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Florida House Issues Apology for 1949 Lynchings and Wrongful Convictions

In 1949, Norma Padgett, a white 17-year-old, falsely accused four young black men in Groveland, Florida of kidnapping and raping her. Nearly 70 years later, the state of Florida is apologizing to the families of the "Groveland Four," two of whom were murdered and two of whom were wrongly sentenced to death. After the false accusations, enraged white residents of Lake County went on a violent rampage, shooting at and burning the homes of black residents. The Governor sought help from the National Guard to quell the violence. One of the falsely accused young men, Ernest Thomas, escaped from the county jail and was shot dead by an angry mob of 1,000 men led by Lake County sheriff Willis V. McCall. Thomas was shot 400 times. The three others who had been falsely accused were beaten into giving false confessions, then quickly tried and convicted by an all-white jury. The youngest, Charles Greenlee, who was only 16 years old, was sentenced to life in prison. Samuel Shepherd and Walter Irvin, both Army veterans, were sentenced to death. The U.S. Supreme Court reversed their convictions and ordered a new trial. During their transport from the county prison for court proceedings, Sheriff McCall claimed the pair tried to escape and shot both men, killing Shepherd. Irvin played dead, survived the shooting, and was again tried and sentenced to death. Irvin received a last-minute reprieve from execution and his sentence was commuted by the Governor. Greenlee and Irvin were both granted parole in the 1960s. Irvin died in 1970 and Greenlee in 2012. The Groveland Four, as the men came to be known, were finally given a formal apology from the Florida House of Representatives on April 19, 2017, nearly 70 years after they were first accused. Rep. Bobby DuBose (D-Fort Lauderdale), sponsored the bill and said, "This resolution, while seemingly minute, symbolizes the great state of Florida looking those families in the eyes — families, with children, who grew up not knowing their fathers but only knew their records. This resolution is us simply saying, ‘We’re sorry’ — understanding we will never know or make up for the pain we have caused." The resolution, which says the Groveland Four, “were the victims of gross injustices and that their abhorrent treatment by the criminal justice system is a shameful chapter in this state’s history,” and calls on Gov. Rick Scott to expedite posthumous pardons, passed the House unanimously. The Senate is expected to vote soon on its version of the bill.


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Arkansas Prisoners, Asserting Their Innocence, File Requests for DNA Testing

Two Arkansas death-row prisoners who are scheduled be executed on April 20 have asked the Arkansas courts to stay their executions to permit DNA testing in their cases. Stacey Johnson (pictured, l.) and Ledell Lee (pictured, r.) both say they did not commit the crimes for which they were sentenced to death, and both say that DNA testing methods not available at the time of their trials could prove their innocence. Stacey Johnson was convicted of the 1993 rape and murder of Carol Jean Heath. His conviction rested largely on testimony from the victim's 6-year-old daughter, but records obtained by the defense after the trial indicate that the girl told her therapist that she had not seen anything and was being pressured by her family to identify Johnson. Technology available at the time of Johnson's trial was not sensitive enough to provide DNA results from the sexual assault evidence collected from the victim's body, but newer methods may be able to rule out Johnson and even provide a match to an alternative suspect. At the trial, it was revealed that the victim's boyfriend had abused his former wife for four years, requiring her to obtain emergency custody of her children. It was also revealed that his abuse of his ex-wife included biting her breasts. Significantly, bite marks were identified on the victim’s breasts in Johnson's case. Bryce Benjet of the Innocence Project, which filed Johnson's request, said, "This is not some sort of last-minute, hail mary pass. Johnson asked for DNA testing in earlier appeals, but those requests were denied by State and federal courts. There have been revolutionary advancements in DNA testing since this case was initially investigated which could tell once and for all who actually committed this crime." In a separate filing, Ledell Lee sought new DNA testing of hair and blood evidence, neither of which provided conclusive results using 1995 techniques. Despite a bloody crime scene, no physical evidence directly implicated Lee in the murder. No fingerprint evidence from the scene matched Lee and no DNA evidence was presented to the jury. A state’s expert witness, however, testified at trial that he had found "Negroid head hair" at the scene and the state said there were small spots of blood on Lee's shoes. Lee's lawyers argue that "probative biological evidence currently in the custodian control of the state may now be able to provide—through the use of modern, cutting edge DNA testing technology—confirmation of the veracity of Mr. Lee’s innocence claim." Both defendants' requests have been denied by county judges, and have been appealed to the Arkansas Supreme Court. [UPDATE: The Arkansas Supreme Court issued a stay of execution for Stacey Johnson on the DNA issue, but denied Ledell Lee's motion for a stay. Arkansas executed Lee on April 20.]


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Rodricus Crawford Becomes 158th Death-Row Exoneree

Caddo Parish, Louisiana prosecutors formally dropped charges against Rodricus Crawford (pictured) on April 17, exonerating him in a controversial death penalty case that had attracted national attention amid evidence of race discrimination, prosecutorial excess, and actual innocence. He is the 158th person exonerated from death row in the United States since 1973. Crawford was convicted in 2012 and sentenced to death on charges he had murdered his one-year-old son. Crawford's appellate counsel, Cecilia Kappel, argued that the testimony underlying his conviction—the opinion of a local doctor who claimed the infant had been suffocated—was contradicted by autopsy results that showed pervasive bronchopneumonia in the baby's lungs and sepsis in his blood. After the trial, Kappel presented additional evidence from experts in the fields of pediatric pathology, pediatric neuropathology, and pediatric infectious disease that the child had died of natural causes. In a statement announcing that it was dropping the charges against Crawford, the Caddo Parish District Attorney's Office said, "New evidence presented after the trial raised questions about the degree of pneumonia together with bacteria in the child's blood indicative of sepsis are possibilities that require consideration. ...The death of a child is a tragedy under any circumstance for the victim, the family and the community as a whole, but this office is charged with the task to consider all of the evidence in a case and to bring a charge when the evidence can support it. For these reasons, the State has elected not to retry Rodricus Crawford." In November 2016, the Louisiana Supreme Court had ordered a new trial for Crawford because prosecutor Dale Cox had improperly removed jurors on the basis of race. Caddo has a documented pattern of racially biased jury selection, with a 2015 study finding that prosecutors struck black jurors at more than triple the rate of other jurors. Data from 22 felony trials prosecuted by Cox showed he had struck black jurors at a rate 2.7 times higher than other jurors. Cox attracted national criticism for questionable comments and practices and his perceived overzealous pursuit of the death penalty. He personally prosecuted 1/3 of all the cases in which Louisiana juries returned death sentences between 2010-2015, and wrote an internal memo on the Crawford case in 2014 stating that Crawford "deserves as much physical suffering as it is humanly possible to endure before he dies." In 2015, he told The Shreveport Times that he believed the state needs to "kill more people." Caddo Parish is among the 2% of U.S. counties responsible for a majority of death-row inmates, and had a death sentencing rate per homicide eight times higher than the rest of the state of Louisiana from 2006 to 2015. Ben Cohen, an attorney for Crawford, said, "This case has always been about injustice and the disproportionate use of the death penalty in Caddo Parish. In deciding not to retry Rodricus Crawford, the Caddo Parish District Attorney’s office is righting this injustice, restoring integrity to their office."


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With Looming Execution and Serious Innocence Concerns, Calls Mount for Virginia to Grant Clemency to Ivan Teleguz

Amid mounting concerns that Virginia may execute an innocent man on April 25, a diverse group of religious, political, and business leaders are calling on Virginia Governor Terry McAuliffe to grant clemency to Ivan Teleguz (pictured). Their pleas for clemency stress that Teleguz was convicted based upon highly unreliable testimony and sentenced to death based upon false testimony that he had been involved in a fabricated Pennsylvania murder that had, in fact, never occurred. Teleguz was convicted and sentenced to death on charges that he had hired Michael Hetrick to kill Stephanie Sipe, Teleguz's ex-girlfriend. But as a letter from more than two dozen prominent conservatives—including former Virginia Attorney General Mark Earley and former Republican Party of Virginia executive director Shaun Kenney—urging McAuliffe to spare Teleguz explains, the case against him "relied almost entirely on dubious testimony" from the confessed murderer and two other witnesses who "later admitted that they lied in court and swore under oath that Teleguz was not involved in Sipe’s murder." Hetrick, they write, "had incentive to lie, since he received a deal sparing him from the death penalty in exchange for his testimony against Teleguz." He is now serving a life sentence. The others "confessed to giving false testimony at trial because of threats from the prosecutor and promises she made to lessen the severity of their sentences." Teleguz's clemency petition is also supported by former Maryland Governor Robert Ehrlich, the Virginia Council of Churches, Virgin CEO Richard Branson, and more than 100,000 signers of a Change.org petition. The Richmond Times-Dispatch also urged McAuliffe to grant clemency, writing that "McAuliffe does not have to decide whether Teleguz is guilty or not. He merely has to decide whether new information casts doubt on the conviction." The paper wrote, "justice still will be served" by having Teleguz serve life in prison if he turns out to be guilty, but if the state executes an innocent man, "Virginia will have committed a great crime." The editorial concluded: "Given those two alternatives, the governor seems to face an easy choice." [UPDATE: On April 20, 2017, Virginia Governor Terry McAuliffe granted clemency to Ivan Teleguz.]


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Reports Find Record Number of Exonerations in 2016, Blacks More Likely to be Wrongfully Convicted

Companion reports released on March 7 by the National Registry of Exonerations found record numbers of exonerations and wrongful convictions involving official misconduct in 2016, and striking evidence of racial bias both in the wrongful convictions themselves and in the time it took the judicial process to exonerate the wrongfully incarcerated. The Registry's report, Exonerations in 2016, found a record 166 exonerations in 2016, with 54 defendants exonerated of homicide. A DPIC review of the Registry's data revealed that the death penalty played a role in nearly a quarter of the homicide exonerations. In at least six of the wrongful homicide convictions, prosecutors had sought the death penalty at trial; in another, an innocent defendant had pled guilty to avoid the death penalty; and at least six additional exonerations were the product of witnesses having falsely implicated innocent defendants after police had threatened the witness or a loved one with the death penalty unless the witness cooperated with the investigation. The Registry's companion report, Race and Wrongful Convictions in the United States, analyzes exonerations for murder, sexual assault, and drug crimes since 1989. The report found that black people are seven times more likely to be wrongfully convicted of murder than white people and that African Americans imprisoned for murder are more likely to be innocent if they were convicted of killing white victims. Police officers were more likely to have committed misconduct in the cases in which black defendants were exonerated of murder than in exonerations of white murder defendants. In addition, justice was delayed in exonerations of black murder defendants, who, on average, waited three years longer than whites before being released from prison. An analysis of the DPIC death-row exoneration database corroborates the National Registry's conclusions: 16 of the last 18 death-row exonerations had police or prosecutorial misconduct as their primary cause. 18 of the exonerees in the last 25 misconduct-related death-row exonerations are black. While 68.8% of wrongly convicted non-black death-row exonerees were exonerated in 10 years or less, it took the judicial system 11 years or more to exonerate 57.3% of the wrongly convicted black death-row exonerees. 84.6% of all cases in which exoneration took 26 years or more involved black defendants.


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Florida, Alabama Consider Legislation on Exoneree Compensation

As the Florida legislature considers a bill that would change Florida's "Clean Hands" policy, which denies compensation for wrongful convictions if the defendant had a prior felony record, Alabama lawmakers are deciding whether to grant compensation to Anthony Ray Hinton (pictured), who was exonerated in 2015 after spending nearly 30 years on death row. In Florida, death row exoneree Herman Lindsey told the Senate Criminal Justice Committee about his having been denied compensation because of prior unrelated felony convictions. He spoke about the difficulty he has faced finding housing or a job because the arrest for murder is still on his record. He said the "Clean Hands" Provision is, "basically saying, ‘we can take anybody that has a criminal record and say let’s falsely incarcerate him and when he found it wasn’t really him, we can actually put him out on the streets and we don’t actually even have to worry about it.’ I didn’t receive any apology. I didn’t receive any compensation.” The proposed bill would allow compensation for some exonerees who have prior nonviolent felony convictions. Sen. Jeff Brandes (R-St. Petersburg), a supporter of the bill, said, “If the state and the people of the state get it wrong, it shouldn’t matter what individuals have done in their past.” Lindsey said only four of Florida's 26 death-row exonerees have received compensation under the Clean Hands Act. “Now, perhaps, this might open the door for 10." Meanwhile, the Alabama Committee on Compensation for Wrongful Incarceration is considering an application to grant $1.5 million in compensation to Anthony Ray Hinton. The amount is based on the 30 years Hinton was wrongfully incarcerated. Two Assistant Attorneys General have written conflicting letters to the committee, with one stating, "I have found no information that indicates that Mr. Hinton's application is disqualified by any of the eligibility exceptions," while the other claims, "The fact that thirty years later different ballistic experts are unable to say conclusively that this gun fired the fatal shots, without the benefit of the original test fired projectiles used by the original examiners, is not evidence of innocence." Sen. Paul Bussman (R-Cullman) has introduced a bill to compensate Hinton $1.5 million, to be paid over a three-year period. He criticized the notion that a wrongly convicted person should be denied compensation when the state lacks evidence to convict, saying, "We can't convict someone in the court of public opinion. ... It has to be in a court of law."


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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.


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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.


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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.


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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.


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