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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. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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