The Georgetown Voice today published an article about MAIP's outreach efforts in the District of Columbia.  People convicted in Washington D.C. are incarcerated around the country in the Federal Bureau of Prisons, and have a more difficult time learning about MAIP's services.  In order to educate people about MAIP's work, staff members and volunteers have spoken at community meetings around Southeast and Southwest D.C. and held a clinic at Matthews Memorial Baptist Church on November 12.  

To read the article, click here

Phillip Thurman was granted a full pardon by then-Virginia Governor Mark Warner in 2005 after DNA evidence proved that Thurman had spent 19 years in prison for a rape, abduction and assault he did not commit.

In the early morning of December 30, 1984, a 37-year-old woman was abducted, beaten, raped and strangled by an unknown African-American man while she was waiting at a bus stop in Alexandria, VA.

Shortly after the victim told police her assailant was tall, think and wearing a green jacket, Thurman was found near the crime scene matching the description the victim gave.  The victim and another witness later identified Thurman as the assailant.  Mistaken witness identification is the leading cause of wrongful convictions.

Mary Jane Burton, an analyst at a Virginia state crime lab, analyzed biological evidence found on the victim’s underwear.  Under the limited forensic technology available at the time, all Burton was able to confirm was that the assailant had Type B blood type.  Though Thurman does have Type B blood, it is a type shared by 20 percent of African-American men.

Thurman was convicted and sentenced to 31 years in prison.  He served 20 years before being released on parole, at age 50, on November 17, 2004.  Throughout his prison stay, he maintained his innocence and wrote to lawyers, judges, lawmakers and organizations asking for help.  When he was released, he was forced to register in Virginia as a sex offender.

After Burton died in 1999, it was discovered that she kept samples of many of the cases she analyzed.  In 2001, 2003 and 2004, tests using her samples proved that Marvin Anderson , Julius Earl Ruffin and Arthur Whitfield were all innocent of the crimes they were convicted of.

Thanks in part to the urging of the Mid-Atlantic Innocence Project, then Gov. Warner decided to test a random sample of the evidence left behind by Burton.  On December 14, 2005, Gov. Warner announced that of the 31 samples tested, two indicated that the wrong man was convicted of the crime: Phillip Thurman and Willie Davidson.

The testing used the same sample Burton analyzed from the victim’s underwear.  On December 14, 2005, Gov. Warner announced that not only did the testing exclude Mr. Thurman, but it also produced a cold hit from a known rapist in Virginia’s DNA database.  

On December 22, 2005, Gov. Warner issued a pardon for both Thurman and Davidson.  Thurman was eventually given an undisclosed amount in compensation for his wrongful conviction.

The results of these experimental tests proved that a number of wrongfully convicted people could prove their innocence through the DNA samples that Mary Jane Burton kept.  As a result, Gov. Warner fully authorized the Old Case Testing Project, which MAIP is helping to coordinate to guarantee that every case sample Burton maintained could be tested.

Willie Davidson spent 12 years in prison for a rape he did not commit before a DNA test proved his innocence.  Not only did his case help clear his name, but it paved the way for other wrongfully convicted people in Virginia to prove their innocence and win their freedom.

On November 27, 1980, Thanksgiving Day, a 66-year-old Norfolk woman woke up in the middle of the night to find a masked man wearing gloves, a cap and a coat sexually assaulting her. 

While being interviewed by police, the victim did not give any indication of knowing her attacker.  However, after police informants led police to Willie Davidson, the victim picked him out of a photo lineup, saying he had been at her house the day before her attack.  Days later, Davidson was brought to the jail wearing a stocking over his head, where the victim stated that he looked like her attacker.  Mistaken witness identification is the leading cause of wrongful convictions.

At trial, a lab analyst testified that semen was found on tissues that the perpetrator used to clean himself after the rape.  Serology testing revealed Type O blood on the tissue, the same blood type as the victim.  Because Davidson is a nonsecretor, semen and other bodily fluids cannot determine his blood type.  The analyst testified that the perpetrator could have only had Type O blood or have been a nonsecretor.  This testimony contradicted with known serological truths.  In fact, because the victim’s blood could have masked the semen of any perpetrator, no blood type could have been excluded by the tests.  This testimony was highly misleading to the jury.

Furthermore, the analyst testified that one pubic hair found on the crime scene was “consistent” with Mr. Davidson’s public hair.  Hair examination is not considered a science and is completely based on the physical observations of the analyst.

The victim also testified at trial that she had known Mr. Davidson and his family all his life.  Davidson’s family had moved away for many years and she had not seen him again until his family visited the victim’s house the day before the attack.

Despite the weak evidence against him, Davidson was convicted of rape, sodomy and robbery and convicted to 20 years in prison.  He was released on parole in 1993 after serving 12 years.  As part of his parole, Davidson was forced to register as a sex offender and spend over a decade outside of prison as a convicted rapist.

After Virginia Department of Forensic Science analyst Mary Jane Burton died in 1999, it was discovered that she kept samples of many of the cases she analyzed.  In 2001, 2003 and 2004, tests using her samples proved that Marvin Anderson , Julius Earl Ruffin and Arthur Whitfield were all innocent of the crimes they were convicted of.

Thanks in part to the urging of the Mid-Atlantic Innocence Project, then Gov. Warner decided to test a random sample of the evidence left behind by Burton.  On December 14, 2005, Gov. Warner announced that of the 31 samples tested, two indicated that the wrong man was convicted of the crime: Phillip Thurman and Willie Davidson.

On December 22, 2005, Gov. Warner issued a pardon for both Thurman and Davidson.  Davidson was eventually given an undisclosed amount in compensation for his wrongful conviction.

The results of these experimental tests proved that a number of wrongfully convicted people could prove their innocence through the DNA samples that Mary Jane Burton kept.  As a result, Gov. Warner began the Old Case Testing Project, which MAIP is helping to coordinate to guarantee that every case sample Burton maintained could be tested.

A little more than two decades after DNA testing was first used to clear the name of a wrongfully convicted American, Freddie Peacock became the 250th person to prove his innocence based on DNA testing Thursday, which was conducted thanks to the work of the Innocence Project.

Peacock, 60, was convicted in Rochester, New York of a 1976 of a rape he did not commit.  Though he was released on parole in 1982, it has taken 28 years since his release to have the crime taken off his record, longer than any other exoneree who proved his innocence based on DNA testing.

Peacock was implicated based on a questionable identification by the victim, who lived in his apartment building.  After a long interrogation, Peacock, who suffers from mental illness, gave a confession that strongly conflicted with the facts of the case. Witness mis-identifications and false confessions are two of the leading causes of wrongful convictions. (more…)

Nearly three decades after he was convicted of brutal rape and murder that he did not commit, Donald Gates was freed December 15, 2009 by a District of Columbia Superior Court Judge after DNA evidence proved that another man committed the crime.

Mr. Gates has always maintained his innocence.  Now, thanks to the hard work of Parisa Deghani-Tafti and others from the Public Defender Service for the District of Columbia, he finally has regained his freedom. 
     
Gates was convicted for the June 1981 murder of Catherine Schilling in Rock Creek Park. Prosecutors claimed that the 21-year-old Schilling was on her way home from work when Gates attempted to rob her. When she resisted, they said, he raped her and then shot her in the head.

FBI Special Agent Michael Malone told jurors that two pubic hairs found on Schilling’s body were microscopically identical to a sample taken from Gates.  A woman also testified that Gates tried to rob her in the same park less than three weeks earlier. A convicted felon also testified that Gates confessed the crime to him shortly after it occurred.

Gates has always maintained his innocence on these charges and claims to have never met the informant Gerald Mack Smith, who was paid over $1000 to provide his testimony.  Four other cases that Smith had been paid to testify in eventually were dismissed. Incentivized snitch testimony is one of the leading causes of wrongful convictions.

It later surfaced that Malone had given false testimony in a series of murder cases across the country. Malone was singled out in a report by the Justice Department’s Office of the Inspector General, and his record was the subject of a Wall Street Journal investigation. Malone later admitted to lying on the stand in a death penalty case in Florida, the defense wrote.  Lab fraud is another leading contributor of wrongful convictions.

In 2008, PDS filed a motion to have further DNA testing done on Schillings's remains. Those and subsequent tests showed that Gates didn't commit the crime and also DNA of a man who tests say cannot have been Gates.

During a review of Malone’s work, the Justice Department asked the District’s U.S. Attorney’s Office to look at the Gates’ case. In 2003, a forensic scientist found that Malone’s lab report was not supported by his notes. Defense lawyers claim those findings were passed on to the U.S. Attorney’s Office, but never were revealed to Gates’ counsel.
       
"This is outrageous," Judge Ugast said in regards to Malone’s faulty analysis. He ordered a review of all convictions in the District in which Malone testified. "We are trying to right a wrong," he said.

Gates, now 58, was released from prison with $75 and a bus ticket to Ohio.  Since his exoneration, Gates has moved to Knox County, TN to be with family.  He has not yet been compensated for his wrongful conviction.

Click here to watch MAIP Executive Director Shawn Armbrust discuss the case with DC's Fox 5 News.

Among its extensive coverage of the case, the Washington Post wrote this editorial of the Gates case, and also caught up with him a few weeks after his exoneration to see how he was settling to his new life.