Amicus Year in Review: Impact and Continued Efforts

At the New England Innocence Project, our work goes beyond litigating one case at a time. We also take every opportunity to raise our voices to effect systemic change. Whenever the Court makes a decision in an individual case, it has the power to change the law for everyone. Engaging in amicus work allows us to use our knowledge and expertise to help shape these decisions, helping to prevent future tragedies and create more freedom.

When we file amicus briefs in cases—often in coalition with similarly aligned community partners—we advocate for, and stand with, members of our community. Whether the Court adopts our position or not, we are committed to shining a light on the injustices our community faces in the criminal legal system. 

In the last year, we have seen the significant impact of our amicus work in a number of Court decisions, including in the following cases:

  • Commonwealth v. Gaines: In affirming the lower court’s decision to grant Mr. Gaines a new trial, the Court found that new science on eyewitness identification qualifies as newly discovered evidence that could lead to relief for those convicted on the basis of unreliable eyewitness identifications. 

  • Commonwealth v. Mercado: Building on its decision in Gaines, the Court emphasized that Massachusetts courts did not sufficiently understand critical advancements in eyewitness identification science until 2015. This opens the door for individuals convicted as a result of eyewitness misidentification before 2015 to present developments in eyewitness identification science as newly discovered evidence, opening new pathways to freedom.

  • Commonwealth v. Rogers: The Court reaffirmed the power of judges to reduce unjust verdicts at any time after a conviction by rejecting a time limit to seek this form of relief. Being able to go back to court at any time after a conviction enables some people to have their cases / sentences reexamined and could mean more freedom. 

  • Commonwealth v. Cruz: Wrongfully convicted people in Massachusetts must meet certain eligibility requirements in order to seek compensation from the state. By limiting these eligibility requirements, the Court made it possible for more wrongfully convicted people to pursue financial relief for the injustice they have endured. 

  • Commonwealth v. Marrero: In overturning Mr. Marrero’s conviction on the basis of new DNA evidence, the Court highlighted how new evidence can reveal misleading arguments about forensics previously made to the jury. 

  • Graham v. District Attorney of Hampden County: In responding to the failure of the Hampden County District Attorney’s Office to look into widespread misconduct in the Springfield Police Department, the Court affirmed that prosecutors have a duty to investigate known and potential police misconduct and to disclose officer misconduct to those accused of crimes. With official misconduct being one of the leading causes of wrongful convictions, knowledge of that misconduct is essential to help prevent injustice.

And we have continued to raise numerous issues with courts in Massachusetts and beyond, while still awaiting decisions, including:

  • Commonwealth v. Gordon: Forensic evidence is extremely persuasive in criminal prosecutions. When forensic evidence comes in through the testimony of substitute witnesses—those who did not do the forensic testing and stand in for the analysts who did—testing errors and misconduct can go undetected. Massachusetts should re-examine convictions involving substitute witnesses to ensure that the person accused was able to adequately confront the forensic evidence against them. 

  • A series of juvenile cases: Massachusetts must affirm well-established constitutional protections for individuals who record and criticize police violence and limit the over-expansive and discriminatory use of “resisting arrest” charges as a method of controlling and suppressing police opposition and punishing kids simply for being kids. 

  • State v. Reynolds: We know the devastating impact of wrongful convictions on individuals, families, and communities, which is why all wrongfully convicted people in Vermont—not just those exonerated based on DNA evidence—should be eligible for financial relief under Vermont’s compensation statute. 

  • Commonwealth v. Pascual-Santana: The Commonwealth is obligated to thoroughly investigate misconduct allegations. In this case, where we argue that the Commonwealth failed in its duty to investigate allegations of an undisclosed romantic relationship between a judge and a prosecutor, the Court has now appointed a “Special Master” to investigate the matter (including securing evidence and calling witnesses if needed) and report back to the Court with findings.

We are grateful to our community and pro bono partners who support and make our amicus practice possible, and we look forward to sharing the continued impact of our efforts.

Remembering Sam Sommers

Remembering Sam Sommers, Whose Research on Race Supported the Fight for Freedom
for Wrongfully Convicted People

Dr. Sam Sommers lent his expertise to support the wrongfully convicted

Overturning even one wrongful conviction requires an enormous effort; it takes a team and a community.  At the New England Innocence Project (NEIP), our legal efforts rely on collaborations with pro bono attorneys, investigators, forensic analysts, and social scientists, among others. This week, NEIP mourns the loss of Dr. Sam Sommers, a psychology professor and director of the Racial Diversity and Equity Lab at Tufts University, who lent his expertise to support the wrongfully convicted–including our client, Edward Wright–and bring them home to their families.  

Sam was an experimental social psychologist whose research focused on race, social perception and judgment, and the psychology of intergroup relations and racial bias. Over the course of his career, he shared his expertise on the impact of race in the criminal legal system, including exposing its staggering racial disparities. He was generous with his time and supported NEIP clients who had been misidentified by a cross-racial eyewitness identification or who were convicted based on racial stereotypes at trial or during jury deliberations.

Sam’s focus on race was essential to our work and to understanding the stories of our clients. Based on National Registry of Exonerations data, Black people are far more likely to be convicted of crimes they did not commit than white people. For example, innocent Black people are seven times more likely to be wrongfully convicted of murder than white people. And although Black people make up less than 14% of the U.S. population, they account for nearly half of all exonerations.

Sam’s most recent collaboration with NEIP involved a careful examination of the role of race in Edward Wright’s wrongful conviction out of Springfield, Massachusetts in 1985. Eddie, a Black man, was tried before an overwhelmingly white jury after the prosecutor challenged every potential Black male juror in the courtroom before the trial began. Eddie was prosecuted for the murder of a white woman, who was his friend, and the prosecutor repeatedly and gratuitously emphasized the victim’s race and used racialized language in questioning witnesses and addressing the jury. Eddie was also seated away from his attorney for the duration of the trial. In an expert report that was submitted to the court in support of Eddie’s Motion for New Trial, Dr. Sommers concluded that “the staging of the trial, including where Mr. Wright was seated, would have risked activating longstanding stereotypes of Black men and danger.” Our fight to overturn Eddie’s wrongful conviction is ongoing as we await a decision on his Motion for New Trial, and we are saddened that Sam cannot be here to see the impact of his contributions. 

Sam’s commitment to racial justice was unwavering. We are forever grateful for his invaluable assistance–in Eddie’s case and so many others. His voice, wisdom, and expertise will be sorely missed, but his legacy lives on in the families he helped reunite and the ongoing fight for freedom.

Advocacy Update: Expanding the Time to Petition for a New Trial in N.H.

We believe that if someone is innocent and in prison, they should be able to go to the Court when there is new evidence about their case. Right now, in New Hampshire, wrongfully convicted people only have three years to go back to the Court, and that leaves innocent people languishing in prison.

Earlier this month, we testified in New Hampshire in support of SB141, a bill that would expand the time for an innocent person to petition for a new trial where they've uncovered new evidence or new forensic evidence, key tools that can prove someone's innocence. You can view an excerpt from this testimony below.

"This [three-year] timeline is virtually impossible to meet in wrongful conviction cases. In 2016, the National Registry for Exonerations reported that an average exoneration took 11 years, almost three times the New Hampshire limit. Wrongful conviction work is slow for many reasons…the three-year limitation period is preventing viable claims of innocence from coming to light.

With the proposed changes to this statute, New Hampshire can bring itself in line with the rest of the country and with scientific understanding. There is no value in a wrongful conviction based on false or misleading evidence. This bill would offer a meaningful pathway to correct these wrongful convictions in New Hampshire." 
— Cynthia Mousseau, N.H. Staff Attorney, New England Innocence Project 

There are many more steps in the legislative process, but if it passes, it could significantly impact members of our community who are wrongfully incarcerated in New Hampshire.

Thomas Rosa, Jr.’s Convictions Overturned

STORY UPDATE (Feb. 13, 2025): The Suffolk County District Attorney's Office continues to push toward a fourth trial for Mr. Rosa, who has already spent 34 years in prison for a crime he did not commit and after DNA evidence led to the overturning of his wrongful conviction. While our team continues fighting for Mr. Rosa, we will alert you to opportunities to support him in court.

Suffolk DA pushing for fourth trial for Thomas Rosa, Jr. (WCVB, Jan. 4, 2024)

SEPTEMBER 7. 2023
Thomas Rosa, Jr.’s Convictions Overturned
After Being Wrongfully Incarcerated for 34 Years for a Murder he did not Commit

(SEPTEMBER 7, 2023) The New England Innocence Project and the Boston College Innocence Program announce that Suffolk Superior Court Judge Michael Ricciuti has vacated the conviction of their client, Thomas Rosa, Jr. of Chelsea, who was wrongfully incarcerated for 34 years for a murder that he did not commit.  Judge Ricciuti vacated all of Mr. Rosa’s convictions on September 6 because new DNA evidence and advances in eyewitness science directly undermined the trial evidence that the state used to convict him.

Mr. Rosa, who has always maintained his innocence, was wrongfully convicted in Suffolk County Superior Court for the 1985 murder of Gwendolyn Taylor. Mr. Rosa presented himself voluntarily to the police and was tried three times, facing one mistrial and one overturned conviction before his final conviction in 1993.

Mr. Rosa’s attorneys, Radha Natarajan of the New England Innocence Project and Charlotte Whitmore of the Boston College Innocence Program, filed the Motion for New Trial on June 29, 2020, presenting numerous arguments why his convictions should be overturned.  A decision on October 14, 2020, by Justice Gaziano, acting as the Single Justice for the Supreme Judicial Court, allowed Mr. Rosa to be freed while Judge Ricciuti considered his Motion for New Trial.

In his decision, Judge Ricciuti held that the evidence against Mr. Rosa at trial was “far from overwhelming” and that the new DNA evidence “debunks the prosecution’s closing statement” and “casts doubt regarding the reliability of the eyewitness testimony,” which we now know, based on advances in science, was “not as strong as the Commonwealth thought.”

Specifically, all of the forensic blood-typing evidence that the Commonwealth used at trial to connect Mr. Rosa to this crime is now contradicted by new DNA testing. The only remaining evidence was the testimony of two eyewitnesses who viewed the perpetrator at night for less than ten seconds under circumstances that we now know, based on numerous exonerations and research, create a high risk of misidentification. In addition, Mr. Rosa did not have the one distinctive feature noted by an eyewitness – a missing tooth or gap in his teeth. Finally, the eyewitnesses described a scenario where the victim and assailant knew each other, but Mr. Rosa and the victim never knew each other.

The Suffolk County District Attorney’s Office assented to Mr. Rosa’s motion for postconviction relief and must now decide whether to dismiss the charges against Mr. Rosa or proceed with a fourth trial. Despite a court order requiring the Commonwealth to preserve the physical evidence in the case, the Commonwealth lost the murder weapon as well as other evidence from the crime scene.

“We are grateful that the Suffolk County District Attorney’s Office agreed to this relief. Given the new DNA and scientific evidence that dismantles the Commonwealth’s case against Mr. Rosa, there is no other just outcome but to have this conviction overturned,” said Attorney Radha Natarajan, Executive Director of the New England Innocence Project, who has been representing Mr. Rosa for the last seven years. Natarajan continued, “We are hopeful that the District Attorney will now end this nightmare by dismissing all charges against Mr. Rosa. There should be no fourth trial for this innocent man.”

Mr. Rosa’s co-counsel, Boston College Innocence Program Senior Attorney Charlotte Whitmore said, “Many BCIP students worked tirelessly behind the scenes to help achieve this long-awaited outcome and we are privileged to have partnered with the New England Innocence Project to achieve justice for Mr. Rosa after so many years of wrongful imprisonment.”

Since obtaining his freedom, Mr. Rosa has been reunited with his family, including his wife, son, and grandchildren, who are a constant source of joy for him. He has been very involved in his community, especially the Exoneree Network community, lending support to others who have experienced a wrongful conviction or suffered the trauma of long-term incarceration. Unfortunately, Mr. Rosa has suffered from declining health as a result of decades of wrongful imprisonment and inadequate healthcare. He looks forward to closing this chapter as soon as possible.

Reading the Court’s decision, Mr. Rosa reacted that “the truth is finally coming out.” Mr. Rosa’s wife, Virginia, stated, “I am excited and believe that the future will get better and brighter. From prison to freedom, how sweet it is!” But reflecting on the prospect of retrial, Mr. Rosa added, "I am free but not free." 

For more information or for media inquiries, contact Jordan Salvatoriello at jordan@newenglandinnocence.org.

Honoring the Legacy of Exoneree, Bobby Joe Leaster

New Book About Bobby Joe’s Case and Life, Justice Under God, Benefits NEIP

Pictured: Judge Christopher Muse (right) with client Bobby Joe Leaster on Bobby’s 35th birthday.

“He was a client, then a friend, then a brother.” — Judge Christopher Muse

Bobby Joe Leaster served 15 years in a Massachusetts state prison for a murder he did not commit. With the help of father-son team, Robert and Christopher Muse, he won his freedom and worked for decades with at-risk youth as one of Boston’s preeminent street workers.

Christoper Muse, now a retired judge, launched his new book about Bobby Joe’s case and life, Justice Under God, on Amazon on January 8, in celebration of what would have been Bobby Joe’s 75th birthday.

“It was personally rewarding for me to write this book, not only to honor Bobby Joe’s life and legacy but to raise awareness about wrongful convictions and help bring necessary change to the criminal justice system.

The appellate courts, for too long, defaulted to their stubborn adherence to the principle of Finality of Conviction.  When I gave Bobby Joe the bad news from his fourth rejected appeal, he asked with the first hint of anger I had ever observed: ‘How did I get a fair trial if I am innocent?’”
— Judge Christopher Muse

“Bobby Joe Leaster’s story continues to teach us the power of hope and the importance of creating systemic change to prevent future wrongful convictions.” 
— Radha Natarajan, Executive Director, NEIP

100% of the royalties from the book will go to the New England Innocence Project in support of our fight against injustice in the criminal legal system for people like Bobby Joe.

This is What Community Looks Like

Thank you for being such an important part of our community.
We’re excited to share some of these memorable moments with you.

We’ve had a very eventful fall! Our community came together over the past several weeks in celebration and solidarity, in hope and in healing at events like Jammin’ for Justice, Running for Innocence, Voices of the Innocent, and Wrongful Conviction Day. We’ve worked together to grow the movement to free innocent people from prison. We’ve raised our voices in honor of loved ones who are still incarcerated. We’ve educated our legislators in an effort to shed light on wrongful convictions, and advocated for reforms to prevent future tragedies and help freed people to thrive.

For additional photos and information about our fall community events, please see below.

Upcoming Events & Ways to Get Involved

Jammin’ for Justice
October 24 | 6 - 9 p.m.
The Burren, Somerville

 
 

At the fourth annual Jammin’ for Justice event, the night’s theme, “Wounded but Not Broken,” symbolizes the loss and resilience that the Exoneree Network co-founders — Sean Ellis, Ray Champagne, and Victor Rosario — recognized in themselves and sought to embody in their work supporting others. Concert proceeds will help provide support for exonerees as they rebuild in freedom and ensure newly freed and exonerated people will have the opportunity to attend the 2025 Innocence Network Conference where this community can come together to heal after the trauma of long-term incarceration.

Enjoy a special line-up of musical guests, including the "Friends of Justice" band which will perform original songs of exoneration, the "Peace Players," led by exoneree Milton Jones, and the "OGs," led by exonerees Joseph Pope and Albert Brown, featuring songs they wrote and performed together while wrongfully incarcerated for crimes they did not commit. Tickets are on sale now, $25 in advance and $30 at the door.

Running for Innocence
November 3  |  Lexington, MA

This year marks the 10th anniversary of the Running for Innocence team! On November 3, our team will return to the Lexington Battlegreen 5K/10K with the goal of raising $25,000 in the fight for freedom. This event offers options for runners and non-runners of all ages and is a wonderful opportunity to meet and welcome our exoneree team members, all of whom inspire us to continue this important work.

Funds raised will help pay for the investigators and experts needed to free innocent people incarcerated for crimes they did not commit and support the Exoneree Network, which cultivates a thriving and safe community for exonerees and those who have suffered the trauma of long-term incarceration. Please join us!

“Unbroken”
October 19, 7:30 p.m.  |  Strand Theater, Boston

 
 

For one night only! On October 19, 2024 (7:30 p.m.), at Boston’s Strand Theater, the Jo-Mé Dance Theatre will perform “Unbroken,” a breathtaking dance performance that includes 4 works by choreographers Naoko Brown and Joe González, and features the story of Sean Ellis’ fight for justice after a wrongful conviction. Learn more and purchase tickets.

NEIP Executive Director Awarded Liberation Leader Honor

Boston Women’s Fund Honors NEIP Executive Director
as 2024 Liberation Leader


In September 2024, The Boston Women’s Fund honored 40 Liberation Leaders who have contributed outstanding work toward racial, gender, economic, and social justice in Greater Boston, including the New England Innocence Project’s Executive Director, Radha Natarajan.

The honor was given for exemplary leadership and dedication to advancing the welfare of the community through the disruption and dismantlement of oppressive systems. Congratulations, Radha!