The first exoneration of a wrongfully convicted and imprisoned person through the use of post-conviction DNA testing was in 1989. Since then, more than 237 innocent people nationwide have been released from prison, through the use of DNA testing. These exonerees served an average of 12 years for crimes they did not commit. Here in New England, the New England Innocence Project has assisted in the representation and exoneration of six innocent people. These are the stories of just some of the innocent people that NEIP and the Innocence Project network have worked to exonerate. NEIP Exonerees Kenneth Waters Kenneth Waters spent eighteen years in prison for a murder he did not commit. His conviction was vacated in 2001 with the help of his sister, Betty Anne Waters. On May 21, 1980, the victim was found dead in her bed at home. Waters was interviewed by police that day, but was not charged with the murder until two years later, based largely on the testimony of two ex-girlfriends. The perpetrator left no fingerprints, but hairs and blood were present at the crime scene and, using the technology available at the time, tests purportedly proved Kenneth Waters was the killer. He was convicted in 1983. After Waters lost his appeals, his sister Betty Anne put herself through law school in order to take over her brother's case. Aware that new technology made it possible to test biological evidence and use DNA to prove innocence, Betty Anne Waters hunted down the old crime scene blood samples in a courthouse basement. In 1999, she asked for her brother’s DNA to be tested for a match against the blood samples, and in 2001 the results came back, excluding Kenneth Waters as the possible perpetrator. His conviction was vacated and he was freed in March 2001. Kenneth Waters was represented by the New York Innocence Project and NEIP attorneys. Ulysses Rodriguez Charles In 1984 Ulysses Rodriguez Charles was convicted of raping three female roommates in Brighton and spent eighteen years in prison. While serving time for crimes he did not commit, among the losses Charles suffered was the loss of his daughter to suicide. In May 2001 he was exonerated of those crimes. His exoneration came after testing of the biological evidence showed that semen on the victim's sheet and robe did not match Charles’s; his DNA was not found in the apartment. In addition, one of the victims had told police she believed the rapist was circumcised, a fact which would have ruled out Charles, but the prosecution withheld this from the defense The judge ruled that the prosecutors acted improperly by withholding this information. His conviction was overturned and the Commonwealth declined to re-try the case. Ulysses Charles was represented by Julie Boyden and Steven Hrones. Dennis Maher Dennis Maher was convicted in two separate trials of attacks on three women. In March 1984, he was found guilty of the rape and assault of two women in Lowell on consecutive evenings in November 1983. In April 1984, he was convicted of the August 1983 rape of another woman in Ayer. After the second trial, Maher was sentenced to life in prison. Under Massachusetts law in effect at the time of his convictions, he was also civilly committed to Bridgewater Treatment Center. Maher, a U.S. Army sergeant at the time of his arrest, had always asserted his innocence and wrote to The Innocence Project for help. The Innocence Project tried repeatedly to gain access to the biological evidence collected from the victims, but was told that the evidence couldn’t be found. In 2001, NEIP located long-misplaced evidence from the Lowell trial in the basement of the Middlesex Superior Court. In December 2002, DNA test results excluded Dennis Maher as the source of semen on the evidence. After Maher was excluded as the source of semen in the Lowell case, in February 2003, the Middlesex District Attorney's Office located at the Ayer Police station a slide prepared from the rape kit of the Ayer rape victim. This slide was submitted for DNA testing and Maher was again excluded as the source of semen. Dennis Maher was exonerated in April 2003 after 19 years in prison. He was represented by NEIP attorneys and by the Innocence Project in New York. Anthony Powell In 1992, Anthony Powell was convicted on kidnapping and rape charges involving a teenage girl and was sentenced to a 12- to 20-year prison sentence. The victim was kidnapped at knifepoint as she waited for a bus. The assailant raped her in a wooded area and then demanded that she come to a nearby skating rink the following night with $100. The next night, the police staked out the skating rink and picked up Powell, who was then positively identified by the young woman and charged with the crime. Powell maintained his innocence throughout his imprisonment, but it was not until the Committee for Public Counsel Services appointed attorneys Julie Boyden and Steven Hrones to his case that the attorneys, working with NEIP, were able to obtain DNA testing of semen found in the rape victim. The DNA tests excluded Powell as the attacker, and in March 2004, after serving 12 years of his sentence, Mr. Powell was exonerated. In July 2008, a 35-year old ex-inmate was arrested and charged with committing the crime for which Anthony Powell had served 12 years. Police linked the man to that crime, and three other unsolved rapes, through a search of an FBI database of unsolved rapes and a match to DNA from mandatory testing done before the inmate’s release from Suffolk House of Correction. Jeffrey Scott Hornoff Jeffrey Scott Hornoff was a 27-year-old detective with the Warwick, Rhode Island Police Department until he was charged, tried and convicted in 1996 of first-degree murder. During the summer of 1989, Victoria Cushman was bludgeoned to death with a fire extinguisher and porcelain jewelry box. When questioned, Hornoff immediately admitted to superiors that he knew Ms. Cushman. After requesting and passing a polygraph examination supporting his claim of innocence, certain members of his police department prodded the Attorney General to appoint the Rhode Island State Police to investigate Hornoff. While there was no physical evidence or any witness identification linking him to the murder, Hornoff went to trial years after Ms. Cushman’s murder, was convicted of first-degree murder and sentenced to life in prison. He served six years, four months and 18 days of a life sentence for another's crime, and was freed on November 6, 2002, five days after Ms. Cushman's boyfriend, Todd Barry, came forward and confessed to the crime. NEIP attorneys represented Jeffrey Scott Hornoff and his was the first post-conviction DNA testing conducted in RI. Stephan Cowans Stephan Cowans was convicted of armed assault with intent to murder and other related crimes for the May 30, 1997 shooting of a Boston Police Officer. To convict Cowans, the Commonwealth used an eyewitness identification and a latent fingerprint that had been found on a glass mug used by the assailant. (DNA analysis of evidence found at crime scenes was not routinely done at the time of the Cowans trial). From the beginning, Stephan Cowans had consistently maintained that he was innocent. In 2000, the New England Innocence Project helped secure DNA testing for Cowans. Despite the fact that tests on the brim of a baseball cap and sweatshirt worn by the assailant excluded Cowans, the prosecutor insisted that he would re-try the case on the basis of the fingerprint on the mug. However, after re-examining the fingerprint evidence, Boston & State Police concluded that the original fingerprint analysis was mistaken and the fingerprint was not a match for Cowans. After serving over six and a half years in prison, Stephan Cowans was officially exonerated in February 2004. He was represented by NEIP attorneys, Robert N. Feldman of Birnbaum & Godkin, LLP, Steven Maidman & by the Innocence Project in New York. Other New England Exonerees Marvin Mitchell Marvin Mitchell was exonerated in April 1997 after spending seven years and three months in prison for a crime he did not commit. In 1990 he was convicted of abducting and raping an eleven-year-old girl while she waited for the bus. Marvin Mitchell was imprisoned despite the fact that he matched neither the victim identification nor the semen samples obtained from the victim. In 1997 additional testing showed that Mitchell did not match the DNA semen sample taken at the crime scene. Marvin Mitchell was represented by Noah Rosmarin. Eric Sarsfield Eric Sarsfield, who was released on parole in June 1999, was exonerated in August 2000 after serving nine years in prison for a crime he did not commit. He was convicted of the 1986 rape of a Middlesex County woman. Despite the fact that a rape kit existed, the Commonwealth offered no physical evidence at trial to link Sarsfield to the crime, and its case depended almost entirely on the victim's less-than-certain identification. Attorney George Garfinkle, assigned pro bono to Sarsfield’s appeal, realized that proof of his innocence lay in the long-missing and presumably lost biological evidence. Garfinkle hired a private investigator who tracked down the evidence to a cardboard box in the Middlesex court clerk’s office. In March 2000, DNA tests conducted on the clothing the victim wore at the time of the crime indicated that Eric Sarsfield was excluded as the source of semen found on the clothing. Sarsfield’s motion for post-conviction relief on August 3, 2000 was granted. The District Attorney’s office declined to re-prosecute. Neil Miller In May 2000, Neil Miller was exonerated after spending 10 years in prison. He was convicted of aggravated rape while armed and breaking and entering with intent to commit a felony on December 19, 1990, in Boston. Miller's conviction rested almost entirely on the eyewitness testimony of the victim, who picked his photo out of a mug book (which was taken after he had been convicted of a non-sexual crime). At trial, a scientist from the Boston Police Crime Laboratory testified that Miller could not be eliminated as the source of semen stains that were found on the victim's bedding. Almost ten years later, additional and more sophisticated testing was performed on the samples and the test results definitively excluded Neil Miller as the source of the sperm found. He was represented by the New York Innocence Project and Nona Walker. Eduardo Velasquez (formerly known as Angel Hernandez) Angel Hernandez spent thirteen years in prison for a crime he did not commit. On November 23, 1988, Hernandez was convicted by a jury of assault and battery by means of a dangerous weapon, indecent assault and aggravated rape. His conviction was affirmed on August 12, 1991. Blood typing was the only biological evidence presented at the trial in 1991. This test indicated that Hernandez had the same blood type as the assailant, but it was also stated that approximately eleven percent of the Hispanic population shared this blood type. A motion was filed to gain access to the evidence for DNA testing. In 2001 DNA testing was performed on sperm that had been collected as evidence. The results excluded Hernandez, who was exonerated and released on August 15, 2001. Angel Hernandez was represented by Sam Silverman. James Tillman After being released from prison on June 6, 2006, James Tillman was officially exonerated by DNA testing on July 11, 2006. With the assistance of the Connecticut Innocence Project, Tillman walked out of prison after serving 16 years on a rape and kidnapping conviction. Throughout his trial, Tillman maintained his innocence but was convicted, after a jury trial, of all charges on September 19, 1989. The conviction was based almost entirely upon the eyewitness identification of the victim. The crime was committed on January 22, 1988. The 26-year-old victim was attacked getting into her car, raped, beaten, and robbed. A forensic analyst testified at trial that serological testing of semen on the victim’s dress could have come from Tillman, and about 20 percent of the male population. A rape kit had been collected at the hospital after the crime, but the samples in the kit were not tested at the time of trial. In 2005, the Connecticut Innocence Project, with attorneys Karen Goodrow and Brian Carlow, took on Tillman’s case. More advanced DNA testing was performed on the crotch sample of the victim’s pantyhose and on multiple semen stains on the victim’s dress. The victim’s husband was excluded from the semen stains. Most importantly, Tillman was also excluded from all of the semen samples and all of the samples matched one another, meaning the semen was from a single source. On June 6, 2006, Tillman’s conviction was vacated after the Superior Court granted a petition for a new trial based on DNA evidence. Tillman was released without bail. Further DNA testing was performed on one more stain on the dress, which also originated from the source on the other stains. On July 11, 2006, the charges against Tillman were dropped and James Calvin Tillman was exonerated after spending more than 16 years in prison for a crime he did not commit. Massachusetts - 31 Exonerees (NEIP Exonerees in Bold)
Non-NEIP New England Exoneree Profiles Marvin MitchellDate of Conviction: 1990 Place of Conviction: Massachusetts Crime: Rape Sentence: 9-25 Years Exonerated: May 23, 1997 Years in Prison: 7 Marvin Mitchell was exonerated in April 1997 after spending seven years and three months in prison for a crime he did not commit. In 1990 he was convicted of abducting and raping an eleven-year-old girl while she waited for the bus. Marvin Mitchell was imprisoned despite the fact that he matched neither the victim identification nor the semen samples obtained from the victim. In 1997 additional testing showed that Mitchell did not match the DNA semen sample taken at the crime scene. Marvin Mitchell was represented by Noah Rosmarin. Eric Sarsfield Date of Conviction: July 14, 1987 Place of Conviction: Massachusetts Crime: Rape Sentence: 10-15 Years Exonerated: August 3, 2000 Years in Prison: 9 Eric Sarsfield, who was released on parole in June 1999, was exonerated in August 2000 after serving nine years in prison for a crime he did not commit. He was convicted of the 1986 rape of a Middlesex County woman. Despite the fact that a rape kit existed, the Commonwealth offered no physical evidence at trial to link Sarsfield to the crime, and its case depended almost entirely on the victim's less-than-certain identification. Attorney George Garfinkle, assigned pro bono to Sarsfield’s appeal, realized that proof of his innocence lay in the long-missing and presumably lost biological evidence. Garfinkle hired a private investigator who tracked down the evidence to a cardboard box in the Middlesex court clerk’s office. In March 2000, DNA tests conducted on the clothing the victim wore at the time of the crime indicated that Eric Sarsfield was excluded as the source of semen found on the clothing. Sarsfield’s motion for post-conviction relief on August 3, 2000 was granted. The District Attorney’s office declined to re-prosecute. Neil Miller Date of Conviction: December 19, 1990 Place of Conviction: Massachusetts Crime: Aggravated Rape while Armed and Breaking and Entering with Intent to Commit a Felony Sentence: 9-25 Years Exonerated: May 2000 Years in Prison: 10 In May 2000, Neil Miller was exonerated after spending 10 years in prison. He was convicted of aggravated rape while armed and breaking and entering with intent to commit a felony on December 19, 1990, in Boston. Miller's conviction rested almost entirely on the eyewitness testimony of the victim, who picked his photo out of a mug book (which was taken after he had been convicted of a non-sexual crime). At trial, a scientist from the Boston Police Crime Laboratory testified that Miller could not be eliminated as the source of semen stains that were found on the victim's bedding. Almost ten years later, additional and more sophisticated testing was performed on the samples and the test results definitively excluded Neil Miller as the source of the sperm found. He was represented by the New York Innocence Project and Nona Walker. Eduardo Velasquez (formerly known as Angel Hernandez) Date of Conviction: November 23, 1988 Place of Conviction: Massachusetts Crime: Assault and Battery by means of a Dangerous Weapon, Indecent Assault and Aggravated Rape Sentence: 12-18 Years Exonerated: August 15, 2001 Years in Prison: 12 Angel Hernandez spent thirteen years in prison for a crime he did not commit. On November 23, 1988, Hernandez was convicted by a jury of assault and battery by means of a dangerous weapon, indecent assault and aggravated rape. His conviction was affirmed on August 12, 1991. Blood typing was the only biological evidence presented at the trial in 1991. This test indicated that Hernandez had the same blood type as the assailant, but it was also stated that approximately eleven percent of the Hispanic population shared this blood type. A motion was filed to gain access to the evidence for DNA testing. In 2001 DNA testing was performed on sperm that had been collected as evidence. The results excluded Hernandez, who was exonerated and released on August 15, 2001. Angel Hernandez was represented by Sam Silverman. James Tillman Date of Conviction: September 19, 1989 Place of Conviction: Connecticut Crime: Rape and Kidnapping Sentence: 45 Years Exonerated: July 11, 2006 Years in Prison: 16 After being released from prison on June 6, 2006, James Tillman was officially exonerated by DNA testing on July 11, 2006. With the assistance of the Connecticut Innocence Project, Tillman walked out of prison after serving 16 years on a rape and kidnapping conviction. Throughout his trial, Tillman maintained his innocence but was convicted, after a jury trial, of all charges on September 19, 1989. The conviction was based almost entirely upon the eyewitness identification of the victim. The crime was committed on January 22, 1988. The 26-year-old victim was attacked getting into her car, raped, beaten, and robbed. A forensic analyst testified at trial that serological testing of semen on the victim’s dress could have come from Tillman, and about 20 percent of the male population. A rape kit had been collected at the hospital after the crime, but the samples in the kit were not tested at the time of trial. In 2005, the Connecticut Innocence Project, with attorneys Karen Goodrow and Brian Carlow, took on Tillman’s case. More advanced DNA testing was performed on the crotch sample of the victim’s pantyhose and on multiple semen stains on the victim’s dress. The victim’s husband was excluded from the semen stains. Most importantly, Tillman was also excluded from all of the semen samples and all of the samples matched one another, meaning the semen was from a single source. On June 6, 2006, Tillman’s conviction was vacated after the Superior Court granted a petition for a new trial based on DNA evidence. Tillman was released without bail. Further DNA testing was performed on one more stain on the dress, which also originated from the source on the other stains. On July 11, 2006, the charges against Tillman were dropped and James Calvin Tillman was exonerated after spending more than 16 years in prison for a crime he did not commit. |
