Category Archives: Exonerated

Cases when the wrongly convicted person was exonerated, or alternatively a plea deal was agreed, or charges were dropped.

Andy Malkinson

Andy Malkinson served 17 years in prison after being wrongly convicted of a 2003 rape.

After the CCRC failed to properly investigate,  Appeal, a specialist legal charity dedicated to investigating miscarriages of justice, uncovered DNA evidence leading to the conviction being overturned.

BBC Report 26 July, 2023

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Xavier Walker

In July 2018, after serving nearly nearly two decades in prison for a 2000 murder, Xavier Walker won a new trial.

Walker had several alibi witnesses ready to testify that he was at home when Mark Madjak was gunned down in West Garfield Park. Walker, then only 19, also had a witness whom he’d told police had beaten him before he confessed, as well as photographs showing his injuries.

But none of that evidence was brought out by his lawyer at the time, and Walker received a 35-year prison sentence for murder. State’s Attorney Kim Foxx’s office agreed to vacate his conviction and 35-year sentence, though Walker remained at the Cook County Jail on a no-bond order from Judge Alfredo Maldonado.

Assistant Public Defender Harold Winston said that he did not know whether prosecutors intend to take the case to trial again, but he said that he’s confident the evidence will show Walker is not guilty.

For details see https://chicago.suntimes.com/?post_type=cst_article&p=1236571

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Exonerated December 2019, exoneration report here.

Selwyn Days

Selwyn Days was accused of killing 79-year-old millionaire Archie Harris and his 35-year-old home health aide, Betty Ramcharan. Selwyn confessed to police after a seven-hour interrogation and nearly 14 hours in custody.

In 2003, Days’ first trial ended in a hung jury, but he was convicted of two counts of second-degree murder at his second trial in 2004. He was sentenced to 50 years, and his conviction was upheld by the appellate court.

Days appealed that conviction, claiming that his counsel was ineffective. Westchester County Court agreed in 2009, vacating the judgment and ordering a new trial.

The third trial again ended with a hung jury in 2011, but he was found guilty in his fourth trial.

In September 2015, the conviction was overturned based on the Westchester County Court’s decision in 2011 to bar expert testimony on the issue of false confessions.

The appellate court, noted the lack of physical evidence or eyewitness testimony linking Days to the murders, as well as the videotaped confession, in which officers “repeatedly employed suggestive and leading questions, fed the defendant specific details related to the crime scene, and used rapport-building techniques.”

The appellate court also said that “significant concerns” were raised by the fact that only the last 75 minutes, the confession, of the seven-hour interrogation were videotaped.

Days’ two experts in false confessions, Dr. Jessica Pearson and Dr. Richard A. Leo, had determined Days to be particularly vulnerable to false confessions, based in part on his low intelligence and history of mental illness, according to the ruling.

In August 2017, Selwyn was tried for a fifth time.

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Update September 12, 2017 : Selwyn Days acquitted in fifth trial for Eastchester double homicide

 

 

Mark Carver

Mark Carver is serving a life sentence without parole after his 2011 conviction for strangling Irina Yarmolenko. Her body was found near her car in Mount Holly, on the banks of the Catawba River. Carver and his cousin were fishing downstream at the time.

Chris Mumma, executive director of North Carolina Center on Actual Innocence, is seeking a new trial, arguing that Carver received an inadequate defense and that key pieces of evidence used to convict him would not stand up to updated testing and new information uncovered in the case. In particular, Mumma claims that far more conclusive testing and reporting of DNA will undermine the prosecution’s contention that Carver’s genetic material was found on Yarmolenko’s car.

She also says Carver’s statements to police indicating that he knew the victim’s height can be challenged by interrogation video – never seen by a jury – that shows he was coached into giving the description by a detective.

In 2016, the Charlotte Observer published “Death by the River,” a six-part series raising questions about Carver’s guilt.

Source: Defense in disputed murder case wants Gaston DA punished for withholding evidence June 14, 2017

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Update June 11,2019:

Last week a judge overturned Mark Carver’s 2011 first degree murder conviction for the death of a UNC Charlotte student. On Tuesday Carver was transferred and released from the Gaston County jailhouse.

Superior Court Judge Christopher Bragg overturned Mark Carver’s conviction last week citing ineffective counsel during his 2011 trial. He also found the DNA evidence used to convict Carver to be “doubtful.”

https://www.wfae.org/post/mark-carver-released-jail-after-conviction-overturned-death-uncc-student

Vincent Simmons

On May 22, 1977, Karen and Sharon Sanders, 14-year-old twins, reported that they were raped two weeks prior. In statements to police, the twins claimed that they, along with their cousin Keith Laborde encountered a black man at the 7-11 filling station. They gave the man a ride and then claim that the same man produced a knife and ordered everyone into the trunk of the car. He then allegedly raped the twins one at a time and repeatedly before setting them free. The twins claimed that their attacker threatened to have his buddies come after them if they breathed a word.

In their statements, the twins were unable to identify their attacker because “all blacks looks alike.” With this information, Avoyelles Parish police picked up Vincent Simmons and placed him under arrest. Simmons was placed in a line-up in which he was the only one handcuffed. The Sanders twins and Laborde then identified Simmons as their attacker.

From 1977 until 1993 Simmons filed repeated motions to view the evidence file pertaining to his case, including police reports, arrest reports, victims’ statements, trial transcripts, the medical examiner’s report and other documents. After 16 years, his request was finally granted. Facts that came to light included the medical examination of the twins, which showed that Sharon Sanders’ hymen remained intact three weeks after the date of the alleged rapes and that she remained a virgin. This medical examiner’s report was never turned over to the defense for discovery during the trial.

There was no physical evidence presented in the Simmons case that the rapes actually occurred. Simmons’ defense also presented several eyewitnesses who claimed that Simmons was at a local bar with them the night of the alleged rapes.

Simmons was given a 100-year sentence, two counts of attempted aggravated rape.

Source: https://en.wikipedia.org/wiki/Vincent_Simmons

Website : http://www.freevincent.com/

Documentary (1999):

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Jason David Sadowski

Update: see Jason Sadowski is Innocent for full case details.

cropped2Jason David Sadowski was convicted in 2014 of assaulting and torturing Angel Paris  and Becky Bressette at Jason’s gym in July 2013. The conviction was overturned in December 2015, a retrial has been set for March 6, 2017.

Angel, a drug addict and admitted thief, and Becky gave conflicting, changing and incredible accounts of what occurred. According to the ruling  overturning the conviction “Although the police officers gave testimony regarding their observations, the prosecution highlights nothing from their testimony that disproves Sadowski’s rendition beyond a reasonable doubt. The victims also had many discrepancies in their account of the night and crimes.”

At the time  Angel was on parole/probation. She was also in drug court and had an open CPS case. She had warrants out for her arrest for bail jumping. So, on the night in question, she had been out drinking and using drugs, she had her violated her probation, parole and drug court conditions,  and was due in drug court in the morning for testing. She admitted to stealing money. She had also stolen jewelry and marijuana.

Becky was also a drug addict, who died of a methadone overdose between the preliminary hearing and trial. She was with Angel on the night she died.

What happened is this:

Jason wanted his money back ( the amount of stolen items totaled over $1,000 and would have been a grand theft charge ). When Jason said he was calling the cops Angel begged and pleaded for him not to. She turned on Becky, trying to shift blame. Angel was intent on getting the money back so Jason would not call the cops. She had plenty of motive to shift blame, and was fighting with Becky. Eventually, Angel persuaded another man present, Charles Leroy Cope, to help her tie Becky up to a pole with duct tape, to force her to say where the stolen items were. Then, bizarrely she started taping herself to another pole, apparently in an attempt to make it look as though she was a victim. When Jason came into the room, Angel told Jason no one was leaving until Jason recovered the remainder of his money. Shortly afterwards, Angel called 911, and eventually claimed that she and Becky were victims.

Charles gave statements to police consistent with Jason’s account. He was repeatedly asked if Jason ever touched, hit or threatened Angel or Becky, and responded that did not happen. However at trial, Charles’ attorney argued a “duress” defense consistent with the prosecution theory of events. Charles’ attorney failed to consult at all with his client before the preliminary hearing. Charles’ attorney later  told Jason’s attorney if he had known Jason had witnesses and evidence to rebut the prosecution case, he would not have offered a duress defense. Charles had issues from heavy drinking and drug use for years, and was battling with dementia and Alzheimer’s and did not testify. During proceedings he was seen shaking his head,  telling the assistant next to him no, that isn’t what happened, and that isn’t what he said.

At sentencing, Charles said he did not believe Jason could have done what he was convicted of, he never saw Jason hit either woman while they were all in the basement where he was living at the time. “I wasn’t upstairs, I don’t know, but I can’t believe him beating on those women,” he said. “Downstairs … that’s all I know, he never touched ’em downstairs. I never seen him hurt ’em.” He didn’t know what happened upstairs, he was sorry for it and said Jason was a good man who had helped him.

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Friday March 17, 2017 Sadowski found not guilty on all seven counts

Report at National Registry of Exonerations

Angelika Graswald

Angelika Graswald was charged with second-degree murder in the death of Vincent  Viafore, whose body was recovered from the Hudson River in April 2015. 

Prosecutors said Graswald removed a nickle-sized drain plug on the top of the kayak to allow it to fill with water, however experts say the amount of water entering a small hole on the top of the kayak could be minimal compared to the amount of water splashing into Viafore’s open cockpit.

In a nearly 12-hour taped interrogation by police 10 days after Viafore disappeared, Graswald repeatedly denied killing her fiance and said her desperate calls to 911 were real.

Graswald also said during that interrogation, which she punctuated with yoga and hopscotch, that she was “OK” with Viafore’s death and “wanted him dead.”

Graswald told ABC News’ Elizabeth Vargas in a November 2015 jailhouse interview that she was at her “breaking point” during the taped interrogation.

“Well they kept me asking me the same questions like a hundred times. I knew that I was innocent,” Graswald told Vargas. “I was at my breaking point. I just, I had it so I just gave ’em what they wanted.”

She also denied in the interview that she removed the plug from Viafore’s kayak with the intent to kill him, saying, “No, I did not.”

Graswald’s attorney, Richard Portale, said in a court hearing that Graswald may have miscarried a baby during an interrogation. He also claimed that his client asked investigators who “Miranda” was after she was read her Miranda rights, according to The Associated Press.

Sources:

Trial is set for February 14, 2017.

See also “Death on the Hudson“, 48 hours, Sep 12, 2015.

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July 24, 2017 Plea deal agreed  According to her attorney, Richard Portale, Graswald “will be home in December.”

 

Charles Johnson and Larod Styles

In July 2016, Cook County Judge Domenica A. Stephenson vacated the murder convictions of Charles Johnson, 39, and Larod Styles, 36, who, as teenagers, received life sentences in the December 1995 deaths of Yousef Ali and Khalid Ibrahim. Both men were fatally shot during a robbery at Elegant Auto Sales at 75th and Western.

After eight years of legal wrangling, which included an appellate court decision in their favor, attorneys representing the men said the day would not be possible if Illinois weren’t the only state in the nation to allow post-conviction fingerprint testing for defendants.

Matching fingerprints were found on a car at the used car lot and on the adhesive side of a price sticker that was torn off of one of two cars that was stolen from the lot, said defense attorney Steven Drizin, of Northwestern University’s Center On Wrongful Convictions.

The same prints were also found on the stolen cars themselves — which were abandoned about five miles from the crime scene. And the kicker, defense attorneys claim, is the fact that the fingerprints, when run through a law enforcement data base that was not available to detectives at the time of the original investigation, returned a match: a man with a lengthy criminal record who lives a short walk from where the stolen cars were found. According to a source, the man has since been interviewed by investigators.

“We are here today because we were able to use that database to not only exclude our clients . . . but to match those fingerprints to one person in particular who has nothing to do with our clients,” said Drizin, who discounted confessions the men gave to police.

In September 2016, Charles Johnson was freed on $50,000 bond, Styles was unable to post bond. Cook County prosecutors said they will retry both Johnson and Styles.

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February 15, 2017 Charges Dropped

Patrick Pursley

Patrick Pursley was convicted of a 1993 murder, based on unreliable key witness testimony, jailhouse informants, and faulty forensic science.

At trial, the State’s expert concluded that the bullets and cartridges recovered from the crime scene were fired from a gun linked to Pursley “to the exclusion of all other firearms.” However the State’s expert has now admitted that he was wrong, and a defense expert has found that neither the cartridges nor the bullets recovered from the crime came from the gun linked to Pursley. On April 19, 2016 Pursley was granted an evidentiary hearing.

Sources:

http://www.law.northwestern.edu/legalclinic/wrongfulconvictions/exonerations/waiting-for-justice/

http://www.jiwc.org/our-cases/patrick-pursley/

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March 3, 2017 New trial granted

April 13, 2017 Bond Set “A man who has been in prison for 23 years for murder will be released to await a new trial when $5,000 is paid on a $50,000 bond that Judge Joseph McGraw set today.”

Update: 16 January, 2019 Patrick Pursley found not guilty in murder retrial

 

 

Rodricus Crawford

Rodricus Crawford was convicted of first degree murder and sentenced to death.

On February 16, 2012, something truly terrible happened that could only be described as any parent’s worst nightmare. Rodricus Crawford, a young father in Caddo Parish, Louisiana woke up and noticed that his son, Roderius, who had just turned one a week earlier, was lifeless.

Rodricus, who was sleeping on the pullout couch, immediately yelled out for help. An uncle called 911. Various family members took turns performing CPR and it seemed like nothing they were doing was making one bit of difference.

When the EMTs showed up, they refused to allow Rodricus to get in the ambulance with the baby and were slow to leave. It had already taken far too long for them to get there. They were so disrespectful to the family that it caused a stir there in the community. Within minutes, police arrived. Thinking they might take Rodricus to the hospital, they instead arrested him and took him to the jail. His only son had died and instead of comforting him as the grieving father that he was, he was interrogated and harassed.

Not a single soul in his family believed Rodricus Crawford killed his son. When police called in the boy’s mother, who lived a few doors down, for questioning, she didn’t believe it either. Rodricus loved the boy with his whole heart — everybody in the community knew that. No motive existed.

Over the next year, what unfolded in Louisiana, under the leadership of its then-Acting District Attorney Dale Cox, was like a bad movie. With no motive and no witnesses, Rodricus Crawford was charged and convicted of murdering his son. Black jurors were routinely struck from the jury pool. Even though an expert testified that the young boy likely died of complications to undiagnosed sepsis and pneumonia, which the family thought was just a small cold, Cox was convinced, in part due to a pathologist’s report, that Rodricus had deliberately smothered him to death.

A cut on the boy’s lip, which multiple family members testified was caused by a recent fall in the bathroom, was used as the justification of the smothering claim. Anybody who has ever had children knows far too well how often kids fall and hurt themselves, but it was completely ignored.

Crawford’s first appeal was denied by the Supreme Court of Louisiana on November 14, 2014. In November 2016, the Louisiana Supreme Court overturned the conviction. Four medical experts submitted reports indicating that his son had died of pneumonia. The baby’s blood had tested positive for sepsis, which can be fatal for young children. One judge wrote: “No rational trier of fact could have concluded that the State presented sufficient evidence to prove beyond a reasonable doubt that the defendant had the specific intent to kill his one-year-old son,”

Sources: New York Daily News, November 18, 2016The New Yorker, November 23, 2016

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April 19, 2017 : charged dropped.

 

Jeromy Poirier

14915018_240836962998118_942807992_nJeromy Poirier was falsely accused of sexually abusing his 2 1/2 year old daughter during a custody battle with cps by his wife’s parents.

Jeromy’s mother-in-laws sister worked as a case worker for cps and told them what his 2 1/2 year little girl needed to say to ensure victory.

Jeromy’s wife Cailey witnessed her maternal family coaching their daughter and when she stood up for the right thing, parents and aunt had their corrupt cps friend remove Jeromy and Cailey’s daughter, Marlie from both of them. They did this so that they could coach and brainwash her to say her daddy did things to her. They have even told Marlie that her daddy and mommy are dead and are in heaven.

Denton, TX CPS amended their petition to claim Jeromy and Cailey’s second daughter was born in Denton county when she was not, and it was not even their jurisdiction, but the judge looked over all of this and let Jeromy’s in-laws and the corrupt cps caseworker do whatever they wanted.

Jeromy has taken a polygraph with honest results. His daughter was taken to a children’s hospital immediately after the “outcry”, there were no signs of sexual abuse.

His in-laws waited an entire year after the false allegations were made to take the daughter for a forensic interview with the police, in which no outcry was made. They ended up taking her back for a second forensic interview where supposedly they had her make an outcry at that point.

A whole year passed after this point and the criminal investigation was suppose to be closed. Two years after the false allegations were made, Jeromy was arrested.

Jeromy and Cailey both tried to assist the detective in charge at the start of the case, and he would not speak to them at any point.

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Update June 16, 2018 : the grand jury “no billed” the case, meaning that they did not find sufficient evidence for the case to proceed, so there will be no trial.

 

Lamonte McIntyre

17 year old Lamonte McIntyre was wrongfully imprisoned for a 1994 double murder. Attorney Cheryl Pilate is fighting to exonerate Lamonte with the help of Centurion Ministries, a national innocence project that fights to free the wrongfully convicted.

At trial, there was no gun, no motive, no evidence that McIntyre knew the victims. No fingerprints from the shotgun shell casings left at the scene. No blood-spattered shoes, socks, pants or shirt. No physical evidence of any kind linking McIntyre to the crime.

There were two eyewitnesses to the murder. Ruby Mitchell told police she thought it was “Lamonte something” – who would come by to talk to her niece. This led the police to Lamonte Mcintyre, however he was not the person she was referring to. When Mitchell informed the prosecutor, he threatened to have her children taken away.

The other witness Niko Quinn has now signed an affidavit stating that McIntyre was not the killer.

Pilate, in her recently filed motion, maintains that lead detective Golubski manipulated facts and witnesses leading to the false identification of McIntyre. She maintains that throughout the investigation and trial, two chief players — the lead detective and an assistant Wyandotte County prosecutor — not only “failed to seek the truth” but also “consistently subverted and concealed the truth — manufacturing evidence and presenting testimony that they knew to be false.”

More than 15 affidavits — from criminals and their cronies to police — point to the detective, Roger Golubski, who retired as a captain in 2010 after 35 years on the force. Using terms like “crooked” and “dirty,” the sworn statements speak of a detective who preyed on black women, some of them prostitutes, using his access to illegal drugs and the power of his badge.

Full Article and Video  Here Oct 25, 2016

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October 13, 2107 DA agrees motion for new trial and drops charges.

 

Arturo Reyes and Gabriel Solache

Imprisoned since 2000, Arturo Reyes and Gabriel Solache are serving life sentences stemming from a bizarre case in which a couple was murdered and their two young children abducted. Reyes and Solache were arrested when they brought the children to a police station after learning their identities from a news broadcast. They were held for two days, one arm handcuffed to a wall.

Their housemate, Adriana Mejia, pled guilty to the crimes (she’s also serving a life sentence) after the victims’ blood was found on her shoes, and under questioning from Guevara she implicated Reyes, who then named Solache as an accomplice.

No physical evidence linked Reyes or Solache to the crime.

Both Reyes and Solache testified at their trial that they confessed only after sustained beatings by Guevara. Reyes said the detective would slap him every time he didn’t like an answer Reyes gave; Solache said beatings to his head caused him to lose his hearing in one ear. In a pretrial hearing, Mejia testified that she saw Guevara slap Solache; Guevara denied any physical abuse took place.

In 2003 the two men filed post-conviction petitions which were dismissed by the trial judge, but in 2006 an appeals court reversed that decision, ruling that new evidence of a pattern of abuse by Guevera added credibility to their claims of coerced confessions.

An amended petition filed in 2008 on Solache’s behalf by Northwestern’s Center on Wrongful Convictions laid out dozens of cases of misconduct by Guevara that had come to light in the intervening years, including a distinct pattern of manipulating witnesses and coercing confessions to win convictions in murder cases where no physical evidence existed.  The state moved to dismiss the petition, and another round of legal wrangling took place.

Finally in February 2013 an evidentiary hearing began (it stretched over two years) on their petition for post-conviction relief.  The defense presented witnesses and testimony from other cases spelling out 20 instances of Guevara’s misconduct, including the testimony of a retired detective who said he told his supervisor that Guevara had manipulated a photo array.  A murder charge in that case was subsequently dropped.

Guevara was called to the stand but refused to testify, taking the Fifth Amendment dozens of times.  That’s a problem, as Circuit Court Judge James M. Obbish noted in his June 29 ruling, since it left every credible allegation against him unrebutted.

Source

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December 22, 2017 Case Dismissed

Jerome Morgan

Jerome Morgan was convicted of a 1993 murder, and was granted a new trial in 2014, due to two witnesses being pressured into identifying him as the killer. The director of the Innocence Project New Orleans, which represents Morgan,  says “there is no evidence against him and only evidence that he is innocent.”

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In a ruling that could severely hamstring Orleans Parish District Attorney Leon Cannizzaro’s office in its bid to retry a 23-year-old murder case, the Louisiana Supreme Court ruled Friday that the trial testimony of two key witnesses who have since recanted their identifications of the alleged killer can’t be used at his new trial.

Jerome Morgan, 40, is slated to stand trial again June 13, two decades after a jury convicted him of murder in the 1993 slaying of 16-year-old Clarence Landry during a birthday party at a Gentilly motel ballroom.

Criminal District Court Judge Darryl Derbigny overturned Morgan’s conviction and life sentence and granted him a new trial in early 2014. Derbigny said he believed the claims of the two witnesses, Hakim Shabazz and Kevin Johnson, that New Orleans Police Department detectives pressured them to identify Morgan as Landry’s killer.

Since then, Cannizzaro’s office has charged Shabazz and Johnson with perjury for their conflicting statements, rendering them silent as a new trial for Morgan approaches.

Both men, fearing additional charges, are invoking their Fifth Amendment right and refusing to take the witness stand, in what Morgan’s attorneys argue was a calculated move by prosecutors to keep them from testifying.

In lieu of their testimony, Judge Franz Zibilich, who will preside over the new trial, ruled that the jury could read transcripts of both their original testimony, identifying Morgan, and their recantations in 2013.

Assistant District Attorney Donna Andrieu has acknowledged that how the jury views those conflicting accounts stands at the heart of the case against Morgan. In court, Andrieu has claimed that Innocence Project New Orleans attorneys coerced false recantations from the two men.

The state’s high court ruled Friday that Zibilich was correct in barring from the trial the men’s initial identifications of Morgan to police butmistaken in allowing their 1996 trial testimony to be read at the new trial.
The ruling came on a 4-2 vote, with Justices Marcus Clark and Scott Crichton dissenting and Chief Justice Bernette Johnson not voting.

The Supreme Court vacated Zibilich’s ruling, though it said the judge could revisit the admissibility of their statements — both to police and to the jury that convicted Morgan — “if these witnesses testify at the retrial.”

Emily Maw, director of the Innocence Project New Orleans, which represents Morgan, hailed the ruling Saturday, saying she hoped it would prod Cannizzaro “to finally dismiss the charges against Jerome Morgan, because there is no evidence against him and only evidence that he is innocent.”

She said Morgan “has been fighting to clear his name since the moment he was arrested by police. He has never wavered from that fight, and it has been a long, hard ordeal for Jerome Morgan, and a long ordeal for the Landry family. It’s time to end it.”

Morgan was 16 when he was arrested and charged with the killing.

A spokesman for Cannizzaro’s office did not immediately comment on the high court’s ruling. The office has a policy against discussing open cases.

Shabazz and Johnson had been with Landry at a May 22, 1993, birthday party in the ballroom at the Howard Johnson motel on Old Gentilly Road. A fight broke out between two groups, and someone pulled a gun and opened fire. Landry was hit in the neck and shoulder, Shabazz in the side and another youth in the thigh.

When police arrived at the party, Morgan was there. Prosecutors alleged at his initial trial that he had managed to run away, hop a fence, stash the gun and return before police arrived.

The jury in the 1994 trial never heard evidence that police reached the scene just six minutes after the shooting started and locked down the ballroom. Instead, the jury heard that it took more than a half-hour for police to arrive. Morgan’s attorneys with the Innocence Project argued that prosecutors withheld the evidence of a quick arrival.

Johnson had testified that he chased the shooter out the door and down an alley. In 2013, he took the stand again, saying Landry had been his best friend and that he was pressured by police to identify Morgan as the shooter.

He first dismissed Morgan’s picture from a photo lineup and did so again seven months later, but he said a detective then pushed the picture back into the mix.

“Are you sure it’s not this guy right here?” the detective asked him, according to an affidavit Johnson signed.

He said the detective told him the photo was of Morgan. Johnson said he figured everybody else must be right, so he fingered Morgan as the killer.

Shabazz spent 10 days in the hospital recovering from his wounds, then got a call from a detective who asked him if he knew who had shot him. Shabazz said he didn’t. According to Shabazz, the detective then said, “Jerome shot you,” and asked Shabazz to come to the station to give a statement.

There, the detective pressured him to point out Morgan and made him feel he would be doing a public service if he did so, Shabazz said in 2013. “It’s almost like they painted this picture for me, that it was him,” he said on the witness stand, adding that he’d been wracked with guilt for years. “What I did, it just wasn’t right.”

Derbigny ruled that the “evidence presented before this court is wrought with deception, manipulation and coercion” by the NOPD.

Soon afterward, prosecutors filed perjury charges against Shabazz and Johnson. The law doesn’t require Cannizzaro’s office to prove on which occasion — in 1994 or in their recantations two decades later — the two men lied on the witness stand.

Cannizzaro’s office, meanwhile, has accused Maw, IPNO attorney Kristin Wenstrom and an investigator of coercing the recantations from Shabazz and Johnson, though no charges have been filed against the lawyers.

In postponing a May 2 trial date to let the higher courts rule, Zibilich pledged to stick to the June 13 trial date.

From Louisiana Supreme Court deals blow to prosecutors with key ruling on upcoming retrial for 1993 teen killing May 14, 2016

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Case dismissed May 31, 2016

Lorinda Swain

Lorinda Swain was convicted in 2002 for sexually abusing her adopted son.

But her son later told the court he’d lied about the abuse. After more than seven years in prison, Swain was let out on bond when a judge ruled she deserved a new trial.

But the Court of Appeals overruled that decision two separate times.

Source: What does an innocent person have to do to get their conviction overturned? April 4, 2016

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Calhoun Co. prosecutor won’t retry Lorinda Swain May 19, 2016
“In an order issued Wednesday, the Michigan Supreme Court ruled that Swain was entitled to a new trial. Later the same day, Calhoun County Prosecutor David Gilbert told 24 Hour News 8 that his office would not move forward with the retrial.”

Keith Allen Harward

In 2009, University of Virginia law professor Brandon L. Garrett was poring over old trial records, looking for questionable forensic science evidence, when he came across the case of Keith Allen Harward, convicted of rape and murder in Newport News in 1986.

Now, the Innocence Project says recent DNA testing proves Harward didn’t commit the brutal 1982 crimes, casting further doubt on the validity of bite-mark comparison — a forensic technique that two experts testified strongly linked Harward to the crimes. It was their testimony that drew Garrett’s attention and concern in 2009.

..

Garrett, after reviewing the trial transcript, is not persuaded the bite-mark testimony was valid and said that when he learned a petition for a writ of actual innocence was filed by Harward earlier this month, “It was really, really, really disturbing to think you can just come across innocent people’s cases by accident like that.”

Harward, 59, has not been exonerated. Lawyers with the Innocence Project and the Washington law firm of Skadden, Arps, Slate, Meagher & Flom LLP filed the innocence petition on March 4.

Proceedings have been stayed by the Virginia Supreme Court so that more DNA test results — said by Harward’s lawyers to further support innocence — can be submitted to the court.

 Full article here March 27, 2016

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Update April 2, 2016:

DNA implicates a career criminal in the rape of a Newport News woman and the murder of her husband more than three decades ago and conclusively proves the innocence of his former Navy shipmate wrongly convicted of the crimes, according to the imprisoned man’s lawyers.

April 8, 2016 : Virginia man exonerated by DNA evidence walks free after 33 years in jail

 

Feb 7, 2017 : After wrongful imprisonment of 33 years, Virginia man will get $1.6 million

Keith Allen Harward, who served 33 years in prison for crimes he didn’t commit, will receive nearly $1.6 million from the commonwealth of Virginia under a bill approved Monday by the House of Delegates.

Harward was convicted of a 1982 rape and murder in Newport News. He was released from prison last year after DNA testing proved he was innocent. The House unanimously passed HB 1650 to provide relief to Harward, now 60.

 

Connie Oakes

Connie Oakes was wrongly convicted of fatally stabbing Casey Armstrong in the neck while he sat in the bathtub of his Medicine Hat trailer in May 2011.

The conviction was based on a confession from Wendy Scott, who has an IQ of 50 and had accused three others of the murder.

Scott subsequently retracted her confession, and her conviction has been overturned, due to a lack of corroborative physical evidence.

In January 2016, one of Connie’s lawyers told an appeal court “This verdict was not supported by any reasonable use of evidence, this is a person who has a history of blaming other people of murder. She has provided sworn testimony once again. This is troubling.”

Source: ‘I want to see her set free’: Defence seeks new trial for Connie Oakes in fatal Medicine Hat stabbing Calgary Herald, 12 January 2016.

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April 6, 2016 Connie Oakes’ murder conviction quashed over ‘unreliable’ testimony from low-IQ witness

April 28, 2016 ‘She’s coming home’: Connie Oakes free after murder charge stayed by Alberta Crown

 

Corey Williams

Why did Corey Williams end up imprisoned for a crime he almost certainly did not commit while Nathan and Moore remain free? All evidence pointed to the other three men as the perpetrators—yet Williams confessed to the murder, and the other men’s detailed testimonies corroborated his confession. Why would Williams confess to a murder he didn’t perpetrate? And if his confession was false, how could the other men’s testimony so accurately corroborate it?

The solution to this puzzle is both simple and outrageous—so outrageous that the state concealed it for more than 15 years. That’s how long prosecutors refused to release transcripts of interrogations conducted the night of the murder. It’s easy to see why they stalled. These transcripts, finally obtained by Williams’ defense this year, explain the central mystery of the case. Williams didn’t commit the crime; his testimony was coerced. The other men didn’t corroborate his confession; they refuted it. But when detectives presented them with Williams’ false confession, they quickly molded their story to fit with it. The prosecutor who sent Williams to death row—then fought to keep him there despite his intellectual disability—was aware of all this. He didn’t report it or inform the defense. Instead, he kept the transcripts hidden.

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News May 22, 2018 : Freed

Barry Beach granted clemency

Gov. Steve Bullock on Friday granted clemency for Barry Beach, who has served more than 30 years in prison for a murder he claims he did not commit.

The order issued Friday directs Beach’s sentence to time served, with an additional 10 years suspended. Additional requirements contained within the order direct Beach to serve the suspended portion of the sentence on probation under the supervision of the Department of Corrections.

The governor made the decision through House Bill 43, a law that gives him the power to grant clemency that kicked in Oct. 1. The law was inspired by Beach who has been denied parole four times despite growing public support and the backing of a bipartisan coalition of current and former state and federal officials.

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Kevin Bailey

In 1989, two Chicago teenagers were wrongly accused and arrested for a murder they did not commit.

Corey Batchelor and Kevin Bailey were brought in to the notorious Area 2 police station and brutally interrogated by officers who had previously served under the now disgraced commander, Jon Burge. Corey was interrogated for 27 hours straight until he made a false confession. Kevin was then interrogated for 12 hours straight until he did the same. As someone sitting in the comfort of a free world, a false confession may sound absolutely preposterous, but Chicago is now being called the false confession capital of the world for good reason.

In spite of the stark reality that not one single shred of physical evidence or one single eyewitness linked Corey or Kevin to the murder of Lula Mae Woods, they were both convicted solely on the strength of their false confession — in spite of the reality that even their individual confessions greatly contradicted one another.

After serving 26 years in prison, Corey Batchelor, who entered as a 19-year-old and came out of prison as a 45-year-old man, is now free. Kevin Bailey, who was given an 80-year-sentence, is still behind bars.

Now, though, with the support of The Innocence Project, the Center on Wrongful Convictions of Youth, the Exoneration Project, and the People’s Law Office, crucial DNA evidence from the crime scene has been tested for the very first time.

A bloody towel that the actual murderer used on the scene and a hat that was mistakenly left behind and did not belong to the victim or her family, each were tested and found to have hair on them from one person.

That person was not the victim, Corey, or Kevin. Not only that, but the stolen person and items from her purse were each found to have DNA from men on them. Testing confirmed that both Corey and Kevin are excluded from any possible matches on those items as well.

Lawyers for both men are now asking the courts for expedited hearings to finally free Kevin Bailey from prison and for both men to clear their names.

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Featured case #112Proposal Post

Exonerated February 2018