ReportWire

Tag: Kym Worthy

  • Wayne County prosecutors accused of freeing innocent man only if he agreed not to sue – Detroit Metro Times

    [ad_1]

    Before Gregory Berry could walk out of prison in December 2020 after more than 17 years behind bars for a murder he didn’t commit, he said he had faced a difficult choice: Agree not to sue for wrongful imprisonment or remain incarcerated for life.

    Berry says his attorney told him that Wayne County prosecutors insisted on the waiver and that he had to make a decision soon whether to accept the offer. At the time, he says he was extremely ill with COVID-19 and feared he was going to die in custody. It was one week before Christmas, and he wanted to see his family. 

    It seemed like a great deal at first. He was serving a life sentence for his alleged role in a fatal shooting at a gas station in Detroit. 

    The case was rushed through so quickly that the judge acknowledged she had not been given time to review the file in advance, according to court files obtained by Metro Times.

    “I only had about a day to consider the deal,” Berry says. “They told me the only way they would release me was if I took the plea. It’s unheard of.”

    The Wayne County Prosecutor’s Office adamantly disputes that claim, calling it “completely untrue.” 

    In a detailed written response to Metro Times, spokeswoman Maria Miller said prosecutors “did not in any way make Mr. Berry’s plea contingent on an agreement that he agree not to file a civil suit.” 

    Miller added, “The CIU has never done that in any case. There is nothing that supports his contention.”

    Miller said no such arrangement was discussed on or off the record and described Berry’s version as “completely disingenuous.”

    “His voluntary no contest plea basically amounted to an effective waiver of his rights to file any lawsuit because he has a conviction arising from the criminal incident,” Miller wrote.

    The Wayne County Prosecutor Office’s Conviction Integrity Unit (CIU), which investigates potential wrongful convictions, got involved in the case after Berry’s co-defendant Antonio Hamilton, an illiterate high school dropout, swore in an affidavit in 2016 that he lied about Berry’s involvement. During his original interview with police in 2004, Hamilton said a Detroit cop punched him, kicked him in the ribs, and choked him, demanding he say Berry gave him the gun and encouraged him to rob the victim. Hamilton also said he gave Berry the firearm after the shooting. 

    In exchange for testifying against Berry, Hernandez’s murder charge was reduced, even though he was the shooter, and he was sentenced to 13½ to 22½ years in prison. He was paroled in September 2019.

    A second witness later came forward and passed a polygraph, saying Hamilton had given him the gun after the killing, which contradicts Hamilton’s original claim that Berry supplied and retrieved the weapon.

    What Berry didn’t know at the time was that the detective who took Hamilton’s statement was Barbara Simon, who has a long history of coercive interrogations, false confessions, and tactics that courts have found unconstitutional. At least 18 federal lawsuits have been filed against Simon, according to a complaint filed with the U.S. Department of Justice (DOJ). Four of them have resulted in roughly $25 million in taxpayer-funded settlements

    The DOJ complaint also alleges that dozens of people may still be imprisoned because of Simon’s tactics.

    Hamilton said he told Simon about a cop beating him, but she “brushed it off.” 

    Berry says he would not have taken the plea if he had known about Simon’s controversial past.

    “For them not to make me aware of the misconduct history of Barbara Simon and her coworkers — that was flat-out wrong,” he tells Metro Times. “If I had known her history, I would never have taken the plea. I would have fought for a new trial.”

    He claims Wayne County prosecutors intentionally withheld Simon’s history from him so he would take the plea deal and not sue. In the years since his release, Berry has fought to withdraw his plea, arguing that he was misled, rushed, and deprived of critical information, including the CIU’s investigative file, which he has repeatedly requested.

    His current attorney, Cecilia Quirindongo, argues in court filings that the CIU’s records about Simon should have been disclosed and constituted Brady material, which is evidence prosecutors are required to share if it could aid the defense. She also claims that requiring defendants to waive civil suits is “a customary practice” in Wayne County, a point the Wayne County Prosecutor’s Office strongly denies.

    In August, a Wayne County Circuit Court denied Berry’s request to withdraw his plea. He plans to appeal. 

    The Wayne County Prosecutor’s Office countered that Newman explicitly placed Simon’s role on the record during the hearing. 

    “That was not a hidden fact,” Miller said.

    Although Simon’s name was mentioned, Berry said he didn’t know about her controversial past. 

    The case dates back to September 2003, when 23-year-old Octavio Hernandez was fatally shot at 4:30 a.m. while pumping gas on Vernor Highway in Detroit. Berry and Hamilton were together that night. Berry admits he drove to the gas station but says he had no idea Hamilton was armed or intending to rob anyone. According to trial testimony, Hamilton fired the fatal shot, then dove through Berry’s car window as Berry sped away. 

    The case against Berry depended almost entirely on Hamilton. At Berry’s trial, Hamilton said Berry planned the robbery, provided the gun, and ordered him to commit the crime.

    Two other witnesses testified that Berry was not involved, but they didn’t sway the jury, which found him guilty. He was sentenced to life in prison. 

    By late 2020, the CIU had concluded that Hamilton’s testimony was unreliable and that “significant problems” had emerged “that undermine the integrity of the verdict.” 

    On Dec. 18, 2020, Valerie Newman, head of the CIU, told Wayne County Circuit Court Judge Kelly Ramsey that a new trial would likely produce “a different result.”

    “That is the reason why the prosecutor’s office agreed to vacate his convictions and sentence in this matter,” Newman told Ramsey.

    Still, the prosecutor’s office said it could not substantiate “actual innocence,” and Berry was given a choice: Plead no contest to accessory after the fact, which carries a maximum penalty of five years in prison, or remain convicted of murder and serve the rest of his life in prison. 

    The judge then sentenced Berry to time served and ordered his immediate release.

    “I’m certainly pleased to see that that information came forward to change your role in this unfortunate set of circumstances,” Ramsey told Berry. “And on behalf of the court, we wish you the very best.”

    The transcript shows the hearing was hurried. The judge had received the file only that morning and noted from the bench that it was “too thick to go through.” Newman asked the judge to consult Berry about the charges because she could not recall all three. The plea form wasn’t transmitted ahead of time, and the judge asked whether Berry’s attorney could sign for him if he wasn’t available.

    Miller said the timing of the release reflected the realities of the pandemic. She noted it was Newman who coordinated with the Michigan Department of Corrections to ensure Berry could speak with his attorney both before and on the day of the hearing. The judge also “thoroughly questioned” Berry about his appellate rights, Miller said, and he stated on the record that he understood them.

    Berry argues that he was manipulated by prosecutors. He was sick with COVID, the holidays were days away, the judge did not have the file until the morning of the hearing, the plea form was missing, and prosecutors had already acknowledged that the case was deeply flawed.

    “They waited until I was sick with COVID and seven days before Christmas,” Berry said. “I feel like I got hoodwinked in that plea.”

    Berry’s case raises new questions about how Wayne County prosecutors are handling convictions tainted by the work of Simon. Despite multiple federal lawsuits, millions in settlements, and findings that Simon coerced statements in other cases, prosecutors say they can only act on evidence specific to each case.

    Exoneree Lamarr Monson, who spent nearly 30 years in prison after Simon obtained a false confession from him, recently filed a civil rights complaint with the U.S. Department of Justice warning that “men whose convictions were tied to Simon remain incarcerated, unable to secure justice due to lost files, missing evidence, and institutional resistance.”

    Berry says he believes his case shows why “outside agencies should be looking at Barbara Simon,” and why defendants need full access to CIU records to make informed decisions.

    “I don’t understand how the Prosecutor’s Office is going to police itself,” he says. “We are never going to get a fair investigation without outside oversight.”


    [ad_2]

    Steve Neavling

    Source link

  • Worthy promises deeper look at past convictions after system failures exposed – Detroit Metro Times

    [ad_1]

    Wayne County Prosecutor Kym Worthy said Monday she plans to conduct more sweeping, system-wide reviews of past convictions after a newly released report detailed how an innocent Detroit man spent nearly nine years in prison for a crime he didn’t commit.

    The report lays out how numerous failures across the justice system led to the wrongful conviction of Eric Anderson, who was arrested in 2010 based solely on a single eyewitness identification later found to be unreliable. Anderson was exonerated in 2019 after another man confessed.

    “I think when mistakes are made it’s prudent to determine how and why they were made to ensure they are not made in the future,” Worthy said at a news conference Monday. “I like that this review is done in a blame-free environment to get to the heart of the problem. I am hopeful that the adoption of these recommendations will help prevent future wrongful convictions and increase public confidence in the criminal justice system.”  

    The 54-page review was conducted by the Wayne County Sentinel Event Review Team, a first-of-its-kind coalition of prosecutors, Detroit police, defense attorneys, judges, and innocence advocates coordinated by the University of Pennsylvania’s Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania Carey Law School, a nonpartisan group designed to prevent errors in the criminal justice system. The group spent 18 months reviewing every stage of Anderson’s case, from an uncorroborated, high-risk identification to rushed pretrial hearings and missed investigative steps, to determine how each part of the system failed.

    Eric Anderson (left) served nine years in prison after he was wrongfully convicted of armed robbery, and Eron Shellman served 32 years in prison after he was wrongfully convicted of murder. Today the men support the work of the Organization of Exonerees, which held its third annual gala Oct. 27 in Detroit. Credit: Courtesy photo

    “By bringing stakeholders together across agencies, we can trace how a case progressed through the system, identify the points where checks and balances failed, and develop reforms that strengthen accuracy at every level,” John Hollway, senior advisor to the Quattrone Center, said. “This process was not adversarial. Everyone came to the table wanting to learn.”

    The review identified 40 contributing factors and 25 recommendations, including strengthening eyewitness identification procedures, improving investigative documentation, exploring alibi evidence earlier, enhancing training for attorneys, and ensuring key witnesses are secured before trial.

    Valerie Newman, director of the Prosecutor’s Office’s Conviction Integrity Unit, called the process “prickly at times” but necessary.

    “Mr. Anderson’s wrongful conviction resulted from systemic breakdowns despite the good-faith efforts of police, prosecutors, defense attorneys, judges, and jurors,” Newman said. “The review underscores that eyewitness misidentification remains one of the most powerful drivers of wrongful conviction. Strengthening procedures around identifications is essential to ensuring that the system protects the innocent and holds the guilty accountable.”

    Worthy launched the Conviction Integrity Unit in 2017. Since then, the office has secured relief for 43 people, most of whom were serving life sentences.

    “We do over 60% of all the cases in the state,” Worthy said of her office’s criminal case load. “We can always be better and do better, and we are committed to doing so.”

    Detroit Police Chief Todd Bettison said the department welcomes the scrutiny.

    “My mantra is continuous improvement,” Bettison said. “I welcomed the review from the beginning. I’m all in. I would encourage other law enforcement agencies to do the same.”

    Newman said the importance of such reviews is learning what went wrong.  

    “We have to learn the lessons,” Newman said. “Nobody becomes a police officer or a prosecutor to put an innocent person in prison. But these mistakes happen.”

    Even as Worthy pledged more systemic reviews, families of men convicted under controversial former Detroit homicide detective Barbara Simon say they’re still waiting for the same level of transparency and urgency.

    Simon has been accused in lawsuits of using coercive interrogations, fabricating evidence, and relying on unconstitutional tactics that have led to at least 18 federal lawsuits, according to a complaint filed with the U.S. Department of Justice. Four of those lawsuits have cost taxpayers roughly $25 million in taxpayer-funded settlements

    More than a year after Metro Times exposed widespread misconduct tied to Simon, and after Wayne County acknowledged that thousands of old case files were illegally destroyed before Worthy took office, families say they’ve seen little movement.

    In a new civil rights complaint filed with the DOJ, exoneree Lamarr Monson, who was wrongfully convicted based on a false confession Simon secured, warns that dozens of people remain imprisoned because of her tactics.

    “To this day, men whose convictions were tied to Simon remain incarcerated, unable to secure justice due to lost files, missing evidence, and institutional resistance,” Monson wrote. “Simon’s history is not an anomaly — it is symptomatic of a department that rewarded abusive tactics while ignoring accountability.”

    Advocates say the sweeping review of Anderson’s case shows what can happen when police, prosecutors, courts, and defense agencies collaborate honestly to figure out what went wrong. Now they want the same commitment applied to Simon-linked convictions, many of which cannot be fully reviewed because critical records were destroyed under former prosecutor Mike Duggan, Detroit’s current mayor.

    Worthy said she is reviewing patterns and trends and remains committed to freeing the innocent, but families say they are still waiting for concrete action.

    Protesters gathered outside the prosecutor’s office in October to call on Worthy’s office to meet with the families of inmates who say they were wrongfully convicted because of Simon. Worthy offered to meet with them but has since backed down. 

    Mark Craighead, who was exonerated in 2022 for a murder he didn’t commit, says Worthy’s office has an obligation to investigate all of Simon’s cases. 

    “It seems like Worthy forgot about Barbara Simon,” Craighead tells Metro Times. “But we haven’t forgotten, and we’re calling on the prosecutor to meet with the families. Too many innocent people are in prison because of Barbara Simon.” 

    Worthy didn’t mention Simon by name, but said the CIU is reviewing cases tied “that have patterns and trends.” 

    “I welcome more of these types of cases,” Worthy said. “My job is to ensure no one else has to go through what Mr. Anderson did.”

    For many families still fighting to overturn wrongful convictions, that promise may now be the most important part of the report.


    [ad_2]

    Steve Neavling

    Source link

  • Civil rights complaint targets Detroit police misconduct and Wayne County records purge

    [ad_1]

    Overview:

    Exonerees are calling for a “full federal investigation” of destroyed case files and the harsh actions of a homicide detective.

    A civil rights complaint is urging the U.S. Department of Justice to investigate Detroit’s wrongful convictions and Wayne County’s illegal record purge that advocates say landed numerous innocent people in prison and blocked exonerations. 

    In a letter sent to the DOJ’s Civil Rights Division, Freedom Ain’t Free, a Detroit-based nonprofit led by two exonerees, is asking for a “full federal investigation” under the Justice Department’s police misconduct authority. 

    “The people of Detroit deserve transparency and justice,” the complaint says, adding that years of “unchecked prosecutorial misconduct” and “abusive practices” have disproportionately harmed Black defendants.

    Central to the complaint is retired Detroit Police Homicide Detective Barbara Simon, whose deceptive and coercive interrogation tactics were the subject of a two-part Metro Times series in July 2024. Simon’s techniques led to at least four exonerations and five lawsuits, which so far have cost taxpayers about $25 million. All of the men were charged with murder, and some of them falsely confessed after they say Simon illegally isolated suspects without access to attorneys or phones, fabricated evidence, and threatened life prison sentences unless they signed statements she drafted.

    The letter cites 11 inmates who have reached out to Freedom Ain’t Free, saying they were also victimized by Simon’s tactics. 

    “This list demonstrates that Simon’s misconduct is not a matter of history alone, but an ongoing crisis impacting numerous individuals and families who remain trapped by wrongful convictions,” the letter, written by exoneree Lamarr Monson, states.

    In October 2024, Monson reached an $8.5 million settlement with the city after he alleged Simon tricked him into falsely confessing. Based solely on that false confession, Monson was convicted of second-degree murder in the death of a 12-year-old at a drug house in Detroit. He was 24 years old at the time and was sentenced to 30 to 50 years in prison.  

    According to the letter, Simon has been sued at least 18 times in federal court. Michigan courts, including the state Supreme Court, “have already found statements obtained by Simon to be unreliable and her credibility deeply compromised.”

    The complaint spotlights the case of Mark Craighead, who was convicted in 2002 and later won relief after new evidence showed a “common scheme of coercion and falsification.” Craighead alleged Simon told him he would “spend the rest of his life in prison if he did not sign” a confession written by the detective.  

    Under duress, Craighead signed the confession and was convicted of manslaughter in 2002. He was freed from prison in 2009 and exonerated in 2022.

    The letter also calls for an investigation into the illegal destruction of felony and misdemeanor case files when Detroit Mayor Mike Duggan was the elected county prosecutor. Between 2001 and 2004, while Duggan was prosecutor, most if not all records from 1995 and earlier were allegedly destroyed in violation of state law. 

    The records contained a wealth of vital information, including police and forensic reports, lab results, transcripts, video recordings, and witness statements, all of which are essential for mounting a defense against wrongful convictions. What makes the file purge especially concerning is that it involved records from a deeply troubling era in Detroit’s Homicide Division, a time plagued by rampant misconduct, false confessions, constitutional abuses of witnesses and suspects, and a widespread federal investigation. In the 1980s and 1990s, the misconduct among police, especially homicide detectives, was so pervasive and egregious that the DOJ demanded reforms to avoid a costly lawsuit while Duggan was the county prosecutor.

    Duggan has repeatedly denied that his office was behind the destruction of records. 

    Freedom Ain’t Free says the missing files have impeded innocence claims and post-conviction reviews, including work by the Wayne County Conviction Integrity Unit (CIU), which was created in 2018 and has secured at least 15 exonerations since then. 

    The complaint points to incarcerated people like Carl Hubbard, who was sentenced to life in prison in 1992 without any physical evidence and “cannot prove his innocence after his case file vanished.” It also argues that the wholesale destruction of records undermines due-process rights under the Fifth and Fourteenth Amendments and constitutes obstruction of justice. 

    As Metro Times previously reported, Wayne County officials have acknowledged that large swaths of older prosecutor files cannot be found. Current Prosecutor Kym Worthy’s office has said the purge occurred before she took office in 2004 and has hampered appeals and CIU work. 

    The complaint alleges that Detroit murder cases in the 1980s and ’90s were rife with coerced confessions, witness intimidation, and Brady violations, or when prosecutors fail to disclose evidence. It cites more than 30 wrongful convictions from that era and notes that “no officers, prosecutors, or officials have faced discipline, demotion, or termination.”

    The filing highlights three recurring problems: 

    • Reliance on jailhouse informants and scripted statements later recanted or disproved.
    • Detectives “concealed” leads and evidence in separate files that were not turned over to the defense. 
    • About 88% of exonerees from these cases are Black men. 

    The Detroit Police Department operated under a federal consent decree beginning in 2003 after the DOJ found unconstitutional arrests, detentions, and interrogation practices. Freedom Ain’t Free argues the civil rights abuses of those years kept innocent people in prison, particularly those with missing case files.

    The complaint requests subpoenas for records tied to the record purge, a review of convictions linked to discredited officers and jailhouse informants, and a top-to-bottom audit of cases that involved Simon. 

    “The people of Detroit deserve transparency and justice,” the letter states. “The destruction of evidence, unchecked prosecutorial misconduct, and the abusive practices by detectives such as Barbra Simon have perpetuated a cycle of harm, disproportionately impacting Black communities. We implore the DOJ to act swiftly to restore faith in the rule of law.”

    More than a year after a Metro Times investigation revealed the widespread misconduct of Simon and the destruction of prosecutor files, families of men still imprisoned because of her tainted cases are growing increasingly frustrated with the lack of accountability and action. 

    Worthy has pledged that her office would investigate Simon cases, but despite public promises, protests, and mounting evidence of wrongdoing, Worthy has yet to meet with victims’ families or launch a transparent investigation into their loved ones’ convictions.

    “To this day, men whose convictions were tied to Simon remain incarcerated, unable to secure justice due to lost files, missing evidence, and institutional resistance,” the complaint states. “Simon’s history is not an anomaly — it is symptomatic of a department that rewarded abusive tactics while ignoring accountability.”

    Whether the complaint gets any traction is another question. Under the Trump administration, the Justice Department has pledged to halt oversight of police misconduct cases

    “The DOJ under Biden found police were wantonly assaulting people and that it wasn’t a problem of ‘bad apples’ but of avoidable, department-wide failures,” Jenn Rolnick Borchetta, deputy project director on policing at the American Civil Liberties Union, said in a statement. “By turning its back on police abuse, Trump’s DOJ is putting communities at risk, and the ACLU is stepping in because people are not safe when police can ignore their civil rights.”


    [ad_2]

    Steve Neavling

    Source link

  • State AG urged to investigate how popular Detroit Democrat avoided mandatory jail time for third DUI

    [ad_1]

    AP Photo/Paul Sancya

    Wayne County Prosecutor Kym Worthy is under fire for her office’s handling of a third drunk driving case against Wayne County Commissioner Jonathan Kinloch.

    Local activist Robert Davis is calling on Michigan Attorney General Dana Nessel to investigate how Wayne County Commissioner Jonathan Kinloch dodged a mandatory jail sentence after pleading guilty to his third drunk driving offense in 2005.

    In a letter sent Thursday to Nessel’s office, Davis argued that the Wayne County Prosecutor’s Office “blatantly failed” to enforce a plea agreement that required Kinloch to serve 30 days in jail in 2005. Instead, Kinloch was released from six months of non-reporting probation in early 2006 without serving the mandatory time.

    “The Wayne County Prosecutor’s Office’s blatant failure to enforce the sentencing agreement and plea agreement constitutes misconduct,” Davis wrote. “The Attorney General must investigate and take supervisory control due to misconduct committed by the Wayne County Prosecutor’s Office in Kinloch’s felony DUI case.”

    Davis pointed to court records showing that then-Circuit Court Judge Vonda Evans approved a probation officer’s unusual request to discharge Kinloch early and eliminate his 30-day jail requirement. When the prosecutor’s office belatedly sought to enforce the sentence in 2007, Evans granted the request. But no one followed through, and Kinloch never went to jail.

    “Despite Judge Evans’ January 9, 2008 Opinion and Order GRANTING the Wayne County Prosecutor’s motion to enforce the sentencing agreement, since that order’s entry, the Wayne County Prosecutor’s Office has NEVER sought to enforce the sentencing agreement and plea agreement that required Mr. Kinloch to serve 30-days in the Wayne County Jail,” Davis wrote.

    In a statement to Metro Times on Friday, the Wayne County Prosecutor’s Office spokesperson Maria Miller said, “Prosecutor [Kym] Worthy will not dignify the request with a response.”

    A spokesperson for the Michigan Attorney General’s Office said in a statement Friday that the case is best handled by Wayne County prosecutors unless Davis files a former complaint that alleges criminal wrongdoing.

    “As this matter was handled by the Wayne County Prosecutor’s Office, I must refer you to that office for further insights into the handling of this case,” AG spokesperson Danny Wimmer said. “If Mr. Davis intends to allege specific criminal wrongdoing, I believe he is aware of the process to formally file a criminal complaint with this department.”

    The case resurfaced last month when Metro Times reported that Kinloch, a powerful Detroit Democrat, never served jail time. Prosecutors at the time acknowledged the problem but let the issue quietly drop after media scrutiny faded.

    In the letter, Davis noted that then-Assistant Prosecutors Paul Bernier and Jeffrey Caminsky urged Wayne County Circuit Judge Vonda R. Evans to enforce the jail sentence. It’s unclear what became of those requests, and Metro Times couldn’t immediately reach Bernier or Caminsky.

    Kinloch, 56, has long been a fixture in Detroit politics. He was appointed to the Wayne County Board of Commissioners in 2021 and won a four-year term the following year. Detroit Mayor Mike Duggan named him to the Board of Water Commissioners in 2018, a position he still holds. He also serves as chairman of the Detroit/Wayne County Port Authority, is vice chair of the Michigan Democratic Party, and heads the Democratic Party’s 13th Congressional District. Over the years he has also sat on the Wayne County Housing Commission, the Detroit Library Commission, the Wayne County Board of Canvassers, and the county’s planning and development department.

    Kinloch is also the brother of Solomon Kinoch, pastor of Triumph Church, who is running for mayor in the general election against City Council President Mary Sheffield.

    In an interview last month, Kinloch told Metro Times he pulled no strings and that the probation department recommended his release from jail.

    “It was a scary time, and it was 20 years ago, and I did everything the court required of me,” Kinloch said.

    In his letter to the AG’s office, Davis alleged “Kinloch has bragged openly about how his political connections and influence allowed him not to serve the mandatory 30-day jail sentence.”

    Metro Times couldn’t immediately reach Kinloch for a response.

    Davis recently sued Detroit police and Wayne County prosecutors after both failed to timely disclose records about the case under the Freedom of Information Act.

    Last month, a Detroit man alleged wrongdoing after prosecutors dismissed a case against a woman accused of falsely accusing her daughter’s father of molesting her child. The ex-partner, Taylor Clark, is the granddaughter of retired Wayne County Circuit Judge Michael Hathaway, whose cousin Richard Hathaway is the chief assistant at the Wayne County Prosecutor’s Office. Clark lives with Michael Hathaway in a luxury apartment in Royal Oak, according to court records. She has resided with the former judge since she was 15, according to her ex-partner, who asked not to be identified because of the severity of the allegations that Clark leveled against him.

    Worthy said she had been unaware of the allegations and would recuse her office from the case. But she denied that any of the Hathaways were involved in dismissing the case.

    [ad_2]

    Steve Neavling

    Source link

  • Politically connected Democrat Jonathan Kinloch avoided mandatory jail sentence after third drunk driving arrest

    [ad_1]

    Detroit/Wayne County Port Authority

    Wayne County Commissioner Jonathan Kinloch.

    Wayne County Commissioner Jonathan Kinloch, a longtime political activist and Detroit Democrat, never served a 30-day jail sentence after getting busted for his third drunk driving in a little over three years in 2003, Metro Times has learned.

    Records show that a judge and the Wayne County Prosecutor’s Office mishandled Kinloch’s sentencing, allowing him to avoid jail even though state law required him to spend at least 30 days behind bars. From the beginning, the case was riddled with errors, eyebrow-raising decisions, and false promises.

    While the arrest was 20 years ago, the case raises serious questions about whether political connections may have shielded Kinloch from consequences that ordinary defendants face.

    Kinloch is the brother of Detroit mayoral candidate Solomon Kinloch, the senior pastor of Detroit-based megachurch Triumph Church. Solomon Kinloch is facing Detroit City Council Mary Sheffield in the November general election after coming in second place in the Aug. 5 primary. Residency questions have plagued his campaign after moving from Oakland County to Detroit in March 2024. He said he was living with his brother in an upscale condo complex downtown.

    The strange case involving Jonathan Kinloch began on Aug. 14, 2003, when Detroit police pulled him over and discovered he was drunk and driving with a suspended license. For reasons that still remain unclear, the Wayne County Prosecutor’s Office didn’t charge Kinloch until February 2005, a year-and-a-half after he was pulled over. He was eventually charged with a felony count of third-offense drunk driving and a misdemeanor count of driving with a suspended license and faced up to five years in prison.

    In a May 26, 2005 letter to the prosecutor, Kinloch requested “a lesser charge,” saying he was “embarrassed and sorry for my horrible choices” and had received out-patient treatment for substance abuse.

    “If the spirit and intent of our drinking laws are to both punish, rehabilitate and stop individuals from drinking and operating a motor vehicle, then it has worked for me,” he wrote.

    At the time, Kinloch was serving on the Detroit Board of Zoning Appeals and was running for a seat on the Detroit school board, which he would win in November 2005.

    In exchange for him pleading guilty to a second-offense misdemeanor charge, the prosecutor’s office dropped the third-offense charge and the misdemeanor for driving with a suspended license.

    Still, state law requires a minimum 30-day sentence for someone convicted of driving drunk for a third time, even if the charge is reduced.

    “If you plead guilty, or if you are found guilty, you will go to jail for at least 30 days,” William Maze, who describes himself as the state’s “leading drunk driving defense attorney,” wrote on his website. “Recently, even the Wayne County Jail has been holding people for the full term. Worse still, many courts impose longer terms. Sixty days for a garden variety OWI 3rd is not unusual, and some judges impose a six month sentence.”

    In September 2005, Wayne County Circuit Judge Vonda R. Evans sentenced Kinloch to 30 days in jail and six months of non-reporting probation. During the hearing, Kinloch said he no longer drinks and pledged “there will be no problems with me, at all,” according to transcripts of the sentencing hearing.

    Evans responded, “I believe that.”

    Instead of ordering him to jail at the sentencing hearing, which is the standard practice, Evans agreed to Kinloch’s request to serve his jail time after his probation was over in September 2005. Then, the judge said, he could serve his jail time “every other weekend.”

    “In light of the fact that you’re taking a new job, this court believes that there’s a necessity that we need to have him there,” Evans said. “And that’s with the city. And so, therefore, the court is going to put that at the end.”

    “You’re going to do this 30 days,” the judge told Kinloch.

    She added, “You have to do that. That is statutorily required.”

    But that’s not what happened. At the urging of the probation department in January 2006, Evans dropped the jail requirement, allowing Kinloch to walk free.

    Then in March 2007, after a Detroit Free Press reporter inquired about the lack of jail time, Wayne Country Prosecutor Kym Worthy insisted her office was never notified of the hearing in which Kinloch’s jail sentence was waived. A day before the article was published, Assistant Prosecutor Paul Bernier filed a motion urging the judge to enforce the sentencing agreement or withdraw the plea deal.

    “A Court that accepts a plea agreement must honor said plea agreement entered into by the Defendant and the Prosecution or allow the party to withdraw the plea,” Assistant Prosecutor Jamie Wittenberg wrote to the court.

    In a follow-up filing in August 2007, the prosecutor’s office said it “was unable to object to the order of termination” and therefore has a right to intervene.

    In January 2008, Evans acknowledged the problem with waiving Kinloch’s sentence and agreed with prosecutors that they could require Kinloch to serve his jail time or withdraw the plea agreement.

    But despite the prosecutors’ harsh language and insistence on forcing Kinloch to serve his sentence, they never followed through, allowing him to dodge jail time after the media stopped asking questions, Metro Times has discovered.

    Suspecting “fraud may have been committed in court,” community activist Robert Davis sought police and court records under the Freedom of Information Act in late July. After getting no response from prosecutors, Detroit police, or the Wayne County Sheriff’s Office within the required 15 business days, Davis filed a lawsuit this week in hopes of forcing the records to be disclosed, but that may not happen.

    “Something nefarious is going on here,” Davis tells Metro Times. “The judge entered an order granting the prosecutor’s motion. Then the prosecutor’s office did nothing.”

    He adds, “Somebody committed fraud on the court. It’s quite obvious.”

    Davis also pointed out that Kinloch’s first name is misspelled in court filings — “Jonathon” — which he says makes it conveniently difficult to find his case online or in court records.

    Kinloch, 56, tells Metro Times he pulled no political strings but was relieved he didn’t have to serve his jail sentence.

    “It was a scary time, and it was 20 years ago, and I did everything the court required of me,” Kinloch says. “The probation department said I had fulfilled my obligations and recommended that [jail time] be deleted from my sentence.”

    Asked about the prosecutors’ role in the case, Kinloch says his lawyer told him that Worthy’s office could not intervene after the judge waived the jail time.

    “I don’t know,” he says. “From what I was told, there was nothing she could do.”

    But there was, and Worthy’s office didn’t act.

    It’s unclear why no action was taken because Worthy’s office declined to comment, citing the FOIA litigation with Davis. But Metro Times’ questions have nothing to do with the search for public records.

    On Friday, Wayne County Assistant Prosecutor Gregory C. Blackburn denied Davis’s request for records, saying, “We were unable to locate any documents related to your request.”

    City spokesman John Roach says Detroit’s law and police departments plan to disclose the records if they still exist, but finding them may not be easy.

    “DPD is in the process of researching this to see what if any records related to this incident still exist, given it took place more than two decades ago,” Roach tells Metro Times. “Once they have the answer, they share with the Law Department whatever they find — or don’t find — for a response. The city processes about 8,000 FOIA requests a year, the majority of them related to DPD.”

    After Davis’s lawsuit was filed, the sheriff’s office responded that it had no records showing that Kinloch spent time in jail.

    According to the judge, Kinloch spent just three days in jail.

    Kinloch was appointed to the Wayne County Board of Commissioners in January 2021 to replace the late Jewel Ware. He was elected to a four-year term last year.

    Detroit Mayor Mike Duggan appointed Kinloch to the Detroit Board of Water Commissioners in April 2018, a position he still holds. Kinloch is also the chairman of the Democratic Party’s 13th Congressional District, chairman of the Detroit/Wayne County Port Authority, a member of the Wayne County Housing Commission, and a vice chairman of the Michigan Democratic Party.

    He previously served as a liaison to Gov. Gretchen Whitmer and held seats on the Detroit Library Commission, Wayne County Planning and Development, and Wayne County Board of Canvassers.

    [ad_2]

    Steve Neavling

    Source link

  • 3 charged in fatal shooting of 6-year-old Detroit boy

    [ad_1]

    Three people have been charged in connection with the fatal shooting of 6-year-old Rylee Love of Detroit, according to a news release from Wayne County Prosecutor Kym Worthy.

    Worthy announced Demontrel Benard Wilson, 30, Deonate Cornealous Cherry, 28 and Terrance Jaland Blue, 28, all of Detroit, have been charged in the shooting.

    According to Worthy, it is alleged that the defendants produced and fired handguns multiple times from a vehicle into a group of people standing near the intersection of Anglin Street and Stender Avenue. Stray bullets allegedly entered the residence in the 17400 block of Anglin Street, striking Rylee who was playing inside the house.

    Frames photos honoring 6-year-old Rylee are displayed in a parking lot during a rally on Joseph Campau Street in Detroit on Friday, Aug. 1, 2025. Rylee was killed when a bullet from a drive-by shooting struck him while he was inside his home.

    The suspects were arrested Wednesday, Aug. 20.

    Wilson, Cherry and Blue have been charged with conspiracy to commit first degree murder, first degree murder, conspiracy to discharge firearms from a vehicle causing death, weapons-discharging firearms from a vehicle causing death. Wilson and Blue have also been charged with possession of a firearm by a prohibited person.

    Rylee was shot to death in the head by a stray bullet July 27 while he was inside his home in the 17400 block of Anglin Street in Detroit.

    More: Mayor Mike Duggan, Chief Todd Bettison laud feds for helping decrease crime in Detroit

    Police officers had been dispatched to the intersection of Anglin Street and Stender Avenue at about 8:58 p.m. July 27 for a reported shooting. When officers arrived, they were flagged down regarding a child gunshot wound victim.

    Rylee was found in the bedroom of the home with a wound to the head.

    “Rylee Love was the ultimate innocent victim,” Worthy said in the release. “The alleged actions of these defendants directly caused his senseless death. I have said many times that bullets have no eyes or sense of direction. The bullets in this case struck a child playing in his house and he will not see another day.”

    Free Press reporter Andrea May Sahouri contributed to this report.

    This article originally appeared on Detroit Free Press: 3 charged in fatal shooting of 6-year-old Detroit boy Rylee Love

    [ad_2]

    Source link

  • Highland Park teen charged with hate crime, murder of transgender woman in Detroit

    [ad_1]

    Detroit Police Department

    Malique Javon Fails was charged with murdering a transgender woman in Detroit.

    An 18-year-old Highland Park man was charged with homicide and a hate crime Monday in connection with the brutal death of a transgender woman of color whose body was found behind a laundromat in Detroit.

    Malique Javon Fails is accused of fatally assaulting Christina Hayes, 28, of Taylor, on June 21 before robbing her of cash and a cellphone. Police said her body was discovered later that day in an alley on the 17600 block of Woodward.

    Hayes suffered severe injuries to her face and neck, police said.

    A Detroit police investigation led to Fails’s arrest Friday. He was arraigned Monday in 36th District Court on charges of felony murder, larceny from a person, and a hate crime based on gender identity bias. He was ordered held without bond.

    “This case represents a continuing pattern of vicious attacks and murders on trans women of color,” Wayne County Prosecutor Kym Worthy said Monday. “Every single citizen of Wayne County has the right to lead their lives and be safe. We will bring the alleged murderer of Christina Hayes to justice.”

    A probable cause hearing is scheduled for Aug. 26, and a preliminary examination is set for Sept. 2.

    If convicted, Fails faces up to life in prison.

    Nationwide, violence against transgender and gender-expansive people remains alarmingly high. In 2024, at least 32 of those individuals were murdered across the U.S., according to data compiled by the Human Rights Campaign. A study of 229 fatal incidents found that Black transgender women accounted for roughly 78% of all transgender women murdered in the U.S.

    In February, Tahiry Broom, a 29-year-old Black transgender woman, was shot and killed in Detroit. In June 2023, Ashia Davis, another Black transgender woman from Detroit, was shot to death in a hotel. In 2018, Kelly Stough, a Black trans woman, was murdered in Detroit. The killer, former pastor Albert Weathers, later pleaded guilty to second-degree murder and was sentenced to 10 years in prison.

    In 2015, then-Detroit Police James Craig pledged to crack down on crimes against LGBTQ+ people, saying many hate crimes go unreported.

    “People in the LGBT community often don’t report crimes because there traditionally has not been a strong relationship with police,” Craig said. “We want to change that.”

    Craig later appointed Officer Danielle Woods to serve as the department’s LGBTQ+ liaison. She still holds the position.

    [ad_2]

    Steve Neavling

    Source link

  • Powerful Hathaway family accused of helping Royal Oak relative get a felony charge dropped

    [ad_1]

    Steve Neavling

    The Wayne County Prosecutor’s Office is inside the new Wayne County Criminal Justice Center in Detroit.

    A Detroit man says his ex-partner falsely accused him of molesting their daughter and alleges her powerful, politically connected family helped her get a felony charge dismissed for filing a false police report.

    The ex-partner, Taylor Clark, is the granddaughter of retired Wayne County Circuit Judge Michael Hathaway, whose cousin Richard Hathaway is the chief assistant at the Wayne County Prosecutor’s Office. Clark lives with Michael Hathaway in a luxury apartment in Royal Oak, according to court records. She has resided with the former judge since she was 15, according to her ex-partner, who asked not to be identified because of the severity of the allegations that Clark leveled against him.

    On Thursday, after Metro Times asked about the Hathaways’s connection to the case, Wayne County Prosecutor Kym Worthy said through a spokesperson that she had been unaware of the allegations and will recuse her office from the case.

    Worthy “immediately ordered that the paperwork be filed for WCPO to be conflicted out,” spokeswoman Maria Miller said. “We will not handle the case because it falls within our conflict-of-interest policy and to avoid any appearance of impropriety.”

    After a Detroit police investigation into the molestation allegations found evidence that Clark was lying, the prosecutor’s office authorized an arrest warrant and a felony charge against her, according to records. The charge is punishable by up to four years in prison.

    But a few days later, Clark sent her former partner a message, which was obtained by Metro Times, that insists the charge is “going nowhere lol.” A day later, she said in a message to him, “Grandfather asked. He knows the prosecutor.”

    Four days later, Assistant Prosecutor Lisa Halushka informed the ex-partner that a group of prosecutors rescinded the charge after determining there wasn’t enough evidence to proceed. The former partner says both Halushka and Detroit police initially told him there was strong evidence to support the charges. After the case was dropped, he says the Detroit detective who investigated the case told him she has “never seen a prosecutor rescind the charges.”

    “She saw the warrant request and said it was pretty strong,” he says.

    Metro Times couldn’t immediately reach the detective for comment.

    The former partner claims the charge was clearly dropped because of political favoritism. The Hathaway family has deep roots in Michigan’s judicial system. At least six current and retired Wayne County Circuit judges share the Hathaway name, including former Michigan Supreme Court Justice Diane Hathaway, who served time in federal prison for bank fraud.”

    Richard Hathaway, who previously served as a Wayne County Circuit judge and Wayne County treasurer, is the second-ranking official in the prosecutor’s office and has authority over assistant prosecutors.

    Although Clark wrote in a message that her grandfather “knows the prosecutor,” she adamantly denies Michael Hathaway intervened in the case.

    “That’s a lie. It’s crazy,” Clark tells Metro Times. “My grandfather can’t get charges dropped against anyone. And he’s not the type of person who would do that.”

    Clark insists she only mentioned her grandfather because she asked him questions about the legal process.

    On July 17, Clark’s former partner called on the prosecutor’s office to recuse itself, citing the conflict of interest involving the Hathaways and Clark.

    “It is my hope now that you have become aware of these new circumstances that your office will recuse itself from this case and refer this matter to the Michigan State Attorney General Office or another County Prosecutor’s Office so that there is no hint of imparity and that justice may be served,” the ex partner wrote in an email to two prosecutors.

    Thirteen minutes later, one of the prosecutors told him that she “will forward your email to our Public Integrity Unit.”

    Despite the emails, Miller said Worthy was not aware of the allegations.

    “Today is the first time that Prosecutor Worthy was made aware of the connection to our Chief Assistant Richard Hathaway through his relationship to his cousin Judge Michael Hathaway,” Miller said.

    But now that Worthy is aware of the potential conflict, Miller said the prosecutor’s office will no longer handle the case.

    “We are currently waiting for DPD to resubmit the warrant request,” she said. “When we have that we will proceed with the paperwork for WCPO to be disqualified. The office that is appointed to the case will decide the matter.”

    Miller said the case got off to a wrong start, leading to the dismissal of the charge.

    “The case came into the General Warrants Unit when it should have gone to the Special Victim’s Unit,” Miller said. “It was issued by a General Warrant Unit assistant prosecutor. Several days after that happened, it was sent to supervisors who determined it should be in SVU. When the case was reviewed by a supervisor in SVU, it was determined that there was insufficient evidence to sustain the charges, and it was denied and returned to DPD with a request for further investigation.”

    Michael Hathaway was accused of intervening in another case involving his granddaughter in September 2020. During a hearing involving parenting issues with Clark’s former partner in Oakland County Circuit Court’s Family Division, Judge Kameshia D. Gant found Clark in contempt and fined her. Michael Hathaway threatened to report Gant to the Michigan Judicial Tenure Commission, saying she was too tough on his granddaughter, Gant said during another hearing and in a complaint to the chief judge, according to Clark’s former partner.

    Metro Times couldn’t immediately reach Gant for comment.

    In a text message from January, Clark said Michael Hathaway was getting involved in a custody dispute with her daughter’s father.

    “My grandfather who is a judge is on his ass to get things turned around,” she wrote.

    In a statement after her interview with Metro Times, Clark said that her former partner has an ax to grind.

    “We are currently involved in a long-standing custody battle, and his recent actions seem driven by resentment, not truth,” Clark said.

    She added, “This is not a matter of justice or concern for the truth–it’s about revenge.”

    Metro Times was unable to reach Richard and Michael Hathaway.

    [ad_2]

    Steve Neavling

    Source link

  • DDOT bus driver with history of crashes sentenced for killing pedestrian in downtown Detroit

    DDOT bus driver with history of crashes sentenced for killing pedestrian in downtown Detroit

    [ad_1]

    click to enlarge

    City of Detroit

    DDOT bus in downtown Detroit.

    A former Detroit Department of Transportation (DDOT) bus driver who was involved in 19 crashes during her career was sentenced to at least six months in jail Thursday after killing a pedestrian as she crossed a downtown street in June 2023.

    Geraldine Johnson, who had been involved in another fatal bus accident in 2015, received a one-year jail sentence and two years of probation from 36th District Court Judge Lynise Bryant.

    The 61-year-old woman pleaded no contest to a misdemeanor charge of moving violation causing death on Aug. 26.

    Johnson is required to serve the first six months in the Wayne County Jail, and the remainder can be spent outside of jail as long as she adheres to the conditions of her probation.

    Janice Bauer, 67, of Grosse Pointe Park, was walking across the street at a crosswalk near Griswold Street and West Congress when the bus driven by Johnson slammed into her.

    “This case is tragic on every level. Janice Bauer lost her life,” Wayne County Prosecutor Kym Worthy said in a written statement. “The alleged facts are that defendant, Geraldine Johnson, literally ran her over with the city bus she was driving and caused her death.”

    In April 2015, Johnson also fatally plowed into passenger Joey Davis while he was removing his bicycle from a rack at the front of the bus. His family settled a lawsuit against the city for $4.5 million.

    Bauer’s family also filed a wrongful death lawsuit against the city. The case is still in court.

    Johnson worked as a bus driver for 26 years.

    The city said it was unable to fire Johnson because of a clause in the bus driver’s union contract, which bars discipline for employees who have been off the job for more than 18 months. After the 2015 fatal crash, Johnson was on medical leave for two years.

    Detroit is also in the midst of a driver shortage, which often causes lengthy delays for bus riders.

    [ad_2]

    Steve Neavling

    Source link

  • Michigan AG not investigating illegal destruction of Wayne County prosecutor files

    Michigan AG not investigating illegal destruction of Wayne County prosecutor files

    [ad_1]

    click to enlarge

    Steve Neavling

    The Wayne County Prosecutor’s Office is now located at the new Wayne County Criminal Justice Center in Detroit.

    Thousands of files belonging to the Wayne County Prosecutor’s Office were illegally destroyed, but a week after Metro Times reported on the unlawful purge, the Michigan Attorney General’s Office says it is not investigating the case.

    The destruction of prosecutor files has made it exceedingly difficult for wrongfully convicted inmates to demonstrate their innocence.

    Between 2001 and 2004, while Detroit Mayor Mike Duggan was prosecutor, most if not all misdemeanor and felony records from 1995 and earlier were removed from an off-site warehouse and destroyed, according to Wayne County Prosecutor Kym Worthy. During that time, Attorney General Dana Nessel worked in the prosecutor’s office. 

    Duggan adamantly denies he was involved.

    In Michigan, prosecutors are required to retain the files of defendants serving life sentences for at least 50 years or until the inmate dies. Violating the law carries a maximum penalty of two years in prison.

    It’s not entirely clear why Nessel’s office isn’t investigating, but a spokesman says no complaints have been filed.

    “Our department does not have an active investigation into the matter,” Danny Wimmer, spokesperson for Nessel, told Metro Times in a statement Tuesday. “I am unaware of any criminal complaint or request to investigate being filed with or referred to our office.”

    Wimmer has not yet responded to Metro Times’s follow-up questions.

    Any Michigan resident can file a complaint about the destruction of records by filling out this form on the Michigan Attorney General’s website.

    Nessel’s office investigated Duggan’s administration in the past but declined to file charges. In October 2019, the Detroit Office of the Inspector General (OIG) said top officials in Duggan’s administration ordered the deletion of emails related to the nonprofit Make Your Date, which was run by the mayor’s now-wife. But Nessel declined to file charges in April 2021, saying the “facts and evidence in this case simply did not substantiate criminal activity.”

    More than two dozen prisoners interviewed by Metro Times say they are innocent, but the destruction of the prosecutor’s files has severely hindered their ability to get a new trial.

    The file purge involved records from a deeply problematic period in Detroit’s Homicide Division when rampant misconduct, coerced confessions, and constitutional violations by police, particularly homicide detectives, were so widespread that the U.S. Department of Justice intervened, pressing for reforms to avoid a costly lawsuit in the early 2000s. This era of misconduct led to a significant number of wrongful convictions and false confessions, evidenced by a surge in exonerations and court settlements.

    Legal experts say many innocent people remain incarcerated, but the destruction of the prosecutor’s files has compromised many of their cases, leaving some prisoners without a clear path to proving their innocence.

    Eugene McKinney, a 54-year-old Detroiter who has been in prison since he was convicted of arson and first-degree murder in 1997, says he has compelling evidence to prove he’s innocent. But without the prosecutor’s files, he says, he has little recourse.

    Someone needs to be held accountable for the file purge, McKinney says.

    “They need to be prosecuted because they are withholding some important evidence that could exonerate me,” McKinney says from Gus Harrison Correctional Facility in Adrian.

    [ad_2]

    Steve Neavling

    Source link

  • Detroit police buried evidence, and innocent men paid the price

    Detroit police buried evidence, and innocent men paid the price

    [ad_1]

    Last week, we looked at how an illegal document purge in Wayne County Prosecutor’s Office blocks freedom for the wrongfully convicted. This week, we explore how the missing prosecutor files have impacted cases in which police illegally withheld exculpatory evidence.

    The body of Lenny Thompson was found on the side of a road at Rouge Park in Detroit in August 1988, wrapped in layers of curtains, clothing, a bed sheet, and a blanket, and fastened with a rope and a drape.

    Thompson had been stabbed 12 times with a four-inch blade.

    Over the next week, Detroit police illegally arrested 28 potential witnesses without warrants and questioned five more, according to records obtained by Metro Times.

    What detectives gathered were numerous potential motives, contradictory eyewitness accounts, and at least six different suspects.

    Most people described Thompson as a crack dealer with a temper and a lot of enemies. A couple of weeks before he was murdered, he used a machete to chop off the hand of a drug customer who complained that he was shorted in a dope deal with Thompson, according to multiple witnesses. And about a month before Thompson’s body was found, he shot at a man named Jay whose house he had been staying at on Chapel Street on the city’s west side, according to his neighbors, friends, and associates.

    At that house less than a day before Thompson’s body was found, two witnesses told police they saw Jay and his friend carrying what appeared to be a body wrapped in blankets. One of the witnesses, known as Madonna, said she also smelled an awful stench inside the house, and one of the occupants who was “acting strangely” insisted it was from a dead dog.

    Despite these accounts, police and Wayne County prosecutors claimed that Thompson was killed at a different house by other people, including Mark McCloud, who was charged with Thompson’s murder.

    Alarmingly, neither McCloud nor his attorney were informed of the contradictory evidence, despite his constitutional right to access it. He discovered through a public records request that all witness statements challenging the allegations against him had been withheld.

    Police and prosecutors are constitutionally required to turn over exculpatory evidence, which is any information that shows that a defendant is innocent. Defendants who prove that exculpatory evidence was withheld during their trial are entitled to a new one under the U.S. Supreme Court’s Brady v. Maryland ruling. Withholding exculpatory evidence is called a “Brady violation.”

    Of the 33 witnesses questioned by police, only five of them testified at McCloud’s trial, and all of their testimony fit the prosecutor’s narrative.

    Without any physical evidence tying him to the scene, McCloud was convicted of murder and kidnapping and sentenced to life in prison without the possibility of parole.

    About two years ago, with the help of an attorney, Rachel Wolfe, and a private investigator, Scott Lewis, McCloud received a copy of his unredacted police file. It showed that police withheld a secret file that contained interviews with more than two dozen witnesses who threw his guilt into serious question.

    “I would never have come to prison if they turned this information over,” McCloud tells Metro Times from the G. Robert Cotton Correctional Facility in Jackson. “You have no recourse to fight when you have officers withholding exculpatory evidence. I wrote the judge in the case at least 20 times, same with the Detroit Police Department and the prosecutor. And I got nothing.”

    McCloud’s case has been complicated by the fact that the Wayne County Prosecutor’s Office destroyed thousands of records from 1995 and earlier in violation of a state law that requires prosecutors to retain files for at least 50 years, as reported last week by Metro Times. The records were allegedly destroyed when Detroit Mayor Mike Duggan was prosecutor between 2001 and 2004, according to the current prosecutor, Kym Worthy.

    Without those records, McCloud faces a steeper challenge convincing a judge of his innocence. For example, it’s easier for him to prove that police withheld exculpatory evidence from prosecutors if he could compare their files to the police records.

    “It matters in these old cases because we compare the prosecutor files with the police files,” Wolfe says. “As we know in the ’80 and ’90s, [police] set aside miscellaneous files that they didn’t share with the prosecutor. If I don’t have the prosecutor file, I have no idea what they had.”

    Wolfe is asking a judge to overturn the conviction based on the withheld exculpatory evidence.

    “I think the Brady violation is huge. I believe he is innocent,” Wolfe tells Metro Times. “My argument is that he didn’t get a free trial because of the Brady violation, and he couldn’t present the exculpatory information.”

    To strengthen McCloud’s case, Lewis tracked down some of the witnesses who gave statements that contradicted the official version of events. One of them, Derrick Ali, said in an affidavit that he saw two men lugging what appeared to be a heavy, rolled-up rug out of a house where Thompson sold drugs. It was not the house where police and prosecutors alleged Thompson was killed.

    Ali said he was surprised authorities didn’t call him to testify or ask him follow-up questions.

    “I never heard from the police again,” Ali said in the affidavit. “I expected to be called into court to testify but I was never contacted and asked to testify. If I had been asked to testify, I would have testified truthfully to everything that I knew and saw.”

    click to enlarge

    Steve Neavling

    This is the block of Chapel Street where witnesses say they saw two people carrying a heavy, rolled up rug that could have been the body of Lenny Thompson. The block is almost completely vacant now.

    Miscellaneous files

    McCloud is just one of many prisoners to find out that police withheld evidence that may have acquitted them. In the 1980s and 1990s, Detroit homicide detectives illegally withheld records in what they called a “miscellaneous file” that was concealed from prosecutors because it contained exculpatory evidence.

    Although not widely reported in the media, the existence of the miscellaneous files made waves in prisons and the legal system, raising hopes that innocent inmates could now prove they were wrongfully convicted.

    The misconduct was first brought to light in September 1996 when defense attorney Sarah Hunter met surreptitiously with a former FBI agent and a suspended Detroit police officer, Ritchie Harrison, in a parked car outside a Highland Park grocery store. Harrison revealed that Detroit homicide detectives maintained unlawful “miscellaneous files” used to withhold exculpatory evidence in murder cases, according to an affidavit signed by Hunter in 2004, after Harrison and the agent died.

    Harrison also described how officers were instructed to fabricate details and destroy evidence to secure convictions, often framing innocent people in the process.

    The miscellaneous files contained witness statements, alternative case theories, and the names of other suspects, along with potentially exonerating and impeaching evidence that could hurt the police department’s case. For police, the files effectively ensured that only incriminating evidence was presented when they requested that prosecutors file criminal charges.

    When information about the miscellaneous files became known to inmates, defense attorneys, and private investigators in 2004, the police department became inundated with public records requests for the miscellaneous files. And sure enough, the files existed in many cases, and they often included exculpatory evidence.

    But the full extent of the misconduct is unknown, in large part because the destruction of the files has stymied efforts to uncover what police withheld from prosecutors, depriving potentially innocent people of freedom.

    Hunter used the information to help exonerate Dwight Love, a Detroit man who was wrongfully convicted of murder in 1982. Love’s conviction was overturned, and he was granted a new trial in 1997. Although prosecutors initially sought to retry him, the charges were ultimately dismissed in 2001. Love was released but died in Detroit in 2014.

    click to enlarge The body of Lenny Thompson was found on the side of a road at Rouge Park in Detroit in August 1988. - Steve Neavling

    Steve Neavling

    The body of Lenny Thompson was found on the side of a road at Rouge Park in Detroit in August 1988.

    Rampant police misconduct

    For this story, Metro Times interviewed about a dozen inmates who say Detroit police withheld exculpatory evidence in miscellaneous files that were not turned over to the defense. All of the prisoners maintain they’re innocent and that the miscellaneous files would lead to their acquittal if they were charged today.

    Indeed, many of the miscellaneous files obtained by Metro Times contain information that contradicts the prosecutors’ cases. Much of the information is compelling and ultimately denied the young men of their constitutional right to mounting an adequate defense when they were on trial for murder.

    Without access to the prosecutor’s files, the prisoners cannot show whether or not the potentially exculpatory evidence from police was withheld from prosecutors.

    “You really need to get all the cards on the table,” Lewis, an investigative journalist-turned-private investigator, tells Metro Times. “The fact that they withheld all these files creates serious problems, especially if you can’t compare them to the prosecutor’s records.”

    Lewis adds, “The thing that is important for the prosecutor’s file is, if you’re looking for a Brady violation for withholding evidence, you’re looking to see what the prosecutor saw and what’s in the police file that wasn’t in the prosecutor file.”

    During his career as a private investigator, Lewis says he’s handled 15 to 20 cases in which prisoners “told me they got things from the miscellaneous file that they never saw before.”

    The file purge, coupled with the miscellaneous police files, is especially troubling because it involved records from a deeply problematic period in Detroit’s Homicide Division, when rampant misconduct, coerced confessions, and constitutional violations by police, particularly homicide detectives, were so widespread that the U.S. Department of Justice intervened, pressing for reforms to avoid a costly lawsuit in the early 2000s. This era of misconduct led to a significant number of wrongful convictions and false confessions, evidenced by a surge in exonerations and court settlements. Legal experts say many innocent people remain incarcerated, but the destruction of the prosecutor’s files has compromised many of their cases, leaving some prisoners without a clear path to proving their innocence.

    “It was like the Wild West in the ’80s, ’90, and early 2000s,” Lewis says of the police department. “They did whatever the hell they wanted down there. It’s a very serious problem.”

    click to enlarge Wayne County Prosecutor Kym Worthy, right, claims thousands of records from 1995 and earlier where illegally destroyed under her predecessor, now-Detroit Mayor Mike Duggan. - City of Detroit (public domain), Associated Press (Paul Sancya)

    City of Detroit (public domain), Associated Press (Paul Sancya)

    Wayne County Prosecutor Kym Worthy, right, claims thousands of records from 1995 and earlier where illegally destroyed under her predecessor, now-Detroit Mayor Mike Duggan.

    False narratives

    When Tommie Lee Seymore was convicted of first-degree murder and sentenced to life in prison in 1990, he was just 19 years old and adamant that he was innocent.

    Prosecutors built a narrative that Seymore was a drug dealer that killed 26-year-old Nathaniel “Pops” Cunningham after he demanded Seymore’s associates stop selling narcotics. Prosecutors portrayed Cunningham as a good Samaritan who was “trying to rid the community of drugs,” according to trial transcripts.

    But according to police records withheld from Seymore during his trial, Cunningham was far from a moral crusader, and plenty of people had reasons to kill him. He was a drug dealer and had previously been arrested for a jail escape and assaults, including the murder of a gang member in September 1988, the records state.

    “The deceased wasn’t a good guy like they painted,” Seymore says in an interview from the G. Robert Cotton Correctional Facility in Jackson. “Other people wanted him dead.”

    Police withheld compelling evidence that suggested a notorious gang, Best Friends, was responsible for Cunningham’s murder.

    At the time of his death, Cunningham was in the midst of a war against Best Friends, which was known for large-scale drug sales, contract killings, and drive-by shootings, according to police reports. He was previously charged with robbing and murdering one of Best Friends’s members Tommy “Peewee” Hayes, but he was acquitted after the prosecution’s star witness disappeared, according to court records.

    The murder also fit the modus operandi of Best Friends: Cunningham was ambushed and gunned down by an AK-47, and his rear tires were flattened, the hallmarks of the gang’s attacks.

    The gang’s notorious former hitman, Nathaniel “Boone” Craft, who admitted to police that he murdered at least 30 people, swore in an affidavit in January 2020 that Cunningham’s murder fit his and his partner’s operating style.

    “I also determined that this murder exactly fit the method of operation my partner and I used when we committed murders for the Best Friends gang,” Craft said in the affidavit. “We would determine the target’s routine, hide and lie in wait until the victim was leaving and arriving at the location. We always approached the victim’s car from the rear and opened fire with an AK47. The AK47 was powerful enough to go through car doors, seats or anything else that might give the intended victim protection.”

    Craft said his partner in crime, Charles Wilkes, may have murdered Cunningham “because he was in possession of the AK-47 that night.” Wilkes said a simple ballistics test could prove their weapon was used in the murder.

    According to Seymore’s request for a new trial, the miscellaneous files “show an elaborate act of suppression by the DPD to keep Mr. Cunningham’s true criminal arrest record from the defense. The deliberate suppression of evidence by the DPD denied Mr. Seymore of his right to a fair trial. … The suppressed evidence would have given Mr. Seymore an opportunity to present the complete defense.”

    Seymore received the miscellaneous files from the Detroit Police Department in 2017, and he was floored that investigators had withheld evidence that he believes would have acquitted him during his trial.

    Seymore hoped to prove that prosecutors never received the exculpatory evidence but their records have been destroyed. He also wanted to know if prosecutors had additional suspects and motives.

    “Did the prosecutor have that information? Did they withhold that information from me?” Seymore asks.

    In May 2017, Barbara Brown, a public records officer for the prosecutor’s office, revealed in a letter to Lewis, his private investigator, that Seymore’s file was likely “included in the confidential destruction” of records from 1995 and earlier.

    When he first learned about the file purge, Seymore says, “I was devastated, but I wasn’t deterred. I remained vigilant because I still have the miscellaneous files.”

    The Wayne County Prosecutor’s Office recently moved to the Wayne County Criminal Justice Center in Detroit. - Steve Neavling

    Steve Neavling

    The Wayne County Prosecutor’s Office recently moved to the Wayne County Criminal Justice Center in Detroit.

    ‘Moe did it!’

    On Christmas afternoon in 1991, Donald Elliott was engulfed in flames, and his dying words to Detroit firefighters and medics were, “Moe did it, Moe did it,” according to police records.

    Moe is Mario Lee Brown, one of two men eventually convicted of murdering Elliott.

    According to prosecutors, Brown and James Goodman attacked Elliott because he owed them money and wasn’t paying them back. Goodman was allegedly armed with a handgun, beat Elliot, and doused him in charcoal lighter fluid.

    “Light that motherfucker up,” Brown allegedly commanded.

    Using a butane lighter, Goodman set Elliott on fire, prosecutors alleged. Elliott ran to the rear of the house engulfed in flames, which spread to the house and caused significant damage. He was pronounced dead at the hospital.

    After Goodman and Brown were convicted and sentenced to prison, one of the prosecution’s key witnesses cast doubt about his trial testimony, saying in an affidavit that detectives bombarded him with so many lies that he eventually began to believe them. Also, three of the prosecution’s witnesses were “heavy drug users,” Goodman says.

    That’s important, he explains, because there was no physical evidence tying him to the scene.

    According to firefighters and medics who talked to Elliott before his death, he never mentioned Goodman’s name.

    Goodman says he has three witnesses who can confirm he was nowhere near the scene when Elliott was killed.

    But building a case for his innocence has been especially difficult since both the prosecutor’s office and the 36th District Court told him his records were destroyed.

    He wants to prove that prosecutors violated his constitutional rights by denying him a probable cause hearing and that exculpatory evidence was withheld. He has other questions: Whom did Detroit police interview? Were any of the witnesses promised anything in return for their testimony? Were there alternative suspects and motives? Was he offered a plea deal he wasn’t told about?

    “The destroying of my prosecutor’s file has left me with no way to prove my factual innocence,” Goodman says from the G. Robert Cotton Correctional Facility.

    “Since the 36th District Court file and my Wayne County prosecutor’s file have been destroyed, why am I in prison [when] there’s no factual documentation of me being involved with any crime?”

    ‘Why?’

    Even when inmates have compelling evidence that they were wrongfully convicted, they often spend years waiting for a court to take up their case.

    After 30 years in prison, McCloud may finally get his chance to prove his innocence. In April, Wolfe filed a motion requesting the 3rd Circuit Court in Detroit to overturn McCloud’s conviction, citing, among other things, the new evidence discovered in the police department’s miscellaneous files.

    In a hopeful move for McCloud, Wayne County prosecutors conceded that he should receive an evidentiary hearing so a judge can consider the new evidence, Wolfe says.

    McCloud has been waiting for this day since the prison door clicked behind him in February 1989. He says he has pleaded his case in letters to judges, prosecutor, and police “at least 20 times each” for many years, but to no avail.

    Describing the challenges he faced in trying to access his records, McCloud said, “it’s easier to chew nails” than to obtain the police and prosecutor files.

    Now, all he has is time to wait.

    “I just sit in the yard and look up at the sky and just say, ‘Why?’” McCloud somberly adds, “My family wants me home.”

    [ad_2]

    Steve Neavling

    Source link

  • Illegal document purge in Wayne County Prosecutor’s Office blocks freedom for the wrongfully convicted

    Illegal document purge in Wayne County Prosecutor’s Office blocks freedom for the wrongfully convicted

    [ad_1]

    Wayne County illegally destroyed troves of criminal files allegedly when Mayor Mike Duggan was the elected prosecutor, creating a staggering obstacle for wrongfully convicted inmates seeking to prove their innocence, Metro Times has learned.

    Between 2001 and 2004, while Duggan was prosecutor, most if not all misdemeanor and felony records from 1995 and earlier were allegedly removed from an off-site warehouse and destroyed in violation of state law.

    In Michigan, prosecutors are required to retain the files of defendants serving life sentences for at least 50 years or until the inmate dies. Violating the law carries a maximum penalty of two years in prison.

    The records contained a wealth of vital information, including police and forensic reports, lab results, transcripts, video recordings, and witness statements, all of which are essential for mounting a defense against wrongful convictions.

    The file purge was not previously reported. Metro Times learned about it recently in interviews for an ongoing series about wrongful convictions.

    What makes the file purge especially concerning is that it involved records from a deeply troubling era in Detroit’s Homicide Division, a time plagued by rampant misconduct, false confessions, constitutional abuses of witnesses and suspects, and a widespread federal investigation. In the 1980s and 1990s, the misconduct among police, especially homicide detectives, was so pervasive and egregious that the U.S. Department of Justice demanded reforms to avoid a costly lawsuit while Duggan was the county prosecutor.

    The two decades of misconduct produced an alarming number of wrongful convictions and false confessions, as illustrated by a spike in exonerations and court settlements stemming from that era. However, legal experts say many more innocent people are still behind bars, but the destruction of the prosecutor’s records has compromised the integrity of countless convictions, leaving some inmates without a viable path to freedom.

    The purge has also impeded the work of Wayne County Prosecutor Kym Worthy’s Conviction Integrity Unit, which she created in 2018 to investigate claims of wrongful imprisonment.

    Prosecutor points finger at mayor

    How the records came to be destroyed remains somewhat of a mystery, but there are indications of a coverup. A county logbook that registers the destruction of public records appears to have been tampered with, which would also be a crime.

    “There is a logbook that had sections that recorded the numbers of purged files,” the Wayne County Prosecutor’s Office said in a statement to Metro Times. “The record book had the pages 1995 and older removed from the book. We don’t know how that occurred.”

    Worthy, who replaced Duggan as prosecutor in 2004, is pointing the finger at Duggan’s administration. During Duggan’s tenure as prosecutor, employees for his office “were enlisted to locate and purge the files that were on site and located in the off-site storage,” ostensibly to make room for newer records, according to the current prosecutor’s office.

    While Duggan was prosecutor, his staff warned “that purging felony files was extremely ill advised,” according to Worthy’s office.

    When Worthy became prosecutor in July 2004, she said she was notified of the purge and was “astounded.”

    “One of the first issues I had to deal with was the concern that under my predecessor’s administration all files were ordered destroyed that were pre-1995,” Worthy told Metro Times. “I must have had at least 20 people report this to me. It was very well known throughout the office. I was astounded that this even included homicide files! I could not believe it and even to this day, we cannot locate files pre 1995.”

    Worthy added, “This has caused massive problems for us, especially for our Appellate Division and now our Conviction Integrity Unit.”

    In statements to Metro Times, Duggan, who has been mayor since 2014, repeatedly denied involvement in the destruction of files and claimed he had no idea there was even a purge, even though prosecutors routinely rely on those records for appeals, post-trial motions, public records requests, and other routine tasks.

    Some of the destroyed records would have been less than a decade old.

    Asked why she didn’t publicly reveal the file purge when she first took office, Worthy declined to comment.

    If the files were purged during his administration, Duggan suggested, it could have been done without his knowledge by the Wayne County Building Department, which he said exclusively “managed and controlled” the documents at an off-site warehouse.

    “When Prosecutors wanted older files, they filled out a request form and the files were retrieved by the records management staff of the Buildings Department,” Duggan’s spokesman John Roach tells Metro Times. “The Prosecutor’s Office otherwise had no access to, or responsibility for, the management or storage of those files.”

    Worthy’s office took issue with that characterization and said prosecutors are ultimately responsible for safeguarding the files.

    “WCPO had custody, management, and control over the files stored in the warehouse,” according to the statement from the prosecutor’s office. “When assistant prosecutors needed old files it was common for them to search the on-site files and also to go to the actual warehouse with the person who was the administrator of the files to physically search for the files themselves. WCPO’s appellate unit had a vested interest in keeping the files because they were routinely needed to respond to post-trial motions and appeals in state and federal court.”

    Wayne County Executive Warren Evans’s Office, which runs the Building Department, told Metro Times it would look into the claims by Duggan and Worthy but didn’t respond by deadline.

    In a follow-up statement last week, Duggan stood by his contention that he was unaware of the purge and said there’s no credible evidence that he was involved.

    “It is inconceivable that any member of the prosecutor’s office would ever have condoned any destruction of documents in violation of the Michigan Records Retention Act,” Roach said. “If there is a claim that the prosecutor’s staff at some point approved an improper purging, name the staff involved, the date they are claiming it was done, and the process they followed. Absent that, it is impossible to respond to vague memories of unidentified people making claims about actions of unnamed staff more than 20 years ago.”

    It isn’t the only time records vanished in a Duggan administration. In October 2019, the Detroit Office of the Inspector General (OIG) said top officials in Duggan’s administration ordered the deletion of emails related to the nonprofit Make Your Date, which was run by the mayor’s now-wife. Duggan’s administration dodged charges after Michigan Attorney General Dana Nessel said in April 2021 that the “facts and evidence in this case simply did not substantiate criminal activity.”

    In September 2020, Duggan and the city won the annual Golden Padlock Award, which recognizes the most secretive U.S. agency or individual every year, for the intentional destruction of emails.

    click to enlarge

    Steve Neavling

    The Wayne County Prosecutor’s Office recently moved to the Wayne County Criminal Justice Center in Detroit.

    The immeasurable impact

    Whatever the case, the impact of the file purge is far-reaching and profound. Tens of thousands of people, some of them juveniles, have been convicted of felony crimes in Wayne County since the 1980s, when a rise in homicides coincided with alarming reports of widespread police misconduct. Investigations and lawsuits uncovered staggering corruption — from framing suspects and withholding exculpatory evidence to rounding up witnesses and suspects for long periods without a warrant. Over the past two decades, lawsuits filed against the city and its police department for wrongful convictions have cost taxpayers tens of millions of dollars.

    It was a bad time to be accused of a crime, and the police tactics led to a rise in false confessions and exonerations.

    Steve Crane, a private investigator who works on behalf of prisoners who maintain their innocence, says the purge is inexcusable and detrimental to countless prisoners.

    “Wayne County not only failed to protect the public records from destruction, they intentionally destroyed the records, knowing the records contained evidence involving a person’s life imprisonment,” says Crane, who has helped win the release of three wrongfully convicted inmates.

    Without the prosecutor’s files, Crane worries that innocent people are going to remain behind bars.

    “They might spend the rest of their lives in prison because of this,” Crane says. “The last guy we got out, we had prosecutor files. These files are crucial to understanding whether a person is innocent or not.”

    Fighting for freedom

    For inmates like Carl Hubbard, the loss of those files has been devastating. He was convicted of fatally shooting 19-year-old Rodnell Penn in a violence-prone area of Detroit’s east side in 1992, largely based on the prosecution’s key witness, 19-year-old Curtis Collins. On the first day of his trial, Collins recanted and said he incriminated Hubbard because police threatened to jail him for murder and other crimes if he didn’t testify against Hubbard.

    Collins was thrown in jail for two days for perjury, and on the third day of the trial, he returned to the stand and changed his story, saying he saw Hubbard shoot Penn.

    At the age of 28, Hubbard was sentenced to life in prison in September 1992 without any physical evidence tying him to the shooting. He has been fighting for his freedom since and has compiled evidence that he’s innocent: Collins recanted again in a sworn affidavit and said he wasn’t anywhere near the murder scene. Other people signed affidavits saying they saw Collins at another location that night. And a witness to the shooting said he saw someone else pull the trigger.

    The owners of a nearby store, where Collins initially said he saw Hubbard moments before the shooting, said Collins was not in their business that night. They were familiar with Collins because he was banned from the store for previous behavior.

    Hubbard believes he can prove Collins was lying during his testimony, which would be significant because the case hinged on his account. Collins testified that he left the area in a taxi cab after witnessing the shooting.

    Through police records, Hubbard discovered the authorities subpoenaed the cab company to determine if Collins had, in fact, been picked up. But findings from the subpoena were never turned over to his lawyer, Hubbard says, which would constitute a Brady violation, giving him grounds for a new trial. Brady violations occur when prosecutors fail to disclose evidence that could benefit the defense.

    Late last year, Hubbard enlisted a private investigator, Chris VanCompernolle, to retrieve the prosecutor’s files to find out what the subpoena uncovered. But to his dismay, the prosecutor’s office said in a letter in November that the file could not be found.

    “I was hurt,” Hubbard recalls in an interview from Macomb Correctional Facility. “It was a harsh reality, like I was going to die in prison. There was no justice going to be served. I could no longer prove my innocence.”

    Hubbard has been in prison for 32 years, and he’s only seen his daughter once. He has never met his grandson. In January, his mother died.

    “I just want the truth to come out,” Hubbard says. “It’s all I ever wanted.”

    VanCompernolle says the significance of the purged records cannot be overstated.

    “This is a big deal because Carl could spend the rest of his life in prison if he can’t get this information,” VanCompernolle tells Metro Times.

    click to enlarge Clockwise, from upper left: Carl Hubbard, Eugene McKinney, Michon Houston, and Mack Tiggart. - Michigan Department of Corrections

    Michigan Department of Corrections

    Clockwise, from upper left: Carl Hubbard, Eugene McKinney, Michon Houston, and Mack Tiggart.

    Innocence denied

    Attorneys advocating for wrongfully imprisoned clients say the loss of the prosecutor files has created significant challenges. The Michigan Innocence Project, which won the release of 42 falsely convicted people since it was founded at the University of Michigan in 2009, has been unable to acquire Wayne County prosecutor files for dozens of prisoners because the records were destroyed.

    “We’ve had dozens of cases impacted by this,” David A. Moran, co-founder of the Michigan Innocence Clinic, tells Metro Times. “You don’t know what is in them that could help. It’s a serious problem.”

    Without the files, Moran says attorneys try to get as much information as they can from courts, police, and previous defense counsel. But they’ll never know what they’ve missed in the prosecutor’s files, Moran says.

    Worthy’s Conviction Integrity Unit, which is tasked with freeing innocent inmates, is also encountering setbacks. Since the unit was created in 2018, 38 inmates have been either exonerated or their cases have been dismissed. But the CIU is facing a staffing shortage, and the lack of prosecutor records has posed a significant challenge.

    The CIU has received more than 2,300 requests to review cases since it was created. Of those, the unit has examined a little more than half so far.

    Without the prosecutor’s files, the task is even more daunting and is detracting from other cases, according to the prosecutor’s office.

    “It should be acknowledged that it takes time to reconstruct files that could be spent doing other work,” the office said in its statement.

    Valerie Newman, the CIU director, says that her team has been able to find some documents using other avenues, but overall the file purge has made the unit’s work more difficult and time-consuming.

    Mack Tiggart, who has been in prison since 1989 for a first-degree murder conviction, will never forget when he found out the prosecutor’s files in his case were destroyed. He’d believed he was closer to proving he was innocent and just needed the prosecutor’s file.

    Then in May 2015, he received a letter from the prosecutor’s office, saying the county’s previous version of the CIU “was unable to obtain sufficient materials to make a complete evaluation of your case,” and without the prosecutor files, “no further action … will occur at this time.”

    “I almost had a heart attack,” he recalls in an interview from Muskegon Correctional Facility. “It hurt my mother. She was so upset. It took two or three years for her just to come around. She said Kym Worthy promised my mother and my family that they would pull my files and reexamine them.”

    Tiggart had reasons to be optimistic. In court filings, two firearm experts discredited the ballistic evidence.

    “The examiner’s testimony fell far short of what is scientifically reliable in the field of ballistics technology,” Tiggart’s attorney Roberto Guzman said in a letter to Worthy in September 2013. “His opinion was garbage, particularly since no laboratory analysis was done on the confiscated evidence to support that opinion.”

    Police also lost evidence. The contested ballistic analysis went missing, and the prosecutor’s records had been destroyed, making it virtually impossible for Tiggart to prove his gun was not used in the murder, despite expert witnesses saying it almost certainly wasn’t.

    One of the primary reasons Tiggart’s records are so important is because Michigan State Police exposed an alarming amount of botched ballistic testing at Detroit’s crime lab. The lab was forced to close in 2008, and Worthy’s office pledged to reexamine numerous cases after an MSP audit of 200 cases found that 10% of the ballistic test results were erroneous.

    In cases that were botched, the prosecutor’s files could contain evidence that shows erroneous data was used for a conviction, defense attorneys say.

    In June 2005, Tiggart’s co-defendant Cornelius Stanley was dying and swore in an affidavit that he had “framed” Tiggart because police had “coerced” him and threatened to charge his sister with murder if he didn’t implicate Tiggart.

    “I shot Eric Wheeler and framed Mack Tiggart to protect myself, my sister and her two children,” Stanley wrote. “But now I am at death’s door. I am afraid to face GOD knowing that lies condemn Mack Tiggart to life in jail and he and my sister did nothing but help me when I was down on my luck.”

    During a 2009 city council meeting, Worthy said she planned to reexamine many of the cases built on ballistic testing and assured one of Tiggart’s daughters that prosecutors would review his case.

    Tiggart, who is now 68, has been waiting ever since.

    On Memorial Day in 2022, Tiggart’s first daughter, Amanda, died from a massive seizure at the age of 44. Three months later, he says his mother died from a “broken heart.”

    Before she died, Tiggart says his mother told him, “Don’t ever stop fighting for your freedom. The day will come when God will send the right person to help you get out of there. Mama have to go and lay down next to Amanda.”

    Mark Craighead, who was exonerated of murder in 2022 and has been an advocate for innocent prisoners since then, says the illegal destruction of records shines a brighter light on the systematic suppression of evidence that contributed to wrongful convictions.

    “They destroyed these records so you can’t fight them,” Craighead tells Metro Times.” If you have the cards stacked up against you like that, there’s no way you can win your freedom. This shows that there’s corruption from the top to the bottom — from the mayor to the prosecutor’s office, judges, and police department.”

    More than wrongful convictions

    The impact of the destroyed files goes beyond the wrongfully convicted. Prosecutors rely on archived records to glean insight into long-running criminal enterprises, to weigh in on prisoners’ requests for parole, and to file sentencing motions on convicted felons who have committed new crimes.

    When the U.S. Supreme Court ruled in 2016 that mandatory life sentences for children were unconstitutional, the files were used by defendants and prosecutors during resentencing hearings.

    Those files could become paramount again for people convicted at young ages. The Michigan Supreme Court is considering whether to extend its ban on automatic life sentences for 18-year-olds to include 19- and 20-year-olds.

    “In those cases, we still have to look at the circumstances of the offense, the evidence, and the victims have to be contacted,” says Rachel Wolfe, a defense attorney for prisoners who claim they are innocent. “There is so much important information in those files.”

    Prosecutor files are also used by inmates requesting gubernatorial pardons or commutations. Gov. Gretchen Whitmer commuted the sentences of 35 inmates and granted four pardons since becoming governor in 2019. Since 1969, Michigan governors have commuted the sentences of 379 prisoners, including 162 who were convicted of first-degree murder, according to the Michigan Department of Corrections.

    Additional files missing

    Records from 1995 and earlier aren’t the only ones missing. Metro Times interviewed four prisoners whose files were never found for convictions between 1997 and 2003.

    In 2003, when Duggan was prosecutor, Michon Houston was convicted of first-degree murder for the fatal shooting of Carlton Thomas on Detroit’s west side. The conviction was based on the testimonies of two witnesses, but their accounts differed. One of the witnesses, Jovan Antonio Johnson, later recanted, claiming he had been threatened by both the police and the real killer, Lavero Crooks, known on the streets as “Country.” The second witness was Crooks himself.

    In a 2013 affidavit, Johnson said his testimony was false, explaining that Crooks had threatened him into implicating Houston. He also claimed that Crooks orchestrated his arrest in a drug deal shortly after the murder to pressure him into naming Houston as the shooter. Johnson said detectives further coerced him by threatening to charge him with murder if he didn’t comply.

    In 2014, another witness, Tony Miller, came forward with a sworn affidavit, stating he was “completely sure” that Crooks was the shooter, as he had witnessed the crime. However, no one had ever interviewed him about what he saw. Additional testimony in 2021 from another person described Crooks as “wild and violent” and noted that it was common knowledge in the neighborhood that “Country” was responsible for the murder.

    Houston and Crooks had clashed before the killing. According to the 2021 affidavit, Houston believed Crooks’s violent behavior was bringing unnecessary police attention to the neighborhood. Despite these developments, Houston’s attempts to prove his innocence have been hampered by missing records.

    In 2020, Houston sought to obtain his police and prosecutor records but was told they couldn’t be found. The CIU informed him that the recanted testimony alone was insufficient to overturn his conviction without the records.

    Houston, now 44, remains in prison, asking, “How can I prove my innocence without those files?”

    Eugene McKinney is a 54-year-old Detroiter who has been in prison since he was convicted of arson and first-degree murder in 1997.

    McKinney claims he was falsely convicted and that police coerced witnesses to incriminate him in exchange for leniency. He says he had ineffective counsel and that prosecutors violated his constitutional rights by denying him a probable cause hearing.

    But prosecutors have lost his records.

    “Without that file, there’s no evidence that a probable cause hearing was held, even though I know one wasn’t held,” McKinney tells Metro Times. “The prosecutor’s file is really important to me, and I need to get it. Where do I turn to?”

    He added, “There were other witnesses that came forward that said someone else did it. I’m entitled to a new trial because of new evidence from the police department because there was a witness who said the suspects weren’t me.”

    Despite the promising evidence, McKinney feels stuck without the prosecutor’s file. He says someone needs to be held accountable.

    “They need to be prosecuted because they are withholding some important evidence that could exonerate me,” McKinney says.

    Since Worthy became prosecutor, she says she has made it a priority to preserve and safeguard homicide records and “ultimately convinced the county to provide us space to efficiently store files” at a building in Livonia. She says she would never destroy “a homicide file or a violent felony or capital case.”

    Her office is also working on a project to digitize records to make them more accessible.

    Worthy says she knows the importance of retaining the files. In her final six years as an assistant prosecutor, she focused almost entirely on homicide trials.

    “The way I put together cases and trial files were my bread and butter,” Worthy said. “After a case was over, our trial files were to be forever preserved. These files were sacrosanct and trial prosecutors were always concerned when they turned them in that they be kept.”

    Next week: Metro Times explores how the missing prosecutor files have impacted cases in which police illegally withheld exculpatory evidence.

    [ad_2]

    Steve Neavling

    Source link

  • Prosecutor declines to charge Wayne State protesters arrested during pro-Palestine demonstration

    Prosecutor declines to charge Wayne State protesters arrested during pro-Palestine demonstration

    [ad_1]

    click to enlarge

    Steve Neavling

    Wayne State University police arrested several pro-Palestinian activists on Thursday morning.

    Pro-Palestinian protesters who were arrested after setting up an encampment at Wayne State University will not face criminal charges, Wayne County Prosecutor Kym Worthy announced Monday, saying the activists were exercising their First Amendment rights.

    “The right to peacefully protest and demonstrate is deeply woven into the American fabric,” Worthy said in a statement. “The WCPO has thoroughly studied and examined these cases and we have determined that they do not rise to the level of criminal behavior. We will also be asking that the tickets issued to some of the protesters be dismissed.”

    The students were arrested on May 30, the same morning that police tore down the pro-Palestinian encampment.

    Police requested charges against five people who were arrested during the protest, which was organized by the group Students for Justice on Palestine. Worthy said her office reviewed body-worn camera footage from seven officers and determined there was not enough evidence to support criminal charges.

    But that doesn’t mean the students are off the hook. On Sept. 12, Michigan Attorney General Dana Nessel charged 11 people involved in a similar encampment at the University of Michigan after the Washtenaw County Prosecutor’s Office declined to file charges.

    The WSU protest escalated when university cops tore down an encampment and then confronted protesters who were on a public sidewalk.

    At 6:30 a.m., a 22-year-old student was singled out by officers for using a bullhorn as she marched with the crowd. According to the prosecutor’s review, an officer grabbed her from behind, holding onto her bag and jacket, before other officers assisted in taking her to the ground. The student was arrested and charged with trespassing, even though the protest was taking place in an area near the College of Engineering, where protesters had been advised they were allowed to demonstrate.

    While officers were arresting the student, a 53-year-old woman, identified as her mother, tried to intervene, exclaiming, “That’s my daughter!” She was also arrested and charged with trespassing.

    In a related incident, a 19-year-old student, who attempted to hold on to the 53-year-old woman, was arrested, and her hijab was dislodged during the arrest. She was also charged with trespassing.

    “There is insufficient evidence to prove that the three women committed the crime of trespass,” the prosecutor’s office said.

    In a separate incident at 8:15 a.m. on Merrick Street, WSU cops alleged that a 20-year-old woman was cursing at officers while filming them with her phone. It was further claimed that she struck an officer’s shield while gesturing with her arm, which led to her arrest for assault. However, the review of the footage showed that while she was gesturing, she did not make contact with the shield. Prosecutors concluded that no crime had occurred and declined to charge the woman.

    During her arrest, a 24-year-old male protester intervened, attempting to pull her away from police. He was pushed to the ground by officers, and when he stiffened his arms to resist handcuffing, he was arrested for resisting and obstructing an officer. However, the review found that his actions did not rise to the level of a criminal offense, as he was aiding a woman who had not committed a crime.

    Other protesters were issued tickets during the protest, but the prosecutor’s office announced that those citations will also be dismissed.

    In a statement, Worthy emphasized the importance of the right to peaceful protest, but reiterated that violence or non-peaceful behavior will not be tolerated.

    “I want to make it exceedingly clear that this office will not ever tolerate protesters that engage in behavior that is not peaceful or turns violent in any way,” Worthy said. “But that is not present in these cases.”

    [ad_2]

    Steve Neavling

    Source link

  • Exonerated man files criminal complaint against former Detroit detective featured in Metro Times series

    Exonerated man files criminal complaint against former Detroit detective featured in Metro Times series

    [ad_1]

    Mark Craighead, who was exonerated after spending more than seven years in prison for a crime he didn’t commit, filed a criminal complaint Wednesday against the Detroit detective who elicited his false confession in June 2000.

    Craighead alleges former Detective Barbara Simon engaged in a pattern of criminal wrongdoing by committing perjury, illegally detaining suspects for long periods without a warrant, and assaulting and threatening witnesses.

    Simon was the subject of a two-part Metro Times series that exposed her aggressive and illegal tactics that led to false confessions and wrongful imprisonment. In the 1990s and early 2000s, Simon was known as “the closer” because of her knack for gaining confessions and witness statements. Her method of confining young Black men to small rooms at police headquarters for hours without a warrant, making false promises, and lying about evidence that didn’t exist led to the false imprisonment of at least five men.

    Many more innocent people are still behind bars because of her actions, activists and lawyers say.

    Craighead filed the complaint with the Detroit Police Department, alleging cops, prosecutors, and judges looked the other way while Simon repeatedly committed crimes and violated the rights of Black Detroiters.

    “What she did was criminal,” Craighead tells Metro Times. “If one of us did that, we’d be in jail. Yet Barabra Simon is still walking the streets. She should have been arrested.”

    Craighead pointed to a bombshell statement by Wayne County Circuit Court Judge Shannon Walker when she granted him a new trial in February 2021. She said Simon “has a history of falsifying confessions and lying under oath” and that Craighead’s case demonstrated “a common scheme of misconduct.”

    “Not only has this Court already found statements obtained by Simon not to be credible, but so too has the Michigan Supreme Court,” Walker said.

    “This impeachment evidence demonstrates that Simon has repeatedly lied as part of her misconduct, which would allow a jury to evaluate whether to trust her testimony in light of information demonstrating a character of truthfulness,” Walker added.

    The Michigan Court of Appeals agreed with Walker.

    Craighead says the courts’ acknowledgements that Simon committed a pattern of crimes should have prompted an investigation.

    “It’s very powerful,” Craighead says of Walker’s statements. “That tells you that the courts and prosecutors know about her. So why hasn’t she been investigated? Now that I filed a complaint, they have to look into it.”

    At a Detroit Board of Police Commissioners meeting on Thursday, Commissioner Willie Burton asked why DPD wasn’t investigating Simon after the Metro Times series was published in July.

    Deputy Chief Charles Fitzgerald claimed the department was unaware of the allegations, despite the courts’ allegations and those made by numerous suspects and witnesses. In fact, Simon has been sued by four exonerated men, and each lawsuit laid out very specific allegations of criminal misconduct against her. Two of the lawsuits have been settled for an average of $8 million apiece.

    “I have not seen any of these complaints or allegations,” Fitzgerald told Burton.

    Burton responded that the alleged crimes occurred while Simon was a DPD employee and asked whether the department would investigate.

    “If those allegations are brought forward to us, yes, but they have not been,” Fitzgerald said.

    His response prompted Craighead to file the complaint.

    Craighead was assisted in filing the complaint by former police commissioner Reginald Crawford, a former Detroit officer and Wayne County sheriff’s deputy.

    “There can never be justice without accountability,” Crawford tells Metro Times. “DPD and everyone involved needs to be held accountable.”

    The complaint is just the latest action taken in the last month by Craighead, other exonerees, and families of inmates who say they were wrongfully imprisoned because of Simon’s misconduct.

    On Aug. 28, exonerees and family members of inmates marched outside the Wayne County Prosecutor’s Office, demanding an independent investigation of all of Simon’s cases.

    In a written statement, Prosecutor Kym Worthy responded that she has “been working on a monetary way to address this situation.”

    “I will know more after my budget hearing on September 5th,” Worthy said. “I should be able to discuss this in more detail after the hearing.”

    The Michigan Innocence Clinic, which helped free four inmates who were victimized by Simon’s conduct, said many more innocent people are likely in prison because of the former detective.

    “All of the family members I talk to ask me, ‘Why isn’t Barbara Simon in jail?’” Craighead says. “Everyone knew this was happening, and no one did anything about it.”

    In 2000, Simon accused Craighead of fatally shooting his friend three years earlier. He was locked in a small room for hours without a warrant or access to an attorney, food, or phone call. When he refused to incriminate himself, he was held in a vermin-infested jail cell.

    A day later, Craighead says Simon falsely claimed they had evidence tying him to the murder. They did not. He ended up signing a confession that Simon wrote after she claimed he would spend the rest of his life in prison if he didn’t admit to a story she concocted, according to his lawsuit.

    “I was tired, dirty. I had a migraine,” Craighead said on the local podcast ML Soul of Detroit after the Metro Times series ran. “Everything was going wrong. I was terrified.”

    Phone records later showed that Craighead was working at Sam’s Club at the time of the shooting, which resulted in his exoneration.

    [ad_2]

    Steve Neavling

    Source link

  • Families and exonerees rally against former Detroit detective accused of misconduct, wrongful convictions

    Families and exonerees rally against former Detroit detective accused of misconduct, wrongful convictions

    [ad_1]

    Protesters gathered outside the Wayne County Prosecutor’s Office on Wednesday, calling for an independent and extensive review of all cases handled by a former Detroit detective accused of putting innocent Black men behind bars for two decades.

    Demonstrators also urged Prosecutor Kym Worthy to file charges against retired Detective Barbara Simon for allegedly committing perjury and unlawfully detaining suspects and witnesses while working in the homicide division in the 1990s and early 2000s.

    The protest was prompted by a two-part Metro Times series that showed how Simon confined young suspects and witnesses to small rooms at police headquarters for hours without a warrant. She also elicited false confessions and witness statements that were later recanted.

    Four men have been exonerated so far, and a fifth was released before his murder trial because DNA evidence cleared him.

    “We want Barbara Simon locked up,” said Mark Craighead, who was exonerated after spending seven years in prison for a murder he didn’t commit. “She repeatedly committed perjury, illegally detained suspects without warrants, and threatened witnesses.”

    Craighead falsely confessed to fatally shooting his friend in June 1997 after police detained him without a warrant and refused to let him call an attorney. After spending a night in a rodent-infested jail cell, Craighead was worn down and signed a confession written by Simon, who was known as “the closer” because of her ability to secure convictions.

    Protesters chanted, “Free the innocent,” and “No justice, no peace,” while marching outside the new Wayne County Criminal Justice Center in Detroit. They held signs that read, “Kym Worthy is unworthy of your vote,” and, “We want independent investigations.”

    They’re urging Worthy to meet with them.

    After the protest, Worthy told Metro Times in a statement that she is working on a potential solution.

    “I have been working on a monetary way to address this situation,” Worthy said. “I will know more after my budget hearing on September 5th. I should be able to discuss this in more detail after the hearing.”

    Among those marching were relatives of Black men still in prison after Simon handled their cases.

    Latonya Crump’s brother Damon Smith has been behind bars since Simon interrogated him in 1999 for a murder he insists he didn’t commit. He said Simon was belligerent and threatening and told him he’d be charged with pulling the trigger if he didn’t admit his involvement.

    He maintained his innocence, and as a result, he said, he was accused of pulling the trigger. After Smith’s trial, where he was found guilty, Smith’s brother Patrick Roberts, who was a prosecution witness, later recanted in a letter, saying Smith was not involved in the shooting.

    “It’s very frustrating to know that he’s locked up for something he didn’t do,” Crump said. “I want a proper investigation. It’s important that everyone who was improperly convicted get a new trial.”

    Steve Neavling

    Protesters hold up a sign in support of Damon Smith, who has been in prison for 25 years.

    Lamarr Monson, who spent 20 years in prison for a murder he didn’t commit, blames Simon for bungling his investigation in 1996. Like Craighead, Monson had no criminal record, was interrogated for hours by Simon, and was denied access to a phone and a lawyer, according to court records. He was convicted of murder based on a false confession that was later contradicted by evidence that should have been presented at his trial.

    Monson, who was exonerated in 2017, said he owes it to the innocent people still in prison to continue fighting for their release.

    “This is what humanity is about,” Monson said. “Everyone should be fighting for the innocent people in prison. Barbara Simon set up young Black men to go to jail, and she needs to be held accountable.”

    Detroit Police Commissioner Willie Burton said he supports an extensive investigation.

    “This tragic case shows why we need effective oversight in Detroit,” Burton said. “We cannot afford to have even one citizen’s rights violated and wrongfully spend even an hour in jail. I will continue to fight on the Detroit Board of Police Commissioners to ensure we eliminate the backlog of citizen complaint reviews and hold the department accountable.”

    Also among the protesters was former Detroit Police Commissioner Reginald Crawford, who used a megaphone to call on Worthy to meet with demonstrators.

    “Kym Worthy, come down and talk to us,” Crawford said. “Let’s have a conversation. You are stealing the lives of the unlawfully incarcerated.”

    Worthy’s office has a Conviction Integrity Unit (CIU), which is tasked with freeing innocent people from prison, but the unit hasn’t worked on cases related to Simon, despite her troubling history.

    “This exposes the Conviction Integrity Unit for not having integrity if they are not holding people like Barbara Simon accountable,” Crawford said.

    Craighead and other protesters said they don’t plan to stop rallying until a full investigation of Simon’s cases is completed.

    “If we don’t speak out, wrongfully convicted people are going to spend the rest of their lives in prison,” Craighead said. “I get calls all the time from people who say they are innocent and in prison because of Barbara Simon.”

    [ad_2]

    Steve Neavling

    Source link

  • Pressure mounts on Wayne County prosecutor to investigative detective’s misconduct cases featured in Metro Times series

    Pressure mounts on Wayne County prosecutor to investigative detective’s misconduct cases featured in Metro Times series

    [ad_1]

    The Detroit Police Department said it’s “fully committed to cooperating” with prosecutors to review cases handled by a former police detective who terrorized young Black men for nearly two decades.

    The former detective, Barbara Simon, was featured in a two-part series in Metro Times that revealed she had confined young suspects and witnesses to small rooms at police headquarters for hours without a warrant. She elicited false confessions and witness statements that were later recanted.

    So far, four men have been exonerated for murders they didn’t commit, and a fifth was released from jail after DNA showed he wasn’t the killer.

    Attorneys for the Michigan Innocence Clinic, which handled the cases, say many more people are likely imprisoned for murders they didn’t commit because of Simon’s investigative misconduct.

    “If true, the allegations against retired Detective Simon are concerning,” Detroit police spokesperson Dayna Clark told Metro Times in a statement. “The Department is fully committed to cooperating with the Wayne County Prosecutor’s Office’s Conviction Integrity Unit, which is empowered to examine the legitimacy of convictions.”

    However, Wayne County Prosecutor Kym Worthy, who is running unopposed for reelection this year, wasn’t as enthusiastic.

    “It would be irresponsible of me to respond at this time without gathering more information,” Worthy said in a statement. 

    In the series, Metro Times found multiple people still imprisoned who say Simon either coerced them into making false confessions or were convicted based on statements from witnesses who were threatened. Defense attorneys, activists, and private investigators say evidence is strong that more Black men are behind bars after getting interrogated by Simon.

    Only a prosecutor or judge has the authority to reexamine cases involving potentially innocent people. In each of the exoneration cases involving Simon, Worthy’s office tried to prevent the men from getting free, despite overwhelming evidence that they were innocent.

    Worthy launched the Conviction Integrity Unit (CIU) in 2018 to review old cases to determine if people were wrongfully convicted. Since then, 38 inmates were either exonerated or their cases were dismissed as a result of the CIU. A disproportionate number of those cases – 13 – occurred in 2020, the year Worthy was running against a reform-oriented opponent.

    But this year, Worthy is running unopposed, and the CIU has only been involved in getting new trials for two men. Valerie Newman, head of the CIU, acknowledged the unit is understaffed, though she said there were plans to hire more attorneys.

    None of the cases that the CIU intervened in involved Simon, who worked closely with Worthy’s office in the 1990s and early 2000s.

    Simon, who was known as “the closer” because of her knack for gaining confessions and witness statements, was a detective in the 1990s and early 2000s, when the U.S. Department of Justice found that homicide detectives trampled on the constitutional rights of suspects and witnesses for decades to get confessions. According to the DOJ, the department had a history of subjecting suspects and witnesses to false arrests, illegal detentions, and abusive interrogations. Despite what was at stake, the detectives weren’t properly trained, and bad cops were rarely disciplined, the DOJ concluded.

    In 2003, to avoid a massive civil rights lawsuit claiming suspects and witnesses endured false arrests, unlawful detentions, fabricated confessions, excessive force, and unconstitutional conditions of confinement, the Detroit Police Department agreed to DOJ oversight in 2003. Because of the harsh interrogation tactics, DPD agreed in 2006 to videotape interrogations of all suspects in crimes that carry a maximum penalty of life in prison.

    After 13 years of federal government scrutiny, the DOJ finally ended its oversight, but only after DPD agreed to sweeping changes in a consent decree to overhaul its arrest, interrogation, and detention policies. Detectives could no longer round up witnesses and force them to answer questions at police precincts and headquarters.

    At no point since those findings have prosecutors or police tried to reexamine the cases during that troubling period.

    And, it’s unclear why Worthy is not pursuing those cases. Other cities, including New York and Chicago, have conducted wholesale investigations of corrupt detectives, leading to numerous exonerations.

    In response to the Metro Times series, the Detroit Board of Police Commissioners called on the police department to conduct a thorough investigation of all of Simon’s cases. Detroit Police Deputy Chief Tiffany Stewart responded that it’s ultimately the CIU’s responsibility to review the cases.

    Worthy told Metro Times on Monday, “With all due respect, DC Stewart is not in a position to task the CIU with work.”

    Mark Craighead, who was exonerated in 2022 after spending more than seven years in prison for a murder he didn’t commit, says Worthy has a moral responsibility to review Simon’s cases.

    “I think it’s important for both the police department and prosecutors to work together to get this done,” Craighead tells Metro Times. “Those entities have the capability to right the wrongs, and the police can’t do it alone. They have to get the prosecutors involved.”

    In June 2000, without a warrant, Simon confined Craighead to a small room at police headquarters for hours, denying him access to an attorney, phone call, food, or water, he said in a lawsuit against the city. When he refused to speak, he was forced to spend the night in a vermin-infested jail cell.

    The next morning, Simon claimed she had evidence tying Craighead to the murder, which turned out to be untrue, and she coerced him into falsely confessing to accidentally shooting his friend during a fight, according to his lawsuit. The false confession was contradicted by forensic evidence, which showed his friend was shot four times in the back execution-style from a distance of at least two feet.

    Phone records later showed Craighead was nowhere near his friend when he was murdered.

    Craighead says he’s disappointed with Worthy.

    “She’s unwilling to budge, and that’s a problem,” he says. “For the young guys in prison, they need this. The evidence is indisputable that they are innocent. Why can’t the prosecutor see this? She’s unwilling to.”

    Craighead and the Metro Times series were featured in a nearly 90-minute episode this week on ML Soul of Detroit, a podcast by Pulitzer Prize-winning reporter M.L. Elrick.

    Detroit police say they have cleaned up the homicide division when they signed an agreement with the Department of Justice in the early 2000s.

    “Many of the issues underlying the practices of concern were addressed by the city in the course of its two consent judgements,” Clark says.

    [ad_2]

    Steve Neavling

    Source link

  • Metro Times investigation leads Detroit police commissioners to demand probe into ex-detective’s cases

    Metro Times investigation leads Detroit police commissioners to demand probe into ex-detective’s cases

    [ad_1]

    Detroit police commissioners are calling for an internal, full-scale investigation of cases handled by a former Detroit detective after Metro Times published a two-part series exposing her aggressive and illegal tactics that led to false confessions and wrongful imprisonments.

    In the 1990s and early 2000s, Barbara Simon was known as “the closer” because of her knack for gaining confessions and witness statements. Her method of confining young Black men to small rooms at police headquarters for hours without a warrant, making false promises, and lying about evidence that didn’t exist led to the false imprisonment of at least five men.

    Many more innocent people are still behind bars because of her tactics, activists and lawyers say.

    At a Detroit Board of Police Commissioners meeting Thursday, commissioners called on the department to review the hundreds of cases handled by Simon, who retired in 2010.

    “This has to be taken very, very seriously,” Detroit Board of Police Commissioners Chairman Darryl Woods tells Metro Times. “You don’t just read an article on this level. This is not a situation where we should sit back and watch. We need to take a close look at this. Do your due diligence and see if anything bad happened on the watch of the Detroit Police Department.”

    Detroit Police Deputy Chief Tiffany Stewart told commissioners that she “did read a portion of part one” of the series and said that the responsibility to investigate Simon’s cases ultimately falls on the Wayne County Prosecutor’s Office, which has a conviction integrity unit (CIU) tasked with freeing innocent people from prison.

    “The Wayne County Prosecutor’s Office has a conviction integrity unit, and that is actually spearheaded through their unit,” Stewart said. “Prisoners who have appeals or concerns with their case can navigate to this unit to work in concert with the Wayne County Prosecutor’s Office, and they will pull the case, investigate it, and make a determination from that point.”

    Problem is, that unit is understaffed and has only dismissed three cases since January 2023, and none of those cases involved Simon. In fact, the prosecutor’s office fought to keep men in prison who were ultimately exonerated because of Simon’s handling of the investigations.

    Metro Times is awaiting a response from the prosecutor’s office.

    Police Commissioner Ricardo Moore, who first called on an internal investigation of Simon’s cases Thursday, says he disagrees that the responsibility only lies with the prosecutor’s office since the detective worked for DPD.

    “It seemed shocking to me that the department saw complaints of a pattern of behavior and wouldn’t want to review the cases and make a recommendation to the prosecutor’s office,” Moore tells Metro Times. “I think it’s worth the department investigating the actions themselves instead of punting to the prosecutor’s office.”

    Former Police Commissioner Reginald Crawford agrees and says DPD has a responsibility to determine if its detective violated the law to elicit false confessions and witness statements.

    “Prosecute everyone responsible for wrongful convictions,” Crawford tells Metro Times. “Detroit police commissioners should call on the Wayne County prosecutor and police chief to investigate and prosecute all responsible for wrongful convictions. … There’s no justice for the wrongfully convicted until all are held accountable.”

    At the commission meeting, Eric Blount, a minister at Sacred Heart Catholic Church in Detroit, compared Simon’s actions to the Algiers Motel massacre in July 1967, when three Black teenage boys were killed by a task force composed of Detroit cops, Michigan State Police, and the Michigan Army National Guard. Blount said the Metro Times series detailed “the evilness that a detective perpetrated against this community time and time again and affected people’s lives.”

    “When you do something that evil, you affect that person, that family, that community, that city, that state. The world hurts when you do something like that,” Blount said.

    click to enlarge

    Steve Neavling

    Mark Craighead and Lamarr Monson were exonerated after it was found that Detective Barbara Simon used deceptive and coercive interrogation techniques on them.

    Mark Craighead, who was exonerated in 2022 of a murder he didn’t commit after he falsely confessed under pressure from Simon, says DPD has a moral responsibility to investigate their former detective’s actions. Many more innocent people are still in prison, he says, because the police department and prosecutors are refusing to review cases handled by Simon, who has been admonished by judges.

    In February 2021, Wayne County Circuit Court Judge Shannon Walker granted Craighead a new trial and said Simon “has a history of falsifying confessions and lying under oath” and that new evidence in his case “establishes a common scheme of misconduct.”

    Craighead says the entire justice system is failing innocent people still behind bars.

    “Freedom ain’t free. There is no justice in the justice system,” Craighead says, calling Simon’s actions “Black-on-Black crime.”

    “There’s corruption from the top to the bottom,” he says. “There are so many eyes that have been closed, ears that have been closed, and heads that have been turned. There are so many young Black innocent men still in prison because of Barbara Simon.”

    Craighead adds, “It’s the responsibility of the police department, the prosecutors, and the judges to look into these cases. They have all turned a blind eye. All of them have an opportunity to right a wrong.”

    click to enlarge The covers of the two-part Metro Times series The “The Closer.” - Metro Times archives

    Metro Times archives

    The covers of the two-part Metro Times series The “The Closer.”

    A six-month Metro Times investigation found that Simon spent years waging psychological warfare on young Black men accused of murder. In the 1990s and early 2000s, she engaged in investigative misconduct, illegally held suspects without a warrant, denied them access to an attorney or phone call, threatened them, and made false promises of leniency, judges and prosecutors would later determine. Suspects who refused to talk without an attorney were confined to jail cells infested with cockroaches, rats, and other vermin.

    Her tactics led to false confessions and fabricated witness statements.

    Four Black men have been exonerated after defense attorneys showed that Simon elicited false confessions and witness statements that were later recanted. Another man was freed after DNA showed he didn’t commit murder.

    The exonerations have cost taxpayers millions of dollars in lawsuit settlements.

    Defense attorneys and the Michigan Innocence Clinic say many more innocent people are likely still in prison because of Simon’s tactics. But without a comprehensive review of those cases, they will die in prison, the attorneys and clinic say.

    If anyone has a reason to distrust the Detroit Police Department in the 1990s, it’s Woods. He spent nearly 29 years in prison for a murder he says he didn’t commit. In 2019, Woods was released from prison after former Governor Rick Snyder commuted his sentence. A trial judge determined that witnesses in Woods’s case may have committed perjury.

    “It’s vitally an important story,” Woods said of the Metro Times series. “The fact of the matter is, injustices occurred. At the time, there was malicious and willful gross neglect and Gestapo tactics. That doesn’t define the men and women of the Detroit Police Department today. But at the same token, it gives them a black eye.”

    Other cities have conducted extensive examinations of cases tied to unethical detectives, which has led to numerous exonerations in places like New York City and Chicago.

    So far, neither the Detroit Police Department nor the Wayne County Prosecutor’s Office has shown a willingness to dig deeper into cases tied to Simon.

    DPD didn’t respond to a request for a follow-up interview about the police commission’s demands for a thorough review of Simon’s cases.

    [ad_2]

    Steve Neavling

    Source link

  • Michigan Supreme Court orders new trial for mother in 2006 shaken baby case

    Michigan Supreme Court orders new trial for mother in 2006 shaken baby case

    [ad_1]

    A Wayne County woman who spent nearly 20 years in prison for allegedly shaking her child to death has been granted a new trial after the doctor who performed the original autopsy changed his opinion on the cause of death.

    Chazlee Lemons was sentenced to life in prison in 2006 after a judge found her guilty of first-degree murder in the death of her 11-week-old child Nakita Lemon.

    In a 5-2 decision, the Michigan Supreme Court determined it’s probable that a “jury would have a reasonable doubt” about Lemon’s guilt.

    At the original trial, Dr. Bader Cassin, who performed the autopsy, classified the death as shaken baby syndrome, saying the child’s brain was swollen, and she had retinal hemorrhages.

    Cassin changed his opinion in 2017, saying Nakita, who had experienced breathing problems since birth, may have choked on baby formula. During an evidentiary hearing, Cassin said other experts have weighed in and “demonstrated that the forces in shaking are insufficient to produce such an injury.”

    Cassin concluded the manner of death was “indeterminate,” so it could have been natural or accidental.

    A pediatrician, Dr. John Galaznik, also testified that Nakita “had experienced a choking/aspiration event” and that the evidence did “not support an allegation of abusive shaking.”

    The Wayne County Prosecutor’s Office produced its own experts, who said shaken baby syndrome was the likely cause of death.

    In a statement to Metro Times on Wednesday, Prosecutor Kym Worthy said her office plans to retry the case.

    “This child went through unspeakable trauma,” Worthy said. “We are very disheartened by the Michigan Supreme Court majority’s opinion granting a new trial in Lemons. This is especially true in light of defendant’s admission to violently shaking the two-month old victim and the general consensus of the medical community accepting the diagnosis of Shaken Baby Syndrome/Abusive Head Trauma.”

    The Innocence Clinic at the University of Michigan Law School represented Lemons.

    Last week, Metro Times launched “The Closer,” a series of stories about wrongful convictions.

    [ad_2]

    Steve Neavling

    Source link

  • A Detroit detective terrorized young men into making false confessions. Some are still behind bars.

    A Detroit detective terrorized young men into making false confessions. Some are still behind bars.

    [ad_1]

    Part one of a series about wrongful convictions in Detroit.

    The day Mark Craighead lost his freedom for a murder he couldn’t have committed, he just wanted to come home and get some rest. He was tired and hungry.

    But when he arrived at his home in Detroit on that warm, sunny evening in June 2000, two detectives were waiting on his porch and demanded he come downtown for questioning about his friend’s murder three years earlier.

    Chole Pruett, 26, was found fatally shot inside his apartment in Detroit. His 1996 Chevy Tahoe was set ablaze behind an elementary school in Redford Township.

    Craighead had to work at 5 a.m. the following day at a Chrysler plant. But the detectives, despite not having an arrest warrant, insisted he had no choice.

    Craighead, who had no criminal record and coached youth football, had already been interviewed twice by Detroit police, and each time they were satisfied with his answers. But this time was different.

    Waiting at police headquarters downtown was Detective Barbara Simon, an aggressive interrogator who spent years waging psychological warfare on young Black men accused of murder. In the 1990s and early 2000s, she engaged in investigative misconduct, illegally held suspects without a warrant, denied them access to an attorney or phone call, threatened them, and made false promises of leniency, judges and prosecutors would later determine. Suspects who refused to talk without an attorney were confined to jail cells infested with cockroaches, rats, and other vermin.

    Her tactics led to false confessions and fabricated witness statements.

    As Craighead rode in the rear of a squad car wearing shorts and a tank top, he had no idea what he was up against. He wasn’t allowed to call an attorney or make a phone call, according to affidavits and a subsequent lawsuit.

    When they arrived at police headquarters at 1300 Beaubien, Craighead says he was confined for hours to a four-foot by four-foot locked room with a desk and steel grates on the window.

    He was left alone with a growing migraine headache and nothing to eat or drink. When he pounded on the door and demanded to be let out, Simon told him to “sit down and shut up,” Craighead says.

    Without a lawyer present, Craighead had no plans to answer questions.

    But Simon, who was known as “the closer” for obtaining confessions, had another plan that worked with countless other suspects: Frighten him and wear him down.

    When Craighead sat face to face with Simon, he repeatedly refused to answer questions. Simon claimed she had evidence linking him to the murder. Police took him to different rooms and left him alone for hours.

    After 1 a.m., more than seven hours after he was taken into custody without a warrant, a lawyer, or a phone call, Simon told Craighead he would be released and still make it to work for his 5 a.m. shift if he agreed to take a polygraph. If he didn’t, he would remain in custody, Simon told him, according to court records.

    Knowing the fallibility of polygraphs, Craighead took a risk and agreed. He just wanted to go home. Simon escorted him to another building, where he was strapped into a polygraph machine.

    “She gave me no choice,” Craighead said, according to the affidavit. “I would lose my job.”

    After about an hour of questions, Simon told Craighead he failed the polygraph, a conclusion that was later contradicted by another test. Falsely claiming the polygraph was admissible in court, Simon leaned in and said, “Your wife is going to find a new husband and your kids are going to call somebody else daddy if you don’t tell me what you did because you’re going to jail for the rest of your life without parole,” Craighead recalled in a deposition.

    After he refused to confess to a murder that evidence would later show he didn’t commit, Simon placed Craighead in handcuffs and fingerprinted him. When asked if he could go home as promised, Craighead says Simon laughed at him.

    After 4 a.m., Craighead was placed in a cold jail cell with no blanket or pillow. The only place to sit was a wooden bench with screws poking out. Mice and cockroaches scurried about, he says.

    At least he had a chance to use a restroom for the first time since he arrived more than eight hours earlier.

    “I was kind of scared and terrified,” Craighead recalled in a deposition.

    At 11 a.m., a detective escorted Craighead back to the tiny interrogation room where he had sat for hours alone the night before. The officer rebuffed Craighead’s request for an attorney, phone call, and medicine for his migraine, he says.

    Simon walked in and also denied his requests, according to Craighhead.

    “We got you,” Craighead recalled Simon telling him. “We know that you shot Chole, and we can prove it.”

    As Craighead would later find out, the police had no evidence linking him to the murder.

    To Craighead’s surprise, Simon presented him with a detailed narrative about what went down on the night of Pruett’s murder in July 1997: He and Craighead got into a fight. Pruett pulled out a gun, and the pair struggled for control of it. The gun went off. Pruett died.

    The alleged confession, which Simon handwrote, was contradicted by forensic evidence, which showed Pruett was shot four times in the back execution-style from a distance of at least two feet.

    In her interview with Craighead, Simon insisted the shooting was an “accident” and said, “You don’t seem like the kind of person that would kill or rob your best friend, so you must have had a reason,” according to court records.

    Simon handed him the “confession.” If he signed it, she promised the first-degree murder charges would be reduced, and he could go home, Craighhead recalled.

    Broken down, scared, and disoriented, Craighead signed the paper — a decision that would cost him seven years in prison.

    “I signed it to avoid going to prison for the rest of my life,” Craighead said during a deposition.

    He had two children, ages 2 and 4.

    Although Craighead and his attorney argued the confession was fabricated and coerced and that his rights were violated, a judge allowed prosecutors to use the written statement as the primary evidence against him, and he was convicted of manslaughter in 2002.

    As the jury read the verdict, Craighead broke down in tears.

    “I was crying,” he recalls. “I got hoodwinked. I hadn’t seen the light of day since they arrested me on my porch. It was traumatic.”

    He wouldn’t be a free man until 2009, and it would take another 12 years until he was exonerated.

    click to enlarge

    Steve Neavling

    Suspects and witnesses were rounded up and interrogated at the then-headquarters of the Detroit Police Department at 1300 Beaubien in downtown. The building was used by DPD until 2013.

    Locked up and lied to

    Craighead is among four Black men who have been exonerated of murder convictions after their attorneys showed that Simon, who is also Black, used deceptive and coercive interrogation techniques. A fifth Black man, who falsely confessed after being unlawfully imprisoned, was freed before his murder trial because DNA evidence showed he wasn’t the killer.

    All five sued Simon and the city, and three of them have been settled so far at a cost to taxpayers of more than $16 million.

    The two other lawsuits, including one by Craighead, are still wending their way through federal court and likely will cost the city millions more. Because the city is self-insured, Detroit must cover the costs of settlements and attorneys, diverting crucial resources away from essential public services.

    Simon worked in the Homicide Division for about 20 years before she retired in 2010. Shortly after, then-Attorney General Mike Cox hired Simon as an investigator. She retired in August 2021.

    A six-month Metro Times investigation, which included a review of thousands of pages of court documents and dozens of interviews with exonerees, inmates, defense attorneys, interrogation experts, private investigators, and law enforcement officials, paints a troubling picture of Simon and the prosecutors, police leaders, and judges who could have stopped her. Simon used aggressive, illegal, and sometimes violent interrogation techniques on suspects and witnesses, according to affidavits, court transcripts, and multiple lawsuits.

    Here’s what we found, according to those documents:

    • Suspects were routinely locked in small rooms for hours if they refused to talk and were denied access to attorneys and a phone call. In each of the cases, Simon had no arrest warrants to legally confine the suspects and witnesses.

    • Simon falsely promised suspects, some of whom were teenagers, that they could go home if they signed confessions that she wrote.

    • Simon illegally presented herself as a prosecutor who had authorization to file charges and falsely promised leniency if suspects signed statements admitting guilt.

    • In one case, Simon called a suspect a racial slur and told him any jury in America would convict him of killing a white woman.

    • While testifying at trial and during depositions, Simon often claimed she couldn’t recall basic information about the interrogations.

    • She threatened to frame witnesses for murder or other crimes if they didn’t incriminate suspects who turned out to be innocent. Those witnesses later recanted.

    Although the exonerations have shown that Simon resorted to psychological torment to elicit false confessions and fabricated witness statements, countless other suspects who were interrogated by the detective are still behind bars. During her career, Simon said she interrogated “hundreds” of suspects.

    Metro Times tracked down eight other inmates who emphatically claim they were falsely convicted because of Simon’s interrogation tactics. Many of them were teenagers when they were convicted.

    Attorneys and private investigators who have worked on the Simon cases believe many more innocent people are behind bars because of the detective’s interrogation tactics.

    “There certainly are still innocent people in prison because of Simon,” David Moran, co-founder and a lead counsel at the Michigan Innocence Clinic, tells Metro Times. “There are likely a bunch.”

    No accountability or justice

    Despite what defense attorneys say was a clear and alarming pattern of Simon resorting to abusive, illegal, and deceptive tactics to get guilty verdicts, the exonerees and those still in prison have faced stiff resistance from judges and the Wayne County Prosecutor’s Office. Time and time again, judges turned down appeals, and prosecutors fought to keep the men in prison, despite later admitting some of the defendants were innocent.

    “The prosecutors will file an appeal, and they drag it through the appellate court for two to four years,” Steve Crane, a private investigator who helped get three innocent prisoners released, tells Metro Times. “They don’t want to accept a loss at any cost. It’s disgusting, and it’s frustrating.”

    Those still in prison say they’re withering away behind bars because judges and prosecutors won’t consider their cases.

    Their stories are strikingly similar to those who were exonerated. For up to eight hours, they were forced to undergo aggressive interrogations or were placed in a locked room without a warrant, food, or phone calls. They were falsely — and illegally — promised freedom if they confessed. And they were told there was undeniable evidence that would lead to their convictions, a claim they would later find out was untrue.

    In each of the cases, Simon was one of the lead investigators. And she wasn’t just any detective. When Detroit police had trouble getting witnesses or suspects to talk, they often depended on Simon, who had an unusual — and many would say suspicious — record of obtaining confessions, albeit ones that had been repeatedly recanted or contradicted.

    Defense attorneys have repeatedly said Simon had a history of ignoring or withholding evidence that suggested a suspect was innocent. She also falsely testified during murder trials. In one case, Simon testified that the defendant fatally stabbed the victim, which lined up with what turned out to be a coerced, false confession. The autopsy revealed the victim was beaten to death.

    The stories behind the convictions are symptomatic of a dark, troubling, and often lawless time for Detroit’s homicide division. During a multiple-year investigation by the U.S. Department of Justice that began in December 2000, federal investigators found that homicide detectives trampled on the constitutional rights of suspects and witnesses for decades to get confessions. According to the DOJ, the department had a history of subjecting suspects and witnesses to false arrests, illegal detentions, and abusive interrogations. Despite what was at stake, the detectives weren’t properly trained, and bad cops were rarely disciplined, the DOJ concluded.

    In 2003, to avoid a massive civil rights lawsuit claiming suspects and witnesses endured false arrests, unlawful detentions, fabricated confessions, excessive force, and unconstitutional conditions of confinement, the Detroit Police Department agreed to DOJ oversight in 2003. Because of the harsh interrogation tactics, DPD agreed in 2006 to videotape interrogations of all suspects in crimes that carry a maximum penalty of life in prison.

    After 13 years of federal government scrutiny, the DOJ finally ended its oversight, but only after DPD agreed to sweeping changes in a consent decree to overhaul its arrest, interrogation, and detention policies. Detectives could no longer round up witnesses and force them to answer questions at police precincts and headquarters.

    By then, the damage done during that time is impossible to measure. But what’s clear is that lives were destroyed, and many more innocent people are likely behind bars for crimes they didn’t commit, attorneys and private investigators say.

    At no point since then have prosecutors or police tried to reexamine the cases during this troubling time.

    “The Detroit Homicide Division was a trainwreck. It was completely out of control in the 1990s and early 2000s,” Moran says. “You have a police department that for a decade or more was rogue. There’s no other way to describe it. It’s undeniable.”

    In 1997, three years before the DOJ’s investigation, the head of DPD’s Homicide Division, Joan Ghougoian, was accused of illegally obtaining murder confessions by falsely promising suspects they could go home. Monica Childs, a homicide detective at the time, blew the whistle on Ghougoian and was reassigned to another department. Childs alleged in a lawsuit against the department that Ghougoian attacked, cursed, bullied, and ignored her when she tried to prevent illegally obtained murder confessions from being used.

    At the time, Simon was working in the Homicide Division.

    Although she is by no means the only Detroit homicide detective to be accused of eliciting false confessions and witness statements during that time, the volume of allegations and the resulting exonerations make Simon stand out in a department plagued by accusations of misconduct.

    Despite the attention the whistleblower lawsuit and DOJ investigation brought to the police department, Simon continued to illegally obtain confessions, according to lawsuits, affidavits, and depositions.

    ‘A stupid [n-word]’

    On Mother’s Day in 1999, Lisa Kindred was getting inside her family van with her three children when a lone gunman rushed up and shot her in the chest on Bewick Street on the city’s east side. To save her children, the 35-year-old Roseville woman drove away and pulled into a gas station to ask for help. She fell out of the car and was later pronounced dead at a hospital. Her children huddled in the back seat, screaming and crying.

    The children, ages 1o days to 8 years old, were uninjured.

    Within hours, police rounded up two alleged witnesses, both of whom were heavily intoxicated on drugs and alcohol, according to a lawsuit that was later filed. One was a 16-year-old who was illiterate and dropped out of high school. The other had mental health issues and heard voices.

    Both interrogations “turned to physical abuse,” and Simon and another cop choked one of the alleged witnesses, according to court records. One of the interrogations lasted six hours, and Simon allegedly threatened to frame two suspects or they’d be implicated in the murder, according to court records. She wrote up the statements and told them to sign the papers.

    Afraid they’d be charged, the pair signed the statements, leading to the arrests of Justly Johnson, 24, and Kendrick Scott, 20, on the day of the shooting.

    During an interrogation, Simon called Johnson a racial slur and told him any jury in America would convict him of killing a white woman, according to Johnson. Simon added that she was under pressure from then-Mayor Dennis Archer to close the case and didn’t care if he was innocent, according to one of Johnson’s affidavits.

    He said Simon didn’t investigate his alibis and she responded that “it didn’t matter because the mayor was her boss and her boss was on them and they were going to charge me with the murder whether I was innocent or not.”

    Johnson, who had a baby on the way, said he “begged” Simon “not to do this to me.”

    “Ms. Simon then asked me how far I had gone in school,” Johnson recalled. “I told her I had gone through 1oth grade. She then called me a ‘stupid [n-word]’ and repeated that I needed to confess to this crime that I did not do.”

    click to enlarge Kendrick Scott. - Michigan Department of Corrections

    Michigan Department of Corrections

    Kendrick Scott.

    Simon repeated the slur and that a jury was going to convict a Black man of killing a white woman, even if he didn’t commit the crime.

    “At that point I broke down in tears, begged investigator Simon for my life and continued to protest my innocence,” Johnson said. “Investigator Simon then stormed out of the room.”

    In January 2000, Johnson was convicted of murder, assault with intent to commit robbery, and felony use of a firearm. He was sentenced to life in prison without the possibility of parole.

    Scott was convicted of the same charges in May 2000 and was also sentenced to life without parole.

    Johnson and Scott never gave up on getting out of prison and proving their innocence.

    In 2009, Scott Lewis, an investigative reporter in Detroit, began reviewing the case. Two years later, he sent a letter to the victim’s son, Charmous Skinner Jr., who at the time of the shooting was 8 years old. He was in the front seat when his mother was shot and said he’d never forget the shooter’s face. He described the gunman as being in his mid-30s with a heavy beard and very large nose, neither of which matched the description of Johnson or Scott. He also said the shooter was alone.

    Lewis contacted the Michigan Innocence Clinic, which had recently taken on the case. Law students and a supervising attorney from the clinic interviewed Skinner and showed him photographs of Johnson and Scott. Neither of them was the gunman, he said. Skinner said he was “a hundred percent” positive.

    Even though Skinner had seen the killer, police never interviewed him.

    Despite the new evidence, the clinic couldn’t get a judge to look at the case.

    Wayne County Circuit Judge Prentis Edwards denied a motion for relief from judgment in 2011, without even holding a hearing. In 2013, Wayne County Circuit Judge James Callahan also denied the motion without a hearing, and the Michigan Court of Appeals declined to grant the defense permission to appeal.

    Finally, in 2014, the Michigan Supreme Court ordered the cases to be remanded to circuit court for a joint hearing to determine whether Scott and Johnson were entitled to a new trial.

    During the hearing, one of the alleged witnesses said he had falsely implicated Johnson and Scott and that police “whooped” him during the interrogation. A cousin of the other alleged witness, who died in 2008, said her cousin admitted to her that he lied to investigators because he was afraid of being charged.

    “At that point I broke down in tears, begged investigator Simon for my life and continued to protest my innocence,” Johnson said. “Investigator Simon then stormed out of the room.”

    tweet this

    Defense attorneys also provided reports that showed the victim’s husband, Will Kindred, had been involved in “a series of violent domestic incidents” with his wife. At one point, he even threatened to kill her whole family, according to the records. On at least two occasions, police confiscated .22-caliber weapons from the husband after two of the alleged domestic violence incidents.

    The weapon used in the murder was a .22-caliber gun.

    Nevertheless, the judge denied a motion for a new trial in August 2015, concluding that Kindred was likely murdered as part of a planned contract killing that involved Scott and Johnson.

    After the Michigan Court of Appeals upheld the ruling, the Michigan Supreme Court finally ordered new trials for Johnson and Scott in July 2018.

    On Nov. 28, 2018, the Wayne County Prosecutor’s Office dismissed the charges, and Scott and Johnson were free men for the first time in 18 years.

    Johnson and Scott filed separate lawsuits in U.S. District Court against Simon and another Detroit cop, Catherine Adams, claiming they coerced two witnesses into falsely implicating them in the murder and engaged in “deliberate and knowing fabrication of evidence.”

    In November 2022, the city of Detroit settled the lawsuits, agreeing to pay Johnson and Scott $8 million each.

    Johnson’s attorney, Wolfgang Mueller, says lawsuits and media exposure are the most effective ways to prevent police departments and prosecutors from putting innocent people in prison.

    “Publicity and lawsuits help improve the system,” Mueller tells Metro Times. “You have to hit people in the pocketbook. It’s when they get hit in the pocketbook that they make changes. When this stuff comes out of the dark, then change can be made. We as a society won’t tolerate it if we know about it. It’s just that for so long people didn’t know about it.”

    Coercive tactics

    In February 2000, Nathan Peterson found himself face to face with Simon, accused of fatally shooting a man. Moments earlier, he says, he was riding in the rear of a police car with a cameraman.

    Like the others, Peterson, who was 23 at the time, says he was isolated in a room for hours before Simon began threatening him.

    “During the interrogation, she was using this cameraman as a tool to try to threaten to expose me to the media as a murderer,” he tells Metro Times. “She says if I didn’t agree to what she said, she was going to embarrass me and portray me as a murderer. … I was thinking of my family. I didn’t want my mom to get embarrassed.”

    Simon claimed she had plenty of evidence against him to get a jury to convict him, threatened to take away his son, and promised to set him free if he confessed, he says.

    “She presented herself as a prosecutor,” Peterson says. “She said she was willing to help me if I helped myself. She said if I agree to sign a statement, I could go home and face lesser charges. She had already convinced me that she had already arrested me and charged me with murder.”

    During an interrogation, police are barred from making promises about charges since those decisions fall under the prosecutor’s authority.

    “I was ready to get out of there, and I was willing to do anything,” he recalls.

    Peterson says Simon wrote the statement and told him to sign it. According to the statement, Peterson wrestled the victim with a gun and shot him in the back twice.

    Peterson was charged with murder and immediately incarcerated.

    His first trial ended in a hung jury in July 2001.

    click to enlarge Nathan Peterson. - Michigan Department of Corrections

    Michigan Department of Corrections

    Nathan Peterson.

    Peterson says police and prosecutors changed the narrative of the shooting during the second trial, and he was convicted.

    “My thing with Simon, she knew I didn’t do what she said I did,” Peterson says.

    At a hearing before the trial, Simon initially denied there was a cameraman but changed her story when Peterson’s attorney said they had a witness. They tried to get a copy of the video footage but never got it.

    Under oath, Simon insisted she didn’t use any form of persuasion to get Peterson to sign the confession. Simon also insisted she couldn’t recall any details of the interrogation, a claim she repeatedly made under oath in other cases.

    Peterson says he doesn’t believe Simon thought he was guilty.

    “Their only concern was just closing the case,” he says. “That’s all she was concerned about. They weren’t concerned whether I was innocent or not. They virtually kidnapped me off the street and did what they wanted with me.”

    Peterson remains in prison and has been unable to convince courts or prosecutors to review his case.

    The Reid technique

    James L. Trainum, a former longtime homicide detective in Washington, D.C., and an expert and consultant on interrogations and confessions, says Simon’s tactics were psychologically coercive and could easily lead to false confessions.

    He says Simon uses a controversial method of interrogation known to create false confessions. Called the “Reid technique,” the method is aimed at increasing suspects’ anxiety by creating a high-pressure environment, such as confining them to a room for hours and saying they are going to spend the rest of their lives in prison. The interrogator then presents evidence — real or invented — to suggest that police already have proof of the suspects’ guilt. The technique was developed by former Chicago cop and polygraph expert John E. Reid in the 1950s.

    To elicit a confession, the interrogator provides explanations that frame the suspect’s actions as justifiable or excusable, even though the interrogator knows the statement will lead to charges. A prime example is getting suspects to say they killed someone by accident.

    The idea is to make the suspect believe that confessing is the easiest way out.

    The problem is, experts say, the technique is inherently manipulative and can foster confirmation bias in investigators and overwhelm suspects to such a degree that they believe lying is better than telling the truth.

    Years of research and numerous exonerations have demonstrated that the Reid technique can easily result in false confessions.

    “The suspects are presented with a situation where they feel like they are going to get screwed,” Trainum tells Metro Times. “They are being guaranteed that they are going to be convicted by an authority figure. Then they start talking about leniency and say the judge will like it much better if they confess. They’ll say, ‘If you take responsibility, they are going to go much lighter on you.’ It’s a forced choice.”

    Trainum adds, “What the interrogation process is doing is limiting your options. They are able to lie to you about the evidence. All of that puts you in a vice.”

    The method has been banned in several European countries. In Canada, Provincial Court Judge Mike Dinkel ruled in 2012 that “stripped of its bare essentials, the Reid technique is a guilt-presumptive, confrontational, psychologically manipulative procedure whose purpose is to extract a confession.”

    One of the largest police consulting firms in the U.S., Wicklander-Zulawski & Associates, announced in 2017 that it stopped training detectives in the Reid technique, which it had taught since 1984. The technique was being misused and prompting false confessions, the firm said.

    “Confrontation is not an effective way of getting truthful information,” Wicklander-Zulawski & Associates President and CEO Shane Sturman said at the time. “Rather than primarily seeking a confession, it’s an important goal for investigators to find the truth ethically through a respectful, non-confrontational approach.”

    In 2021, Illinois and Oregon barred police from lying to minors. The U.S. House is considering a bill that would render statements made during interrogations inadmissible if a court determines the officer deliberately used deceptive tactics, such as fabricating evidence or making unauthorized promises of leniency.

    To reduce false confessions, Trainum says the U.S. needs to abolish the Reid technique.

    Of the more than 3,550 exonerations nationwide, about 13% involved false confessions, according to the National Registry of Exonerations. The most famous case is known as the Central Park Five. It involved five Black and Latino teenagers wrongfully convicted of raping a jogger in New York City’s Central Park in 1989, only to be exonerated in 2002 after another individual confessed and DNA evidence confirmed his guilt.

    More than half of those exonerated are Black. In fact, innocent Black people are seven times more likely to be wrongfully convicted of murder than innocent white people, a reflection of the persistent biases in the criminal justice system, according to a 2022 report from the registry.

    To juries, confessions are highly incriminating and they alone can lead to convictions, Trainum and other experts say.

    “A false confession trumps all other evidence, and it still does in a lot of cases because people say, ‘I wouldn’t have confessed, so I don’t see why they would have,’” Trainum says. “Even today when it comes to exonerations, you can have DNA evidence and people will still fight it and say they confessed.”

    Trainum believes false confessions are more common than statistics suggest because they “are the hardest cases to get exonerated.”

    Another problem, he says, is that police departments in the U.S. don’t tend to invest enough in training detectives to interrogate suspects, leaving the accused in unqualified hands.

    In a deposition in Craighead’s lawsuit in January 2023, Simon said she went to “several classes” to learn how to take witness statements and remembered “maybe once going to an outside seminar” on interrogations. She admitted she never received training by the Michigan State Police or the FBI, two agencies that typically provide courses on interrogations.

    She also said she couldn’t remember ever talking with prosecutors about the constitutional rights of suspects.

    Nevertheless, she estimated she conducted “hundreds” of interrogations during her roughly 20 years in the Homicide Division.

    Lawsuits filed against Simon also pointed out that she failed to ensure the confessions were factual. Had she bothered to verify the statements from the exonerees and others, some of the confessions would have been thrown out and could have prevented innocent people from going to prison, according to the lawsuits.

    The confessions also omitted basic information that would verify whether the suspect was truthful about committing a crime. While questioning Craighead, for example, Simon didn’t bother to ask basic questions, like what kind of gun he used, when he arrived at the murder scene, and which part of the victim’s body he shot.

    Since it turned out that Craighead wasn’t the shooter, he wouldn’t have been able to answer the questions truthfully.

    When asked by Craighead’s attorney Mueller whether she “thought it’d be important” to ask him about the type of gun he used, Simon called the question “stupid.”

    Undeterred, Mueller asked, “Does it sound reasonable to you, that a detective investigating a homicide, and there’s a gun, would want to know what kind of gun?”

    “Yes. Yes,” Simon responded.

    Michigan has safeguards in place that are intended to protect defendants who were coerced into giving false confessions. In what is called a “Walker hearing,” judges are responsible for determining the voluntariness and admissibility of a defendant’s confession before the trial. It is a crucial safeguard meant to ensure that any confession used in court was made without coercion, undue influence, or violation of the defendant’s rights.

    However, judges have been reluctant to throw out confessions, even when there is compelling evidence that the confessions were not voluntary. That’s because judges are quick to side with prosecutors and police, even when detectives like Simon have demonstrated a pattern of eliciting false confessions and violating defendants’ constitutional rights, legal experts and defense attorneys say.

    ‘It’s akin to slavery’

    In 1996, a year before Craighead’s friend was murdered, Lamarr Monson was accused of fatally stabbing a runaway 12-year-old girl at a drug house on Detroit’s west side. Like Craighead, Monson had no criminal record, was interrogated for hours by Simon, and was denied access to a phone and a lawyer, according to court records.

    Monson, who was 24 at the time, was convicted of murder and sentenced to 30 to 50 years in prison based on a false confession that was later contradicted by evidence that should have been presented at his trial.

    Monson had a 6-year-old daughter at the time. She would be an adult by the time he was exonerated.

    “When you are innocent of a crime and put in prison, it’s the same emotional feeling of being kidnapped and taken from your family,” Monson tells Metro Times. “It’s akin to slavery.”

    After more than 20 years behind bars, Monson was finally exonerated in August 2017, in large part because Wayne County prosecutors believed the “confession” was coerced. Simon was also accused of providing prosecutors with false information about crucial physical evidence and withholding inculpatory evidence.

    At the trial, Simon testified that the girl, Christina Brown, died from multiple stab wounds, a claim that fit the narrative in the false confession but contradicted the autopsy that found the victim died of blunt force trauma to the skull and brain. Simon later said her false testimony was an “honest mistake.”

    “For her to sit there and create false narratives to convict someone of a crime, you have to be a wicked person,” Monson says. “She was destroying lives. She was sabotaging justice and has willingly done this regularly.”

    Monson still vividly recalls the afternoon of Jan. 20, 1996, the day he walked into an abandoned apartment where he had sold drugs and found Brown sprawled out on the bathroom floor, lying in a pool of blood and gasping for breath. Her head was swollen.

    “She raised her hands and tried to say my name,” Monson recalls. “I told her I was going to get help. I was banging on doors, trying to call 911. I went to my sister’s house [two blocks away] and told the operator there was a girl in need of medical attention.”

    Monson says he sprinted back to the bathroom, covered Brown in a blanket, and propped her up so she wouldn’t choke on her blood. He also began chest compressions.

    Brown was later pronounced dead at a nearby hospital.

    Two other people at the apartment did nothing to help, Monson says.

    Police ordered Monson and the two others to get into a squad car, where they were taken to police headquarters.

    Simon denied Monson his right to use a phone or contact an attorney and questioned him for more than four hours, according to court records. Simon told him he could call his parents if he signed a statement that claimed he had sex with Brown, an allegation he vehemently denies and says Simon fabricated to “dirty me up” and “make me look like a monster.”

    Monson was forced to spend the night in jail and barely slept. The next morning, without having anything to eat, he was promised he could call his parents and go home if he signed a confession, according to his lawsuit.

    Like in Craighead’s case, Monson was told he would spend the rest of his life in prison unless he signed a statement that claimed the killing was accidental and that he got into a physical confrontation with the victim. According to the alleged confession, Monson accidentally stabbed Brown in the neck with a knife she had been holding.

    Never mind that Brown actually died of blunt force trauma, presumably from being beaten with the top of a toilet tank.

    Police either failed to get fingerprints from the knife and the toilet lid or they never disclosed the findings. If they had, they would have discovered that the fingerprints didn’t belong to Monson and in fact belonged to Robert “Raymond” Lewis, who was also at the house and questioned by police.

    In 2012, Lewis’s ex-girlfriend told police that Lewis bought drugs from Brown on the morning she was killed and that he returned “covered in blood.” He said he “had to kill that bitch” because she had scratched him, according to his ex-girlfriend.

    Police didn’t focus on Lewis at the time because he had incriminated Monson.

    It would take another five years after that statement for Monson to be exonerated, in no small part because the prosecutor’s office continued to insist he was guilty.

    While he was in jail, Monson’s family spent $10,000 on an attorney who brought him no closer to getting him free. Without any money left, Monson taught himself how to file his own motions and appeals. He wanted to get fingerprints from the weapons used in the murder, but each court rebuffed him.

    Nearly 15 years after he was sentenced to prison, Monson had all but given up. He felt demoralized and helpless.

    “God blessed this circumstance,” Monson says. “I took my hands off this and said, ‘I did all I can.’”

    Finally, in about 2011, the Michigan Innocence Clinic agreed to take Monson’s case and began the arduous task of fighting to get the weapons fingerprinted. At each step, the Wayne County Prosecutor’s Office defended the handling of the case and argued Monson was guilty.

    Then in September 2016, a state court ordered police to analyze the top of the toilet tank, a basic step that should have been taken 19 years earlier. The results were eye-opening: Two of the fingerprints belonged to Lewis, and none of them matched Monson’s. The knife later went missing, making it impossible to analyze during the appeals process.

    It was also discovered that police failed to analyze fingerprint and blood samples from the victim’s clothing, the knife, and male clothing on the floor.

    With the new evidence and an affidavit from Lewis’s girlfriend, a court finally granted Monson’s motion for a new trial on Jan. 30, 2017.

    Rather than trying to convince a jury that Monson was guilty in the face of the new evidence, the prosecutor’s office dismissed the case on Aug. 25, 2017, and Monson was exonerated and finally became a free man.

    In a statement at the time, the prosecutor’s office indicated that Monson’s confession may have been coerced.

    “Due to the destruction of evidence, issues surrounding the way the police obtained Monson’s confession and the passage of time, we are unable to re-try this case,” Wayne County Prosecutor Kym Worthy said. “For similar reasons we are not able to charge anyone else in connection with the murder of Christina.”

    Worthy also admonished the police department for failing to keep evidence that could exonerate an innocent person.

    “The failure of the DPD to retain critical evidence potentially threatens the very foundation of the criminal justice system and the faith placed in it by the people we protect,” Worthy said, adding that she and others met with then-DPD Chief James Craig to raise the issue of the destruction of evidence in capital cases. The meeting resulted in Craig agreeing to a joint workgroup to develop an evidence retention policy.

    Despite evidence that Lewis may be the real killer, he was never charged. Two investigators for the prosecutor’s office traveled to Pittsburgh to interview him, and he admitted he lived in the same apartment as the victim and bought drugs from her. But, according to the prosecutor’s office, he was “in poor physical health and denied any involvement in the death of Christina Brown.”

    In February 2018, Monson filed a lawsuit against the city and Simon, along with several other officers. The case is still in court and headed for a trial in October.

    “Now the chickens are coming home to roost,” Monson says.

    All these years later, Monson is still in disbelief.

    “I still can’t believe this happened,” Monson says. “They will willingly frame an innocent person and will not accept any responsibility for doing so. It’s a slap in the face.”

    Monson says it stings even more that a Black woman played a major role in his wrongful imprisonment.

    “For a Black woman to not understand your plight as a Black man, and for her to be in a position to make things fair for you, she picked the side that abuses you and takes advantage of you, instead of seeking out the truth,” Monson says. “It’s incomprehensible that a Black woman would go to that extent to lock a young Black man in prison.”

    In a written statement, DPD declined to comment on Simon’s tactics but said it “expects every member to follow the rules and regulations of the Department.”

    Since the 1990s and early 2000s, DPD said it “has implemented measures including video recording of interrogations, audits and inspections to ensure members are acting in accordance with policy and that there is supervisory review.”

    A spokesman added, “We have high standards for every member of our Department, especially those who have sworn to protect, serve and respect the constitutional rights of all.”

    This story continues next week in part two.

    [ad_2]

    Steve Neavling

    Source link

  • Elderly Detroit man freed after he was sentenced to life in prison at the age of 18

    Elderly Detroit man freed after he was sentenced to life in prison at the age of 18

    [ad_1]

    Michigan Department of Corrections

    Ivory Thomas was sentenced to life without parole after he was convicted of murder in 1965.

    An elderly man who has been in prison since fatally stabbing a Detroit man in the chest during a 1965 robbery is being released as the result of a Michigan court ruling that changes how the state treats 18-year-olds convicted of murder.

    Ivory Thomas was resentenced Tuesday to 40 to 60 years in prison, which means he has served his maximum penalty.

    Thomas was the oldest Wayne County man still in prison after being sentenced as an 18-year-old.

    In 2022, the Michigan Court of Appeals ruled in People v. Poole that 18-year-olds sentenced to life without the possibility of parole are entitled to resentencing. A mandatory life sentence for an 18-year-old violates the state constitutional prohibition on cruel and unusual punishment, the court ruled.

    Wayne County Prosecutor Kym Worthy said she supported Thomas’s release because he’s “very ill” and has made a positive transformation in prison. She said the family of the victim also supported his release.

    “Mr. Thomas is 77 years old and has served 60 years in prison for taking the life of Michael Railsback since he was 18 years old,” Worthy said. “He is very ill and has accepted full responsibility for his actions. We have examined this case and believe in these facts, as well as Mr. Ivory’s transformation in prison, that the family of Mr. Railsback and I can fully support Mr. Ivory’s release.”

    Railsback was 18 years old when he was killed at Dueweke Park.

    Thomas was serving his time at the Thumb Correctional Facility in Lapeer.

    Subscribe to Metro Times newsletters.

    Follow us: Google News | NewsBreak | Reddit | Instagram | Facebook | Twitter

    [ad_2]

    Steve Neavling

    Source link