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Tag: wrongful conviction

  • Wrongfully convicted man to get $19-million settlement from Baldwin Park

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    A wrongfully convicted man who spent more than 30 years behind bars will receive $19.1 million as part of a settlement with the city of Baldwin Park, officials said.

    Daniel Saldana, 56, was convicted in connection to a 1989 drive-by shooting outside a Baldwin Park high school football game that left two students injured. But for years Saldana maintained he was innocent, insisting he wasn’t at the shooting.

    Saldana was was freed from prison in 2023 after a judge declared him factually innocent and, on Friday, the Baldwin Park City Council agreed to pay $19.1 million to settle a wrongful conviction federal lawsuit.

    Attorneys for Saldana argued in the lawsuit it was the “egregious misconduct” of a Baldwin Park detective that led to the wrongful conviction in 1990.

    Saldana could not be reached for comment, but his attorneys released a statement blaming the wrongful conviction on a Baldwin Park detective.

    “Mr. Saldana’s wrongful conviction resulted from the egregious misconduct of a Baldwin Park detective who systematically fabricated evidence and pressured witnesses throughout a fundamentally flawed investigation,” said Amelia Green, one of Saldana’s attorneys.

    The case against Saldana began to unravel when one of the codefendants, Raul Vidal, told the state parole board in 2017 that Saldana was not present at the shooting.

    A deputy district attorney had been present at Vidal’s parole hearing, but the testimony didn’t spark a review of the case at the time. It was not until 2023 that the state’s parole board turned over transcripts of the hearing to the Los Angeles County District Attorney’s Conviction Integrity Unit.

    The district attorney’s office then moved to have Saldana’s conviction overturned, and a judge found him factually innocent in May 2023.

    In February 2024, Saldana and his attorneys filed a suit against the city and former Baldwin Park Police Detective Michael Donovan, alleging the former detective coerced witnesses and falsified reports to get Saldana convicted.

    Donovan allegedly pressured a teen witness to testify that Saldana was the second shooter in the incident, although the teen originally testified there had been only one shooter, according to the lawsuit.

    In a statement, the city of Baldwin Park confirmed the settlement and said the incident did not involve any current city employees.

    “The city sincerely hopes Mr. Saldana can now move forward in his new life,” the statement read.

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    Salvador Hernandez

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  • 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

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    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.

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    Steve Neavling

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  • As he was about to go free, Missouri Supreme Court halts release of man with overturned conviction

    As he was about to go free, Missouri Supreme Court halts release of man with overturned conviction

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    The Missouri Supreme Court halted the immediate release Wednesday of a man whose murder conviction was overturned — just as the man was about to walk free.A St. Louis Circuit Court judge had ordered Christopher Dunn, now 52, to be released by 6 p.m. CDT Wednesday and threatened the prison warden with contempt if Dunn remained imprisoned. But Republican Attorney General Andrew Bailey has been fighting Dunn’s release.The situation was chaotic as the deadline set by the judge approached. Corrections Department spokesperson Karen Pojmann told The Associated Press that Dunn was out of the prison facility and waiting for a ride. His wife told the AP she was on his way to pick him up. Minutes later, Pojmann corrected herself and said that while Dunn was signing paperwork to be released, the Missouri Supreme Court issued a ruling that put his freedom on hold.St. Louis Circuit Judge Jason Sengheiser overturned Dunn’s murder conviction Monday, citing evidence of “actual innocence” in the 1990 killing. He ordered Dunn’s immediate release then, but Bailey appealed, and the state Department of Corrections declined to release Dunn.St. Louis Circuit Attorney Gabe Gore had filed a motion Wednesday urging the judge to immediately order Dunn’s freedom.“The Attorney General cannot unilaterally decide to ignore this Court’s Order,” Gore wrote.An attorney for the Department of Corrections told a lawyer in Gore’s office that Bailey advised the agency not to release Dunn until the appeal plays out, according to a court filing. When told it was improper to ignore a court order, the Department of Corrections attorney “responded that the Attorney General’s Office is legal counsel to the DOC and the DOC would be following the advice of counsel.”Dunn’s attorney, Tricia Rojo Bushnell, the executive director of the Midwest Innocence Project, expressed her frustration.“What is this bringing to taxpayers in Missouri? What is this use of our resources and our state’s time getting us?” she said. “All it’s doing is keeping innocent people in prison.”Dunn’s wife said while driving to the prison that they were numb when he didn’t get out earlier this week.“If you know a little about the story, you know we’ve had a lot of disappointments where we thought we’d finally get his freedom and it was snatched away,” Kira Dunn said. “So we were just bracing ourselves.”Dunn’s situation is similar to what happened to Sandra Hemme.The 64-year-old woman spent 43 years in prison for the fatal stabbing of a woman in St. Joseph in 1980. A judge on June 14 cited evidence of “actual innocence” and overturned her conviction. She had been the longest held wrongly incarcerated woman known in the U.S., according to the National Innocence Project, which worked to free Hemme.Appeals by Bailey — all the way up to the Missouri Supreme Court — kept Hemme imprisoned at the Chillicothe Correctional Center. During a court hearing Friday, Judge Ryan Horsman said that if Hemme wasn’t released within hours, Bailey himself would have to appear in court with contempt of court on the table. Hemme was released later that day.The judge also scolded Bailey’s office for calling the warden and telling prison officials not to release Hemme after he ordered her to be freed on her own recognizance.Dunn, who is Black, was 18 in 1990 when 15-year-old Ricco Rogers was killed. Among the key evidence used to convict him of first-degree murder was testimony from two boys who were at the scene of the shooting. Both later recanted their testimony, saying they had been coerced by police and prosecutors.At an evidentiary hearing in 2020, another judge agreed that a jury would likely find Dunn not guilty based on new evidence. But that judge, William Hickle, declined to exonerate Dunn, citing a 2016 Missouri Supreme Court ruling that only death row inmates — not those like Dunn sentenced to life in prison without the possibility of parole — could make a “freestanding” claim of actual innocence.A 2021 law now allows prosecutors to seek court hearings in cases with new evidence of a wrongful conviction.Although Bailey’s office is not required to oppose such efforts, lawyers for his office said at the hearing that initial testimony from two boys at the scene who identified Dunn as the shooter was correct, even though they recanted as adults.He also raised opposition at a hearing for Lamar Johnson, who spent 28 years in prison for murder. Another St. Louis judge ruled in February 2023 that Johnson was wrongfully convicted, and he was freed.Another hearing begins Aug. 21 for death row inmate Marcellus Williams. Bailey’s office is opposing the challenge to Williams’ conviction, too. Timing is of the essence: Williams is scheduled to be executed Sept. 24.Steven Puro, professor emeritus of political science at St. Louis University, said Bailey is in a highly competitive race for the attorney general position with the primary quickly approaching on Aug. 6.“Bailey is trying to show that he is, quote, ‘tough on crime,’ which is a very important Republican conservative position,” he said. “Clearly, he’s angering members of the judicial system that he will have to argue before in the future. But he’s making the strategic notion that he needs to get his name before the voters and try to use that to win the primary election.”Michael Wolff, a former Missouri Supreme Court judge and chief justice, agreed, saying it seems this has become political for Bailey.“But one of the things is that no matter what your beliefs are, if a court orders something to happen, it’s not your purview to say no,” he said. “The court has to be obeyed.”___Hollingsworth reported from Mission, Kansas; Associated Press writer Summer Ballentine contributed from Columbia, Missouri.

    The Missouri Supreme Court halted the immediate release Wednesday of a man whose murder conviction was overturned — just as the man was about to walk free.

    A St. Louis Circuit Court judge had ordered Christopher Dunn, now 52, to be released by 6 p.m. CDT Wednesday and threatened the prison warden with contempt if Dunn remained imprisoned. But Republican Attorney General Andrew Bailey has been fighting Dunn’s release.

    The situation was chaotic as the deadline set by the judge approached. Corrections Department spokesperson Karen Pojmann told The Associated Press that Dunn was out of the prison facility and waiting for a ride. His wife told the AP she was on his way to pick him up. Minutes later, Pojmann corrected herself and said that while Dunn was signing paperwork to be released, the Missouri Supreme Court issued a ruling that put his freedom on hold.

    St. Louis Circuit Judge Jason Sengheiser overturned Dunn’s murder conviction Monday, citing evidence of “actual innocence” in the 1990 killing. He ordered Dunn’s immediate release then, but Bailey appealed, and the state Department of Corrections declined to release Dunn.

    St. Louis Circuit Attorney Gabe Gore had filed a motion Wednesday urging the judge to immediately order Dunn’s freedom.

    “The Attorney General cannot unilaterally decide to ignore this Court’s Order,” Gore wrote.

    An attorney for the Department of Corrections told a lawyer in Gore’s office that Bailey advised the agency not to release Dunn until the appeal plays out, according to a court filing. When told it was improper to ignore a court order, the Department of Corrections attorney “responded that the Attorney General’s Office is legal counsel to the DOC and the DOC would be following the advice of counsel.”

    Dunn’s attorney, Tricia Rojo Bushnell, the executive director of the Midwest Innocence Project, expressed her frustration.

    “What is this bringing to taxpayers in Missouri? What is this use of our resources and our state’s time getting us?” she said. “All it’s doing is keeping innocent people in prison.”

    Dunn’s wife said while driving to the prison that they were numb when he didn’t get out earlier this week.

    “If you know a little about the story, you know we’ve had a lot of disappointments where we thought we’d finally get his freedom and it was snatched away,” Kira Dunn said. “So we were just bracing ourselves.”

    Dunn’s situation is similar to what happened to Sandra Hemme.

    The 64-year-old woman spent 43 years in prison for the fatal stabbing of a woman in St. Joseph in 1980. A judge on June 14 cited evidence of “actual innocence” and overturned her conviction. She had been the longest held wrongly incarcerated woman known in the U.S., according to the National Innocence Project, which worked to free Hemme.

    Appeals by Bailey — all the way up to the Missouri Supreme Court — kept Hemme imprisoned at the Chillicothe Correctional Center. During a court hearing Friday, Judge Ryan Horsman said that if Hemme wasn’t released within hours, Bailey himself would have to appear in court with contempt of court on the table. Hemme was released later that day.

    The judge also scolded Bailey’s office for calling the warden and telling prison officials not to release Hemme after he ordered her to be freed on her own recognizance.

    Dunn, who is Black, was 18 in 1990 when 15-year-old Ricco Rogers was killed. Among the key evidence used to convict him of first-degree murder was testimony from two boys who were at the scene of the shooting. Both later recanted their testimony, saying they had been coerced by police and prosecutors.

    At an evidentiary hearing in 2020, another judge agreed that a jury would likely find Dunn not guilty based on new evidence. But that judge, William Hickle, declined to exonerate Dunn, citing a 2016 Missouri Supreme Court ruling that only death row inmates — not those like Dunn sentenced to life in prison without the possibility of parole — could make a “freestanding” claim of actual innocence.

    A 2021 law now allows prosecutors to seek court hearings in cases with new evidence of a wrongful conviction.

    Although Bailey’s office is not required to oppose such efforts, lawyers for his office said at the hearing that initial testimony from two boys at the scene who identified Dunn as the shooter was correct, even though they recanted as adults.

    He also raised opposition at a hearing for Lamar Johnson, who spent 28 years in prison for murder. Another St. Louis judge ruled in February 2023 that Johnson was wrongfully convicted, and he was freed.

    Another hearing begins Aug. 21 for death row inmate Marcellus Williams. Bailey’s office is opposing the challenge to Williams’ conviction, too. Timing is of the essence: Williams is scheduled to be executed Sept. 24.

    Steven Puro, professor emeritus of political science at St. Louis University, said Bailey is in a highly competitive race for the attorney general position with the primary quickly approaching on Aug. 6.

    “Bailey is trying to show that he is, quote, ‘tough on crime,’ which is a very important Republican conservative position,” he said. “Clearly, he’s angering members of the judicial system that he will have to argue before in the future. But he’s making the strategic notion that he needs to get his name before the voters and try to use that to win the primary election.”

    Michael Wolff, a former Missouri Supreme Court judge and chief justice, agreed, saying it seems this has become political for Bailey.

    “But one of the things is that no matter what your beliefs are, if a court orders something to happen, it’s not your purview to say no,” he said. “The court has to be obeyed.”

    ___

    Hollingsworth reported from Mission, Kansas; Associated Press writer Summer Ballentine contributed from Columbia, Missouri.

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  • Harnett County man’s conviction overturned in murder of a 7-year-old after nearly 25 years

    Harnett County man’s conviction overturned in murder of a 7-year-old after nearly 25 years

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    HARNETT COUNTY, N.C. (WTVD) — A Harnett County man is out of prison after his murder conviction was overturned.

    Quincy Amerson was behind bars for nearly 25 years.

    His lawyers said it ultimately came down to there not being enough evidence to hold the conviction and a new analysis of the evidence and case at the time.

    In 2001, a judge convicted a then 24- year old Amerson of murdering 7-year-old Sharita Rivera by running her over with his car multiple times.

    However when professor Jim Coleman and his law students at Duke University got a hold of his case they found many inconsistencies with the evidence and story.

    Coleman and his team then brought in a reconstruction expert to review the case again.

    SEE ALSO: Driver dies after car submerged at Streets at Southpoint pond; officer, firefighter injured

    They agreed the original findings could not prove beyond a reasonable doubt Amerson was guilty.

    That’s when they started the paperwork to free the now 49-year-old.

    “It’s a lot no I just, like, right now, I’m just trying to focus on the future, man. You know, try to forget about it. You can’t forget about it. But for the time being, I’m just focused on the future, you know, doing the right thing, you know, being with the right people. And cherishing what I have,” said Amerson.

    ABC11 has reached to the district attorney but have not heard back.

    Copyright © 2024 WTVD-TV. All Rights Reserved.

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    WTVD

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  • Judge Says Man Who Spent 48 Years In Prison On False Murder Conviction Is Innocent

    Judge Says Man Who Spent 48 Years In Prison On False Murder Conviction Is Innocent

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    Oklahoma man Glynn Simmons, 71, served the longest wrongful imprisonment in U.S. history, according to the National Registry of Exonerations.

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  • Men Imprisoned For Decades Freed As Several Wrongful Convictions Overturned

    Men Imprisoned For Decades Freed As Several Wrongful Convictions Overturned

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    At least six men around the country were freed this week after being wrongfully convicted of serious crimes that put them behind bars for a combined 180-plus years.

    The string of overturned convictions came just in time for the holidays. But their releases are also part of a trend: According to the National Registry of Exonerations, the number of people being exonerated for charges like drug possession, homicide or sexual assault has spiked over the last several years.

    The prisoners freed this week were all men of color who were teens or young adults at the time of their supposed crimes.

    Marvin Haynes, 35, is hugged by supporters as he walks out of the Minnesota Correctional Facility at Stillwater on Monday, Dec. 11.

    Mark Vancleave via Associated Press

    Faulty Eyewitness Evidence

    Marvin Haynes was just 16 when he was arrested for the shooting death of 55-year-old Harry “Randy” Sherer at a Minneapolis flower shop during an attempted robbery in 2004.

    Police interrogated the teen for hours while he denied having hurt anybody or even having been into the flower shop. He had no reason to rob anybody, he said. But he was found guilty the following year and sentenced to life in prison.

    One eyewitness claimed to recognize Haynes as the gunman after previously saying it was another man who, as it turned out, was in another state at the time of the killing.

    “Mr. Haynes’ conviction rested almost exclusively on eyewitness identification,” Hennepin County attorney Mary Moriarty said in a statement, adding that there was no DNA, fingerprint or video evidence tying Haynes to the crime.

    “To Marvin Haynes: You lost the opportunity to graduate from high school, attend prom, have relationships, attend weddings and funerals, and be with your family during holidays. For that, I am so deeply sorry. And for that, I commit to correcting other injustices and to making sure that we do not participate in making our own,” Moriarty said.

    A Hennepin County judge signed an order setting aside Haynes’ conviction on Monday.

    “I just want people to know that I am innocent. I was innocent from the very beginning,” Haynes told CNN the day after his release. “And I’m just happy that people just recognize it and understand my story.”

    Four Decades Behind Bars

    A pair of cousins, Jimmy Soto and David Ayala, were young adults when they were arrested and charged with the 1981 murders of two teenagers in Chicago.

    A drive-by shooting in the city’s Pietrowski Park left 16-year-old Julie Limas and 18-year-old Marine Hector Valeriano dead of gunshot wounds. A third person, an alleged gang member, was injured nearby.

    Soto and Ayala received life sentences despite a lack of physical evidence linking either to the crime. A man who said he was the getaway driver served as a state’s witness in the case against the cousins.

    While in prison, Soto earned a bachelor’s degree as part of Northwestern University’s Prison Education Program and plans to attend law school, he told CNN. He said he’s already taken the LSAT.

    “If there’s somebody sitting in a cell, male or female, who feels all hope is lost, it’s my hope I can reach back and help one of them,” Soto told NBC Chicago.

    The two are believed to be the longest-held wrongfully convicted people in Illinois state history, according to CBS Chicago.

    Two Teens Blamed For Two Crimes

    Los Angeles County District Attorney George Gascón announced this week that two men, Miguel Solario and Giovanni Hernandez, would be released after being wrongfully imprisoned for separate crimes.

    Solario was arrested for a drive-by shooting that left 81-year-old Californian Mary Bramlett dead in 1998. Los Angeles prosecutors alleged that Solario, who was 19 at the time, had been in the car with several gang members. He received a life sentence.

    “Miguel’s 25 years of wrongful incarceration shows how important it is for law enforcement to follow all leads and avoid tunnel vision, to present witnesses with a particular suspect only one time, and to recognize that, according to the new scientific consensus, when witnesses don’t identify the suspect, it points to their innocence,” Sarah Pace, an attorney for Solario, said in a statement. Pace works for the Northern California Innocence Project, which helped with the case.

    Hernandez was just 14 years old when he was arrested for a drive-by Culver City shooting in 2006 that killed 16-year-old Gary Ortiz.

    The teen was sentenced “to die in prison for a crime he did not commit,” Marisa Harris, an attorney in his case, said in a statement. Harris works for the Juvenile Innocence and Fair Sentencing Clinic at Loyola Law School.

    “These cases not only highlight the tragic impact on the lives of those directly affected but also underline the impact to the family and friends left behind,” Gascón said.

    “I am committed to ensuring that lessons are learned from this grave error, “he added, “and that steps are taken to prevent similar injustices from occurring in the future.”

    ‘Ready To Begin Life Again’

    Chicago man Brian Beals spent 35 years behind bars after he was wrongfully convicted in the killing of a 6-year-old boy.

    On Tuesday, Beals walked out of prison after a judge vacated his sentence and dismissed all charges, The Associated Press reported.

    In 1988, when Beals was a 22-year-old college student, he got into an altercation with a drug dealer before getting in his car and driving away. While driving away, someone fired a gun in Beals’ direction and hit the boy and his mother.

    Beals was later convicted of murder despite several witnesses saying they saw someone else fire the gun.

    His conviction was overturned thanks in part to the Illinois Innocence Project, which found five witnesses to confirm that Beals wasn’t the shooter.

    “Relief, happiness, it was just amazing to walk out of there,” Beals told The Associated Press following his release. “I’m ready to begin life again.”

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  • Black Man Wrongfully Imprisoned For 16 Years Shot, Killed By Georgia Police

    Black Man Wrongfully Imprisoned For 16 Years Shot, Killed By Georgia Police

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    KINGSLAND, Ga. (AP) — A Black man who spent more than 16 years imprisoned in Florida on a wrongful conviction was fatally shot Monday by a sheriff’s deputy in Georgia during a traffic stop, authorities said.

    The Georgia Bureau of Investigation, which is reviewing the shooting, identified the man as Leonard Allen Cure, 53.

    Cure had been represented in his exoneration case by the Innocence Project of Florida. The group’s executive director, Seth Miller, said he was devastated by news of the death, which he heard from Cure’s family.

    “I can only imagine what it’s like to know your son is innocent and watch him be sentenced to life in prison, to be exonerated and … then be told that once he’s been freed, he’s been shot dead,” Miller said.

    The Georgia Bureau of Investigation said a Camden County deputy pulled over Cure as he drove along Interstate 95 near the Georgia-Florida line. He got out of the car at the deputy’s request and cooperated at first but became violent after he was told he was being arrested, a GBI news release said.

    The agency said preliminary information shows the deputy shocked Cure with a stun gun when he failed to obey commands, and Cure began assaulting the deputy. The GBI said the deputy again tried using the stun gun and a baton to subdue him, then drew his gun and shot Cure when he continued to resist.

    The agency didn’t say what prompted the deputy to pull over Cure’s vehicle.

    In this photo provided by the Innocence Project of Florida, Leonard Allen Cure poses from the floor of the Florida legislature in Tallahassee, Fla., in April 2023, on the day his compensation bill was passed. (Innocence Project of Florida via AP)

    Innocence Project of Florida via AP

    It is customary for Georgia law enforcement agencies to ask the GBI to investigate shootings involving officers. The agency said it will submit its findings to the district attorney for the coastal Brunswick Judicial Circuit, which includes Camden County.

    Miller couldn’t comment specifically on Cure but said he has represented dozens of people convicted of crimes who were later exonerated.

    “Even when they’re free, they always struggled with the concern, the fear that they’ll be convicted and incarcerated again for something they didn’t do,” he said.

    Cure was convicted of the 2003 armed robbery of a drug store in Florida’s Dania Beach. His conviction came from a second jury after the first one deadlocked. Cure was sentenced to life in prison because he had previous convictions for robbery and other crimes.

    In 2020, the Broward State Attorney’s Office new Conviction Review Unit asked a judge to release Cure from prison. Broward’s conviction review team said it found “troubling” revelations that Cure had solid alibis that were previously disregarded and no physical evidence or solid witnesses to put him at the scene.

    An independent review panel of five local lawyers concurred with the findings.

    Cure was released that April after his sentenced was modified. In December 2020, a judge vacated his conviction and sentence.

    “I’m looking forward to putting this situation behind me and moving on with my life,” Cure told the South Florida Sun Sentinel at the time.

    In June, Florida Gov. Ron DeSantis signed a claims bill granting Cure $817,000 in compensation for his conviction and imprisonment, along with educational benefits.

    Miller said Cure, who lived in a suburb of Atlanta, received the money in August.

    Broward State Attorney Harold F. Pryor described Cure as smart, funny and kind.

    “After he was freed and exonerated by our office, he visited prosecutors at our office and participated in training to help our staff do their jobs in the fairest and most thorough way possible,” Pryor said in a statement to the Sun Sentinel.

    Cure would frequently call to check in on Assistant State Attorney Arielle Demby Berger, the head of the Conviction Review Unit, and offer encouragement to continue to do “the important work of justice,” Pryor said.

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  • After 25 years of wrongful imprisonment, 2 Georgia men set free after newly uncovered evidence exonerates them of murder charges | CNN

    After 25 years of wrongful imprisonment, 2 Georgia men set free after newly uncovered evidence exonerates them of murder charges | CNN

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    CNN
     — 

    After spending 25 years in prison on murder convictions related to the 1996 shooting death of their friend, two Georgia men were exonerated this week, after new evidence uncovered in a true-crime podcast last year proved their innocence, their lawyers said.

    Darrell Lee Clark and his co-defendant Cain Joshua Storey were 17 years old when they were arrested for their alleged involvement in the death of 15-year-old Brian Bowling.

    He died from a gunshot wound to the head in his family’s mobile home on October 18, 1996, according to Clark’s lawyers, Christina Cribbs and Meagan Hurley, with the nonprofit Georgia Innocence Project.

    Moments before the gun was fired, Bowling was on the phone with his girlfriend and told her he was playing a game of Russian roulette with a gun, which was brought to his home by Storey, who was in the room at the time of the shooting, according to a news release from the Georgia Innocence Project.

    Storey was charged with involuntary manslaughter, but months later, police began investigating the death as a homicide, and interviewed two witnesses whose statements led authorities to tie Clark to Bowling’s death, the Georgia Innocence Project said.

    “Despite the circumstances, which strongly indicated that Bowling accidentally shot himself in the head, at the urging of Bowling’s family members, police later began investigating the death as a homicide,” according to a motion filed by Clark’s attorneys, requesting a new trial.

    The two teenagers were sentenced to life in prison after being convicted of murder and conspiracy to commit murder, following a weeklong trial in 1998.

    Clark’s exoneration came a year and a half after investigative podcasters Susan Simpson and Jacinda Davis began scrutinizing his case in their Proof true-crime podcast in 2021, and interviewed two of the state’s key witnesses.

    Through their investigation, new evidence emerged which “shattered the state’s theory of Clark’s involvement” in Bowling’s death and the podcasters flagged his case to the Georgia Innocence Project, according to its news release.

    The first witness, a woman who lived near Bowling’s home was interviewed by police, who claimed she alleged the teens confessed they had “planned the murder of Bowling because he knew too much about a prior theft Storey and Clark had committed,” according to the Georgia Innocence Project.

    Based on her testimony, Storey was charged with murder and Clark was arrested as a co-conspirator despite having a corroborated alibi, stating he was home on the night of the shooting, which was supported by two witnesses, according to Clark’s motion for a new trial.

    But the woman revealed in the podcast, police coerced her into giving false statements and threatened to take her children away from her if she failed to comply, according to the Georgia Innocence Project.

    Darrell Lee Clark was released from the Floyd County Jail on Thursday after the Rome Judicial Circuit District Attorney's Office and Floyd County Superior Court Judge John Neidrach agreed that his conviction should be overturned.

    Police claimed the other witness, a man who was in a different room of the Bowlings’ home at the time of the shooting, identified Clark from a photo lineup as the person he saw running through the yard on the night Bowling was shot, the news release said.

    It was uncovered in the podcast the man’s testimony was based on an “unrelated, factually similar shooting” which he witnessed in 1976, and he never identified Clark as the individual in the yard, nor did he ever witness anyone in the yard on the night of the shooting, according to the Georgia Innocence Project.

    Davis told CNN in an interview when she and Simpson started their investigation, they weren’t expecting anything to come of it, but as they interviewed more people, it was “clear that it just wasn’t adding up.”

    “It took us a long time to talk to both of those witnesses. The podcast was happening in almost real time as an investigation. When we finally found and were able to talk to those two witnesses, it really solidified that both of these guys had been wrongly convicted,” Davis said.

    Clark’s attorneys filed pleadings in September to challenge a wrongful conviction and ask for a new trial, citing new information which proved his conviction was based on false evidence and coercion, Hurley told CNN.

    Clark, now 43, was released from the Floyd County Jail Thursday after the Rome Judicial Circuit District Attorney’s Office and Floyd County Superior Court Judge John Neidrach agreed the conviction should be overturned and all underlying charges against him dismissed, after evidence in the case was reexamined.

    Storey, who admitted to bringing the gun to Bowling’s home, was also released after accepting a plea deal for involuntary manslaughter, and a 10-year sentence with time served, after spending 25 years in prison. He was also exonerated of murder charges.

    Storey told CNN in an interview he was afraid to go to sleep the first night after he was released in case he would wake up and “realize it was all a dream.”

    “It’s been surreal to say the least,” he added. “I believe it’s going to be great. One step at a time. I never allowed my mind to get locked up all those years, anyhow.”

    “You never think something like that is going to happen to you,” said Lee Clark in a statement released by the Georgia Innocence Project. “Never would I have thought I would spend more than half my life in prison, especially for something I didn’t do.”

    Clark’s father, Glen Clark, told CNN in an interview, “I’ve been waiting for this day for a long, long time. 25 years. My son was wrongly accused, and I knew it all these years. It’s hard for me to live with that.”

    “I watched my son go into prison as a kid, I watched him go through prison, I watched him come out as a man. He became a man in prison,” he added.

    Clark is living with his family in their home in Floyd County for the foreseeable future as he focuses on readjusting to life outside prison and rebuilding his life, he told CNN. Storey said he also moved back to Floyd County, with plans to go back to school and get a job.

    Clark said Judge Neidrach apologized on behalf of the state of Georgia and Floyd County this week during the court hearing this week, which was an important step toward healing.

    “That really touched my heart, because I had been living in corruption for so long, and it meant a lot to have someone acknowledge that wrong,” he told CNN.

    The Georgia Innocence Project will work to support Clark during his transition and connect him to resources, and a personal fundraiser has been organized on the MightyCause platform, open to the public for donations to Clark and his family, Hurley said.

    “It’s probably going to take some time to like truly process that he is free and doesn’t have to go back behind prison walls, because he spent most of his life behind them,” Hurley said.

    After his release, Clark is living with his family in their home in Floyd County for the foreseeable future as he focuses on readjusting to life outside prison and rebuilding his life.

    “More than anything, he’s looking forward to getting to spend time with his family and rebuilding some of those relationships that he was, frankly, ripped away from at the age of 17,” she added.

    The exonerations of both men were the culmination of a collaboration between Clark, Storey and his defense team, as well as the Bowling family, which was willing to take an “objective look at this case and reevaluate some of the things they have been told in the past,” Hurley said.

    Davis was in the courtroom during Clark and Storey’s hearing this week and said she’s still “in shock” and feels a huge amount of relief for both men.

    “In the end, I also feel for Brian Bowling’s family who have been incredibly gracious and supportive as well. It’s really rare when you have the victim’s family support the convictions being overturned,” Davis said.

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  • Medill Justice Project Investigates ‘Three-Strikes Law’

    Medill Justice Project Investigates ‘Three-Strikes Law’

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    Tulsa man convicted in spate of purse snatchings serving a life sentence. Oklahoma beginning to grapple with consequences of habitual offender law as other states reform sentences.

    Press Release


    Sep 19, 2016

    In a 10-week investigation, The Medill Justice Project probed the complex issues involved in the three-strikes laws that have swept the country. The story examines prison overcrowding, the costs of incarceration, prosecutors’ discretion in pursuing convictions and the case of prisoner Rodney Fisher, a Tulsa man convicted of multiple burglaries and robberies in the 1980s and sentenced under the habitual offender law to 52 years in prison.

    In 2004, Fisher was found guilty of escaping from a minimum-security prison, yet again triggering the state’s habitual offender law. Typically, the sentence for a prison escape would range from two to seven years. But because Fisher had already been convicted of multiple felonies, the law allowed for the punishment to be multiplied. The range suddenly rose to six years to life.

    Fisher got life.  

    Under Oklahoma law, those convicted of murder can serve as little as 10 years. A robbery sentence can bring less time than that. Some nonetheless say Fisher, now 52, got what he deserved. Others point to action in states that have reformed draconian sentences. In Oklahoma, leaders are beginning to grapple with the consequences of one of the highest incarceration rates in the nation and the consequences of its habitual offender law.

    “The three-strikes laws raise important issues about crime and punishment in the United States that need to be addressed but offer no easy answers,” said Northwestern University Prof. Alec Klein, MJP’s director.

    Three Northwestern University students at The Medill Justice Project worked in collaboration with Oklahoma Journalists for Justice, a nonprofit investigative journalism organization based in Tulsa.

    The story is available at www.medilljusticeproject.org.

    About The Medill Justice Project

    The Medill Justice Project, founded at Northwestern University in 1999, is an award-winning national investigative journalism center that examines potentially wrongful convictions, probes national systemic criminal justice issues and conducts groundbreaking research. As journalists, MJP advocates only for the truth.

    For more information:
    Prof. Alec Klein, Northwestern University
    Director, The Medill Justice Project
    (847) 467-4476
    alec-klein@northwestern.edu

    Amanda Westrich
    Director of operations, The Medill Justice Project
    (847) 467-5307
    amanda.westrich@northwestern.edu

    Source: Medill Justice Project

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  • Medill Justice Project Podcast Provides Rare Behind-the-Scenes Look at Investigation of Death Row Inmate’s Case

    Medill Justice Project Podcast Provides Rare Behind-the-Scenes Look at Investigation of Death Row Inmate’s Case

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    Seven-episode series follows MJP staff and students who spent 10 weeks examining Tommy Zeigler’s conviction. Listen to class strategy sessions, extended cuts of interviews with key subjects and students’ reactions as they search for the truth.

    Press Release


    Jul 13, 2016

    ​​For the first time, The Medill Justice Project releases a podcast series offering listeners exclusive access to its investigation of a potentially wrongful conviction.

    Over 10 weeks this spring, a team of Northwestern University undergraduate and graduate students examined a 40-year-old murder case, discovering significant details overlooked and ballistics evidence that points away from Tommy Zeigler, who was convicted of the crime.

    The students investigated the case as part of a journalism class MJP supports at the Medill School of Journalism, Media, Integrated Marketing Communications.

    “The Medill Justice Project is a unique program,” said Northwestern University Prof. Alec Klein, MJP’s director. “There’s no other known program like it in the world where students at a university, as part of a class, investigate a real murder case where the accused says that he or she has been wrongfully convicted or charged and then we publish our findings for the world.”

    The podcast is available as at http://www.medilljusticeproject.org/mjp-radio/.

    In June, MJP published its investigation of the case, shedding light on two witnesses who call into question Zeigler’s guilt but whose accounts never made it into the trial. Prosecutors argued Zeigler shot himself in the lower torso to make it appear he was the victim of a robbery. But experts say it is practically unheard of for someone to shoot themselves in such a critical place, risking death, to cover up a crime. And the two key witnesses against Zeigler offered accounts of the night of the crime that have changed over the years while details have disappeared.

    About The Medill Justice Project

    The Medill Justice Project, founded at Northwestern University in 1999, is an award-winning national investigative journalism center that examines potentially wrongful convictions, probes national systemic criminal justice issues and conducts groundbreaking research. As journalists, MJP advocates only for the truth.

    For more information:

    Prof. Alec Klein, Northwestern University
    Director, The Medill Justice Project
    (847) 467-4476
    alec-klein@northwestern.edu

    Amanda Westrich
    Director of operations, The Medill Justice Project
    (847) 467-5307
    amanda.westrich@northwestern.edu

    Allisha Azlan
    Associate, The Medill Justice Project
    (847) 491-5840
    allisha.azlan@northwestern.edu

    Source: The Medill Justice Project

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  • Medill Justice Project Investigation Finds Crucial Details Overlooked in Case Against Florida Man Condemned to Death Row

    Medill Justice Project Investigation Finds Crucial Details Overlooked in Case Against Florida Man Condemned to Death Row

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    Ballistics Evidence Points Away From Prisoner Tommy Zeigler, Experts Say. Zeigler’s fate is in play as he seeks new DNA testing in the wake of a U.S. Supreme Court decision striking down Florida’s death penalty.

    Press Release


    Jun 13, 2016

    ​​​​​​In an investigation of a 40-year-old Florida murder case, a team of Northwestern University undergraduate and graduate students has discovered significant details overlooked in the case and ballistics evidence that points away from Tommy Zeigler, who was convicted of the crime. The students’ investigation (www.medilljusticeproject.org) also found conflicting accounts from key eyewitnesses that raise questions about what happened when four people were killed in a bloody massacre in a furniture store in Winter Garden, near Orlando, Florida.

    “What the students have uncovered is remarkable and significantly challenges the conviction of a man who faces the death penalty,” said Northwestern University Prof. Alec Klein, director of The Medill Justice Project, who oversaw the 10 students’ work as part of a class he teaches.

    “What the students have uncovered is remarkable and significantly challenge the conviction of a man who faces the death penalty.”

    Alec Klein, Northwestern University Professor and Director of The Medill Justice Project

    Among The Medill Justice Project’s findings:

    • Two witnesses call into question Zeigler’s guilt but their accounts never made it into the trial. Those witnesses, Ken and Linda Roach, heard 12 to 15 gun shots within four seconds as they were driving by the furniture store where the murders took place. The Roaches said authorities were not interested in hearing their story and wouldn’t provide information for them to contact the defense attorneys. Ballistics experts interviewed for this story say it would be virtually impossible for a single person to fire a non-automatic weapon so quickly.
       
    • Zeigler, who has always maintained his innocence, was discovered at the crime scene with a bullet hole through his lower torso. At trial, the prosecution argued Zeigler shot himself to make it appear he was the victim of a robbery. But experts interviewed for this story say it is practically unheard of for someone to shoot themselves in such a critical place, risking death, to cover up a crime. The experts also note the angle of the bullet, as it passed through his body, would have required him to use his non-dominant left hand to fire the weapon. And based on ballistics evidence, Zeigler would have had to shoot himself with the gun positioned away from his body, depriving him of the ability to stabilize the gun’s muzzle against his body.
       
    • The two key witnesses against Zeigler offered accounts of the night of the crime that have changed over the years while details have disappeared, according to interviews with sources, police records, trial transcripts and other court documents as well as investigative reports.

    Reprints

    Other media outlets can run this story with the accompanying photos, videos and audio clips as long as the material is not edited and The Medill Justice Project is credited in the byline.

    About The Medill Justice Project

    The Medill Justice Project, founded at Northwestern University in 1999, is an award-winning national investigative journalism center that examines potentially wrongful convictions, probes national systemic criminal justice issues and conducts groundbreaking research. As journalists, MJP advocates only for the truth.

    For more information:

    Prof. Alec Klein, Northwestern University
    Director, The Medill Justice Project
    (847) 467-4476
    alec-klein@northwestern.edu​

    Amanda Westrich
    Director of operations, The Medill Justice Project
    (847) 467-5307
    amanda.westrich@northwestern.edu

    Allisha Azlan
    Associate, The Medill Justice Project
    (847) 491-5840
    allisha.azlan@northwestern.edu

    Source: The Medill Justice Project

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