Monday, June 28, 2021

Curtis Crosland: Philadelphia: Prosecutorial misconduct: A tale of two snitches; Enough to make on weep...Cleared of murder on June 24th after being wrongfully robbed of 34 years of his life by evidence that was in the police file all along, The Philadelphia Inquirer, (Reporter Semantha Melamed) reports...In court filings, the CIU (Conviction Integrity Unit) made clear Crosland’s case involved not only apparent misconduct but also a compelling innocence claim. “To me, it’s a case that has all the telltale signs of a wrongful conviction,” CIU supervisor Patricia Cummings said. “You have a case that was cold. Then you have snitches involved wanting something in their case, and then the historical lack of understanding and appreciation of [disclosure requirements].”...Publisher's Note: "The historical lack of understanding and appreciation of [disclosure requirements]? Give me a break! HL


QUOTE OF THE DAY: "When he saw the evidence that had been hidden in the case last year, he said, “it made me very emotional. It was mind-blowing that all that could be hidden, to convict an innocent man. It was painful. It was difficult to even share with my family some of the things I learned that happened to me.”

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PASSAGE ONE OF THE DAY: "Crosland is the 21st person exonerated with support from District Attorney Larry Krasner’s Conviction Integrity Unit, which concluded that investigators had illegally concealed troubling information about the witnesses who accused Crosland and evidence pointing to another suspect."


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PASSAGE   TWO OF THE DAY: "According to legal filings, the case was built on lies by informants police knew were tainted long before Crosland’s arrest. One man, Rodney Everett, was facing a parole violation when he agreed to provide information in multiple murder cases — even testifying in two preliminary hearings on the same day. The DA’s search of the police file yielded extensive undisclosed documents, including a failed polygraph test, a statement from Everett’s wife that he had identified a different perpetrator, and an undated letter from Everett to a homicide detective, seeking help in exchange for information. The other informant, Delores Tilghman, had previously given a false statement in a different murder case, prosecutors say. In interviews Thursday, both witnesses said they felt coerced into giving false statements. “It was just very brutal. They threaten you. They will use your family and they will tell you what they will do to your family, taking your kids,” said Everett, who testified at Crosland’s preliminary hearing but said he repeatedly tried to recant. “When you tell the truth, they don’t care. They’ll accept the lies, but they won’t accept the truth.” 

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STORY: "A Philly man was cleared of murder after 34 years by evidence that was in the police file all along," by Reporter Samantha Melamed, published by The Philadelphia Inquirer on June 25, 2021. (A reporter at the Inquirer since 2013, she  covers issues of identity, race, social justice, as well as prisons and the legal system.)


SUB-HEADING: "Curtis Crosland fought for decades to clear his name. The evidence that finally exonerated him was in the Philadelphia Police Department's and District Attorney's files all along.


PHOTO CAPTION: "Curtis Crosland, left, receives a hug from his sister Shirley Crosland after being released from prison for a crime he did not commit, in the Cobbs Creek neighborhood of Philadelphia, June 24, 2021."


GIST: “More than 30 years ago, based only on the statements of two witnesses who either recanted or failed to appear in court, Curtis Crosland was convicted of the 1984 murder of South Philadelphia store owner Il Man Heo and sentenced to life in prison.


On Thursday, Crosland, 60 — a father of five and grandfather of 32 — was released from the State Correctional Institution Phoenix in Montgomery County. So many loved ones crowded onto his sister’s narrow block in the city’s Cobbs Creek section, screaming and hugging, that traffic ground to a halt.

“I just came home after 34 years. I’ve been exonerated,” Crosland apologized to one driver. She responded, “Praise God!”


Crosland is the 21st person exonerated with support from District Attorney Larry Krasner’s Conviction Integrity Unit, which concluded that investigators had illegally concealed troubling information about the witnesses who accused Crosland and evidence pointing to another suspect.


On Thursday, Curtis Crosland, 60, returned home to a tearful celebration after serving 34 years in prison for a crime prosecutors now say he did not commit.


U.S. District Judge Anita Brody this week ordered Crosland released or retried, and the DA formally dropped the charges. In her order, Brody affirmed the CIU’s efforts, saying the DA’s first responsibility is to justice: “The responsibility of doing justice does not disappear once a conviction is achieved. In some circumstances, the duty to seek truth can and should extend to cases long closed.”


The victim’s family also welcomed Crosland’s release, said Charles Heo, 50, who recalled translating the trial prosecutor’s explanations into Korean for his mother when he was just a teenager: “He said, ‘We got the guy.’ We believed him.”


He and his sister Song, 52, described their father, known in the community as Tony, as a revered, lighthearted, generous, and gregarious figure who took care of his neighbors, often carrying over more than $1,000 in “I owe yous” from those who couldn’t afford to pay. 


He was shot during a gunpoint robbery of his H&B Grocery Store by a masked perpetrator who knew to call him by his first name.


Despite his loss, Heo said he was grateful to see Crosland’s family reunited. “There was an injustice in this case,” he said, “and the ripple effects caused untold damage through our family’s lives, through the Crosland family’s lives.”

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In court filings, the CIU made clear Crosland’s case involved not only apparent misconduct but also a compelling innocence claim. “To me, it’s a case that has all the telltale signs of a wrongful conviction,” CIU supervisor Patricia Cummings said. “You have a case that was cold. Then you have snitches involved wanting something in their case, and then the historical lack of understanding and appreciation of [disclosure requirements].”


According to legal filings, the case was built on lies by informants police knew were tainted long before Crosland’s arrest.


One man, Rodney Everett, was facing a parole violation when he agreed to provide information in multiple murder cases — even testifying in two preliminary hearings on the same day.


The DA’s search of the police file yielded extensive undisclosed documents, including a failed polygraph test, a statement from Everett’s wife that he had identified a different perpetrator, and an undated letter from Everett to a homicide detective, seeking help in exchange for information.


The other informant, Delores Tilghman, had previously given a false statement in a different murder case, prosecutors say.


In interviews Thursday, both witnesses said they felt coerced into giving false statements. “It was just very brutal. They threaten you. They will use your family and they will tell you what they will do to your family, taking your kids,” said Everett, who testified at Crosland’s preliminary hearing but said he repeatedly tried to recant. “When you tell the truth, they don’t care. They’ll accept the lies, but they won’t accept the truth.” Everett refused to testify at Crosland’s trial, invoking his Fifth Amendment right against self-incrimination, but his earlier statement was read into the record. After Crosland’s conviction was overturned, Everett was granted immunity to testify at the second trial but recanted on the stand.


Yet Crosland was convicted again by a second jury.


As for Tilghman, she said detectives came to her home and woke her up, threatening to arrest her if she didn’t testify.

“It was him or me,” she said. “They were threatening me with putting me in jail. ... They can make that happen. I seen them make his life disappear with one witness.” She said she’d long regretted her role in the case and was glad to learn of Crosland’s release.


Over the years, Crosland has presented a growing collection of evidence to support his innocence: three eyewitnesses to the robbery and murder who said he was not the killer, and eventually another witness willing to identify the alternative suspect. He filed nine post-conviction relief petitions in state court and four federal habeas petitions before he was finally cleared by evidence that was contained in Philadelphia police and prosecutors’ files all along.


Some of that information was sealed in connection with grand jury investigations, but Cummings said that doesn’t excuse the nondisclosure. “The exculpatory information was technically in the hands of prosecutors,” she said, and should have been provided.



Curtis Crosland uses two phones to accept the stream of greetings from loved ones welcoming him home on Thursday outside his sister Shirley Crosland's home in the Cobbs Creek neighborhood. His brother, Victor, offered an embrace, then asked for his clothing sizes so he could help his brother achieve an immediate wish: not to wear any prison-issued clothing item.


Crosland represented himself for decades as lawyers botched his case, abandoned his claims, or filed letters with court saying his case had no merit. After the Federal Community Defender Office was appointed, they gained support from the CIU.


When he saw the evidence that had been hidden in the case last year, he said, “it made me very emotional. It was mind-blowing that all that could be hidden, to convict an innocent man. It was painful. It was difficult to even share with my family some of the things I learned that happened to me.”


But on Thursday night, home with his sons and wearing street clothes for the first time in 34 years, he and his family said it felt like divine intervention.

Risheen Crosland, 36, of West Oak Lane, was just 2 when his father was arrested. His oldest brother, Curtis Jr., became the father figure at age 6.

“I was told when I was 16 that he would always belong to the state of Pennsylvania,” Risheen Crosland said. “I tried everything I could to get my father out. Then when nothing else worked, it seemed like God just showed me what he could really do.”


Engaged to his childhood sweetheart Jackie Gray, Crosland said his goal now is to get a decent job, spend time with his family, and use his hard-earned legal knowledge to help the other “family” of innocent men he left behind in prison.


Then, more calls and FaceTime visits came in, from even more friends and relatives who’d just heard the news. Crosland had decided to keep his homecoming a secret, after so many decades of hopes raised and then dashed.


“You never know what’s going to happen,” he said. “For years, I’ve been saying, ‘I’m coming’ and ‘It’s gonna happen,’ and it didn’t happen. I didn’t want them to feel torn down.”


The entire story can be read at: 

curtis-crosland-exonerated-philadelphia-da-ciu-20210625.html


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: 

False Confessions; (Part Two): Roman Zadorov: Israel: Bulletin: Granted a retrial in May, Roman Zadorov had been sentenced to life in prison for murdering a 13-year-old girl despite his repeated assertions he had been wrongly convicted. (The Ukrainian-Israeli handyman has spent more than a decade in prison for the brutal 2006 murder of Tair Rada.) The retrial has been delayed until July 26, The Jerusalem Post reports.


BACKGROUND: (Charles Smith Blog): "Rada was found dead in a bathroom stall in her Katzrin school in the Golan Heights, with slashes to her neck, stab wounds across her body and severe blows to her head. Shortly after the murder, Zadorov, who was employed at the school at the time as a maintenance worker, was arrested and charged with the killing. Two weeks after his arrest, police announced Zadorov had confessed to Rada’s murder and reenacted the attack for investigators. But a day later, Zadorov’s defense attorney announced that his client had recanted, claiming his confession and reenactment were coerced and included incorrect information. In 2010, nearly four years after he was arrested, the Nazareth District Court sentenced him to life in prison."

https://smithforensic.blogspot.com/2021/05/roman-zadorov-israel-false-confession.html

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STORY: "Roman Zadorov's trial delayed until July," by Jerusalem Post staff, published by The Jerusalem Post on June 28, 2021.


GIST: "Roman Zadorov, who was convicted of the murder of Tair Rada, will have his retrial delayed from June 28 and will now take place on July 26.  Zadorov was convicted in 2010 and again in 2014 for the murder of 14-year-old Tair Rada at the Nofei Golan Middle School in Katzrin. In May Supreme Court deputy chief justice Hanan Melcer announced that he has approved a request for a retrial for Zadorov." 


The entire story can be read at:

https://www.jpost.com/breaking-news/roman-zadorovs-retrial-delayed-until-july-672257

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;

False confessions: (Part One): 'Lying to youth': Major (Welcome) Development: Oregon becomes the second state to pass legislation prohibiting law enforcement officers from using deception while interrogating people under the age of 18, the Cannon Beach Gazette reports..."The bill bans commonly used deceptive interrogation tactics, including false promises of leniency and false claims about the existence of incriminating evidence. Both of these tactics have long been identified as significantly increasing the risk of false confessions, which have played a role in about 30 percent of all wrongful convictions overturned by DNA. False confessions are also the most frequent contributing factor in wrongful conviction cases involving homicides. Recent studies suggest that children under 18 are between two and three times more likely to falsely confess than adults."


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 inducement. deception (read ‘outright lies’) physical violence,  and even physical and mental torture.

Harold Levy: Publisher; The Charles Smith Blog:

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QUOTE OF THE DAY: "Recording gave us a window inside the interrogation room,” said Steven Drizin, co-director of the Center on Wrongful Convictions at Northwestern Pritzker School of Law, and a nationally recognized expert on false confessions. “When we’ve peered through that window over the past two decades, we’ve seen again and again how lies about evidence and false promises of leniency contribute to false confessions by youthful suspects. This is the next generation of reform; it will prevent juvenile false confessions without preventing police from obtaining true confessions.”

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PASSAGE OF THE DAY: "and staunch advocacy of people impacted by the use of deception in their own cases. Huwe Burton and Martin Tankleff, two exonerated men who were victims of deceptive interrogation methods. Both testified in support of this legislation. Their experiences helped convince lawmakers of the deleterious impact of deception in the interrogation room. Burton, who wrongfully spent 19 years in prison, reacted to the vote and said, “We have the opportunity to be on the right side of history. The world will watch as we set the stage for how our children are treated by those commissioned to protect them.” Mr. Tankleff, who spent 17 years behind bars for a crime he didn’t commit, said, “It is my hope that with the passage of this legislation, young individuals will not suffer the type of interrogation tactics I and others have suffered. Passage of this legislation protects all, especially our community.”


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PASSAGE TWO OF THE DAY: "The newly passed bill follows recommendations made by the International Association of Chiefs of Police and global police training organizations, including leading firm Wicklander-Zulawski & Associates, Inc. This legislation would encourage law enforcement members to adopt alternative interrogation techniques commonly used in countries like the United Kingdom, where deceptive tactics have long been abandoned. These alternative methods have proven far more effective in producing reliable confessions from suspects. Yet, the vast majority of police agencies in the United States currently employ the psychologically coercive, but legally permissible, interrogation techniques that this bill would prevent when interrogating juveniles in Oregon."


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PASSAGE THREE OF THE DAY: "Bills addressing deceptive interrogation practices and the reliability of confessions have also been introduced in both New York and Illinois. Just two weeks ago, the Illinois bill passed the full legislature. Senate Bill 2122 now goes to Illinois Gov. J.B. Pritzker’s desk to be signed. The New York proposal, which would ban deception not only for young people, but also for adults, is still pending — in New York alone, there have been 43 known false confession cases, including the so-called Central Park Five, who are now known as the Exonerated Five."


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STORY: "Deception bill passes Oregon legislature, banning police from lying to youth," published by The Cannon Beach Gazette on June 23, 2001.


GIST: "On Tuesday, June 15, Oregon became the second state to pass legislation prohibiting law enforcement officers from using deception while interrogating people under the age of 18. The bill bans commonly used deceptive interrogation tactics, including false promises of leniency and false claims about the existence of incriminating evidence.


Both of these tactics have long been identified as significantly increasing the risk of false confessions, which have played a role in about 30 percent of all wrongful convictions overturned by DNA. False confessions are also the most frequent contributing factor in wrongful conviction cases involving homicides. Recent studies suggest that children under 18 are between two and three times more likely to falsely confess than adults.


This legislation is rooted in the work and expertise of the Innocence Project, the Center on Wrongful Convictions at Northwestern University School of Law, and the Oregon Innocence Project, which collectively have exposed hundreds of wrongful convictions based on false confessions. 


The bill was originally sponsored by State Sen. Chris Gorsek (D-25), who is a former police officer, and was also sponsored and championed through the leadership of State Sen. Michael Dembrow (D-23), Sen. James Manning, Jr. (D-7), State Rep. Khanh Pham (D-46), and State Rep. Jeff Reardon (D-48). Additionally, this legislation garnered support from law enforcement organizations, including the Oregon Association of Chiefs of Police and the Oregon State Sheriffs’ Association.


“Senate Bill 418 A expands on youth justice legislation I’ve worked on with this team in two previous legislative sessions; it requires law enforcement to tell the truth during interrogations,” said Sen. Gorsek. “As a criminal justice educator and former police officer, this is a professional standard I teach and we have reliable data showing that untruthfulness used in interviews can lead to false confessions.”


“The Innocence Project’s initial foray into false confession reform was mandating the electronic recording of interrogations — a foundational change that makes a record of what transpires in the interrogation room. Now that more than half the states have implemented this reform, we have also turned our attention to interrogation methods employed by law enforcement,” said Rebecca Brown, director of policy at the Innocence Project. “The fact that two states in short order have passed this historic legislation is a breakthrough in safeguarding against the wrongful convictions of young people and demonstrates the beginning of a national trend to address deception during interrogations.”


The passage of this legislation would not have been possible without the participation and staunch advocacy of people impacted by the use of deception in their own cases. Huwe Burton and Martin Tankleff, two exonerated men who were victims of deceptive interrogation methods. Both testified in support of this legislation. Their experiences helped convince lawmakers of the deleterious impact of deception in the interrogation room.


Burton, who wrongfully spent 19 years in prison, reacted to the vote and said, “We have the opportunity to be on the right side of history. The world will watch as we set the stage for how our children are treated by those commissioned to protect them.”


Mr. Tankleff, who spent 17 years behind bars for a crime he didn’t commit, said, “It is my hope that with the passage of this legislation, young individuals will not suffer the type of interrogation tactics I and others have suffered. Passage of this legislation protects all, especially our community.”


“Recording gave us a window inside the interrogation room,” said Steven Drizin, co-director of the Center on Wrongful Convictions at Northwestern Pritzker School of Law, and a nationally recognized expert on false confessions. “When we’ve peered through that window over the past two decades, we’ve seen again and again how lies about evidence and false promises of leniency contribute to false confessions by youthful suspects. This is the next generation of reform; it will prevent juvenile false confessions without preventing police from obtaining true confessions.”



The newly passed bill follows recommendations made by the International Association of Chiefs of Police and global police training organizations, including leading firm Wicklander-Zulawski & Associates, Inc.


This legislation would encourage law enforcement members to adopt alternative interrogation techniques commonly used in countries like the United Kingdom, where deceptive tactics have long been abandoned. These alternative methods have proven far more effective in producing reliable confessions from suspects. Yet, the vast majority of police agencies in the United States currently employ the psychologically coercive, but legally permissible, interrogation techniques that this bill would prevent when interrogating juveniles in Oregon.


“Lying in an interrogation is hypocritical and contradictory to the development of rapport, a core component in ethical and successful investigative interviews”, said Dave Thompson, CFI, and president of Wicklander-Zulawski. “Oregon is helping lead the way in the evolution of interrogation standards with the passing of this bill. This continues the trend of investigators seeking non-confrontational, research-based techniques to resolve cases while mitigating the risk of false confessions and improving trust within community-police relationships.”


"We know from hundreds of exonerations that false confessions contribute to wrongful convictions and research shows that youth are particularly susceptible to the use of deceptive interrogation tactics by police, which can lead to youth confessing to something they did not do,” said Zach Winston, policy director at the Oregon Innocence Project. “In addition, the data clearly demonstrates that Black, Indigenous, and People of Color are more likely to be targeted by police as suspects and more likely to falsely confess, for reasons that stem from their communities' past experiences with police and how police treat them during an interrogation. This bill will protect Oregon youth from deceptive police interrogation tactics and make false confessions less likely to occur."


National Reform

Bills addressing deceptive interrogation practices and the reliability of confessions have also been introduced in both New York and Illinois. Just two weeks ago, the Illinois bill passed the full legislature. Senate Bill 2122 now goes to Illinois Gov. J.B. Pritzker’s desk to be signed. The New York proposal, which would ban deception not only for young people, but also for adults, is still pending — in New York alone, there have been 43 known false confession cases, including the so-called Central Park Five, who are now known as the Exonerated Five.


The Innocence Project, which is affiliated with Benjamin N. Cardozo School of Law at Yeshiva University, is a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice.


The Oregon Innocence Project is the only project of its kind in Oregon whose sole mission is to actively track claims of innocence, investigate those claims, test DNA and other scientific evidence, and litigate where appropriate to help wrongfully convicted Oregonians clear their names.""


The entire story can be read at:

https://www.cannonbeachgazette.com/news/deception-bill-passes-oregon-legislature-banning-police-from-lying-to-youth/article_c33e4f57-965c-511e-9a33-77cabe39c0b9.html

See related 'Vice News' story,  (in its entirety at the link below, "How police lie to kids in interrogations and get away with it, by Reporter Emma Ockerman, published on June 25, 2001. “The issue, in part, is cops’ use of confrontational interrogation methods, including the Reid technique, which was introduced more than 70 years ago and entails law enforcement confirming their existing belief of guilt by squeezing a confession out of someone.  “It permits deception, explicitly, and it really is seeking to get a confession out of a suspect that law enforcement already believes committed the crime,” said Rebecca Brown, policy director for the Innocence Project.  John E. Reid and Associates, the company that developed the Reid technique and still trains police to use it today, has said that when false confessions arise, it’s because the guidelines for their technique aren’t being followed. Officers are not supposed to promise leniency and are urged to use “extreme care” when approaching children in particular. Even so, Wicklander-Zulawski & Associates, a leading interrogation consulting firm that also trains police, said it would stop using the Reid technique in 2017. And interrogators in places like the United Kingdom rely instead on the “PEACE method,” a different method of questioning crime suspects that is “less confrontational, less accusatory, less deceptive, more conversational, and more focused on gathering information,” according to a 2017 paper published in the New York University Law Review."

how-cops-lie-to-kids-in-interrogationsand-get-away-with-it

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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;
—————————————————————————————————
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;

Sunday, June 27, 2021

Rapper McKinley “Mac” Phipps: Louisiana: Bulletin: Freed on parole after 20 years in prison - he still claims his innocence..."At the time of the shooting, he was a 22-year-old rapper with a new record deal with the No Limit label. Phipps has always maintained that he was wrongfully convicted. Witnesses told The Huffington Post in 2015 that their testimony was coerced, bringing new attention to his case."



PUBLISHER'S NOTE: A sour note, so to speak, has always hung over this case because of allegations of coerced testimony  as well as widespread perception that prosecutor's used his Rap lyrics as evidence to send him to prison.  Check out the recent article by Sam Fahmy: 'University of Georgia Professor challenges using Rap as criminal evidence. January 29, 2021..."Andrea L. Dennis has catalyzed a legal assessment of the use of lyrics Rap is one of America’s most popular musical genres, but research by University of Georgia professor Andrea L. Dennis has found that it also has the distinction of being the only art form that is regularly used as evidence against criminal defendants. Her groundbreaking scholarship has catalyzed a national assessment of a practice that disproportionally affects Black and Latino defendants. “Whether used as autobiographical confession, evidence of state of mind, evidence of bad character, or as a threat, rap is the only fictional music genre used in this way,” said Dennis, the associate dean for faculty development and John Byrd Martin Chair of Law in the School of Law. “And the use of rap lyrics as criminal evidence is part of a larger and longer history of using racial epithets, racial imagery, stereotypes and narratives to criminalize and convict Black and Latino men.”

Harold Levy Publisher: The Charles Smith Blog.

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STORY: "Rapper freed after 20 years in prison still claims innocence in killing," The Atlanta-Journal Constitution (Associated Press) reports."

GIST: "Rapper  has been released from prison after being granted parole in the case of a 2001 shooting at a south Louisiana nightclub.


The Times-Picayune/The New Orleans Advocate reported that Phipps was released late Tuesday, hours after parole was granted by the state parole board.


Phipps was serving a 30-year sentence after a St. Tammany Parish jury found him guilty in 2001 of manslaughter in the shooting death of a man at a nightclub in Slidell. At the time of the shooting, he was a 22-year-old rapper with a new record deal with the No Limit label.

Phipps has always maintained that he was wrongfully convicted. Witnesses told The Huffington Post in 2015 that their testimony was coerced, bringing new attention to his case.


Phipps, meanwhile, was drawing praise for mentoring young inmates. Board members noted that he had no disciplinary infractions in the last 18 years and that he would be eligible for early release for good behavior in 2024.


Under his current parole conditions, he must observe a 9 p.m. to 6 a.m. curfew, avoid establishments which serve alcohol, perform six hours of community service a month with at-risk youth, and meet with his parole officer weekly.


Phipps’ wife and mother pledged to help him comply with his parole conditions. No one opposed the parole and the parole panel approved it unanimously.”


“I want to say thank you for this opportunity,” Phipps added. “I definitely want to say I’m sorry to the family of the victim and to just anyone who was affected by this.”

Gov. John Bel Edwards granted Phipps clemency in April, setting up Tuesday’s hearing.

The entire story can be read at:


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;



Annie Dookhan: Massachusetts: Bulletin: Crime lab fiasco back in the news (it seems like it never went away. HL.) as a Supreme Court Justice drops 100 more convictions - all handled by her, The Boston Herald (Reporter Joe Dwinell) reports..."The ruling came after Suffolk District Attorney Rachael Rollins filed a motion to vacate those convictions. She has pledged to dismiss Suffolk County drug convictions — an estimated 74,800 — for anyone whose drug certification was done at the Hinton Lab between May 2003 and August 2012. That’s when rogue chemists Dookhan and Sonja Farak were convicted of botching samples in what has become the worst case of its kind in the nation’s history."


QUOTE OF THE DAY: “No conviction that Annie Dookhan had a role in securing can be allowed to stand now that we understand the full scope and enormity of her malfeasance and the gross mismanagement of the former William A. Hinton State Laboratory Institute,” Rollins said Friday."

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PASSAGE OF THE DAY: 

STORY: "More drug cases dropped due to tainted chemist Annie Dookhan," by Investigative/Enterprise Reporter Joe Dwinell, published by The Boston Herald on June 25, 2021."

PHOTO CAPTION: "Former state chemist Annie Dookhan now out of jail, is still linked to botched cases."

GIST: "The Annie Dookhan lab fiasco continues to haunt the courts.

A single justice of the Supreme Judicial Court tossed 100 convictions Friday that were all handled by Dookhan.

The ruling came after Suffolk District Attorney Rachael Rollins filed a motion to vacate those convictions. She has pledged to dismiss Suffolk County drug convictions — an estimated 74,800 — for anyone whose drug certification was done at the Hinton Lab between May 2003 and August 2012.

That’s when rogue chemists Dookhan and Sonja Farak were convicted of botching samples in what has become the worst case of its kind in the nation’s history.

“No conviction that Annie Dookhan had a role in securing can be allowed to stand now that we understand the full scope and enormity of her malfeasance and the gross mismanagement of the former William A. Hinton State Laboratory Institute,” Rollins said Friday.

In tossing the cases, Rollins added taxpayers will not be forced to “shoulder the cost of litigating each of these cases individually.”

The motion to vacate the remaining cases was filed by Assistant District Attorney David A.F. Lewis, chief of District Attorney Rollins’ Integrity Review Bureau. That bureau, launched in 2019, is the first unit of its kind in the nation, the DA said.

Dookhan raced through tests falsifying evidence, prosecutors said. Farak was addicted to the drugs she was testing and was accused of smoking crack “10 to 12 times a day, including during work” at a lab in Amherst, according to a state probe.

More than 7,800 cases linked to the breaking-bad chemists were already reviewed and thrown out with prejudice as part of a 2017 Supreme Judicial Court ruling."

The entire story can be read at:

https://www.bostonherald.com/2021/06/25/more-drug-cases-tossed-due-to-tainted-chemist-annie-dookhan/

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: "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;

Testing DNA in cold-cases: Julianne "Julie" Williams and Laura "Mollie" Winans: DC:This month, FBI “seeking information” posters about the 1996 double murder of Julianne “Julie” Williams and Laura “Lollie” Winans in Shenandoah National Park began to appear at bus stops in D.C., marking the 25th anniversary of the unsolved murders. in a fascinating, unique analysis, Deidre M. Enright, Founder and director of the Innocence project at the University of Virginia school of law explains why the FBI should use DNA, not posters, to solve cold-case murders in illuminating Washington Post opinion piece - and why the FBI prefers "evidence provided by jailhouse snitches to science."


PUBLISHER'S NOTE: Many posts on this Blog over the years have dealt with refusal of the authorities and the courts to permit post-conviction DNA testing - even in death penalty cases - thereby rejecting the opportunity to allow science to point to the truth.  As expressed in a 'Publisher's Note' I include on all  of my  posts on refusal to test DNA cases: WORDS TO HEED: FROM OUR POST ON KEVIN COOPER'S  APPLICATION FOR POST-CONVICTION DNA TESTING; CALIFORNIA: (Applicable wherever a state resists DNA testing): "Blogger/extraordinaire Jeff Gamso's blunt, unequivocal, unforgettable message to the powers that be in California: "JUST TEST THE FUCKING DNA." (Oh yes, Gamso raises, as he does in many of his posts, an important philosophical question: This post is headed: "What is truth, said jesting Pilate."...Says Gamso: "So what's the harm? What, exactly, are they scared of? Don't we want the truth?" 

 https://smithforensic.blogspot.com/2018/06/kevin-cooper-2-california-application.html

Deidre Enright's column - the subject of this post - is the first  opinion piece I have seen which similarly refers to  a reluctance to use DNA testing - this time in cold-case investigations. A fascinating, important read.


Harold Levy: Publisher: The Charles Smith Blog.


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PASSAGE OF THE DAY:  "Before using tax dollars to put posters at bus stops in search of people who may or may not have seen something 25 years ago, why not test the forensic evidence? Just this month, Georgia tested DNA to solve a cold case more than 60 years old. Williams’s and Winans’s families and friends have waited a quarter of a century for closure that is likely sitting untouched in an evidence locker at Quantico. To refuse to test because the results might embarrass the government is criminal."


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COMMENTARY: "The FBI Should use DNA, not posters, to solve a cold-case murder, by  "Deirdre M. Enright,  founder and director of the Innocence Project at the University of Virginia School of Law, published by The Washington Post on  June 25, 2021."


GIST: This month, FBI “seeking information” posters about the 1996 double murder of Julianne “Julie” Williams and Laura “Lollie” Winans in Shenandoah National Park began to appear at bus stops in D.C., marking the 25th anniversary of the unsolved murders. The FBI released similar fliers in 2016 on the 20th anniversary — without success. This effort is similarly futile, and it overlooks the obvious forensic avenues that could solve this case.


As the founder and director of the Innocence Project at the University of Virginia School of Law, I am no stranger to uncovering evidence of law enforcement investigations that are negligent, ill-informed, counterintuitive and sometimes outright vindictive. The desire to “get someone” can quickly swallow the duty to find the right someone, and tunnel vision appears to sometimes be irresistible. This is precisely why the murders of Williams and Winans remain unsolved.


 In April 2002, then-Attorney General John D. Ashcroft held a news conference to announce the indictment of Darrell Rice for the murders of Williams and Winans. I was among the lawyers and investigators who worked for years defending Rice, and I continued to defend him pro bono when it was later suggested that he was also the infamous “Route 29 Stalker.” Six years later, neither accusation turned out to be true.


On the Shenandoah case, our defense team spent years studying and investigating the thousands of pages of police reports, lab reports and witness interviews. We also conducted our own independent investigations and interviews. In time, DNA results forced the government to dismiss the charges against Rice and strongly suggested that Richard Evonitz — a known serial killer — murdered Williams and Winans.


As anniversaries of the crimes come and go, the government has staunchly refused to test the DNA for a link to Evonitz and to pursue the very real possibility that they already have the evidence needed to solve this case. 


DNA tests showed that hairs found in gloves at the crime scene and in the duct tape used to bind the victims were from the same source and matched Evonitz’s hairs at all but two of 650 base pairs on a mitochondrial chain. In 2004, the government called that “inconclusive.”


Several labs have assured us that there are now tests available that would likely produce conclusive results. There is male DNA on one of the gags, and it isn’t Rice’s. There are lubricants in both victims, and they cannot be linked to either victim or Rice. Evonitz had many lubricants.


The obvious question in 2021 is why would the federal government so obstinately resist forensic testing in favor of posters? Perhaps it was the fact that less than three months after Ashcroft announced Rice’s indictment, Evonitz’s last victim managed to escape from his townhouse, unscrewing herself from his bondage board and running naked into a parking lot to flag down a ride to the police station. Evonitz fled, but the FBI followed him to Florida, where his car was stopped by road spikes; he shot himself as police dogs attacked. Just before he died, he called his sister and admitted that he had committed more crimes than he could remember.


Rather than investigate Evonitz at that point, the government doubled down on the theory that Rice had killed Williams, Winans and Alicia Showalter Reynolds. They interpreted Evonitz’s “more crimes” to be three people. They compared Evonitz only to the murders of three girls in Spotsylvania but never to the unsolved murders of four other women in central Virginia between 1996 and 1997, Williams and Winans being just two. Evidence from the killings of Reynolds and Anne McDaniel has never been compared to Evonitz’s DNA. For five more years, the federal government continued its bankrupt prosecution of Rice, preferring “evidence” provided by jailhouse snitches to science.


Even after the government folded, many people — me included — have begged the government to retest physical evidence associated with these cases. We asked for the result of the last DNA test conducted just before the government dismissed its case against Rice. It refused. A forensic lab in California offered to do the testing for free. Some of the victims’ families have asked for the testing against Evonitz. The government’s stoic refusal to compare Evonitz’s DNA — and its preference for posters — squares with neither logic nor science.


Before using tax dollars to put posters at bus stops in search of people who may or may not have seen something 25 years ago, why not test the forensic evidence? Just this month, Georgia tested DNA to solve a cold case more than 60 years old. Williams’s and Winans’s families and friends have waited a quarter of a century for closure that is likely sitting untouched in an evidence locker at Quantico. To refuse to test because the results might embarrass the government is criminal.

The entire commentary can be reached at:

https://www.washingtonpost.com/opinions/2021/06/25/julie-williams-laura-winans-unsolved-murder-test-dna/

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: "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;