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Showing posts with label Wrongful Conviction. Show all posts
Showing posts with label Wrongful Conviction. Show all posts

Friday, December 13, 2013

How to Survive in Prison as an Innocent Man Convicted of a Sex Offense (Revised 2013)

From: Issues in Child Abuse Accusations 1997  http://www.ipt-forensics.com/journal/volume9/j9_3_6.htm

I wrote the following way back in the 1997 while I was doing time in Oregon. A rather easy prison system to do time in. I was young, tough, and adamant about my innocence. When I did time in the notorious California prison system starting in 2001 I received a huge wake up call. These are real prisons here. I had never seen so much violence in my life. Every time a riot kicked off I was somehow right in the middle of it. I still walked the mainline, but was always concerned about my safety. If my status as a "convicted sex offender" would of came out I could of been killed. Would not have mattered to "my bros" I was innocent. They would of tried to kill me. In 2006, Jessica's Law was passed by CA voters and I went on the run again. I've lived "underground" off and on for the past 25 years trying to escape The Sex Crime Witch Hunters. I always knew I would be recaptured. I always am. Only this time I decided that when I was arrested I was going to put myself In Protective Custody (PC). That's exactly what I did in 2008. Should of done it years ago! What the hell did I have to prove. If your convicted of a sex crime, even if your innocent - go PC ! It could save your life. Another view of mine that has changed is my attitude on taking Psych. Meds in prison. If you're going nuts in there get on medication. The following is an old article of mine, but still has some useful information.


Psychology Editor's Note: This article includes some strong views that may be surprising and challenging.  We have chosen to publish it because we believe prisoners have a right to seek interaction with those outside the prison walls.  We also believe there are many innocent men and women in prison who are wrongly convicted of sex offenses.  They too, have a right to stand up for their innocence.  One of the more poignant episodes in our lives was in June, 1985, when Lois Bentz, accused with her husband, Robert, of sexually abusing children in Jordan, Minnesota, was told by her attorney about a very attractive plea bargain.  With tears running down her face, Lois said to us, "I did not do it and I will not say I did something I didn't do."  The Bentzes rejected the plea bargain and went to trial.  The Bentzes were acquitted and the Jordan case is often regarded as the beginning of the "backlash" that has led to increased awareness of false accusations and the reversals of several highly publicized convictions in recent years.
Still there are many many lesser known cases where Large numbers of innocent people remain behind bars.  We receive letters every week from men and women in prison who assert their innocence.  For years we have agonized about what we can do in response.  The most we have been able to do is to try to stay in contact and provide information to assist those working on appeals.  Based upon our experience with Ms. Bentz, we have also tried to say what Mr. Anderson repeats several times in this article — maintain your own personal integrity.  Mr. Anderson tells us how he has done this for himself.  It may not be a way that works for everyone, but this is what he tells us works for him.  We believe Mr. Anderson is very likely to walk out of prison when his time is served and be standing up straight and tall.

Your only exposure to what prison is like has been through movies that sensationalize the violence, drug use, and sex in the big house.  The prison bus you're on rounds a lonely highway corner and you get your first glimpse of what is to be your home for the next 10-odd years — a steel, razor wire, and concrete house of pain.  You wonder how you'll ever make it out of this hate factory alive.  You imagine your first day being gang-raped by six huge, tattooed lifers, by the end of the week you're being sold up and down the tier for cigarettes, and within a month, you're found dead in your cell with a twelve-inch "shank" protruding from your chest.  Not only are you the new fish in the cell block, but you have been convicted of a sex crime, and you've heard how convicted sex criminals are abused in the joint.

You're one of the thousands of innocent men wrongly convicted of sex crimes in the U.S. every year.  Won't it matter to your fellow prisoners that you are not a sex criminal and are completely innocent?  Not in the least.  It is possible, though, to make it through prison even though you were convicted of a skin beef.  You can not only live through the prison experience, you can claim some degree of victory at the end of your unjust prison term.  Life will be neither easy nor fun for the innocent man convicted of a sex crime and sent to prison.  But, surviving prison is not impossible.

I have spent over seven years in maximum-, medium-, and minimum security prisons after being wrongly convicted of first degree rape — the result of my having been falsely accused of date rape by a mentally deranged woman with a history of falsely accusing men of sex crimes.  I am writing this from the Oregon State Correctional Institution.  Although life has not been easy for me in prison, I have managed to keep my self-respect, my dignity, and my integrity.  I have spent months in solitary confinement for defending myself when necessary. I have allowed no prisoner, no prison guard, and no member of the parole board to disrespect me due to my wrongful conviction.  I have consistently maintained my innocence, even when doing so has added years to my prison term.

I earned a college degree behind bars, and have even escaped from prison once.  To help other innocent prisoners, I founded the Society Against False Accusations of Rape (SAFAR), and for five years have published the underground prison publication, The SAFAR Newsletter.  Currently, I'm working on my book, Falling on the Deaf Ear: False Accusations of Rape, Child Abuse Hoaxes, Innocent People in Prison and How to End the Sex Crime Witchhunt.  I know first-hand what it is to be an innocent man in prison, wrongly convicted of a sex crime, and I know how to survive the prison experience.

Now that you have been falsely accused of rape or child abuse, been convicted in record time, lost all your assets along with your reputation, and been sentenced to 10 years in prison by a judge who couldn't care less that you are innocent, you would think your troubles are over.  Think again.  You not only have to make it out of the prison with your life and sanity, but with your self-respect, honor, and integrity intact.  Let's face it.  After being wrongly convicted of a sex crime, your sanity, self-respect, honor, and integrity is all you have left.  Prison will not break you if you are a man — or learn to become a man, even though the main goal of prison officials is to sap the soul from men, and spit out castrated, submissive males.  With all the odds against you, it is even possible to walk out of prison a better man with your head held high.  Again, it will be neither fun nor easy, but what battle ever is easy?  You can either walk out of prison with your manhood intact knowing you beat the corrupt prison industry or you can crawl out on your belly as a hated sex offender.

Outside Contacts
Don't fool yourself that the community will be outraged that you were convicted and sent to prison for a crime you didn't commit or that may have never even occurred.  You are now a convicted sex offender and your innocence means nothing.  You're the lowest of the low, in and out of prison.  There will be no mass protests at the prison gates demanding your release.

Most people believe the propaganda of the sex crime witch hunters and probably feel you should die in prison.  Most of your friends will abandon you and even some members of your family will turn their backs on you.  Only your very best friends and your immediate family will stick by your side at first and most of them will fall by the wayside in the coming years as you rot in prison.

One of the most important things for the innocent man in prison is to maintain contact with at least one person on the outside.  This person can help you try to prove your innocence and keep you current on what's happening outside the prison walls.  If you can maintain contact with at least one free worlder to help you, you'll be doing a lot better than some prisoners.  Many prisoners lose their friends and their own families and are isolated in prison with no contact with the outside world.  You are going to be walking into prison alone and will be alone while you do your time.  You need at least one ally in the outside to help free yourself from the nightmare of being thrown in a cage and given the scarlet letter of a convicted sex offender for a crime you did not commit.

Prison violence
For the most part, prisons and correctional institutions are not the hell holes of years past.  The "get tough on crime" craze has mutated into "get tough on prisoners."  Although prisons are not for continued and endless punishment, politicians don't want to educate or rehabilitate prisoners.  Prisoners are to be warehoused like the commodities they've become.  College courses and vocational training in prison are a thing of the past.  With all the new prisons being built in the U.S., doing time has become quite sterile — even safe — because all the new prisons are so controlled and high-tech that prisoners now spend most of their time in their cells.

The idea that prisoners really run the joint is a myth.  Some of the older prisons are still dangerous, but these are slowly being phased out.  It used to be that only the worst, most dangerous, and most hardened criminal was sent to prison.  It was no wonder that penitentiaries were dangerous.  But these days, with so many first-time offenders doing mandatory prison terms and so many people being sent to prison, the nation's lock-ups have become diluted with nonviolent prisoners.  Today most prisons can even be considered safe.

In all my years behind bars, I've never seen a murder, a stabbing, or a rape.  I believe some prisoners try to brag how tough prison is to make themselves look tough.  They romanticize their prison experience by telling their friends and family how brutal prison was and how they had to fight for their lives every day.  Prison, however, may be harder for the innocent man convicted of a sex crime because of the scorn.  In the old days, a convicted sex offender — innocent or guilty — was sure to get physically attacked.  Today, that is not the case.  A man wrongly convicted of a sex crime can make it out of prison unharmed if he stays on his toes and keeps alert.

What about all the violence you read about what goes on in prison?  Of course, violence does happen in U.S. penitentiaries, but with over 1.6 million Americans locked up these days, the chance of being one of the few hundred inmates who are killed or seriously injured is slim.

Standing Up for Yourself
Because you were convicted of a sex crime, you will not be winning any popularity contests with your fellow prisoners.  At first, the other prisoners may mark you to be victimized and harassed.  If you don't stand tall and fight back, you'll be victimized your entire prison term.  You must stand up for yourself when you are tested by some idiot who thinks you're a rape-o, "Chester," "tree jumper," or "freak."  In 1989, I was compelled to beat a man who attacked me with a folding chair.  Besides a little blood, neither one of us was hurt badly.  I did accidentally break a guard's hand in the melee and I've also had to fight a couple of other morons who disrespected me, but I haven't had any trouble in years.  It is well worth it to spend a few months in solitary confinement for defending yourself when the option is being harassed continually in general population.  Another option is hiding for years in Protective Custody (PC), totally separated from the rest of the prison, and locked in a cell for 24-hours a day.  But only the weakest prisoners go PC, and I don't recommend it.

For the most part, even for the wrongly convicted sex offender, if you don't owe debts from gambling or drugs, and if you stay away from the homosexuals, keep your head down, don't bother anyone, and don't act like a wimp and whine about your wrongful conviction, you won't have to worry about prison violence.  There is very little chance that you will be killed or even stabbed.  But, if something does happen and you need to defend your good name, be a man and do it.  In prison, your good name is all you have.  If trouble comes your way in prison, you have to deal with it on the spot.  Where are you going to run?  You're in a cage.

Inmates and Convicts
During my years in prison I have found that there are two types of prisoners — inmates and convicts.  Inmates will not fight if their lives depend on it and they will kiss any ass that comes their way.  Inmates are the type of prisoners who go on national TV to praise prison officials and prison programs for straightening out their miserable lives.  The inmate has no loyalty to anything or anyone except himself.  Inmates will do anything to please their captors and cheerfully inform and rat on other prisoners for breaking prison rules.  Inmates are not men.

Be aware that you can't always tell an inmate worm by his cover.  The biggest, baddest killer on the tier can be the biggest, snitch rat in the joint.  On the other hand, convicts used to be very common in U.S. prisons, but are now a dying breed.  A true convict would never rat on anyone, would take no disrespect, would fight when necessary and would be loyal and live by a code of honor.  Unlike an inmate, a convict is a man.

A convicted sex offender will never be considered a true convict by other prisoners, but you can live by your own code of honor in prison.  Never whine or complain about your wrongful conviction; sniveling will only make you appear weak and make you a target.  Other prisoners don't care about your innocence.  The prison hierarchy has you at the bottom of the prison barrel.  Your jacket is that of a sex offender but it's up to you if you wear this degrading jacket.  You will find that the only prisoners who hang around the sex offender are other wide-eyed, scared, spineless sex offenders.  Even though prison is going to be very lonely for the innocent man convicted of a sex crime, you don't want to befriend confessed sex offenders.  Also, stay away from the prison chapel.  For some strange reason, confessed sex offenders always find God in prison and carry their Bibles for all to see to show how repentant they are.  In short, even though no one convicted of a sex beef can be a true convict, you must strive to be one.

Talking About Your Conviction
You may think that if you don't tell any of your fellow prisoners you were convicted of a sexual offense that no one will be the wiser and you won't be harassed.  You may think that you can tell people you're a bank robber and even be a hero in prison.  Nice try, but lying about what you were convicted of will not work.  There are no secrets in prison, especially on why you are there.  You're in prison now, and any possibility of privacy or keeping secrets is long gone.  Be honest when talking about your wrongful conviction and get ready to defend yourself if it becomes necessary.

All of the convicted sex offenders (innocent or guilty) whom I've heard tell other prisoners that they were burglars or robbers in an effort to hide their convictions were eventually exposed.  If you lie about your conviction, you will be exposed.  Then, any attempts to claim innocence will not be believed and your prison time may get very tough.  Don't advertise your wrongful conviction, or the facts of your supposed crime, but when asked why you're in prison, be honest.

Although a convicted sex offender can never gain full respect in prison, I've managed to gain some measure of respect by being truthful about why I am in prison, and fighting when necessary.  Sure, some punk may call me a "rape-o" behind my back, but no prisoner ever disrespects me face to face.  With so many innocent men being sent to prison these days on false accusations of rape and child abuse, the general prison population is starting to understand how widespread the sex crime witch hunt has become, and how many innocent men are now in prison due to false allegations.  False reports of rape and other sex crimes are so common that an innocent man wrongfully convicted of a sex crime will not be alone.

Prison Guards
The men and women who hold the key to your freedom (the prison guards) should be considered your enemy.  There is a reason that surveys on job status and job satisfaction often rate being a prison guard as the lowest job a person can hold.  No one respects prison guards, and they know it.  What kind of man or woman would want to examine body openings for contraband, turn keys, and stand around and do nothing for a living?  Prison guards hate their jobs and blame prisoners for their unhappy and unfulfilled lives.  It takes no ambition, no talent, no drive, or any creativity to be a corrections officer.  Even police officers know this, and look down on the lowly prison guard.  Think about it.  Does any kid have dreams of being a corrections officer when he or she grows up?

The Golden Rule to remember not only about prison guards, but about anyone that works inside the prison in which you are held captive, is to stay as far away from them as possible and avoid even talking to them unnecessarily.  Even if you happen to run across a prison guard who appears to be halfway human, don't befriend him.  Every inmate whom I've seen develop any type of friendship with any prison employee was, in the end, betrayed and shunned by other prisoners.  Don't collaborate with anyone other than fellow prisoners while in prison.  Every prison official or staff member is your enemy.  Never forget that.  They will gladly shoot you in the back if they feel the need.  Don't make eye contact with the people who work at the prison because if you avoid eye contact they will leave you alone.  The less contact you have with prison employees, the better off you will be.

In all my years in prison, I've observed hundreds of prison guards and only a couple could be considered normal.  The typical male guard I have encountered is not someone you would consider a winner.  He is usually a skinny geek (or is extremely overweight), is undereducated, has no ambition and is sadistic.  His idea of success is a monthly state paycheck, a trailer home, a 12-pack of beer, and nightly TV.  The typical female prison guard is homosexual, physically unattractive, overweight, and more masculine than most male prison guards.  She's mad at the world for not being born a man and she takes her penis envy out on prisoners.

I fully admit my dislike for prison guards because I am convinced that every prison guard in the U.S. has witnessed, encouraged, and/or participated in the torture or murder of prisoners.  Prison guards are cowards with a badge who are protected by the state and prison guard unions.  Your only allies in prison are other prisoners.  Never forget it.

Keeping Fit
One of the most important things to do while doing your prison time is to keep in the very best physical shape possible.  Every prison has a weight room, and I strongly suggest pumping iron.  Being in top shape not only feels good, but it's good for your head and will help you think more clearly.  By working out, running, exercising, and eating as well as possible, you will be physically able to defend yourself in case of any violent situations.  You will also be able to think straight to combat your unjust conviction.  All the guys whom I've seen go insane in prison did not care about their health.  They rotted in front of a TV for years until they were just a shell of a man.  At age thirty-five, I am now in the best shape of my life and feel great.

Another reason to stay healthy in prison is that medical services are notoriously horrid.  One of my worst prison experiences was when our prison doctor told me that blood tests indicated that I had liver cancer.  He smiled gleefully as he told me I had only a year to live.  I tried to learn more, but he refused to answer my questions and ordered me out of his office.  For months I thought I was going to leave this mad house on a slab.  I learned later that my blood test indicated only that I had been exposed to hepatitis in the past.  The good prison doctor told me I was dying for his own sick amusement.

Dental services are just as bad in prison.  I'm currently waiting to have a back molar filled.  I cracked my tooth on a rock in some chili in the chow hall.  I've been on the waiting list to see the dentist for over six months now, and will probably lose the tooth due to neglect.  There is nothing I can do about it.

While in prison, stay in shape, work out, run, and try to eat well — even though that's nearly impossible with the garbage that passes for food in prison.  But, although you may get depressed, lonely, and frustrated in prison, never go to the prison psychologist.  Prison shrinks only want to drug prisoners into submission.  One of the newest fads in corrections is tranquilizers that are given out like candy to pacify and control inmates.  What better way to turn prisoners into submissive zombies than by medicating them for depression and anxiety.  Don't fall into the medication trap in prison.  You need to be clear-headed while doing time, not in a drugged-out haze.

When you go to prison, settle down and find a positive routine.  After the shock of prison wears off, and the other prisoners figure out you will defend yourself, you'll be left alone to do your time.  Don't sit around vegetating in front of a TV, playing cards or reading westerns.  Don't waste your time complaining about your wrongful conviction and what a poor victim you are.  Don't turn into what I call a "prison zombie" who does his time like he's waiting to die.  Your main mission in prison will be trying to get your unjust conviction overturned.  Learn as much about the law and the corrupt legal system as you can.  Get to know the prisoner law clerks in the law library, and spend as much time in the library as possible.  Study every aspect of your case, and stay on top of your attorney.  Your lawyer is not the one in prison, you are.  The appeals process takes years.  Prisoners rarely win a new trial because the criminal justice system is not about truth and justice, but you can't win if you don't try.  Fighting the legal system will be frustrating and depressing, but try not to give up hope.
Not only do we prisoners have to stick together, but we men must also join forces in our fight against feminism.  Become a soldier in the Men's Rights Fight.  Contact the anti feminist, pro-family men's groups in your area, as well as some of the national groups.

Sex Offender Treatment
One of the most profitable scams in the prison behavioral modification business is the sex-offender treatment industry.  Because you were convicted of a sex offense, you are now fuel for the sex-offender treatment profiteers.  You will be expected to confess to your crime, end all appeals for a fair trial, dismiss all delusions of innocence, and participate in sex-offender treatment along with admitted child molesters and serial rapists.  Confession is the main tenet of sex-offender treatment.  It does not matter to prison officials that you have always maintained your innocence and are in the process of appeal.

Thousands of people work in the sex-offender treatment industry and to justify their high-paying state jobs you must confess to your offense.  You are the meal ticket not only of prison guards but also sex-offender treatment providers.  As a wrongly convicted prisoner, you should have nothing to do with sex-offender treatment.  Be a man, and stand up for what is right.  There will be repercussions for you for not confessing and becoming another admitted sex offender.  You will be denied any good-time off your prison term and early parole will be out of the question.  I have always refused to even speak to sex-offender treatment counselors.  Not only have I been denied any time off my sentence for good behavior, but the Oregon Parole Board has labeled me mentally unfit and dangerous to society because I refuse to confess, show remorse, and beg for forgiveness.
Not only should you avoid sex-offender treatment, but I suggest you refuse to participate in any behavior modification programs in prison.  Don't admit anything to prison officials or prison counselors.  Those who work in the behavior modification industry behind prison walls will use anything you tell them against you.  Tell them nothing about your past.  Prison counselors are not your friends.

Never talk to any prison psychologist. There is no faster way to be labeled mentally and emotionally unfit than to trust a prison psychologist.  As a convicted sex offender, innocent or not, you are the bread and butter of the sex-offender treatment industry, prison counselors/psychologists, and prison guards.  The only way they can justify their jobs is to keep you in their prison programs as long as possible.  Be aware of their true motives, don't trust them, tell them nothing, and never doubt yourself.  You owe them nothing.

You are an innocent man in prison.  Act like one, and good luck my friend.

Thursday, June 14, 2012

How Innocent People Land in Prison

From: http://www.mcclatchydc.com/2012/06/12/151901/commentary-how-innocent-people.html
Commentary: How innocent people land in prison

David Quindt can't escape the 15 months he spent in Sacramento County jail for a murder he didn't commit.
He moved all the way to Hawaii for a fresh start, yet he doesn't want to completely forget. Each semester, he tells his story to law school students to "open their eyes" about how criminal justice in America can go terribly wrong.
Now, Quindt has his own little piece of the new National Registry of Exonerations, the most complete database of its kind ever, about 900 cases since 1989 – and counting.
These exonerations "point to a much larger number of tragedies that we do not know about" because there are many more people who are falsely convicted but aren't able to exonerate themselves, say those who compiled the registry at the University of Michigan and Northwestern University law schools.
The registry is a big deal to those who try to help wrongly convicted people, and rightly so. They say it documents that there are common problems that cause the vast majority of false convictions: mistaken identifications by eyewitnesses, unfounded accusations and misconduct by law enforcement.
"Here is proof," says Jeff Chinn, associate director of the California Innocence Project.
While this is an immensely complicated issue, he and other advocates argue convincingly that there are some relatively simple, inexpensive solutions that could prevent many wrongful convictions, such as videotaping interrogations, changing identification procedures and improving training for police and prosecutors. Many of the fixes have the support of the International Association of Chiefs of Police, which plans a summit on the issue in August.
Those who unveiled the registry May 21 and issued a report analyzing the cases call for police, prosecutors and defense lawyers to work together to reduce false convictions. That doesn't seem too much to ask. Yes, we have an adversarial system of justice, but all sides should be able to agree that these miscarriages of justice are doubly devastating – innocent people lose years of their lives and the guilty go unpunished.
Not everyone, though, is convinced that the registry is a call to action.
National prosecutor groups are questioning whether the "exonerations" involve truly innocent people and argue that mistakes are rare and almost always unintentional.
District Attorney Jan Scully, Sacramento County's top prosecutor for 18 years, says while such efforts are "laudable," they are also misleading because the rate of wrongful convictions is "infinitesimal," given how many criminal cases are filed each year. She worries that such reports can undermine public confidence in the justice system's integrity.
In particular, she disputes that two of the three Sacramento County cases cited in the report are really exonerations, as the average person would understand the definition.
• Case No. 1: Among "group exonerations" – not counted in the registry total – the report mentions the 2010 dismissal of drunken driving and other charges against 79 defendants because former Sacramento Police Officer Brandon Mullock is alleged to have mishandled the DUI stops and falsified reports.
Scully, however, doesn't consider those drivers to be "exonerated" because they were in all likelihood guilty. She just couldn't make the charges stick without a credible witness.
• Case No. 2: Gloria Marie Killian was found guilty of first-degree murder in a 1981 home invasion in Rosemont. In 2002, after 16 years in prison, she was granted a new trial by the 9th U.S. Circuit Court of Appeals, which ruled that a prosecutor used perjured testimony and withheld evidence.
Scully declined to put Killian on trial again, mainly because she was already eligible for parole and because key witnesses had died. But that doesn't mean she was innocent, the district attorney says.
• Case No. 3: Quindt was convicted and faced a life sentence in the 1998 shooting death of 18-year-old Patrick Riley Haeling. A 15-year-old girl inside the Fair Oaks home identified Quindt as one of the gunmen, but another man later confessed.
Scully agrees this is an exoneration. But she points out that Quindt was freed only through the efforts of one of her deputies, Mark Curry. He prosecuted Quindt, then after the trial, pursued an anonymous tip that led to the arrest of three new suspects, who were all later convicted or pleaded guilty.
"The system worked," Scully told me.
Reforms stymied in California
Questions about whether the system works well enough have percolated for years in California. The California Innocence Project, created in 1999 at California Western School of Law in San Diego, has helped exonerate 10 people, most recently Brian Banks, a Long Beach high school football star whose rape conviction was dismissed last month and who is now trying out for the NFL. The Northern California Innocence Project at Santa Clara University's law school has 11 exonerees to its credit since starting in 2001.
In 2004, the Legislature created the state Commission on the Fair Administration of Justice to study wrongful convictions and find ways to prevent them. Before disbanding in 2008, it made a series of recommendations, but then-Gov. Arnold Schwarzenegger vetoed bills to turn them into law. Last year, Gov. Jerry Brown signed one reform suggested by the panel. Senate Bill 687 says a defendant can't be convicted based solely on the uncorroborated testimony of jailhouse informants, who are often unreliable.
Some states and cities have reformed their eyewitness identification procedures, including "double-blind" lineups in which the officer conducting them doesn't know which of the photos or people is the suspect. But Scully, like some prosecutors, isn't convinced that such an overhaul would lead to a major improvement.
She does agree with another of the exoneration report's recommendations – video recording interrogations to prevent false confessions. Recordings are standard in serious cases, she says.
For more than a decade, Scully's office has worked with attorneys and the Innocence Project to do DNA testing when they present evidence casting doubt on a conviction. Since 2001, there have been 39 requests, but so far no exonerations.
Like some other district attorneys, Scully also keeps a confidential list of law enforcement officers whose credibility is in question because of past transgressions. Senior staffers decide what to do when a case involves an officer on the list, which now includes 46 current and former officers from nine different agencies. Depending how crucial that officer's testimony is, Scully's office can decline to file charges, dismiss a case or disclose the issue to the defense and proceed.
With those safeguards in place, Scully says she doesn't need a formal "conviction integrity unit" like those in some places, including Santa Clara County. "My whole office is an integrity unit," she says.
Virginia Hench, a University of Hawaii law professor who brings Quindt in to speak, credits Scully's office for admitting it made a mistake in his case. "They usually fight tooth and nail," she says. Hench, who helped start the Hawaii Innocence Project, says her students learn a lot from Quindt. "It's pretty powerful to meet someone who went through that experience," she told me.
After release from prison, then what?
Like many of those exonerated, Quindt did not live happily ever after.
The wrongly convicted often get less financial aid and other help than those who are guilty and paroled. That doesn't make sense. The fair justice commission called for more services to reintegrate them into society, including housing, clothing, job counseling and a cash allowance.
Some of those who are exonerated receive compensation from the state if they were wrongly imprisoned. Quindt collected $17,200 – $100 for each of the 172 days he spent in jail after his conviction. He wanted $45,800, which also included his time behind bars awaiting trial.
Some advocates for the exonerated say the maximum compensation ought to increase and claim the state Victim Compensation and Government Claims Board is too stingy in deciding these awards. Of 71 cases since 2000, the board has denied 48 claims and approved only 11, with payments totaling $3.6 million. Another 12 cases are pending.
Quindt quickly spent his award and could have used additional assistance. "It's been a tough road," he told me.
After twice attempting suicide while in custody, he walked out of jail in May 2000 and then had a bout with depression and had trouble finding work. Six months after his release, he walked into a robbery in progress at a Carmichael liquor store and was hit in the head with a beer bottle. Quindt testified and two men were convicted.
After marrying his childhood sweetheart, Christy, things started looking up when he got work as a roofer and a mechanic. But he hurt his back and says he has been on disability ever since.
In 2003, Quindt moved his family to Hawaii, where he just turned 35 and now has three children. "I just had to get away from all the trouble and all that happened to me," he told me.
But trouble followed him.
He says he has been diagnosed with post-traumatic stress disorder from his jail time. In March, he was stabbed by a man he was trying to help in a drug outreach program and almost died.
"I have bad luck," Quindt says, in what seems to be a colossal understatement. "I'm not really bitter. … It's just really sad."
But wrongful convictions aren't a matter of mere bad luck. There are sensible steps that police and prosecutors across California ought to consider to avoid more David Quindts.
IN PURSUIT OF INNOCENCE
For more information about the National Registry of Exonerations, Innocence Projects in California and the administration of justice, go to:
• National Registry of Exonerations: www.law.umich.edu/special/exoneration
• Northern California Innocence Project: http://law.scu.edu/ncip
• California Innocence Project: http://www.californiainnocenceproject.org/
• California Commission on the Fair Administration of Justice: http://www.ccfaj.org/
Read more here: http://www.mcclatchydc.com/2012/06/12/151901/commentary-how-innocent-people.html#storylink=cpy

Wednesday, June 13, 2012

From: USA Today, http://www.usatoday.com/news/nation/story/2012-05-20/wrongful-convictions-exonerations/55098856/1

Wrongful convictions shine spotlight on judicial system

Perjury, faulty eyewitness identification and prosecutorial misconduct are the leading reasons for wrongful convictions, according to the first national registry of exonerations compiled by university researchers.
The database, assembled in a collaboration by the University of Michigan and Northwestern University, has identified 873 faulty convictions in the past 23 years that have been recognized by prosecutors, judges or governors.
The registry's founders say the numbers, which do not include many cases in which innocent suspects plead guilty to avoid the risk of more serious punishments or cases that have been dismissed because of legal error without new evidence of innocence, represent only a fraction of the problem in the nation's criminal justice system.
"What this shows is that the criminal justice system makes mistakes, and they are more common than people think," said University of Michigan law professor Samuel Gross, the registry's editor. "It is not the rule, but we won't learn to get better unless we pay attention to these cases."
Despite the data, the registry concluded that the "overwhelming majority of convicted defendants are guilty."
"Most never dispute their guilt and few ever present substantial post-conviction evidence of innocence," the registry found. "When that does happen, however, it should be taken seriously. …We cannot prevent all false convictions, but we must not compound these tragedies by stubbornness or arrogance or, worst of all, indifference."
Scott Burns, executive director of the National District Attorneys Association, a national advocacy group for prosecutors, said prosecutors in the USA handled about 400 million non-traffic-related cases during the same period studied by the registry. Exonerations "give the gross perception that there is a serious problem with wrongful convictions in this country, and it is just not the case," Burns said.
The cases in the registry were identified from court documents and include catalogs of wrongful convictions maintained by advocates for the wrongfully convicted, including the The Innocence Project, a New York-based group that pursues exonerations through DNA testing.
Since 1989, DNA testing has been responsible for the exonerations of 289 people in the United States, including 17 who served time on death row, according to The Innocence Project.
Among the registry's major findings:
•Of the 416 homicide exonerations, 64% were attributed, at least in part, to perjury or false accusation. Official misconduct by either prosecutors or police, including the withholding of evidence favorable to the suspect, was a contributor in 56% of the cases.
•In the registry's 203 sexual assault cases, 80% involved mistaken eyewitness identification.
•Faulty witness identification was a factor in 81% of 47 robbery cases.
Gross said much of the misconduct involved the failure to disclose information or evidence that might have been helpful to the defendants.
Wrongful convictions represent "our worst nightmare," Burns said. "One is one too many. But I would argue the system is working quite well."

Prosecuters often Challlenge DNA Evidence for Wrongful Convictions

From: The Chicago Tribune, http://www.chicagotribune.com/news/local/ct-met-dna-era-20120613,0,5231219.story

Prosecutors often challenge DNA evidence that could clear the convicted

DNA is readily used to convict, but prosecutors often challenge results from convicts



  • Alprentiss Nash, in a 2010 photo at Menard Correctional Center, is fighting his conviction. A DNA test showed someone else's DNA was on a hat at the crime scene. (Zbigniew Bzdak, Chicago Tribune / September 29, 2010)
When Terrill Swift was released from prison after serving 15 years for rape and murder, he sought DNA testing because he wanted to prove his innocence. Cook County prosecutors opposed his efforts but relented last year after the Tribune made inquiries about Swift's request.
After the DNA from semen in the victim's body was matched to a convicted murderer and rapist, Swift went to court to get his conviction thrown out. But prosecutors opposed that effort, saying the DNA was meaningless, especially when considered against Swift's confession.
A judge turned aside prosecutors' arguments, saying the DNA was powerful evidence, and earlier this year the judge vacated Swift's conviction.
And last month, when Swift went to court to obtain a certificate of innocence to expunge the record of his arrest and conviction and clear the way for him to seek compensation from the state, prosecutors opposed that request, too, saying Swift's disputed confession outweighed the DNA.
Nearly a quarter-century into the DNA era, what has been called the gold standard of forensic evidence has fulfilled its promise to help police and prosecutors win convictions. Rare is the case in which DNA evidence, particularly in a rape or a murder, does not send a defendant to prison.
DNA's potential to free the innocent has been more elusive. That has been especially true in Cook and Lake counties, where prosecutors have opposed requests for DNA testing and then downplayed the results when they excluded their leading suspects or inmates trying to win their freedom.
"When we started doing this work 20 years ago, we received opposition on requests and motions to do post-conviction DNA testing in more than three-quarters of the cases," said Peter Neufeld, a co-founder of the New York-based Innocence Project. "Today … the overwhelming majority of prosecutors do not oppose motions for DNA testing."
What's more, Neufeld said, prosecutors rarely challenge DNA results that appear to indicate a suspect's innocence. Prosecutors in Cook and Lake counties are part of a tiny group that consistently do that, he said.
"That kind of consistent rejection of logic and common sense," Neufeld said, "is fairly unequaled around the country."
Prosecutors counter that DNA is not the "end all" of evidence, as Cook County State's Attorney Anita Alvarez once said, and say they are bound to consider all evidence in a case, not just the DNA. In the cases where DNA has failed to persuade prosecutors, the opposition frequently has been supported by a suspect's confession. For decades a building block of murder cases, confessions remain remarkably potent in spite of what DNA has revealed about their frailties.
"Generally speaking, the significance of DNA evidence varies from case to case," said Sally Daly, a spokeswoman for Alvarez. "In some cases, it may be critically important to a criminal investigation or a prosecution. In others, it can be relatively unimportant. It is the state's attorney's opinion and the general policy of this office that DNA evidence cannot be viewed in a vacuum, but rather examined in light of all of the other facts and evidence known at the time.
"DNA evidence certainly establishes a link between the donor of the DNA and a location or a piece of evidence, but it does not always establish the identity of the criminal," Daly added. "The significance of DNA evidence is dependent upon all other facts available in the totality of the investigation."
A series of cases in Lake County illustrate that standoff.
On May 15, Lake County prosecutors issued news releases announcing new murder charges in two cases — the bludgeoning of Fred Reckling, 71, in Waukegan in 1994 and the stabbings of Laura Hobbs, 8, and Krystal Tobias, 9, in Zion in 2005.
Both announcements credited "newly developed leads and forensic findings … actively pursued by law enforcement." The releases did not mention that the new sets of charges resulted from DNA tests that prosecutors had dismissed as either unnecessary or meaningless.
In the Reckling case, prosecutors fought for years to block post-conviction testing sought by James Edwards, who had confessed and was sentenced to life in prison.
Edwards, often working as his own lawyer, claimed his innocence could be proved by testing blood found at the scene from a then-unidentified man. Prosecutors argued at trial that the blood in Reckling's appliance store and car did not clear Edwards because it could have come from a store employee. They aimed to block post-conviction testing by noting that jurors were presented with that theory, and they still found Edwards guilty.
"Testing of this showing us who specifically (the blood came from) is not going to exculpate the defendant," said then-Assistant State's Attorney Michael Mermel, according to a court transcript. "The defendant is wasting the time of the criminal justice system because he has nothing else to do but write these motions."
After Edwards had spent 14 years in prison, the Illinois Supreme Court ordered the DNA tests. Last month, prosecutors said forensic evidence had guided investigators toward Hezekiah Whitfield, 42, of Chicago, who is now charged with murder.
Prosecutors agreed to a new trial for Edwards and then immediately dropped the charges, though he remains jailed on separate convictions for armed robbery and murder.

Risk of Wrongful Convictions in Plea Bargaining

New Study: Significant Risk of Wrongful Conviction in Plea Bargaining


The nation has been enthralled by the story of Brian Banks. A former blue-chip high school football athlete, Banks served five years in prison after a rape conviction, wore an ankle location bracelet, and was labeled a sex offender for five more years, before his victim admitted the rape never happened. When NFL teams lined up to give him a second chance, the nation reveled in the comeback story but also faced troublesome questions. Why would an innocent person take a plea deal that would send him to prison and  label him a sexual offender? How often does this happen? A new study suggests many are vulnerable to taking a deal even when innocent.
Lucien E. Dervan and Vanessa Edkins report here that over half of the participants in a research study were willing to falsely admit guilt in exchange for perceived benefits. For example, a college student was accused of cheating and presented with benefits in exchange for saving her university the trouble of pursuing disciplinary action against her. She decided to take the deal. Unknown to the student was the fact that she was part of a study to replicate the hard choices suspects face in criminal justice. The study authors, of course, knew that she was innocent of the charge.
Brian Banks agreed to an Alford Plea—he pleaded nolo contendere or no contest. As Mark Godsey explained here, this plea enables the defendant to neither admit nor dispute the charges against him. We all now know that Banks was innocent but, on the advice of counsel, decided not to risk a conviction and a draconian sentence.
The authors of this study cite the U.S. Supreme Court in opinions that acknowledge the potential risk of innocent persons agreeing to plea bargains and the importance of using plea bargaining only in cases in which evidence of guilt is very strong.
In Banks’s case, and in countless others, the testimony of the victim is considered strong evidence in a he-said, she-said crime. Eyewitness identification in stranger-to-stranger cases has often been considered virtually irrefutable evidence. But we’ve learned that a victim can lie, and that eyewitness identifications have been historically wrong 25 percent of the time in thousands of cases in which rape kit DNA has been compared with the DNA of the prime suspect, identified by the victim. These lessons cast doubt on the evidence that has often prompted a suspect to take a plea deal.
The U.S. Supreme Court in Brady v. Maryland acknowledged plea bargaining as a method of adjudicating justice, but it also recognized the potential need to reexamine this practice “if the encouragement of guilty pleas by offers of leniency substantially increased the likelihood that defendants, advised by competent counsel, would falsely condemn themselves.”
Most in the criminal justice system acknowledge that plea bargaining serves a purpose and often results in a fair resolution, saving the time and expense of going to trial presumably in cases in which evidence of guilty is strong or overwhelming. The system would collapse if all cases went to trial. But the case of Brian Banks, the lessons of DNA, and the results of research such as that noted here, suggest that new caution must be given to plea bargaining. We can never permit our need for expediency to trump the pursuit of true justice.