Sheldon Thomas; New York: Enough to make one weep! As CNN, Reporter Mark Morale, reports: "Sheldon Thomas, who was convicted of killing a 14-year-old boy on Christmas Eve in 2004 in New York City, had his conviction overturned and the indictment vacated Thursday – years after an eyewitness identified him after being given a photo of the wrong Sheldon Thomas, according to a statement from Brooklyn District Attorney Eric Gonzales. When the botched identification came out in court at the time, a judge said there was still probable cause for the arrest and that the photo had enough of a resemblance, Gonzalez said. Thomas was only 17 when he was arrested and charged for the murder, records show."

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 identification is erroneous - in spite of witness’s certainty that it is true - or where  the police have somehow  rigged the identification process in order to make a desired  identification inevitable. 

Harold Levy: Publisher: The Charles Smith Blog.

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PASSAGE ONE OF THE DAY: "His exoneration followed an extensive investigation by the Brooklyn DA’s Conviction Reversal Unit, according to the DA’s office. (Brooklyn District Attorney) Gonzales said the case against Thomas “was compromised from the very start by grave errors and lack of probable cause to arrest Mr. Thomas. He was further deprived of his due process rights when the prosecution proceeded even after the erroneous identification came to light, making his conviction fundamentally unfair.”

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PASSAGE TWO OF THE DAY: "Detectives asked to use a photo of Thomas from a gun arrest months earlier so they could show an eyewitness as part of an array of photos, the DA’s office said. Before they obtained that photo, the detectives decided to pull a photo from a police database that was in fact of a different Sheldon Thomas, according to the office. The eyewitness identified that photo in the array as the shooter, not knowing that it was the wrong Sheldon Thomas, according to Gonzales. Detectives went to Thomas’ address – not that of the Sheldon Thomas whose photo was actually used – and arrested him, according to a report from the DA’s Conviction Reversal Unit. Two others were also arrested in connection with the killing. That same eyewitness then identified Thomas in a police lineup, not knowing that the photo and the person she saw in the lineup were two different people, Gonzales said.

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

PASSAGE THREE OF THE DAY: "Before the trial started, charges were dismissed against the other two arrested for the murder. Thomas was found guilty of a slew of charges, including one count of second-degree murder, five counts of attempted murder and weapons charges. He was sentenced to 25 years to life. When he was given the chance to speak before the sentence was handed down, Thomas stated one more time that he was innocent, according to the CRU report. Years later, the Brooklyn DA’s CRU re-interviewed the witnesses in the case in their own investigation, according to the DA’s office. They determined that Thomas was denied due process at every stage, making the conviction fundamentally unfair, according to the report. The CRU also determined that the detectives on the case repeatedly harassed Thomas after his gun arrest, which contradicted their testimony that they had never even seen Thomas, according to the DA’s office. The report also pointed out “prosecutorial missteps, and counsel’s failures.”

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

STORY: "A man wrongfully imprisoned for over 18 years despite a botched identification has been freed," by Reporter Mark Morales, published by CNN, on March 10, 2023.

PHOTO CAPTON: "Sheldon Thomas spent more than 18 years in prison because he was mistaken for a different person with the same name."

GIST: "A 35-year-old man who spent almost 19 years wrongfully imprisoned for murder after detectives misled a witness into identifying the wrong person, is now free.'

Sheldon Thomas, who was convicted of killing a 14-year-old boy on Christmas Eve in 2004 in New York City, had his conviction overturned and the indictment vacated Thursday – years after an eyewitness identified him after being given a photo of the wrong Sheldon Thomas, according to a statement from Brooklyn District Attorney Eric Gonzales.

When the botched identification came out in court at the time, a judge said there was still probable cause for the arrest and that the photo had enough of a resemblance, Gonzalez said.

Thomas was only 17 when he was arrested and charged for the murder, records show.

His exoneration followed an extensive investigation by the Brooklyn DA’s Conviction Reversal Unit, according to the DA’s office.

Gonzales said the case against Thomas “was compromised from the very start by grave errors and lack of probable cause to arrest Mr. Thomas. He was further deprived of his due process rights when the prosecution proceeded even after the erroneous identification came to light, making his conviction fundamentally unfair.”

“There’s so many times when I was in my cell I would think of this moment,” Thomas said in court Thursday. “Right now, I’m just speechless.”

Thomas was one of three alleged gang members accused of killing teenager Anderson Bercy and wounding another person, according to the DA’s office.

Detectives asked to use a photo of Thomas from a gun arrest months earlier so they could show an eyewitness as part of an array of photos, the DA’s office said.

Before they obtained that photo, the detectives decided to pull a photo from a police database that was in fact of a different Sheldon Thomas, according to the office.

The eyewitness identified that photo in the array as the shooter, not knowing that it was the wrong Sheldon Thomas, according to Gonzales.

Detectives went to Thomas’ address – not that of the Sheldon Thomas whose photo was actually used – and arrested him, according to a report from the DA’s Conviction Reversal Unit.

 Two others were also arrested in connection with the killing.

That same eyewitness then identified Thomas in a police lineup, not knowing that the photo and the person she saw in the lineup were two different people, Gonzales said.

During a pretrial hearing in 2006, the detective on the case admitted during cross examination that he used a photo of the wrong Sheldon Thomas, admitting that he falsely testified, Gonzales said. Another detective then said Thomas told them he was not the man in the photo, according to the DA’s office.

At that time, the judge said there was still probable cause because of the anonymous tips, adding that the photo resembled Thomas, despite it being of a different person.

Before the trial started, charges were dismissed against the other two arrested for the murder.

Thomas was found guilty of a slew of charges, including one count of second-degree murder, five counts of attempted murder and weapons charges.

 He was sentenced to 25 years to life.

When he was given the chance to speak before the sentence was handed down, Thomas stated one more time that he was innocent, according to the CRU report.

Years later, the Brooklyn DA’s CRU re-interviewed the witnesses in the case in their own investigation, according to the DA’s office.

They determined that Thomas was denied due process at every stage, making the conviction fundamentally unfair, according to the report.

 The CRU also determined that the detectives on the case repeatedly harassed Thomas after his gun arrest, which contradicted their testimony that they had never even seen Thomas, according to the DA’s office. 

The report also pointed out “prosecutorial missteps, and counsel’s failures.”

“Each of these errors, on its own, deprived defendant of a fair trial,” the report concluded. “Together the errors undermined the integrity of the entire judicial process and defendant’s resulting conviction.”

Since 2014, the unit’s work has resulted in 34 convictions being vacated. There are currently 50 open investigations, according to a DA’s office spokesperson.

“We must strive to ensure fairness and integrity in every case and have the courage to correct mistakes of the past,” Gonzalez said in his statement.

An attorney for Thomas did not immediately respond to CNN’s request for comment."

The entire story can be read at: 

new-york-wrongful-conviction-vacated-misidentified-photo

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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: "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;

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

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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Sidney Holmes: (Florida): (57-year-old man sentenced to 400 years on wrongful identification; Served 34; He was innocent!) From our 'Enough to make one weep' department: Can you imagine how it would feel to hear the judge sentence you to 400-years for armed robbery charges -especially when you know you were innocent? CBS reporter Aliza Chasan reports..."Holmes had been convicted of acting as the getaway driver for two men who robbed two people at gunpoint and stole one of the victim's car just west of Fort Lauderdale, Florida, on June 19, 1988, according to the state attorney's office. The two robbers remain unidentified. Holmes contacted the State Attorney's Conviction Review Unit (CRU) in 2020 and told investigators he was innocent. The CRU then determined that Holmes had a plausible claim of innocence. During CRU's review of Holmes' case, it determined eyewitness identification of Holmes during the initial investigation was likely incorrect and that there was no evidence connecting Holmes to the robbery outside of the flawed identification."

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 identification is erroneous - in spite of witness’s certainty that it is true - or where  the police have somehow  rigged the identification process in order to make a desired  identification inevitable. 

Harold Levy: Publisher: The Charles Smith Blog.

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PASSAGE OF THE DAY: "An investigation launched by the brother of one of the victims also found that Holmes' car was likely misidentified at the time and that key differences between his Oldsmobile and the one used by the robbers were overlooked, Pryor said. Based on the review, five of six independent panelists voted that Holmes was innocent and his conviction should be thrown out immediately. The victims in the case both said they thought Holmes should be released. Deputies involved in the original investigation were also shocked Holmes served 34 years in prison and had been sentenced to 400 years."

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STORY: "Florida man serving 400-year prison sentence walks free after being exonerated of robbery charges," CBS News (Reporter Aliza Chasan) reports, published on March 14, 2023.

GIST: "A man who served more than three decades of a 400-year prison sentence for armed robbery charges was freed Monday after being exonerated. 

Sidney Holmes, 57, was convicted in April of 1989 for a 1988 robbery in which he was accused of being the getaway driver.

Holmes was greeted by his family as he walked free Monday, and said the first thing he wanted to do was get something to eat, CBS Miami reported.

"We have one rule here at the Broward State Attorney's Office – do the right thing, always. As prosecutors, our only agenda is to promote public safety in our community and to ensure that justice is served," Broward State Attorney Harold F. Pryor said in a statement.

 "I commend the victims, witnesses, and law enforcement officers for their candor and assistance in reinvestigating a crime that occurred more than 34 years ago."

Holmes had been convicted of acting as the getaway driver for two men who robbed two people at gunpoint and stole one of the victim's car just west of Fort Lauderdale, Florida, on June 19, 1988, according to the state attorney's office. The two robbers remain unidentified.

Holmes contacted the State Attorney's Conviction Review Unit (CRU) in 2020 and told investigators he was innocent. The CRU then determined that Holmes had a plausible claim of innocence. 

During CRU's review of Holmes' case, it determined eyewitness identification of Holmes during the initial investigation was likely incorrect and that there was no evidence connecting Holmes to the robbery outside of the flawed identification. 

An investigation launched by the brother of one of the victims also found that Holmes' car was likely misidentified at the time and that key differences between his Oldsmobile and the one used by the robbers were overlooked, Pryor said.

Based on the review, five of six independent panelists voted that Holmes was innocent and his conviction should be thrown out immediately.   

The victims in the case both said they thought Holmes should be released. Deputies involved in the original investigation were also shocked Holmes served 34 years in prison and had been sentenced to 400 years.

The nonprofit OIC of South Florida is set to help Holmes with reintegration services along with job training and placement."

The entire story can be read at:

sidney-holmes-exonerated-400-year-sentence-florida

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Read  recent National Registry of Exonerations entry at the link below: (Contributing factors:  Mistaken Witness ID, Official Misconduct);

casedetail.aspx

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PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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: "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;

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

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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Bulletin: Drug tests: From our 'Here we go again' department: Yet another state lab under scrutiny for false positive drug (cocaine) test results. It's the Rhode Island Department of Health Forensic Chemistry, NECN (Reporter Thea DiGiammerino) reports... "Authorities are reviewing hundreds of test results at the Rhode Island Department of Health lab over concerns they could have been contaminated, the state's Attorney General's Office said Friday. The AG said they first learned of the potential contamination at the Forensic Chemistry Lab on Tuesday and said it could mean false positive tests for cocaine. Right now it appears to involve tests done by just one particular scientist, officials said. The lab is reviewing any criminal cases that could be affected. So far, 52 cases have been flagged as being impacted, and another 263 are being reviewed." Am following developments. HL.

PASSAGE OF THE DAY: "The AG's office noted that the notification process is time-consuming because while the lab has notified them of the impacted cases, they do not have corresponding court case numbers for them. "We have been working to identify all pending and disposed cases as well as cases where the defendant may be held or serving a sentence at the ACI. At this juncture, it does not appear that any defendant is held solely based on charges involving cocaine," a media statement reads."

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STORY: "Hundreds of Cases Under Review After Potential Contamination at RI Forensics Lab, by Reporter Thea DiGiammerino, published by NECN, on March 17, 2023.

SUB-HEADINNG: "The situation involves potential false positive tests for cocaine at the Rhode Island Department of Health Forensic Chemistry Lab, according to the state's Attorney General's Office."

GIST: "Authorities are reviewing hundreds of test results at the Rhode Island Department of Health lab over concerns they could have been contaminated, the state's Attorney General's Office said Friday.

The AG said they first learned of the potential contamination at the Forensic Chemistry Lab on Tuesday and said it could mean false positive tests for cocaine. 

Right now it appears to involve tests done by just one particular scientist, officials said. The lab is reviewing any criminal cases that could be affected. So far, 52 cases have been flagged as being impacted, and another 263 are being reviewed. 

Defense attorneys and police will be notified if their case is impacted, and samples will be retested. The courts have been made aware of the issues.

The AG's office noted that the notification process is time-consuming because while the lab has notified them of the impacted cases, they do not have corresponding court case numbers for them.

"We have been working to identify all pending and disposed cases as well as cases where the defendant may be held or serving a sentence at the ACI. At this juncture, it does not appear that any defendant is held solely based on charges involving cocaine," a media statement reads.

The review process is ongoing. Anyone with questions can contact the Rhode Island Department of Health."

The entire story can be read at:

https://www.necn.com/news/local/hundreds-of-cases-under-review-after-potential-contamination-at-ri-forensics-lab/2947766/

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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: "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;

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

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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

Leon Benson: Indianapolis: Flawed inter-racial identification of strangers (and much more) case: Major (Welcome) Development: The Indianapolis Star (Reporter Kristine Phillips) reports that after more than 20 years in prison for murder, he has been exonerated and set free..."Lara Bazelon, an attorney for Benson and director of the Criminal & Juvenile Justice and Racial Justice Clinics at the University of San Francisco School of Law, said the case against him relied on the questionable identification of an eyewitness ― a white woman ― who gave police only vague descriptions of a Black man in dark clothing she saw while standing across the street. "It had all the hallmarks of a case that screams wrongful conviction," Bazelon said. "There was no forensic or physical evidence and it rested almost entirely on the cross-racial identification of a stranger who was standing 150 feet away and peering into the near darkness."

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 identification is erroneous - in spite of witness’s certainty that it is true - or where  the police have somehow  rigged the identification process in order to make a desired  identification inevitable. 

Harold Levy: Publisher: The Charles Smith Blog.

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

PASSAGE OF THE DAY: "Detective admits failure to turn over critical evidence: In May 2022, more than 20 years after Benson was convicted, Jones signed a sworn declaration admitting he did not turn over critical evidence to prosecutors. As a result, none of the evidence pointing to a different suspect was turned over to Benson's attorneys. Benson's attorneys argued that Jones provided prosecutors a "sanitized" version of the investigative documents and treated the newspaper carrier's testimony as the "heart of the case." Her identification of Benson caused Jones to disregard all the other evidence implicating Webster, the attorneys argued. That was problematic, Bazelon said, citing longstanding research that intra-racial identification of strangers is not reliable. "Numerous studies have shown that white people aren't good at identifying Black people and vice versa," Bazelon said. "Most Americans live fairly segregated lives and don't have a lot of exposure to people of other races. ... We are bad at identifying people outside of our own racial group. Period."

STORY:"After more than 20 years in prison, Indianapolis man exonerated in murder and set free," by Reporter Kristine Phillips, published by The Indianapolis Star, on March 9, 2023.

GIST: Leon Benson, incarcerated for nearly 25 years for the execution-style murder of a Plainfield man, has steadfastly maintained his innocence.

On Thursday, Benson, 47, walked out of the Correctional Industrial Facility in Pendleton a free man after an investigation revealed police failed to disclose critical pieces of evidence, including information implicating someone else in the killing. He had spent more than half of his life behind bars, 10 years of which, he said, was in solitary confinement.

"It is so surreal. I just walked out of prison, literally, a few hours ago. I'm here. It's really poetic," Benson said after a champagne toast with his friends, attorneys and family, including his 26-year-old daughter who was only 2 when he was imprisoned.

Benson was convicted for the murder of Kasey Schoen, who was shot five times while sitting in his truck near downtown Indianapolis in the early morning hours of Aug. 8, 1998. 

He was tried twice. The first ended in a mistrial after six of 12 jurors voted not guilty. 

Benson was convicted after he was retried in July 1999 and was sentenced to 61 years in prison.

Lara Bazelon, an attorney for Benson and director of the Criminal & Juvenile Justice and Racial Justice Clinics at the University of San Francisco School of Law, said the case against him relied on the questionable identification of an eyewitness ― a white woman ― who gave police only vague descriptions of a Black man in dark clothing she saw while standing across the street.

"It had all the hallmarks of a case that screams wrongful conviction," Bazelon said. "There was no forensic or physical evidence and it rested almost entirely on the cross-racial identification of a stranger who was standing 150 feet away and peering into the near darkness."

The woman, a newspaper carrier, told police the shooter was standing on a sidewalk next to the passenger side window when he shot at Schoen. 

She was not able to give detectives facial descriptions and only said she saw a 5-foot-8-inch tall Black man in his 20s. She also said he wore a dark shirt, a baseball cap and pants with three white stripes on them.

In addition to the woman's testimony, the case also relied on another witness' statement saying he saw Benson near the victim's truck moments before and after the shooting and Benson's own admission that he was in the area around that time.

What jurors did not hear, according to Benson's post-conviction petition, was information police were told by critical witnesses who did not testify at the trial.

 That included an eyewitness who identified a different man as the shooter and another person who was with Benson at a nearby apartment when Schoen was killed.

Benson was released a day after Marion Superior Court Judge Shatrese Flowers ruled in his favor. 

His exoneration was the result of a joint investigation by the University of San Francisco's Racial Justice Clinic and the Marion County Conviction Integrity Unit.

Benson's case is the first exoneration by the Conviction Integrity Unit since it was created in 2021 by the prosecutor's office to "identify, remedy and prevent wrongful convictions."

"This has been a long and difficult process for everyone involved but justice requires that we set aside this conviction," the Marion County Prosecutor's Office said in a statement. "The challenges presented in this case underline the importance of why the Conviction Integrity Unit was established and why we continue to identify and remedy wrongful convictions and ensure that justice and fairness are upheld."

Early evidence pointed to another shooter

Indianapolis Police Department detectives believed earlier in their investigation that another man, not Benson, was the shooter.

Weeks before the shooting, a man named Joseph Webster, also known as Looney, was stopped multiple times by officers in the neighborhood where Schoen was killed. In his possession was a .380 handgun ― the same kind used to kill Schoen ― and about 40 rocks of cocaine, according to documents.

Three days after Schoen was killed, Det. Alan Jones, the lead investigator, asked two other detectives to bring Webster to the homicide office for questioning. But Webster, according to documents, asked for his attorney and declined to talk.

None of the evidence against Webster was ever disclosed to prosecutors or to Benson's attorneys.

Jones ultimately zeroed in on Benson after a new witness, an allegedly mentally ill man, came forward and told him Detroit (Benson's nickname) was the shooter, according to documents. 

The newspaper carrier also later identified Benson from a photo array.

But on Aug. 15, 1998, a week after the shooting, another witness came forward.

That witness told detectives that he saw the shooting from across the street and recognized the shooter as someone he had seen in the neighborhood, including hours before the crime. 

He identified Webster in a photo array and told detectives he was wearing a dark shirt, a baseball cap and black pants with three white stripes on them ― the same description the newspaper carrier gave police.

Hours before the shooting, Webster showed him he had a .380 handgun, the witness told police.

More evidence implicating Webster surfaced.

Another detective learned from his confidential informant that Webster had bragged about the shooting to his ex-girlfriend, the detective told Jones in a handwritten note. A man identified only as Eddie witnessed the shooting and said Webster "shot white guy in head," according to the note.

Still, "there's no evidence that Det. Jones ran down any of these leads," according to the post-conviction petition.

By the end of August 1998, police received two Crime Stoppers anonymous tips saying Webster was the killer. But, in his report, Jones wrote that a second suspect was still under investigation.

"However, with the arrest of Leon Benson," Jones wrote, "I am clearing this case."

Detective admits failure to turn over critical evidence

In May 2022, more than 20 years after Benson was convicted, Jones signed a sworn declaration admitting he did not turn over critical evidence to prosecutors. As a result, none of the evidence pointing to a different suspect was turned over to Benson's attorneys.

Benson's attorneys argued that Jones provided prosecutors a "sanitized" version of the investigative documents and treated the newspaper carrier's testimony as the "heart of the case." Her identification of Benson caused Jones to disregard all the other evidence implicating Webster, the attorneys argued.

That was problematic, Bazelon said, citing longstanding research that intra-racial identification of strangers is not reliable.

"Numerous studies have shown that white people aren't good at identifying Black people and vice versa," Bazelon said. "Most Americans live fairly segregated lives and don't have a lot of exposure to people of other races. ... We are bad at identifying people outside of our own racial group. Period."

The newspaper carrier also saw the suspect under the worst possible scenario: She had just witnessed a crime. The shooter had started walking toward her direction, and she was in fear for her life.

"She's a different race, she's not close to what happened, she's not from the neighborhood, she's afraid," Bazelon said. "It's all the ingredients you need for a mistaken ID. It's not on purpose. It's not malicious. It's because she believed it, but she was wrong."

And yet, Jones relied heavily on her testimony.

"He focused on her because she was straight out of central casting. She's young, white, gainfully employed, had no criminal history, a good Samaritan, called police immediately, was cooperative," Bazelon said. "On the surface, she's a perfect witness."

An Indianapolis Metropolitan Police Department spokesman said the agency needs to gather more information before it can comment.

While Benson was sent to prison, Jones remained in law enforcement. At some point, he left IMPD and moved to the Marion County Sheriff’s Department. Jones left the department in 2013 after he was arrested for drunk driving in an unmarked department vehicle.  

'Truth never dies'

The last 24 hours for Benson began rather typically. He played chess as he normally does. He had known the judge's decision was looming, but he didn't know it had happened.

"I was getting a little stir crazy," he said.

At about 9 a.m. Thursday, as he was reading a book by the hip-hop mogul James Prince, a counselor told him he'd be released immediately.

"When they told me, I just raised my hands up," he said. "I'm like, "Man, I'm exonerated!"

Throughout his two decades behind bars, he said he'd always known he'd be freed. He began writing to organizations focusing on exonerations as early as 2000.

"Truth never dies," he said. "It's only rediscovered."

https://www.indystar.com/story/news/crime/2023/03/09/leon-benson-exonerated-after-imprisonment-for-indianapolis-murder/69990448007

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Read  the recent  National Registry of Exonerations entry by Maurice Possley, entered on March 21, 2023, at the link below: (Contributing factors): Mistaken Witness ID, Perjury or False Accusation, Official Misconduct, Inadequate Legal Defense;

https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=6563

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PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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;

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YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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London's Metropolitan Police: ('The Met.')...A recently released report has found numerous examples of rape cases being dropped because of failure to protect forensic exhibits, as reported by Vice (Reporter Tim Hume), in a story headed, "A Lunchbox Was Left Next To Rape Case Samples in a Police Evidence Fridge" - and sub-headed: "The incident, alongside stories of rape cases being dropped because evidence freezers were broken and frosted over, is one of many detailed in a truly damning report into London’s Metropolitan Police that called for radical and urgent reform."

QUOTE OF THE DAY: "Andrea Simon, director of the End Violence Against Women Coalition told VICE World News in a statement that the report’s revelations around the handling of rape evidence were “appalling.” “But they confirm what women’s organisations have long known about institutional failings that are a barrier to rape victims accessing justice,” she said. “When rape survivors who report to the police already face a little over 1% chance that charges will be brought against a perpetrator, it is unthinkable that vital evidence is being mistreated and discarded in this way. “This is yet another shocking example of the de-prioritisation and de-specialisation of the police response to rape, which Baroness Casey finds has put women and children at greater risk than necessary.”

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PASSAGE OF THE DAY: "Among the revelations in the 363-page Casey review was that an officer was "repeatedly raped" by a colleague, that an officer had groomed a survivor of domestic abuse – and that the mishandling of critical DNA samples in rape cases had led to cases being dropped. The report’s authors said they heard accounts of samples from sexual assault cases being held in dilapidated, overcrowded freezers “crammed full of evidence samples, which were overflowing, frosted over and taped shut.” “All the fridges used for rape kits were in bad shape, packed and ruining evidence," the report said, citing this as a reflection of the insufficient resources given to investigating sexual offending, and symbolic of “institutional misogyny” in the force. One officer, referred to as “G,” said her unit's freezers were so full it took three officers to close them – and that during a heatwave last year, a freezer containing samples broke down, resulting in all the evidence being destroyed. Officer G said she had "lost count" of the number of times she had been told by colleagues that evidence had been lost. SHE ALSO TOLD THE REVIEW ABOUT DISBELIEVING ATTITUDES TOWARDS RAPE COMPLAINTS SHE HAD ENCOUNTERED AMONG HER COLLEAGUES, SUCH AS ONE MALE OFFICER WHO HAD SAID HE DID NOT BELIEVE A VIOLENT ATTACK WAS RAPE AT ALL. Casey told reporters that the issue of faulty fridges and freezers for storing samples “kept on coming up” during interviews with officers, and were “symbolic of how the force has lost its way.”  “We found that officers were using bungee cords to keep a freezer closed – that meant that some of the samples got spoiled,” she said. “People found a lunchbox in one of the fridges,” she added, indicating that the evidence would have been contaminated as a result."

STORY: "A Lunchbox Was Left Next To Rape Case Samples in a Police Evidence Fridge," by Reporter Tim Hume, published by Vice, on March 21, 2023.

SUB-HEADING: "The incident, alongside stories of rape cases being dropped because evidence freezers were broken and frosted over, is one of many detailed in a truly damning report into London’s Metropolitan Police that called for radical and urgent reform."

GIST: "Rape cases in the UK were dropped because DNA samples were stored in broken freezers by police, according to a damning new report into London’s Metropolitan Police which found it was not giving women and children “the protection and support they deserve.”

Louise Casey’s review into the standards and culture of the UK’s largest force concluded that it was institutionally misogynist, racist and homophobic, with a rampant "boys' club" culture, and in need of “radical” change. 

The report was commissioned by the then-head of the Metropolitan Police in 2021, after a London woman, Sarah Everard, was raped and murdered by off-duty Met constable Wayne Couzens in March that year. The case caused outrage in the UK and scrutiny over toxic attitudes within the force, which has only grown with subsequent scandals such as when another serving Metropolitan police officer, David Carrick, was revealed to have been a serial rapist, committing 48 rapes.

Among the revelations in the 363-page Casey review was that an officer was "repeatedly raped" by a colleague, that an officer had groomed a survivor of domestic abuse – and that the mishandling of critical DNA samples in rape cases had led to cases being dropped.

The report’s authors said they heard accounts of samples from sexual assault cases being held in dilapidated, overcrowded freezers “crammed full of evidence samples, which were overflowing, frosted over and taped shut.”

“All the fridges used for rape kits were in bad shape, packed and ruining evidence," the report said, citing this as a reflection of the insufficient resources given to investigating sexual offending, and symbolic of “institutional misogyny” in the force.

One officer, referred to as “G,” said her unit's freezers were so full it took three officers to close them – and that during a heatwave last year, a freezer containing samples broke down, resulting in all the evidence being destroyed. Officer G said she had "lost count" of the number of times she had been told by colleagues that evidence had been lost.

She also told the review about disbelieving attitudes towards rape complaints she had encountered among her colleagues, such as one male officer who had said he did not believe a violent attack was rape at all.

Casey told reporters that the issue of faulty fridges and freezers for storing samples “kept on coming up” during interviews with officers, and were “symbolic of how the force has lost its way.” 

“We found that officers were using bungee cords to keep a freezer closed – that meant that some of the samples got spoiled,” she said. “People found a lunchbox in one of the fridges,” she added, indicating that the evidence would have been contaminated as a result.

These shortcomings in taking sexual assault seriously even impacted women on the force. 

One officer told the review how she had been repeatedly raped and physically abused by another officer, including one attack where she was hit in the face, lost consciousness, then was raped. When she laid a complaint with the force, the case was passed between six different investigators over a year without ever progressing. 

The woman attempted to take her own life, citing the police investigation “draining the life out of” her, while no action was ever taken against her alleged attacker.

A similar account was given by another female officer who said she had complained about being touched inappropriately multiple times in the workplace by a more senior male colleague, including while she was getting changed. After she complained about his behaviour, she said she was ostracised and branded a troublemaker by her colleagues, while the male officer faced no consequences.

And in another case cited in the report, a Met officer groomed a domestic violence victim, discouraging her from talking to anyone else. The woman subsequently found out the officer hadn’t recorded any evidence she had given him about her case, meaning no charges were pursued against her domestic abuser; he then cut off contact with her once he was placed under investigation with another vulnerable woman, and resigned before his disciplinary hearing.

Jayne Butler, CEO of Rape Crisis, said the report showed “a police service in crisis,” and underlined the need for “urgent change.”

“There has been a culture of defensiveness and denial when faced with accusations of wrong-doing in the past, and we will watch closely to see what actions are taken in response to the report over the next few weeks,” she said. “We cannot accept that prejudice, stereotypes and rape myths are expressed openly by officers without being challenged and that there are no consequences for it.”

“Women and girls deserve to see change, deserve to feel safe, and deserve to feel that the police will do their jobs.”

Andrea Simon, director of the End Violence Against Women Coalition told VICE World News in a statement that the report’s revelations around the handling of rape evidence were “appalling.”

“But they confirm what women’s organisations have long known about institutional failings that are a barrier to rape victims accessing justice,” she said. “When rape survivors who report to the police already face a little over 1% chance that charges will be brought against a perpetrator, it is unthinkable that vital evidence is being mistreated and discarded in this way.

“This is yet another shocking example of the de-prioritisation and de-specialisation of the police response to rape, which Baroness Casey finds has put women and children at greater risk than necessary.”

In response to the report, the Met's Commissioner Sir Mark Rowley said the force had “let Londoners down,” and that the report had to be "a new beginning.”

He told the BBC that hundreds of "problematic" officers had been identified since he took over the force in September.

The entire story can be read at: 

metropolitan-police-evidence-freezers-rape-cases

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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: "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;

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

YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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