Innocence - Part 2

A quick update about this newsletter: As you know, I've been sending out these weekend specials every Sunday. While I've loved putting these together for you, I've found that it's been taking up a lot of my time and energy lately, and I've been struggling to get them ready on time. To be honest, this started taking the joy out of it. In the future, we will still have specials from time to time, but they will not follow a regular schedule. This way, I can ensure that when I send out one of these, it's because I have a list that excites me enough to share and not just because it's that time of the week. The daily newsletters during the week will continue as usual.

With that, we continue where we left off last week.

The Murders at the Lake

Texas Monthly • 1 Apr 2014 • ~24950 words • Archive Link

This article from Texas Monthly examines the controversial Lake Waco murders of 1982, in which three teenagers were found stabbed to death, and the subsequent investigation and trials that resulted in the convictions and executions of four men. It explores the complexities of the case and questions whether justice was truly served, raising concerns about police misconduct, unreliable evidence, and the fallibility of the criminal justice system.

Justice was eventually served when four men were found guilty of the crime, and two were sent to death row. In 1991, though, when one of the convicts got a new trial and was then found not guilty, some people wondered, Were these four actually the killers? Several years after that, one of the men was put to death, and the stakes were raised: Had Texas executed an innocent man?

Reasonable doubt

Chicago Reader • 4 Aug 2021 • ~24550 words • Archive Link

The narrative centers on James Allen, a man imprisoned for multiple murders, including the 1984 killing of a police officer and alleged involvement in two murder-for-hire schemes. The story explores the complexities of Allen's life, detailing his criminal background, prison experiences, and the legal battles he faces. It critiques the reliability of witness testimonies, particularly from informants with questionable motives, and the prosecutorial practices that often prioritize convictions over justice.

“This guy, I know him, and he’s been locked up since 1984 for a murder that he didn’t commit,” Debbie Wilson told me in our first phone conversation. She said that after the first conviction someone had come to see Allen in prison, when he didn’t have a lawyer, and “put another murder on him that he didn’t do.” Her voice was plaintive but calm. She spoke concisely and with clear affection for the man. She told me Allen had evidence of his innocence and, after his convictions were “thrown out,” he’d done three extra years in prison because his “documents” couldn’t be found.

Broken on the Wheel

The Marshall Project • 12 Mar 2015 • ~3350 words

In the 18th century, the case of Jean Calas sparked a fierce battle for justice driven by none other than Voltaire. This article delves into the flawed judicial process that led to Calas' torture and execution, as well as the subsequent campaign led by Voltaire to overturn the conviction and expose the injustice. The article also examines how this case became a pivotal moment in the movement against the death penalty and the use of torture.

For Voltaire, the Calas case was but the beginning of his life’s last chapter. In his twilight years he became an 18th Century version of the Innocence Project, taking on, and prevailing in, one case after another. For so long a darling of high society, he became a champion of the people. In time, his influence extended beyond Europe to America, where he was read and revered by Benjamin Franklin and Thomas Jefferson, who shared Voltaire’s zeal for separating church and state.

Innocent People Don’t Run

Løpe Magazine • 20 Feb 2019 • ~7500 words

This piece tells the story of Huwe Burton, a man who was wrongfully convicted of murdering his mother in 1989 at the age of 16. It explores the flaws in the investigation and trial that led to his conviction, as well as his decades-long fight to prove his innocence with the help of the Innocence Project. The article also discusses Huwe's passion for running the New York City Marathon as a way to reclaim his life and inspire others.

Since 1991, scientific and scholarly research has confirmed that psychologically coercive techniques used by detectives can and do produce false confessions. On the day of his confession, Huwe was 16. He was isolated from his father and his guardian, he was threatened with additional criminal charges, and he was offered leniency if he confessed to the crime. At the time, these tactics were common practice for detectives seeking a certain type of answer, especially when questioning juveniles.

Texas v Larry Swearingen

The Dublin Review • 1 Jun 2013 • ~8850 words

This piece explores the case of Larry Swearingen, a man convicted of murdering a college student in Texas despite significant doubts about the forensic evidence used to convict him. It discusses the legal battles and appeals process that Swearingen has faced, as well as the potential new evidence that could exonerate him if allowed to be tested.

Across the United States, the number of death sentences and executions is in decline. The steady stream of DNA exonerations, almost fifty in Texas alone, has created doubt in the minds of jurors, and the introduction of a ‘life without the possibility of parole’ sentence has provided an alternative. But there is still a huge backlog to clear, of men sentenced in the nineties and the aughts who have run out of appeals. Six prisoners were booked in to the Huntsville chamber in April and another three in early May. ‘I’ve never known so many,’ a guard told me as we passed through security at death row, when I last visited Swearingen in February.

I Write About the Law. But Could I Really Help Free a Prisoner?

New York Times • 30 Jun 2021 • ~9150 words • Archive Link

The article explores the story of Yutico Briley, a young man sentenced to 60 years in prison without parole at the age of 19. It delves into the author's personal journey as a journalist covering attempts to exonerate incarcerated individuals and the ethical dilemmas she faces in potentially helping to free a prisoner.

Undoing a conviction is often far harder than preventing it. To win at a trial, the state has the high burden of proving guilt beyond a reasonable doubt. On appeal, the burden shifts to the defendant, who has to show that something in the process went wrong — very wrong — to justify the trouble and expense of starting all over again.

Who Owns Amanda Knox?

The Atlantic • 31 Jul 2021 • ~3000 words • Archive Link

Amanda Knox reflects on her tumultuous journey from wrongful conviction to public scrutiny in this piece. As a new film draws inspiration from her story, Knox grapples with the consequences of being a symbol in a narrative she never chose. Her exploration of identity, media portrayal, and the impact on her life offers a unique perspective that challenges how we engage with stories of crime and justice.

What does “the Amanda Knox saga” refer to? Does it refer to anything I did? No. It refers to the events that resulted from the murder of Meredith Kercher by Rudy Guede. It refers to the shoddy police work, the flawed forensics, and the confirmation bias and tunnel vision of the Italian authorities whose refusal to admit their mistakes led them to wrongfully convict me, twice. In those four years of wrongful imprisonment and eight years of trial, I had near-zero agency.

Can Prosecutors Put the Same Gun in the Hands of More Than One Shooter?

The Marshall Project • 6 Nov 2017 • ~6000 words

This article examines the practice of prosecutors presenting contradictory theories, such as putting the same gun in the hands of multiple defendants. It explores the legal and ethical implications of this tactic, which has been used in dozens of cases across the United States, and questions whether it undermines the integrity of the criminal justice system. The article also provides several examples of such cases and the varying responses from judges and the courts.

A county prosecutor, argued that Stumpf had shot Mary Jane Stumpf was convicted and sentenced to death. Seven months later, the prosecutor argued this time that Wesley had fired the fatal shots Wesley was convicted and sentenced to life. Several years ago, a lawyer contacted me about a case in which he said prosecutors had argued contradictory theories of a crime. Looking into the subject, I didn’t find much—a few law-review articles and the occasional news story. The author of an article from 2001, a professor emeritus at Villanova University’s law school named Anne Bowen Poulin, told me that when she began her research a colleague said to her, “This is stupid. It never happens.” The next day, Poulin got a call from a former student, now a defense attorney, who had just such a case, in Philadelphia. “It does happen,” Poulin said. “And probably more often than we’d like to think.”

Framed for Murder By His Own DNA

The Marshall Project • 19 Apr 2018 • ~5850 words

The issue of DNA evidence is discussed in this article and how it can be inadvertently transferred, leading to the wrongful accusation of a suspect. It delves into the case of Lukis Anderson, a homeless man who was charged with murder based on DNA evidence despite having a solid alibi. The article raises important questions about the reliability of DNA evidence and the potential for contamination, highlighting the need for a more nuanced understanding of forensic science in the criminal justice system.

What happened, although months would pass before anyone figured it out, was that Lukis Anderson's DNA had found its way onto the fingernails of a dead man he had never even met.

How the Unchecked Power of Judges Is Hurting Poor Texans

Texas Monthly • 19 Aug 2019 • ~11200 words • Archive Link

This article examines the challenges faced by poor defendants in the Texas criminal justice system, particularly the unchecked power of judges in appointing and overseeing court-appointed attorneys. It highlights issues such as chronic underfunding of public defense, overburdened court-appointed lawyers, and the difficulty in holding judges accountable for their actions, which ultimately deprive many poor Texans of their right to effective legal representation.

Willey was stunned. He was caught in a system, he realized, that didn’t allow him to really represent his clients. The judge, forced to apportion scant resources, was caught too. “How could things have grown this bad?” Willey wondered as he left the judge’s chambers. “How could nobody stand up?”

The Interview

The New Yorker • 9 Dec 2013 • ~5900 words • Archive Link

The Reid Technique has shaped police interrogations for decades, but its effectiveness in producing reliable confessions is increasingly questioned. This piece from delves into the method’s psychological underpinnings and its potential to elicit false confessions, featuring insights from experts who have studied its impact on justice.

A growing number of scientists and legal scholars, though, have raised concerns about Reid-style interrogation. Of the three hundred and eleven people exonerated through post-conviction DNA testing, more than a quarter had given false confessions—including those convicted in such notorious cases as the Central Park Five. The extent of the problem is unknowable, because there’s no national database on wrongful convictions. But false confessions, which often lead to these convictions, are not rare, and experts say that Reid-style interrogations can produce them.

How Junk Science Sent Claude Garrett to Prison For Life

The Intercept • 24 Feb 2015 • ~11800 words

The Intercept delves into the case of Claude Garrett, who was sentenced to life in prison for a fire that killed his sister, Lorie. As advances in fire science reveal flaws in the evidence used against him, the article uncovers the profound impact of "junk science" on the justice system. Through Claude's story, it raises critical questions about the reliability of forensic methods and the potential for devastating miscarriages of justice.

Zimmermann cast Claude Garrett as a violent drunk who had forced Lorie into the utility room and then poured kerosene everywhere to burn down the house. The case had gaps: no clear motive or consensus on Claude as physically abusive, no evidence of a struggle. The door lock, despite being key to the state’s case, was not introduced as evidence — only photographs were presented. And only one witness, Fire Captain Otis Jenkins, insisted the utility room door had been locked at all.

Forensic Science Put Jimmy Genrich in Prison for 24 Years. What if It Wasn’t Science?

The Nation • 1 Feb 2018 • ~11550 words

The case of Jimmy Genrich, who spent 24 years in prison based on questionable forensic science, raises questions about the reliability of some techniques used in courtrooms. It delves into the history of forensics, the legal system's failure to properly evaluate forensic evidence, and the challenges in reforming the field, including the lack of research infrastructure and the cozy relationship between prosecutors and forensic practitioners.

Shockingly, the Supreme Court didn’t weigh in on the admissibility of forensic evidence until 70 years after Frye, in 1993—about two months after Genrich was found guilty. The high court’s ruling mandated that judges allow only scientific evidence supported by testable claims, and that proponents of the evidence must be able to provide measures of how often examiners make mistakes. What’s now known as the Daubert standard is federal law and has been adopted by most states, but it has had little effect in criminal law because most judges still rely on precedent, assuming evidence was vetted in past cases. “Judges,” said Harry T. Edwards, chief judge for the DC Circuit Court of Appeals, at a Harvard event last October, “believe that because we said it before, it must be right, and because these practitioners have been around for a long time, it must be right. In other words, history is the proof.” When it comes to booting flawed science out of criminal courts, “Daubert,” said Judge Edwards, “has largely been a failure.”

Blood Will Tell, Part 1: Who Killed Mickey Bryan?

New York Times • 21 May 2018 • ~22750 words • Archive Link

In this gripping exploration of a complex murder case, this piece explores the case of Joe Bryan, a high school principal convicted of murdering his wife, Mickey, in 1985 based on questionable forensic evidence. It delves into the role of blood spatter analysis in the investigation and trial, as well as the broader implications of relying on emerging forensic techniques to determine guilt or innocence. The article raises questions about the reliability of such evidence and the potential for miscarriages of justice when scientific expertise is misapplied or overstated.

Part 2: Blood Will Tell, Part 2: Did Faulty Evidence Doom Joe Bryan? (Archive Link)

This is true not only for MacDonell but also for many bloodstain-pattern analysts. Despite the claims that some make on the stand, bloodstains can reveal only so much. Their shape, dimension, location and distribution may offer basic clues about what occurred — a trail of blood leading away from a victim, for example, might indicate that the perpetrator was injured when he fled — and may sometimes allow analysts to calculate where the bloodletting originated. But bloodstains are just one discrete part of the evidence left behind at a crime scene. Practitioners who rely only on such fragmentary pieces of information to reconstruct crimes are often engaging in nothing more than guesswork. Ultimately they can offer a theory, as MacDonell did in the Simpson trial. It is not unusual, in fact, for bloodstain-pattern analysts to face off in court, having drawn diametrically opposite conclusions. In one trial I attended, the prosecution’s expert saw proof of murder, and the defense’s expert saw suicide. Each pointed to the very same bloodstains as evidence.

The Tragedy of Louis Scarcella - The Village Voice

The Village Voice • 5 Aug 2014 • ~6550 words

Detective Louis Scarcella once embodied the ideal of a successful NYPD investigator, known for his charm and ability to extract confessions. This piece explores how that changed, with the allegations of misconduct and wrongful convictions associated with Scarcella's investigative tactics, and how his cases have come under intense scrutiny, leading to a review of his entire body of work. The article also explores the broader implications of Scarcella's case on the criminal justice system and the issue of wrongful convictions.

The Conviction Integrity Unit’s review found that Ranta’s arrest was based on lies. One eyewitness told investigators that he picked Ranta out of the police lineup because a detective had told him to pick “the guy with the big nose.” Two more witnesses told investigators that they had falsely implicated Ranta in exchange for leniency in their own unrelated criminal cases. They also said that Scarcella had allowed them out of jail to smoke crack and have sex with prostitutes.

The Innocent Man, Part One

Texas Monthly • 1 Nov 2012 • ~28550 words • Archive Link

In this gripping two-part piece from Texas Monthly, we learn about the case of Michael Morton, who was wrongfully convicted of murdering his wife, Christine, in 1986. It delves into the flawed investigation and prosecution that led to Morton's conviction, as well as the troubling actions of the district attorney and medical examiner involved in the case.

Part 2: The Innocent Man, Part Two (Archive Link)

When the DA’s office received notice that Michael had been denied parole, someone—it’s unclear who—scrawled a note on the letter from the Texas Department of Criminal Justice. In small, blocky letters, it read, “Victory.”

Bloodstain Analysis Convinced a Jury She Stabbed Her 10-Year-Old Son. Now, Even Freedom Can’t Give Her Back Her Life.

ProPublica • 20 Dec 2018 • ~4200 words

In a haunting exploration, this piece recounts the tragic story of Rea, a mother wrongfully convicted of murdering her son based on flawed bloodstain-pattern analysis. After spending years battling a conviction rooted in dubious forensic evidence, she was finally exonerated, but the scars of her experience linger.

Today, she belongs to a growing community of victims: Americans who were wrongly convicted with the help of forensic disciplines allowed into courtrooms despite little to no proof of their reliability. Of the 362 people who have been exonerated based on DNA tests in the United States, faulty forensics contributed to almost half of the underlying convictions.