Thursday, May 13, 2021

Kevin Strickland: Jackson County Missouri: Extraordinary Development: (It's not every day that a prosecutor pleads for release of a prisoner who has been behind bars for 43 years - acknowledging that a woman, now deceased, who witnessed the murders (her testimony was at the heart of the prosecution's case), "sincerely wished (and attempted) to recant her identification of Strickland at trial)."..."At a press conference today (May 10) in the Downtown Kansas City Courthouse, Baker will join Strickland’s attorneys in detailing how Strickland’s wrongful conviction has come to light and why they are advocating for Strickland’s release. Earlier today, Tricia Rojo Bushnell of the Midwest Innocence Project and Robert J. Hoffman of Bryan Cave Leighton Paisner filed a petition asking the Missouri Supreme Court to order his immediate release. On behalf of the prosecutor’s office, the prosecutor announced that an Amicus Brief is being filed with the Missouri Supreme Court today in support of Hoffman’s petition, as well as a letter to Hoffman detailing the results of a review by the Conviction Integrity Unit (CIU) of the Jackson County Prosecutor’s Office.


PUBLISHER'S NOTE: This Blog is interested in  false eye-witness identification issues because  wrongful identifications are at the heart of so many DNA-related exonerations in the USA and elsewhere - and because so much scientific research is being conducted with a goal to making the identification process more   transparent and reliable- and less subject to deliberate manipulation.  I have also reported far too many cases over the years - mainly cases lacking DNA evidence (or other forensic evidence pointing to the suspect - where the police have somehow  rigged the identification process in order to make an identification inevitable. 
Harold Levy: Publisher: The Charles Smith Blog.
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PUBLISHER'S NOTE: 43 years. Enough to make one weep. All eyes are on the Missouri Supreme Court. Every second this man is denied freedom in the circumstance compounds the injustice. Get him out - and then, perhaps we will learn why it took almost half a century for this eyewitness identification 'error' to be rectified.

Harold Levy: Publisher: The Charles Smith Blog.

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PASSAGE OF THE DAY: "The witness, Cynthia Douglas, was a young woman in 1978 who was traumatized herself in the triple murder, the letter explained. She witnessed the murders of her three friends and was shot herself on that fateful day. Douglas immediately identified two of the suspects, Vincent Bell and Kilm Adkins. She didn’t name Strickland until the following day and only after her sister’s boyfriend suggested Strickland might be involved. Cynthia made it known she knew she was wrong in naming Strickland as a suspect after Strickland’s trial. That was a mistake she maintained for years until her death.

Strickland has maintained his innocence since 1978. His co-defendants admitted their guilt and they also maintained Strickland did not take part. They even named an alternative suspect."

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PASSAGE TWO OF THE DAY: "For a variety of reasons, including Strickland representing himself on appeal, the full picture of this error of justice was not made clear until recent months. Douglas sent an email to Midwest Innocence Project in February 2009, saying she was seeking to help someone wrongfully accused in 1978. “I was the only witness and things were not clear back then, but now I know more and would like to help this person if I can,” she wrote. The prosecutor’s review – initiated after Hoffman contacted the office in late-November 2020 and a Kansas City Star article on Sept. 27, 2020 -- concluded that Ms. Douglas’ email was a true recantation. Three other persons close to her, including her mother and ex-husband, submitted affidavits supporting Douglas’ desire to recant and right the record."

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RELEASE: "Jackson County Prosecutor calls for freeing of inmate after 43 years in prison," released on May 10, 2021.

GIST: "The Jackson County Prosecutor’s Office, along with the Midwest Innocence Project and international law firm Bryan Cave Leighton Paisner, called today for the release of Missouri prison inmate Kevin Strickland, saying he was wrongly convicted 43 years ago in a triple murder in Kansas City.

 “All those who have reviewed the evidence in recent months agree -- Kevin Strickland deserves to be exonerated,” said Jackson County Prosecutor Jean Peters Baker. “This is a profound error we must correct now.”

At a press conference today in the Downtown Kansas City Courthouse, Baker will join Strickland’s attorneys in detailing how Strickland’s wrongful conviction has come to light and why they are advocating for Strickland’s release. Earlier today, Tricia Rojo Bushnell of the Midwest Innocence Project and Robert J. Hoffman of Bryan Cave Leighton Paisner filed a petition asking the Missouri Supreme Court to order his immediate release.

On behalf of the prosecutor’s office, the prosecutor announced that an Amicus Brief is being filed with the Missouri Supreme Court today in support of Hoffman’s petition, as well as a letter to Hoffman detailing the results of a review by the Conviction Integrity Unit (CIU) of the Jackson County Prosecutor’s Office. The case against Strickland, the review found, relied greatly on the testimony of a woman who witnessed the murders. The Prosecutor’s Office concluded that the witness, now deceased, sincerely wished (and attempted) to recant her identification of Strickland at trial.

“Keeping him incarcerated now on a jury verdict, where the jury heard none of this convincing exculpatory evidence, serves no conceivably just purpose,” Baker and Chief Deputy Daniel M. Nelson stated in their letter to Strickland’s attorneys.

The witness, Cynthia Douglas, was a young woman in 1978 who was traumatized herself in the triple murder, the letter explained. She witnessed the murders of her three friends and was shot herself on that fateful day. Douglas immediately identified two of the suspects, Vincent Bell and Kilm Adkins. She didn’t name Strickland until the following day and only after her sister’s boyfriend suggested Strickland might be involved. Cynthia made it known she knew she was wrong in naming Strickland as a suspect after Strickland’s trial. That was a mistake she maintained for years until her death.

Strickland has maintained his innocence since 1978. His co-defendants admitted their guilt and they also maintained Strickland did not take part. They even named an alternative suspect.

In April, Prosecutor Baker and her staff met with the primary family members of victims Larry Ingram, Sherrie Black and John Walker. All expressed that they still, decades later, suffered from the trauma related to losing their loved ones. They were surprised by the news that Strickland was not guilty, yet they believed the justice system has an obligation to release anyone wrongly accused. They asked the media be directed to the prosecutor’s office. Baker also met with a member of victim Cynthia Douglas’ family.

For a variety of reasons, including Strickland representing himself on appeal, the full picture of this error of justice was not made clear until recent months. Douglas sent an email to Midwest Innocence Project in February 2009, saying she was seeking to help someone wrongfully accused in 1978. “I was the only witness and things were not clear back then, but now I know more and would like to help this person if I can,” she wrote.

The prosecutor’s review – initiated after Hoffman contacted the office in late-November 2020 and a Kansas City Star article on Sept. 27, 2020 -- concluded that Ms. Douglas’ email was a true recantation. Three other persons close to her, including her mother and ex-husband, submitted affidavits supporting Douglas’ desire to recant and right the record.

The judge who presided over the trial, as well as the lead prosecutor on the case, Jim Humphrey, are both deceased. Another member of the trial team -- James Bell, now an attorney in private practice --reviewed the new evidence and stated that it indicates that Strickland should be set free. Bell added: “If Jim Humphrey were alive, and was made aware of Cynthia’s efforts to recant, he would be leading the effort to get Kevin Strickland free.”

The presiding judge of the 16th Circuit, J. Dale Youngs, stated that on behalf of the Court he concurred that the conviction should be set aside and he agreed that the evidence shows Strickland’s actual innocence."

The entire release can be read at:

https://www.jacksoncountyprosecutor.com/CivicAlerts.aspx?AID=1087

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: "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;