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Aid rises for those wrongly convicted

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Lana Canen and Kristine Bunch insisted they were innocent for years after each was convicted of murder by Indiana juries. Both women were freed in 2012, but their paths to exoneration were starkly different.

“When a prosecutor knows that a person is not responsible, that prosecutor has a duty to take action because of the interest of justice,” said Elkhart County Prosecutor Curtis Hill. As prosecutor since 2003, his office won a conviction against Canen, and then years later joined defense efforts to free her from a 55-year sentence when new evidence came to light.

canen Canen

Canen’s case illustrates a trend reported by the National Registry of Exonerations maintained by the law schools at the University of Michigan and Northwestern University. In a report this month, the registry concluded that prosecutors or police last year initiated or cooperated in more than half of the 63 known homicide and sex-crime exonerations last year, a record high.

Canen was convicted in 2005 of killing 94-year-old Helen Sailor, largely on the strength of fingerprints on a pill bottle in Sailor’s home that authorities testified were Canen’s. Her conviction was affirmed by the Indiana Supreme Court, but in post-conviction relief, defense attorney Cara Shaefer Wieneke said a new expert re-examined that crucial evidence and concluded Canen’s prints didn’t match.

bunch Bunch

The defense review was provided to Hill’s office, and the state witness, “to his credit, at least made the determination he had been wrong about what he had testified,” Hill said.

As a PCR hearing neared, Wieneke got a call “out of the blue” from Hill’s office. “I never would have known any of that,” she said. “After that point, they really took the lead in terms of getting things in front of a judge.”

Wieneke said prosecutors joined a defense motion to vacate Canen’s conviction in November, and Canen walked out of prison the next day. “It was a really great turning point that they were willing to jump on board,” Wieneke said.

watson Watson

Bunch’s experience, however, reflects a continuing reluctance among some authorities to reconsider exculpatory evidence and claims of actual innocence.

Convicted of setting a fire in her mobile home she shared with her 3-year-old son Anthony in Decatur County, Bunch professed her innocence for more than 17 years.

Key to evidence against Bunch was testimony from witnesses including an ATF agent that accelerants were used to start the fire. The agency, though, failed to disclose documents that contradicted the testimony and evidence samples that were negative for the alleged accelerants.

The Indiana Court of Appeals in a 2-1 ruling ordered a new trial for Bunch, in part due to the withheld evidence and also because of the evolving science of arson forensics. The Supreme Court chose not to review the ruling. Bunch was freed in September 2012, and prosecutors dropped charges against her in December.

“The state of Indiana did not support her efforts to overturn her conviction,” said Faegre Baker Daniels LLP partner Jon Laramore, who joined Bunch’s defense team that succeeded in exonerating her. “Her conviction was overturned over the state’s opposition.”

Professor Fran Watson leads the Wrongful Conviction Clinic at Indiana University Robert H. McKinney School of Law. She said attitudes of prosecutors toward re-examining possible wrongful convictions or cases of actual innocence “are beginning to change, and perhaps it changes faster in some places than others, and it’s always going to be case by case.”

exonerated-facts.jpgWatson said the case of Larry Mayes, who in 2001 became the first person in Indiana cleared through re-examination of DNA evidence during post-conviction relief, was a turning point. It also was the first case Watson handled through the clinic. Lake County prosecutors joined defense attorneys in vacating Mayes’ conviction.

“When science changes just a little bit, do we as a society want to say, you only get one bite at the apple, even though now science has advanced to the point that you can actually show innocence?” she asked.

Indiana University Maurer School of Law Professor Ryan Scott has written extensively on criminal procedure and sentencing and recently attended a sentencing conference at Wake Forest University School of Law. There he met Dallas District Attorney Craig Watkins, who formed one of the nation’s first conviction integrity units specifically to review claims of innocence.

“Prosecutors are increasingly willing to cooperate in efforts to investigate credible claims of innocence,” Scott said. “That wasn’t always true.”

Scott said “tough on crime” stances tended to make prosecutors loath to re-examine such cases. “The assumption for many years among prosecutors was it was bad politics to cooperate” with exoneration efforts. In Dallas, Scott said, “the public has responded quite favorably because it helps to confirm the credibility of the system.”•

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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