive Director Gretchen Bennett with New England Law | Boston students following the event.

Right: Professor Brandon Garrett, Judge Robert Cordy and NEIP Executive Director Gretchen Bennett take questions from the audience.

The Center on Wrongful Convictions at Northwestern University Law School Calls on Cook County State’s Attorney to Vacate Conviction and Free Daniel Taylor

April 4th, 2012

The Center on Wrongful Convictions at Northwestern University Law School has called on Cook County State’s Attorney Anita Alvarez to vacate the conviction of Daniel Taylor. When Taylor was 17, he and seven others were charged with the 1992 shooting deaths of Sharon Haugabook and Jeffrey Lassiter. Taylor received a life sentence.

Police questioned Taylor about two weeks after the murders and after Taylor gave police a statement and confessed, he remembered that he was in Chicago police lockup at the time of the crime. According to Professor Brandon Garrett’s book, “Convicting the Innocent” in the first 250 DNA exonerations in the United States, 16% of the cases included false confessions. Juveniles are also more likely to confess to a crime they did not commit than adults.

The Chicago Tribune investigated the case in 2001 and found that documents that supported Taylor’s alibi were never turned over to his trial attorney. New documents include “handwritten notes of interviews of the officers working at the station the night Taylor was arrested,” according to the Tribune. Taylor’s attorney argues that these documents “did not support the prosecutors’ suggestion at trial that the police lockup records were falsified or inaccurate.” These documents would have helped to prove Taylor’s innocence by solidifying his alibi and showing that he could not have committed these murders as he was in police custody at the time of the crime. In a 7th U.S.Circuit Court of Appeals order late last year granting Taylor’s request to file a second appeal in federal court, the judges wrote that the newly revealed witness and the newly discovered police reports are “strong proof that Taylor’s participation in the crime was physically impossible.”

Read the full story.

UPDATE-Real Perpetrator in Ireland Case Convicted

March 24th, 2012

On Friday, March 23, 2012 Kevin Benefield was sentenced to 60 years in prison, the maximum sentence that he could have received, for the 1986 rape and murder of Barbara Pelkey. Kenneth Ireland spent nearly 20 years in prison before the Connecticut Innocence Project helped to secure DNA testing on blood found at the crime scene proving Ireland’s innocence and leading authorities to the true perpetrator. Ireland has decided to skip the sentencing explaining that he had to work and also, “because it’s not my case anymore. It never was.” Since his release, Ireland has gotten his driver’s license, a car, a job and money for an apartment with the help of the Innocence Project, Connecticut Bar Association and Community Partners in Action. Ireland’s lawyer is hoping to secure additional compensation for Ireland under a 2008 compensation law benefiting the wrongfully convicted.

Read the full story.

Originally posted 1/20/12
The story of New England exoneree Kenneth Ireland was back in the news yesterday when jurors convicted Kevin Benefield of the 1986 rape and murder of Barbara Pelkey, a crime that Ireland served 19 years in prison for before being cleared by DNA evidence. Pelkey was a 30-year-old mother of four when she was brutally raped and murdered while working the night shift at a factory in Wallingford, CT. The Connecticut Innocence Project took up Ireland’s case and with more advanced DNA testing methods was able to prove that the Ireland could not have been the perpetrator. The DNA results also led police to Kevin Benefield, who worked in the same building complex as Pelkey at the time of the crime. Karen Goodrow, the Director of the Connecticut Innocence Project was happy to hear the jury’s verdict saying, “It doesn’t negate from the pain for the victim’s family, or our client, but we’re satisfied that justice was done.”

Fallibility of Forensics

March 15th, 2012

According to Professor Brandon Garrett’s book “Convicting the Innocent”, more than half of the first 250 DNA exonerations were cases that included “invalid, unreliable, concealed, or erroneous forensic evidence.” In these cases forensic tests had been conducted on the evidence and had lead police to an innocent person. NEIP exoneree Stephan Cowans is mentioned in the photo gallery portion of the article.

Police, Prosecutors and Downstate Illinois Innocence Project Work Together to Achieve Justice

March 8th, 2012

On Tuesday a judge vacated the conviction of an Aurora, Illinois man who has maintained his innocence for the past 12 years in the murder of Shawn Miller and attempted murder of Leroy Starks. Two eyewitnesses to the murder identified Jonathan Moore as the shooter and he was subsequently found guilty and sentenced to 80 years in prison for the crime. Last April a confidential informant came to the police and provided new evidence indicating that Moore was not the shooter. Police followed up on the lead and officers John Munn and Darryl Moore located witnesses who had not come forward during the original investigation. Jonathan Moore’s family members report that police came to visit Moore in prison to tell him that they believed someone else committed the murder and that they planned to present their evidence to prosecutors. After police re-opened their investigation, they contacted the Kane County State’s Attorney Office to update them on the developments in the case and the office assigned a prosecutor to assist police in their investigation.

Judge Tim Sheldon vacated Moore’s conviction after prosecutors filed a motion to vacate all Moore’s convictions on Tuesday. Kane County State’s Attorney Joe McMahon said, “(Vacating the convictions) was a difficult decision, but I’m confident it was the right decision based on what we know today. The goal, both then and now, is to pursue the truth.” The Downstate Illinois Innocence Project became involved in the case after police visited Moore in prison to inform him about the new evidence in the case. Larry Golden, the Director of the Project, lauded the police stating, “The police officers deserve tremendous credit. This is unheard of. I know we haven’t had a case like this. This is the kind of county you want to live in.” Police are still actively investigating the case and searching for the true perpetrator.

NYT Examines False Confessions

February 29th, 2012

Did you know that in 16% of the first 250 DNA exonerations, suspects gave false confessions to police? Even though it seems counterintuitive to confess to a crime that you did not commit, it is a common occurrence that happens for a variety of reasons. Read a NYT piece that examines some of these reasons.

DNA Access Bill Becomes Law!

February 17th, 2012

On Friday, February 17, 2012 Massachusetts Governor Deval Patrick signed bill S.1987 into law, allowing potentially innocent inmates access to DNA evidence in their cases. Friday’s signing represents years of hard work and is a huge step in the right direction for justice in Massachusetts. The cost-neutral bill passed the Massachusetts Senate unanimously in July of 2011 and was again passed unanimously by the Massachusetts House of Representatives on Wednesday February 8, 2012. Representative John Fernandes, who co-sponsored the bill with Senator Cynthia Creem, urged the House to pass the bill saying, “We hold freedom highest among the rights that we cherish. One day, one week, one year, is too long for anybody wrongfully convicted to be held in prison. For the over 280 cases where DNA testing has resulted in reversals the average time in prison was 13 ½ years. No one should miss that much of their life.”

Massachusetts is the second-to-last state to pass a law of this kind and NEIP has worked hard alongside a representative group of stakeholders convened by the Boston Bar Association that included prosecutors, defense attorneys, law enforcement, and crime lab personnel to educate lawmakers about the importance of such legislation. On the House floor on February 8, Representative Fernandes told the story of NEIP exoneree Kenny Waters and his sister Betty Anne Waters, who dedicated 18 years of her life to proving her brother’s innocence. Ms. Waters and NEIP exoneree Dennis Maher, who spent 19 years in prison for a crime he did not commit, testified during the judiciary hearings in June 2011 in support of the bill. Because Massachusetts did not have a DNA access law, Mr. Maher spent an additional 6 years in prison before DNA testing proved his innocence.


You can watch a video of the bill being debated here. Representative Fernandes’ remarks on the bill begin at the 78 minute mark.