Marissa Boyers Bluestine, Legal Director. A Day in the Life of a PD Lightstream Communications CLE

Similar documents
Eyewitness identification is evidence received from a witness who has actually seen an event and can so testify in court.

GUIDELINES FOR COMPLETING QUESTIONNAIRE

INNOCENCE PROJECT SCREENING QUESTIONNAIRE

White Paper on Conviction Integrity Proposals in Pennsylvania

Postconviction DNA Testing: Recommendations to the Judiciary from the National Commission on the Future of DNA Evidence

Information About Your Case and the Crime

Jan Hoth, for appellant. Meredith Boylan, for respondent. Innocence Project, Inc.; Legal Aid Society et al., amici curiae.

REPORT OF THE CHIEF LEGISLATIVE ANALYST

NORTHERN CALIFORNIA INNOCENCE PROJECT SCREENING QUESTIONNAIRE Revised 5/03 Please return to: NCIP, 500 El Camino Real, Santa Clara, CA

Innocence Protections Proposal

A NEW STRATEGY FOR PREVENTING WRONGFUL CONVICTIONS

Exoneration Project Intake Application

YES, I DO WANT THE WISCONSIN INNOCENCE PROJECT TO CONSIDER MY APPLICATION.

UNIVERSITY OF HOUSTON: TEXAS INNOCENCE NETWORK QUESTIONNAIRE

EXECUTIVE SUMMARY. Pages 1-7 of The Report of the Advisory Committee on Wrongful Convictions

R.C Page 1. (1) Administrator means the person conducting a photo lineup or live lineup.


LAW ENFORCEMENT AND EYEWITNESS IDENTIFICATIONS:

OFFICE OF THE DISTRICT ATTORNEY

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY FERLO, STOUT, GREENLEAF, COSTA, KITCHEN, STACK AND FONTANA, APRIL 9, 2007 AN ACT

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs September 15, 2015 at Knoxville

Chapter Two: Law Enforcement Identification and Interrogation Procedures

The first of these contains the FAQs concerning the main document.

Sean D. O Brien Associate Professor, UMKC Law School

NORTH CAROLINA SUPERIOR COURT JUDGES BENCHBOOK VOIR DIRE ON PRETRIAL AND IN-COURT IDENTIFICATION

Request for Posthumous Pardon Investigation of Cameron Todd Willingham

[J ] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

Presented by: Gary A. Udashen Udashen Anton 2311 Cedar Springs Rd., Suite 250 Dallas, Texas fax

The People of the State of New York. against. Ismael Nazario, Defendant.

JAN shown that eyewitness identification procedures currently used. by law enforcement officials may lead to faulty eyewitness

SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CRIMINAL DIVISION CERTIFICATE OF ACTUAL INNOCENCE

Jeffrey I. Dellheim, for appellant. Patrick J. Hynes, for respondent. In this case, turning on the accuracy of eyewitnesses'

The non-scientific DNA talk: Today s topics

IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA : : VS. : NO. : :

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : GEORGE VINCENT KUBIS, : : Appellant : No.

No IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

EYEWITNESS IDENTIFICATION

District Attorney's Office v. Osborne, 129 S.Ct (2009). Dorothea Thompson' I. Summary

Applications for Post Conviction Testing

LAST UPDATE: POLICY SOURCE: Chief of Police TOTAL PAGES: 7

COURT OF COMMON PLEAS OF LEHIGH COUNTY CRIMINAL DIVISION. COMMONWEALTH OF PENNSYLVANIA ) ) V. ) Case No. ) ) GUILTY PLEA COLLOQUY

Supreme Court significantly revised the framework for determining the. 221, 590 P2d 1198 (1979), in light of current scientific research and adopt[ed]

Virginia Beach Police Department General Order Chapter 8 - Criminal Investigations

Constitution; Article I, Sections 19, 21, 23, 27, and 36, and Article XI, Section 2 of the. of and. A Rule 24 hearing was held on December 8,

STATE OF MICHIGAN COURT OF APPEALS

Introduction. Prosecutors and Wrongful Convictions

DELMAR POLICE DEPARTMENT

DEKALB COUNTY, ILLINOIS ) ) ) ) ) ) ) ) ) ) HONORABLE WILLIAM BRADY, on the 12th of April, MS. AISHA DAVIS, for the defendant.

COMMONWEALTH OF PENNSYLVANIA : No. CR : v. : : CRIMINAL DIVISION ROGER MITCHELL RIERA, : Petitioner : OPINION AND ORDER

States revisit the death penalty

THURMONT POLICE DEPARTMENT

STATE OF MICHIGAN COURT OF APPEALS

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS O P I N I O N. In accordance with the parties plea-bargain agreement, the trial court

CHEAT SHEET AUTHORITIES ON BRADY & STATE HABEAS PRACTICE

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE APRIL SESSION, October 23, 1995 STATE OF TENNESSEE ) )

STATE OF MICHIGAN COURT OF APPEALS

Miguel Gonzalez v. Superintendent Graterford SCI

MICHAEL WAYNE HASH OPINION BY v. Record No JUSTICE LEROY F. MILLETTE, JR. November 5, 2009 DIRECTOR OF THE DEPARTMENT OF CORRECTIONS

Fall, Criminal Litigation 9/4/17. Criminal Litigation: Arraignment to Appeal. How Do We Get A Case?

Contemporary Issues in Criminal Investigation and Prosecution Working Group EYEWITNESS IDENTIFICATION Model Policy February 2016

The following provides a brief summary of the salient provisions relating to forensic DNA:

AN INMATES GUIDE TO. Habeas Corpus. Includes the 11 things you must know about the habeas system

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC04-21 LOWER CASE NO.: 2D REPLY BRIEF OF PETITIONER S BRIEF ON THE MERITS

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC ON DISCRETIONARY REVIEW FROM THE FIFTH DISTRICT COURT OF APPEAL

STATE OF MICHIGAN COURT OF APPEALS

Case 5:10-cv DMG-JCG Document 28 Filed 08/15/14 Page 1 of 8 Page ID #:118 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA. COMMONWEALTH OF : NO ,880 PENNSYLVANIA : : CRIMINAL vs. : : : Relief Act Petition

Psychology and Law. I. How are jurors influenced by witnesses, the defendant, and the judge? A. How are jurors influenced by eyewitness testimony?

Appeal from the PCRA Order June 20, 2001 In the Court of Common Pleas of York County Criminal, No. 977 CA 1985

The Reformer Fall 2014

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON AUGUST 2000 Session

ATTORNEY GENERAL DEPARTMENT OF JUSTICE

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 21, 2010

As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following

Rhode Island Police Chiefs Association LINE-UP AND SHOW-UP PROCEDURES (Eyewitness Identification) MODEL POLICY GENERAL ORDER

EYEWITNESS IDENTIFICATION PROCEDURES

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) Appeal from the Superior Court in Maricopa County

COUNSEL JUDGES. STOWERS, J. wrote the opinion. WE CONCUR: DAN SOSA, JR., Senior Justice, WILLIAM RIORDAN, Justice AUTHOR: STOWERS OPINION

This article may be cited as the Access to Justice Post-Conviction DNA Testing Act.

SECTION: OPERATIONS OPR-229A EYEWITNESS IDENTIFICATIONS

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No. 26 MDA 2013

SUPREME COURT OF ARKANSAS No. CR-80-40

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs April 19, 2005

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CRIMINAL

ROY L. REARDON AND MARY ELIZABETH MCGARRY * SIMPSON THACHER & BARTLETT LLP

Steps in the Process

In the Supreme Court of the United States

Models of Justice to Protect Innocent Persons

Evidence for Delaware Criminal Defense

1. The location or site where a criminal offence has taken place is called a(n)?

Marcus DeShields v. Atty Gen PA

STATE OF MICHIGAN COURT OF APPEALS

IN THE COURT OF APPEALS FOR CLARK COUNTY, OHIO. Plaintiff-Appellee : C.A. Case Nos CA-101 And 2002-CA-102

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON January 9, 2007 Session

NOT DESIGNATED FOR PUBLICATION. No. 118,027 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, LYLE C. SANDERS, Appellant.

STATE OF MICHIGAN COURT OF APPEALS

Supreme Court of Florida

Identification Procedures

OUTLINE OF CRIMINAL COURT PROCESS

Transcription:

Marissa Boyers Bluestine, Legal Director A Day in the Life of a PD Lightstream Communications CLE

Exonerations Nationwide 311 inmates have been exonerated through DNA. 5 of those have been exonerated posthumously. Approximately 1,262 exonerations (DNA and non-dna) since 1989. 170 convictions dismissed in 13 group exonerations following the discovery of major police scandals. 9,969 people in the United States may be wrongfully convicted of serious crimes each year (Convicted But Innocent: Wrongful Conviction and Public Policy (Sage Publications, 1996))

Causes of Wrongful Conviction Eyew itness Misidentification (75%) Lim ited, Unreliable, Fraudulent Science (65%) False Confessions (25%) Inform ants/snitches (15%) 0 20 40 60 80 100

Reasons for Wrongful Convictions (in first 74 DNA exonerations)* No. % Mistaken ID 60 81.08 Serology Inclusion 38 51.35 Police Misconduct 37 50.00 Prosecutorial Misconduct 33 44.59 Microscopic Hair Comparison 26 35.16 Defective or Fraudulent Science 25 33.78

Reasons for Wrongful Convictions (in first 74 DNA exonerations)* Bad Lawyering 24 32.43 False Confessions 16 21.62 False Witness 15 20.27 Testimony Informants/Snitches 14 18.9 Other Forensic 5 6.76 Inclusions DNA Inclusions 1 1.35

Reasons for Wrongful Convictions 80% of sexual assaults involve erroneous IDs. 51% of all cases involve perjury or false informant information ( jailhouse snitches ). 42% involve official misconduct (police, prosecutors, and judges) 25% of homicides involve false confessions. 24% of all exonerations involve faulty or falsified forensic evidence

Have Innocent People Been Executed Yes

Eyewitness Mis- Identifications Eyewitness identification is the #1 cause of wrongful convictions in DNA cases and has been involved in 75% of DNA exonerations.

Memory Can be Changed

Eyewitness Identification: What Can Go Wrong? Memory for faces is more unreliable than most people think and is extremely malleable. Traditional lineup methods used by police cause people to use relative judgment and allow for cues that bolster witness confidence. Human memory, once affected, cannot be reinstated. Even honest mistakes cause permanent damage to memory.

Distance 134 Feet

Distance 100 Feet

Distance 5 Feet

Weapon Focus

Stress

Cross-Racial IDs

Forgetting Curve Common belief:

Forgetting Curve Actual:

Photo commitment

State v. John White actual lineup

Relative Judgment

3% 3% 54% 13% 3% 3% All witnesses are warned that the actual perp might not be in the lineup No choice: 21%

11% 3% 3% 6% 12% 54% 13% 3% 3% 38% 7% 5% No choice: 21% + = 75% 32%

Confirming Feedback 50 45 40 35 30 25 20 15 10 5 0 Certainty View Face Ease Basis Source: Wells & Bradfield, Good, you identified the suspect : Feedback to eyewitnesses distorts their reports of the witnessed experience, 83 J. APPLIED PSYCH. 360 (1998) Control Confirm

Witness Instructions Who was the highest scorer in the NBA in the 1980 s? a) Larry Bird b) Magic Johnson c) Michael Jordan d) Kareem Abdul-Jabbar e) None of the Above Answer: Alex English

Composite Sketches

Composite Sketches MISCONCEPTION: That resemblance to a composite sketch necessarily indicates greater reliability of an identification In fact, can alter memories and lead witnesses to pick out suspects who resemble the sketch rather than the actual perpetrator Composites are default descriptions See Wells, G.L. & Hasel, L.E., Facial Composite Production by Eyewitnesses, 16 CURRENT DIRECTIONS IN PSYCHOL. SCI. 6 (2007)

We Know How to Curb Mis-IDs Law enforcement all over the country are adopting known best practices based on scientific knowledge.

What are law enforcement groups doing? Procedures run by blind administrator Witnesses are warned before viewing an array: Perpetrator may or may not be present Don t have to make an identification Post-identification confidence statements Show arrays sequentially, not

The Post-Trial Process Raising Innocence Claims After Conviction

Criminal Procedure 101 Inmate is convicted at trial. Inmate pursues a direct appeal to the Superior Court of Pennsylvania, challenging legal errors that occurred during trial. An appellate attorney (paid or appointed) files a legal brief outlining the issues raised. The Commonwealth files an answer. The inmate files a reply brief. The Superior Court reaches a decision.

Crim Pro (cont d) A direct appeal generally raises procedural or constitutional errors (i.e., sentencing error, jury error, legal innocence issues, etc.). Is based only on the trial record. May not include claims of factual innocence or ineffective assistance of counsel.

Motion for a New Trial A primary vehicle in certain states for bringing forward new evidence of innocence. The standard usually requires defendants to prove that the new evidence probably would result in a different verdict or that no reasonable juror would vote to convicted in light of the new evidence. Subject to very stringent deadlines in Pennsylvania a claim under PCRA must be brought within a year that the conviction became final, or within 60 days of learning about the new evidence.

DNA Evidence Proof of Innocence Non-DNA Evidence Finding the real perpetrator. Evidence that it simply wasn t the defendant, even if we don t know who it is. Recanting witnesses. Science other than DNA (such as arson or crime scene experts).

PCRA or Habeas PIP files to request reversal of conviction based on new evidence. Can lead to evidentiary hearing. At hearing, petitioner (PIP) presents new evidence of innocence. If judge reverses conviction, the D.A. may retry the inmate.

The Difficulty of Raising Innocence Claims on Appeal In Pennsylvania, inmates have a right to counsel on a first PCRA, but not for subsequent petitions. The presumption of innocence ends when a defendant is convicted, so raising innocence on appeal or during the post-conviction process is quite difficult.

Post-Conviction DNA Testing Pennsylvania has a post-conviction access to DNA testing, BUT. Defendants must make a strong showing that the evidence would exonerate them. If pled guilty, cannot get testing If the conviction was after 1995, the defendant has to show that he asked for the test and his counsel was denied funds to get it.

Post-Conviction Law in Pennsylvania All post-conviction claims of evidence in Pennsylvania must be brought under the Post-Conviction Relief Act ( PCRA ) Inmates have a right to counsel on a first PCRA, but not for subsequent petitions. All PRCRA petitions must be filed within one year the conviction became final The one-year limit is jurisdictional and not subject to equitable tolling

Innocence in Pennsylvania Case studies of the wrongly convicted.

Thomas Doswell Police showed the white victim a photo array Only Mr. Doswell s had an R on it Testing on rape kit done on blood type only Released after 19 years when DNA test proved he was not involved in the crime

Bruce Godschalk Convicted of 2 counts of rape based on eyewitness testimony and his own confession One witness id ed Godschalk in a photo array, another did a composite sketch Serology could not exclude Godschalk as contributor to semen at scenes Jailhouse snitch claimed Godschalk confessed 15 years in prison, fight for DNA took 7 years

Vincent Moto Victim spotted Mr. Soto five months after her rape and identified him as the man who attacked her Parents and Mr. Moto testified he was at home the night of the attack DNA testing excluded Mr. Moto as the rapist in 1998 after he served 8.5 years in prison

Drew Whitley Convicted of 2 nd degree murder Hair found in a stocking cap at crime scene could be Mr. Whitley s but that saliva from a mask was not Prosecutor argued that the hairs matched Mr. Whitley Serology on shoes showed type A blood with both the victim and Mr. Whitley had DNA testing on the hairs excluded Mr. Whitley in February, 2006, and he was released in May,2006 after serving 16.5 years in prison

Barry Laughman Convicted of rape and murder of a distant relative Confessed to the crime, although he had an IQ of 70 Multiple discrepancies between his statement and evidence Served 16 years in prison before DNA results exonerated him Took DA over a year to withdraw charges

Eugene Gilyard Eyewitness identified Eugene 2 years after murder Rolex confessed in 2012 Released Nov. 15, 2013, after 15 years

The Pennsylvania Innocence Project Who we are, what we do.

The Pennsylvania Innocence Project s mission is to exonerate those who have been convicted of crimes they did not commit and to prevent the innocent from being

How we work Volunteer lawyers, law students, journalists and others work as teams to investigate claims of factual innocence. Teams work to gather information needed to assess a claim. If the documentation supports a plausible claim of innocence, an investigative team takes over to work the case for litigation.

How does PIP choose cases? Certain factors we look for: Credible alibi. Evidence does not support conviction (e.g., witness misidentification, no physical evidence linking inmate to crime, possible third party culpability). New evidence not known at trial. Gut feeling.

And, yes, DNA cases Things to look out for in potential DNA cases: Untested DNA evidence. Evidence tested using older testing methods (RFLP vs. STR). Newer, more accurate testing available now. Mitochondrial DNA testing - used mostly with hairs.

Help Prevent Wrongful Convictions Contact the Pennsylvania Innocence Project (215) 204-4255 innocenceprojectpa@temple.edu www.innocenceprojectpa.org Join the Act4Innocents in Pennsylvania Campaign www.act4innocents.com

Seeking Truth. Giving Hope. Freeing the Innocent