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Correcting and Preventing Wrongful Convictions in D.C., Maryland and Virginia.

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DNA Evidence May Exonerate Man Convicted of 1984 Rape

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

MAIP To Represent Haynesworth  Twenty-five years ago the Richmond area was shaken by a series of robberies and rapes.  On the strength of eye witness identification, Thomas Haynesworth was sentenced to seventy-four years in prison.  Though Haynesworth never stopped maintaining his innocence, he was unable to prove that he had been wrongfully convicted.  Now, after having spent more than two decades in prison, DNA evidence may exonerate him.  In 2005 Commonwealth Governor Mark Warner launched a project that would re-examine DNA evidence from convictions that occurred between  1973 and 1988.  A semen sample from Haynesworth case was among the evidence…

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DNA Evidence Clears Victor “Bo” Burnette of ’79 Rape

Posted on Friday, March 6th, 2009 by Christian Van Buskirk

DNA evidence has cleared Victor "Bo" Burnette of a 1979 rape.  Bo, who spent 8 years in prison, was released in 2006 but chose not to go public with his story until now. Burnette intended to announce his exoneration after receiving a pardon from Commonwealth Governor Tim Kaine, but the governor's inaction forced him to come forward sooner.  The governor's office declined to comment on the status of his application for a pardon, which was filed two years ago. "There are lot of people around I haven't seen in years, and they're probably thinking, 'Hey this guy was guilty.' They didn't…

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Supreme Court Hears Arguments in Osborne Case

Posted on Tuesday, March 3rd, 2009 by Christian Van Buskirk

On March 2, the Supreme Court heard oral arguments in the matter of District Attorney's Office v. William G. Osborne.  Peter Neufeld, co-founder of the Innocence Project at the Cardozo School of Law, argued on behalf of Mr. Osborne.  The case raises questions over the existence of a constitutional right to post-conviction DNA testing. In 1994 an Alaska state court found Osborne guilty of kidnapping and sexual assault.  Osborne subsequently sought access to evidence for DNA testing, but was denied by the District Attorney's Office.  The D.A.O.'s decision was reached despite their admission that testing could exonerate him and that the testing would come…

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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.

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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,…

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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…

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Exonerated Often Face Stigma of Convicted Criminal

Posted on Friday, January 30th, 2009 by Christian Van Buskirk

USA Today published an article that exposes the harsh reality that many exonerees are faced with after their release. While there criminal records may have been wiped clean, they still carry the stigma of a convicted criminal. It is not uncommon for exonorees to exhibit symptoms similar to post-traumatic stress disorder. Others fall victim to depression or drug and alcohol addiction as they struggle to re-enter society. The problem is further compounded by the lack of assistance that is available to these men and women. Only twenty-five states allow exonorees to seek financial compensation upon release. Furthermore, though states have…

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26 Retired Agents Voice Their Support for the Norfolk 4

Posted on Wednesday, November 12th, 2008 by Christian Van Buskirk

Twenty six former Federal Agents have joined the ranks of those calling for the immediate release of the Norfolk Four. The announcement comes just months after 4 former Virginia attorneys general voiced their support for the sailors’ clemency. Joseph Dick, Derek Tice, Danial William and Eric Wilson were charged in 1997 with the rape and murder of a Norfolk woman. Each of the men provided the police with conflicting confessions. None of the confessions matched the physical evidence, and all four men later recanted. A fifth man, Omar Ballard, confessed to committing the crime alone and was the only match…

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Lawmakers and Maryland Governor Agree on DNA Collection Law

Posted on Monday, November 10th, 2008 by Christian Van Buskirk

Maryland lawmakers and Governor O'Malley's adminstration have come to an agreement on the wording of a DNA collection law. The original language, supported by Governor O'Malley, allowed police to take DNA samples from people arrested for violent crimes or burgalary.  Members of Maryland's legislature disagreed with the regulation, and contended that DNA should only be collected from those who had been formally charged with a crime.  The two sides were able to reconcile their differences during a legislative session.

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Judge Orders Police to Search for Evidence or Face Fine

Posted on Monday, October 27th, 2008 by Christian Van Buskirk

The Baltimore Sun published an article concerning a Baltimore judge who has ordered the city police to search for DNA evidence from a 1975 rape case or face a fine. In January, Circuit Judge Wanda K. Heard ordered the Baltimore police department to search storage facilities for any DNA evidence remaining from John Williams Simms' 1977 trial. Judge Heard gave the prosecutor and police 90 days to submit a written report detailing their efforts. To date, no report has been filed.

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