Wrongful Convictions and DNA Evidence
http://thedianerehmshow.org/shows/2011-01-06/wrongful-convictions-and-dna-evidence
A Texas judge this week declared Cornelius Dupree an innocent man, clearing him thirty years after he was wrongfully accused of rape and robbery. More than two-hundred-sixty Americans have been exonerated by DNA evidence since nineteen-eight-nine. Many, like Cornelius Dupree, were victims of eyewitness misidentification. In other cases, improper forensic science, false confessions, or unreliable snitches played a role. The criminal justice community is trying new ways to avoid false imprisonment– from independent investigations to post-conviction case reviews. Using DNA to overturn wrongful convictions.
Guests
Shawn Armbrust
Executive Director of The Mid-Atlantic Innocence Project
William Thompson
Professor of Criminology, Law, and Society Psychology& Social Behavior at the School of Ecology at the University of California, Irvine
John Bradley
District Attorney, Williamson County, Texas
Ken Cuccinelli
Attorney General of the Commonwealth of Virginia
Craig Watkins
District Attorney of Dallas County, Texas
Comments
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After hearing about the number of exonerations in Dallas, where biological evidence is kept for long periods, it seems the lesson should be that the proportion exonerated represents a level of error that likely applies to ALL convictions. Therefore, all convictions should be reviewed with this level of error in mind to free those who can't benefit from the luck of DNA exoneration but are nevertheless wrongly convicted.
Our loss of productive valuable people and the cost of incarceration and execution should be reason enough to pay the cost of reinvestigtion, aside from the horror of this error rate.
Many people don't realize that Virginia has one of the strictest rules for regarding entering new evidence once a conviction has been made. For instance there has been a 3 week rule where no new evidence can be admitted after conviction.
That has been changed somewhat to account for advances in DNA testing but I believe it is still one of the most restrictive states. There was a famous case a few years ago where the state refused to do a DNA test on a man on death row. The man was put to death before a DNA test was done. The test did not prove to be exculpatory but the intransigence of the VA justice system certainly was highlighted.
Denise M.
Sterling, VA
Careerism among unethical prosecutors is a huge factor in wrongful convictions. I was victim of this grotesque abuse of power. We vest far too much trust in the ability of imperfect men and women to pursue just aims. We appoint and elect men and women to be prosecutors and judges hoping that the better angels of their nature will prevail. But that appointment or election does not erase, alleviate, or reform their prejudices or desire to be right even when they’re wrong. This abuse of power will not change until police, prosecutors and judges are punished for their crimes, and these are crimes. To imprison… to rob… to deny someone of their liberty… to destroy someone’s life without cause is a sin beyond sins. Thank you for bringing attention to this issue.
Requiring dna evidence to be preserved is one thing; often it degrades no matter how well the agency attempts to preserve it.
A point I would like to see addressed: Indiana recently tested all current inmates - and got a huge number of hits for unsolved crimes. This is the other side of the coin, in using dna evidence.
As someone who has experience working with DNA material in a research context I have been skeptical of the ability of local government or municipal labs to process these samples. The Houston lab hardens my skepticism (lack of controls... that's pretty incredible considering these lab procedures have such tangible impact on people's lives).
Are there any moves on the part of the Federal government to establish a centralized lab for all departments to use? What about privatizing these types of procedures? Frankly it's just hard to see accurate and clean procedures being run by people close to the local police departments.
I have been following the case of Troy Davis, on death row in Georgia. 7 of his nine eyewitnesses have recanted or contradicted their original testimony. One of the nine is the primary suspect according to some, including people claiming he bragged about murdering a police officer. In addition to the reasonable doubt that exists around his case, there appears to be much coruption within the political and law enforcement community. DNA evidence will reduce the amount of coruption within these communities. In the meantime, I will watch closely and hope our country does not murder Troy Davis.
The Texas arson case that was referred to by two guests on your show resulted in the unjustified execution of Cameron Todd Willingham. Willingham never confessed, as one of your guests wrongly asserted, even though he was offered commutation of the death penalty to life in prison in exchange for a confession of guilt. Texas prosecutors still have a convict first and ask questions later mentality.
What's the big deal? Why not just do the DNA test for all persons who request it and eliminate the very substantial cost to fight the test.
I would suspect that it is costing more money fighting the test then just doing it for each case.
David
Baltimore
What's the big deal? Why not just do the DNA test for all persons who request it and eliminate the very substantial cost to fight the test.
I would suspect that it is costing more money fighting the test then just doing it for each case.
David
Baltimore
One thing that hasn't been discussed is the effect on the victims and even the police officers that handle the cases. I'm often suspect of police procedure, but I believe at their core they want to get the right person. After all, "framing" an innocent man means that a guilty man is still on the streets.
I saw a piece on 60 Minutes a couple of years ago about Ronald Cotton who was convicted of rape back in the 80s. The strongest evidence was the victim's identification. She was so certain that he was the one that when DNA evidence exonerated him she was devastated. Ultimately she asked his forgiveness and the two have since become good friends. The officer who arrested him was also torn up by the fact that he had failed to get the criminal.
http://www.innocenceproject.org/news/Blog-Search.php?check=true&tags=72
David
Hinckley OH
This is such a compelling and heartbreaking issue. I am white and have many black and international friends and I hear from them that issues of race/prejudice are still very much alive. Profiling still occurs daily by police and society at large. I am so glad we have organizations like "The Innocence Project" that fight these wrongful convictions. My wish going forward: we could eradicate racism/prejudice that causes this abhorrent and illegal behavior going forward. Naive, I know, but my wish: World Peace! Love thy neighbor as thyself and family!
I am currently a student at the University of California, Irvine majoring in Criminology, Law and Society.
Taking a class in Miscarriages of Justice we have learned that it is better to release 10 guilty then to convict an innocent.
Having said that, it is my firm belief that after conviction, the burden of proof is made extremely hard for a convict to prove or introduce new forms of evidence.
Our entire system is supposed to be based on justice and fairness, but unfortunately, putting just one innocent to death it one too many. It is naive for us to believe that with all of the evidence presented, not one innocent person has been put to death.
It is also my opinion that putting more resources to such an important topic can make a difference. And unfortunately, politics plays too big a role in protecting an innocent person's life.
I am reminded of a couple of cases about false or questionable imprisonment: the Randall Adams case which was showcased in the film by Errol Morris film, The Thin Blue Line, the recent airing of the show Frontline called Death By Fire, wherein Todd Willingham was put to death for the death of his three children. What made me even more angry about the case is that Gov. Rick Perry could have stayed the execution, but allowed it to resume. And third, the case about the West Memphis Three, accused of killing three young boys and are still incarcerated.
I agree with your commentator, DNA is just the tip of the ice burg. Having been involved in the excruciating death penalty process personally as a character witness for a convicted criminal, it is hard for me to hear about a "better" capital punishment process. I agree that it is very important that all sides of the judicial system be examined and fixed - believe me, from first hand observation in the VA system, it needs it in a serious way. But, all the fixing in the world will not ever justify the fact that we still have a death penalty system in this country. It is draconian, cruel, and at the center of a rotting underbelly of the moral framework of this country. Besides, if even one innocent person is put to death, is that not enough to halt the entire mess?
As someone with multiple schlorsis, I know how small minds are quick to judge. I understand busy people and otherwise occupied. . But mainly it is a prejudge situation. So the position of the last speaker, is just like people across the Lafayette River here in Norfolk, who judge your limp, your sun glasses, your velcro, and when I am dropping things and getting fumbly, why, "I must be up to no good." So I always travel the military routes, stay away from downtown, and stay where I can ask for help and people jump. Same applies to innocense of guilt and the attitude of the last guest. He can get a job here anytime.Don't come to this town without your entourage. You will be guilty of something. And A Parking Ticket to you, too.
It is unfortunate that we still have people like John Bradely in public offices in charge of the lives of thousands of people. He is obviously the arrogant, racist, and paternalistic old-fashioned type that clings to old ideas and the status quo in the face of new evidence showing the errors of their ideas. How can he say that only about 300 people have been exonerated over years of prosecutions and use that as evidence that the system works? Those were the very few, fortunate people that had the right evidence, the right support and the right system (the Watkin’s DA office) willing to take a look at their case. There are probably thousands more who will die or spend their lives in prison for things they did not do. At the very least, give every one a chance to prove their innocense. Given the backdrop of racism, all-white juries and white prosecutors arguing cases against blacks especially in Texas, we owe it to EVERY inmate to at least take a look.
I was so disgusted listening that I was shaking. I am also dissapointed that Diane Rehm chose to give him the last word…there are times when someone is so off base, they don’t deserve equal air time, really.
I found John Bradley to be very off-putting. He was rude and personally attacked the other attorney in a snide and nasty way. I found it hard to get past this to listen to the points he was making. Hey, I had never heard of either one of these guys, and Bradley's constant harping on the idea that the other man was seeking publicity seemed obviously politically motivated....this was the broken record he had been trained to play.
I am sorry Diane gave Mr. Bradley so much of the "floor." He is everything the Diane Rehm show tries NOT to be. I value the DR SHOW because it is always so civilized. To me, Mr. Bradley was really repulsive, negative and someone I would never want to have anything to do with. He is the kind of person who makes the world a worse place. Ugh.
DNA evidence is not infallible. I know it's discussed, much like the theory of man made global warming, as if it is an indisputable fact. Does anybody find it ironic that it is Barry Scheck who heads the foundation to use it to spring the 'innocent'? It was Barry Scheck who famously taught us and the jury the fallibility of DNA testing. And in that case he was arguing about the tests producing a false-positive result. There's reasonably only one way to produce a false-positive and that is by criminally planting evidence. The chances of a false-positive otherwise are astronically greater than fingerprints matching. There are many many ways that a false negative could be produced. The evidence could have been mishandled. Crooks could, over the years, bribe the police evidence dept. members, there may have been insufficient DNA, etc.. Therefore, logically, the probability of a false-negative has to be many orders of magnitude greater than a false-positive which Mr. Scheck argued so effectively to cast doubt upon a DNA test result. DNA testing is an important tool but should never be thought of mindlessly as a definitive answer by itself.
I, too, was appalled by the ad hominem attack by Mr Bradley on Mr. Watkins. It was completely inappropriate to the discussion and debate. I think Diane ought to have recognized this lowering of the discussion and put a stop to it. Just imho.
It is wretchedly wrong to take away lives on wrongful identifications, or an unwillingness to use (pay for) DNA tests to certify past convictions. In my opinion, every prisoner for which there is a crime scene sample is due a DNA test as a matter of simple justice. Every confession should be video taped. I met a fellow 20 years ago who was investigating a case for the Centurion Project. A woman, in Missouri, was wrongly sent to jail for murder (accessory). She was freed after 15 years. The victim was white, the wrongly imprisoned black. It is a story that, unfortunately, gets retold every day.
Dianne, I listen to your program every morning. I was appalled to listen to how you allowed the District Attorney from Williamson County to berate the Dallas DA. I could hear in his voice the hatred of the Dallas DA. The reason for the "beyond reasonable doubt" standard of our justice system is to prevent the convictions of innocent people. The fact that the Williamson County tried to justify his position based on statistics was riduclous.
The big sadness is that 20+ of these exhonorations have happened in Dallas County. One mentioned the case of the Thin Blue Line, but there was a case involving Joyce Ann Brown, who could prove her innocence in Dallas County, she languished in prison form many years because the DA did not provide this information to the defense.
DNA has helped some people, but the cases where there is no biological evidence, how many of those with convictions of innocent people.
Dallas County, until now, was extremely shameful in the way that it handled the criminal justice process, especially if you were black or hispanic.
Dear Ms. Rehm,
I have listened to NPR for many years. I very much value your show and most everything else on NPR, primarily for the civil and fair discussion of issues.
Today’s show on wrongful convictions was a disappointing departure from those values.
You allowed Mr. Watkins to be interrupted and personally attacked and insulted by Mr. Bradley.
It was reminiscent of Fox “news”.
I know that personal attacks are the sign that the attacker does not have a strong case in facts.
Why did you not hold Mr. Bradley to the facts?
When police, prosecutors, and judges use shortcuts like coercing a confession, withholding, losing, or mishandling/destroying DNA evidence, or simply refusing to allow a new trial despite evidence of innocence, we are all endangered. Furthermore, the confidence the general public has in the nation's judicial system is badly eroded.
Many of those wrongly convicted, sometimes wrongly executed people has a family and friends who now think less of America. Multiply that by...many hundreds if not thousands, for many years.
America simply can't afford substandard justice.
A childhood friend of mine was witness to a fatal shooting while boarding at a home in California. It was the landlord's estranged husband who killed the woman, however police arrested my friend who was the only witness and after 24 hours intense interrogation actually began to convince him that he was in some way guilty. He could have been convicted, maybe worse, had troopers not caught the actual gunman heading to Canada the next day.
My friend was a law student at the time and when he graduated he specifically sought a job with the L.A. District Attorney's office. When asked why on earth he would want to be with the D.A. after his experience, he replied, "Exactly for that reason."
He believes the interrogation methods are deeply flawed and need solid D.A. work.
When hearing about wrongful convictions, I am always amazed at the inability of those involved including witnesses, police, prosecutors and even supreme court judges to have any empathy for those whose guilt is in question. Our society and justice system seems incable of imagining "what if it were me, or someone I know and/or love".
And it is embarrassing for anyone involved in the justice system to deny that wrongful convictions have happened and continue to happen.
John Bradley's belittling attitude toward (and conscending comments to) Craig Watkins were upsetting. They were upsetting because I thought people who reason the way John Bradley does only existed in the shadows, but now I am wondering how many more like him are out there. I believe it's best to expose people such as him (as I believe Diane allowed), but it certainly would have been in Mr. Bradley's best interests to keep his opinions to himself than to expose his vast ignorance of the human condition and his bigotry.
Beautifully stated. Diane, I, too was perplexed at the way you allowed Mr. Bradley to attack Mr. Watkins. It seemed out of the norm for you and the standard of your normal interviews. The other two guests on the show just disappeared, and you seemed to be enjoying the showdown between these two attorneys. It was so upsetting to listen to Mr. Bradley. He is the kind of man that makes me shudder. I hope you read these comments and take them to heart. I fear you allowed the voice of hate to dominate your show today.
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