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Clinic argues for man's innocence

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Justice in Question

A large number of the wrongful-conviction cases in recent years have involved DNA evidence that wasn’t available at the time of a crime. Once that testing technology became possible, those who’d been convicted started turning to the method to prove the innocence they’d maintained all along. In one Indiana man’s case, the DNA evidence excluded him, but a lesser caliber category of forensics was introduced as evidence. Now, convicted felon Roosevelt Glenn said that serology used at his trial was a contributing factor in his being wrongfully convicted and spending the past 16 years behind bars.

He is now being assisted by the wrongful-conviction clinic at Indiana University School of Law Indianapolis, and the Indiana Supreme Court is considering whether to accept his post-conviction case on an issue his attorneys and some nationally say is an important question of law relating to wrongful convictions.

Fran Watson“This case is the ideal vehicle to correct an erroneous determination and to set forth the appropriate test for granting a new trial under Indiana’s remedial DNA statute,” wrote Indianapolis attorney Stacy Uliana in an amicus curiae brief submitted by the pro bono Innocence Network, a group of organizations committed to investigating and advocating on wrongful conviction cases. “Sections 8 and 19 of the Indiana DNA statute affirm a petitioner’s statutory right to a new trial once he demonstrates a ‘reasonable probability’  not a certainty  that a jury considering the evidence as it stands today would fail to convict him. Glenn has amply surmounted that barrier, (and he) seeks the opportunity for a new, fair trial where the remaining evidence against him must stand alone, not false corroboration by discredited science.”

After a mistrial in 1992 resulting from a hung jury, Glenn was convicted in March 1993 on a Class A felony rape count arising from a series of Lake County gang rapes and robberies that happened between 1989 and 1990. Five people were allegedly involved and police ultimately looked at Glenn and some of his co-workers, though the state dismissed charges against some of them. He received a 36-year prison sentence, which was later upheld on appeal.

At the time of the trial, Glenn was a 27-year-old married father without a criminal history. His initial appeal failed, but after a decade in prison he filed a claim based on post-conviction DNA evidence allowed by Indiana’s new DNA statute that went into effect July 1, 2001.

His post-conviction appeal argued that he was entitled to a new trial based on newly discovered material evidence: that a hair strand the state had used to convict him at trial wasn’t his and that the serology shouldn’t have been used after post-conviction DNA testing excluded him from being a contributor in the crimes. He also argued his counsel wasn’t effective because those issues weren’t raised more forcefully at trial. However, Glenn’s post-conviction claims didn’t result in a reversal, and in its April 2009 unpublished decision the Court of Appeals wrote that the circumstantial evidence used in the case, considered as a whole, was sufficient and probably wouldn’t lead to a different result on retrial.
In the pending petition for transfer, attorney and law professor Fran Watson, who leads the law school’s wrongful conviction clinic, argues that the court has a chance to review this case and set a standard for how these issues are addressed in the face of growing exonerations and wrongful-conviction findings nationally.

The simple fact is“At their core, the three issues revolve around the State’s use of invalid science to secure a conviction,” Watson wrote, citing two recent U.S. Supreme Court cases that touched on science and wrongful convictions. “Both, highlight the fact that the State’s use of invalid science is a systematic problem from which unfortunately, as this case reflects, Indiana is not immune.”

Watson said the ultimate question in this case is whether DNA trumps serology, and it’s that on which she hopes to get the Supreme Court to accept transfer.

According to the New York-based Innocence Project, which accepts cases nationally and is affiliated with the Cardozo School of Law, serology was the only way prior to DNA testing to help identify the source of blood, semen, or other body fluids found at a crime scene. Forensic analysts were able to use serology to determine what blood type was present in fluids collected in a rape kit or on a crime victim. Wrongful-conviction cases and exonerations in the past decade show that analysts sometimes have failed to recognize nuances in the forensics that make it impossible to truly know the blood type of the perpetrator, or resulting in analysts providing inaccurate statistics for the percentage of the population who share the perpetrator’s blood type.

“The simple fact is that knowledge increases, and we’re going to find that more and more cases at the post-conviction relief level that need scrutiny because of this new knowledge,” Watson said. “It’s not a situation where anyone was falsifying evidence or misleading the court, it’s just what the experts believed was valid at the time. Now, we know that’s wrong.”

Responding to the Indianapolis law school’s transfer petition, Zachary Stock, Indiana deputy attorney general, contends the justices should deny transfer because the Court of Appeals applied existing law in its unpublished opinion to determine that newly discovered evidence probably wouldn’t produce a different result at a jury trial. The response also notes that the alleged due-process issue is procedurally defaulted and that Glenn hasn’t stated any reason why an ineffective assistance of counsel claim warrants transfer.

“The forensic science presented in a trial can be wrong, but it does not necessarily follow that the conviction following that presentation is also wrongful,” the brief states.

Whether Glenn, now 47, gets the ear of Indiana’s justices remains to be seen. The court started considering his request Aug. 27, but a decision hadn’t been made by deadline for this story.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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