Wednesday, November 11, 2020

Thomas Rosa Jr: Massachusetts: Free at last - in part on the strength of the DNA evidence obtained after his conviction and scientific evidence undermining the eyewitness identifications in the case - after being wrongly incarcerated for 34 years for a crime he did not commit." (How will his prosecutors choose to proceed? I am following this case. HL);


PASSAGE OF THE DAY:  "In the coming months, Mr. Rosa’s legal team and the Commonwealth will submit additional briefings. Going forward, Mr. Rosa will take small steps to start rebuilding his life after decades of wrongful incarceration, and he has significant family and community support to help him do that."

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RELEASE: "Thomas Rosa freed from prison after 34 years," released by The New England Innocence Project on October 19, 2020.

SUB-HEADING: "Thomas Rosa Jr.. of Chelsea, is freed from prison after being wrongly incarcerated for 34 years for a crime he did not commit."

GISR: "The New England Innocence Project and the Boston College Innocence Program announce today that their client, Thomas Rosa, Jr. of Chelsea, was freed from prison and reunited with his family on October 15, 2020, after being wrongfully incarcerated for 34 years for a crime he did not commit. Mr. Rosa’s release is based in part on the strength of the DNA evidence obtained after his conviction and scientific evidence undermining the eyewitness identifications in the case.

A decision on October 14, 2020, by Justice Gaziano, acting as the Single Justice for the Supreme Judicial Court, allows Mr. Rosa to be freed while the Superior Court considers his Motion for New Trial.  His attorneys, Radha Natarajan of the New England Innocence Project and Charlotte Whitmore of the Boston College Innocence Program, filed the Motion for New Trial on June 29, 2020, presenting numerous arguments why his convictions should be overturned. Justice Gaziano wrote that “the DNA evidence, if correct, in conjunction with the Defendant’s other claims, could well establish that ‘confluence of factors’ that would indicate that a new trial is required.”  

Mr. Rosa, who has always maintained his innocence, was wrongfully convicted in Suffolk County Superior Court for the 1985 murder of Gwendolyn Taylor. Mr. Rosa presented himself voluntarily to the police and was tried three times, facing one mistrial and one overturned conviction before the final conviction in 1993.

The Suffolk County District Attorney’s Office helped secure Mr. Rosa’s release through a petition to the Single Justice of the Supreme Judicial Court, arguing that Mr. Rosa’s motion for postconviction relief has merit, he presents no danger to the public, and his age and underlying health conditions put him at risk of death or serious injury if he were to contract COVID-19 in prison.

“Mr. Rosa has waited a long time – too long – for this day. We are grateful to Suffolk County District Attorney Rachael Rollins for recognizing how important it is for Mr. Rosa to be freed so that he has the opportunity to prove his innocence in court,” said Attorney Radha Natarajan, Executive Director of the New England Innocence Project, who has been representing Mr. Rosa for the last five years. “We will not stop fighting for Mr. Rosa until this wrongful conviction is overturned.”

“We are thrilled to welcome Mr. Rosa home,” said Mr. Rosa’s co-counsel, Boston College Innocence Program Supervising Attorney Charlotte Whitmore. “Many BCIP students worked tirelessly behind the scenes to help achieve this long-awaited outcome and we are privileged to continue to partner with the New England Innocence Project to pursue justice for Mr. Rosa after so many years of wrongful imprisonment.” 

In the coming months, Mr. Rosa’s legal team and the Commonwealth will submit additional briefings. Going forward, Mr. Rosa will take small steps to start rebuilding his life after decades of wrongful incarceration, and he has significant family and community support to help him do that."

The entire story can be read at:

https://www.newenglandinnocence.org/innocence-blog/2020/10/19/thomas-rosa-freed-from-prison-after-34-years

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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