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<title>Innocence Blog</title>
<description>Innocence Blog</description>
<link>http://www.innocenceproject.org/news/Blog.php</link>
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<title>Experts Question More Massachusetts Arson Convictions</title>
<pubDate>Wed, 08 Sep 2010 17:49:00 EST</pubDate>
<description><![CDATA[Controversy over wrongful convictions based on flawed arson science has spread to Massachusetts, with several cases across the state called into doubt by leading arson scientists. <br /><br />In one such case, arson expert John Lentini told the Boston Globe that a 2006 conviction was based on methods that had been outdated for years. Lentini is one of the experts who found that <a href="/willingham">Cameron Todd Willingham</a> was executed in Texas in 2004 based on faulty evidence. Willingham's case has sparked a national debate over flawed arson science, and the Innocence Project has called on states to review convictions based on outdated arson investigations.<br /><br />The first set of arson standards was published in 1991 by the National Fire Protection Association but wasn't widely acknowledged until a decade later. <a href="http://www.boston.com/news/local/massachusetts/articles/2010/09/08/scientists_challenge_massachusetts_arson_convictions/?page=full">A Boston Globe investigation published today</a> shows that after new arson investigation standards came into use, the number of structure fires ruled arson fell by 70 percent while the total number of fires remained constant.<br />Barry Scheck, Co-Director of the Innocence Project told the Globe that states have an ethical obligation to examine convictions that took place before the adoption of the national investigative standards.<br /><br /> But Massachusetts State Fire Marshal Stephen D. Coan disagrees and has no intention of reviewing old cases, saying the decline in arson findings shows that arson has been prevented in the state.<br />
<blockquote>"It sends a strong message: Massachusetts is not the place you want to engage in a crime of arson,'' he said last month in an interview. "We're always open for ways to improve, but I think we really set the benchmark for the way fire investigations should and can be conducted.'' <br /></blockquote>
Recently, Arizona, Nebraska and Oklahoma passed <a href="http://www.innocenceproject.org/Content/With_Forum_Tonight_in_DC_and_Resolutions_in_Several_States_Momentum_Builds_for_Basing_Arson_Analysis_on_Solid_Science.php" target="_self">resolutions</a> urging the review of questionable arson convictions, but no such legislation has been filed in Massachusetts. <br /> <a href="http://www.boston.com/news/local/massachusetts/articles/2010/09/08/scientists_challenge_massachusetts_arson_convictions/?page=full"><br />Read today's Globe article here</a>.<br />]]></description>
<link>http://www.innocenceproject.org/Content/2730.php</link>
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<title>Barry Scheck Talks DNA Testing, Wrongful Convictions, Criminal Justice System with Big Think</title>
<pubDate>Tue, 07 Sep 2010 17:20:00 EST</pubDate>
<description><![CDATA[Last month, Innocence Project Co-Director Barry Scheck was interviewed by global forum Big Think about the advancement of DNA testing and how it assists overturning wrongful convictions.  Scheck also discussed how the Innocence Project selects its cases, the unreliability of eyewitness identification and flaws that are plaguing the criminal justice system.<br /><br />In the interview, Scheck discusses the relevance of DNA testing to both forensic science and the criminal justice system, and the impact it has had on the public's perception of wrongful convictions.<br /><br />
<blockquote>What happened since the Innocence Project really went into business in 1992 is really a movement, a civil rights movement, an innocence movement that is really transformed the way that the criminal justice system looks at error and looks at the interrelationship of science and results.  And the one thing we know, because of post-conviction DNA tests is that there are far more innocent people than anybody ever really believed. <br />...<br />We who work within the criminal justice system where the life and liberty of the people are at stake have to have some humility.  That's really what these DNA exonerations are teaching us.</blockquote>
<br />Watch below as Scheck discusses reforms sparked by exonerations, and <a href="http://bigthink.com/barryscheck">watch the full 30-minute interview here</a>.<br /><br />
<script src="http://video.bigthink.com/player.js?embedCode=Jhb3RvMTqzvw0flnIq66firle1sXe1-u&amp;deepLinkEmbedCode=Jhb3RvMTqzvw0flnIq66firle1sXe1-u"></script><br />]]></description>
<link>http://www.innocenceproject.org/Content/2728.php</link>
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<title>Reducing Wrongful Convictions in Texas</title>
<pubDate>Tue, 07 Sep 2010 17:27:00 EST</pubDate>
<description><![CDATA[More people have been freed through DNA testing in Texas than in any other state in the country, and these exonerations have revealed deep flaws in the state's criminal justice system. Thirty-five of the 41 DNA exonerations in Texas involved eyewitness misidentifications.<br /><br />In an op-ed Saturday in the Houston Chronicle, Texas Senator Rodney Ellis and Innocence Project of Texas Policy Director Cory Session  outlined the steps needed to improve the justice system in order to protect the innocent and called on the state's political leaders to provide justice. <br /><br />Sen. Ellis is the Innocence Project's Board of Directors Chairman, and Session is the brother of Tim Cole, a Texas man who was posthumously pardoned a decade after he died in prison when DNA evidence proved his innocence.<br />While the work of the <a href="http://www.courts.state.tx.us/tfid/tcap.asp" target="_blank">Timothy Cole Advisory Panel</a> represents a significant step forward for criminal justice reform in  Texas, Ellis and Session write that reforms are still needed, including  improving  eyewitness identification procedures, mandatory electronic  recording of custodial interrogations and access to post-conviction DNA  testing. They also call for the formation of a "fully functioning" Texas  Forensic Science Commission.<br /><br />
<blockquote>Now the ball is  in the Legislature's court. We call on the Legislature and the next  governor to make the reliability and integrity of our criminal justice  system a top priority in the coming session - fairness and justice  shouldn't be partisan issues.</blockquote>
<br /><a href="http://www.chron.com/disp/story.mpl/editorial/outlook/7186859.html" target="_blank">Read the full editorial</a>.<br /><br /><a href="http://www.innocenceproject.org/know/Search-Profiles.php?check=check&amp;title=&amp;yearConviction=&amp;yearExoneration=&amp;jurisdiction=TX&amp;cause=&amp;perpetrator=&amp;compensation=&amp;conviction=&amp;x=25&amp;y=6" target="_self">Learn more about DNA exonerations in Texas</a>.]]></description>
<link>http://www.innocenceproject.org/Content/2729.php</link>
<guid>http://www.innocenceproject.org/Content/2729.php</guid>
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<title>Friday Roundup: Bad Lawyering, Police Misconduct and a Look at Police Interrogations</title>
<pubDate>Fri, 03 Sep 2010 10:43:00 EST</pubDate>
<description><![CDATA[Last week, <a href="http://lubbockonline.com/local-news/2010-08-28/federal-judge-overturns-death-sentence-98-murder" target="_blank">a federal judge overturned a Texas death row inmate's murder conviction</a>, citing ineffective assistance of trial counsel and error by the trial court.<br /><br />The Indianapolis Star reported on Tuesday that <a href="http://www.indystar.com/article/20100831/NEWS14/8290405/-1/LOCAL1802/Unacceptable-number-of-IMPD-officers-punished-for-misconduct" target="_blank">27 Indianapolis Metropolitan Police Department officers have been arrested, investigated, demoted, reassigned or disciplined in the past two years</a>, pointing to a major problem with police misconduct.<br /><br />ABC's new "Primetime Crime" series, which premiered on Tuesday, <a href="http://abcnews.go.com/Primetime/video/primetime-crime-083110-11530191" target="_blank">will give viewers an inside look at police interrogation, including techniques that garner confessions from suspects</a>.   <br /><br />On Monday night, <a href="http://www.spin.com/articles/eddie-vedder-johnny-depp-join-patti-smith" target="_blank">Eddie Vedder, Johnny Depp and Patti Smith joined other musicians in Little Rock, Arkansas for a concert to benefit the West Memphis 3</a>, the three men convicted of killing three children in West Memphis, Arkansas in 1993, despite evidence to the contrary.<br /><br /><a href="http://www.ctlawtribune.com/getarticle.aspx?ID=38111" target="_blank">Connecticut Supreme Court Justices have implied that the state may finally be ready to amend the way law enforcement handles eyewitness identification</a>.<br /><br /><br />]]></description>
<link>http://www.innocenceproject.org/Content/2727.php</link>
<guid>http://www.innocenceproject.org/Content/2727.php</guid>
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<title>“A Plea for Justice”</title>
<pubDate>Thu, 02 Sep 2010 15:36:00 EST</pubDate>
<description><![CDATA[It was a decade after Timothy Cole died in prison before he was finally exonerated. <br /><br />A new book, entitled <a href="http://www.amazon.com/Plea-Justice-Timothy-Cole-Story/dp/1935632043" target="_blank">"A Plea for Justice: The Timothy Cole Story,"</a> by Fred B. McKinley, tells the story of Cole's wrongful conviction and the first posthumous pardon in Texas history. Cole was sentenced to  25 years for rape more than two decades ago and died in prison in 1999, at the age of 39.  Last year, DNA testing proved his innocence, and he was posthumously pardoned on March 1.  <br /><br />In the book, McKinley, a retired criminal investigator with the Attorney General's office in Louisiana, details how the young Army veteran was wrongfully convicted based on eyewitness misidentification from the victim and unvalidated forensic science from the Texas Department of Public Safety.<br /><br />It also reveals the long and difficult road of post-conviction appeals up to Cole's exoneration and eventual pardon 25 years later.<br /><br />The foreword is written by Jeff Blackburn, chief counsel of the <a href="http://www.innocenceprojectoftexas.org/" target="_blank">Innocence Project of Texas</a>. <br /><br /><a href="http://www.amazon.com/Plea-Justice-Timothy-Cole-Story/dp/1935632043" target="_blank">Buy the book here</a> and <a href="http://www.innocenceproject.org/Content/1959.php" target="_self">read about Cole's case</a>. <br /><br /><br /><br /><br />]]></description>
<link>http://www.innocenceproject.org/Content/2726.php</link>
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<title>Governor Removes Ohio Man From Death Row, Reduces Sentence (Updated)</title>
<pubDate>Thu, 02 Sep 2010 16:07:00 EST</pubDate>
<description><![CDATA[[Updated 9/2/10 at 4:07 p.m.: This afternoon Ohio Governor Strickland commuted the death sentence of Kevin Keith, who was convicted of shooting and killing three people in an Ohio apartment in 1994.  In a statement issued today, Gov. Strickland said:  <br /><br />
<blockquote>"Despite the evidence supporting his guilt and the substantial legal review of Mr. Keith's conviction, many legitimate questions have been raised regarding the evidence in support of the conviction and the investigation which led to it. In particular, Mr. Keith's conviction relied upon the linking of certain eyewitness testimony with certain forensic evidence about which important questions have been raised. I also find the absence of a full investigation of other credible suspects troubling.<br />...<br />Clearly, the careful exercise of a governor's executive clemency authority is appropriate in a case like this one, given the real and unanswered questions surrounding the murders for which Mr. Keith was convicted. Mr. Keith still has appellate legal proceedings pending which, in theory, could ultimately result in his conviction being overturned altogether."<br /></blockquote>
<br /><a href="http://www.lancastereaglegazette.com/article/20100902/UPDATES01/100902011" target="_blank">Read the full statement from Gov. Strickland as it appears in the Lancaster Eagle Gazette here</a>.]<br /><br />Two weeks shy of Kevin Keith's scheduled execution, Ohio Governor Ted  Strickland, today, removed him from death row and reduced his sentence  to life without parole despite the parole board's 8-0 vote to execute  him.<br /><br /><a href="http://innocencenetwork.org/" target="_blank">The Innocence Network</a> was among a diverse coalition of organizations and individuals who  called on Strickland to grant clemency in the case.  Last month,  Innocence Network President Keith Findley wrote a letter to Strickland  pointing to strong evidence of Keith's innocence and over 10,000 people  signed a petition urging the governor and parole board for a reprieve. <br /><br />Keith  was convicted of shooting and killing three people in an Ohio apartment  in 1994. He was convicted based in part on questionable eyewitness  identification evidence, and key details were never shared with defense  attorneys. <br /><br />Gov. Strickland's decision helped save the life of a man who may very well be innocent.]]></description>
<link>http://www.innocenceproject.org/Content/2725.php</link>
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<title>The Growing Call for Reform in North Carolina</title>
<pubDate>Tue, 31 Aug 2010 17:53:00 EST</pubDate>
<description><![CDATA[A group of exonerees, scholars, crime victims and defense lawyers spoke out yesterday in North Carolina, calling for sweeping changes to the state's justice system in the wake of recent scandals at the state crime lab. <br /><br />And a leading state prosecutor joined them in calling for a moratorium on the execution of anyone whose case involved evidence from the State Bureau of Investigation crime lab, which has come under fire following recent audits and investigative reports. The cases of <a href="http://www.reflector.com/state/nc-da-death-penalty-moratorium-ok-some-cases-46286" target="_blank">four death row prisoners</a> were included in a group of 190 cases pinpointed for review by a recent audit of the lab.<br /><br />"Personally, I do feel like from a justice standpoint, we need to make sure the issues are resolved in the SBI crime lab," N.C. Conference of District Attorneys President Seth Edwards said yesterday. "I just feel like the public right now is skeptical."<br />The advocates for the wrongfully convicted have filed a  friend-of-the-court brief on behalf of death row prisoner Melvin Lee  White, who says he was convicted of a crime he didn't commit based on  flawed tests conducted by the SBI.<br />
<blockquote>...Mark Rabil, co-director of the Wake Forest University School of Law's  Innocence &amp; Justice Clinic...said the SBI has tried for years to  "dupe" the public with lab results that do not meet scientific standard  set for forensics.<br /><br /> "Truth is transparent," Rabil said. "We now know that just because your  wear a badge and carry a gun doesn't mean you tell the truth."<br /><br /><a href="http://www.newsobserver.com/2010/08/31/656032/put-off-some-executions-da-agrees.html#ixzz0yDO4w100" target="_blank"> Read the full story here</a>.<br /></blockquote>
Read more about North Carolina's crime lab scandals in the Charlotte  News &amp; Observer's recent investigative report: <a href="http://www.newsobserver.com/agents_secrets/" target="_blank">The Agents' Secrets</a>.<br />]]></description>
<link>http://www.innocenceproject.org/Content/2723.php</link>
<guid>http://www.innocenceproject.org/Content/2723.php</guid>
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<title>Fighting Police Misconduct in New Orleans</title>
<pubDate>Mon, 30 Aug 2010 17:19:00 EST</pubDate>
<description><![CDATA[<p class="MsoNormal"><span>According to an editorial in the New Orleans Times Picayune, the New Orleans Police Department has allowed officers who have lied on the job or filed false police reports to get away with it in the past. But, a new standard that will take effect this week makes any NOPD member at risk for immediate dismissal if caught withholding the truth or covering up evidence.</span></p>
<p class="MsoNormal"><span>While it should go without saying that a cover-up or concealing evidence is grounds for being fired, the New Orleans Police Superintendent Ronal Serpas made a point to announce the new rule. </span></p><br /><blockquote>
<p class="MsoNormal"><span>"If you lie, you die," Superintendent Serpas said in announcing the new standard. "If you tell this Police Department a lie about anything, you will be terminated." </span></p>
</blockquote>
<p class="MsoNormal"><span>The new rule is part of a larger strategy announced by Serpas and New Orleans to repair the city's police department. Department-wide reviews by the U.S. Justice Department and an audit of questionable crime statistics are also part of the plan.</span></p>
<p class="MsoNormal"><span>While most law enforcement officers and prosecutors are honest and trustworthy, the possibility for corruption exists. Even if one officer of every thousand is dishonest, wrongful convictions will continue to occur. The police misconduct in the NOPD taints the reputation of their honest colleagues.</span></p>
<p class="MsoNormal"><span><a href="http://www.nola.com/katrina/index.ssf/2010/08/steps_to_reform_new_orleans_po.html" target="_blank">Read the full op-ed here</a>.</span><span><br /> </span></p>
<p class="MsoNormal"><span><a href=" http://www.innocenceproject.org/understand/Government-Misconduct.php" target="_self">Learn how government misconduct can lead to wrongful convictions here</a>.</span><a href="https://innproex.innocenceproject.org/exchweb/bin/redir.asp?URL=http://www.innocenceproject.org/understand/Government-Misconduct.php" target="_blank"></a></p>]]></description>
<link>http://www.innocenceproject.org/Content/2722.php</link>
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<title>Friday Roundup: Prosecutorial Misconduct and Junk Science</title>
<pubDate>Fri, 27 Aug 2010 14:31:00 EST</pubDate>
<description><![CDATA[A group of former federal prosecutors is <a href="http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202471042286&amp;src=EMC-Email&amp;et=editorial&amp;bu=National%20Law%20Journal&amp;pt=Supreme%20Court%20Insider&amp;cn=20100825SCI&amp;kw=Courtside%3A%20Clement%20lines%20up%20ex-prosecutors%2C%20seeks%20argument%20time%20in%20misconduct%20case&amp;slreturn=1&amp;hbxlogin=1" target="_blank">asking the Supreme Court for time to argue</a> on behalf of a Louisiana man in a case to support his right to hold cities liable for causing wrongful convictions through a failure to properly train prosecutors. The case, <a href="http://www.scotuswiki.com/index.php?title=Connick_v._Thompson" target="_blank"><em>Connick v. Thompson</em></a>, will be heard Oct. 6.<br /><br />A California assistant medical examiner testified before a grand jury on Monday that she was <a href="http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/25/BAKN1F2LON.DTL" target="_blank">51 percent sure </a>that a car crash victim died of blunt force injuries but that there was a 49 percent likelihood he died of a heart problem resulting from hardened arteries and an enlarged heart; prosecutors are now seeking a second opinion from the Chief Medical Examiner. <br /><br />A Texas man convicted of murder based on unreliable forensics is <a href="http://www.texasobserver.org/cover-story/a-bloody-injustice" target="_blank">seeking a new hearing</a>.<br /><br />Harris County, Texas, which has been plagued by wrongful convictions, <a href="http://www.chron.com/disp/story.mpl/chronicle/7171031.html" target="_blank">will receive more than $4 million</a> to create a much-needed public defender office that aims to improve representation of indigent defendants.<br />The beleaguered North Carolina state crime lab continued to face new accusations of misconduct and faulty testing as officials <a href="http://www.newsobserver.com/2010/08/20/637852/sbi-searches-for-new-crime-lab.html" target="_blank">searched for a new crime lab director</a>.<br /> <br /> The Task Force on Indigent Defense in Texas voted on Wednesday to <a href="http://standdown.typepad.com/weblog/2010/08/timothy-cole-panel-on-wrongful-convictions-issues-report.html" target="_blank">send a report</a> by the Timothy Cole Panel on Wrongful Convictions Issues detailing recommendations to prevent wrongful convictions to the Governor, legislative leaders, and the Texas Judicial Council.<br /> <br /> Following news that Los Angeles and other cities had backlogs of thousands of untested rape kits, California lawmakers <a href="http://articles.latimes.com/2010/aug/22/local/la-me-dna-tests-20100822" target="_blank">passed a bill</a> requiring law enforcement agencies to keep detailed records of biological evidence collected in sexual assault cases.<br /> <br /> DNA evidence cleared men suspected of sexual assaults in <a href="http://www.adn.com/2010/08/27/1427096/dna-evidence-clears-sexual-assault.html" target="_blank">Alaska</a> and <a href="http://articles.sfgate.com/2010-08-20/bay-area/22227183_1_dna-evidence-sexual-assault-dna-analysis" target="_blank">California</a>.<br /> <br /> Hat tip to <a href="http://standdown.typepad.com/" target="_blank">Stand Down Texas</a> for pointing us to several stories this week.]]></description>
<link>http://www.innocenceproject.org/Content/2721.php</link>
<guid>http://www.innocenceproject.org/Content/2721.php</guid>
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<title>New Evidence, Testimony Points to Wisconsin Man's Innocence</title>
<pubDate>Thu, 26 Aug 2010 14:30:00 EST</pubDate>
<description><![CDATA[On Tuesday, the Wisconsin Court of Appeals granted a new trial for a Wisconsin man who was convicted in 1996 of an armed robbery and attempted murder that another man has confessed to committing. Cody Vandenberg will get a new trial in order to present new evidence about the other man's confession and the unreliability of the eyewitness who identified him.<br /><br />Vandenberg was convicted of repeatedly stabbing an acquaintance, Blake Renard, in his home and stealing his credit cards. He was sentenced to 80 years in prison.  <br /><br />Defense lawyers say another man, Larry Pearson, who testified for the state at Vandenberg's trial after receiving immunity, has confessed to committing the crime. Pearson's bloody shoeprint was also found at the crime scene.<br /><br />Additional evidence casts doubt on the reliability of the victim's eyewitness identification of Vandenberg. It was known at trial that Renard was drinking the night of the crime, but the level of intoxication was never disclosed. Tuesday's ruling revealed that based on hospital records from that evening, Renard had a blood-alcohol level of 0.22 percent, nearly three times the legal driving limit. <br /><br />John Pray, Vandenberg's lawyer and co-founder of the Wisconsin Innocence Project, who accepted Vanderberg's case in 1999, told the Greenbay Press-Gazette that his client was misidentified by the victim, who said he knew his attacker.<br /><blockquote>"When you're drunk and you're being stabbed by someone at 4 a.m. within an inch of your life, it's pretty understandable he can't remember the details," he said. "No one is blaming the victim in this case. He was trying to make an identification under difficult circumstances."<br /></blockquote>
In light of the new evidence and confession, Pray hopes the state's attorney will agree to drop the charges against Vandenberg, allowing him to be freed after 14 years in prison.<br /> <br /> Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing.<br /> <br /> <a href="http://www.greenbaypressgazette.com/article/20100825/GPG0101/8250600/Vandenberg-to-get-new-trial-in-95-attempted-murder " target="_blank">Read the full story here</a>.<br /> <a href="http://www.innocenceproject.org/understand/Eyewitness-Misidentification.php " target="_blank"><br /> Read about eyewitness misidentification here</a>. <br />]]></description>
<link>http://www.innocenceproject.org/Content/2718.php</link>
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<title>A Decade Later, Wrongful Conviction Still Haunts Herman Atkins</title>
<pubDate>Thu, 26 Aug 2010 17:50:00 EST</pubDate>
<description><![CDATA[Innocence Project Herman Atkins was wrongfully convicted of rape in Los Angeles, California in 1988 and exonerated by DNA evidence twelve years later, in 2000. A cover story today in L.A. Weekly touches base with Atkins a decade after his exoneration, and finds him helping his fellow exonerees adjust to their newfound freedom.<br /><br />Atkins was misidentified by a rape victim as the perpetrator despite having an alibi for the night of the crime. In the years following his release, he has taken comfort collecting receipts with timestamps and making sure he's filmed by surveillance cameras in order to document his whereabouts, should he ever need an alibi again. <br /><br />Atkins' case was accepted by the Innocence Project in 1993 and six years later the court finally granted access to the evidence for DNA testing. Testing conducted on three separate areas of the victim's sweater revealed a profile that didn't match her or Atkins.  <br /><br />While Atkins was in prison, steering clear of trouble, he missed out on precious time with his family, including three children. Instead of leaving prison bitter and apathetic, however, he left motivated to learn and enrolled in college.<br />Atkins said the exonerated face countless challenges after they're freed, and he felt a calling to help.Two years ago, Atkins and his wife founded <a href="http://www.exonereelife.org">Life Intervention for Exonerees</a>, a nonprofit that presents recent exonerees with welcome-back baskets that include a $250 gift card for that allows them to make purchases immediately following their release from prison.<br /><br />"You have guys who refuse to take another step, in hopes of society giving back to them every day that they had took. ... These guys [needed] help," Atkins says. "If someone was going to give it to them, it had to be me."<br /><br />In the years following Atkins' exoneration, he has returned to the courtroom to lobby for criminal justice reforms and at 44 years-old he will begin law school at California Western School of Law in San Diego in January. <br /><br /> <a href="http://www.laweekly.com/2010-08-26/news/forever-scared-ten-years-after-winning-his-freedom-herman-atkins-still-fears-that-he-will-again-be-convicted-of-a-crime-he-did-not-commit/" target="_blank">Read the full story here</a>.<br /><br />Watch a new Innocence Project video with Atkins talking about life after exoneration below.<br /><br /> 
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<a href="http://www.innocenceproject.org/Content/50.php">Read more about Atkins' case</a>.<br />]]></description>
<link>http://www.innocenceproject.org/Content/2720.php</link>
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<title>New Report: Prosecutorial Misconduct and Wrongful Convictions</title>
<pubDate>Wed, 25 Aug 2010 14:16:00 EST</pubDate>
<description><![CDATA[Prosecutorial misconduct is a leading cause of wrongful conviction, and <a href="http://www.innocenceproject.org/docs/Innocence_Project_Pros_Misconduct.pdf" target="_blank">a new Innocence Project report</a> released today provides evidence that appeals courts in the U.S. do not effectively identify and overturn these injustices. <br /><br />Although countless instances of misconduct never come to light, the Innocence Project review found that 65 of the first 255 DNA exonerees raised allegations of prosecutorial misconduct in their appeals or in civil suits filed after exoneration. In about half of those cases, courts found either error or misconduct by prosecutors, but judges only found "harmful error" - enough to overturn a conviction - in 12 cases. <br /><br />The rate of harmful error findings (18%) in wrongful conviction cases is nearly identical to the rate found in a much broader universe of cases examined in <a href="http://projects.publicintegrity.org/pm/" target="_blank">a 2003 study by the Center for Public Integrity</a>. These cases weren't innocence cases (meaning they hadn't been overturned based on evidence of innocence), but the courts found harmful error by prosecutors in 17.6% of cases. <br /><br />Based on this result, the new Innocence Project report finds that "innocent persons raising claims of misconduct on appeal are not much more likely to find relief than presumed guilty persons raising similar claims-a suggestion that raises questions about the ability of the appellate process to correct wrongful convictions."<br />Among the findings in the new Innocence Project report are:<br />
<blockquote>- Sixty-five of the first 255 DNA exoneration cases involved appeals and/or civil lawsuits alleging prosecutorial misconduct.<br /> <br />- In nearly half of those 65 cases, courts found prosecutorial misconduct or error.<br /> <br />- In 18% of the prosecutorial misconduct claims in wrongful conviction  cases, courts overturned convictions or found harmful error - a rate  nearly identical to harmful error findings in a larger study of  misconduct allegations, including thousands of cases where defendants  did not claim innocence. <br /> <br />- Improper argument at trial and withheld evidence of innocence were the  forms of misconduct alleged most commonly by wrongfully convicted  defendants.<br /></blockquote>
<a href="http://www.innocenceproject.org/docs/Innocence_Project_Pros_Misconduct.pdf" target="_blank">Read the full report here</a>. (PDF)<br />]]></description>
<link>http://www.innocenceproject.org/Content/2717.php</link>
<guid>http://www.innocenceproject.org/Content/2717.php</guid>
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<title>Troy Davis' Innocence Claim is Denied</title>
<pubDate>Tue, 24 Aug 2010 17:40:00 EST</pubDate>
<description><![CDATA[In June, the U.S. Supreme Court gave Georgia death row prisoner Troy Davis a rare chance to clear his name from a murder conviction in an evidentiary hearing. Today, however, a federal judge said Davis failed to prove his innocence, and Davis now faces execution for killing an off-duty police officer in 1989, according to CNN.  <br />
<blockquote>"Mr. Davis vastly overstates the value of his evidence of innocence. ... Some of the evidence is not credible and would be disregarded by a reasonable juror. ... Other evidence that Mr. Davis brought forward is too general to provide anything more than smoke and mirrors," the court found.<br /></blockquote>
Davis, who was convicted in 1991, has maintained his innocence for the past two decades.<br /><br />Davis was convicted based in large part on testimony from eyewitnesses who said he shot the policeman twice before fleeing the scene. In the years following his conviction, seven of the nine eyewitnesses have since recanted their testimony. During Davis' previous appeal, the Innocence Network <a href="http://www.innocencenetwork.org/docs/Innocence_Project_&amp;_Network_Davis.pdf" target="_blank">filed a friend-of-the-court brief in the 11th Circuit U.S. Court of Appeals</a>, highlighting the role of eyewitness misidentification in more than three-quarters of wrongful convictions overturned through DNA testing.<br /><br />Davis' sister told CNN that she and the lawyers were still reading the court's decision and was unsure of the next steps in Troy's defense strategy. They have the option to appeal to the 11th Circuit U.S. Court of Appeals and if that fails, to the Supreme Court again.<br /><br /><a href="http://www.cnn.com/2010/CRIME/08/24/georgia.death.row.denial/" target="_blank">Read the full story here</a>.<br /><br />]]></description>
<link>http://www.innocenceproject.org/Content/2716.php</link>
<guid>http://www.innocenceproject.org/Content/2716.php</guid>
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<title>Louisiana Man Proves His Innocence But Remains Behind Bars</title>
<pubDate>Mon, 23 Aug 2010 16:30:00 EST</pubDate>
<description><![CDATA[Recent blood tests have confirmed that a Louisiana man serving life behind bars for a 1988 rape and armed robbery is actually innocent. Innocence Project client Booker Diggins, who was convicted of the crimes, has been behind bars for 22 years for a crime he didn't commit.<br /><br />Diggins was convicted based on the eyewitness testimony of the victim, who picked him out of a photo line-up as the man who raped her. Prosecutors knew that semen was recovered from the rape kit, but never shared this information with defense attorneys, so Diggins' blood typed was never tested, and therefore compared to the semen from the perpetrator.<br /><br />More than two decades after the conviction, Diggins managed to purchase a copy of his case file for $209, where he discovered that the biological evidence had been withheld. DNA testing can't be conducted because the evidence has been missing since Hurricane Katrina, but the Innocence Project filed an appeal earlier this month seeking a hearing on the blood-type evidence.<br /> <br /> "This is bulletproof scientific evidence that he is not the guy," said attorney Barry Scheck. "He wasn't the rapist and they could have known that in 1988." <br /> <br /> <a href="http://www.nola.com/crime/index.ssf/2010/08/lifer_at_angola_unearths_dna_e.html" target="_blank">Read more in today's Times-Picayune article</a>. <br /> <a href="http://www.innocenceproject.org/docs/Booker_Diggins_Motion_to_Vacate_with_Exhibits.pdf" target="_blank"><br /> Download the Innocence Project's motion on Diggins' behalf</a>.]]></description>
<link>http://www.innocenceproject.org/Content/2715.php</link>
<guid>http://www.innocenceproject.org/Content/2715.php</guid>
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<title>Governor Is Last Hope for Ohio Death Row Prisoner</title>
<pubDate>Fri, 20 Aug 2010 13:24:00 EST</pubDate>
<description><![CDATA[The Ohio Parole Board announced yesterday that it has voted 8-0 against recommending clemency for death row prisoner Kevin Keith, who is scheduled to be executed September 15 for a triple murder he says he didn't commit.<br /><br />The parole board's <a href="http://www.drc.ohio.gov/Public/clemency_keithaug2010.pdf" target="_blank">recommendation</a> is non-binding - Gov. Ted Strickland has the final decision on whether Keith will be executed. Strickland has said he finds the facts of Keith's case "troubling." <br /><br />The Innocence Network has joined with several key experts and officials along with other legal groups and thousands of Americans in calling on Gov. Strickland to commute Keith's execution based on strong evidence of Keith's innocence. Keith was convicted based in large part on questionable eyewitness identifications -- the leading factor of wrongful convictions overturned through DNA testing.<br /><br />In <a href="http://www.innocencenetwork.org/docs/080310_Kevin_Keith_Innocence_Network.pdf" target="_blank">a letter to Strickland</a> and the parole board earlier this month, Innocence Network President Keith Findley wrote: "We believe the newly discovered evidence, which was withheld by the state at the time of (Keith's) trial, provides compelling evidence of his innocence."<br /><br /><a href="http://criminaljustice.change.org/petitions/view/tell_governor_strickland_grant_clemency_to_kevin_keith">Join Keith's supporters in urging Strickland to grant clemency based on the substantial doubts about his guilt. </a><br /><br />For a roundup of press coverage of the parole board decision, visit <a href="http://standdown.typepad.com/weblog/2010/08/ohio-parole-board-recommends-no-clemency-for-kevin-keith.html" target="_blank">Stand Down Texas</a>.]]></description>
<link>http://www.innocenceproject.org/Content/2713.php</link>
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<title>Friday Roundup: Forensics and Interrogations</title>
<pubDate>Fri, 20 Aug 2010 13:45:00 EST</pubDate>
<description><![CDATA[A state review of the arson science behind the Texas execution of Cameron Todd Willingham continues to draw headlines in Texas. The Austin Chronicle <a href="http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid:1070995" target="_blank">reported this week</a> on <a href="http://www.innocenceproject.org/docs/081010_Bassett_Ltr_to_TFSC.pdf" target="_blank">a letter from former Texas Forensic Science Commission chairman Sam Bassett</a> urging the commission to conduct its analysis of the case in public. The Innocence Project also <a href="http://www.innocenceproject.org/docs/Willis_Willingham_letter_082010.pdf" target="_blank">sent a letter to the commission today</a> reviewing the role of outdated forensics in Willingham's conviction.<br /><br />Innocence Project Senior Staff Attorney Vanessa Potkin spoke with CBS News yesterday about <a href="http://wdef.com/news/crime_lab_problems/08/2010" target="_blank">troubles at the North Carolina crime lab</a>. A recent review of the lab found that analysts falsely reported blood evidence in dozens of cases, including three that ended in executions. <br /><br />Marie Claire's current issue reports on <a href="http://www.marieclaire.com/sex-love/rise-in-untested-rape-kits" target="_blank">untested rape kits</a> and the dangers of perpetrators not being apprehended as a result.<br /><br />A California man who was accused of raping a fellow hospital patient in June was <a href="http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/19/BADM1F0HIL.DTL" target="_blank">cleared by DNA evidence yesterday</a>.<br /> <br />An attorney defending a Pennsylvania man who was convicted of a double homicide in 1986 said that trial exhibits assumed missing <a href="http://www.pittsburghlive.com/x/pittsburghtrib/news/westmoreland/s_695460.html" target="_blank">show that his client was wrongly convicted</a>.<br /> <br />A Michigan bill that would <a href="http://www.freep.com/article/20100812/NEWS06/8120471/Bill-requiring-cops-to-record-interrogations-stirs-debate" target="_blank">require police to record interrogations</a> of suspects in serious felony cases was passed by the House on July 1 but still needs approval from the Senate.<br /> <br />]]></description>
<link>http://www.innocenceproject.org/Content/2714.php</link>
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<title>Recent Exoneree Works to Help the Wrongfully Convicted</title>
<pubDate>Thu, 19 Aug 2010 17:53:00 EST</pubDate>
<description><![CDATA[Michael Anthony Green has only been free three weeks, but he's already at work. <br /><br />After spending 27 years in prison for a crime DNA tests show he didn't commit, Green was freed on July 30. Yesterday, he started working with attorney Bob Wicoff, a member of the Innocence Project of Texas' Board of Directors, and the attorney who helped free him from prison.<br /><br />Green, who wants to become a paralegal to help the wrongfully convicted, was hired by Wicoff to write briefs and interview inmates. Wicoff told the Houston Chronicle that Green's own wrongful conviction will be an advantage when talking with inmates claiming innocence. <br />
<blockquote>"Mike could really change the world," Wicoff said of his new employee. "He's in a position to be instrumental in making all sorts of important changes in Austin, with new legislation. His case could be an example of the changes we need to make."<br /></blockquote>
He could receive more than $2 million in state compensation if his exoneration becomes official, but he said he will continue to work with Wicoff.<br />
<blockquote>"I love the law, and I want to try to get some of the other fellows out," the 45-year-old said.<br /></blockquote>
<a href="http://www.chron.com/disp/story.mpl/metropolitan/7159231.html" target="_blank">Read the full story here</a>.<br />]]></description>
<link>http://www.innocenceproject.org/Content/2712.php</link>
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<title>It’s OK to Be Wrong</title>
<pubDate>Wed, 18 Aug 2010 15:13:00 EST</pubDate>
<description><![CDATA[An interview with Innocence Project Co-Director Peter Neufeld today at Slate.com explores the causes of wrongful convictions and the reluctance of some police and prosecutors to admit errors. Neufeld tells interviewer Kathryn Schulz:<br />
<blockquote>If a prosecutor or a detective is totally unable to admit they're wrong in one case, what that tells you is that they will be making dozens and dozens more erroneous decisions, because they're not allowing new information to affect their views.... I think generally speaking it's difficult for people to admit they're wrong, and the higher the stakes, the more difficult it becomes. So what you really want to do is educate people that it's OK to be wrong. It doesn't mean you're a fool. It's not going to be the end of your life.<br /></blockquote>
<a href="http://www.slate.com/blogs/blogs/thewrongstuff/" target="_blank">Read the full Q&amp;A here</a>.<br /><br />]]></description>
<link>http://www.innocenceproject.org/Content/2709.php</link>
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<title>Report Finds Serious Flaws in NC Crime Labs</title>
<pubDate>Tue, 17 Aug 2010 15:35:00 EST</pubDate>
<description><![CDATA[<a href="http://www.newsobserver.com/agents_secrets/" target="_blank">A new investigative series in the Raleigh News &amp; Observer</a> reveals a troubling pattern of forensic error and misconduct in North Carolina's state crime lab. The four-part series highlights biased and unscientific work at the State Bureau of Investigation, and officials have responded by calling for sweeping changes. <br /><br />According to the News &amp; Observer, SBI agents distorted the rules to yield the desired test results of the prosecution more than a dozen times when the truth threatened to undermine their cases.<br />
<blockquote>"The documented policies and practices of our state lab support the long-held concern that North Carolina's lab is the prosecution's lab, not the justice system's lab," said Christine Mumma, executive director of the N.C. Center on Actual Innocence, which works to free wrongly convicted prisoners. "Public confidence, judicial confidence and the lives of innocent citizens have been destroyed. It is past time for change."<br /></blockquote>
North Carolina is among 38 states whose crime labs are controlled by a law enforcement agency where tests aren't administered in an independent scientific setting. A 2009 report on forensics from the National Academy of Sciences finds that law enforcement labs are often not the most scientific environments. <br /><br />"The best science is conducted in a scientific setting as opposed to a law enforcement setting," said the NAS report to Congress. "Forensic science serves more than just law enforcement; and when it does serve law enforcement, it must be equally available to law enforcement officers, prosecutors and defendants in the criminal justice system."<br /><br />The News &amp; Observer series also found that SBI agents have concealed  test results and ignored key evidence of innocence. As a result,  defense attorneys in North Carolina often hire their own experts to  examine evidence.<br /> <a href="http://www.newsobserver.com/2010/08/15/629703/leaders-calling-for-sbi-cleanup.html#ixzz0wtI6waBg" target="_blank"><br />Since the series was published</a>, Attorney General Roy Cooper removed the  SBI director, hired an outside auditor and suspended all bloodstain  pattern analysis work. A state legislator is calling for the creation of  an independent crime lab. <br /><br />
<blockquote>"Everybody ought to understand that this is something that needs to be  fixed," said State Rep. Mickey Michaux, a Durham Democrat who heads the  powerful budget committee.<br /></blockquote>
To date, <a href="http://www.innocenceproject.org/know/Search-Profiles.php?check=check&amp;title=&amp;yearConviction=&amp;yearExoneration=&amp;jurisdiction=NC&amp;cause=&amp;perpetrator=&amp;compensation=&amp;conviction=&amp;x=31&amp;y=1">seven people</a> have been exonerated in North Carolina through post-conviction DNA testing.<br /> <br /><a href="http://www.newsobserver.com/agents_secrets/" target="_blank">Read the four-part series here</a>. <br /> <br /><a href="http://www.innocenceproject.org/fix/Crime-Lab-Oversight.php">Read the Innocence Project's recommendations for forensic oversight and independent forensic labs</a>.]]></description>
<link>http://www.innocenceproject.org/Content/2708.php</link>
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<title>Rhode Island Panel Will Review Eyewitness Procedures </title>
<pubDate>Mon, 16 Aug 2010 15:55:00 EST</pubDate>
<description><![CDATA[<div>A group of Rhode Island law enforcement officials and defense lawyers began work last week on drafting a set of guidelines for eyewitness identification procedures statewide.<br /> <br /></div>
<div>The Providence Journal reports that the group held its first meeting Thursday and must submit a report to the governor, the chief justice of the state Supreme Court and legislative leaders recommending new eyewitness </div>
<div>identification guidelines for policies and procedures by January 11, 2011.</div>
<div><br /> At least seven people have been wrongfully convicted in Rhode Island based on misidentifications and later cleared, according to a review conducted in 2008 by the Rhode Island Office of the Public Defender. <span style="white-space: pre;"> </span></div><br />The task force will hold biweekly meetings and will evaluate the way photo and live lineups are conducted and the importance of having a police officer with no connection to a case administer all lineups. The Innocence Project will provide research and input to the board during this research process.  Professors who specialize in misidentification and memory and law enforcement officials from areas that have already have improved eyewitness identification procedures will also lend support to the task force.  <br /><br />Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing. <br /><br /><a href="http://www.projo.com/news/content/ID_TASK_FORCE_08-16-10_6GJHSVD_v9.20ed406.html" target="_blank">Read the full story here</a>.  <br /><br /><a href="http://www.innocenceproject.org/fix/Eyewitness-Identification.php">Learn about eyewitness identification here</a>. ]]></description>
<link>http://www.innocenceproject.org/Content/2707.php</link>
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<title>Friday Roundup: Combating Wrongful Convictions</title>
<pubDate>Fri, 13 Aug 2010 14:43:00 EST</pubDate>
<description><![CDATA[A Texas man who was recently released after DNA proved his innocence in a 1983 rape <a href="http://www.nytimes.com/2010/08/13/us/13exonerate.html?_r=1" target="_blank">must decide whether to accept a $2.2 million compensation payment from the State or file a civil lawsuit</a>.<br /><br />Timothy Cole Advisory Panel on Wrongful Convictions <a href="http://www.star-telegram.com/2010/08/12/2401569/timothy-cole-advisory-panel-on.html" target="_blank">recommends statewide criminal justice improvements in Texas</a>. <br /><br />New York's District Attorney Association combats wrongful convictions by <a href="http://www.lohud.com/article/20100813/OPINION/8130309/1076/OPINION01/Prosecutors%20in%20NYS%20strive%20to%20prevent%20wrongful%20convictions" target="_blank">improving knowledge and technology in the criminal justice system</a><br /><br />A Virginia man who spent seven years in prison for a 1979 rape he said he did not commit <a href="http://hamptonroads.com/2010/08/dna-clears-man-convicted-1979-newport-news-rape?cid=ltst" target="_blank">may be cleared by DNA evidence</a>.<br /><br />Ohio exoneree anxious for basketball season <a href="http://sports.yahoo.com/nba/news?slug=ea-towlersports081010" target="_blank">after spending nearly three decades in prison for a crime he did not commit</a>.<br />]]></description>
<link>http://www.innocenceproject.org/Content/2706.php</link>
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<title>30 Years Later, DNA Tests Prove Virginia Man Innocent</title>
<pubDate>Thu, 12 Aug 2010 14:20:00 EST</pubDate>
<description><![CDATA[For nearly three decades, Calvin Wayne Cunningham sought forensic tests to prove his innocence of the 1979 rape for which he was convicted. Even before DNA profiling was ever used to identify individuals, Cunningham saw forensics as his potential salvation.<br /><br />"If I were able to afford to have my semen analyze with the semen that the doctors suppose to have gotten from the victim, I know it would prove my innocents," Cunningham wrote to a judge in 1982. "The way technology is today it should be able to be done. Don't you think?"<br /><br />This year, he finally got his wish -- DNA tests on evidence from the rape prove his innocence and implicate another unknown man as the perpetrator, according to the Mid-Atlantic Innocence Project, which represents Cunningham. <br />DNA tests were conducted in Cunningham's case as part of Virginia's ongoing Old Case Testing Project -- an initiative launched in 2006 by former Gov. Mark Warner to examine evidence from convictions between 1973 and 1988 for possible signs of innocence.<br />The Mid-Atlantic Innocence Project and pro bono lawyers at Wilmer Cutler Pickering Hale and Dorr LLP <a href="http://www2.timesdispatch.com/news/2010/aug/12/inno12-ar-422823/" target="_blank">have filed a writ of actual innocence on Cunningham's behalf</a>. Prosecutors haven't responded to the writ yet. Cunningham is currently incarcerated on unrelated nonviolent crimes and is scheduled to remain behind bars until 2012 even if he is exonerated of the rape.<br /><a href="http://www.exonerate.org/2010/375/" target="_blank"><br />Read more at the Mid-Atlantic Innocence Project's blog</a>.<br />]]></description>
<link>http://www.innocenceproject.org/Content/2704.php</link>
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<title>Death Row Prisoner Appeals Arson Conviction</title>
<pubDate>Thu, 12 Aug 2010 14:50:00 EST</pubDate>
<description><![CDATA[A Pennsylvania man sent to death row based on questionable arson evidence is seeking a new hearing based on expert findings that the fire may have been accidental.<br /><br />Daniel Dougherty was sentenced to death in 2000 for allegedly setting the blaze in that killed his children. Dougherty has always maintained his innocence and says he is a victim of flawed arson science.<br /><br />Reviews of evidence in Dougherty's case have turned up similarities to the case of Cameron Todd Willingham, a Texas man who was convicted of murder in 1992 after his three young daughters died in a fire at his home. Willingham was executed in 2004 despite evidence available at the time that the science used to convict him was invalid. <br /><br />According to CNN, two arson investigators who re-examined the evidence from Dougherty's case reported that they didn't find any conclusive indicators of arson.  Dougherty's original lawyer never introduced expert testimony in his 2000 trial and has since admitted to never seeking assistance from independent fire investigators.<br /><blockquote>"We have an innocent man on death row who has been languishing there, and there is absolutely no evidence that a crime occurred," said his [new] attorney, David Fryman. "We've been trying our best to right that wrong."<br /></blockquote>
Across the country, people are convicted of arson based on outdated science that has been discredited for years.   As a result of advancements in the field, lawyers and investigators are now questioning previous arson convictions. <br /> <br /> Dougherty filed a petition for post-conviction relief in 2006 and hopes the arson experts' reports will help the Pennsylvania Supreme Court decide to hear his case.  There is no execution date set.<br /> <br /><a href="http://www.cnn.com/2010/CRIME/08/12/pennsylvania.arson.dougherty.case/index.html?iref=allsearc" target="_blank">Read the full story here</a>.<br /> <br /> <a href="http://www.innocenceproject.org/willingham">Learn more about Cameron Todd Willingham here</a>. <br />]]></description>
<link>http://www.innocenceproject.org/Content/2705.php</link>
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<title>Execution Date Nears for Ohio Man, Despite Evidence of Innocence</title>
<pubDate>Tue, 10 Aug 2010 14:58:00 EST</pubDate>
<description><![CDATA[The Ohio Parole Board will hold a hearing tomorrow in the case of Kevin Keith, who is scheduled to be executed September 15 despite strong evidence of his innocence.  <br /><br />After the parole board makes its recommendation, Gov. Ted Strickland will have the final say on whether Keith is executed. Strickland said last week that the case "has circumstances that I find troubling."<br /><br />The Innocence Network is among a diverse coalition of organizations and individuals calling on Strickland to grant clemency in the case. In <a href="http://www.innocencenetwork.org/docs/080310_Kevin_Keith_Innocence_Network.pdf" target="_blank">a letter last week to Strickland</a>, Innocence Network President Keith Findley wrote: <br />"We believe the newly discovered evidence, which was withheld by the state at the time of (Keith's) trial, provides compelling evidence of his innocence."<br /><br />Keith was convicted of shooting and killing three people in an Ohio apartment in 1994. He was convicted based in part on questionable eyewitness identification evidence, and key details were never shared with defense attorneys. The Innocence Network also filed <a href="http://www.innocenceproject.org/Content /Innocence_Network_Urges_Supreme_Court_to_Consider_Death_Row_Case.php">a friend-of-the-court brief</a> in April urging the U.S. Supreme Court to consider Keith's case based on evidence that he was denied a fair trial. The court did not agree to hear the case.<br />In another recent letter to Gov. Strickland, former Ohio Attorney  General Jim Petro wrote: "I am gravely concerned that the State of Ohio  may be on the verge of executing an innocent person."<br /><br /> Nearly 10,000 people have signed a petition urging Strickland and the  Parole Board to grant clemency in Keith's case. <a href="http://criminaljustice.change.org/petitions/view/relief_urgently_needed_for_innocent_man_on_ohios_death_row">Join them here</a>.<br /> <br />Read more:<br /> New York Times: <a href="http://www.nytimes.com/2010/08/10/us/10deathrow.html" target="_blank">Unusual Alliance Protests Execution</a><br /> <br />Columbus Dispatch: <a href="http://www.dispatchpolitics.com/live/content/local_news/stories/2010/08/08/copy/timeout-from-death.html?adsec=politics&amp;sid=101" target="_blank">Timeout From Death?</a><br />]]></description>
<link>http://www.innocenceproject.org/Content/2703.php</link>
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<title>Minnesota Man Free After Vehicular Homicide Conviction Is Tossed</title>
<pubDate>Mon, 09 Aug 2010 17:44:00 EST</pubDate>
<description><![CDATA[A Minnesota man was freed from prison Thursday after a judge ruled that a defect in his Toyota Camry - and not his driving - had caused a crash that killed three people. He had served three years in prison, and prosecutors say he won't be retried.<br /><br />Koua Fong Lee was convicted of vehicular homicide in 2007 after his 1996 Camry accelerated uncontrollably and crashed into two vehicles ultimately killing a man and two children.  Lee was driving with his pregnant wife, father, daughter, brother and niece at the time of the crash, and always maintained his innocence. <br /><br />Lee's attorney, Brent Schafer, partnered with the <a href="http://www.ipmn.org/" target="_blank">Innocence Project of Minnesota</a> (an <a href="http://www.innocencenetwork.org">Innocence Network</a> member) to uncover strong evidence that Lee's car malfunctioned, causing it to accelerate and crash. <br />
<blockquote>"This never seemed right. A man with his family in the car -- his pregnant wife -- goes on a suicide mission? Then, the recalls started, and the complaints sounded just like what happened to Mr. Lee," Schafer said in March. "It sounds just like a case of unintended acceleration."<br /></blockquote>
In tossing the conviction, the judge also pointed to the failure of Lee's original attorney to adequately defend him at trial. At Lee's trial, she openly contradicted him, saying that he must have pushed the accelerator, even though he claimed that he didn't.<br />Since the fatal crash, Lee asked the victim's families to forgive him  and believe his innocence.  CNN reported that the victim's families have  long believed him and were part of the effort to free him. Together,  they are now suing Toyota.<br /> <br /> Although the 1996 Camry is not a part of Toyota's recall of 8 million  vehicles, the car manufacturer acknowledged before Congress that  problems with sudden acceleration were more extensive than originally  thought.<br /> <br /> Lee's accident was among the first of a growing number of criminal cases being reexamined since Toyota announced the recall.<br /> <a href="http://www.cnn.com/2010/CRIME/08/06/toyota.recall.appeal/?hpt=T1" target="_blank"><br /> Read the full story here</a>.<br /> <br /> <a href="http://www.innocenceproject.org/understand/Bad-Lawyering.php">Learn about how ineffective defense counsel has played a role in causing wrongful convictions</a>.<br /><br /><em>Photo Credit: <a href="http://www.flickr.com/photos/tomaszgrabowski/3427129715/sizes/m/" target="_blank">Tomasz Grabowski</a></em>]]></description>
<link>http://www.innocenceproject.org/Content/2702.php</link>
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