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Vicente Benavides, Sentenced to Death by False Forensics, to Be Freed After 26 Years on Death Row

Mexican national Vicente Figueroa Benavides (pictured), wrongly convicted and sentenced to death in Kern County, California for supposedly raping, sodomizing, and murdering his girlfriend’s 21-month-old daughter, will soon be freed after nearly 26 years on death row. He will be the 162nd person and fifth foreign national exonerated from a U.S. death row since 1973. In a media advisory on April 17, 2018, Kern District Attorney Lisa Green announced on April 17, 2018 that her office would be dropping all charges against Benavides, one month after the California Supreme Court vacated the former farmworker’s convictions for sexually assaulting and murdering Consuelo Verdugo, which the court called a product of “extensive,” “pervasive,” “impactful,” and “false” forensic testimony. The girl, the court said, had never been sexually assaulted and may actually have died from being hit by a car. At trial, the prosecution presented testimony from forensic pathologist Dr. James Diblin, who told the jury that Consuelo had died from “blunt force penetrating injury of the anus” and claimed that many of her internal injuries were the result of rape. He further testified that arm injuries, other internal trauma, dilated pupils, and compression rib fractures she had sustained had been “caused by tight squeezing during a sexual assault.” During post-conviction proceedings, Benavides’s lawyers presented evidence from Dr. Astrid Heger, one of the country’s leading experts on child abuse, debunking Diblin’s false testimony. Dr. Heger described Diblin’s assertion that Consuelo’s injuries had been the product of sexual assault as “so unlikely to the point of being absurd. … No such mechanism of injury has ever been reported in any literature of child abuse or child assault.” Rather, she said, the internal injuries Consuelo sustained were commonly seen in victims of automobile accidents. Hospital records and witness statements obtained by Benavides’s appeal lawyers also undermined Diblin’s false testimony. Records showed that the examining physicians from Consuelo’s initial hospitalization had not seen any signs of bleeding when she was brought to the emergency room, and a nurse who helped treat Consuelo reported that neither she nor any of her colleagues had seen evidence of anal or vaginal trauma when the child arrived. Indeed, the court said, the medical records showed that the injuries to Consuelo’s genitalia and anus that Diblin had claimed were evidence of sexual assault were actually “attribut[able] to medical intervention,” including repeated failed efforts to insert a catheter and the improper use of an adult-sized catheter on the small child. Associate Justice Carol Corrigan—a former prosecutor—described the forensic testimony that Benavides had brutally raped and anally sodomized Consuelo as “among the most hair-raising false evidence that I’ve encountered in all the time that I’ve been looking at criminal cases.” On appeal, prosecutors admitted that the forensic evidence they used to convict Benavides was false, but asked the state court to sustain a conviction for second-degree murder. Even after agreeing on April 17, 2018 to drop all charges, District Attorney Green refused to concede that Benavides was innocent of murder. “[I]t doesn’t mean he’s innocent of the physical child abuse,” she said. “My decision not to retry the case is not the same as a finding of factual innocence[.] I'm not stating in any way that he’s factually innocent of the death of the child.” At least ten men and women have been exonerated from death rows across the United States after having been wrongly convicted for killing a child. In the cases of Rodricus Crawford and Sabrina Butler, the medical evidence also showed that no crime had occurred, but the defendants were convicted based on false forensic testimony. Benavides is the fourth person exonerated from California’s death row since 1980. A California prison spokesperson said he is expected the be freed “within a few days,” as soon as the Kern County court orders his release. [UPDATE: The court formally dismissed all charges against Mr. Benavides and he was released on April 19, 2018.]


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Former Prosecutors Say Intellectually Disabled Louisiana Man Entitled to New Trial After Exculpatory Evidence Withheld

Forty-four former state and federal prosecutors and Department of Justice officials—including former U.S. Attorney General Michael Mukasey—have asked the U.S. Supreme Court to grant a new trial to Corey Williams (pictured), saying that Caddo Parish, Louisiana prosecutors violated their duty to ensure that “justice shall be done” by withholding exculpatory evidence in a murder case that sent an intellectually disabled teenager to death row. Williams’s petition alleges that police and prosecutors knew that Williams had been framed by the actual killers, that police coerced him to falsely confess, and that the prosecution deliberately withheld witness statements given to police that could have helped Williams prove he had been framed. No physical evidence linked Williams to the 1998 robbery and murder of Jarvis Griffin, who was delivering a pizza to a Shreveport home. Several witnesses said they saw Gabriel Logan, Nathan Logan, and Chris Moore (nicknamed “Rapist”) steal money and pizza from Griffin, while the sixteen-year-old Williams was simply standing outside at the time. The victim’s blood was found on Gabriel Logan’s sweatshirt; Nathan Logan’s fingerprints were found on the empty clip of the murder weapon; and Moore was in possession of some of the proceeds of the robbery. Only Moore claimed to have seen Williams commit the killing. Williams, who had intellectual disability caused by severe lead poisoning from regularly eating dirt and paint chips as a young child and who as a teenager still repeatedly urinated himself, initially told police he had nothing to do with the killing. But after six hours of police interrogation, Williams confessed to the murder. After detectives presented the older men with Williams’s confession, their stories changed to corroborate it. At trial, Caddo Parish prosecutor Hugo Holland presented the confession and Moore’s testimony as evidence of WIlliams’s guilt. Then, having withheld from the defense police statements that implicated his witnesses in framing Williams, Holland ridiculed the defense claim that Williams had been framed, calling it “the biggest set of circumstances concerning a conspiracy since John Kennedy was killed in 1963.” The prosecutors’ amicus brief in support of Williams states that “[t]he prosecutor’s goal is not only to strive for a fair trial, but also to protect public safety by ensuring that innocent persons are not convicted while the guilty remain free.” It stresses that this is a case in which, “[h]ad the statements not been withheld, there is a reasonable probability that the verdict would have been different.” Ben Cohen, Williams’s longtime lawyer, said that “[w]hat the prosecutor and the police did is outrageous. They knew Williams was innocent and they just went forward anyway.... They don’t think his life matters.” Eleven men have been exonerated from Louisiana's death row since the 1970s, including the Caddo Parish exonerations of Glen Ford and Rodricus Crawford. All eleven cases involved police and/or prosecutorial misconduct. Holland himself has been implicated in withholding witness statements in another capital prosecution showing the defendant had not participated in the killing. Holland was forced to resign his position as an assistant district attorney for Caddo Parish in 2012 after he and another prosecutor were caught falsifying federal forms in an attempt to obtain a cache of M-16 rifles for themselves through a Pentagon program that offers surplus military gear to police departments. Williams was released from death row after the U.S. Supreme Court decided Atkins v. Virginia, barring the death penalty for persons with intellectual disability, and is currently serving a life sentence.


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After 22 Years, District Attorney’s Office to Examine Possible Innocence of Philadelphia Death-Row Prisoner

Twenty-two years after Walter Ogrod (pictured) was sentenced to death for a murder he insists he did not commit, a new Philadelphia District Attorney’s administration has dropped the office’s long-time opposition to Ogrod’s request for DNA testing and has referred the case for review by a revitalized Conviction Integrity Unit. As that review proceeds, an hour-long documentary on the case—aired April 8 as part of CNN’s Headline News Network series Death Row Stories—presents what Philadelphia Daily News columnist Will Bunch describes as “compelling evidence that the snitch testimony that the Philadelphia District Attorney’s Office used to convict Ogrod was fabricated” and that the confession the intellectually impaired man gave to Philadelphia police was coerced. Ogrod was sentenced to death in 1996 for the high-profile 1988 murder of 4-year-old Barbara Jean Horn, whose body was found discarded in a television box on a Northeast Philadelphia street. No physical evidence linked Ogrod to the murder, but four years after the murder, police questioned the 25-year-old truck driver—variously described as “slow,” possibly autistic, and lacking “common sense”—for 14 hours, telling him he was repressing memories of the murder. In the documentary, a friend of Ogrod’s recounts that Ogrod signed a confession after police told him that if he didn’t, he would have to wait for a lawyer in a holding area with other prisoners and “you know what they do to child molesters down there.” Author Tom Lowenstein, who investigated the case and wrote the 2017 book The Trials of Walter Ogrod, says in the documentary that the 16-page confession, hand written by the detective, “is a flowing monologue of thought and process and description that Walter Ogrod is not capable of…. He could not have given the confession.” Ogrod was tried twice for the murder. In 1993, the jury in his first trial appeared to have acquitted him, filling out “not guilty” on the verdict sheet. But as the verdict was being read, one juror said he had changed his mind, resulting in a mistrial. Following the mistrial, Ogrod was celled with John Hall, a notorious (and later discredited) jailhouse informant nicknamed “The Monsignor” for his proclivity in producing confessions. Hall’s widow, Phyllis Hall, explains in the documentary that Hall introduced Ogrod to another prisoner, Jay Wolchansky, and worked with police and prosecutors to feed Wolchansky information to implicate Ogrod in the murder. Wolchansky then testified against Ogrod in his second trial, claiming that Ogrod had confessed. Phyllis Hall says her husband “would get some of the truth and he would sit in his cell and make up stories—and he was darned good at it.” For years, Philadelphia's district attorneys—first Lynne Abraham, who oversaw Ogrod’s prosecution, and later her successor, Seth Williams—fought requests from Ogrod’s lawyers to test DNA evidence that might prove his innocence. While campaigning for District Attorney in 2017, Krasner told Bunch “it is clear that for decades the practice and policy of the District Attorney’s Office has been to win convictions at any cost, too often at the cost of justice itself.” When he took office in January 2018, Krasner rankled many entrenched prosecutors by emphasizing a reform agenda that included a willingness to take a look at questionably obtained past convictions. Krasner has not spoken about the specifics of the Ogrod case, but told Bunch, “Four-year-old Barbara Jean Horn was murdered. If the wrong person went to death row for it—and I specify that I am saying if—then the person who did murder her walked free.”


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BOOK: “Surviving Execution” Chronicles Miscarriages of Justice in the Richard Glossip Case

In his new book Surviving Execution: A Miscarriage of Justice and the Fight to End the Death Penalty, Sky News reporter Ian Woods tells the story of his relationship with condemned Oklahoma prisoner Richard Glossip, whose case gained prominence after the U.S. Supreme Court agreed to review his challenge to the state’s lethal-injection procedures. Although Glossip’s case is most frequently associated with the Supreme Court’s 2015 decision in Glossip v. Gross and Oklahoma’s dramatic, last-minute recission of his execution warrant when the state’s anonymous drug supplier delivered the wrong execution drug, Surviving Execution focuses more on Glossip’s conviction itself and the author’s belief that Oklahoma is attempting to execute an innocent man. Glossip, who has consistently maintained his innocence, was prosecuted and sentenced to death in Oklahoma County by a prosecuting administration riddled with misconduct in capital cases. The book chronicles the details of Glossip’s conviction, exposing the numerous holes Woods sees in the state’s case. Against the backdrop of multiple execution dates, Woods explains how he developed a friendship with Glossip, and in turn, witnessed the intensive ourpouring of support that Glossip gained as his execution date approached, including the high-profile involvement of Sister Helen Prejean, actress Susan Sarandon, and British businessman Richard Branson. Woods—whom Glossip asked to witness the execution—also discusses his personal struggle over whether to watch a man die at the hands of the state. Glossip's execution, originally scheduled for January 2015, was stayed while the Supreme Court reviewed his lethal-injection case. After his narrow 5-4 loss in that case, Oklahoma rescheduled his execution for September 2015. That execution date was stayed by the Oklahoma courts to consider Glossip's claim of innocence. Ultimately, the state court gave the go-ahead for the execution, and Glossip's execution was rescheduled for later in the month. However, that execution attempt was halted when the state failed to obtain the correct lethal-injection drug and all executions in Oklahoma were put on hold while the state reviewed its execution procedures. Woods’ book attempts to combine journalistic independence with his search for the truth and his conclusion that Glossip was not guilty of the murder of victim Barry Van Trease. In a Sky News podcast just before the aborted execution was to occur, Woods summarized Glossip’s case, saying, “There is no incontrovertible proof that Richard Glossip is guilty of murder. No forensic evidence, no eyewitness account, other than that of the killer, who saved his own skin by blaming Richard. The state of Oklahoma is going to kill him on Wednesday, so I’m not going to sit on the fence any longer. I'm telling you: I think that’s wrong.” In Surviving Execution, Woods explains why.


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Ohio Governor Commutes Death Sentence of William Montgomery

Ohio Governor John Kasich has commuted the death sentence of 52-year-old William Montgomery (pictured) to life without the possibility of parole. Montgomery was scheduled to be executed on April 11. The one-page proclamation granting clemency (pictured right, click to enlarge) did not specify the grounds for Kasich's action and was not accompanied by a news release or statement to the media. The order, issued March 26, stated simply, "after consideration of all relevant factors, I ... have concluded that a commutation of the death sentence of William T.  Montgomery is warranted." Faced with issues of prosecutorial misconduct and questionable forensic evidence, the Ohio Parole Board voted 6-4 on March 16, 2018 to recommend that Kasich grant executive clemency to Montgomery, who was convicted and sentence to death in 1986 for two murders he maintains he did not commit. Lucas County Prosecutor Julia Bates opposed Montgomery's clemency application. An Ohio federal district court, affirmed by a federal appeals court panel, overturned Montgomery's conviction in 2007 because prosecutors had suppressed evidence and witness statements that undermined the state's version of how the crime occurred, but the full U.S. Court of Appeals for the Sixth Circuit reinstated the conviction in 2009, with five judges dissenting. Montgomery's supporters argued to the parole board that there was too much doubt about his guilt to risk executing a potentially innocent man. Prosecutors in the case withheld from the defense evidence that multiple witnesses had seen Debra Ogle, one of the women Montomgery was found guilty of murdering, alive four days after the date prosecutors said Montgomery had killed her and left her body in the woods. An independent review of the autopsy report showed that Ogle's body likely had been discovered within hours of her death. Adding to the doubt in the case, Montgomery's co-defendant, Glover Heard, told police five different stories before settling on a version of events that fit the prosecution's theory, and instead of facing the death penalty, he was sentenced to a term of years with eligibility for parole. The clemency grant was the sixth time Kasich had commuted a death sentence to life without parole. It was the second time a governor commuted a death sentence in 2018. Texas Governor Greg Abbott commuted Thomas "Bart" Whitaker's sentence on February 22, less than an hour before he was scheduled to be executed. There have been 287 grants of clemency to death-row prisoners in the United States on humanitarian grounds since 1976. Ohio governors have granted clemency to death-row prisoners twenty times in that time period.


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Jury Notes Show Georgia Prosecutors Empaneled White Juries to Try Black Death-Penalty Defendants

New court filings argue that Columbus, Georgia prosecutors had a pattern and practice of systematically striking black prospective jurors because of their race, discriminatorily empanelling all- or nearly-all-white juries to try black defendants on trial for their lives in capital murder cases. In a supplemental motion seeking a new trial for Johnny Gates (pictured)—a black man sentenced to death by an all-white jury in 1977 for the rape and murder of a white woman—lawyers from the Southern Center for Human Rights and the Georgia Innocence Project presented evidence from seven capital trials involving his trial prosecutors, showing that they carefully tracked the race of jurors, struck every black juror they could, and repeatedly wrote derogatory comments about blacks and black prospective jurors. “Race discrimination undermines the credibility and reliability of the justice system,” said Patrick Mulvaney, managing attorney for capital litigation at the Southern Center. “Mr. Gates is entitled to a new trial that is fair and free of race discrimination.” Jury selection notes from the seven cases contain “W”s next to the name of each white juror and “N”s next to the names of the black jurors, and variously describe black jurors as “slow,” “old + ignorant,” “cocky,” “con artist,” “hostile,” and “fat.” They say one white male would be “a top juror” because he “has to deal with 150 to 200 of these people that works for his construction co.” Prosecutors also kept racial tallies of the empaneled jurors, with twelve marks in the white column and none in the black column. In Gates' case, prosecutors rated jurors on a scale of 1 to 5, with 5 being the most favored, and ranked every black juror a “1.” The only white juror ranked a “1” had said he was opposed to the death penalty. The Muscogee County District Attorney’s Office’s office repeatedly refused to disclose the jury notes to Gates’s lawyers until the trial court issued an order in February directing them to do so. The notes were never disclosed to the defendants in the other cases, three of whom—Jerome Bowden, Joseph Mulligan, and William Hance—Georgia has already executed. Gates was prosecuted by Douglas Pullen and William Smith. Pullen prosecuted five capital trials involving black defendants between 1975 and 1979, striking all 27 black prospective jurors and successfully empaneling five all-white juries. A decade later, he prosecuted Timothy Foster, another black defendant sentenced to death by all-white Columbus jury for strangling an elderly white woman. Foster's lawyers subsequently discovered jury selection notes that documented similar discriminatory practices in his case, and in May 2016, the U.S. Supreme Court vacated Foster’s conviction saying that “the focus on race in the prosecution’s file plainly demonstrates a concerted effort to keep black prospective jurors off the jury.” Gates’s second prosecutor, Smith, was one of the prosecutors in four capital trials of black defendants between 1975 and 1979. In three of those case, prosecutors struck all of the black prospective jurors. In the fourth, Gates’s motion says, prosecutors struck ten black prospective jurors, but could not empanel an an all-white jury “because the final pool of prospective jurors had more black citizens than the prosecution had strikes.” Gates was taken off death row in 2003 because of intellectual disability. He is also challenging his conviction on grounds of innocence and arguing that prosecutors withheld exculpatory evidence in the case. Blood found at the scene was a different blood type than both Gates and the victim and DNA testing of implements used to restrain the victim did not match Gates. After interrogation by police, Gates gave a taped confession that was inconsistent with the physical evidence. A different confession, given earlier by a white man caught fondling the victim’s body in the funeral home, more accurately described the crime scene. The next court hearing in the case is scheduled for May 7.


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Ohio Parole Board Recommends Clemency for Death-Row Prisoner William Montgomery

Faced with doubts about prosecutorial misconduct and the accuracy of forensic evidence, the Ohio Parole Board has recommended that Governor John Kasich grant executive clemency to William T. Montgomery (pictured), scheduled to be executed on April 11. Montgomery was convicted and sentence to death in 1986 for two murders he has long maintained he did not commit. An Ohio federal district court, affirmed by a federal appeals court panel, overturned his conviction in 2007 because prosecutors had suppressed evidence and witness statements that undermined its version of how the crime occurred, but with five judges dissenting, the full U.S. Court of Appeals for the Sixth Circuit reinstated the conviction. Montgomery's supporters argued to the parole board that there was too much doubt about his guilt to risk executing a potentially innocent man. Prosecutors argued at trial that Montgomery murdered Debra Ogle and then killed her roommate, Cynthia Tincher to prevent her from testifying against him, then dumped Ms. Ogle's body in the woods where it was not discovered for four days. However, prosecutors withheld from the defense evidence that multiple witnesses had seen Ms. Ogle alive four days after she supposedly had been killed and an independent review of the autopsy report showed that Ms. Ogle's body likely had been discovered within hours of her death. The report noted that a body left in the woods for four days in above-freezing temperatures would have shown signs of decomposition, insect infestation, and animal predation, none of which were present, and the body's state of lividity indicated death had occurred within twelve hours of its discovery. Adding to the doubt in the case, Montgomery's co-defendant, Glover Heard told police five different stories before settling on a version of events that fit the prosecution's theory and, instead of facing the death penalty, was sentenced to a term of years with eligibility for parole. Montgomery’s lawyers also presented the parole board with affidavits that undermined its confidence in the jury verdict, including one from a juror who was confused as to what the law required, another from a juror who had doubts about Montgomery’s guilt, and a third juror whose psychiatric behavior raised questions about her ability to serve. The Board majority cited both the State’s failure to disclose the witness reports that Ms. Ogle was alive after the State claimed she had been killed and the jurors’ affidavits as reasons for recommending commutation. Four Board members opposed commutation, arguing that the information presented was insufficient to overturn the jury verdict and finding no “manifest injustice” in the case that they believed warranted clemency. In an op-ed in the Toledo Blade, Phyllis Crocker, Dean of the University of Detroit Mercy School of Law and a former member of the Ohio Supreme Court Joint Task on the Administration of Ohio’s Death Penalty, wrote: "At best, Montgomery was convicted on a false set of facts and at worst, he may be actually innocent. In death penalty cases there must be no doubt whatsoever. There is too much doubt to allow this execution." Montgomery's lawyer, Jon Oebker, reiterated that his client's assertion of innocence and said the defense plans to "explore every avenue we can." Governor Kasich must issue a decision on the pardons board's recommendation before the April 11 execution date.


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California Supreme Court Grants New Trial to Man Sent to Death Row 25 Years Ago by False Forensic Evidence

The California Supreme Court has vacated the conviction of Vicente Figueroa Benavides (pictured), saying that the forensic evidence that sent the former Mexican farmworker to death row 25 years ago was “extensive,” “pervasive,” “impactful,” and “false.” Benavides, now 68, was sentenced to death in 1993 after being found guilty of brutally murdering Consuelo Verdugo, his girlfriend’s 21-month-old toddler, by raping and anally sodomizing her. However, the court said, medical evidence showed that the girl was never raped or sodomized and may not have been murdered at all. Instead, she may have died from complications from having been struck by a car. Benavides—whose lawyers have argued is developmentally disabled and possesses the mental ability of a 7-year-old—told the police and jury during the trial that he lost track of the toddler while he was preparing dinner on November 17, 1991 and he found her outdoors, vomiting. Consuelo’s mother took her to a local medical center that evening, where her condition worsened. After surgery and two hospital transfers, the child died a week later. At trial, forensic pathologist Dr. James Diblin testified that the toddler had died from “blunt force penetrating injury of the anus” and claimed that the major internal injuries she suffered were the result of rape. He further testified that arm injuries, internal trauma, dilated pupils, and compression rib fractures that Consuelo sustained had been “caused by tight squeezing during a sexual assault.” Dr. Jess Diamond, who evaluated the toddler at Kern Medical Center, also initially testified that the baby had been raped. However, medical records obtained by Benavides’s post-conviction lawyers showed that the examining physicians had not seen any signs of bleeding when Consuelo was brought to the hospital, and a nurse who helped treat the toddler said that neither she nor any of her colleagues saw evidence of anal or vaginal trauma when the child arrived. Instead, the court said, the injuries to Consuelo’s genitalia and anus were “attribut[able] to medical intervention,” including repeated failed efforts to insert a catheter and the improper use of an adult-sized catheter on the small child. “After reviewing the medical records and photographs that I should have been provided in 1993,” Dr. Diamond withdrew his assessment that Consuelo had been raped. “I am convinced that this case presents a tremendous failing of the criminal justice system," he said. The defense also presented evidence from Dr. Astrid Heger, one of the country’s leading experts on child abuse, who described Dr. Didbin’s assertion that Consuelo’s injuries had been the product of sexual assault as “so unlikely to the point of being absurd. … No such mechanism of injury has ever been reported in any literature of child abuse or child assault.” She said the internal injuries the child sustained were commonly seen in victims of automobile accidents. During oral argument, Associate Justice Carol Corrigan, a former prosecutor, described Dibdin's testimony as being “among the most hair-raising false evidence that I’ve encountered in all the time that I’ve been looking at criminal cases." Chief Justice Tani Cantil-Sakauye compared the sexual assault allegations to “a bomb dropped on the jury” that prevented the jurors from considering the evidence that the toddler may have been hit by a car. Prosecutors admitted that the forensic evidence they used to convict Benavides was false, but asked the state court to sustain a conviction for second-degree murder. With its key evidence discredited, Kern County District Attorney Lisa Green said it was improbable that prosecutors would attempt to retry Benavides. If the charges are dismissed, Benavides would be the fourth California death-row prisoner to be exonerated since the state brought back the death penalty in 1974.


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Georgia Prisoner Seeks Clemency with New Evidence of Possible Innocence

Carlton Gary, a Georgia death-row prisoner scheduled for execution on March 15, is asking the Georgia Board of Pardons and Paroles to grant him clemency on the basis of new and withheld evidence that undercuts the prosecution testimony against him and suggests he did not commit the crimes for which he was sentenced to death. Gary was convicted of raping and killing three women in the 1970s, in what prosecutors have claimed was part of a string of nine burglaries and rapes committed by a single perpetrator. Gary’s lawyers argue that new evidence that was either unavailable or undisclosed at the time of his trial raises enough doubt about his guilt that he should not be executed. In his clemency petition, his lawyers write: “We are not talking about questionable recanting witnesses who came forward long after trial, but hard physical evidence of innocence.” Bodily fluid testing performed on semen from two of the crime scenes likely excludes Gary, but conclusive DNA testing couldn’t be performed because the samples were contaminated while in the possession of the Georgia Bureau of Investigation crime lab. In some of the most damning evidence prosecutors presented at trial, the survivor of one of the attacks identified Gary as her assailant. However, DNA testing later performed on evidence from her attack excluded Gary as the perpetrator and police withheld an initial report from that rape victim in which she told officers that she had been asleep and her bedroom had been dark at the time of the attack, and she could not identify or describe her attacker. Shoeprint evidence from the scene was also withheld from Gary’s defense team until 20 years after his trial. The size 10 print found at one of the crime scenes could not have been left by Gary, who wears size 13½ shoes. Prosecutors also claimed that Gary had confessed to participating in the crimes, but not to raping or murdering the victims. However, police neither recorded nor contemporaneously documented his alleged statement, which his lawyers say “fits all the recognized hallmarks of a false confession that never happened.”


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Global Study Highlights Systemic Risks of Wrongful Capital Convictions

“In 2016, at least 60 prisoners were exonerated after having been condemned to death, in countries across the geographical and political spectrum,” according to a new report on wrongful capital convictions by the Cornell Center on the Death Penalty Worldwide. The report, Justice Denied: A Global Study of Wrongful Death Row Convictions, analyzes risk factors for executing the innocent that are endemic in death penalty cases irrespective of where they are tried, and makes recommendations for systemic reform. The sixty exonerations in just one year “represent[ ] only a tiny fraction of those who are currently on death row for a crime they did not commit,” the report says. “Few innocent prisoners are able to obtain access to the courts, either because they lack lawyers or because there are no procedural mechanisms available by which they can present new evidence of innocence.” The study illustrates systemic risk factors for wrongful convictions that are present wherever capital punishment is practiced, highlighting cases from Cameroon, Indonesia, Jordan, Malawi, Nigeria, and Pakistan. According to the report, these factors include ineffective assistance of legal counsel, torture and coercion, misconduct by officials, racial and ethnic discrimination, false or misleading forensic evidence, and mistaken eyewitness identification. It recommends, among other reforms, that states provide adequate funding and training for capital defense lawyers, provide meaningful access to appellate review, allow for post-conviction DNA testing, record all police interrogations, and provide compensation to those who are exonerated. The Center chose the six countries whose systems it highlighted “not because their legal systems are uniquely flawed, or because they contribute a greater number of wrongful convictions compared to their peers,” the report says, but “because they represent a diversity of geographic regions and legal systems.” While the risk factors for wrongful capital convictions play out differently from country to country, the experience of each country illustrates the gap between the legal protections afforded on paper to those facing the death penalty and the manner in which those safeguards are implemented in practice. The report concludes: “Every country that retains the death penalty—from the poorest to the most wealthy—runs the risk that innocent persons will be executed. No criminal justice system is perfect, and the risk of error can never be entirely eliminated. The only way to completely exclude the possibility of executing the innocent is to abolish the death penalty altogether.”


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