Thursday, March 17, 2011

TIMOTHY COLE; TEXAS SENATE PASSES EYEWITNESS IDENTIFICATION REFORM BILL INSPIRED BY WRONGFUL CONVICTION OF POSTHUMOUSLY EXONERATED MAN; A.P.


"Texas leads the nation in the number of convicts exonerated with DNA evidence, with more than 40 people released from prison since 1994, according to the National Innocence Project. Most of those cases involved eyewitnesses picking the wrong person out of a lineup.

The bill grew from recommendations from the Timothy Cole Advisory Panel on Wrongful Convictions. Cole was the first Texan to be posthumously exonerated of a crime by DNA testing. Cole was wrongly convicted of a rape he did not commit in 1986, and died in prison in 1999 while serving a 25-year sentence.........

The Senate passed a similar version in 2009. Wednesday's 30-0 vote sends the bill to the House, which is considering similar legislation."

THE ASSOCIATED PRESS;

---------------------------------------------------------------------------------

'AUSTIN, Texas (AP) - Police in Texas would have to adopt written policies for conducting live and photo identification lineups of criminal suspects under a bill passed by the Senate on Wednesday that seeks to avoid wrongful convictions,"
the Associated Press story published on March 16, 2011, under the heading, "Senate passes criminal lineup bill," begins.

"Texas leads the nation in the number of convicts exonerated with DNA evidence, with more than 40 people released from prison since 1994, according to the National Innocence Project. Most of those cases involved eyewitnesses picking the wrong person out of a lineup,"
the story continues.

"The bill grew from recommendations from the Timothy Cole Advisory Panel on Wrongful Convictions. Cole was the first Texan to be posthumously exonerated of a crime by DNA testing. Cole was wrongly convicted of a rape he did not commit in 1986, and died in prison in 1999 while serving a 25-year sentence.

Under his original sentence, Cole would have been released this year.

Several former inmates who served decades in prison before their convictions were overturned have testified in support of the bill.

Studies have found that only about 12 percent of Texas law enforcement agencies have written policies for lineups.

The bill by Sen. Rodney Ellis, D-Houston, directs experts at Sam Houston State University to work with law enforcement agencies to develop a model policy. It would include guidelines for instructions given to witnesses before they view a lineup, documentation of witness statements, how to deal with illiterate or non-English speaking witnesses or suspects, and making sure the lineup administrator does not know which member of live lineup is the suspect.

"Eyewitness reform is a very simple, straightforward change to help create a smarter, more just system," Ellis said.

The Senate passed a similar version in 2009. Wednesday's 30-0 vote sends the bill to the House, which is considering similar legislation."

The story can be found at:

http://wvgazette.com/ap/ApPolitics/201103160274

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;