Criminal Justice

Exonerated: wrongful convictions overturned and the lessons we can learn

Published October 05, 2008 @ 10:45AM PT

Wrongful convictions are as old as justice itself, and any system of criminal justice is a human endeavor, which will inevitably make mistakes. However, it wasn't until the advent of DNA testing that these mistakes were exposed beyond a shadow of a doubt. DNA has changed the criminal justice system forever: thousands of people have been convicted based on DNA evidence, and more than 220 have been exonerated. Other forms of evidence have also overturned thousands of convictions, but the standard is proof in non-DNA cases is much, much higher.

DNA exonerations have sparked a period of rapid reform in the American criminal justice system; by exonerating the innocent they have illuminated the unreliability of certain types of formerly convincing evidence - like eyewitness identification and false confessions. But DNA testing isn't a panacea, and although its lessons could prevent wrongful convictions down the road, it offers little help to innocent inmates without DNA evidence to test. Since only about 10 percent of felony convictions involve biological evidence, many experts believe that there are thousands of wrongfully convicted people in prison today without the benefit of DNA evidence to prove their innocence. For the other 90 percent, proving innocence after a jury or judge has found guilt is all the more difficult. Our system is built to establish facts at trial and then trust those facts through the appeal process, so even defendants with strong evidence of innocence are sometimes denied a chance to present that evidence on purely procedural grounds.

Below are four examples of cases in which American prisoners were able to overturn wrongful convictions by presenting new evidence of their innocence - and one case in which evidence strongly suggested the innocence of a Texas man after he was executed.

(Full disclosure, I work at the Innocence Project, which was involved in the cases below, either as primary appellate counsel or in a consulting role.)

Kirk Bloodsworth was the first person exonerated by DNA evidence after serving time on death row. He was convicted of a murder he didn't commit in Maryland in 1985 and sentenced to death. After his conviction, Bloodsworth's attorneys found that police had withheld information about a possible alternate suspect, and based on this and other new evidence, he was granted a new trial. Unfortunately, he was convicted again, this time sentenced to life in prison. It wasn't until 1993, when he had served eight years in prison, that DNA testing proved Bloodsworth's innocence and led to his release. Today, he works as a program officer at the Justice Project and is the subject of Tim Junkin's "Bloodsworth: The True Story of the First Death Row Inmate Exonerated by DNA."

Jerry Miller was exonerated in 2007 in Illinois after serving 25 years in Illinois prison for a rape he didn't commit, making him the 200th person cleared by DNA testing in the U.S.. He was misidentified by witnesses in a police lineup, a factor shared by 75% of wrongful convictions overturned by DNA testing. Watch an interview with Miller on YouTube here.

Dennis Fritz and Ron Williamson were convicted of a murder they didn't commit in Ada, Oklahoma in 1988. Some of the most persuasive evidence against the men at trial came from jailhouse informants, who testified that Fritz and Williamson had confessed to them while they shared cells. Informants, especially those receiving a sentence reduction or other incentive for their testimony, are notoriously unreliable witnesses. The men served 11 years in prison - Williamson was on death row - before DNA testing proved their innocence. In 2006, John Grisham published a book about the cases, "The Innocent Man."

Marty Tankleff was freed in 2007 after serving 17 years in prison for allegedly killing his parents at their Long Island, New York, home.  After hours of questioning, Tankleff wondered if could have blacked out and committed the crime. Detectives read him his rights at this time, and drew up a "confession," which Tankleff immediately recanted and never signed. Based on his alleged false admission (false confessions and admissions account for 25% of wrongful convictions overturned by DNA testing, and young people are particularly susceptible), Tankleff was convicted and sentenced to 50 years to life. While there was no DNA evidence in Tankleff's case, a sweeping investigation by his attorneys found convincing evidence of his innocence, and a New York judge overturned his conviction in late 2007, leading to his release.

Cameron Todd Willingham was executed in Texas in 2004 for allegedly setting the fire that killed his three children.  He was convicted based on arson science that has since been debunked. A panel of arson experts recently found that the science used to convict Willingham was faulty and that Texas may have executed an innocent man. An investigation into the case - and into hundreds of questionable arson convictions around the country - is currently ongoing.

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  1. Patsy Grimmett

    http://elegant-insanity.com/z/


    http://zejanmonkey.com/

     


    The links above are the two sites referred to by the judge in the article at the end of this letter.

     

    I am sending this as an open letter to any attorney, investigator, or investigative reporter for help. My son, William Bleigh, was sentenced March 13, 2009 to 81 years in prison for raping his daughter.
    He is innocent.  Yes, you have heard this before, but it is true in this case.
    The judge at sentencing, compared his large group of supporters to the Manson Family. He stated Bill was unrepentant. In other words, Bill would not plea, and held fast that he was innocent to the very end.

    Bill got custody of his daughter and her brother when the children's mother abandoned them.  She had disappeared after leaving them with Bill, and did not return for the children until several months later. He decided to take custody from the mother after witnessing her filthy (dog urine on her already dirty clothes that had been retrieved from the bathtub filled with more dirty clothes and the disgusting condition of the mother's home as an example) physical condition and stories of numerous 'uncles' living with the family. Needless to say, Bill got custody of his daughter and her brother who was not my son's genetic child after his biological father refused to take custody of him.  His daughter exhibited bizarre behavior (injuring herself, destruction of property, etc.) almost from the very day she came to live with Bill. He had her in counseling almost from the start.  As she grew older, she made several accusations of rape toward several men, all proven untrue. Living with my son, she had love and limits.  Homework time, minimal television, curfew times and chores. She wanted to go back and live with her mother, and found the only way she could legally go back to her mother was to bring charges of rape against my son. He was arrested and spent almost a year in jail while awaiting trial.

    The evidence was her word (rape, claimed she burnt him with cigarettes, etc) and pictures on Bill's digital camera of a man having sex with the girl. The time stamp on the camera was verified by the police when it was seized. After my son proved he was at work at the time the photos were taken, the prosecutors office suddenly claimed the police were wrong, the time stamp on the camera was now wrong.

    Bill had custody of his two children from his marriage as well, a boy 15 and a girl 11. Just before the rape charges were made, Bill found that the daughter who made the false charges was sexually active. He also found that she was having sex with her 15 year old half-brother.  After Bill was arrested, his friend's wife found letters from the boy stating he had sex with his sister and needed help.  Instead of giving this information to Bill's lawyer, she gave it to the boy's mother. Bill did not tell this until almost the close of the trial, and then it looked like he was grasping at anything including using his son as a scapegoat to blame it on.

    There is no dna, no physical evidence, and I do not believe the prosecutor did any kind of investigation into comparing my son with the man in the pictures.

    I raised Bill, and he never once ever had any inkling of any sexual behavior with children.  He was a troubled young person, and rebelled against authority as many children do, but he had pulled himself up from all the mistakes he made as a teenager, gotten his education, and had a good job with high standards for raising his children.  All he wanted to do was give his children a better life than what they had with their mothers.

    I have no money left, no savings, nothing.  I want to help my son but I have found that you do not have justice in this country if you do not have money.  None of my granddaughters' past was allowed to be admitted in court to protect her. The cards are stacked in this country against the defendant. I no longer believe the right will win out. It is estimated that at least 25 per cent of all prison inmates are innocent. I know one more. No one in my family or any of Bill's wide group of friends believes in justice for the common person any more.  Murderers get less time than this.

    If you can help my son in any way, please contact me.  If you can give me any advice on where to start researching on his appeal, please contact me.

    Thank you for your time.

    Patsy Grimmett
    ohiochili@yahoo.com

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


    Delaware man gets 81 years on sex charges

    Saturday, March 14, 2009


    ANDREW TOBIAS
    Staff Writer

     
    A local man was sentenced in Delaware County Common Pleas Court to 81 years in jail for photographing himself sexually assaulting a juvenile female relative in his Delaware home.

    William Bleigh, 33, was convicted by a Delaware County jury in January on four counts of rape, three counts of gross sexual imposition, nine counts of pandering obscenity involving a minor and eight counts of illegal use of a minor in nudity-oriented material performance.

    Delaware County Prosecutor Dave Yost said in a written statement that Bleigh deserved “every day” of the sentence.

    “His victim will never regain her innocence, and will carry the scares of his assault into every future relationship,” Yost said.

    The victim, who was 11 and 12 when the crimes occurred, spoke at the sentencing hearing, saying that she still had nightmares and got headaches thinking about what happened.

    Assistant prosecutor Janice Hitzeman said Bleigh was unrepentant and therefore argued for Common Pleas Judge W. Duncan Whitney to impose a harsher sentence.

    “There is no rehabilitation without remorse, period,” Hitzeman said.

    Bleigh on Friday maintained his innocence and said on the witness stand in January that the victim was lying.

    Bleigh’s friends and supporters maintain a Web site where they post his diary entries written from the Delaware County Jail to a blog and solicit contributions for his legal expenses.

    “Charles Manson had supporters too. It doesn’t mean he was innocent,” said Common Pleas Judge W. Duncan Whitney, comparing Bleigh to the infamous cult leader.

    Whitney said the case was among the worst he had heard as a judge.

    “This court has heard in its course very few cases that ever come close to how you victimized this child,” Whitney said.

    Charges stem from incidents that took place in Bleigh’s Delaware residence, prosecutors said. Delaware City Police recovered several pieces of evidence from his home, including several deleted pictures of the victim from Bleigh’s digital camera, approximately 20 computers and pieces of lingerie seen on the victim in the recovered photographs.

    Authorities were first alerted when the victim reported the crimes to her school’s principal.

    Whitney also designated Bleigh as a tier III sex offender, which carries a requirement of lifetime registration if he is released.

    Robert F. Krapenac, Bleigh’s attorney, said his client would appeal the sentence
    ________________________________________________________

     


    This is Bills most recent post on his website


    Sunday, 3-15-09 (10:00 p.m.) Friday Sucked
    Well, I got 81 years. They used one post from here (and one sentence actually – as was pointed out by Sam) to help ramp up my sentence. Honestly, if they can only find one post, from a blog that I’ve been keeping for almost a year, to be offended by, then I’m doing okay. Of course, they chose my angry and bitter post, where I was pissed at the world, to bring into Court… they couldn’t have gone with the posts where I’ve stated that while I’d like to be made at her, I can’t… grrr.
    Thank you to all of my minions who wrote letters and came to speak on my behalf. (Note: the above reference to ‘minions’ is a joke. The only time I had minions was when I played Overlord.) I bet you didn’t expect to be equated with Mansonites, did ya? Yeah, surprised me too.
    I’m only asking for support from my friends and family until/unless/whatever my appeals either go through or are denied. Of course, I absolutely understand if you choose not to do so.
    Oh, I’m including the statement I was supposed to read at sentencing, but didn’t because I just couldn’t bring myself to care.
    My Statement for Sentencing:
    My attorney stood before this Court and insisted that the evidence and witnesses that I wished to present were either irrelevant or inadmissible. I’d like to go over what you should have seen at trial.
    First and foremost, there are the medical records and testimony from doctors at Children’s Hospital, our family doctor, and the Polaris Urgent Care stating that, a few months prior to my arrest, I had taken Chelsea in to be examined and interviewed for signs of sexual assault and to be treated for a urinary infection.
    I took her to Children’s Hospital and placed her in a room full of medical professionals, who have years of experience doing physical examinations and interviews with children who have been sexually molested, and at the end of that examination it was determined that nothing had been done to her sexually, that it was only a simple infection.
    I still haven’t received an adequate explanation as to why this evidence was not admitted.
    Secondly, the evidence and testimony from my then-girlfriend Sharon regarding the various articles of clothing found in my closet that directly contradicted Wendy’s testimony that I had purchased these articles of clothing for her. This evidence consisted of receipts and spreadsheets detailing not only when these items of clothing were purchased, but for whom they were purchased.
    You should have also heard testimony from women with whom I have been in sexual relationships and who could have easily identified my genitals. These are people who, regardless of any personal relationship with me, would not hesitate to condemn me if they identified me in those pictures.
    Not only that, but you should have heard testimony from a wide variety of witnesses detailing false accusations, from sexual abuse at church to physical abuse by her uncle. Testimony from people present at both lice incidents that can directly contradict Wendy’s testimony. Testimony from family friends who were afraid to be alone with Wendy for precisely these reasons.
    The lack of vasectomy scars in the photos, the fact that it was clearly not a 300-pound man in the photos… how is it that I am the only person to bring this up in Court? The fact that the second bag of lingerie was not only still in the package, but of an adult size and would have fit her like socks on a rooster? Or the absolutely insane idea that I would put anyone who was even suspected of having lice in my room, much less in my bed?
    I understand that the defense does not have to produce evidence, but I also understand that if you have evidence that clears your client, you should present that evidence to the Court.
    Your Honor, if I had anything to do with these charges I would have taken the first deal offered, or entered a plea of guilty when it was only seven counts on the indictment. Certainly, I would have jumped at the chance to avoid prosecution on the other 17 charges. The fact that I did not admit guilty for something I did not do purely to save myself a considerable amount of prison time should, at least, indicate my sincerity.
    Clearly, Your Honor, I have very little chance of convincing this Court that I am innocent of these charges, and almost no hope of leniency, but at the very least I wanted to point out that what was presented at trial was by no means the whole story, and that very serious mistakes were made in the handling of my defense.
    Sir, I am not a rapist or a pedophile, I am not a danger to the community, and I ask for a sentence that will allow me to prove that and a chance to rebuild my life.
    This entry was written by Krusty Ruffle, posted on March 29, 2009 at 6:46 pm , filed under Diary Entries and tagged joke, plea, prison time, prosecution, sentencing, support, trial. Bookmark the permalink. Follow any comments here with the RSS feed for this post. Post a comment or leave a trackback: Trackback URL.
    « Thursday, 2-26-09 (9:15 p.m.) Rectractions, Omission, and Errata


    Website with Bill's story

    http://castleofhopeforlostsouls.org/theinjusticesystem.org/innocent.html

     

     

     

    Posted by Patsy Grimmett on 05/31/2009 @ 02:12PM PT

  2. jayquan young

    Hi, my name is jay and i'm leaving a comment on this page in the hopes that sumbody can\will help me! Okay first of all i am a convicted sex offender. It hurts me even to this day to say this term "convicted sex offender" but according to the courts thats what i am. I was wrongly accused and charged with rape at the age of 18. i spent a year and a half in jail while going to court for these charges and during that time i was attacked 3 time because of the crime i was accused of. I was called things like a "tree jumper" and a "scrapist"! like i said earlier i was even attacked by other inmates. i never understood why they were so quick to condemn me and convict me for my alleged crimes, while subsequently fighting charges of their own. I was only 18 at the time and this was the scariest year and a half of my life. I wont bore you with the details of my case. Suffice it to say, The alleged victim was given a rape kit, which came back negative (she was fiound to still be a virgin,that is her hymen was still intact), and i also passed a polygraph test ( which doesnt matter because they aren't admissible in court). There were countless other discrepancies, but none of that mattered. It also didn't help that my family couldn't afford a lawyer and my court-appointed public defender could care less wether we won or loss the case, she would still be paid the same salary. I don't think she even remembered my name, let alone the details of my case. And i also heard a rumor that the public defenders office works closely with the D.A.'s office? i can believe it because even though i told my public defender that i was innocent her best advice was to plead guilty to some lesser charges and recieve time served.Now to understand why i listened to her, You have to understand where i was at that time in my life. I was young, dumb, and ready to go home. i had spent a year and a half in jail for a crime that i didn't commit. I had been attacked numerous times by other inmates. The correctional officers even treated me differently. And then "lo an behold" a way out was offered. All i had to do was plead guilty to a few lesser charges and i would recieve time-served, and i wouldn't even have to register with the megan's law people. "And besides", my public defender stated, "This wouldn't be a case of facts any way" . " the D.A. is gonna put this young woman on the stand and give her a script about how horrible it was for her, and how she still has nightmares stemming from ur alleged 'brutal' attack," " Then she's gonna cry and that just seals the deal!" " you will be found guilty and sentenced to anywhere between 7-25 years in prison!" Now after hearing all of that (and believing her), and after spending the time that i did in jail already, and having no faith what so ever in the judicial system to recognize truth and facts and exonerate me, I did what any other young, dumb, scared teenager in my shoes would have done. I took the deal. At first i didn't think it was all that bad. I was still able to get a job and pretty much life settled into a somewhat controlled state for me. "At least i'm out of jail", i always thought to myself. It wasn't until 4 years later when i was arrested for something entirely different that things began to go to hell in a handbasket! I forgot to mention earlier that I was sentenced to 5 years of probation, as part of my plea bargain in the rape case, and i violated the terms of my probation after serving 4 years of it. My judge revoked my probation and sentenced me to 1-2 years upstate! Now i was back in jail (although this time i was a little bit older and street tuff), and it was a shock! But i did the 2 years and maxed out. Now THIS is when the trouble began! Remember earlier when i said that i plead guilty to some lesser charges, and as part of my plea bargain, i wouldn't have to register with the sex offenders? Wrong! before i was released i had to submit a dna sample, and i was told that i HAD to register with the megan's law. I didn't fully understand why, But i complied. Now my life is a living hell! I can't get a job, My neighbors hate me before they even get to know me, and i can't even get custody of my daughter ( whose mother loves to keep her away from me because of OUR personal problems). I'm now dealing wit depression, and life just doesn't seem like it's worth living some times! I try so hard to make it work for me, but it seems like any bit of progress i make, my past shows up and negates it. My Question is this? Is there any thing i can do to help my situation? Is there anyone out there who i can turn to for help? Is there any way for me to still live a productive life? Please if anybody knows anything that they think might help me, or even if you just want to offer some words of encouragement, don't hesitate to drop me a line at: jaeyoung4eva@yahoo.com or jagreene@yahoo.com

     

                                         thank you and have a nice day!

    Posted by jayquan young on 09/01/2009 @ 08:33AM PT

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Matt Kelley

Matt has worked and volunteered in various capacities in criminal justice reform for several years. When he's not blogging, he works as the Online Communications Manager at the Innocence Project. Views expressed here are Matt's, and don't represent the positions of the Innocence Project.

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