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Archive for February, 2009

The Exonerated and the U.S. Supreme Court: What’s at Stake in Osborne

Posted on Thursday, February 19th, 2009 by Christian Van Buskirk

Thursday, February 26, 2009; 12:30 p.m.

Phillip H. Hart Auditorium (McDonough Hall), Georgetown University Law Center

An unprecedented gathering of people from around the country who have been exonerated through DNA testing, leading legal authorities on federal post-conviction remedies, a crime victim from a recent high-profile Texas wrongful conviction case, and others will discuss District Attorney’s Office v. William G. Osborne, which is set for oral argument at the U.S. Supreme Court on March 2. The state has arbitrarily refused Osborne’s requests for DNA testing for years – even though the testing would be performed at no cost to the State, and the State now concedes that DNA testing could prove his innocence for a 1993 rape and attempted murder in Alaska. On March 2, the Innocence Project will argue before the U.S. Supreme Court that Osborne has a constitutional right to DNA testing that can prove his innocence.

Confirmed speakers include:

Marvin Anderson, who served 15 years in prison for crimes he didn’t commit. He was exonerated with DNA testing in 2002 – becoming the first person in Virginia exonerated through post-conviction DNA testing.

Bruce Godschalk, who served 14 years in prison for a 1986 rape in Pennsylvania before DNA exonerated him. Godschalk was the first person in the U.S. granted post-conviction DNA testing under federal law (his appeals for DNA testing in state court were denied; his exoneration led Pennsylvania to enact a statute granting post-conviction DNA testing).

Rickie Johnson, who served 25 years at Louisiana’s notorious Angola Farm Penitentiary for a 1982 rape he didn’t commit. Johnson was exonerated in 2008 after the Sabine Parish District Attorney quickly agreed to DNA testing in his case.

Dennis Fritz, who was convicted of murder in Oklahoma and served 11 years in prison before DNA testing exonerated him in 1999. The wrongful convictions of Fritz and his co-defendant, Ron Williamson, are the subject of John Grisham’s best-selling nonfiction book, "The Innocent Man."

Michele Mallin, who was brutally raped in 1985 when she was a 20-year-old sophomore at Texas Tech. She was the fifth victim of a serial rapist on campus, and she identified Timothy Cole as her assailant. Cole was convicted and sentenced to 25 years in prison. In 1999, Cole died in prison at the age of 39. Last year, Mallin learned about evidence of Cole’s innocence and joined his family in an effort to exonerate him posthumously. Mallin testified at an unprecedented hearing in Austin earlier this month, where a judge recommended throwing out Cole’s conviction.

David Rudovsky, one of the nation’s leading authorities on post-conviction remedies under federal law. Rudovsky is a Senior Fellow at University of Pennsylvania Law School and has written scholarly articles and litigation-related books on criminal law, constitutional criminal procedure and evidence. He recently presented about the Osborne case to a National Institute of Justice conference.

They will be joined by several other people exonerated through DNA testing and other leading attorneys in the field. The event is sponsored by Georgetown’s Office of Public Interest and Community Service, the Innocence Project and the Mid-Atlantic Innocence Project. For more on the Osborne case, go to: http://www.innocenceproject.org/Content/1852.php. For more information, contact Eric Ferrero at the Innocence Project; mailto: eferrero@innocenceproject.org; 212-364-5346.

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National Academy of Sciences: Forensic Sciences In Need of Regulation

Posted on Wednesday, February 18th, 2009 by Christian Van Buskirk

On February 18, the National Academy of Sciences (NAS) released its long-awaited study of forensic science labs.  The study, launched in 2005 at the behest of Congress, found that America's crime labs are underfunded, understaffed, and frequently rely on forensic methods that have not been scientifically verified. (more…)

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MAIP Seeks Virginia DNA Staff Attorney

Posted on Tuesday, February 10th, 2009 by Eily Raman

The Mid-Atlantic Innocence Project seeks a Virginia DNA Staff Attorney to coordinate MAIP's involvement in a groundbreaking project in which the Commonwealth of Virginia is performing post-conviction DNA testing in nearly 1,000 old cases in which biological evidence was saved by the state crime laboratory between 1973 and 1988 (before DNA testing was used in courts).  For a complete job announcement and application instructions, please see below. 

Virginia DNA Staff Attorney 

The Mid-Atlantic Innocence Project (MAIP) is a non-profit corporation dedicated to the correction and prevention of wrongful convictions in the District of Columbia, Maryland, and Virginia.  For almost two years, MAIP has been intimately engaged in a groundbreaking project in which the Commonwealth of Virginia is performing post-conviction DNA testing in nearly 1,000 old cases in which biological evidence was saved in the state crime laboratory between 1973 and 1988 (before DNA testing was used in courts). 

Some of the defendants in these cases have been notified by letter about this project, and more than 50 of them have contacted MAIP and are claiming innocence.  In the next few months, many more defendants are likely to be notified about this project via pro bono attorneys trained in part by MAIP.  Thus, we anticipate many more innocence claims in the months ahead.   

MAIP recently has received a grant to assist us with the increasing demands of this work and therefore is seeking a staff attorney to coordinate several aspects of this project, including representation of potentially innocent defendants; training, recruiting, and co-counseling with pro bono lawyers; and other advocacy intended to ensure the fair treatment of all individuals affected by the new testing.

The Staff Attorney’s duties will include:

  • Working with pro bono lawyers at an area law firm to screen the innocence claims.  This will include factual assessments, reviewing the DNA test results, consulting with experts, working with the defendants themselves, and working to obtain the necessary legal and scientific documents.

  • Recruiting, training, and supervising pro bono lawyers who will co-counsel with MAIP in the representation of the defendants whose cases we accept.

  • Co-counseling with those firms in the representation.

  • Managing a panel of DNA experts who are reviewing the cases.

  • Working with the Virginia State Bar to help train and monitor the pro bono lawyers notifying defendants.

  • When exonerations do occur, helping to coordinate post-exoneration services and compensation; studies of the causes of wrongful conviction in those cases; and media coverage.

  • Working with the Executive Director to ensure that any systematic problems with the testing or process are exposed and addressed by the relevant Commonwealth agencies.

  • Other duties that might arise in the general management of this project.

  • Other MAIP duties, as appropriate.

Qualifications:

  • Excellent writing and editing skills.

  • Excellent organizational skills.

  • Ability to communicate with a diverse group of people, including prisoners, law firm attorneys, and state officials.

  • Criminal law or litigation experience preferred.

  • Ability to juggle multiple tasks.

  • Ability to conduct some travel within the Commonwealth of Virginia.

  • Some understanding of DNA testing methodologies a plus but not required.

  • Virginia Bar membership or willingness to take the Virginia Bar preferred.

Salary: Commensurate with experience.

Education: J.D. Required

Application Deadline: Open until filled

Please send resume, cover letter, writing sample, and three references via mail or email to:

Shawn Armbrust, Executive Director
Mid-Atlantic Innocence Project
4801 Massachusetts Ave., NW
Washington, D.C. 20016
sarmbrust@exonerate.org

 The Mid-Atlantic Innocence Project is an equal opportunity employer and encourages people of color, women, and LBGT persons to apply.

 

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New Study Discredits Forensic Procedures

Posted on Thursday, February 5th, 2009 by Christian Van Buskirk

The National Academy of Sciences will publish a report later this month that calls into question the practices of forensic laboratories. Forensic labs work with evidence such as fingerprints and blood spatters, and have been popularized by shows such as CSI.

Conducted over a 2 year period, the study found that analysts are often undertrained and employee substandard methods. Despite these inadequacies, the study also discovered that analysts are prone to exaggerating the accuracy of their results. Sloppy lab work and misleading expert testimony are common causes of wrongful convictions.

The study is expected to bring dramatic changes to both labs and courtrooms across the country. The report recommends that a universal set of standards be applied to all labs. Likewise, the report’s findings will give greater weight to defense attorneys arguing against forensic procedures and expert testimony.

To read the New York Time's article on the study, please click here.

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