Friday, October 9, 2020

Derek Harris: California: Major (Welcome) Development: Factually innocent; 7 years in prison for armed robbery. The only evidence against him was a single eyewitness identification. Congrats to California Innocence Project.

PASSAGE OF THE DAY: "'Managing Attorney at the California Innocence Project at California Western School of Law Michael Semanchik stated, “The Project initially became interested in the case because the only evidence against Harris was a single eyewitness identification. “Eyewitness misidentifications are one of the leading causes of wrongful convictions. Moreover, thanks to the post-conviction investigation by Harris’ trial attorney, we also knew the true perpetrators had implicated themselves and exculpated Harris in the years following the conviction,” Semanchik continued. Shortly after he want to prison, Harris’ codefendant Desmen Mixon wrote a letter to Harris’ girlfriend and a few years after his apology, Mixon “signed a declaration” and sent it to Public Defender Elizabeth Warner-Sterkenburg Harris’ trial attorney."

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QUOTE OF THE DAY: "Director of the California Innocence Project Justin Brooks stated, “This is the way exonerations should happen. Defense attorneys and prosecutors working together to fix mistakes from the past. My thanks go out to the Los Angeles District Attorney’s Office Conviction Review Unit.”

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STORY: "Factually innocent man  exonerated after spending 7 years in prison for armed robbery," by reporter Lauren Smith, published by The  Davis Vanguard on October 7, 2020.

GIST: "After seven years in prison, Derek Harris was exonerated and released Tuesday.

Director of the California Innocence Project Justin Brooks stated, “This is the way exonerations should happen. Defense attorneys and prosecutors working together to fix mistakes from the past. My thanks go out to the Los Angeles District Attorney’s Office Conviction Review Unit.”

In July 2013, two men committed an armed robbery at Hawking House of Hamburgers. The men held someone at gunpoint and stole his gold chain before fleeing the scene. The victim held at gunpoint picked Harris out from a lineup in the police investigation, resulting in Harris’ arrest.

Since his arrest in 2013, Harris’ codefendant and an additional suspect admitted being involved in the crime.

Harris has “always maintained his innocence” and stands firm with his alibi that “he was home with his girlfriend at the time of the crime.”

In 2019, the California Innocence project took Harris’ case.

Managing Attorney at the California Innocence Project at California Western School of Law Michael Semanchik stated, “The Project initially became interested in the case because the only evidence against Harris was a single eyewitness identification.

“Eyewitness misidentifications are one of the leading causes of wrongful convictions. Moreover, thanks to the post-conviction investigation by Harris’ trial attorney, we also knew the true perpetrators had implicated themselves and exculpated Harris in the years following the conviction,” Semanchik continued.

Shortly after he want to prison, Harris’ codefendant Desmen Mixon wrote a letter to Harris’ girlfriend and a few years after his apology, Mixon “signed a declaration” and sent it to Public Defender Elizabeth Warner-Sterkenburg Harris’ trial attorney.

Warner-Sterkenburg and Public Defender Investigator Steve Lewis interviewed the additional suspect, who stated, “I want to help, I have something to say, if I tell you I’ll end up doing more time, I’ll be back in court.”

In April this year, Semanchik “presented the case” to the LA District Attorney’s Conviction Review Unit (CRU).

The case was immediately assigned two investigators and two attorneys. The CRU concluded that “they had not only lost confidence in the conviction but determined Harris was factually innocent.”

The Los Angeles DA and CA Innocence Project “entered a joint stipulation to reverse Harris’ conviction and find him factually innocent.”

Shortly after, Judge William Ryan exonerated Derrick Harris."


The entire  story can be read at: 

https://www.davisvanguard.org/2020/10/factually-innocent-man-exonerated-after-spending-7-years-in-prison-for-armed-robbery/

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD (FOR NOW!): "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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