Innocence

INNOCENCE: Another Florida Inmate Added to Exoneration List

Carl Dausch, a former death row inmate in Florida, has been added to DPIC's list of exonerations from death row, bringing the national total to 147 and Florida's total to 25, the most of any state in the country. On June 12, 2014, the Florida Supreme Court directed the acquittal of Dausch because there was insufficient evidence of his guilt. The Court stated, "We do not take lightly the result that will flow from our decision today. We have reviewed the entire record in this case with the utmost seriousness and care. Yet, our comprehensive review of this case leaves us with the inescapable conclusion that the evidence is simply insufficient to conclude, beyond a reasonable doubt, that Dausch was the person responsible for murdering Mobley. At best, the evidence presented by the State creates a suspicion of guilt." Dausch's is the fourth death penalty exoneration in 2014. Glenn Ford was exonerated in Louisiana in March, and Henry McCollum and Leon Brown were exonerated in North Carolina in September. All three men had been imprisoned for 30 years.

North Carolina Innocence Commission Frees Another Inmate, 38 Years Late

The same Commission that freed former death row inmates Henry McCollum and Leon Brown in September exonerated another man who had been convicted of murder, Willie Womble (l.). The North Carolina Innocence Inquiry Commission freed Womble on October 17, dismissing his 1976 first-degree murder conviction and life sentence. Womble had been convicted of acting as a lookout while another man, Joseph Perry, robbed a convenience store and killed the cashier. Both Perry and Womble received life sentences. Though Womble had always said he was innocent, he never filed a motion to challenge his conviction, perhaps because of his diminished mental capacity (a disability also present in McCollum and Brown). In 2013, Perry wrote a letter to the Innocence Commission stating that Womble was innocent. When Perry learned that his actual accomplice had died, he decided he could reveal Womble's innocence without putting the other man in prison. The Commission investigated Womble's case and found that his confession had been possibly coerced and written by a detective working on the case. Christine Mumma, executive director of the N.C. Center on Actual Innocence, said, “In 2008, the legislature passed a law requiring the recording of interrogations. This is another case showing how important that is.” Granville County District Attorney Sam Currin supported Womble's exoneration, saying, “I apologized to Mr. Womble and to the family of Mr. Roy Bullock, who was the victim. I just felt it was right. The system and the state of North Carolina failed them for 39 years.” Although not sentenced to death, Womble's case shows the risks of capital punishment and the difficulty in discovering innocence.

Florida's Troubled History With the Death Penalty

A recent retrospective in the Fort Myers Florida Weekly on the state's death penalty traced some of the problems that have arisen since Florida resumed executions in 1979. During the execution of Jesse Tafero in 1990, six-inch flames shot from the prisoner’s head, and three separate jolts of electricity were required to kill him. Prison officials attributed it to “inadvertent human error.” In the execution of Pedro Medina in 1997, flames and smoke again spewed out from under the head gear. Ron McAndrew, the warden at the time, recently remarked, “For the next 11 minutes, instead of electrocuting this man, we burned him to death. We literally burned him to death.” Florida Supreme Court Justice Leander Shaw called such executions “barbaric spectacles” and said they were “acts more befitting a violent murderer than a civilized state.” Florida also has more exonerations (24) from death row than any other state. It is the only state that allows a jury to recommend a death sentence by a simple majority; most states require unanimity. The state's recent passage of the Timely Justice Act, designed to speed up executions, has raised concerns that it will reduce death row inmates' opportunities to prove their innocence.

Death Penalty Lawyer Called America's Mandela

In a recent column in the New York Times, Nicholas Kristof highlighted the work of Bryan Stevenson (pictured), referring to him as "America's Nelson Mandela." Stevenson, the founder of the Equal Justice Initiative in Alabama, has focused his career on representing indigent defendants, especially those on death row throughout the south. In his new book, Just Mercy, Stevenson tells the story of representing and eventually winning the exoneration of Walter McMillian, a black man unjustly convicted and sentenced to death in 1988 for the murder of a white woman in Alabama. Kristof asked Stevenson if "such a blatant and racially tinged miscarriage of justice" is less common today. Stevenson said, "If anything, because of the tremendous increase in people incarcerated, I’m confident that we have more innocent people in prison today than 25 years ago."

Former Death Row Inmate in Texas Freed Because Attorneys Missed Evidence

On October 8 former death row inmate Manuel Velez (pictured with his son before his arrest) was freed from a Texas prison, following a "no contest" plea to a lesser charge on August 25. Velez had been convicted of killing his girlfriend's one-year-old son but consistently maintained his complete innocence. Velez's conviction was overturned in 2013 because his attorney failed to present evidence that the injuries leading to the child's death were sustained while Velez was 1,000 miles away. Medical records indicated the child's head ballooned in size in the months prior to his death in a manner that could only have been caused by head injuries. During that time, the child's mother was the only adult living with him. Velez's trial was also tainted by prosecutorial misconduct. The prosecution presented a witness who claimed that if Velez were not executed, he would be imprisoned under lax conditions with a risk for escape, making him a "future danger." The Texas Court of Criminal Appeals said this testimony was false and contrary to known prison regulations, which the prosecution knew. Velez agreed to the no-contest plea so he could rejoin his family without the delay of a retrial, even though a retrial might have fully exonerated him.

BOOKS: "Just Mercy" by Bryan Stevenson

Bryan Stevenson, founder of the Equal Justice Initiative in Alabama, has written a new book, Just Mercy, about his experiences defending the poor and the wrongfully convicted throughout the south. It includes the story of one of Stevenson's first cases as a young lawyer, that of Walter McMillian, who was eventually exonerated and freed from death row. McMillian, a black man, had been convicted of the murder of a white woman in Monroeville, Alabama. His trial lasted just a day and a half, prosecutors withheld exculpatory evidence, and the judge imposed a death sentence over the jury's recommendation for life. Archbishop Desmond Tutu said of the book, “Bryan Stevenson is America’s young Nelson Mandela, a brilliant lawyer fighting with courage and conviction to guarantee justice for all. Just Mercy should be read by people of conscience in every civilized country in the world to discover what happens when revenge and retribution replace justice and mercy. It is as gripping to read as any legal thriller, and what hangs in the balance is nothing less than the soul of a great nation."

The Angolite Features Louisiana's Death Row Exonerees

An article in the latest edition of The Angolite, a magazine published by prisoners at the Louisiana State Penitentiary in Angola, tells the stories of the ten men who have been exonerated from death row in that state. The piece prominently features Glenn Ford, the state's most recent inmate to be freed. Ford spent 30 years on death row before being released in 2014. Among the other cases described is that of John Thompson, who was freed after it was revealed that prosecutors intentionally withheld evidence from his attorneys. A jury awarded Thompson $14 million in damages, but the U.S. Supreme Court overturned the decision, saying the prosecutor's office could not be held accountable for not training their staff based on this single violation of the law. After describing all ten cases in which the wrongfully convicted men spent a total of 120 years on death row, the article concludes, "These are symptoms of a criminal justice system in dire need of repair....These are dangers of the ultimate punishment that can never be taken back, even if down the road innocence is proven." 

NEW VOICES: Former FBI Director Says People Were Executed Based Partly on Faulty Agency Testimony

William Sessions, former head of the Federal Bureau of Investigation, recently pointed to cases of defendants who were executed based in part on faulty hair and fiber analysis in calling for changes in the use of forensic evidence. In an op-ed in the Washington Times, Sessions told the story of Benjamin Boyle, who was executed in Texas in 1997. His conviction was based on testing conducted by an FBI crime lab that an official review later determined to be unreliable and "scientifically unsupportable." Neither state officials nor Boyle's attorneys were notified of the task force's findings before his execution. In two other cases, inmates were also executed despite findings that their cases were tainted by unreliable forensic testimony from the FBI. Sessions said, "I have no idea whether Boyle was innocent, but clearly, he was executed despite great doubts about his conviction. Such uncertainty is unacceptable, especially in a justice system that still allows the death penalty."

Pages