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Rising number of exonerees reflects flaws in justice system

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Justice in Question

The legal system isn’t perfect, and sometimes innocent people go to prison.

That’s true even in Indiana, a state with its share of exonerees as evidence that justice failed the first time around. The potential for that number to rise is expanding here just as it is nationally, as a growing number of convicts hope to add their names to the list of the exonerated. They’re doing this by turning to methods that have freed others who were wrongfully convicted, as well as new issues that continue surfacing in the nation’s court system.

Attorneys and advocates may recite any number of underlying, intangible reasons - a demanding public and political pressure on police and crime-tough prosecutors, overloaded public defenders, and congested court calendars. But the practical reasons can be found with witness misidentifications, invalid or faulty forensic science, or investigative techniques that have been modified or disproven through the years.

Whatever the reason, attorneys know it all comes down to getting it right the first time, and when that doesn’t happen, cleaning up the legal or investigative mess from years or even decades before. They must look in the mirror and at the state’s system, learning from wrongful-conviction cases about how to ensure better justice in the future.

“This is very frustrating work,” said Hilary Bowe Ricks, an Indianapolis attorney who represents clients believed to have been wrongfully convicted. “It’s a very long process, and you can’t fix what happened. You can only make sure it doesn’t continue. But maybe, by doing all of this, we can show that we’re sometimes too quick to judge.”
 

Common causes

Contributing causesThe most common factors leading to wrongful convictions are eyewitness misidentifications and invalidated or improper forensics, followed by false confessions or admissions, and bad information from informants or snitches. The New York-based nonprofit Innocence Project reports that 238 people have been exonerated nationally because of post-conviction DNA testing. In Indiana, four of the five DNA exonerations have also involved witness misidentification, consistent with the national trend of that being a factor in 75 percent of wrongful-conviction cases, according to Stephen Saloom, an attorney and the Innocence Project’s policy director.

“These DNA cases give us a window into the arena of wrongful convictions and what causes them, and that goes far beyond the window through which we’re looking,” he said.

Some say the legal review process should be more like when an airplane crashes and investigators scour the wreckage to discover what went wrong and learn from the experience. Even with appellate review the courts don’t always take notice of the errors that can occur in the initial stages, a result of appeals judges not typically reconsidering a jury’s factual findings but instead focusing on procedural matters, whether the trial judge handled evidence and issues appropriately, and broader legal theories.

A Columbia Law Review article published in 2008 by University of Virginia Law professor Brandon L. Garret looked at the trials and appeals of 200 people convicted of violent crimes for which they were later exonerated because of DNA evidence. He found only 18 were granted reversals, while 67 had their appeals denied without any written ruling. In 63 cases, the appellate court’s opinion referred to the defendant’s guilt while in 12 others, the courts referred to the “overwhelming” evidence of guilt. Of the remaining cases, the appeals courts either found the defendant’s appeal without merit, or found some merit in defendant’s claims but ruled the trial court’s errors were “harmless” or unlikely to have affected the jury’s verdict.

That’s only to date, though. Even without DNA factors, emerging areas of forensic science are casting more doubt on the justice once given by juries and judges and later reviewed by higher courts. For example, one of the most recent trends leading to wrongful-conviction claims involves what’s known as “junk” forensic science, particularly in arson cases. The issue has surfaced in recent years and is becoming a more frequent claim in post-conviction cases, as well as at the trial level. These re-examinations come as many forensic disciplines face scrutiny for playing a role in wrongful convictions that have been exposed by DNA and other scientific advances.

In February 2009, the National Academy of Sciences issued a congressionally mandated report finding serious deficiencies in the nation’s forensic science system and called for major reforms. Part of that report says that in many fire cases, investigators routinely relied on indicators that were common at the time but have since become outdated and discredited by scientific research. Bottom line: Fires once thought to be arsons are now being proven to be the result of some other factor.

“That’s why to this day there are people in prison convicted on arsons that have been debunked before, after, or during their adjudication. But many are still in prison because of the scattershot nature of understanding the advance in that practice and applying it to these cases so long after the fact,” Saloom said.
 

Calls for reform

Indiana gets mixed reaction from people opining about how the state compares to others in adjudicating justice and analyzing injustice. Some say the system is ahead of the curve in various ways, while others point to it being behind nationally; still others say Indiana differs from nearby states by offering automatic post-conviction relief hearings and how appellate or postconviction courts have ways to review the trial court process. They also point to how the Indiana Supreme Court and General Assembly are exploring ways to make the system even stronger.

Saloom“My sense would be that we are definitely in the game, meaning we recognize the existence of invalid science used to convict and the appropriateness of providing common law and statutory remedies for newly discovered evidence,” said attorney and law professor Fran Watson, who leads the wrongful-conviction clinic at Indiana University School of Law - Indianapolis.

Watson said several state efforts put Indiana ahead of the curve, such as the automatic post-conviction relief hearings available to convicts, the post-conviction DNA testing they can utilize, and how Indiana has a statewide public defender agency to work on post-conviction cases. She’s also encouraged by efforts the courts are making to study the wrongfulconviction causes even more.

Whether that’s enough is debatable, according to some looking at Indiana from the outside.

“When it comes to preventing wrongful convictions, virtually no jurisdiction in Indiana and certainly not the state itself has significantly implemented reform on those leading causes,” Saloom said. “That puts them slightly behind most of the country.

“The good news is that (Indiana) is talking about it, there’s general preservation practices in place, and the court is taking some of these issues seriously,” he added. “While Indiana’s slightly behind, fortunately there are indications that the state does take these issues seriously and may very soon consider taking affirmative action on those reforms.”

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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