John Giuca

John Giuca was convicted on a charge of second-degree felony murder in the death of 19-year-old Mark Fisher in 2003. Giuca was arrested a year after the murder, he was found guilty along with Antonio Russo; both were given a sentence of 25 years to life.

In the early morning hours of October 12, 2003, Mark Fisher accompanied a college acquaintance, Angel DiPietro, to a house party at Mr. Giuca’s home in the Ditmas Park section of Brooklyn.

Fisher had started off the evening barhopping in Manhattan with a different group of friends, but after unexpectedly running into Ms. DiPietro and taking a liking to one of her friends, Meredith Denihan, he found himself happily separated from his original group. Fisher, Ms. DiPietro and Ms. Denihan then met up with another friend of Ms. DiPietro’s, Albert Cleary, the son of a prominent member of the Brooklyn GOP, who was out with his buddy, John Giuca. When the group had trouble getting into another bar, Mr. Giuca invited them to party at his house, as his parents were out of town.

According to what investigators were able to piece together, the group arrived at Mr. Giuca’s place around 5 a.m. and began smoking and drinking. At some point, other people joined the party, including Mr. Russo, who was a nearby neighbor. At 5:23 a.m. Fisher, accompanied by Mr. Russo, withdrew $20 from a nearby ATM and both returned to Mr. Giuca’s home within minutes. At some point, Fisher and Ms. Denihan fell asleep and Ms. DiPietro and Mr. Cleary, who lived about three blocks from Mr. Giuca on Argyle Road, left Mr. Giuca’s house.

At about 6:40 a.m. Fisher was shot five times about 50 feet across the street from Mr. Cleary’s driveway on Argyle Road. Cops arrived on the scene within minutes and found his body lying atop a blanket they later confirmed came from Mr. Giuca’s home. Fisher’s wallet was missing but an ATM receipt in his pocket revealed his identity. Only two of five shell casings were recovered from the scene.

Several witnesses saw or heard a vehicle speed down Argyle Road following the shooting. Antonio Russo went to a neighbor’s house at approximately 7AM, asking him to cut off his braids, a style he’d worn for years. Russo also fled to California. Three witnesses told police that they saw Russo with a gun in his waistband both before and after the murder,one was even threatened by Russo with a gun.

At trial prosecutors alleged that the murder was the result of a robbery attempt by Russo, and that John Giuca supplied him the murder weapon (which was never found).

The conviction was based on the testimony of four main witnesses, three of which have since recanted, two of them accusing the trial prosecutor of coercion and intimidation. The fourth witness has been completely discredited.

Nevertheless, appeals have been denied.

Late in 2014, Giuca’s lawyers sent Brooklyn DA Kenneth Thompson a petition seeking to overturn their client’s conviction, saying they have irrefutable evidence that shows that Giuca didn’t receive a fair trial.

“I am confident John will be exonerated because the case has been exposed as a house of cards propped up by prosecutorial misconduct,” one of his lawyers, Mark Bederow, told The New York Post.

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Update Feb 7, 2018 : New Trial Granted

Daniel Wolfe and Gregory Derbyshire

Donald Reynolds was murdered in the early morning hours of September 4, 1980 during a robbery outside of the bar that he owned in Jackson, Michigan.

No one was arrested immediately after the crime, however 14 years later, Gary Raab claimed to police he was with Daniel Wolfe and Gregory Derbyshire when they committed the crime.

Wolfe and Derbyshire were convicted of the crime in separate trials, based mainly on Raab’s testimony, for which he was given immunity from prosecution.

At trial Raab admitted telling Detective Clifton Edwards during his first interview that he could not recall anything concerning the incident. Raab said that he only recovered his memory of the events after having spoken with Detective Edwards in December of 1994, through “flashes” that he had in his sleep. Raab also told Detective Edwards that he had a grudge against Wolfe.

Raab’s account was contrary to the testimony of other witnesses, and also contrary to the forensic evidence.

In addition the defence offered evidence suggesting that the crime may have been committed by others:

Eugene Hobbins, who lived behind the Silver Rail Bar past the railroad tracks, testified that at around 3 a.m. on a day in early September, he saw his neighbor, John Wheeler, run quickly and dive into the basement window of Wheeler’s house. Hobbins testified that Wheeler attempted to sell him two .22 caliber rifles at around the same time, telling Hobbins, that they were not his guns, but they belonged to somebody he knew. John Wheeler testified at trial and admitted committing several burglaries, including one against the Silver Rail Bar in 1981 or 1982, but denied that he ran home on September 4, 1980. Wheeler could not recall selling two .22 caliber rifles to Hobbins.

An appeal ruling in 2006 (petitioner Wolfe) stated that “the record would have supported an acquittal” however the appeal was denied. The same ruling noted many inconsistencies:

Raab testified that the petitioner, Derbyshire, and the victim were standing close together when the gun discharged; Raab testified to hearing one gunshot. Similarly, Michael Hession testified that the petitioner confessed to him that the gun went off during a struggle. On the contrary, the autopsy results showed that the victim was shot twice in the back and side of the head behind his ear with a .22 rifle, and no powder burns were observed on the victim, suggesting that he was not shot at close range. Police witnesses testified that two additional shots had been fired into the victim’s vehicle. Another inconsistency resulted from the testimony of Wade Miller that Tom Walling was present in the vehicle when he and the petitioner and Derbyshire cased the bar in July and August of 1980 just before the murder; it was established through prison records that Walling was in prison from 1979 to 1982.

Summary

What seems likely : Wolfe and Derbyshire discussed robbing the Silver Rail Bar, but in fact someone else actually committed the robbery and murder, and Raab and Kilgore testified against Wolfe and Derbyshire due to suspicions, a grudge and threats from the cops.

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Scott Davis

A federal judge could soon order a new trial for convicted murderer, Scott Davis, 50, who alleges widespread police and prosecutorial misconduct in his 2006 trial.

“I was outraged. This is a kangaroo court,” said Davis’ father, Dr. Dave Davis, referring to his son’s trial before Fulton County Superior Court Judge Tom Campbell.

“I couldn’t believe that Judge Campbell, that he’d let them put this evidence up there, evidence that we had never seen, that we had never been able to examine or use in our defense,” said the elder Davis.

Davis was initially arrested in 1996 and charged with murdering his estranged wife’s boyfriend David Coffin and setting his home in Buckhead on fire. Police dropped the charges for lack of evidence but rearrested Davis nine years later after the cold case was reexamined.

“We found a tremendous amount of problems with the case,” said Marcia Shein, a criminal defense attorney who took over Davis’ case after his conviction in 2006.

Shein showed investigative reporter Jeff Chirico a board she created listing what she called the “7 deadly sins” of police who investigated Coffin’s murder.

According to Shein and a petition she filed in federal court, police violated more than 300 standard operating procedures in handling evidence and inexplicably lost or destroyed 72 pieces of evidence before the trial, including the purported murder weapon and fingerprints. Shein also alleged the tape with Davis’ police interview in 1996 had been stopped at least twice during recording, which should make it inadmissible in court.

Shein also showed Chirico photos which apparently depict the Atlanta Police Department evidence room in disarray at the time of Davis’ trial.

“This is a trash pile of evidence with no labels and no information as to whose case it belongs to,” said Shein. “I don’t know how many cases have suffered because of that.”

Shein said she’s particularly concerned about the fingerprints that disappeared before trial. Police found the prints on Coffin’s stolen Porsche which had been burned and found not far from his home. Police admitted the prints weren’t Davis’ but never entered them into the national fingerprint database called AFIS (Automatic Fingerprint Identification System). An Atlanta police officer testified he lost the fingerprint card after taking it home, a violation of department procedures. Shein contended police may have been able to find Coffin’s “real” murderer had they entered the prints in AFIS.

Shein contends police misconduct in the handling of the gun allegedly used to kill Coffin. Former GBI examiner Bernadette Davy, who tested the weapon and testified to her findings in court, was later found to have falsified reports and resigned. Davis’ attorneys haven’t been able to retest the gun because it too went missing.

“How does the state get to allow that testimony without defense being able to see the firearm or have their experts evaluate it? Is that a fair trial? That’s the question that’s always bothered me,” said Shein.

Fulton County District Attorney Paul Howard insisted Davis’ constitutional rights weren’t violated and any evidence that was lost wasn’t done so in bad faith or intentionally.

However, Shein argued in the federal court petition that much of the misconduct was in bad faith. Specifically, Shein pointed to a fire department clerk’s admission under oath that she lied on an affidavit about receiving the missing murder weapon and that her superior instructed her to do so.

When Chirico asked Howard whether that’s bad faith, Howard responded, “I almost have to laugh when I hear that. The courts have already dealt with that issue.”

Shein contended the previous court rulings did not fully consider the misconduct and she’s hopeful U.S. District Judge Amy Totenberg will closely consider the request for a new trial.

“It makes the constitution meaningless if you let these types of situations continue,” said Shein.

While Davis’ parents are hopeful the judge will rule in their son’s favor, they’re also offering a $600,000 reward for information that could vindicate their son before much more time passes.

“We may never see him again free before we die,” reflected Joan Davis.

Judge Campbell did not return a call for comment.

It’s unclear when Totenberg may rule on the petition.

Source : News report June/September 2015

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Jimmie Duncan

Jimmie Duncan was convicted for the 1993 murder of Haley Oliveaux of West Monroe, Louisiana based primarily on the testimony of Hayne and Michael West, a bite mark examiner and at the time coroner of Forrest County, Mississippi. Duncan had admitted to leaving Oliveaux in a bathtub unattended, and was initially charged with negligent homicide. Hayne examined Oliveaux and claimed to have found bite marks on her face that had not been seen by any of the other medical professionals who had previously examined her body, such as EMTs and hospital personnel. After this, a mold was taken of Duncan’s teeth for use in bite mark analysis by Michael West. In performing this analysis, West repeatedly pressed the mold into the cheek of Oliveaux’ corpse, creating bite marks which had not previously existed. This was recorded on videotape which surfaced in 2008. Michael Bowers, deputy medical examiner for Ventura County, California commented with regard to the bite marks that “Dr. West created them. It was intentional. He’s creating artificial abrasions in that video, and he’s tampering with the evidence. It’s criminal, regardless of what excuse he may come up with about his methods.”

Source : Wikipedia

The other major piece of evidence against Duncan was testimony from a jailhouse informant who claimed that Duncan confessed to his crime while behind bars. Michael Cruse testified that he shared a jail cell with Duncan for one day in late December 1993. (Cruse also claimed another inmate in the same cell confessed a felony to him, according to the letter he wrote to prosecutors.) Duncan’s current attorneys have since obtained an affidavit from Michael Lucas, another inmate in the cell that day, who says that not only did Duncan not confess, he repeatedly asserted his innocence, despite Cruse’s constant attempts to elicit a confession.

Since then, two other inmates have reported being asked by Ouachita Parish law enforcement officials to lie about hearing Duncan confess. One of them, Charles Parker, who had worked as an informant for the FBI, wrote a letter of complaint to the district attorney’s office about the incident. In a later interview with Duncan’s post-conviction attorneys, he described how an investigator named Jay Via approached him and fed him information about Duncan’s case. “He gave me details of the crime, saying that the child was less than two years [old] and that she had been anally raped,” Parker said “He told me that when I came forward I was to say that Jimmie had confessed to biting the child while he was raping her.”

Source

When I first wrote about Duncan’s case, I thought Steven Hayne and Michael West were the most disturbing aspects of his conviction. And to be sure, between them the two have tainted thousands of cases and sent who knows how many innocent people to prison. But you could say the same thing about Jay Via. Duncan’s case is merely where the two intersect.

Jimmie Duncan is still on death row in Louisiana.

The prosecutor in Duncan’s case was never disciplined for failing to turn over the exculpatory evidence in that case, either.

Source

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Darrell Lomax

Darrell Lomax was in the backseat of a car that was pulled over for an illegal lane change. When two handguns were found in the car, Lomax suddenly found himself subjected to a curbside gunshot residue test, which took two hours. He passed—no evidence was found that he’d recently fired a gun. During the course of the traffic stop, several patrol cars brought to the scene witnesses of two earlier crimes, asking if Lomax was involved. None of the witnesses implicated him in either incident. Along with the driver and other passenger of the vehicle, Lomax was still arrested and charged in connection with two armed robberies, one of which ended in the fatal shooting of Nasser Akbar.

Lomax was held from September 1, 1994, until March 13, 1995. On that morning, all charges against Lomax were dropped, but the case against him proceeded anyway, even though the prosecution did not formally refile the complaint or rearrest Lomax. This was technically a violation of the penal code, but Lomax wasn’t informed that the charges had briefly been dropped until years later. In the meantime, he was found guilty, based largely on the testimony of Angela Toler, the other passenger in the vehicle Lomax had been riding in. Toler recieved a lighter sentence in return for her testimoney.

No physical evidence connects Lomax to the murder of Nasser Akbar. No gunshot residue was found on him at the time and his fingerprints were not on either gun. A surviving witness to the robbery stated that there were two assailants: a woman, and a man with dreadlocks, which Lomax did not have. Another witness cleared Lomax in the initial field identification, but later changed his story to match Toler’s. In return, the authorities dropped $1,600 in unpaid parking tickets and a charge for possession of an unregistered handgun against the witness (the official explanation was that authorities were eager to prevent the witness from going to prison, where his life might have been in danger). Prior to the trial, the witness never gave any descriptions that matched Lomax.

Darrell Lomax has been on death row since 1995.

Source

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Oran Jones

[ Case description to come ]

News report from October 1992:

A former death row inmate may soon be free, thanks to the efforts of Oklahoma’s NAACP director.

The state Pardon and Parole Board recommended a parole to Colorado for Oran Jones, who at one time faced the electric chair for the 1974 robbery-slaying of an Oklahoma City motel owner.

Parole board members were set to deny clemency for Jones until the Rev. Wade Watts of McAlester testified on his behalf Thursday.

Before hearing Watts’ remarks, one board member even interrupted an Oklahoma County prosecutor’s objection of Jones’ clemency bid, saying the protest wasn’t necessary.

“I had him marked ‘no’ originally,” said Carl Hamm, the board’s vice chairman. “Reverend Watts was what influenced me. ” Watts said Monday, “I have kept up with this boy for several years. All the guards have spoken very highly of him. They say not only has he never caused any problems, he’s actually kept trouble down. ” Jones, 41, is part of a prison group that speaks to youth groups and tries to steer them away from lives of crime, said Watts, who is the state’s executive director of the National Association for the Advancement of Colored People.

Watts said he has spoken before the parole board on behalf of “a dozen or more” inmates, “and only one has turned out bad. ” He also said he had doubts about Jones’ conviction for the slaying of Ealam Stanley at a motel in the 2100 block of NE 23.

The court transcript showed that Jones accepted an immunity offer to testify against another suspect, then was charged with first-degree murder anyway, Watts said.

“I think he was there (at the motel), but I don’t think he was the triggerman,” Watts said. “If I thought deep down that he was guilty, I wouldn’t have gone to bat for him. ” Jones was among several Oklahoma inmates whose sentences were modified to life a year after the U.S. Supreme Court declared the death penalty unconstitutional.

A parole board official said it was the first time in several years that clemency had been recommended for a former death row inmate.

The board voted 3-1 Friday to approve a parole only to Colorado after a family member from the Denver area said Jones could live with her.

Colorado officials have not said whether they will accept Jones’ plan, said Jerry Massie, Oklahoma corrections department spokesman.

Discussion here

Marlon Howell

Marlon Howell was convicted and sentenced to death based on a ridiculous lineup and testimony from two admitted criminals who had a whole lot to gain. He’s still on death row. And the attorney general of Mississippi is doing all he can to ensure that the man will be executed.

Source: Radley Balko When public officials can’t be bothered with innocence Washington Post, October 6, 2015

Long VICE article

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Harvey Windsor

Harvey Windsor was wrongfully convicted of the murder of Rayford Howard and Randal Pepper.

Both were shot by Lavon Guthrie and an accomplice on February 25, 1988.

The question in this case is the identity of the accomplice.

Harvey Windsor was convicted on the basis of

(a) An obviously dubious eyewitness identification placing him with Lavon Guthrie on the day of the murder.

(b) An invalid fingerprint identification.  The state’s fingerprint expert, Ms. Carol Curlee, “made only one fingerprint identification of Mr. Windsor, that on the cigarette butt. On cross-examination Ms. Curlee admitted that this was only a partial print, and that she could not recall how many ‘points’ of similarity there were between that print and Mr. Windsor’s file prints.”
( from the appeal ruling ).

• Two alibi witnesses testified that Harvey Windsor was in fact elsewhere at the time of the second crime.
• Other eyewitnesses failed to identify Harvey Windsor as the accomplice, and gave descriptions that did not match him.

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Arron Adams

Arron Adams was convicted of conspiracy and robbing the same bank 3 times in 2009 in Tamarac, Broward County, Florida, and sentenced to 15 years.

The co-defendant was acquitted and has given sworn statements that Arron is innocent and should also have been acquitted. The conviction was based on prosecution misconduct, failure to disclose exculpatory evidence, misidentification and evidence tampering.

DNA and  fingerprints did not match Arron.

There is a petition here by his grandparents, and an older (closed) petition here with 197 signatures.

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William Ziegler

We got cops perjuring themselves in court…

News Report on exoneration April 16, 2015

Post-Release Interview

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Daniel Benjamin Blan

Daniel Blan was convicted of the murder of Michael K. Bernos on July 27, 1994.

Daniel was convicted on very weak evidence, however Tony Quience was arrested on March 11, 1995 and convicted of the same murder. The jury that convicted Daniel were not aware of Quience’s involvement.

One state witness was a woman who was forced to lie. Another was a drug addict who was in jail with Daniel. Later he admitted he was too high on drugs to remember anything, and days after he testified that he was not being compensated for his testimony. He was charged with 12 counts of first degree robbery. Four of those were life with no parole. All but 7 were dropped and those were taken down to misdemeanors. And he later admitted he wrote the Attorney General office for a favor and was given that favor.

The death certificate says Bernos died approximately 6 pm. Daniel clocked out of work at 5:01. It takes an hour and a half to get from Daniels work to the victims home. without traffic.

A witness told police that two black men were in a car driving fast from the house hours before the murder, and they ran the witness off the road.

Bernos was a pedophile, and one of Quience’s school teachers.  While in jail, Quience confessed to 2 undercover officers than he killed Bernos, who owed him money for drugs.

Rosa Davis of the attorney general office was aware that Bernos had raped and molested numerous boys. That information was never disclosed to the defense.

Despite numerous appeals, Daniel remains in prison. Daniel had an alibi. Two witnesses testified that he was with them till 8:30 pm. At one appeal his court appointed lawyers weree asked why they did not get the charges dropped due to alibi. Both answered “I don’t know”.

Transcripts and other documents are available here.

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Donald Deardorff

Donald Deardorff was falsely implicated in the 1999 home invasion, robbery and  murder of businessman Ted Turner in 1999 by the true perpetrator Millard Peacock, convicted of murder and sentenced to death.

Peacock had given him the a box to hold for safekeeping for two days. Donald became curious about the contents of the box and opened it and was surprised to see a gun and money.

When Donald heard Turner was missing, he got in a car with his girlfriend, Christy Andrews, and they rode around looking for Peacock so they could return the box to him. They stopped at a Wal-Mart, and were then stopped by the police, who were investigating the murder.

Peacock was arrested in Mississippi on October 5, 1999. He gave numerous conflicting statements to the police, and in July 2001, he agreed to “cooperate fully” and led the police to Turner’s remains.

Peacock testified against Donald at trial. In exchange for his testimony, Peacock pleaded guilty to two theft charges and received a 15-year prison sentence.

Recovered DNA, recovered handwriting samples, hair samples and other evidence excludes Donald. At this time no testing has been done to determine who it belongs to. Phone records prove that Donald was somewhere else, in a Rule 32 hearing a witness who was friends with the victim testified that she saw Peacock and the victim together at a time when Peacock claims that the victim had already been kidnapped. There are many many other issues that point to innocence.

There is no reliable independent evidence against Donald, only the word of Peacock, whose guilt is not in doubt.

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Anthony Ray Hinton

Anthony was convicted of two shooting murders at fast food restaurants near Birmingham, Alabama in 1985. There were no eyewitnesses to either crime, and the fingerprints lifted from each crime scene did not match Mr. Hinton. The only evidence linking Mr. Hinton to the murders stemmed from a third shooting at a fast food restaurant in Bessemer. The victim in the third shooting did not die and misidentified Mr. Hinton as the assailant. At the time of the third shooting, Mr. Hinton was working in a locked warehouse 15 miles from the crime scene. His supervisor and other employees confirmed his innocence.

The State claimed that bullets recovered from all three crimes were fired from the same weapon and claimed that they matched a weapon recovered from Mr. Hinton’s mother.

In June 2002, three of the country’s top gun experts testified that they had examined the state’s evidence and concluded that the crime bullets could not be matched to the weapon recovered from Mr. Hinton’s mother and that the state had erred in making that claim.

After a long legal saga (including a successful appeal to the US Supreme Court), on September 25, 2014, Jefferson County Circuit Court Judge Laura Petro ordered a new trial for Mr. Hinton, and the Court of Criminal Appeals upheld that decision on November 21, 2014.

On April 2, 2015 the case was dismissed due to lack of evidence.

Anthony was represented by the Equal Justice Initiative.

News

• April 2, 2015 : Case Dismissed
• March 17, 2015 : Judge sets 3-week deadline for ballistic tests al.com
• March 13, 2015 : Alabama’s stubborn refusal to seek justice al.com
• February 24, 2014 : United States Supreme Court ruling

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Report at National Registry of Exonerations

Charles Ajokolo

Charles reported that he had been burgled, and property including two guns were taken. The detective he reported the theft to then framed him for an earlier attempted robbery (involving a gun) using a fixed photo line-up. Defense counsel failed to bring up inconsistencies recorded in a 911 call, or in fact do anything of any use whatsoever.

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Jon-Adrian Velazquez

Jon-Adrian “J.J.” Velazquez was convicted of second-degree murder and sentenced to 25 years to life for the shooting death of Albert Ward at the illegal gambling parlor the former NYPD officer operated. On Jan. 27, 1998, about half a dozen people, nearly all drug users or dealers, were inside the gambling parlor when two men came in and announced a robbery. Witnesses told police that one of the men had a gun; the other started binding people with duct tape. A struggle ensued and Ward, the former cop, was shot once in the head.

Velazquez, who said he was at home speaking on the phone with his mother at the time of the robbery, has always maintained his innocence. His case and new information suggesting he may have been wrongfully convicted were the focus of a “Dateline NBC” investigation last year and his innocence has been championed by actor Martin Sheen.

The initial descriptions of the gunman was entirely incomatible with Velazquez.

The witness who first identified Velazquez, now says that when he was brought in by police to look at photos, he had 10 bags of heroin in his possession. He also said that police pressured him to make an identification. Only after he picked someone at random – who turned out to be Velazquez — was he allowed to leave the precinct station, he said, adding that he was allowed to take the drugs with him.

A second witness, who had identified Velazquez in court, also recanted, saying “I told police that this was the guy and I was sure, but this was not the truth.” The witness, who was facing a drug charge of his own at the time, said, “I felt pressured because the police were threatening to arrest me.”

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Kara Garvin

Featured case #47

On December 22, 2008, between 6 and 6:38 pm, a man, his wife, and his 20-year-old daughter were shot in an execution style murder. Their 6-year-old grandson was present.

The child ran to a neighbor who called his mother and her uncle. He then called 911. On the 911 call the child said a girl with black hair came in and shot his papaw, mamaw and sissy, he did not know her name. The child could NOT have seen what he testified to after being coached by the State – his original statements are in conflict with his testimony. Kara’s hair was blonde not black.

There was no physical evidence linking Kara to the crime, and other conflicts in the State’s theory.

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Tim Casner

Tim Casner was convicted of burglary and sentenced to 26 years in prison. The prosecution’s key witness was Casner’s uncle, Gary Lewis, a drug addict facing a decade in prison on narcotics charges. He traded his testimony against his nephew for leniency. But Gary Lewis has since signed an affidavit recanting his testimony. He told ABC15 Investigators he lied on the stand after he was fed information.

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Glenn Fritz

Fabricated/coerced identification in Missouri.

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