Marvin Schechter appears on NPR

December 5th, 2012

Marvin Schechter was a guest on NPR’s “The Take Away” Monday morning to discuss the situation with Annie Dookhan at the Hinton Crime Lab. Marvin was a co-author of 2009’s groundbreaking National Academies of Science report critiquing the current state of forensic science in the United States. He has also presented at NEIP trainings about the NAS Report and forensic science.

Major problems have emerged at the Hinton State Crime Lab located in Jamaica Plain after evidence emerged that a chemist working in the lab since 2003 was not following lab protocols and in some cases, may have deliberately tampered with evidence. Reports suggest that chemist Annie Dookhan worked on over 60,000 samples potentially affecting up to 34,000 criminal cases.

Willingham’s Family Seeks Posthumous Pardon

October 25th, 2012

Twenty years ago, Cameron Todd Willingham was convicted of starting the fire that consumed his home and killed his three young daughters. On October 24, 2012 members of Willingham’s family filed a petition with the Texas Board of Pardons and Paroles asking them to posthumously clear his name. The validity of Willingham’s conviction was called into question after advances made in arson science showed that the fire was based on flawed forensics. Despite evidence of his innocence, Willingham was executed for the crime on February 17, 2004. He always maintained his innocence.

You can read an in-depth investigation of Willingham’s case here.

Read more about advances in arson science on our website.

NEIP Holds 2nd Annual Exoneree Picnic!

October 11th, 2012

NEIP hosted a picnic for New England exonerees and their families on Sunday, October 7th at our new office right off the Boston Common. New England exonerees and their families joined NEIP staff for a day of food, games and discussion. This is the second annual exoneree picnic. Guests in attendance included Dennis Maher, who spent 19 years in prison for a crime he did not commit, and Betty Anne Waters, who put herself through law school to prove her brother Kenneth’s innocence. The event was designed to give exonerees the chance to discuss their struggles and successes adjusting to life after being freed from prison.

While some exonerees have found jobs, started families and bought houses, many struggle with the lack of resources available to help them transition to life on the outside. People who are proved innocent are often not eligible for the same post-release services available to people who are released after they complete their prison terms.

NEIP provides pro bono legal assistance to inmates who have claims of actual innocence. The New England Innocence Project’s mission is to represent persons wrongly convicted in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island or Vermont and to advocate for the reform of our criminal justice system. It is the New England Innocence Project’s vision that no one in New England will ever go to prison for a crime he or she did not commit.

Please consider making a donation so that we can continue to fulfill our mission of helping the wrongly convicted in New England.

Update- NEIP Board Member Chosen to Lead Review of Cases in Crime Lab Scandal

September 27th, 2012

Updated 9/28/12
This afternoon former lab technician Annie Dookhan was arrested at her home in Franklin following a lengthy investigation into her mishandling of evidence at a Jamaica Plain drug laboratory. She is expected to be arraigned this afternoon in Boston Municipal Court on two felony counts of obstruction of justice and one misdemeanor count of falsifying her academic record. NEIP is continuing to follow the situation and will update information as we receive it.

Originally posted 9/27/12
Major problems have emerged at the Hinton State Crime Lab located in Jamaica Plain after evidence emerged that a chemist working in the lab since 2003 was not following lab protocols and in some cases, may have deliberately tampered with evidence. Reports suggest that chemist Annie Dookhan worked on over 60,000 samples potentially affecting up to 34,000 criminal cases. By September 23, at least 11 defendants awaiting trial in drug cases had been set free due to the unreliability of the evidence used to convict them.

NEIP Board of trustee member David Meier has been appointed by Governor Deval Patrick to head a committee tasked with reviewing and identifying cases linked to Dookhan’s work. Meier worked as a prosecutor in Suffolk and Middlesex counties for 20 years before working as a defense attorney for the Boston firm Todd & Weld LLP. During his time as prosecutor, he helped overturn the wrongful convictions of Donnell Johnson and Marlon Passley.

Meier announced that up to 1,150 convictions could be called into question based on problems in the crime lab. These convictions represent defendants who were convicted of crimes based on the drug evidence analyzed by Dookhan, and who still remain incarcerated for those crimes in state prison or county jail. In the coming days and weeks, Meier’s team will work to identify others incarcerated in federal prison, those in jail waiting to be tried and people who have been freed on bail.

NEIP will continue to follow this story and report on developments.

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.”