Seven months after he was cleared of one of the three rapes he was convicted of, MAIP client Thomas Haynesworth now has the opportunity to prove yet again that he is innocent of a rape he was acquitted of nearly three decades ago.

A Richmond Circuit Court judge ordered the testing of DNA evidence found in the 1984 case, which remains unsolved.  Haynesworth was arrested in connection with a series of five rapes that occurred in Richmond during that time and was ultimately convicted of three and sentenced to 74-years in prison.  Haynesworth has always maintained his innocence in all five crimes, and suggested that notorious local serial rapist Leon Davis actually committed them. (more…)

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

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…)

Thanks to the work of attorneys at the Florida Innocence Project, James Bain was exonerated Thursday after serving 35 years behind bars for a rape that he did not commit.

Not only did Bain become the 248th person exonerated thanks to DNA testing, but he also spent more time in prison than any of the other DNA exonerees.  It took Bain eight years to have his DNA tested by the state.  As soon as the results were fully analyzed, Polk County prosecutors and the judge agreed that the conviction should be vacated.
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A day after DNA evidence led to Donald Gates being released from prison, MAIP Exeuctive Director Shawn Armbrust spoke to Fox 5 News in Washington D.C. about the case, the factors that led to Gates' wrongful conviction and the work that MAIP does.

Click here to watch the video.

Nearly three decades after he was convicted of brutal rape and murder that he did not commit, Donald Gates was freed Tuesday by a D.C. 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.  

Judge Fred Ugast’s ruling frees Gates, but it does not exonerate him.  Prosecutors requested additional testing to verify the results, and a separate hearing next week to make a final determination.
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Aaron Michael Howard, who was released from prison in 2008 after serving 18 years in prison for a murder he did not commit, joined community members at a church in Southeast Washington D.C. for the Mid-Atlantic Innocence Project’s first ever legal clinic last week.  

Residents of the Southeast and Southwestern quadrants of the District of Columbia, as well as Prince George’s County, Maryland, attended the clinic at Matthews Memorial Baptist Church. Those in attendance learned more about MAIP’s work to correct wrongful convictions and had the opportunity to tell MAIP staff members and law students from the Innocence Project at Catholic University of America about their loved ones’ cases.

After the intake, Howard spoke to the crowd. He discussed his conviction, his time in prison, the work that his legal team did to prove his innocence, and his time since his release.  He then fielded questions from those in attendance.

The clinic was part of MAIP’s efforts to expand awareness of its work in the District of Columbia.  Because people convicted in Washington DC are sent around the country to facilities managed by the Federal Bureau of Prisons, it is more difficult for them to learn about and reach MAIP to investigate their wrongful convictions claims.

In the months leading up to the clinic, MAIP Board Member Gina Harps and Program Assistant Daniel Satin attended meetings of various Ward 7 and Ward 8 civic associations and meetings over the Advisory Neighborhood Council.  Harps and Satin plan on continuing their outreach and hope to have its next clinic in March.    

Click here to see more pictures of the event on MAIP’s Facebook page.

Thanks to the work of a legal team led by MAIP Board Member Barry Pollack, a New York man who spent seventeen years behind bars for a murder he did not commit was exonerated last week.

Despite the lack of any forensic evidence, Fernando Bermudez was convicted of the 1991 shooting of then sixteen-year-old Raymond Blount outside a New York City nightclub.  Blount was shot on the street shortly after punching another teenager, Efraim Lopez, in the Marc Ballroom near Manhattan’s Union Square.  Lopez testified at trial as a cooperating witness, implicating Bermudez as the shooter.

In the years after Bermudez was convicted, all five eyewitnesses against him, Lopez and four eyewitnesses who had testified at trial identifying Bermudez as the shooter, recanted their testimony.  Three of those witnesses reiterated that their trial testimony was inaccurate in a hearing this September.  Other eyewitnesses at that hearing also testified that Bermudez was not the person who shot Mr. Blount.  At the hearing, significant evidence was also presented implicating another individual, a drug dealer who was a friend of Lopez, as the murderer.
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MAIP Client David Wayne Boyce is serving two life sentences for the 1990 murder of his roommate, Timothy Kurt Askew, 35, at the Econo Lodge motel in Newport News, Virginia.  Police and prosecutors claimed that Mr. Boyce, a young man with no criminal history, stabbed Mr. Askew repeatedly, killing him and then robbing him.  There was no physical evidence or eyewitness testimony that linked Mr. Boyce to this crime.  Mr. Boyce has maintained his innocence since his initial arrest.

Mr. Boyce was convicted largely based on the testimony of a jailhouse informant Herman Preston Elkins, a self-confessed mentally ill repeat offender.  In 2004, Mr. Elkins called Mr. Boyce’s counsel and recanted his trial testimony against Mr. Boyce.  He claimed he was coerced by the Newport News Police prior to Mr. Boyce’s trial.  Also in 2004, DNA evidence positively excluded Mr. Boyce from the physical evidence found at the crime scene.

MAIP attorneys and investigators have been working on Mr. Boyce’s case with lawyers from Howrey LLP and Hunton & Williams LLP since 2005, when they filed a petition for writ of habeas corpus in response to Mr. Elkins’ unsolicited phone call.  The petition has not yet been decided but is expected to move forward with the recent appointment of a new judge – Norfolk Circuit Court Judge John R. Doyle III.

In addition to asserting his innocence, Mr. Boyce’s team contends that the police and prosecutors violated the Constitution by withholding potentially crucial evidence from his counsel prior to trial, including: 1) Mr. Elkins’ history of mental illness and long-standing relationship with the police department, 2) a memo showing that another person had confessed to the crime, 3) reports that exclude Mr. Boyce’s fingerprints from those found at the crime scene, and 4) a photograph of Mr. Boyce taken the day of the murder that contradicts an alleged identification of the murderer.

Mr. Boyce’s team believes that this withheld evidence would have changed the outcome of Mr. Boyce’s trial.  Mr. Boyce’s attorneys are hopeful that the judge will find that the prosecution had a duty to turn over this evidence prior to trial, grant the petition for habeas corpus and order a new trial for Mr. Boyce after 19 years in prison.          

Click here to read a story in the Newport News Daily Press about the Boyce case.   

Click here to learn more about how "snitch" testimony can lead to wrongful convictions.