Friday, March 5, 2021

Chris Tapp: Idaho: Bulletin: A false confession resulted in his spending 20 years behind bars before new DNA evidence cleared his name and investigators tied the crime to the real killer. East Idaho News reports that earlier today Gov. Brad Little signed Idaho's Wrongful Conviction Act earlier today.


PUBLISHER'S NOTE: This Blog is interested in false confessions because of the disturbing number of exonerations in the USA, Canada and multiple other jurisdictions throughout the world, where, in the absence of incriminating forensic evidence the conviction is based on self-incrimination – and because of the growing body of  scientific research showing how vulnerable suspects (especially young suspects)  are to widely used interrogation methods  such as  the notorious ‘Reid Technique.’ As  all too many of this Blog's post have shown, I also recognize that pressure for false confessions can take many forms, up to and including physical violence, even physical and mental torture.

Harold Levy: Publisher; The Charles Smith Blog:

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

STORY: "Gov. Little signs 'The Wrongful Conviction Act into law alongside Chris Tapp, by Reporter Eric Grossarth, published by East Idaho News on March 5, 2021.

GIST:  "Idaho’s wrongfully convicted can now get compensated for the time they spent behind bars for crimes they did not commit. 

Gov. Brad Little signed the Idaho Wrongful Conviction Act into law at the Bonneville County Courthouse Friday afternoon. Sen. Doug Ricks, R-Rexburg, brought the bill to this legislative session, working alongside Christopher Tapp; an Idaho Falls man exonerated in 2019 for the 1996 rape and murder of Angie Dodge. 

“This is a good bill, this is the right thing to do,” Little said. “As our justice process morphs over the years, unfortunately, there’s been people wrongfully convicted that are long gone now. This proposal, this legislation … it’s just one of those things that is good public policy.” 

Friday marked the second time the legislator brought a wrongful conviction bill to the governor. Ricks tried passing the law in 2020, but Little vetoed that version of the bill with concerns on how parts of it would be paid for. Among the changes to the 2021 bill included the removal of a clause to cover medical insurance and tuition waivers for college credits. 

“It’s for Chris Tapp, but it’s also for anybody else who’s in the same situation,” Ricks said. “This is the way the State can show some restitution, that we’re sorry and that we can provide some compensation for those that have been done wrong by the system.” 

With the passing of the act, exonerees will receive a fixed sum of $62,000 for each year of wrongful imprisonment or $75,000 for each year wrongfully served on death row. Those seeking compensation will go through a process in the courts to confirm their eligibility. Ricks has said legislators have identified six potential exonerees who meet the criteria. There are an additional four people who could meet the standards after legal processes continue.

Over 20 years ago, investigators coerced a then 20-year-old Tapp into giving a false confession. Despite zero physical evidence to link Tapp to the crime, a jury convicted Tapp in 1998 and a judge ordered him to spend 30-years to life in prison. Tapp spent 20-years of his life behind bars before new DNA evidence cleared his name and investigators tied the crime to the real killer.

“This law will give wrongfully convicted people assistance to restart their lives,” Tapp said. “To help them get into the process of moving on from this nightmare we have endured and continue to experience. I appreciate we are here today in Idaho Falls, the scene of my wrongful conviction, but I also want to acknowledge Charles Fain who is back in Boise.”

Fain spent 18-years on Idaho’s death row for the 1982 murder of a 9-year-old girl before his exoneration in 2001. Since then the man now in his 70s has endured the struggle of finding a good job and making ends meet. Fain’s social security benefits are not enough to cover basic living expenses and he lives in a single room not much larger than the confines of his prison cell.

“I knew that if they (the legislators) just heard from these men that they would be persuaded to do the right thing,” said Greg Hampikian, Idaho Innocence Project co-director. “It was unanimous in both (the House and Senate). To hear an exoneree speak, it changes your heart, it opens your eyes to what their lives are like.” 

Idaho’s Wrongful Conviction Act adds the state to a list of 35 other states with legislation to compensate the wrongfully convicted.

“I just spoke on legislation on Wednesday in Oregon about compensation, so I’m not done,” Tapp said. “This is just the first step of me continuing on because this is a truly important thing that needs to be done for the wrongfully convicted. It’s truly important to know that people recognize we’ve been wrongfully convicted and this will be part of it.”'

The entire story can be read at:

gov-little-signs-the-wrongful-conviction-act-into-law-alongside-chris-tapp

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;
-----------------------------------------------------------------
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;
—————————————————————————————————
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;
-----------------------------------------------------------------------------------------------------------------------