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System delivers injustice

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Justice in Question

Six men from Indiana had their day in court. All proclaimed and maintained their innocence to the prosecutors and defense attorneys handling their cases and to the judges and juries presiding over the trials.

In the end, Hoosier courts handed down a combined sentence of more than 350 years, and those six men served an aggregate 83 years behind bars. Dozens of hands within the state’s criminal justice system police, prosecutors, defense attorneys, judges, court and law firm assistances at the trial and post-conviction levels have touched those cases at some point but didn’t stop what turned out to be eight decades of incarceration.

Defendants Richard Alexander, Harold Buntin, Larry Mayes, David L. Scott, Dwayne Scruggs, and Jerry Watkins have no connection because the facts of their cases, the charged offenses, criminal proceedings, and ultimate convictions were unrelated. But a common thread among those six is that each was wrongfully convicted and served time behind bars for crimes they didn’t commit before being exonerated.

Professor Fran Watson

It’s an ongoing saga unfolding nationwide, and the numbers continue to increase. Before 2008, Indiana had five exonerations. Now, six have been freed, and other defendants who’ve maintained their innocence from the start are attempting to obtain their own exonerations.

Those on the front lines say it’s part of a bigger puzzle that may have an undefined number of pieces and intricacies within a case, past and present. Variables can include underfunded police, a demanding public and political pressure, crime-tough prosecutors wanting to ease that pressure and ensure public safety, inadequate public defense, overwhelming court dockets, appellate judges bound by caselaw and precedent for deference to lower courts, and forensic crime labs that face backlogs in reexamining decades-old DNA, evidence, and criminal justice procedures.

“It’s awful to have someone in prison you believe is innocent,” said Fran Watson, an attorney and Indiana University School of Law - Indianapolis professor who leads a criminal defense clinic that handles wrongful-conviction cases. “It’s not just enough to be innocent; you have to show the violation. As long as it takes, you’re particularly glad when justice gets done, finally.”
 

Hoosier exonerees

Five of the six Hoosier exonerees have been freed in the past decade; the most recent exoneration was in January and the earliest of these cases dates to 1993. The Innocence Project has taken on four more cases in recent years, according to staff attorney Jason Kreag, and so far, Watson said that Mayes’ release is the clinic’s only exoneration.

In January, Scott was freed from prison after 23 years and four months behind bars, which was part of the 50-year-sentence he received for the murder of an 89-year-old woman in Terre Haute during a home burglary. DNA tests last year implicated another man and a suspect in Kentucky has since been arrested.

Another man, Buntin, was released last year after serving 13 years from a conviction in a 1984 rape case. His case took a twist, though, in that DNA proved his innocence in 2005 but the Indianapolis man stayed incarcerated for almost two additional years because of misfiled paperwork at the court. That has led to disciplinary proceedings against Marion Superior Judge Grant Hawkins and Commissioner Nancy Broyles. Buntin has filed lawsuits against the jurists and county.

Indianapolis attorney Michael Sutherlin, who represents Buntin and is also working on a possible civil suit in Scott’s wrongful conviction, said the trends are becoming more apparent. He sees innocence initiatives exposing the fallibility of the criminal justice system overall, but he acknowledges there sometimes can be “a perfect storm of events” - brutal crimes, judges who want to be hard on criminals in an election year, communities up in arms, pressure on police to find the person who committed the crime, and pressured public defenders with overwhelming caseloads.

It can be tough to find the problems, particularly in older cases where evidence has been lost or damaged and witness accounts may no longer be available, Sutherlin and other attorneys say.

“These things can happen so easily, and these cases can open people up to the dangers of the system,” said New York attorney Nick Brustin, who has handled at least 20 wrongful-conviction cases nationally, including Mayes’ federal civil rights lawsuit stemming from a wrongful conviction and 21 years of incarceration. “Our hope is that these will lead to change.”
 

The Indiana connection

A part of a national network of law and journalism schools working on wrongful-conviction cases, the IU School of Law - Indianapolis clinic is dedicated to raising awareness about the failings of the criminal justice system and the thousands of innocent people in jail and on death row. The clinic has worked for the past decade with the New York-based non-profit Innocence Project, the nation’s most prominent organization devoted to proving wrongful convictions.

They often work with a wrongful-conviction clinic through Northwestern University and others throughout the country and cooperate with the Indiana State Public Defender’s Office, Watson said.

The Indianapolis clinic is currently the only one in the state affiliated with the network, Watson said. She and her students have filed appearances in about a dozen cases through the years, but they’ve put in hundreds of hours of work investigating and researching other cases that ultimately couldn’t be pursued.

While the wrongful-conviction clinic currently operates through the criminal-defense clinic at the law school, Watson said it will become independent in the future.

“This has the feeling of a movement and is all about what the system does wrong and what we can do better,” she said.

Studies of wrongful convictions suggest that thousands of innocent people are in jails and prisons across the country. The Innocence Project pursues 250 cases at any given time and reviews thousands of additional cases for legal action, according to Kreag, who handles all the wrongful-conviction cases from Indiana. Hundreds of letters are received each month, but only about 1 percent of those cases will be accepted, he said. A third of those accepted cases are ultimately closed because evidence has been lost or destroyed over time, Kreag said.

The most common legal issues in cases of wrongful convictions involve inaccurate witness identification, false testimony, government misconduct, and DNA-based evidence that later proves that person wasn’t the one responsible, according to Kreag. Indiana has adequate post-conviction laws that allow the DNA testing, but it doesn’t have any DNA storage laws or recorded interrogation statutes to improve the process.

Three-quarters of the DNA-based cases involve original misidentification of the perpetrator, Kreag said.

The Innocence Project reports that more than 220 exonerations have occurred nationally based on DNA evidence, but Kreag said that doesn’t take into account the criminal cases it doesn’t get involved with those lacking any biological evidence, such as burglaries, thefts, or criminal mischief convictions.

“Mistakes can be made so easily, and they are made routinely and that’s why it’s essential that everyone be aware no matter what part of the system they’re at,” Kreag said. “There’s no reason to think these mistakes can’t and aren’t happening in other cases we can’t get to, where there is not any biological evidence to review. We’re only seeing a small portion of what’s happening out there.”

To read more about Larry Mayes, read "After Exoneration,"   which appears in the Sept. 17-30, 2008, issue of Indiana Lawyer

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  1. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  2. Low energy. Next!

  3. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  4. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  5. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

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