Eight Myths that Convict the Innocent (Part II): Debunking Six Common Misconceptions

About American Criminal Justice

Tuesday, July 23

Morning Session

Eight

Myths

Myth 1: Everyone in prison claims innocence.

Myth 3: Only guilty people confess.

Myth 5: Eyewitness is the best evidence.

Reality:

Everyone in

prison does

NOT claim

innocence.

• Ohio’s experience in post-conviction

DNA testing

• Costs of claiming innocence

– Risk of draconian sentence

– Denial of parole

• Often accompanying this myth: “Even if we get it wrong this time, this is a bad guy.”

Eight

Myths

Myth 1: Everyone in prison claims innocence.

Myth 2: Our system almost never convicts an innocent

person.

Myth 3: Only guilty people confess.

Myth 5: Eyewitness is the best evidence.

Reality:

Thousands,

perhaps tens

of thousands,

of innocent

people are in

prison today.

• Prison population; percentage of error

• Stats as of today:

- Innocence Project (311)

http://www.innocenceproject.org

- National Registry of Exonerations

(1,171) https://www.law.umich.edu/special/exoneration/Pages/about.aspx

• Tip of the iceberg

Eight

Myths

Myth 1: Everyone in prison claims innocence.

Myth 2: Our system almost never convicts an innocent

person.

Myth 3: Only guilty people confess.

Myth 4: Wrongful Convictions are the result of innocent human error.

Myth 5: Eyewitness is the best evidence.

Reality:

Police

misconduct

was present

in 45% of

DNA-proven

wrongful

convictions.

• Planting evidence

• Physical and psychological abuse to coerce confessions

• Threatening defendant or witnesses

• Knowingly using unreliable evidence

• Rewarding snitches; lying about it

• Failing to turn over exculpatory evidence to prosecutors

David Ranta

• Feb. 8, 1990 – Murder of Rabbi ChaskelWerzberger, 56, in Brooklyn, NY

• Detective Louis Scarcella led a team of 40 detectives

• David Ranta was arrested and convicted in May 1991, sentenced to 37.5 years

• No physical evidence • According to The New York

Times (“Jailed Unjustly in the Death of a Rabbi, Man

Nears Freedom”, March 20, 2013) Scarcella and his partner, Stephen Chmil, “broke rule after rule.”

David Ranta

Among findings of Brooklyn’s Conviction Integrity Unit that prompted Ranta’s recent release: • A witness who was 13 at the time said that he was coached to select from the lineup the “one with the big nose” • A jailhouse snitch admitted he made up his story implicating Ranta to improve his own situation • A widow said her late husband admitted committing the murder • Prosecutors discovered that Det. Scarcella had allegedly rewarded jailed felons with crack cocaine and visits with prostitutes in exchange for their help in making the case.

Detective Louis

Scarcella

On May 11, 2013, The New York Times reported that District Attorney Charles J. Hynes has ordered a review of about 50 murder cases in which retired Detective Scarcella’s investigation led to a conviction. Concerns include: • His reliance on the same witness — an addict and prostitute — in different cases • Suspects claiming that they never gave confessions that were provided as evidence by Scarcella •Witnesses’ and suspects’ accusations of his coercing testimony from them

Photo: Suzanne DeChillo/The New York Times

Reality:

Prosecutorial

misconduct

present in

50% of

DNA-proven

wrongful

convictions.

Examples:

• Brady violations

• Knowingly using unreliable evidence

• Knowingly using a coerced confession

• Improper questioning, examination

• Making false, prejudicial statements

• Violating fifth amendment rights

• Racial discrimination in jury selection

Michael Morton • August 13, 1986: Bludgeoning murder of Christine

Morton • Husband Michael Morton focus of investigation, no

physical evidence • Morton convicted on Feb. 17, 1989, and given life

sentence • Removed from three-year old son, spent nearly 25

yrs. in prison • Always claimed innocence, attracted the Innocence

Project • Petitioned for DNA testing of bloody bandana found

near home • District Attorney John Bradley fought testing for six

years • Jan. 2010: Third Circuit Court of Appeals granted

the testing • June 2011: Testing revelation

Photo: Jay Janner for Statesman.com

• Public records request revealed evidence had been withheld from the defense

• Oct. 2011: Michael released from prison • Dec 2011: Officially exonerated • Mark Norwood’s DNA also linked to

similar murder of Debra Masters Baker • March 27, 2013: Mark Alan Norwood

convicted of murder of Christine Morton • April 19, 2013: After a rare court of

inquiry into the prosecution of Morton, Judge Louis Sturns of Fort Worth issued an arrest warrant for former Williamson County Prosecutor Ken Anderson, a sitting Texas District Judge, for his handling of the Morton case.

• Michael Morton Act to become Texas Law on Sept. 1, 2013

Photo: Associated Press

Ken Anderson

Mark Alan Norwood

Photo: Handout

Eight

Myths

Myth 1: Everyone in prison claims innocence. Myth 2: Our system almost never convicts an

innocent person. Myth 3: Only guilty people confess. Myth 4: Wrongful Convictions are the result of

innocent human error. Myth 5: Eyewitness is the best evidence. Myth 6: Conviction errors get corrected on appeal.

Reality:

The appeals

process has

failed to

correct most

conviction

errors.

• Example: Clarence Elkins case

• Procedural, not fact-finding

• System resistant to revisiting cases

• Voters encourage convictions, closure

• Judges reluctant to overturn verdict

• Courts often powerless to correct obvious error (Virginia case)

Eight

Myths

Myth 1: Everyone in prison claims innocence. Myth 2: Our system almost never convicts an innocent person. Myth 3: Only guilty people confess. Myth 4: Wrongful Convictions are the result of innocent

human error. Myth 5: Eyewitness is the best evidence. Myth 6: Conviction errors get corrected on appeal. Myth 7: It dishonors a victim to question a conviction.

Reality:

It dishonors

the victim to

enable true

perpetrators

to escape

justice.

• Example: In opposing DNA testing for a paroled convicted rapist, a Fairfield County (Ohio) assistant prosecutor said, “We think it would be devastating to victims everywhere, not just in this case.” His position was “out of confidence in and respect for the jury, the appeals court, and the victim.”

• Wagner and Dutton, “Out of Time,” Columbus Dispatch, January 28, 2008

• This approach only creates more victims – In 10 of New York’s 24 wrongful

convictions, the real perpetrator was identified. In 9 of these the real perpetrator had committed additional crimes (five murders, seven rapes, two assaults and one robbery) while the innocent languished in prison.

(The Innocence Project)

Eight

Myths

Myth 1: Everyone in prison claims innocence. Myth 2: Our system almost never convicts an innocent

person. Myth 3: Only guilty people confess. Myth 4: Wrongful Convictions are the result of innocent

human error. Myth 5: Eyewitness is the best evidence. Myth 6: Conviction errors get corrected on appeal. Myth 7: It dishonors a victim to question a conviction. Myth 8: If the justice system has problems, the pros will

fix them.

Reality:

The justice

system is not

self-

correcting.

• Prosecutorial accountability is hot topic that illustrates system’s failure in monitoring its own.

• Great responsibility, little accountability

• Multiple players, little oversight

• Voters abdicate responsibility at great peril

Advancing toward the promise

of justice for all

Tuesday, July 23

Afternoon Session

Als0

Troubling

Significant problems in forensic sciences in criminal justice • Arson theories debunked • Shaken baby syndrome • FBI hair analysis • Prosecutorial accountability • Prison population and lower caste • Equal application of justice • Death penalty • Scope and Costs of corrections