Showing posts with label DNA testing. Show all posts
Showing posts with label DNA testing. Show all posts
Saturday, September 12, 2015
Grits for Breakfast: A reluctant scoop: Changing intepretations of DNA ...
Grits for Breakfast: A reluctant scoop: Changing intepretations of DNA ...: DNA has often been referred to as the gold standard of forensic evidence. And when comparing a single sample to a suspect, that's true. ...
Wednesday, December 7, 2011
Virginia Court of Appeal Exonerates Man Behind Bars for 4 Rapes he did Not Commit on DNA Evidence
Yesterday, a Virginia appeals court declared Thomas Haynesworth an innocent man Tuesday, clearing his name and acknowledging that he spent 27 years behind bars for rapes he did not commit.
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The case shows how far Virginia has come in allowing convicts to argue their innocence. Historically, prisoners were barred from introducing new evidence more than three weeks after sentencing, and in the 1990s, then-Attorney General Mary Sue Terry (D) famously said, “Evidence of innocence is irrelevant.”
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When DNA testing resulted in hundreds of exonerations nationwide, it prompted Virginia lawmakers to open the door for courts to reconsider guilt based first on genetic evidence and later on other evidence, such as recanted testimony, fingerprints or ballistics. Remarkably, after the DNA evidence was presented, Haynesworth's lawyers had to fight off nine months of pleadings from the prosecutors. Nine extra months in prison. That’s Virginia justice?
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See: http://www.washingtonpost.com/local/thomas-haynesworth-exonerated-in-rape-case-after-27-years-in-prison/2011/12/06/gIQAua5yaO_story.html?tid=pm_pop
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The case shows how far Virginia has come in allowing convicts to argue their innocence. Historically, prisoners were barred from introducing new evidence more than three weeks after sentencing, and in the 1990s, then-Attorney General Mary Sue Terry (D) famously said, “Evidence of innocence is irrelevant.”
.
When DNA testing resulted in hundreds of exonerations nationwide, it prompted Virginia lawmakers to open the door for courts to reconsider guilt based first on genetic evidence and later on other evidence, such as recanted testimony, fingerprints or ballistics. Remarkably, after the DNA evidence was presented, Haynesworth's lawyers had to fight off nine months of pleadings from the prosecutors. Nine extra months in prison. That’s Virginia justice?
.
See: http://www.washingtonpost.com/local/thomas-haynesworth-exonerated-in-rape-case-after-27-years-in-prison/2011/12/06/gIQAua5yaO_story.html?tid=pm_pop
Tuesday, August 9, 2011
Recent DNA Testing Proves 10 Teens Tried & Incarcerated as Adults were Innocent!! You Can Help Work for their Release!!!
Recent DNA testing has proven the innocence of 10 Black men who were were only children when they were forced by Illinois police to confess to murders they didn't commit. One wonders how many in State Prison today would be proven innocent with current DNA testing done in their cases?
Some were imprisoned for nearly 20 years, but despite the overwhelming evidence, which has even linked the crimes to the real killers, Illinois refuses to recognize their innocence.
If enough of us speak out, we can expose these injustices and force the state of Illinois to do right by these men. Please join us in demanding that State Attorney Anita Alvarez immediately agree to overturn their convictions. It takes just a moment:
http://act.colorofchange.org/sign/Cook_County/
The Dixmoor Five
In the first case, which occurred in October 1992, five Black teenagers, later called the Dixmoor Five, were arrested in Cook County, IL for the sexual assault and murder of 14-year-old Cateresa Matthews. Three of the five boys confessed to the crime in exchange for lighter sentences and testified against the others. They've since recanted their testimony, with one man claiming that he was tricked into signing a confession by local police. [“DNA evidence links man to 1991 murder, may clear 5 convicted in case,” Chicago Tribune,04-15-11,http://act.colorofchange.org/go/929?akid=2099.107577.QHCRHr&t=7]
A few months ago, DNA samples taken from the victim were tested using modern techniques. The DNA didn't belong to any of the men accused of her rape and murder — instead it was linked to a convicted rapist and armed robber who was 32 years old at the time. ["State's response to petition for relief from judgement,"Circuit Ct. Cook County,04-29-11 http://act.colorofchange.org/go/931?akid=2099.107577.QHCRHr&t=9]
In the face of this overwhelming evidence, the State's Attorney's office stubbornly downplayed the significance of the DNA evidence and opposed the release of the men which makes you wonder about what some prosecutors are made of. Isn't Cook County the Prez's home county? Maybe a pardon should be given?
The Englewood Five
Two-and-a-half years later, five more Black Cook County teenagers, known as the Englewood Five, were taken into custody for the sexual assault and murder of a 30-year-old woman named Nina Glover. In this case, five juvenile confessions resulted in the convictions of four teenagers (aged 14-18 at the time). While one teenager wasn't convicted, the other four received lengthy prison sentences. Recently, DNA extracted from the victim was matched to a now deceased serial rapist and murderer — a man who has a history of preying on women and strangling them.
[“Man convicted in 1994 rape, murder pins hopes on advanced DNA test,” Chicago Tribune,03-25-11,http://act.colorofchange.org/go/930?akid=2099.107577.QHCRHr&t=11]
The State has argued that any DNA match in this case would be inconclusive due to the lifestyle of the victim, who was known to engage in prostitution. However, the semen found in the strangled body of Ms. Glover is from a man that the Cook County State's Attorney's office has long believed was responsible for two strangulation-murders of prostitutes and violent assaults of at least five others.["State's motion to dismiss request for post-conviction DNA testing," Circuit Court of Cook County, 01-19-2011,http://act.colorofchange.org/go/932?akid=2099.107577.QHCRHr&t=134]. Isn't Cook County the Prez's home county? Maybe a pardon should be given?
The Common Thread
The thread that connects both these cases? The teenagers were incarcerated as a result of confessions we now know were forced by police. Eight of the 10 teenagers confessed to police during intense and coercive interrogations, and six of the now grown men are still in custody.
Coerced confessions play a part in almost a quarter of all wrongful convictions nationwide. ["Understand the Causes," Innocence Projecthttp://act.colorofchange.org/go/934?akid=2099.107577.QHCRHr&t=15]. Even the U.S. Supreme Court has recognized that teenagers are particularly susceptible to falsely incriminating themselves during questioning from police and should not be subjected to harsh interrogation tactics. [“Supreme Court case J.D.B. v. North Carolina,” Supreme Court opinion, October, 2010, “http://act.colorofchange.org/go/928?akid=2099.107577.QHCRHr&t=171]
Coercive interrogation practices must come to an end. Ensuring the release of these men wouldn't just help correct a gross injustice — it would send a message to law enforcement that they can't get away with forcing teenagers to confess to crimes they didn't commit, and that this practice compromises the entire public's safety.
Please join us in demanding that Cook County State's Attorney Anita Alvarez agree to vacate the convictions of these young Black men, and when you do, ask your friends and family to do the same:
http://act.colorofchange.org/sign/Cook_County/ [or call President Obama and urge him to pardon these young men while they have a life to live)
Some were imprisoned for nearly 20 years, but despite the overwhelming evidence, which has even linked the crimes to the real killers, Illinois refuses to recognize their innocence.
If enough of us speak out, we can expose these injustices and force the state of Illinois to do right by these men. Please join us in demanding that State Attorney Anita Alvarez immediately agree to overturn their convictions. It takes just a moment:
http://act.colorofchange.org/sign/Cook_County/
The Dixmoor Five
In the first case, which occurred in October 1992, five Black teenagers, later called the Dixmoor Five, were arrested in Cook County, IL for the sexual assault and murder of 14-year-old Cateresa Matthews. Three of the five boys confessed to the crime in exchange for lighter sentences and testified against the others. They've since recanted their testimony, with one man claiming that he was tricked into signing a confession by local police. [“DNA evidence links man to 1991 murder, may clear 5 convicted in case,” Chicago Tribune,04-15-11,http://act.colorofchange.org/go/929?akid=2099.107577.QHCRHr&t=7]
A few months ago, DNA samples taken from the victim were tested using modern techniques. The DNA didn't belong to any of the men accused of her rape and murder — instead it was linked to a convicted rapist and armed robber who was 32 years old at the time. ["State's response to petition for relief from judgement,"Circuit Ct. Cook County,04-29-11 http://act.colorofchange.org/go/931?akid=2099.107577.QHCRHr&t=9]
In the face of this overwhelming evidence, the State's Attorney's office stubbornly downplayed the significance of the DNA evidence and opposed the release of the men which makes you wonder about what some prosecutors are made of. Isn't Cook County the Prez's home county? Maybe a pardon should be given?
The Englewood Five
Two-and-a-half years later, five more Black Cook County teenagers, known as the Englewood Five, were taken into custody for the sexual assault and murder of a 30-year-old woman named Nina Glover. In this case, five juvenile confessions resulted in the convictions of four teenagers (aged 14-18 at the time). While one teenager wasn't convicted, the other four received lengthy prison sentences. Recently, DNA extracted from the victim was matched to a now deceased serial rapist and murderer — a man who has a history of preying on women and strangling them.
[“Man convicted in 1994 rape, murder pins hopes on advanced DNA test,” Chicago Tribune,03-25-11,http://act.colorofchange.org/go/930?akid=2099.107577.QHCRHr&t=11]
The State has argued that any DNA match in this case would be inconclusive due to the lifestyle of the victim, who was known to engage in prostitution. However, the semen found in the strangled body of Ms. Glover is from a man that the Cook County State's Attorney's office has long believed was responsible for two strangulation-murders of prostitutes and violent assaults of at least five others.["State's motion to dismiss request for post-conviction DNA testing," Circuit Court of Cook County, 01-19-2011,http://act.colorofchange.org/go/932?akid=2099.107577.QHCRHr&t=134]. Isn't Cook County the Prez's home county? Maybe a pardon should be given?
The Common Thread
The thread that connects both these cases? The teenagers were incarcerated as a result of confessions we now know were forced by police. Eight of the 10 teenagers confessed to police during intense and coercive interrogations, and six of the now grown men are still in custody.
Coerced confessions play a part in almost a quarter of all wrongful convictions nationwide. ["Understand the Causes," Innocence Projecthttp://act.colorofchange.org/go/934?akid=2099.107577.QHCRHr&t=15]. Even the U.S. Supreme Court has recognized that teenagers are particularly susceptible to falsely incriminating themselves during questioning from police and should not be subjected to harsh interrogation tactics. [“Supreme Court case J.D.B. v. North Carolina,” Supreme Court opinion, October, 2010, “http://act.colorofchange.org/go/928?akid=2099.107577.QHCRHr&t=171]
Coercive interrogation practices must come to an end. Ensuring the release of these men wouldn't just help correct a gross injustice — it would send a message to law enforcement that they can't get away with forcing teenagers to confess to crimes they didn't commit, and that this practice compromises the entire public's safety.
Please join us in demanding that Cook County State's Attorney Anita Alvarez agree to vacate the convictions of these young Black men, and when you do, ask your friends and family to do the same:
http://act.colorofchange.org/sign/Cook_County/ [or call President Obama and urge him to pardon these young men while they have a life to live)
Friday, March 11, 2011
Supreme Court Allows State Prisoners to Seek DNA Evidence Through US Civil Rights Law - News - ABA Journal
Supreme Court Allows State Prisoners to Seek DNA Evidence Through US Civil Rights Law - News - ABA Journal
Blogger Bob's comments: Good article on another way to get justice through DNA evidence. Some of the questions, apart from who picks up the costs and can give the time for such actions (assuming jailhouse lawyering is not an alternative) and whether the District Attorneys' offices across the state may have any new duties/ responsibilities under this case, (1) does defense counsel have a duty to bring the action where DNA tested was requested by the defense lawyer, but denied [and now there is an appropriate remedy], (2) does prior defense counsel, in cases when DNA testing was demanded but denied, have a fiduciary duty to notify all their clients (not unlike a probate or trust lawyer having a duty to advise clients of significant changes in the law) and (3) is the US District court system which requires electronic filing, an undue burden on the prison population that may elect to force DNA testing via the 42 USC § 1983 tool (or is that not a problem as the relief only gives State Prisoners the right to bring the action in State court?). A practical problem is whether the 42 USC § 1983 can be used to force other people's DNA testing where a close relative might be, in the "plaintiff's" view a possible perp?
Blogger Bob's comments: Good article on another way to get justice through DNA evidence. Some of the questions, apart from who picks up the costs and can give the time for such actions (assuming jailhouse lawyering is not an alternative) and whether the District Attorneys' offices across the state may have any new duties/ responsibilities under this case, (1) does defense counsel have a duty to bring the action where DNA tested was requested by the defense lawyer, but denied [and now there is an appropriate remedy], (2) does prior defense counsel, in cases when DNA testing was demanded but denied, have a fiduciary duty to notify all their clients (not unlike a probate or trust lawyer having a duty to advise clients of significant changes in the law) and (3) is the US District court system which requires electronic filing, an undue burden on the prison population that may elect to force DNA testing via the 42 USC § 1983 tool (or is that not a problem as the relief only gives State Prisoners the right to bring the action in State court?). A practical problem is whether the 42 USC § 1983 can be used to force other people's DNA testing where a close relative might be, in the "plaintiff's" view a possible perp?
Tuesday, January 4, 2011
DNA Test Shows Wrong Guy Convicted Spends 30 yrs Behind Bars - Why We Need Mandatory DNA Testing for State Prison Population!
Remarkable article:
http://news.yahoo.com/s/ap/20110104/ap_on_re_us/us_dna_exoneration_texas
The article shows why we need to get past the prosecutorial testostrone, do DNA testing on those insisting they did not commit a crime for which they were convicted where there is DNA evidence. The fair and impartial administration of justice requires it! The prosecutors should not stand behind the convenient excuse of a defense lawyer not requesting/failing to request a DNA test.
http://news.yahoo.com/s/ap/20110104/ap_on_re_us/us_dna_exoneration_texas
The article shows why we need to get past the prosecutorial testostrone, do DNA testing on those insisting they did not commit a crime for which they were convicted where there is DNA evidence. The fair and impartial administration of justice requires it! The prosecutors should not stand behind the convenient excuse of a defense lawyer not requesting/failing to request a DNA test.
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