Protesters Storm Anaheim California Police Headquarters After Officers Shot And Killed Unarmed Man

July 23, 2012

ANAHEIM, CALIFORNIA — Demonstrators stormed a police department in Orange County, Calif., on Sunday to protest an officer-involved shooting that left an unarmed man dead and led to a violent clash between witnesses and police.

A crowd swarmed the Anaheim Police headquarters’ lobby Sunday as Chief John Welter held a news conference to discuss what happened the night before. The protesters chanted “no justice, no peace” and “cops, pigs, murderers” as officers stood by and watched.

Welter said two officers were placed on paid leave after one of them fatally shot 24-year-old Manuel Diaz.

He said the officers approached three men in an alleyway when they ran away. One of the officers chased Diaz to the front of an apartment complex where the shooting occurred.

Welter would not say what led the officer to shoot Diaz, citing an independent investigation by the county’s district attorney office. Police said Diaz was a known gang member.

Mayor Tom Tait said he will ask the state attorney general to assist in the probe.

“Transparency is essential. Whatever the truth is, we will own it,” Tait said.

The shooting sparked a melee in the neighborhood as some threw rocks and bottles at officers who were securing the scene for investigators to collect evidence. Sgt. Bob Dunn, the department’s spokesman, said that as officers detained an instigator, the crowd advanced on officers so they fired bean bags and pepper balls at them.

Video captured by a KCAL-TV crew showed a chaotic scene as some people ducked to the ground and others scattered screaming. A man is seen yelling at an officer even as a weapon is pointed at him; two adults huddled to shield a boy and girl. Meanwhile, a police dog charged at several people sitting on the grass, including a woman and a child in a stroller, before biting a man in the arm.

Dunn said the dog accidentally got out of a patrol car. He said he didn’t know whether police warned the crowd to disperse before firing the rubber bullets and pepper balls.

Throughout the night, police in multiple marked and unmarked squad cars attempted to control an unruly crowd gathered near the shooting scene, the Orange County Register reported.

Some in the crowd moved a Dumpster into an intersection and set its trash on fire on at least three separate occasions, while officers kept responding to move it out of the way of traffic.

Dunn said five people, two of them juveniles, were arrested during the unrest. He said gang detectives are involved in the investigation.

Crystal Ventura, a 17-year-old who witnessed the shooting, told the Register that the man had his back to the officer. Ventura said the man was shot in the buttocks area. The man then went down on his knees, she said, adding that he was struck by another bullet in the head. Ventura said another officer handcuffed the man, who by then was on the ground and not moving.

“They searched his pockets, and there was a hole in his head, and I saw blood on his face,” Ventura told the newspaper.

Dunn said he could not comment on these allegations because the shooting is under investigation.

The other two men who ran away have not been captured, but police impounded their vehicle which was abandoned at the scene, Dunn said.

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Video Shows Owasso Police Officer Lt. Mike Denton’s Brutal And Violent Attack On Handcuffed Man – Douchebag Was Fired And Then Reinstated By Arbitrator

July 11, 2012

OWASSO, OKLAHOMA – KRMG News has obtained the lapel-camera video shot in June last year when Owasso Police Lieutenant Mike Denton gave 3 elbows to the face of a man being arrested for public intoxication.

The City of Owasso fired Lt. Denton in November 2011, citing ‘excessive force’ during the arrest of Bryan Scott Spradlin of Collinsville. Spradlin later pleaded guilty to the public intoxication charge.

KRMG News filed a Freedom of Information Act request for the video from the Owasso Police Department in November 2011. That video was finally released Monday.

In a grievance hearing in March, an arbitrator reduced Denton’s firing to a written reprimand and reinstated the officer to the Owasso Police Department.

On June 30, 2011, Bryan Spradlin was arrested at an apartment complex in Owasso for public intoxication.

Officers went to the apartment on a disturbance call.

The arrest was videotaped from a camera on the officer’s lapel.

The clip shows Spradlin refusing to stand up while in handcuffs.

Lt. Mike Denton then drags him into jail.

You can hear Lt. Denton say, “Are you ready to walk? Can you get up and walk? You want to act like a big boy?”

Next, you can see Lt. Denton throwing three elbows into the suspect’s face.

The officer was fired for using excessive force.

Chief Dan Yancey spoke to KRMG in November.

Yancey said he was concerned about excessive force after viewing the video.

He said, “There’s a definite line, drawn in the sand if you will, as to what officers have the right to do, and if you cross that line intentionally, I think there should be severe consequences.”

In March, an arbitrator rehired Lt. Denton and gave him a written warning.

KRMG News made a Freedom of Information request for the video.

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Savage Black Beasts Ordered Pizza And Killed White Domino’s Delivery Woman – Stabbed 50 Times On Doorstep

June 10, 2012

CEDARTOWN, GEORGIA - Update:The two suspects in the homicide of a pizza delivery person are in the Polk County Jail on murder charges while investigators continue to look for a motive, according to officials.

Cadedra Cook, 18, of 229 Thompson St., Cedartown, and a 15-year-old male juvenile were apprehended around noon on a field on the property of the Old Hale Manufacturing Building on Lafayette Street, according to officials.

“We had been one step behind them most of the night,” Cedartown Police Department Assistant Police Chief Jamie Newsome said. “We were finally able to catch up to them.”

The two are charged in the brutal stabbing and bludgeoning death of Elizabeth Hutcheson, 27, of Cedartown, while she was making a delivery for Domino’s Pizza to the home.

Newsome said he is pleased the two suspects were caught within a day after the homicide. He credits good teamwork with all law enforcement agencies for quickly finding them.

“It was just cooperative police work,” he said. “Without the help of the GBI and the U.S. Marshall’s to a small department like ours, it would have been hard on us,” he said.

The CPD also had assistance from the Polk County Police Department and the Polk County Sheriff’s Office

Polk County Sheriff Kelly McLendon said 12 of his people were involved in the search and at least seven from the U.S. Marshall’s Service were on the scene also.

“We were asked to assist. We came. We helped out,” McLendon said.

Newsome said the investigation into the slaying is still open.

Police confirmed a telephone pizza order was placed at Domino’s shortly before 9 p.m. Thursday. Hutcheson was the delivery person sent.

Newsome said the suspects fled on foot.

Police officers found Hutcheson around 9:15 p.m. bleeding in the doorframe of Cook’s residence while on a routine traffic stop. She had been stabbed multiple times and was pronounced dead at Polk Medical Center, according to officials.

Newsome said each suspect is currently charged with one murder charge. However, he said that could change as the investigation is completed.

“There will probably be more charges,” Newsome said.

The motive is still a mystery.

Newsome said money was taken from Hutcheson in the incident, but the amount was so little that he couldn’t see that as being the sole motive.

“When I saw everything, it didn’t add up to me,” he said.

However, Newsome said the investigation hasn’t confirmed his “gut feeling,” so he wasn’t going to speculate. He said it couldn’t be determined at this point whether the killing was premeditated.

Newsome said nothing has been able to confirm or deny that Hutcheson knew Cook or the juvenile.

He also said he can’t confirm the juvenile was the same boy involved in Cook’s arrest in March.

She was charged with interference with child custody and contributing to the delinquency of a minor in that incident, according to jail records.

Cook hasn’t gone to court on those charges, records indicate.

Newsome said Cook had not appeared to be violent in previous police interactions.

“This would be out of the ordinary for her,” he said.

Newsome said he personally told Hutcheson’s mother, who lives in Cedartown, the news of the suspects’ capture.

“She was very emotional and very appreciative of the efforts,” he said. “We had a very emotional visit with her.”

The rest of Hutcheson’s family is also from Cedartown, he said. That includes a boyfriend and a four-year-old girl.

Hutcheson was a 2003 graduate of Cedartown High School and a 2011 graduate of Georgia Northwestern Technical College in Rome, according to her Facebook page.

Newsome is meeting for a debriefing with law enforcement this afternoon to decide how to proceed with the investigation.

He has also been talking throughout the night and morning with Polk County District Attorney Bobby Brooks,

Brooks, who came to the Polk County Sheriff’s Office after being informed the suspects had been apprehended, said he hasn’t decided whether to try the juvenile as an adult.

That decision will be made later after the investigation in completed, he said.

Update:Ken McIntyre, vice president of communication for Domino’s Pizza said during an interview that the corporation was informed of the stabbing last night.

“We were horrified. An innocent person losing her life is just beyond words,” McIntyre said. “Are prayers go with the family.”

McIntyre said Domino’s was grateful that the police were able to respond so quickly in the capture of the suspects.

When asked about the risk to employees delivering pizza McIntyre said Domino’s gives training programs to its employees and takes preventative measures in order to lessen the risk of violent encounters such as limiting the amount of money drivers carry.

“We have been delivering pizzas for 52 years, and there’s a lot we do, but what we can’t do is eliminate evil,” McIntyre said.

Update:The suspects were captured around noon Friday, according to Newsome.

The suspects were found near Thompson and Lafayette streets, according to police.

Previously reported:A pizza delivery worker was killed Thursday night while making a delivery at 229 Thompson Street, Cedartown, according to officials.

The two suspects remain at large, police said.

Elizabeth Hutcheson, 27, was found by police around 9:15 p.m. bleeding in the doorway of the Thompson Street home, according to Cedartown Assistant Police Chief Jamie Newsome. Hutcheson suffered multiple stab wounds and had been bludgeoned, he said.

She was pronounced dead at Polk Medical Center.

“It’s been 15 to 18 years since we’ve had a something this violent,” Newsome said.

Newsome said police believe the suspects, Cadedra L. Cook, 18, of the residence, and a 15-year-old juvenile ordered a pizza from Domino’s and they killed Hutcheson when she delivered it.

Murder warrants have been issued for both, but police have not yet found either.

Police do not have a motive and do not know if drugs were involved, he said.

“I feel rather confident we know what happened. We don’t know why,” Newsome said.

He said police discovered Hutcheson by chance just moments after the attack.

“Cedartown police was working a traffic stop in the 100 block of Thompson Street and officers heard frantic screaming,” he said. “They could tell it was something serious so they abandoned the traffic stop to go find it.”

Newsome said the Georgia Bureau of Investigation (GBI) has assisted the city in the case from the beginning and Cedartown is also receiving help from the Polk County Police Department and the Polk County Sheriff’s Office.

Neighbors to 229 Thompson St. said they are shocked at the brutal killing of a pizza deliver person Thursday night.

“I can’t sleep. I have to go to work, but I’ve been up all night,” one neighbor, who spoke on condition of anonymity said.

“It’s just a shock that it happened so close to home,” another neighbor, who also didn’t want to be identified, said.

One said she saw police lights when Cedartown officers made a traffic stop on the street, just 50 feet from where Elizabeth Hutcheson, 27, was killed.

“I came out on the porch. Police had a car pulled over and then I heard someone screaming for help,” she said.

“They walked up there and she was laying halfway in the house, half on the porch.”

No one said they saw the attack where Hutcheson was stabbed multiple times and bludgeoned to death.

Police are still looking for Cadedra Cook, 18, and a 15-year-old juvenile suspected in the attack.

No motive has been determined and police are not speculating on whether the brutal slaying was premeditated.

Polk County Jail reports indicate that Cook, who was living at 1019 Jones St., Cedartown, was arrested March 19 on charges of contributing to the delinquency of a minor and interference with custody.

It is unknown whether the minor in that case is the same one suspected in Thursday’s homicide.

She was released on bond March 20.

Cook’s Facebook page stated she was originally from Marietta and had ties to Aragon and had more than 200 virtual friends. It also lists her as a Rockmart High School graduate and married.

Domino’s Pizza was supposed to open at 11 a.m. on Friday, but remained closed, locked with opening lights off. Although four cars were parked on the lot, no one was in the building.

Calls made to the local franchise owner and to Domino’s corporate headquarters in Ann Arbor, Mich., have not yet been returned.

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Aurora Colorado Police Stop And Handcuff 40 Innocent Motorists

June 6, 2012

AURORA, COLORADO – If you can’t beat them… handcuff all of them? That may not be how the expression goes, but it was the theory put into practice by Aurora police, over the weekend during a search for suspected bank robbers.

According to ABC News, on Saturday police say they received a “reliable” tip that the suspect behind an armed robbery that had occurred earlier at a Wells Fargo bank was stopped at a red light at the intersection of E. Iliff Avenue and S. Buckley Road.

The only problem was this: the police didn’t have a description of the suspect, the vehicle or anything that would help them narrow down their search. So, rather than let their man get away, the cops barricaded the area, trapped about 25 cars and pulled each and every occupant out of their car at gunpoint and ultimately handcuffed 40 adults.

Sonya Romero, one of the handcuffed drivers, told 7News about the incident, “Cops came in from every direction and just threw their car in front of my car. We didn’t know if we were in the line of fire or what the hell was happening.”

The operation lasted around two hours and ended when police found two loaded firearms, the evidence they were looking for, in the final car that was searched and apprehended the bank robbery suspect. And although none of the 40 people handcuffed complained, the department has received about five complaints from people not involved in the operation.

Aurora police Chief Dan Oates defended the department’s unusual decision to handcuff all the adults at the scene to the Aurora Sentinel saying, “No question we inconvenienced citizens, and I feel badly about that.” But says he backs up the decision to proceed with the unusual method, “I can’t find fault with the decisions that were made.”

But, removing 40 people from their cars at gunpoint, handcuffing and detaining them? That seems extreme. Oates went on to state that although he was sorry for detaining innocent people, he felt the ends justified the means, “The law is clear that investigative detentions are lawful for a reasonable period of time. Reasonableness is determined by the facts and circumstances at issue, and the facts and circumstances were the suspect was in one of 19 cars,”

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Man Exonerated Of Bogus Rape Charge After 5 Years In Prison – Victim Lied About Kidnapping, Rape, Received $1.5 Million In Civil Suit, And Probably Won’t be Prosecuted For Lying

May 24, 2012

LONG BEACH, CALIFORNIA — A former high school football star whose dreams of a pro career were shattered by a rape conviction burst into tears Thursday as a judge threw out the charge that sent him to prison for more than five years.

Brian Banks, now 26, pleaded no contest 10 years ago on the advice of his lawyer after a childhood friend falsely accused him of attacking her on their high school campus.

In a strange turn of events, the woman, Wanetta Gibson, friended him on Facebook when he got out of prison.

During an initial meeting with him, she said she had lied; there had been no kidnap and no rape and she offered to help him clear his record, court records state.

But she refused to repeat the story to prosecutors because she feared she would have to return a $1.5 million payment from a civil suit brought by her mother against Long Beach schools.

During a second meeting that was secretly videotaped, she told Banks, “`I will go through with helping you, but it’s like at the same time all that money they gave us, I mean gave me, I don’t want to have to pay it back,’” according to Freddie Parish, a defense investigator who was at the meeting.

It was uncertain whether Gibson will have to return the money and unlikely she would be prosecuted for making the false accusation so long ago, when she was 15.

Gibson did not attend the hearing and she could not be reached for comment. Prosecutors and defense attorneys said they were unable to find her recently.

Banks, once a star middle linebacker at Long Beach Polytechnic High School, had attracted the interest of such college football powerhouses as the University of Southern California, Ohio State University and the University of Michigan, according to the website Rivals.com, which tracks the recruiting of high school football and basketball players.

Banks said he had verbally agreed to attend USC on a scholarship when he was arrested.

He still hopes to play professional football and has been working out regularly. His attorney Justin Brooks appealed to NFL teams to give him a chance.

“He has the speed and the strength. He certainly has the heart,” Brooks said. “I hope he gets the attention of people in the sports world.”

Gil Brandt, an NFL draft consultant, said Banks would be eligible to sign with any team that might show interest. However, his years away from the game will be hard to overcome.

“History tells us guys who come back after one or two years away when they go into the service find it awfully hard,” Brandt said. “And this has been much longer a time.”

Brandt compared the challenge to someone who has been out of high school for years trying to get an A in their first class in college.

Banks said outside court that he had lost all hope of proving his innocence until Gibson contacted him.

“It’s been a struggle. But I’m unbroken and I’m still here today,” the tall, muscular Banks said, tears flowing down his face.

He recalled being shocked and speechless on the day Gibson reached out to him after he had been released from prison, having served five years and two months.

“I thought maybe it wasn’t real,” he said. “How could she be contacting me?”

He said he knew that if he became angry when he met with her it wouldn’t help, so he struggled to keep calm.

“I stopped what I was doing and got down on my knees and prayed to God to help me play my cards right,” he said.

In court, Deputy District Attorney Brentford Ferreira told Superior Court Judge Mark C. Kim that prosecutors agreed the case should be thrown out. Kim dismissed it immediately.

Banks had tried to win release while he was in prison, but Brooks, a law professor and head of the California Innocence Project at California Western School of Law in San Diego, said he could not have been exonerated without the woman coming forward and recanting her story.

Brooks said it was the first case he had ever taken in which the defendant had already served his time and had been free for a number of years.

Banks remained on probation, however, and was still wearing his electronic monitoring bracelet at the hearing. His lawyer said the first thing the two planned to do was report to probation officials and have it removed.

“The charges are dismissed now,” Brooks said. “It’s as if it didn’t happen. … It was the shortest, greatest proceeding I’ve ever been part of.”

Banks had been arrested after Gibson said he met her in a school hallway and urged her to come into an elevator with him. The two had been friends since middle school and were in the habit of making out in a school stairwell, according to court papers.

There were contradictions in Gibson’s story, as she told some people the rape happened in the elevator and others that it happened in the stairwell.

A kidnapping enhancement was added to the case because of the allegation Banks had taken her to the stairwell. That enhancement also was thrown out Thursday.

Outside court, Banks donned a sweat shirt that read “Innocent,” as several friends and family members wept. His parents were jubilant, and Banks thanked them for standing by him.

“I know the trauma, the stress that I’ve been through, but I can’t imagine what it’s like to have your child torn from you,” he said. “I don’t know what I would have done without my parents.”

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Highest Court In Texas Orders State To Pay Just $2 Million To Man Inprisoned 26 Years On Bogus Conviction – Opens Door To Others Wrongfully Imprisoned To Receive Compensation

May 19, 2012

HOUSTON, TEXAS — The Texas Supreme Court has ordered the Lone Star State to pay more than $2 million to a former inmate who spent 26 years in prison for murder, a ruling that could set a precedent for compensating other prisoners whose convictions are overturned.

Billy Frederick Allen, now in his 60s, was convicted of two 1983 Dallas-area murders. Unlike other inmates freed after DNA evidence proved their innocence, Allen was freed in 2009 after a court found problems with witness testimony and his trial attorneys’ representation. Allen sued the state for compensation for wrongful imprisonment.

Allen’s attorney said the Supreme Court ruling may prove key to developing standards for when the state must compensate former prisoners.

“There are many cases where people are struggling and they don’t have DNA, but they now have hope,” Allen’s attorney, Kris Moore of McKinney, Texas, told the Los Angeles Times. “The implications of this for the Texas justice system are probably larger than people realize.”

He said the ruling may make it easier for inmates such as Richard Miles of Dallas – who served 14 years for crimes he didn’t commit, then spent two years awaiting a court ruling that finally came in February – to be compensated more quickly.

But he said it’s not clear what bearing Allen’s case may have on other ongoing high-profile exoneration battles. In one such case, Kerry Max Cook has written a book and attracted celebrity supporters in his fight to prove his innocence and receive compensation for serving 22 years on Texas’ death row for an East Texas murder he says he never committed.

Texas’ compensation law is the most generous in the U.S., according to officials at the New York-based Innocence Project. Freed inmates declared innocent by a judge, prosecutor or a governor’s pardon can collect $80,000 for every year of imprisonment, along with an annuity and medical and education benefits.

Dallas has become a lightning rod in the national debate over exonerations and capital punishment, with the most exonerations in Texas and the state’s first African-American district attorney who has championed the cause of exonerees.

But in Allen’s case, Texas Comptroller Susan Combs resisted paying, arguing that unlike other wrongfully convicted inmates, Allen did not have newly tested DNA or other evidence to prove his innocence.

On Friday, a spokesman for Combs’ office released a statement to the Times saying the state did not plan to appeal and was already processing Allen’s payment.

“Now that we have helpful guidance from the Supreme Court, we have immediately started the process of paying Billy Allen approximately $2 million for wrongful-imprisonment compensation,” spokesman R.J. DeSilva said in the statement. “The court’s decision will also help us pay any other exonerees with similar circumstances to Mr. Allen.”

DeSilva noted that Texas has already paid 80 exonerees $49.5 million in wrongful-imprisonment compensation.

The state Supreme Court ruled Allen had a legitimate claim, despite the fact that his innocence had not been established through DNA.

“While unlikely, it is conceivable that the state could compensate someone who is later found guilty of the crime,” the court said in the ruling. However, the court said, that should not be grounds for limiting compensation to some wrongfully convicted inmates and not others.

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Probe Finds That Texas Executed Wrong Man In 1989 – Looked Like Killer, Had Same First Name, And Was In The Wrong Place At The Wrong Time

May 15, 2012

CORPUS CHRISTI, TEXAS – He was the spitting image of the killer, had the same first name and was near the scene of the crime at the fateful hour: Carlos DeLuna paid the ultimate price and was executed in place of someone else in Texas in 1989, a report out Tuesday found.

Even “all the relatives of both Carloses mistook them,” and DeLuna was sentenced to death and executed based only on eyewitness accounts despite a range of signs he was not a guilty man, said law professor James Liebman.

Liebman and five of his students at Columbia School of Law spent almost five years poring over details of a case that he says is “emblematic” of legal system failure.

DeLuna, 27, was put to death after “a very incomplete investigation. No question that the investigation is a failure,” Liebman said.

The report’s authors found “numerous missteps, missed clues and missed opportunities that let authorities prosecute Carlos DeLuna for the crime of murder, despite evidence not only that he did not commit the crime but that another individual, Carlos Hernandez, did,” the 780-page investigation found.

The report, entitled “Los Tocayos Carlos: Anatomy of a Wrongful Execution,” traces the facts surrounding the February 1983 murder of Wanda Lopez, a single mother who was stabbed in the gas station where she worked in a quiet corner of the Texas coastal city of Corpus Christi.

“Everything went wrong in this case,” Liebman said.

That night Lopez called police for help twice to protect her from an individual with a switchblade.

“They could have saved her, they said ‘we made this arrest immediately’ to overcome the embarrassment,” Liebman said.

Forty minutes after the crime Carlos DeLuna was arrested not far from the gas station.

He was identified by only one eyewitness who saw a Hispanic male running from the gas station. But DeLuna had just shaved and was wearing a white dress shirt — unlike the killer, who an eyewitness said had a mustache and was wearing a grey flannel shirt.

Even though witnesses accounts were contradictory — the killer was seen fleeing towards the north, while DeLuna was caught in the east — DeLuna was arrested.

“I didn’t do it, but I know who did,” DeLuna said at the time, saying that he saw Carlos Hernandez entering the service station.

DeLuna said he ran from police because he was on parole and had been drinking.

Hernandez, known for using a blade in his attacks, was later jailed for murdering a woman with the same knife. But in the trial, the lead prosecutor told the jury that Hernandez was nothing but a “phantom” of DeLuna’s imagination.

DeLuna’s budget attorney even said that it was probable that Carlos Hernandez never existed.

However in 1986 a local newspaper published a photograph of Hernandez in an article on the DeLuna case, Liebman said.

Following hasty trial DeLuna was executed by lethal injection in 1989.

Up to the day he died in prison of cirrhosis of the liver, Hernandez repeatedly admitted to murdering Wanda Lopez, Liebman said.

“Unfortunately, the flaws in the system that wrongfully convicted and executed DeLuna — faulty eyewitness testimony, shoddy legal representation and prosecutorial misconduct — continue to send innocent men to their death today,” read a statement that accompanies the report.

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Dallas Texas Police Arrest And Jail Innocent Woman For Refilling Legal Prescription

May 6, 2012

DALLAS, TEXAS – Anne Lenhart never thought filling a prescription at CVS Pharmacy in Dallas could land her in jail.

The avid yoga practicer raised more $20,000 for Off the Mat, Into the World Global Seva Challenge. OTM is an organization that was founded by Seane Corn, Hali Kouri, and Suzanne Sterling as a way to take the ideas of yoga and translate them into action.

This year OTM was heading to Haiti for a service mission in which they bought and installed lights, worked at Haiti’s tent cities and various other projects.

On their off time, Lenhart and her group headed the Haitian city of Jacmel, a mountainous region with waterfalls and beautiful natural pools.

That’s where the trouble began. Lenhart had waded in the water beneath the waterfall, then climbed up some 30 feet onto a cliff overlooking the water.

“I decided I was ready to come down off the waterfall and it was then that I slipped and I hit an outcropping about 10 feet down and then from there fall another 20 feet into the water,” Lenhart said. The water saved her life but she shattered her kneecap on the way down.

With the help of several men, Lenhart climbed out of the area and after a 3 1/2 hour trip to the nearest hospital in Port-Au-Prince, she underwent reconstructive surgery with no general anesthesia.

A week later she was flown back to the U.S., still in deep pain, and admitted into Baylor Medical Center in Dallas.

“They gave me a pretty high, heavy duty narcotic, Norco, as a painkiller going forward and I had used that up. It had been a month and I had called for my refill,” Lenhart said.

The pharmacy called Lenhart to ask her exactly what time she would be in pick up her prescription. She thought it was odd, but told the pharmacy what time she would be there.

Still on crutches and unable to drive, a friend of Lenhart’s, drove her to a CVS Pharmacy in Oak Cliff.

She wasn’t able to pick up her prescription because a police officer arrived to pick her up.

“He was like ‘we need to go outside,’” she said. “I was on crutches and I had a permanent IV line in my arm. I had a big leg brace. I asked him if it was necessary and he said yes and he rather policingly escorted me out the front door and into the back of a waiting patrol car.”

Lenhart was so stunned, she didn’t think to ask the officer questions. The officer explained to her what was going on.

“He said, ‘Well we believe that you have forged your pain pill prescription and we are calling your doctor now. But I’ve worked with this pharmacist a number of times and he’s never made a mistake,” Lenhart said.

The officer then took her the Dallas County jail, where she remained overnight. After she was released on bond, she was charged with obtaining a controlled substance by fraud, a felony.

“I couldn’t go back to work until HR had received the paperwork that this was a mistake from my attorney,” she said.

Dallas police later dropped the charges after speaking with Lenhart’s doctor. The Dallas Police Department declined to talk to CBS11 about Lenhart’s arrest.

Now she is suing CVS Pharmacy for False Imprisonment, Defamation and more. Her attorney, Jeff Benton, said her arrest could have been prevented had proper procedures been followed.

“Every doctor that prescribes a narcotic had a DEA number that’s unique to them and if that is cross referenced and the correct doctor is contacted then I don’t imagine that this type of thing would happen,” Benton said. “We suspect the wrong doctor was contacted because they didn’t cross reference the DEA number.”

Everyday pharmacies fill millions of prescriptions for controlled substances. Those drugs are monitored by the DEA.

Lenhart’s doctor confirmed in an affidavit that he wrote the prescription for her and that he never received a call from CVS asking to confirm the prescription. Benton thinks the pharmacy may have called the wrong physician.

A representative from CVS Pharmacy said, “We are investigating how this unfortunate incident occurred and we are working to resolve the matter with Ms. Lenhart and her attorney. As this involves pending litigation, we are unable to provide additional comments at this time.”

“I would love to think that they would actually write me a letter that says ‘I am sorry that this happened to you,’” Lenhart said.

But even more than an apology, Lenhart wants to make sure that this never happens to another patient in pain.

“I don’t want somebody else. I don’t want somebody who I love to go there and get arrested,” she said.

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Innocent Man Abandoned In Holding Cell For 5 Days By DEA In Kearny Mesa California Without Water, Food, Or Toilet Had To Drink His Own Urine To Survive

May 2, 2012

WASHINGTON, DC – The Drug Enforcement Administration issued an apology Wednesday to a California student who was picked up during a drug raid and left in a holding cell for several days without food, water or access to a toilet.

DEA San Diego Acting Special Agent-In-Charge William R. Sherman said in a statement that he was troubled by the treatment of Daniel Chong and extended his “deepest apologies” to him.

The agency is investigating how its agents forgot about Chong.

Chong, 23, was never arrested, was not going to be charged with a crime and should have been released, said a law enforcement official who was briefed on the DEA case and spoke on the condition of anonymity.

Chong told U-T San Diego that he drank his own urine to survive and that he bit into his glasses to break them and tried to use a shard to scratch “Sorry Mom” into his arm.

The engineering student at University of California, San Diego, was swept up as one of nine suspects in an April 21 drug raid that netted 18,000 ecstasy pills, other drugs and weapons.

Chong said DEA agents told him he would be released. One agent even promised to drive him home from the DEA field office in Kearny Mesa, he said.

Instead, he was returned to a holding cell to await release. He also said the lights went off at one point and stayed off for several days.

Sherman says the event is not indicative of the high standards to which he holds his employees. He says he has personally ordered an extensive review of his office’s policies and procedures.

Chong said he could hear the muffled voices of agents outside his windowless cell and the sound of the door of the next cell being opened and closed. He kicked and screamed as loud as he could. His cries for help went unheard.

“I had to recycle my own urine,” he said. “I had to do what I had to do to survive.”

When he was found on April 25, he was taken to a hospital and treated for cramps, dehydration and a perforated lung — the result of ingesting some of the broken glass.

“When they opened the door, one of them said: ‘Here’s the water you’ve been asking for,’” Chong said. “But I was pretty out of it at the time.”

Chong also ingested a white powder DEA agents said was left in the cell accidentally and later identified as methamphetamine. He described having hallucinations, saying: “I was completely insane.”

Chong’s attorney, Eugene Iredale, said he plans to file a claim against the federal government and, if it is denied, he will proceed with filing a federal lawsuit.

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Federal “Lying” Statute A Catch-All That Even Insnares The Innocent

April 11, 2012

MONTEREY, CALIFORNIA – When federal prosecutors can’t muster enough evidence to bring charges against a person suspected of a crime, they can still use a controversial law to get a conviction anyway: They charge the person with lying.

The law against lying—known in legal circles simply as “1001″—makes it a crime to knowingly make a material false statement in matters of federal jurisdiction. Critics across the political spectrum argue that 1001, a widely used statute in the federal criminal code, is open to abuse. It is charged hundreds of times a year, according to court records and interviews with lawyers and legal scholars.

Thanks to a far-reaching federal statute, marine biologist and orca expert Nancy Black is facing a potential 20-year prison sentence for her work. Clare Major reports from Monterey, Calif.

Nancy Black, a marine biologist and operator of whale-watching boats, recently became ensnared by 1001. When one of her boat captains whistled at a humpback whale that approached the boat a few years ago, regulators investigated whether the incident constituted harassment of a whale, which is illegal.

This past January, Ms. Black was charged in the case—not with whale harassment, but with lying about the incident. She also faces a charge of illegally altering a video of the whale encounter, as well as unrelated allegations involving whale blubber. Together, the charges carry up to 20 years in prison.

She denies all wrongdoing, including lying. “I wasn’t charged with anything about the dealings with the humpback,” says Ms. Black, 49 years old. “So why would they charge me with lying about it? It makes no sense.”

The law against lying, officially Title 18, section 1001 of the United States Code, is “a bread-and-butter” statute for Justice Department prosecutors, says Thomas O’Brien, the former U.S. Attorney in Los Angeles. The law’s breadth makes it useful for nabbing wrongdoers, particularly in cases where suspected crimes are complex and tough to prove, he says.

For instance, supporters of 1001 say, the law can be useful in financial or accounting-fraud cases where catching a suspect in a lie that could carry a prison sentence can be a powerful tool for enlisting that person’s cooperation in unraveling the broader crime.

As the U.S. federal criminal code has grown increasingly large and complicated, critics from the left and right alike argue it is becoming too easy for Americans to unwittingly commit crimes.

Nobody argues that telling a falsehood to Uncle Sam is either wise or admirable, but some say 1001 is overly broad. “There is no statute out there that’s more pernicious,” says Stephen Saltzburg, a former senior Justice Department official and now a law professor at George Washington University.

He says the law is so vague that harmless misstatements can be turned into federal felonies. A person can be charged even if the lie didn’t really fool anyone, or if the person didn’t know the criminal consequences of fibbing, some critics point out.

By contrast, Mr. O’Brien says that in his experience local authorities rarely prosecute someone for lying, and when they do it is generally treated as a misdemeanor

While 1001 helps nab guilty parties, it can also be a trap “for innocent people to fall into,” said Rep. Louie Gohmert (R., Texas), in an interview. Rep. Gohmert, a critic of the federal justice system’s expansion, said he hopes to put new limits on the statute in a criminal-reform bill pending in the House.

Statute 1001′s precursor, the False Claims Act of 1863, had a relatively narrow focus: It was intended to punish contractors and suppliers who were defrauding the government during the Civil War.

Over the next 135 years, Congress significantly increased the reach of federal law regarding falsehoods. By 1998, courts around the country carved out an exception—known as the “exculpatory no”—aimed at blocking prosecution of a person who denied (falsely) being involved in wrongdoing. The exception was at least partly inspired by the Constitution’s protection against self-incrimination.

But in 1998, the Supreme Court threw out the exculpatory no, saying the law as written by Congress didn’t allow for an exception. While some false-statement prosecutions might seem “harsh,” Justice Antonin Scalia wrote, “courts may not create their own limitations on legislation, no matter how alluring the policy arguments for doing so.”

Justice Ruth Bader Ginsburg, in a separate opinion, worried about “the extraordinary authority Congress, perhaps unwittingly, has conferred on prosecutors to manufacture crimes” out of false statements.

In February, the Washington Legal Foundation, a pro-business group, asked the Supreme Court to take a new look at statute 1001 in the case of an Idaho farmer, Cory King, who was convicted federally of lying to a state livestock inspector about where a valve on the property sent some water. Mr. King allegedly said the valve routed the water to the sprinkler system when in fact it sent water to a well, where it was later used for irrigation. The state didn’t pursue criminal charges, opting for a fine.

At issue: Since Mr. King’s statement was made to a state official—someone with no connection to the federal government, the WLF says in a court filing—should the federal law against lying apply? Letting the conviction stand “would strip the statute of virtually all jurisdictional limitations,” the brief says.

A Justice Department spokesman declined to comment. Justice Department court filings argue that lying to the state inspector interfered with enforcement of federal drinking-water laws. The false statement “need not be made directly” to the federal government, said one Justice Department court filing.

In an interview, Mr. King maintained he didn’t give a false statement. He is finished with his probation.

Ms. Black, the marine biologist, says she has been caught for more than five years in “a nightmare” that began with the whistling incident involving her whale-watching boats.

An animal lover, she lives with two cats, three lizards, four parakeets and four dogs, including a 13-year-old retriever named Andy who is a constant companion. Ms. Black estimates Andy has “seen more killer whales than any dog on the planet.”

Since her childhood, she says, killer whales held a particular fascination. She obtained a master’s degree in marine sciences and has been researching killer whales in this seaside community since the mid-1980s.

Monterey Bay is on the annual migratory and feeding paths for blue, humpback and gray whales, making it “one of the best places in the world to watch whales,” she says. It is also a magnet for killer whales, which feed on the calves of gray whales accompanying their mothers from their birthplace off the coast of Mexico to feeding grounds off Alaska.

Ms. Black has co-authored scientific papers and helped catalog the identities of hundreds of killer whales based on their skin markings. “Nancy is the guru of killer whales in Monterey Bay,” says Ken Balcomb, executive director of the nonprofit Center for Whale Research in Friday Harbor, Wash. To finance her work, she operates two whale-watching boats for tourists.

The trouble began in October 2005. During a whale-watching trip, a humpback whale approached one of her boats. The captain began whistling, hoping the noise might keep the creature from leaving, according to Ms. Black. A crewman on her other boat, which Ms. Black was captaining nearby, also urged passengers to make noise, she says. (Neither the captain nor the crewman faces charges.)

The Marine Mammal Protection Act of 1972 outlaws “harassment” of whales that could disrupt their behavioral patterns or injure them. Ms. Black says she doesn’t believe the whistling, or the ships’ closeness to the whales, violated the rules, particularly since the creature had approached on its own.

Ms. Black says she considered the whistling “unprofessional” and told her employees not to do it again. She says the then-wife of her boat captain then went to the government to find out if there was anything wrong with whistling on the boat. The now former captain declined to comment. His ex-wife couldn’t be reached for comment.

Several days later, Ms. Black says, a federal official from the National Oceanic and Atmospheric Administration—a Commerce Department agency with duties ranging from weather forecasting to fisheries management—made an informal request (as opposed to a subpoena) for her to provide video of the whistling incident. She provided a video edited to show the captain’s whistling, she says, because that is what she thought the investigator wanted to see. She didn’t include video of the other crew member allegedly egging on passengers to make noise.

The indictment alleges Ms. Black altered the video “with the intent to impede” investigation of the whale incident and then falsely told authorities the video was “the original recording, when that recording had in fact been altered.” She acknowledges editing the video and denies that it was altered to impede the probe. In interviews, she denied lying about the video and has pleaded not guilty to the charges.

She says she gave the edited video to two officials, including a NOAA investigator, and went through the video with them. A NOAA spokesman declined to comment on Ms. Black’s case.

About a year later, on a morning in November 2006, more than a dozen federal agents, led by a NOAA inspector, entered her house with a search warrant and took away her files, photos and computers, she says. “It was the most traumatic thing that ever happened to me.”

In unrelated cases, NOAA has been criticized for some of its investigative tactics in recent years. A 2010 report by the Commerce Department’s inspector general recommended that NOAA “reassess” the staffing of its investigative branch, where some 90% of agents were criminal investigators although most of the agency’s work involved civil regulatory matters.

The inspector general’s report said it examined complaints from dozens of fishermen. Some complaints said that NOAA investigators used “overly aggressive and inappropriate techniques” that made them “feel as though they are being treated like criminals for noncriminal issues,” the report said.

A NOAA spokeswoman said the agency has modified its investigative practices and staffing. Among other things, the agency has put a freeze on hiring criminal investigators and has instituted higher-level reviews of charging decisions.

Over the five-year period since the raid on Ms. Black’s home, federal investigators have questioned friends and colleagues, she and her friends say, and many of them became reluctant to deal with her. She says the raid was so traumatic to her that she sometimes gets fearful when a stranger’s car parks in front of her house. She says she has paid more than $100,000 in legal fees so far.

“I’m just a normal person, doing the thing I love,” says Ms. Black. “How could this happen to me?”

Ms. Black’s attorney, Lawrence Biegel, says prosecutors threatened that if his client didn’t plead guilty to one or more misdeeds, she would face a range of charges. The indictment, filed in January, contains four criminal counts including illegal alteration of records resulting from editing the video. The false-statements charge comes from allegedly lying about the video’s completeness.

The indictment includes a paragraph referencing a 12-count indictment, which the Justice Department spokesman said was mistakenly pasted in from a document unrelated to Ms. Black’s case.

Ms. Black says she was never asked about the completeness of the video and if she had known the officials wanted an unedited copy, she would have provided one.

Her lawyer, Mr. Biegel, says authorities eventually obtained the entire video from him after Ms. Black informed officials that, even after removing records from her home, they didn’t have the complete video. He notes that despite years of investigation, the government didn’t find evidence to charge Ms. Black with wrongdoing during that 2005 whale-watching trip.

The two other counts in the indictment involve allegations that Ms. Black illegally fed or attempted to feed killer whales in the wild, once in April 2004 and once in April 2005. Each of those counts carries a potential one-year sentence.

The government court filings don’t provide details of the alleged wrongdoing in any of the counts.

Ms. Black says those incidents involved using an underwater camera to record killer whales feeding on a gray whale they had just killed. Pieces of blubber from the dead whale were floating on the water, she says, so to better record the event, she cut a hole through one piece of blubber in the water and put a rope through the hole to stabilize the blubber while the killer whales ate. Since the whales themselves had killed the animal they were eating, Ms. Black says she believes her actions don’t qualify as feeding them.

Her attorney Mr. Biegel says that in one of the two alleged incidents, no killer whale bit the blubber.

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Trigger Happy Scottsdale Arizona Police Officer Shoots And Kills Unarmed Man Holding A Baby Outside His Home

February 17, 2012

SCOTTSDALE, ARIZONA — An Arizona man was shot to death by police Tuesday while holding his grandson.

Police say 50-year-old John Loxas was holding his grandchild in his arms as he walked around his Scottsdale neighborhood Tuesday night threatening neighbors and police.

“There were at least three officers in position to engage the suspect. At least one of the officers thought he saw something in the suspect’s hands,” said Sgt. Mark Clark.

Loxas was standing outside of his home with his grandchild still in his arms when Officer James Peters fired one shot to the head, killing the suspect.

Police say the 9-month-old boy was not injured during the shooting.

Officers also escaped unharmed.

Some neighbors are now questioning the officers actions.

Investigators say the officers on the scene thought Loxas was holding a gun.

Detectives did not find a weapon on Loxas following the shooting, but did locate several firearms inside the home.

Officer Peters, who fired the fatal shot, has been involved in seven shootings over the past decade.
Six of those have been fatal, and all have been ruled justified.

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Scotland Neck North Carolina Police Officer Joe Williams Used “Stun Gun” To Kill Innocent Disabled Man On Bicycle

November 23, 2011

Scotland Neck, NORTH CAROLINA - A 61-year-old Halifax County man died Tuesday, a day after police shocked him with a stun gun while he was riding his bike, family members said.

Scotland Neck Police Chief Joe Williams said they received a call Monday night about a man who fell off of his bicycle and injured himself in the parking lot of the BB&T bank, 1001 Main St. The caller was concerned that the man was drunk.

When Officer John Turner arrived, he saw Roger Anthony pedaling away along 10th Street. He followed Anthony in his patrol car, briefly put on his sirens and lights and yelled out of the window for him to stop, but Anthony continued to ride away, police said.

Williams said Turner then saw Anthony take something out his pocket and put it into his mouth. At that time, Turner got out of the car and yelled for Anthony to stop. When Anthony didn’t stop, the officer used a stun gun on him, causing him to fall off of his bike.

Anthony was transported to Pitt County Memorial Hospital, where he was declared brain dead, his sister Gladys Freeman said. He was taken off of life support on Tuesday.

Freeman said her brother was disabled, suffered from seizures and had trouble hearing. She said he was riding his bike home from her house on Sunday night. Anthony lived alone in an independent living community.

Williams would not comment further on the incident, citing an ongoing investigation. Turner, who has been on the force for just over a month, has been placed on administrative leave.

Scotland Neck Mayor James Mills is calling for the State Bureau of Investigation to look into what happened.

“The best we’ve been able to determine is that he offered no threat,” Mills said.

Milton Freeman said Anthony, his brother-in-law, used to smoke cigarettes, drink coffee and ride his bicycle around town. Anthony was nicknamed “Rabbit” because of his big ears.

“Why would you (use a stun gun on) a man on a bike? He didn’t do any crime. He wasn’t trying to escape. How (was) he going to escape on his bicycle?” Milton Freeman said.

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Innocent Man Released After 4 1/2 Years Of Life Sentence In Alabama State Prison

October 24, 2011

BIRMINGHAM, Alabama — Antonio Williams walked out of prison this summer with a proclamation of innocence.

He had not, a judge ruled, raped a little girl, a crime for which he had served four years, six months and 26 days in prison.

Williams walked out of prison with that proclamation, with the feeling of redemption it brought.

But he walked into the world without much else. The family he left behind was broken, the jobs he could perform had disappeared.

The life he knew was gone.

“You cannot give back five years of my life for something I didn’t do,” Williams said. “Right now, I want justice.”

Williams, 43, says he is able to forgive. But as he tries to restart his life, he cannot promise to forget.

He can’t forget the time he spent in prison, nor the stigma of being convicted — even wrongly — of child rape.

He can’t forget that it’s been almost six years since he has seen or talked to his own little girl, who now is almost a teenager.

And he can’t forget the system that found a way to convict him in the first place.

“I haven’t got no sorry or thank you from these folks.” he said.

‘Tried to be fair’

Williams grew up in Birmingham, according to court documents. He attended Wenonah High School and graduated there in 1986.

After graduation, Williams worked a variety of jobs including as a cook at Burger King and McDonald’s, and a dietary assistant at St. Vincent’s Hospital.

In 2000, he became a father. The relationship with the little girl’s mother had ended before Williams knew she was pregnant.

“I wasn’t denying her,” Williams said of his infant daughter. “She was the spitting image of me.”

The mother told him about the baby, but later tried to claim it wasn’t his.

A paternity test proved otherwise, and he vowed to stay in his daughter’s life, despite the mother’s objections.

Williams spent time with his daughter at her grandfather’s house where she lived. Her mother had four children, and all lived with her father who had custody of them.

Williams said the other girls would get upset if he paid attention only to his daughter, so he did for all what he did for his. “I tried to be fair,” he said.

That included giving the girls baths, a fatherly task that would come back to haunt him.

In 2005, Williams learned that he was accused of rape and sexual abuse of his daughter’s 9-year-old half sister, one of the girls he had helped to bathe and take care of.

The allegations surfaced in interviews at the Prescott House after it was discovered that the little girl had sexually transmitted diseases.

“She said I touched her on her private parts, three times,” Williams said. “She said that I told her if she told everybody what I did, I would kill her.”

The girl’s father was trying to get custody of her. Williams was trying to get custody of his own daughter.

Someone, Williams said, concocted lies to stop that from happening. Lies that wouldn’t go away.

“I was mad as hell,” Williams said. “They were playing with an innocent man’s life.”

Williams was arrested on April 27, 2005, after being indicted by a grand jury.

“I didn’t think it would go that far,” Williams said. “The detective had told me I had nothing to worry about, that a grand jury would never indict me.”

Prosecutors claimed that Williams had sexual intercourse with the alleged victim, and improperly touched her, several times when the girl was between the ages of 3 and 6.

A year later, Williams said he went to trial before an all-white jury, where various family members of the girl — relatives both by blood and by marriage — testified. There were no eyewitnesses, and no physical evidence, such as DNA. Just the word of an abused little girl mired in a dysfunctional family.

A jury on April 5, 2007, unanimously convicted Williams of two counts of rape.

“I cried,” Williams said. “I never was, and never will, be a child rapist.”

Williams waited for jurors outside of the courthouse. He screamed at them as they left, something former Circuit Court Judge Gloria Bahakel noted in Williams’ sentencing hearing three weeks later.

Williams’ pastor, the Rev. Thomas Moon who has since retired from St. Paul Lutheran Church in Titusville, pleaded with the judge not to hold that against Williams. Williams was a member of the church before his arrest, and was in the choir.

“When I went through instruction classes with him, I was aware of the temper problems in the past,” Moon told Judge Bahakel. “I have counseled him on being more respectful of the process and not letting his personal emotions burst out. He has a very strong feeling that he is innocent in this matter.”

At the May 2007 hearing, Bahakel asked Williams if he had anything to say.

“Nothing I can say,” a weary Williams said. “I am still not guilty.”

Prosecutor Jim Neill argued for the maximum sentence.

“This man raped and sexually abused not just once or twice, but several times, according to evidence, a 5 to 6-year-old girl. He deserves the maximum penalty in this case.”

Bahakel sentenced Williams to life in prison. His only previous convictions were for driving without a license, and third-degree trespassing. He was also ordered to enter the prison’s sex offender program.

“I thought it was unbelievably harsh,” Moon said.

Williams went to prison on May 18, 2007.

Prison is not an easy place for convicted child rapists, but Williams said he kept a low profile. Prison records show no infractions, and Williams said he dodged questions from fellow inmates about why he was in prison.

“It was real scary,” he said. “I was nervous at first, but after that I got the hang of it. It taught me a lot.”

Williams repeatedly proclaimed his innocence, and filed appeals to that end, but no one other than his close circle of friends believed him.

That changed in April of this year when the alleged victim, now 15, changed her story.

Drastically.

Problems with the case

On April 14, 2011, the girl was interviewed again at the Prescott House on an unrelated issue. It was then that she admitted Williams had never abused or raped her. In fact, she named someone else as the rapist, and her older half-sister corroborated that with tales of her own abuse.

Jefferson County District Attorney Brandon Falls said his office moved quickly to correct the wrong.

“The victim lied, and she maintained that lie through the investigation and trial,” Falls said. “As soon as we knew that, we contacted the defense attorney and the judge.”

Williams was appointed an attorney and a hearing was set before Circuit Judge Stephen Wallace.

Wallace, in a ruling issued in May 2011, outlined problems with the initial case: From the outset, the alleged victim was reluctant and gave contradictory testimony.

“She merely indicated that the defendant had touched her while giving her a bath. She did not say it was inappropriate,” Wallace wrote. “She was unable to discuss or recall the allegations that she made to the social worker at the Prescott House, even denying at one point that she had made any allegations against defendant. Only in her testimony, and only after being prompted, did she fully implicate Williams.”

In this year’s hearing, the girl was asked repeatedly if he had ever touched her inappropriately or raped her. Each time she categorically denied it. She named the person who raped her and said he threatened her with harm if she ever told, which is why, she said, she wrongly named Williams the culprit.

“The court took exhaustive measures to examine and re-examine,” Wallace wrote. “She was asked every conceivable way whether any touching or abuse occurred, and she repeatedly and unequivocally denied that any such contact or rape ever took place.”

The judge’s order also noted that the girl told her stepmother after trial that she had not been sexually abused or raped by the defendant, but the stepmother never relayed that to authorities. Also, the victim’s half sister testified that she had been similarly abused by the person the victim is now claiming abused her.

Wallace called some of the testimony admitted into the original trial “appalling.”

He also lashed out at William’s original defense attorney, saying he had never requested to look at the victim’s 2003 interview at the Prescott House. “If he had, he would have discovered that she gave no disclosure that anyone had touched her, let alone Williams,” Wallace wrote.

In his findings, Wallace said based on the newly discovered evidence and testimony, “there is a great likelihood that had this information been known, the defendant would not have been convicted.”

There was evidence the alleged victim had had sexual contact, primarily by contracting an STD at age 6, and the judge said he is convinced she was raped by one person, or multiple people.

“The court is hopeful the true perpetrator will be brought to justice,” Wallace wrote. “Regardless, it is the court’s duty to correct the injustice committed here.”

Wallace set aside and reversed the convictions, and ordered a new trial.

Falls said he can’t recall a time in his 14 years at the district attorney’s office that a conviction was secured only to find out the victim was lying.

“I’m not sure there’s anything I can say to rectify the situation. This is a rare circumstance, and it is what everyone in this office works to prevent,” Falls said. “Our job is not to just prosecute, but to honestly seek the truth in every case. We have to rely on witnesses to prosecute those cases. This is a terrible situation where that reliance was betrayed.”

Prosecutors declined to go forward with a new trial against Williams. The person now being named as the suspect has not been charged. “We would have to make sure we had extensive corroborating, independent evidence,” besides the girl’s testimony, Falls said.

Starting over

Williams walked out of the Jefferson County Jail at 6:23 p.m. on Aug. 23.

“First of all, I said, ‘Thank God I am free,’” Williams said.

Wearing his only pair of jeans, a T-shirt and boots, Williams carried with him a partial transcript of his case, and nothing else.

He walked the several miles to the Cotton Avenue apartment of one of his best friends, where he had his first home-cooked meal in years and the support of his good friend Andre Savannah.

“I believe he was done wrong. He lost five years of his life for something he didn’t do,” Savannah said. “It was dirty, and it was wrong.”

Williams came back to virtually nothing.

His apartment, and all of his furnishings, were gone. His daughter’s aunt had kept for him one suitcase of his belongings, such as photos of Williams and his daughter, and his high school diploma.

He recently moved into his own apartment near his best friend, but the efficiency unit is all but empty. He was diagnosed with a learning disability as a child, so he gets a disability check and use it to pay for his apartment. He has a few items of clothing, a pallet on the floor, and a phone with an answering machine. There is no furniture, and no food in the refrigerator which, two weeks after moving in, was still unplugged.

The only decor is a 4 x 6 plaque on the wall that he received from his church before his arrest and conviction. “It was for me being a role model,” he said proudly.

“I don’t like starting over like this,” he said. “It’s very hard.”

In fact, he and his friends aren’t sure where to even start.

“You have to wonder what does a guy do that has been in jail for all these years,” the pastor said. “For him to get back on his feet in this type of economy, with his skill level, is going to be a tough road to go.”

Moon is trying to help guide Williams in this transition.

“I am trying to do what I can to help him out. The state of Alabama just let him out and sent him home, with nothing,” he said. “I would not want to be in his shoes right now. It is an overwhelming task for anyone.”

Though Williams wrote his daughter from prison, he never heard back from her. He has no way of knowing if she ever got his letters. He has not seen her since 2005, when she was 6.

He hasn’t yet tried to see her, he said, because he is afraid of angering her family.

“The hurting part is not seeing my child. It’s very hard,” Williams said. “It’s like a child crying at night, that’s how hard it is.”

“And,” he said, “I don’t know how she’s going to react to me when she sees me.”

“He has every right to see her,” Moon said.

“And is there any way for him to be compensated for the time he was wrongly incarcerated?” Moon said. “Where can he find work? What options does he have? Are they going to ask him where he has been for the past four years? Employers don’t want to mess with that.”

Williams said he has talked to six lawyers since his release, but none would help him. He thinks he finally has found one interested in taking him on as a client.

He wants justice, he said, whatever that may be.

“This part of my life is always going to be forever damaged, and that’s something I’ll never get over,” he said. “Only God knows how frustrated and angry I am.”

He wants his name publicly cleared.

“I ain’t no child molester,” he said. “I don’t just believe in God and his son Jesus Christ, I live it.”

Still, he said he is ready to move forward, somehow.

“I am going to live my life. I am going to get back on my feet,” Williams said. “It’s not by the grace of man, it’s by the grace of God. He done blessed me once; he’s going to bless me again.”

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Two Innocent Men Released From North Carolina Prisons After A Decade Each Behind Bars

September 22, 2011

ASHEVILLE, NORTH CAROLINA – Two men who spent a decade in prison on murder charges were set free Thursday after a panel of judges in North Carolina ruled they were innocent.

* Kenneth Kagonyera, left, and Robert Wilcoxson were ruled innocent Thursday and set free after a decade in jail.

North Carolina Department of Corrections

Kenneth Kagonyera, left, and Robert Wilcoxson were ruled innocent Thursday and set free after a decade in jail.

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North Carolina Department of Corrections

Kenneth Kagonyera, left, and Robert Wilcoxson were ruled innocent Thursday and set free after a decade in jail.

The three-judge panel made its decision after seven days of testimony in the case against Kenneth Kagonyera, 31, and Robert Wilcoxson, 32.

Wilcoxson was the first to be released. He hugged his 10-year-old daughter, Taneea, and his father as he walked out of jail hours after the hearing. He left quickly, saying only that his plans for his first night as a free man in nearly a decade were simple. “Pray,” he said.

*
STORY: States look to right wrong convictions
*
STORY: Georgia proceeds with Troy Davis execution

Kagonyera left jail hours later to applause and hugs and kisses from his mother and grandmother.

“It was a blessing,” he said. Kagonyera said he had prepared himself for the panel to rule against his claim though he tried not to dwell on the prospect of going back to prison. He said his plans are to “get a job, move on and put this behind me.”

“I am just so happy I don’t know what to say,” said Charlene Holmes, Kagonyera’s mother.

The hearing came after the North Carolina Innocence Inquiry Commission in April found enough evidence to indicate the men were not guilty, including the confession of another man and DNA testing that pointed to other suspects.

The men had pleaded guilty to second-degree murder in the slaying of Walter Bowman in 2000, though they repeatedly claimed they were innocent. Their attorneys at the hearing said the men admitted to the murder to avoid life sentences.

District Attorney Ron Moore, the elected prosecutor who handled the case, said, “We accept the ruling of the court.” He said the ruling would make it harder to accept guilty pleas for fear that suspects are taking a deal to avoid longer sentences.

North Carolina is among a growing number of states taking steps to prevent and address wrongful convictions and grant greater access to biological evidence. It has the nation’s only investigative innocence commission.

Until recently, that was largely the purview of the privately funded Innocence Project, which has been involved in 154 DNA exonerations in the USA since 1989, according to the group’s research director, Emily West.

The North Carolina commission has heard three other cases, one of which resulted in the release of a man who served almost 17 years in prison for a murder he didn’t commit. A three-judge panel found Greg Taylor innocent in February 2010.

Twenty-eight percent of exonerations nationally have involved defendants who pleaded guilty, falsely confessed or made incriminating statements to police, according to the Innocence Project.

The group recently pushed the Georgia Board of Pardons and Paroles to stop the execution of Troy Davis, who claimed he was innocent of the murder of an off-duty police officer in 1989. Witnesses who identified him as the shooter have recanted, the group said on its website. The board declined, and Davis was executed late Wednesday.

“The state clemency system in Georgia and in many other states is not functioning as an effective safety valve in cases where there is serious doubt about guilt,” said Barry Scheck, co-director of the Innocence Project, which is affiliated with Benjamin N. Cardozo School of Law.

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Class Action Lawsuit Charges Florida Highway Patrol With Illegally Ticketing More Than 10,429 Innocent Motorists

August 26, 2011

TAMPA, FLORIDA – When the Florida Highway Patrol pulls someone over on the highway, it’s usually because they were speeding.

But Eric Campbell was pulled over and ticketed while he was driving the speed limit.

Campbell says, “I was coming up the Veterans Expressway and I notice two Florida Highway Patrol Cars sitting on the side of the road in the median, with lights off.”

Campbell says he did what he always does: flashed his lights on and off to warn drivers coming from the other direction that there was speed trap ahead.

According to Campbell, 60 seconds after passing the trooper, “They were on my tail and they pulled me over.”

Campbell says the FHP trooper wrote him a ticket for improper flashing of high beams. Campbell says the trooper told him what he had done was illegal.

But later Campbell learned that is not the case. He filed a class action suit which says “Florida Statue 316.2397″ — under which Campbell was cited — “does not prohibit the flashing of headlights as a means of communications, nor does it in any way reference flashing headlights or the use of high beams.”

However, the FHP trooper who wrote the ticket either didn’t know or didn’t care. “You could tell in his voice he was upset,” Campbell says. “He was professional, he wasn’t rude… but you could tell he was irritated.”

However, the lawsuit says the FHP is well aware they are wrongfully applying the state law and they are doing it as a means of generating revenue. In 2005, a court order was even issued saying the state law doesn’t prohibit the flashing of vehicle headlights.

Campbell isn’t the only one. Since 2005, FHP records show more than 10,429 drivers have been cited under the statute.

In addition to seeking the refund of the $100 ticket, the lawsuit seeks damages in excess of $15,000.

What’s that costing you?

If each person illegally cited was awarded $15,000 that would be $156,435,000 in damages if the suit is successful. Then you would throw in at least another $1,042,900 in ticket refunds, all because it appears troopers don’t like motorists warning others about speed traps.

Campbell says he felt as if the trooper thought it was a personal affront. According to Campbell, the trooper did not like the fact somebody was ratting him out.

The Florida Highway Patrol says it can’t comment because of the pending lawsuit.

Campbell says FHP had no right to ticket him or anyone under the current law and he adds the agency is not being honest when it says it doesn’t write tickets to increase revenue or punish people, but rather to get the motorist to slow down on the highway. If that were true, Campbell says the FHP should be delighted with him, because drivers did slow down before troopers could give them a ticket.

The suit evolved out the fact that Campbell says “I don’t like what the government is dong especially now when most people have a hard time affording gas and now they have to defend themselves against a made up charge that doesn’t exist.”

The state will have to come up with the money for damages if the suit is successful, and guess where the money is coming from: your taxes.

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Chicago Illinois Police Officers Brutally Beat Two Innocent Brothers – Caught On Video

August 18, 2011

CHICAGO, ILLINOIS – Security tape allegedly shows a group of police officers beating two Chicago brothers Wednesday after apparently mistaking them for robbers while one was closing the store at which he worked.

Michael Ayala, 23, said officers assaulted him during an incident Wednesday after he was closing up shop Wednesday at 7911 Food and Liquor Store.

“He punched me in the ribs,” Michael Ayala, who showed bruises on his upper arms from officers pinning him down, said of one aggressive officer.

He said at one point he blacked out. Adrian Ayala, his 18-year-old brother who was waiting for his brother outside the store, also was punched and kicked, he said.

Michael Ayala said he was closing up the store early, while his brother waited for him on his bike. Michael Ayala is an employee at the store in the 4800 block of South Archer, and his brother sometimes helps stock shelves.

When he completed his task, he turned to see officers handcuffing his younger brother on the hood of a car. Michael Ayala said he went outside to tell police he worked there and that Adrian Ayala was there helping him. He even offered to turn the store security on and off to prove it.

Police let Adrian Ayala go, he said, but when a frustrated Michael Ayala yelled at officers that he had video tape of the incident, an officer he described as a sergeant “flipped” and put his head into a side window.

A store surveillance video posted on YouTube shows several officers rushing the brothers back into the store.

An investigation has been launched by the Independent Police Review Authority, and the Chicago Police Department said in a statement the department is fully cooperating.

“The alleged conduct does not represent the high standards of professionalism and excellence maintained as core values of the Department and which officers demonstrate on a daily basis serving and protecting the community,” News Affairs said in a statement.
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Innocent Man Imprisoned For 17 Years By Houston County Texas After False ID By 14 Year Old Rape Victim

March 2, 2011

HOUSTON, TEXAS – Houston prosecutors are asking a court to formally exonerate a Texas man after DNA tests ruled out his guilt in a rape for which he served 17 years in prison.

George Rodriguez was freed in 2004 after an appeals court found that faulty scientific evidence had been used against him in his 1987 trial. Prosecutors didn’t retry him, citing concerns about having the victim — who had identified Rodriguez as one of her two attackers in a police lineup — testify again.

State officials had denied his request for a pardon, but Harris County District Attorney Patricia Lykos agreed to review his case after she took office in 2009. New DNA tests on the forensic evidence in the case came back February 22 and conclusively ruled out Rodriguez, now 50, Lykos said in a statement Wednesday afternoon.

“When this scientific inquiry began, there was no legal requirement or mandate for any further work to be done by our office, because the case had been dismissed,” Lykos said. “Instead, we acted on the most important obligation of all — to see that the truth emerges, and that justice is done. Today, we can state that an innocent man has been vindicated.”

The Harris County District Attorney’s office will ask a judge to formally declare Rodriguez innocent at a Thursday hearing, she said.

Lykos, a Republican, campaigned on promises to reform the prosecutor’s office in Texas’ largest city, and she has drawn praise from defense lawyers for creating a post-conviction review process to examine new evidence. The Innocence Project, which won Rodriguez’s release in 2004, gave her an award in 2010 for that program.

Another man, Manuel Beltran, is now serving a 60-year prison term in connection for rape. The DNA testing also confirmed that another man, now dead but long considered an alternative suspect, also assaulted the victim, who was 14 at the time.

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DEA And Rockland County New York Deputies Raid Wrong Address – Home Of Innocent Family Cooking Dinner, Wouldn’t Let Woman Turn Off Stove, Fire Starts, And Three People Were Stuck Upstairs – Threatened To Shoot Family Dogs – Pointed Guns At Man’s Daughter

January 15, 2011

ROCKLAND COUNTY, NEW YORK – A case of mistaken identity put a Spring Valley family in jeopardy.

Deputies surrounded a house on Nereis Drive on reports that an armed gunman, suspected of robbing a medical marijuana delivery provider, was inside. Turned out it was just a family cooking dinner.

Christine Houston told 10News…deputies ordered everyone out of the house and ignored her plea to go back in and turn off the stove. Moments later a fire broke out, trapping three people upstairs, including a seven year old girl. Deputies grabbed a sledge hammer and a skateboard and broke off the metal bars on the windows, then broke the windows to get inside. All eleven people escaped relatively unharmed. one person suffered a minor case of smoke inhalation.

That can’t be said for the kitchen which is a charred mess. A Sheriff’s spokeswoman is denying reports that the department has offered to pay for the damages.

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Innocent Man Awarded $18.5 Million After Wrongful Conviction In Bronx New York And 21 Years In Prison

October 20, 2010

BRONX, NEW YORK – After spending 21 years in prison for a crime he didn’t commit, a city jury this week awarded a Bronx man $18.5 million.

Alan Newton was convicted in 1985 of raping and slicing the face of a woman in the Bronx.

He was released in 2006 after police eventually found the rape kit that they originally said they were unable to locate.

They say it was found once prosecutors provided a copy of the kit’s original voucher.

It did not match Newton’s DNA.

Newton says he hopes the ruling will help others who have been wrongfully convicted.

“I felt like I’m vindicated, after four years, I was exonerated, I walked out of jail but this says from a jury of my peers that we felt the system was wrong and we want to compensate you and we’re also sending a message to the city,” Newton said.

“They [jurors] did tell us post-verdict that what they found was very effective and what upset them was a timeline we presented in my closing argument to the jury where I showed the jury how many times Mr. Newton requested the evidence and what the responses were on each occasion,” said Newton’s attorney, John Schutty.

Since his release, Newton has graduated from Medgar Evers College with a degree in Business Administration and plans to enroll in law school next year.

Meanwhile, Vanessa Potkin, an attorney with the Innocence Project — which helps those who say they have been wrongfully convicted fight their way out of prison — says she believes there are many more Alan Newtons out there.

“We have dozens of cases at the Innocence Project where people are claiming innocence where the city is just saying they can’t find the evidence and New York is far worse than the rest of the country in this area,” Potkin said.

The city released a statement saying, “We are disappointed with the verdict and plan to appeal it.”

Newton says he plans to enroll in law school next year, but not before a vacation.

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Innocent Deaf Man Released From Prison After Being Railroaded By Richardson Texas Police Department

September 29, 2010

RICHARDSON, TEXAS – A deaf Texas man, who was imprisoned for years for a sexual crime, was released from a Texas jail Tuesday after a judge exonerated him on Monday based on new evidence.

Stephen Brodie was convicted of the 1990 sexual assault of a 5-year-old girl largely based on his confession rather than physical evidence, CNN-affiliate KTXA reported.

But new evidence emerged — a fingerprint at the crime scene from a different man who has since been convicted of a sexual crime against an underage teen.

On Monday, Brodie was in a Dallas courtroom where Judge Lena Levario ruled that he would be released, the judge’s clerk told CNN.

Brodie told KTXA that he was harassed by police and confessed to the crime to get them to leave him alone. At some points during the investigation, he was interrogated without a interpreter present, the affiliate reported.

“I felt like I was taken advantage of because I am deaf,” Brodie told the affiliate in a jailhouse interview where he spoke through a sign language interpreter.

A spokesman for Richardson police, the department that arrested Brodie, told KTXA that the department did a thorough and competent investigation.

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DNA Tests Free Two Innocent Men Imprisoned For 30 Years – A Third Died In Prison

September 16, 2010

HATTIESBURG, MISSISSIPPI – A judge in Hattiesburg, Mississippi today threw out the guilty pleas of two men who had spent three decades in prison for rape and murder after DNA tests showed they were innocent. The decision comes too late, however, for a third man who died in prison eight years ago.

Bobby Dixon, Phillip Bivens and Larry Ruffin were sentenced to life in prison for the rape and murder of Eva Gail Patterson of Hattiesburg in 1979. Larry Ruffin died behind bars in 2002.

The Innocence Project filed a petition in July on behalf of Dixon and Bivens and a separate petition on behalf of Ruffin just yesterday. The advocacy group had lobbied for new DNA tests of the evidence from the 1979 rape, and tests showed that the DNA matched that of another man Andrew Harris, who is currently serving a life sentence in a Mississippi prison for a 1981 rape.

Bobby Dixon was released from prison last month in order to undergo treatment for terminal cancer, but Bivens, now 59, remained behind bars. He attended the hearing in his prison jumpsuit before being set free by the judge’s ruling.

“It was a good result in a tragic situation,” said Emily Maw, director of the Innocence Project New Orleans and lawyer for Dixon, Bivens and the Ruffin family. “This is a particularly sad case. Another man committed the crime and then let these men sit in prison for 30 years. We hope it will have an impact on how we look at confessions and guilty pleas.”

Dixon and Bivens had pleaded guilty in 1980 to the crime and claimed that Ruffin was the rapist. Dixon claimed in an interview with the Jackson Clarion-Ledger that he fingered Ruffin after police beat him. Ruffin insisted on taking his case to trial continued to maintain his innocence until his death in a prison accident.

Judge Robert Helfrich said he did not rule on Ruffin’s petition because it was received Wednesday and he had not had time to review it. Maw said that she expects the petition for Ruffin’s posthumous exoneration will not be taken up until a grand jury has decided whether to charge Andrew Harris with Patterson’s rape and murder.

The results of the DNA test make Ruffin the second inmate to have been exonerated posthumously by DNA testing. In 2009, DNA tests showed that Texas inmate Tim Cole did not commit the 1985 rape for which he was serving time. Cole died in prison in 1999.

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Crimnal Cases And Convictions Based On Police Officers Getting The Innocent To “Confess” To Crimes They Didn’t Commit

September 14, 2010

KANSAS CITY, MISSOURI – Eddie Lowery lost 10 years of his life for a crime he did not commit. There was no physical evidence at his trial for rape, but one overwhelming factor put him away: He confessed.

At trial, the jury heard details that prosecutors insisted only the rapist could have known, including that the rapist hit the 75-year-old victim in the head with the handle of a silver table knife he found in the house. DNA evidence would later show that another man committed the crime. But that vindication would come only years after Lowery had served his sentence and was paroled in 1991.

“I beat myself up a lot” about having confessed, Lowery said in a recent interview. “I thought I was the only dummy who did that.”

But more than 40 others have given confessions since 1976 that DNA evidence later showed were false, according to records compiled by Brandon L. Garrett, a professor at the University of Virginia School of Law. Experts have long known that some kinds of people — including the mentally impaired, the mentally ill, the young and the easily led — are the likeliest to be induced to confess. There are also people like Lowery, who says he was just pressed beyond endurance by interrogators.

New research shows how people who were apparently uninvolved in a crime could provide such a detailed account of what occurred, allowing prosecutors to claim that only the defendant could have committed the crime.

An article by Garrett draws on trial transcripts, recorded confessions and other background materials to show how incriminating facts got into those confessions — by police introducing important facts about the case, whether intentionally or unintentionally, during the interrogation.

To defense lawyers, the new research is eye opening.

“In the past, if somebody confessed, that was the end,” said Peter J. Neufeld, a founder of the Innocence Project, an organization based in New York. “You couldn’t imagine going forward.”

The notion that such detailed confessions might be deemed voluntary because the defendants were not beaten or coerced suggests that courts should not simply look at whether confessions are voluntary, Neufeld said.

“They should look at whether they are reliable,” he said.

Garrett said he was surprised by the complexity of the confessions he studied.

“I expected, and think people intuitively think, that a false confession would look flimsy,” like someone saying simply, “I did it,” he said.

Instead, he said, “almost all of these confessions looked uncannily reliable,” rich in telling detail that almost inevitably had to come from the police. “I had known that in a couple of these cases, contamination could have occurred,” he said, using a term in police circles for introducing facts into the interrogation process. “I didn’t expect to see that almost all of them had been contaminated.”

Of the exonerated defendants in the Garrett study, 26 — more than half — were “mentally disabled,” under 18 at the time or both. Most were subjected to lengthy, high-pressure interrogations, and none had a lawyer present. Thirteen were taken to the crime scene.

Lowery’s case shows how contamination occurs. He had come under suspicion, he now believes, because he had been partying and ran his car into a parked car the night of the rape, generating a police report. Officers grilled him for more than seven hours, insisting from the start that he had committed the crime.

Lowery took a lie detector test to prove he was innocent, but the officers told him that he had failed it.

“I didn’t know any way out of that, except to tell them what they wanted to hear,” he recalled. “And then get a lawyer to prove my innocence.”

Proving innocence after a confession, however, is rare. Eight of the defendants in Garrett’s study had actually been cleared by DNA evidence before trial, but the courts convicted them anyway.

In one such case involving Jeffrey Deskovic, who spent 16 years in prison for a murder in Poughkeepsie, N.Y., prosecutors argued that the victim may have been sexually active and so the DNA evidence may have come from another liaison she had. The prosecutors asked the jury to focus on Deskovic’s highly detailed confession and convict him.

While Garrett suggests that leaking facts during interrogations is sometimes unintentional, Lowery said that the contamination of his questioning was clearly intentional.

After his initial confession, he said, the interrogators went over the crime with him in detail — asking how he did it, but correcting him when he got the facts wrong. How did he get in? “I said, ‘I kicked in the front door.’” But the rapist had used the back door, so he admitted to having gone around to the back. “They fed me the answers,” he recalled.

Some defendants’ confessions even include mistakes fed by the police. Earl Washington Jr., a mentally impaired man who spent 18 years in prison and came within hours of being executed for a murder he did not commit, stated in his confession that the victim had worn a halter top. In fact, she had worn a sundress, but an initial police report had stated that she wore a halter top.

Steven A. Drizin, the director of the Center on Wrongful Convictions at the Northwestern University School of Law, said the significance of contamination could not be understated. While errors might lead to wrongful arrest, “it’s contamination that is the primary factor in wrongful convictions,” he said. “Juries demand details from the suspect that make the confession appear to be reliable — that’s where these cases go south.”

Jim Trainum, a former policeman who now advises police departments on training officers to avoid false confessions, explained that few of them intend to contaminate an interrogation or convict the innocent.

“You become so fixated on ‘This is the right person, this is the guilty person’ that you tend to ignore everything else,” he said. The problem with false confessions, he said, is “the wrong person is still out there, and he’s able to reoffend.”

Trainum has become an advocate of videotaping entire interrogations. Requirements for recording confessions vary widely. Ten states require videotaping of at least some interrogations, like those in crimes that carry the death penalty, and seven state supreme courts have required or strongly encouraged recording.

These days Lowery, 51, lives in suburban Kansas City, in a house he is renovating with some of the $7.5 million in settlement money he received, along with apologies, from officials in Riley County, Kan., where he was arrested and interrogated.

He has trouble putting the past behind him.

“I was embarrassed,” he said. “You run in to so many people who say, ‘I would never confess to a crime.’”

He does not argue with them, because he knows they did not experience what he went through.

“You’ve never been in a situation so intense, and you’re naive about your rights,” he said. “You don’t know what you’ll say to get out of that situation.”

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Dumbass Buffalo New York Police Admit Man They Arrested For Restaurant Murders Is Innocent – Police Are Finally Looking For Witnesses

August 16, 2010

BUFFALO, N.Y. – Charges were dropped in Buffalo City Court Sunday morning against a Buffalo man who was charged with murder following the shooting outside a downtown Buffalo restaurant early Saturday morning that killed four people and injured four others.

Buffalo Police admitted on Sunday the man they arrested, Keith Johnson, 25, was not the man who shot the victims. Buffalo Police Commissioner Daniel Derenda said he “apologized” for the mistake but added Johnson was “less than truthful” when interviewed by police on Saturday.

Erie County District Attorney Frank Sedita said photographic evidence collected by Buffalo Police late Saturday night has led them to believe the wrong person may be in custody.

Sedita said new information came to light following Saturday’s press conferences and requests that witnesses come forward.

In court Sunday morning, which was closed to cameras, Erie County District Attorney Frank Sedita said “the suspect’s information was developed matching this individual [Johnson]. Police put information in the computer which generated a photo which a witness identified as the defendant [Johnson].”

Sedita also said, “within hours of yesterday’s press conference, calls came into the Buffalo Police Department indicating Johnson was not the shooter.”

The District Attorney concluded by saying, “I’m not going to prosecute someone unless I’m absolutely sure he did it and I’m not sure he did it.”

Johnson, who sat in court this morning wearing an orange jumpsuit, is still in police custody on a parole violation. Because Johnson was recently released from prison less than two weeks ago, he was not allowed to be in a bar, which police say he was on Saturday.

Buffalo Police Commissioner Daniel Derenda say they have had witnesses come forward and are pursing leads to find the shooter.

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Video Catches Denver Colorado Police Officer Devin Sparks Brutally Beating Innocent Man Who Was Talking On Cell Phone

August 16, 2010

DENVER, COLORADO – Denver officials are deeply divided over the proper level of punishment for a police officer who was seen on video tackling and beating a 23-year-old man who was doing nothing but talking on a telephone outside a LoDo nightclub.

The video of Officer Devin Sparks repeatedly hitting Michael DeHerrera of Denver with a department-issued piece of metal wrapped in leather, picking him up roughly and slamming a car door on his ankle has prompted Independent Monitor Richard Rosenthal to push for the firing of Sparks and Corporal Randy Murr.

Rosenthal, who monitors police internal investigations, maintains Sparks and Murr are unfit for the force because they didn’t tell the truth about the April 4, 2009 incident. Rosenthal also believes the use of force by Sparks was excessive. The Denver City Council earlier this year agreed to pay $17,500 to settle a federal lawsuit brought by DeHerrera alleging excessive force.

DeHerrera, in interviews, has described police as beating him unconscious. He said he woke up in a hospital bed, with stitches in his head, and a swollen head. He said he later was diagnosed with post-concussion syndrome.

“The video was so important because it showed everything that happened, regardless of reports or what’s filled out,” DeHerrera said in an interview. “The video speaks more than any of those words can.”

He added: “I don’t swing. I don’t blade. I’m on the phone. The only thing I hold onto is my phone. When I go down, I’m out, and that’s when he continues to ‘get my compliance.’”

The incident was filmed by the police department’s own High Activity Location Observation video surveillance system. Video released to the news media by the department shows DeHerrera doing nothing but talking on his phone with his father, a sheriff’s deputy in Pueblo.

Rosenthal, in a report to be released on Monday, labels as “pure fiction” the police report from Sparks that describes his force as justified because DeHerrera “spun to his left attempting to strike me in the face with a closed right fist.”

Safety Manager Ron Perea, who oversees the police department and has final say on discipline, has rejected Rosenthal’s argument that the officers should be fired. He suspended Murr without pay for three days for submitting an “inaccurate report.” Sparks also lost three days pay.

“The video, when viewed in isolation, seems to portray the subject officers as overly aggressive for the situation,” Perea said. “There is no audio and it appears that there is a man on the phone ignoring but not being overtly aggressive towards the officer when the officer takes him down. The video, however, does not tell the entire story.”

Perea said a witness said DeHerrera pushed another officer moments earlier and that Sparks feared DeHerrera was about to strike him. Other witnesses disputed that DeHerrera had pushed anyone.

“While it is clear from the HALO camera that he is on the phone and does not appear ready to hit the officer, from the officer’s position he was confronting someone already known to have assaulted one officer who then pulled his arm back at the shoulder with a closed fit,” Perea wrote.

DeHerrera was talking on the phone with his father at 12:14 a.m., when the incident occurred. The police had taken into custody DeHerrera’s friend, Shawn Johnson, then 24, after he used a women’s restroom and was ejected from a nightclub. DeHerrera said he feared for his friend’s safety and was asking for advice from his father, a Pueblo sheriff’s deputy.

Both Johnson and DeHerrera were charged by police with interference and resisting arrest. Assistant City Attorney Vince DiCroce moved to dismiss the charges after reviewing the video “because there is no likelihood of conviction.”

The clash between Rosenthal and Perea follows Perea’s hiring in June to replace the former safety manager, Al LaCabe. LaCabe and Rosenthal took a similar approach to discipline decisions and rarely disagreed on how to handle an officer’s actions.

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Bogus Murder Charges Dropped After Man Spent 30+ Years In Prison After Wrongful Conviction In Brevard County Florida

December 12, 2008

VIERA, FLORIDA — Charges have been dropped against a man who spent nearly three decades behind bars before DNA evidence cast doubt on his murder conviction, prosecutors in Florida said Wednesday.

William Dillon, 49, has been free on bond since last month, after a judge ordered a new trial because of testing that showed his DNA wasn’t on key evidence from his 1981 conviction.

Prosecutors subsequently concluded that a jury wouldn’t find Dillon guilty “beyond and to the exclusion of every reasonable doubt,” Brevard County State Attorney Norman Wolfinger said Wednesday.

Aside from the DNA test results, nine witnesses from Dillon’s trial have died, and another cannot testify because of medical problems.

Mike Pirolo, Dillon’s public defender, described Wednesday’s development as bittersweet.

“Sweet that justice was done and he’s a free man,” he said. “Bitter that 27 years of his life was taken away that he’ll never get back.”

Two other inmates also spent 27 years behind bars before being exonerated by DNA evidence, the longest such terms, said the Innocence Project, a legal center specializing in wrongful conviction cases.

Testing for DNA evidence wasn’t available when Dillon was originally tried in the bludgeoning death of James Dvorak.

New analysis paid for by the Innocence Project Florida showed Dillon’s DNA was not found on a bloodstained yellow T-shirt presented during his trial. The victim’s blood was on the shirt, along with the DNA of two other people.

Dillon didn’t immediately return a message left Wednesday with defense attorneys.

He had expressed relief when he was released last month.

“When I first went behind the bars, I couldn’t believe that it happened,” Dillon said at the time. “And then I never thought it was gonna be corrected.”

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Bogus Murder Charges Dropped After Man Spent 30+ Years In Prison After Wrongful Conviction In Brevard County Florida

December 11, 2008

VIERA, FLORIDA — Charges have been dropped against a man who spent nearly three decades behind bars before DNA evidence cast doubt on his murder conviction, prosecutors in Florida said Wednesday.

William Dillon, 49, has been free on bond since last month, after a judge ordered a new trial because of testing that showed his DNA wasn’t on key evidence from his 1981 conviction.

Prosecutors subsequently concluded that a jury wouldn’t find Dillon guilty “beyond and to the exclusion of every reasonable doubt,” Brevard County State Attorney Norman Wolfinger said Wednesday.

Aside from the DNA test results, nine witnesses from Dillon’s trial have died, and another cannot testify because of medical problems.

Mike Pirolo, Dillon’s public defender, described Wednesday’s development as bittersweet.

“Sweet that justice was done and he’s a free man,” he said. “Bitter that 27 years of his life was taken away that he’ll never get back.”

Two other inmates also spent 27 years behind bars before being exonerated by DNA evidence, the longest such terms, said the Innocence Project, a legal center specializing in wrongful conviction cases.

Testing for DNA evidence wasn’t available when Dillon was originally tried in the bludgeoning death of James Dvorak.

New analysis paid for by the Innocence Project Florida showed Dillon’s DNA was not found on a bloodstained yellow T-shirt presented during his trial. The victim’s blood was on the shirt, along with the DNA of two other people.

Dillon didn’t immediately return a message left Wednesday with defense attorneys.

He had expressed relief when he was released last month.

“When I first went behind the bars, I couldn’t believe that it happened,” Dillon said at the time. “And then I never thought it was gonna be corrected.”

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