Innocence

New Podcast: DPIC Interviews Death-Row Exoneree Isaiah McCoy

Saying "I’m young, I have a lot of energy, and I’m up to the task of fighting for the rights of others,” death-row exoneree Isaiah McCoy (pictured, center) and his attorneys spoke with DPIC about his wrongful conviction, his exoneration, and his future. Just weeks after his January 19, 2017 exoneration from Delaware's death row, McCoy and lawyers Michael Wiseman and Herbert Mondros (pictured with McCoy) spoke with Robin Konrad, DPIC's Director of Research and Special Projects as part of the Discussions with DPIC podcast series. McCoy's case featured several systemic problems that plague the death penalty system: a lack of physical evidence, eyewitnesses who received deals from the prosecutor and told multiple versions of the story about the crime, a non-unanimous jury recommendation for a death sentence, and a prosecutor whose misconduct in the case was so outrageous that he was suspended from practicing law. McCoy—the nation's 157th death row exoneree—and his attorneys explain how these factors contributed to his wrongful conviction, discuss his efforts to be exonerated, and describe McCoy's life since exoneration. In January 2015, the Delaware Supreme Court granted McCoy a new trial as a result of "pervasive prosecutorial misconduct that permeated" his trial. In the podcast, McCoy shares his views on reforms that could help prevent future wrongful convictions. "A lot of these prosecutors, they've built a culture at their offices where they don't care whether a person is guilty or innocent. Their only goal is to win by any means necessary," McCoy says. "So, I think that's something we must change, in order for the scales of justice to be even." He advises others facing wrongful convictions to educate themselves about the legal system, reach out to organizations for help, and "be steadfast." He said that he plans to use his experiences to protest mass incarceration and assist others who have been wrongfully convicted.

Problems in Florida, Arizona Crime Labs Renew Questions About Reliability of Forensic Testimony

More than 2,600 Florida cases—including at least one capital case—may have been tainted by erroneous fingerprint analysis by a long-term employee of the Orange County Sheriff's Office, according to letters sent to defense counsel by the Orange-Osceola State Attorney's Office. The revelations were another in a series of events raising questions about the reliability of forensic evidence that is being used in capital prosecutions across the United States. In early February 2017, the Orange-Osceola State Attorney's Office contacted defense attorneys in cases that involved Marco Palacio, a 17-year employee of the county sheriff's office, to alert the defense to a pattern of “clerical errors, failure to identify prints of value and the mislabeling of print cards” by Palacio. At least one death row inmate, Bessman Okafor, is among the affected defendants. Orlando defense attorney Hal Uhrig said, “The wrong name on the wrong card, and all the sudden you get confirmation of a print that’s not there. That’s serious stuff.” The integrity of cases in Arizona was also called into question a few months earlier, after an investigation by KPNX found that Norman Wade, the lab director of the Maricopa County Medical Examiner's Office, had a felony conviction for stealing a gun that had been entered as evidence at his previous job in Ventura County, California. The chief medical examiner was aware of Wade's conviction when Wade was hired, but the information was never presented to defense attorneys in cases in which Wade had testified. Kindra Fleming, of the Arizona Justice Project, said, “I think juries had the right to at least hear it to evaluate for themselves whether this goes to his credibility. ...Especially in these significant cases where people are now spending their lives in prison or sitting on death row." In 2015, The Federal Bureau of Investigation admitted that examiners from the agency's microscopic hair comparison unit had for decades provided flawed forensic testimony, including in at least 32 capital cases. A 2009 study, Invalid Forensic Science Testimony and Wrongful Convictions, found that flawed forensic analysis by prosecution witnesses was present in 60% of the trials of defendants who were later exonated by DNA testing.

Texas Prisoner Seeks Stay of Execution Based on Claims of Innocence, Discriminatory Jury Selection, Junk Science

Alleging wrongful prosecution, Texas death row prisoner Terry Edwards (pictured), who is scheduled for execution on January 26, is seeking a stay of execution and an opportunity to present new evidence that his case was tainted by racially-discriminatory jury selection, prosecutorial misconduct, and false and misleading forensic testimony. Edwards was prosecuted by Dallas County assistant district attorney Thomas D'Amore, who, the defense says, was lead prosecutor in at least three other cases in which defendants were exonerated after similar misconduct was disclosed. The Dallas DA's office fired D'Amore in 2006. Edwards, who had no prior history of violence, says that he was not the triggerman in a robbery-murder that prosecutors say he committed with his cousin, and that the prosecution presented false expert testimony to bolster its claim that he was the killer. The cousin—who has an extensive history of violent recidivism—was charged with both murders but then permitted to plead guilty to only robbery, and is now eligible for parole. A state forensic analyst initially testified that no gunshot residue was detected on Edwards' hands when they were tested immediately after the crime. She changed her testimony on cross-examination, stating that one of three chemical elements associated with gunshot residue was found on Edwards hands and that he could have sweated or wiped away the other two. A former FBI agent who later reviewed the case has called that explanation "scientifically unsupportable," explaining that the components of gunshot residue increase or decrease together, and that particles from gunshot residue contain at least two of the three elements that are tested, making it impossible to wipe away two of the elements without wiping away the third. D'Amore and the same state forensic analyst were involved in the 1995 trial of Richard Miles, who was exonerated in 2012 after his lawyers found similar flaws in the analyst's forensic testimony. Defense lawyers also contend that D'Amore withheld evidence that eyewitnesses saw Edwards’ cousin inside the restaurant at the time of the murders and fleeing out the front door. Citing evidence strikingly similar to that presented in the recent Supreme Court case Foster v. Chatman, Edwards' lawyers also argue that his conviction by an all-White jury was the unconstitutional product of racial discrimination.

Isaiah McCoy Exonerated from Delaware Death Row, the 157th Death Row Exoneration Since 1973

Isaiah McCoy (pictured), a former Delaware death row inmate, was exonerated on January 19, 2017, when a judge acquitted him at a retrial. He is the 157th person exonerated from death row in the United States, the first in 2017, and the first in Delaware. McCoy was convicted and sentenced to death in 2012, but the Delaware Supreme Court overturned his conviction in 2015 as a result of prosecutorial misconduct and ordered a new trial. The Court suspended Deputy Attorney General R. David Favata from practice because of his misconduct at McCoy's trial, which included belittling McCoy for choosing to represent himself, making intimidating comments during a break in proceedings, then lying to the judge about making the comments. McCoy waived his right to a jury for his retrial, leaving the decision in the hands of Kent County Superior Court Judge Robert B. Young. In acquitting McCoy, Judge Young noted that there was no physical evidence against him and that two alleged accomplices had given contradictory testimony. One of the accomplices, Deshaun White, received a sentence reduction for testifying against McCoy. Upon his release, McCoy said, "I just want to say to all those out there going through the same thing I'm going through 'keep faith, keep fighting. Two years ago, I was on death row. At 25, I was given a death sentence – and I am today alive and well and kicking and a free man." McCoy was the second former death row prisoner in a year to be released in Delaware after obtaining a new trial for prosecutorial misconduct. In May 2014, Jermaine Wright won a new trial after 21 years on death row when prosecutors and police withheld exculpatory evidence about possible alternate suspects in a case in which no forensic or eyewitness evidence had linked Wright to the crime. Wright was released in September 2016 after pleading no contest to lesser charges and being resentenced to time already served.

Alabama Faith Leaders Hold Panel on Death Penalty, Spotlight 'Rocky' Myers' Case of Possible Innocence

Inspired by the case of Robin "Rocky" Myers (pictured), an intellectually disabled and possibly innocent Alabama death row prisoner whom an elected state judge sentenced to death despite a 9-3 jury recommendation for life, a panel of faith leaders gathered in Montgomery, Alabama to discuss religious views on the death penalty and the intersection of faith and justice. Before the discussion began, the faith leaders and the audience viewed a screening of a new documentary on Myers' case describing why his lawyers believe he is innocent. The documentary explained that no forensic evidence links Myers to the crime and that the prosecution witness who identified him has since recanted his testimony. Myers' case also highlights other problems in the death penalty system. A neuropsychologist who evaluated Myers diagnosed him with intellectual disability, a condition that would make him ineligible for execution, but courts have not granted him relief. His disability hindered Myers' opportunities to have his appeals heard. His attorney abandoned him without notice, and Myers, who cannot read, did not know his appeal deadlines had expired until a fellow inmate read him a notification letter from the state. Finally, Myers' jury voted 9-3 that he should be sentenced to life, but—in a practice no state other than Alabama still allows— the trial judge overrode the jury's recommendation and sentenced Myers to death. After the film presented Myers' story, leaders from a variety of faith traditions led a discussion about justice and capital punishment. The multi-faith panel included representatives of Christianity, Judaism, and Islam and featured Rabbi Elliot Stevens, Sister Gilda Marie Bell, a Catholic nun of the Sisters of the Blessed Sacrament, and Aya Zaied, a youth leader for the East Montgomery Islamic Society. Zaied summarized Islamic views on the issue, saying, "If you claim Islam, … then justice is your responsibility. We try to teach that to our children really young so they understand if (someone is) hurting, then I’m hurting. We’re all in this together."

INTERNATIONAL: Human Rights Group, Reprieve Issues Report on Global Executions in 2016

Despite a sharp drop in executions, the United States ranked sixth among the world's executioners in 2016 behind only China, Iran, Saudi Arabia, Iraq, and Pakistan, according to a report by the British-based international human rights group, Reprieve. Maya Foa, a director of Reprieve, said "[i]t is alarming that countries with close links to the UK and [European Union] continue to occupy the ranks of the world's most prolific executioners in 2016." Questions of innocence, execution of juvenile offenders, and use of the death penalty for non-lethal drug offenses were among the top worldwide problems in the administration of the death penalty cited by Reprieve in the report. "[W]e have found children on death row, innocent people hanged, drugs offences dealt with as capital crimes, and torture used to extract false confessions," Foa said. "Countries that oppose executions must do more in 2017 to ensure that their overseas security assistance does not contribute to others states use of the death penalty.” Reprieve's analysis of global executions in 2016 found that China continues to carry out the most executions of any country, though the exact number is a state secret. Nearly half of the more than 500 prisoners executed in Iran were killed for committing drug offenses. In Saudi Arabia, those executed included juvenile offenders and political protestors. The ongoing armed conflict in Iraq made information on the country's executions difficult to obtain. Pakistan lifted a moratorium on executions in 2014, ostensibly in response to terrorism. But Reprieve found that 94% of those executed had nothing to do with terrorism. The Pakistan Supreme Court found in 2016 that two men who had been hanged were innocent. The Reprieve report also raised concerns about Egypt's high rate of death sentencing -- more than 1,800 people have been sentenced to death in that country in the last three years.

First-Degree Murder Charges Dropped Against Two Former Pennsylvania Death Row Prisoners With Innocence Claims

On December 22, Pennsylvania prosecutors dropped first-degree murder charges against two former Pennsylvania death row prisoners who have asserted their innocence for decades. In courtrooms 100 miles apart, Tyrone Moore and James Dennis entered no-contest pleas to charges of third-degree murder, avoiding retrials on the charges that had initially sent the men to death row and paving the way for their release. A Luzerne County judge sentenced Moore to 20 years and released him from prison for time served following his no contest plea. He had already served 34 years, 22 of them on death row for a murder during the course of a robbery at a veterinary office. A federal judge had granted Moore a new trial after he presented evidence of ineffective assistance of counsel, including his lawyer's failure to interview a co-defendant who testified in his own trial that Moore was not present at or involved in the robbery or killing. Before entering the plea, Moore reiterated that he is "wholeheartedly innocent" of the crime, and told the court, "I want to be home with my family." The victim's family supported the plea deal. In the second case, Dennis had spent 25 years on death row for the robbery and murder of a woman at a transportation terminal in Philadelphia. A federal judge overturned his conviction in 2013 as a result of multiple instances of prosecutorial misconduct, including suppressing evidence pointing to an alternate suspect who was a high school classmate of the victim and other evidence supporting Dennis' alibi. The court called the conviction "a grave miscarriage of justice," saying that Dennis had been convicted and sentenced to death "for a crime in all probability he did not commit." His attorney, Karl Schwartz, told the court, "James Dennis entered a no-contest plea, not a guilty plea, because he maintains the same position that he has maintained for 25 years: that he is innocent of this crime. He and his family have made this incredibly difficult decision based on his and their strong desire to have him home and free, [in] lieu of potentially years of continuing litigation." Dennis faces parole for an unrelated robbery conviction before he can be released.

Federal Jury Awards Illinois Death Row Exoneree $22 Million in Damages

A federal jury awarded $22 million in damages to Nathson Fields (pictured), who was wrongfully convicted of a gang-related murder and sentenced to death in 1986. Fields was exonerated in 2009. The jury found that two Chicago police detectives violated Fields' civil rights by hiding critical evidence that suggested he did not commit the crime of which he was convicted. For many years, the Chicago police department maintained a practice of keeping secret "street files" on potential suspects. That policy was officially terminated in 1983, after exposure by a whistleblower. The secret files were hidden in a storage basement where they would not be subject to subpoena. Despite the department's claims that it was no longer keeping such files, the jury found that at the time Fields was arrested and charged, the city had a pattern and practice of keeping the secret street files in homicide investigations even though it had officially disavowed the practice. Hundreds of street files were discovered in 2011, including one relating to Fields. Fields' file contained handwritten notes on alternate suspects and lineup cards that had been withheld from his attorneys at his trial. In addition to the $22 million award for which the city of Chicago is liable, the jury also assessed a total of $40,000 in punitive damages against Sgt. David O'Callaghan and Lt. Joseph Murphy personally, which the men may be required to pay themselves. At a press conference after the ruling, Fields described the despair he had felt during his time on death row, especially as he saw other prisoners taken to their executions. "I had times that I was under so much stress I didn't think I could take any more, so this day is very humbling, and I'm so happy," he said.

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