The Truth AboutWrongful Convictions

“Anybody who understands the justice system knows innocent people are convicted every day."               ~ Fla.  Supreme Court Justice Gerald Kogan (Ret.)

MythsEveryone in prison claims to be innocent.Only people who live “on the edge” are charged with crimes they didn’t commit.People who are exonerated must have done something to get charged in the first place.Wrongful convictions are extremely rare.Exonerations prove the system works.It can’t happen to me.

Facts

• 5% to 10% of U.S. prison population are factually innocent of the crimes of which they were convicted.*

• In raw numbers, that means as many as 200,000 innocent people are imprisoned.

• Of those innocent people, 90% pled guilty.

*Based on 1996 National Institute of Justice Report.

Causes of Wrongful Conviction

Eyewitness Identification

• Compelling evidence – but WRONG 50% of the time.

• Techniques commonly used by police can skew identification.– 6-photo spread (“pick the closest match”)– Use same suspect’s photo in repeat spreads (suspect

starts to seem “familiar”)– Use composite sketch to “match” with suspect photos

Junk Science

• Defective or Fraudulent Science– Experts reporting inculpatory results from tests not

conducted, or concealing exculpatory results– Evidence based on debunked theories, such as

microscopic hair comparison or bullet-lead matching– Faulty DNA matching– Overall high error rate in crime labs and medical

examiner’s offices—as high as 63%*!

*California Commission on the Fair Administration of Justice

Police Misconduct

• Tunnelvision—pick a suspect, ignore evidence that does not fit.

• “T&D”—Trickery and Deceit, manipulative tactics designed to coerce confession, regardless of truth

• “Bottom Fishing”—scouring jails and prisons for snitches willing to frame suspects

• Evidence Tampering/Concealment/Destruction• Witness Intimidation

Prosecutor Misconduct

• Culture of winning at all costs– “Never let the truth stand in the way of a conviction.”

• “Poison the Jury Pool”– Use media to convict suspects before trial.

• Withhold exculpatory evidence• Knowingly present perjured testimony• Misrepresent evidence during closing argument• Manipulate/misrepresent evidence pre-trial to

coerce a guilty plea

Bad Defense Lawyering

• “Do Nothing” – Does not meet with client,does not understand facts, does not hire experts,does not investigate, does not review discovery,does not subpoena or call defense witnesses,does not effectively cross-examine state’s witnesses, does not object to objectionable argument, doesnot argue motions or closing statement effectively.• “Free or Fee” – Contrary to stereotype, bad lawyeringoccurs equally among public defenders and private lawyers.

What is Truth in Justice?

Truth in Justice is a Virginia non-stock, nonprofit corporation organized to inform the public of the frequency of criminal conviction of factually innocent people and the reforms needed to prevent and alleviate such wrongful convictions, through education, partnership, and action.

Board of Directors

ofTruth in Justice

Ira Robins

• 40+ years experience as police officer and private investigator

• Best known for work in “Bambi” Bembenek case

• Developed new evidence in dozens of exonerations

• Speaker, radio host and frequent television guest

Martin Yant

• Author of Presumed Guilty, a classic on wrongful conviction

• Investigative journalist, editor, publisher and private investigator

• Developed new evidence that has freed 12 people

Dennis Fritz• Wrongly convicted of a

murder he did not commit in 1987 and sentenced to life in prison.

• Exonerated by DNA and freed in 1999.

• Author of Journey Toward Justice; speaker on wrongful conviction and justice issues.

Doug Berry

• 40+ years experience as pharmacist

• 25+ years experience as professional photographer

• Skilled web designer• Survivor of murder

victim

Sheila Berry

• 30+ years experience in civil and criminal litigation

• 10 years as director of DA-based victim assistance programs in Wisconsin

• Author of fiction and non-fiction books

Launched in 1997, UsingA New Medium – the Internet

Current Subject SectionsRecent Cases

Innocent Imprisoned

Wrongly Convicted Cops

Death Penalty

Eyewitness ID

Junk Science

Arson

False Child Abuse Claims

How the System Works

Police/Prosecutor Misconduct

Madison, Wisconsin

Recommended Reading

Innocence Projects

Life After Exoneration

Additional Features: Discussion Forum, Truth in Justice Files Editorial Blog and Truth in Justice Radio

Advocacy & Assistance

• Match pro bono or reduced fee forensic experts with cases– Tetrahedron Committee: Fire origin and cause

experts who review arson convictions• Work cooperatively with attorneys,

innocence projects and journalists to develop new evidence in innocence cases

Past cases in which Truth in Justice has assisted

• Eve Rudd, Cleveland, Ohio– Charged with capital murder and arson

• Clarence Elkins, Waynesburg, Ohio– Convicted of rape and murder; served 8 years

• Beverly Monroe, Richmond, Virginia– Convicted of murder; served 6 years

Current Cases in which Truth in Justice is involved

• Laurie Bembenek, Milwaukee, WI– Convicted of murder, served 11 years

• Nancy Smith, Lorraine, Ohio– Convicted of Satanic ritual sex abuse of

preschool children• John Maloney, Green Bay, WI

– Convicted of murder and arson

What Can YOU DoTo Protect Your Family,Your Community, and

Yourself?

Know your Constitutional rights• Innocence is no protection.

•DO NOT TALK TO THE POLICE WITHOUT A LAWYER.

•Do not agree to police polygraph or CVSA. •Do not consent to police search without a warrant.

Support Reforms• Videotaping of police interrogations in

serious felony cases, from beginning to end.• Eliminate suggestive eyewitness

identification procedures.– Show photos one at a time, not in multi-photo

spreads.– Officer not involved in investigation should

conduct the identification review.

•Adequate funding for indigent defense.

•Innocence Commissions in every state to review compelling innocence claims.

• With regard to the death penalty:

•Decide for yourself what an acceptable error rate is (how many innocent executed per hundred);

•Then act accordingly.

"There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice ..."- U.S. v. Jannotti, 673 F.2d 578, 614 (3d Cir. 1982)