Monday, December 14, 2009

Monday Roundup: Must Read Articles About Prison

Wrongful Convictions/Exonerations

1. Lake Wales News > News > Local > ‘I’ve been waiting ... for this miracle’
2. Former detective won't say Tuite was overlooked | The San Diego Union-Tribune
3. Sarasota Criminal Justice Reform: Why are innocent persons sentenced to prison?
4. Re: We need to know why innocent people are sent to prison
5. Fighting Wrongful Convictions | BU Today
6. Professional Responsibility: More allegations of prosecutorial misconduct; Second Circuit rules protected by immunity
7. D’Alemberte Petitions for Innocence Commission | The Jacksonville Observer
8. Connecticut searching for any wrongful convictions

Take Action

1. 12 Days of Christmas: Make That Call for Leonard Peltier
2. idealist.org - Spiritual Care Giver: Visit Immigrant Detainees
3. Carlton Gary (Georgians For Alternatives to the Death Penalty) - Fax a Letter

Death Penalty

1. ExecutedToday.com » 10 executions that defined the 2000s
2. Update: Parole board still deliberating in Carlton Gary case, may not issue decision today
3. Fewer Texas inmates sentenced to death -- latimes.com

In Prison

1. The Bloodhound Cell Phone Detector 'Sniffs Out' Contraband Cell Phones in
2. Inmate is found dead in Rockville jail - washingtonpost.com
3. Two Reality Shows Lift Veil on Cook County Jail
4. Privatizing prisons - American Police Beat Magazine
5. California Slashing Millions from Prison Education « Prisonmovement's Weblog

Investigation Procedure

1. Fingerprint trouble plagues others besides HPD | Houston & Texas News | Chron.com - Houston Chronicle

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Wednesday, December 9, 2009

From The Innocence Project



It has been a remarkable year at the Innocence Project. We've freed innocent Americans and won policy reforms that will prevent countless wrongful convictions.

We couldn’t have achieved these victories for justice in 2009 without the partnership of our online community. I’m writing to ask for your support in our pursuit of freedom and justice in 2010.
 
Please donate today -- your gift could open the prison door to free an innocent person.

Looking back on 2009, I’m incredibly proud of how much we’ve accomplished. Here are just a few examples from a successful year:

— Steven Barnes of New York was exonerated in January, ringing in the New Year with an astounding story of freedom and survival.

— Ernest Sonnier of Texas was freed in August after serving 23 years in prison for a crime he didn’t commit.

— So far this year, 18 people in the United States have been exonerated through DNA testing. The growing number of exonerations -- 245 to date -- has brought an increased need for our services. We currently represent over 250 clients across the country and we receive more than 300 new requests for assistance each month. Our intake staff works tirelessly to evaluate each and every request.

—The Innocence Project helped pass 19 state laws this year -- from evidence preservation reforms in Nevada, North Carolina and Oregon to exoneree compensation laws in Mississippi, Nevada and Texas.

—The National Academy of Sciences released a report this year calling for sweeping changes to our country’s forensic science system. We worked with dozens of partners to advocate for reforms that will ensure that our courts rely on solid science.

—Our work doesn’t end when clients leave prison. This year, our social work team worked with 40 people recently freed from prison, easing their adjustment to life after exoneration and helping them secure housing, jobs, transportation and health services.

We’ll be sure to keep you updated by email as events unfold in 2010. But the exonerations and reforms don’t just happen -- your support makes them possible. Nearly half of our funding this year came from generous and committed individual donors.

Please donate to the Innocence Project this holiday season. We’re working hard to make freedom a reality for wrongfully convicted Americans and to bring about critical changes in the system. Will you join us?

Thank you and Happy Holidays,

Barry Scheck
Co-Director
The Innocence Project

P.S. — a donation to the Innocence Project makes a wonderful and meaningful holiday present. Click here to make a gift donation in the name of a friend or relative.

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Monday, December 7, 2009

New Student Group at Brown Focuses on Prison Issues

Brown University shieldBrown University is home to a new student group that meets to discuss prison issues and conditions. The meetings are open to the public and events are posted on Facebook.
Bruce Reilly served nearly 12 years in Rhode Island’s Adult Correctional Institution (ACI) for killing a community college professor in 1992. Now out of jail, he recently sat in a small meeting room in the J. Walter Wilson building on the Brown campus with about a dozen Brown students, talking of his experiences with racial divisions in prison and his current work advocating for better treatment of inmates.

Reilly’s visit was sponsored by the Prison Discussion Group, a new student organization that meets every Sunday night to learn about current issues and conditions in Rhode Island prisons. Coordinated by Becky Mer ’10, the group grew out of concerns among members of a Swearer Center service activity, SPACE, that brings arts into local prisons.

Each meeting features a speaker who has worked with prison inmates, followed by questions and then discussions of often controversial aspects of prison management and life. Topics of the meetings include legal, social, and political background on the Rhode Island criminal justice and prison systems, details on how the ACI operates, federal laws pertaining to prisons, the international criminal justice system, and undocumented immigrants in the criminal justice system.

Read the rest: Behind the razor wire | Today at Brown
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Friday, December 4, 2009

NCADP Annual Conference - Last Day For Early Bird Registration

NCADP Annual Conference!
January 14-17, 2010

The Seelbach Hilton Louisville Hotel
500 Fourth Street
Louisville, Kentucky

Friday's the last day for Early Bird registration! After Dec 4, registration returns to the regular rate. Save $50, and join luminaries like:

Martina Correia, Troy Davis' sister
Tony Amsterdam, who successfully argued the Furman case
Sister Helen Prejean
Rev. Lennox Yearwood, Hip-Hop Caucus
Rev. Barry Lynn, Americans United for Separation of Church and State
Conference Registration: $175 ($225 after December 4, 2009), includes Award Dinner.

Check the Conference website for more info!

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Tuesday, December 1, 2009

Win a Phone Call From Sister Helen Prejean

Texas Moratorium Network is having a drawing for someone to win a phone call from Sister Helen Prejean, author of "Dead Man Walking" and one of the world's leading advocates for abolishing the death penalty. Invite your friends to become a fan of the Texas Moratorium Network Facebook page and to enter the drawing, which will be held on December 15. It is free to enter.

Click here to enter the drawing.

Read more here: Texas Moratorium Network
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Centurion Ministries: Freeing the Innocent

Here's a great article about Jim McCloskey and Centurion Ministries, a group devoted to freeing innocent prisoners:
Jim McCloskey has spent the past 30 years in and out of prisons. His offices at Centurion Ministries in Princeton, N.J., show why: The pictures and newspaper articles covering the walls tell one story after another of Mr. McCloskey's tireless work to free innocent men and women from life sentences or death row.

But McCloskey says it took a couple of detours until he finally found, as he puts it, "a life of authenticity – what I think of as a calling."

After graduating from Bucknell University and a three-year stint in the US Navy (where he was awarded the Bronze Star for valor), McCloskey began to climb the corporate ladder.

But after 13 years, even though he'd achieved success, he felt unfulfilled. So, at the age of 37, he surprised his friends and family by entering Princeton Theological Seminary to become an ordained Presbyterian minister.

In his second year at seminary, McCloskey served as a student chaplain at Trenton (N.J.) State Prison. Ministering to dozens of inmates, he heard many stories of woe and regret. But one inmate in particular, Jorge de los Santos, convicted of murder and serving a life sentence, made a deep impression.

"His cries of innocence haunted me," McCloskey says. "And he challenged me to do something." After spending some long nights of soul-searching, McCloskey made another life-changing decision. Convinced of Mr. de los Santos's sincerity, he withdrew from seminary for a full year to devote himself to proving de los Santos's innocence.

Living on his savings, McCloskey dug in. And his work paid off. Through persistence, he uncovered duplicity in the testimony of the star witness – another inmate incarcerated with de los Santos at the local county jail, ironically similarly named Delli Santi (of the saints).

"Neither of them were saints," McCloskey says with a laugh. But "while Jorge was a drug addict, he wasn't a murderer."

In his research on the case, McCloskey discovered a deal between the witness and the district attorney's office that the jury had never heard about. McCloskey's diligence led to Delli Santi's admission that he had falsely accused Jorge to avoid prison time.

At the time of the trial, the witness, Delli Santi, walked out of jail immediately after testifying falsely. And de los Santos went to prison. Even the judge in the appeals court concurred that this case had serious flaws. He remarked that the jailhouse testimony "reeked of perjury and the prosecutor knew it."

De los Santos's conviction was overturned – and an innocent man walked out of prison after seven years of wrongful incarceration. His cries had, indeed, been heard.

With that victory, McCloskey knew he had found his calling.

Read the rest: He helps innocent prisoners win their freedom | csmonitor.com
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Thursday, November 19, 2009

Urgent: Contact Gov. Rick Perry to Ensure Robert Thompson's Clemency

Urgent news:
Call the Governor and leave a voice message at 512 463 1782 or email him through his website at http://governor.state.tx.us/contact/. Urge him to accept the recommendation of the Texas Board of Pardons and Paroles to grant Robert Thompson clemency and commute his sentence to life. The execution is currently scheduled for Thursday, November 19.

From the Houston Chronicle:
The state pardons board today recommended that Houston killer Robert Thompson's scheduled Thursday execution be commuted to life in prison after his lawyer successfully argued that he was not the triggerman in a December 1996 convenience store robbery-murder.

Gov. Rick Perry, who has only once in his tenure as chief executive voluntarily commuted a death sentence, was expected to rule on the case tonight or tomorrow.

“I'm too scared to be optimistic,” said Thompson's attorney Pat McCann, “but Perry has been receptive to law of parties cases.”

Thompson was sentenced to death in a law of parties case stemming from the slaying of Mansoor Rahim in a Dec. 5, 1996, robbery of a Braeswood Boulevard convenience store. Thompson's partner in the crime, Sammy Butler, fired the fatal shot, but was sentenced only to life in prison.

Under the state's law of parties, all participants in a crime are held fully responsible and can be assessed the death penalty.

Perry's office did not immediately respond to queries about when the governor might decide the case, but McCann said the governor's legal counsel advised him a decision likely would come tonight or tomorrow.

Texas Moratorium Network
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Alaska Innocence Project Needs Your Help


The Alaska Innocence Project got the state Department of Law to agree to retest the evidence in the case of Gregory Marino, whom they believe to be innocent, but the Anchorage Police Department wants the Innocence Project to pay for it.
...the Innocence Project has hit a snag. The Anchorage Police Department told the Department of Law it wanted to be reimbursed financially for retrieving the 250 pieces of evidence (Bill Oberly, the Alaska Innocence Project executive director and attorney, says they don’t need every piece of the evidence, however). Oberly says he was told this week that APD estimates the first stage of testing—re-running fingerprints and palm prints—could take two people as much as 60 to 80 hours per person to locate, retrieve, and deliver the prints to the state crime lab, at a cost of up to $6,000.

Anchorage Press > News > New wrinkles for the Alaska Innocence Project
Help the Alaska Innocence Project get this evidence retested and possible help free an innocent man: Donate to the Alaska Innocence Project

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Wednesday, November 18, 2009

Featured Prison: St. Louis Correctional Facility

I know I've been crapping the proverbial bed at posting lately, but the whole family has been sick, and then sick again and then sick again. Apparently our bodies got so used to the never-changing 89.6 degree, insane humidity of Playa Del Carmen and now being exposed to the filthy, cold drizzle-mist and whipping wind of Vancouver has rendered our immune systems useless against the common (really common) cold. Ugh. What I wouldn't do for a day at the beach right about now. But thanks to Brandi for filling some of my posting void! If there is anyone else out there whole would like to be a guest blogger now and then, just email me at vlu777@gmail.com

So, today we're looking at the St. Louis Correctional Facility in St. Louis, Michigan. The prison, in Gratiot County, opened in 1999 and houses medium security and closed custody level inmates. It has a capacity of around 1200 offenders.

Recently Saint Louis Correctional Facility was in the news when, on Tuesday afternoon, a gang fight broke out amongst 11 inmates in the prison's lunchroom. 3 correctional officers were hurt in the brawl, sending one of them to the hospital.

CORRECTIONS - St. Louis Correctional Facility (SLF)

St Louis Correctional Facility Check-in, Gossip, and Info Thread.. - Prison Talk

LOCKDOWN-St. Louis Prison - PrisonOfficer.Org Forums

To submit a little known fact about this or any other prison, or to suggest a prison for next week's featured prison, please email me at vlu777@gmail.com

Archive of all Featured Prisons on Genpop.org

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Tuesday, November 17, 2009

Prisoners don't suffer enough...

Really? Are you sure? Ok, maybe you are sure, but how much thought did you put into it? Prisons have been around for about 200 years in the United States, and we've yet to answer that question.

Many people feel that prisoners have it too easy. They hear about prisoners furthering their education, watching television and participating in rodeos. They read about prisoners’ free medical care, three meals a day and a roof over their heads. They come away thinking prisoners are pampered, on tax dollars no less, and they get angry. Very angry. They want to know how these criminals deserve an easier life than them, after all, they themselves are hardworking, productive taxpayers who don’t have a criminal record. They ask why the “bad” are rewarded, while the “good” are punished.

Prisoners may or may not be “bad,” and tax-payers may or may not be “good.” The truth is that prisons typically come from of our least privileged class of citizens; our most socio-economically deprived. It very well may be that prison poses a significant improvement in the quality of their lives. Does that mean that we should treat them less-humanely than that to which they are accustomed? What would that say of us? Prison may be better than the tenements many grew up in, than the untreated illnesses many suffered, than the hunger most endured daily as children and it may be a temporary relief from the lack of legitimate opportunities to survive and prosper (yeah, unattainable but ever pursued American Dream). But prison is not “easy street” for anyone. Prison is not living in Mom’s basement and letting her do your cooking and laundry. Hollering at you when supper is ready.

Prison is about deprivations. What prisoners receive is based on constitutional rights (42 USC 1983)- edible food, a dry clean bed. It’s based on the safety for guards as well as the prisoners - riots can break out over the seemingly smallest issues. And, lastly it seems, it is based on rehabilitation - or at least it began that way with the Quakers. The constitution provides rights to everyone, some of which, but not all – no, not all – are surrendered at the door. The most evident rights surrendered are those  provided in the Fourth Amendment which prohibits unreasonable search and seizure. Beyond that, prisoners are also deprived of liberty, goods & Services, autonomy, heterosexual contact, and security(i). Knee-jerk reactions to the rhetoric of others are worthless. Considering what prison must be like isn’t having empathy for a criminal, it is a necessary process in having a qualified opinion on the topic. So consider what these deprivations really mean and how you would feel in this situation.

The loss of liberty means confinement. In its extreme, this might be days spent in Solitary or years spent in a Super-Max facility. At its most lenient, this might mean a line rather than razor-wire forms the boundary that an inmate cannot cross. In either case, the weight of having no freedom of movement, no option to visit an ill relative or even buy shampoo is heavy and persistent. Yes, they “should have thought about that” before committing their crime, but that doesn’t lessen the impact.

The loss of access to goods and services affects a person’s identity. Consider how you’re your possessions help you to define yourself. All Americans define themselves in part, by their possessions. In prison, instead of pride in having a nice house, car, and clothes, there is shame in being assigned a number, a jumpsuit, and a toothbrush. Again, they should have thought of this, but the impact isn’t lessened.

The loss of autonomy is the loss of choices in daily routine. Prisoners are told when to get up, when to go to bed, when and what to eat, what kind of exercise they can access, what their surroundings will look like. There is very little in their lives that they can choose.

With the exception of conjugal visits, sex is prohibited in prison, however, according to a federal study, 12% of all federal prisoners admitted to having had homosexual sexual activity. Sexual urges are biological in nature and refraining from sex for extended periods of time may be one of the most difficult requirements posed upon prisoners. One major way in which humans define themselves is through contact with the opposite sex, so like most of these deprivations, the loss of heterosexual contact adds to the loss of a prisoner’s identity.

The loss of security in prison is staggering. Almost half of the prisoners questioned had been victims of assault, theft, and property damage (to what few possessions they have) within the six months preceding the interview. In prison, there’s no option to move to a safer neighborhood, to secure your personal space, to avoid certain areas that pose a danger.

The final consideration to be made, unquestionably, is not, “Is prison harsh enough.” The final question is, “Who will they be when they get out?” Will they have learned? Will they have legitimate opportunities that they didn’t before, or will they have learned new illegitimate tricks and be “hardened” from the prison experience?

Punishing severely might make society in general feel better initially, and there are folks out there who can feel better about themselves because they’ve never been to prison. Those folks – the unenlightened majority, it would seem - don’t like hearing about education or therapy programs. But does purely severe punishment and nothing else truly serve even those members of society in the long run? Equate it with this scenario: Going to the dentist may not feel good at the time, but it doesn’t take wisdom to know that healthier teeth without pain makes the trip worth it, for years to come. How we handle criminals shouldn’t be any different.

If you're one of the unenlightened, give the dentist a try, it's not that bad; in case you hadn't hear, black cats aren't really bad luck.

(i) Whitehead, Jones, Braswell. Exploring corrections in America, 2nd edition (2007). p 243.

Brandi Pool
A Texas Criminology Major

Charter for Compassion

Bonnoe says: "The folks at the TED Prize have been working with partners around the world to fulfill the wish of best-selling author and former nun, Karen Armstrong – the Charter for Compassion. The Charter is a document collaboratively written with contributions from thousands of people from more than 100 countries. With a sense of urgency, the Charter is a call to action for all of us to live more compassionately with each other in the hopes of ending global suffering. People from every corner of the world – including Oslo, Buenos Aires, Vancouver, Tehran, Capetown, Sydney, San Francisco, Mumbai and more - have embraced the Charter’s inclusive message by affirming the Charter at the Charter for Compassion website and posting the official widget on their blogs in a show of solidarity (see here). It’s a powerful message and one that we wanted to share."

Charter for Compassion

Karen Armstrong's TED Prize: Charter for Compassion - Boing Boing
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Thursday, November 12, 2009

New Guest Blogger: Brandi Pool

We have a new guest blogger here at Genpop.org, Brandi, who is a criminology student in Odessa, Tx. Here are the answers to the questions I posed to guest bloggers:

1.       Are there any circumstances under which you would support state sanctioned killing?
None that I can imagine at this point. I was asked this question this morning in my Law & Society class by a class mate, “you mean if your daughter was raped and murdered you wouldn’t want the person who did it to die?” My reply was that in that situation I wouldn’t have the ability to make a rational decision on the matter and that emotion shouldn’t play a role in determining the fate of another person. See 1st attachment.

2. Do you believe there are situations in which children should be tried as adults? If yes, which situations.
Laws surrounding this issue in Texas currently seem well thought out, but the age at which you can be tried as an adult varies from state to state – with some of them being ridiculous. I believe North Carolina permits it at age 7! If I were to say yes to this question it would be based on the individual. How close to 18 are they? Whether or not there were extenuating circumstances, if they had a long record of felonies, if animal abuse was a part of their history, if their crime “shocked the conscience,” if they seemed unable to be rehabilitated, then yes, I don’t think they should benefit from a clean slate at the age of 18. The death penalty needs to remain unconstitutional for those under 18, regardless of my overall opinion on the death penalty.

3. Name one thing that could change in the American Justice System that you think would make a massive difference in the public's safety and US crime rates.
My goal is to become a college professor with the privilege to remain gainfully employed, to further the Liberal Education of others, and – here’s the selfish part – to do research that can and hopefully WILL influence our state and federal legislators on editing current and creating new laws that BENEFIT everyone. I’m cautiously optimistic, willingly sounding cliché. To address the real question you’ve asked, however, the second attachment should cover it.

Brandi also writes for Amazon Cares and you can follow her on Twitter here: @TxCriMjr

I look forward to her first post! If you are interested in becoming a guest blogger here on Genpop.org, read the info posted at : http://www.genpop.org/2009/11/guest-bloggers-needed.html

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Tuesday, November 10, 2009

Goodnight John Allen Muhammad

John Allen Muhammad, the supposed sniper that terrorized Washington DC for 3 weeks in 2002, is set to die tonight at 9pm.

His lawyer insists he is innocent. As we learned from the Cameron Todd Willingham case, this could very possibly be true. Which means a few things:

1. An innocent man could be murdered legally tonight.
2. A very guilty murderer remains at large and could kill again at any moment.
3. Whether this man is innocent or guilty, a law-abiding, innocent family will be punished for loving him.

All in your name. Think about it. Think about your tax dollars (a lot of them) being spent on this. Mull it over tonight while your government kills another human being. Just think about it. It's all I ask.

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Thursday, November 5, 2009

Guest Bloggers Needed!

The business is picking up, the boy is walking, and living in the big city just has a tendency to suck up your time. Doing what? I can't put my finger on it, but it seems I had a lot more time to do things like blog on Genpop.org when I was living in Mexico. In any case, I love this blog, I love this web site and I don't want it's readers to get bored and abandon it, so I'm looking for someone or several people who want to blog about prison issues, treatment of inmates, the anti-death penalty movement, wrongful convictions and prison books.

Candidates must be fully literate, good with English grammar and spelling (funnily, I typed that wrong and had to edit) and have a serious interest in these issues whether they are professionals or not. I don't want death penalty supporters, I don't want tough-on-crimers. I would like thoughtful, intelligent individuals that can look at empirical data that is widely available from one coast to another, and see that the way we treat our criminals is not helping to make us safer.

While I have absolutely nothing against any religion, I would like to keep religion out of this blog so as not to alienate anyone. This blog is about prison and the death penalty and how both of these punishments simply do not work.

You must also agree that anything you post is subject to my own personal edits. Yeah. That's how we're running things over here. Big brother style. Take it or leave it. (I can't think of any situation that would call for these edits, so long as we stick to the subject matter).

Benefits to you include:

- Doing something good for people who really need it, and for your community
- Educating the public on very serious issues that threaten our personal safety.
- Being able to plug your own related web site or organization every once in a while.

Send me your full name, email address, location, what your relationship to the issues surrounding prison is, an example of your writing and answer these 3 questions:

1. Are there any circumstances under which you would support state sanctioned killing?

2. Do you believe there are situations in which children should be tried as adults? If yes, which situations.

3. Name one thing that could change in the American Justice System that you think would make a massive difference in the public's safety and US crime rates.

If you don't want to be a guest blogger but still want to answer these questions, I welcome the answers in the comments. Otherwise email your application to vlu777@gmail.com

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Prison Twitter List

http://ithuglife.files.wordpress.com/2009/03/twitter-addicts-1.jpg?w=350&h=400

So I started a Twitter list for all my favorite prison related tweeple, which you can see here: http://twitter.com/vlu77/prison-related - I skimmed through all the people I followed and picked out the members of the list, but 5000 twitter accounts is a lot so I probably missed a few here and there. If you'd like to be added to it, @reply me, don't DM. I get too many direct messages, I never read them. I wish I had time, but I barely have time to run this blog. Which brings me to my next post, coming in a few minutes.

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Wednesday, November 4, 2009

Prosecutorial Immunity

SCOTUSblog on prosecutorial immunity in the case of Curtis McGhee:
Prosecutors are normally immune from suit for their official actions during a trial. Tomorrow, in Pottawattamie County v. McGhee, the Court will consider whether that immunity extends to actions taken in preparation for trial. The stakes in this technical question are high because the prosecutors’ actions at issue in the case resulted in two men – the respondents here – being incarcerated for twenty-five years based on falsified evidence.

In 1978, Curtis McGhee and Terry Harrington were convicted of murdering a retired police officer in Pottawattamie County, Iowa and sentenced to life in prison. Twenty-five years later, the release of new files in the cases revealed that prosecutors had fabricated the testimony of a lead witness at their trials and failed to disclose evidence about an alternative suspect to the defense. The Iowa Supreme Court vacated Harrington’s sentence, and McGhee pleaded guilty to a lesser charge in exchange for time served. Both prisoners were freed.

After their release, McGhee and Harrington sued the prosecutors and the county officers under 42 U.S.C. § 1983. The district court ruled that the prosecutors could be held liable for violating McGhee and Harrington’s substantive due process rights, and the Eighth Circuit affirmed that conclusion.

Amy Howe has previously written on the certiorari‑stage briefs in the case at SCOTUSwiki; you can read her discussion here.

The two main issues discussed by both parties in their merits briefs are, first, whether the respondents McGhee and Harrington can establish a constitutional violation by the Pottawattamie County prosecutors; and, second, whether the prosecutors have immunity from suit under § 1983 for such a violation.

In 1976, the Supreme Court held in Imbler v. Pachtman that prosecutors have absolute immunity from liability for their official actions during trial. That conclusion rested largely on policy reasons: the Court emphasized that prosecutors must be able to pursue criminals with “courage and independence,” and without worrying about the threat of lawsuits.

Read the rest: How Broad Is Prosecutorial Immunity? | SCOTUSblog
Anyone who knowingly introduces falsified evidence in court and it results in an innocent man's freedom being taken away, especially for that amount of time, ought to be treated like a criminal. I don't see the question here. It's pretty straight forward to me.

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Featured Prison Revisit: Pleasant Valley State Prison, CA

I covered Pleasant Valley State Prison in Coalinga, California back in July, but we're going to bring it up again because it is where Robert F. Kennedy's assassin, Sirhan Sirhan has been transferred to from Corcoran recently.

Sirhan is now 65 years old, and remains a target in the prison system. He had been in protective housing at Corcoran after being single out as a potential terrorist threat. He had been in isolation for 6 years, and was concerned about his safety at Pleasant Valley. At Pleasant Valley, he would still have his own cell but would interact with more inmates than at Corcoran.

Pleasant Valley is a minimum to medium security prison, unlike the minimum to maximum security Corcoran. Pleasant Valley State Prison is grossly overcrowded.

The Associated Press: Robert F. Kennedy's killer is moved to new site

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Tuesday, October 27, 2009

The Dying Death Penalty in Maryland

The death penalty, in Maryland and elsewhere, is dying. Its death rattle is audible in court rooms and state houses around the nation. And well it should, because it just doesn't work the way it's applied. So maybe the time has arrived to end all the delaying and posturing by doing away with capital punishment once and for all. Governor O'Malley, a death penalty opponent, tried and failed but settled for a compromise. And here we are again, hung up on the protocols of taking a life by lethal injection.

The death penalty in America is an elaborate game of angles and loopholes that anybody on death row can play with the help of a willing attorney who'll file a lifetime of appeals that have little or no relationship to the condemned person's transgression. And all the while it costs $50,000 a year to house a prisoner. There are currently five inmates on death row in Maryland

The death penalty in Maryland has, in effect, been suspended for three years in a dispute over the manner in which the punishment is applied. And the moratorium was recently extended by indirection when a review panel of legislators found "serious flaws" in the new regulations that were proposed by the O'Malley administration. The committee attempted to subpoena all 24 state's attorneys to testify because of differences over how the death penalty is applied in the various counties. The subpoenas were dropped.

Read the rest: The Slow Death of Capital Punishment | Politics & Media | SPLICETODAY.COM
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It should NEVER be too late for claims of innocence

News out of Texas:
It's not entirely unusual for supporters of a death row inmate to throw everything but the kitchen sink out there to make their case, but a fax from "Supporters of Reginald Blanton," have made an interesting allegation. Blanton is scheduled to be executed tomorrow.
Reginald Blanton who faces execution on October 27, 2009 has
just been denied commutation of his death sentence to a lesser
penalty by the Texas Board of Pardons and Paroles. This is in the
face of being advised that there is no physical evidence of guilt.
There is evidence of a shoe print on the door of the murder
victim's apartment which does not match the shoes worn by Blanton
either is style of shoe sole or in size. Charles Aycock, an
attorney and member of the Board of Pardons and Paroles, met with
Blanton and refused to listen to Blanton's description of his
innocence and unfair legal process. Aycock told Blanton that the
Board was not interested in his innocence. Blanton asked if the
Board was not the last forum to which the issue of innocence could
be brought. Aycock told Blanton again that the Board was not
interested in his innocence. He also refused to listen to any
explanation by Blanton for the number of infractions reflected in
Blanton's prison record as being the result of Blanton's stand for
fair treatment of inmates and compliance by the Texas Criminal
Justice Department with their own regulations. Recent coverage of
the bias of the Board in the Houston Chronicle is confirmed by the
treatment Blanton received. Blanton said it is evident that
Aycock had not read the petition for clemency.
To be fair, I'm not sure it is the board's job to retry the case.
So, what? Just kill him instead? Like they did Cameron Todd Willingham? Yes, due to a technicality, ignore the claims of innocence, and kill the bastard. Because it is the structure and technicalities of the American justice system that keep it's crime rates so respectably low, right? *shakes head*

TEXAS DEATH PENALTY Blog | The Dallas Morning News

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Friday, October 23, 2009

Prison Book: A Prison Diary by Jeffrey Archer

http://media.us.macmillan.com/jackets/258H/9780312330842.jpgA Prison Diary by Jeffrey Archer is about prison in the UK. Jeffrey Archer was a bestselling novelist and British Lord. He was convicted of perjury and sentenced to four years in prison. This is volume one in a series of 3 books recounting his time in British prisons, starting with BMP Belmarsh, a notorious, maximum security lockup. This first of three was written while he was incarcerated at Belmarsh.

The book describes daily life in British lockup and explains the daily routine as well as the unexpected moments he experienced while at Belmarsh.

Jeffrey Archer is critical of the British prison system and questions many different policies, including sending small time criminals and short-term offenders to a high-security prison like Belmarsh, explaining that it makes a bad situation worse.

While I would hardly describe this book as excellent, it was extremely interesting to someone who almost exclusively reads books about the American prison system. There are some blaring differences and some surprising similarities. It is definitely worth a read, along with the other two books in the series, Purgatory: A Prison Diary Volume 2 and Heaven: A Prison Diary Volume 3

To suggest a book to be featured on Genpop, please email me: vlu777@gmail.com

Click here for the archive of all prison books.

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Thursday, October 22, 2009

DNA Test Waivers, or Rather, Bull%&*$

The Plain Error Blog at the Innocence Project of Florida just keeps getting better and better. I highly recommend subscribing to the feed.

Plain Error recently posted about DNA test waivers, which basically make federal defendants waive their right to DNA testing if they plead guilty. I really don't understand this, and I will never understand anyone's opposition to DNA testing whenever possible. Pre-trial, post-conviction, post-execution, it doesn't matter. Should the truth not matter more than anything? More than the cost of DNA testing, more that the possibility of the authorities being wrong? I believe DNA testing should be allowed, automatically, for any defendant, convicted felon or death row inmate no matter how long it's been since conviction. We should, first and foremost, be concerned with the rights of human beings, and denying a potentially innocent person the right to prove that innocence is a violation of basic human rights, even if 9 out of every 10 are proven guilty.
During the Bush administration, a policy was passed requiring some federal defendants to abandon their right to DNA testing, mainly those who plead guilty. These waivers deny the defendant DNA testing, a federal right granted to them in the Innocence Protection Act of 2004, even if new evidence emerges.
Prosecutors who use them, including some of the nation’s most prominent U.S. attorneys, say people who have admitted guilt should not be able to file frivolous petitions for testing. They say the wave of DNA exonerations has little impact in federal court because all those found to be innocent were state prisoners, and the waivers apply only to federal charges. DNA evidence is used far more frequently in state courts.
This pretty much undermines the 2004 law, since a majority of federal inmates plea guilty (97%). Prosecutors often present the waiver alongside a plea agreement, and failure to sign the waiver breaks the agreement seeking lighter prison time.

Read more: Justice Department to Review DNA Test Waivers | Innocence Project of Florida

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Tenth Annual March to Abolish the Death Penalty

From the Texas Moratorium Network:

It is time to march and rally to abolish the death penalty. This Saturday at 2 PM in Austin at the Texas Capitol is the 10th Annual March to Abolish the Death Penalty.

Three innocent, exonerated former death row prisoners will be among the special guests at theTenth Annual March to Abolish the Death Penalty October 24, 2009 on the South Steps of the Capitol at 11th and Congress. Also attending will be the friend of Todd Willingham, Elizabeth Gilbert, a Houston teacher and playwright who first investigated his innocence and is still fighting to exonerate him. Plus, Todd’s last lawyer Walter "Skip" Reaves.

Scott Cobb of Texas Moratorium Network said: “The last request of Todd Willingham to his parents was 'please don’t ever stop fighting to vindicate me.' Please attend the march to support the Willingham family as they continue to fight to prove that Todd Willingham was innocent."
10th Annual March to Abolish the Death Penalty October 24 in Austin


Panel Discussion: Friday, October 23, the night before the march, there will be a panel discussion on the campus of the University of Texas at Austin at 7 PM with Elizabeth Gilbert (the penpal of Todd Willingham who first investigated and then advocated for his innocence), Shujaa Graham and Curtis McCarty, who will both speak about what it is like to be innocent and sentenced to death. Shujaa spent three years on death row in California. Curtis spent 19 years on death row in Oklahoma before his exoneration and release in 2007. The panel is in the Sinclair Suite (room 3.128) of the Texas Student Union on Guadalupe Street.

Schedule for the 10th Annual March to Abolish the Death Penalty
Saturday Oct 24 in Austin

1 PM – 2 PM Press conference in the Speaker’s Committee Room (2.W6) inside the Capitol building. The purpose is to allow the media to ask questions and conduct interviews with the speakers listed above.
2 PM We start to gather at the Texas Capitol on the sidewalk by the South gate of the Capitol entrance on Congress Avenue at 11th Street (Map)
2:30 or 2:45 Start to march down Congress Ave to 6th Street and back to Capitol
3:00 or 3:15 Rally on the South Steps of the Texas Capitol with speakers.


Speakers at the march will include three innocent, now-exonerated death row prisoners (Shujaa Graham, Curtis McCarty and Ron Keine), Jeff Blackburn (Chief Counsel of the Innocence Project of Texas), Jeanette Popp (a mother whose daughter was murdered but who asked the DA not to seek the death penalty), Elizabeth Gilbert (the penpal of Todd Willingham mentioned in The New Yorker article who first investigated his innocence and helped his family find a fire expert to investigate), Walter Reaves (the last attorney for Todd Willingham, who fought for him through the execution and continues to fight to exonerate him), Terri Been whose brother Jeff Wood is on death row convicted under the Law of Parties even though he did not kill anyone, and Anna Terrell the mother of Reginald Blanton who is scheduled for execution in Texas on Oct 27 three days after the march, plus other family members of people currently on Texas death row.

Post-march Strategy Meeting: Immediately after the march on October 24, we plan to hold a networking and strategy meeting inside the capitol. Everyone is invited to attend the strategy session and help us plan how to move forward towards abolition in Texas. A major aspect of the session will be for family members of people on death row to share their stories and learn from each other and us how tThe strategy session will start about 30 minutes after the last speaker at the march and last about an hour and a half.

If you are in Houston and want to ride a bus to Austin for the march, e-mail abolition.movement@hotmail.com to confirm a seat on the bus from Houston to Austin for the march on Saturday. They will meet at S.H.A.P.E. Center, 3815 Live Oak, 9:30 Saturday morning in Houston, have a press conference at 10:00 where they will shout it from the rooftop that Todd Willingham was innocent. Then they will leave for the march in Austin. They will return to Houston after the march and rally.

U.S. Supreme Court Justice Antonin Scalia wrote in 2006 that in the modern judicial system there has not been “a single case–not one–in which it is clear that a person was executed for a crime he did not commit. If such an event had occurred in recent years, we would not have to hunt for it; the innocent’s name would be shouted from the rooftops.” On Saturday Oct 24 in Austin, people from across Texas will gather and shout out that Todd Willingham was innocent to show the world and Rick Perry that there are people in Texas who are convinced that Todd was innocent and that executions in Texas should be stopped before another innocent person is executed”.

The annual march is organized by several Texas anti-death penalty organizations, including the Austin chapter of the Campaign to End the Death Penalty, Texas Moratorium Network, the Texas Death Penalty Abolition Movement, Texas Students Against the Death Penalty and Kids Against the Death Penalty and sponsored by over 50 various organizations. For the full list of sponsors, click here.

Thank you to everyone who has already signed the petition to Governor Rick Perry and the State of Texas to acknowledge that the fire in the Cameron Todd Willingham case was not arson, therefore no crime was committed and on February 17, 2004, Texas executed an innocent man.

More than 3,260 people have signed. We are also working with another organization (CredoMobile) that collected 2,617 on their own similar petition. So together we are nearing 6,000 petition signatures to turn in to Rick Perry on October 24 during the 10th Annual March to Abolish the Death Penalty in Austin at the Texas Capitol.

Thank you also to the many people who have donated to help us organize the march. We have reached our goal of raising $1,000 for the march! Your contribution now will help us continue to fight the death penalty after the march.

You can make a tax-deductible donation by credit card or by sending a check to:

Texas Death Penalty Education and Resource Center
3616 Far West Blvd, Suite 117, Box 251
Austin, Texas 78731

Texas Death Penalty Education and Resource Center is a 501(c)(3) non-profit organization, so donations are tax-deductible.

We are making a difference! After ten years of organizing the Annual March to Abolish the Death Penalty, we have convinced many people to change their minds from supporting to opposing the death penalty. Just this week, former Texas Governor Mark White announced he has changed his mind about the death penalty.

Former Gov. Mark White, who was involved in the executions of 20 condemned criminals, says it may be time for Texas to do away with the death penalty. The death penalty is no longer a deterrent to murder, and long stays for the condemned on death row shows justice is not swift, White said. More than anything, he said, he has grown concerned that the system is not administered fairly and that there are too many risks of executing innocent people. White said the state needs to take a serious look at replacing the death penalty with life without parole. “There is a very strong case to be made for a review of our death penalty statutes and even look at the possibility of having life without parole so we don't look up one day and determined that we as the state of Texas have executed someone who is in fact innocent,” said White.

If you live outside Texas and can not attend the march Saturday, please call Governor Perry and leave him a voice mail saying that you are participating by telephone in the 10th Annual March to Abolish the Death Penalty. Tell him to stop covering up the execution of an innocent man. Tell him to admit Todd Willingham was innocent. Tell him to Stop Executions before he executes another innocent man.

Gov. Rick Perry's Voice Mail - 512 463 1782.

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Wednesday, October 21, 2009

Featured Prison: Georgia Diagnostic and Classification Prison

The Georgia Diagnostic and Classification State Prison houses Georgia's death row inmates, otherwise known as inmates under death sentence or UDS inmates. It is also home to the death chamber, where inmates are executed via lethal injection. Most recently, Mark McClain.

The prison opened in 1968 in Jackson, Georgia and has a capacity for 1785 maximum security or UDS inmates. It is the largest prison in the state of Georgia. It serves as the diagnostic center or processing center for the Georgia Department of Corrections.

This is also where Troy Anthony Davis is housed, a death row inmate who has maintained his innocence since his conviction in 1991. After his conviction, a vast majority of the prosecutions witnesses recanted their testimonies and further evidence supporting the theory that someone else committed the crime surfaced. This past August, the Supreme Court ordered a hearing in Troy Davis' case.





To submit a little known fact about this or any other prison, or to suggest a prison for next week's featured prison, please email me at vlu777@gmail.com

Archive of all Featured Prisons on Genpop.org

|| Georgia Department of Corrections ||

Georgia Diagnostic and Classification State Prison - Wikipedia, the free encyclopedia

Georgia Diagnostic & Classification Prison - Prison Talk

Hard Time | Photos | - National Geographic Channel

Maximum Security: American Justice | Programmes | National Geographic Channel

Troy Davis case - Wikipedia, the free encyclopedia

Troy Anthony Davis

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Tuesday, October 20, 2009

Mark White: Review the Death Penalty

From Plain Error at the Innocence Project of Florida:
As Texas Governor Rick Perry shamelessly insists on plowing ahead with the October 27th execution of Reggie Blanton (for a good article on the Blanton case go HERE), former Texas Governor Mark White is urging for a review of the death penalty in Texas following the recent hullabaloo surrounding Perry’s actions relating to the 2004 execution of Todd Willingham. A Houston Chronicle article today quoted the former Governor as saying he believes the “system is so unreliable it creates an unnecessary possibility that an innocent person would be executed in Texas.” Well, kudos to Governor White, but he only got it partially correct. The system he refers to is so unreliable that it does not merely create the possibility that an innocent person would be executed in Texas, it in fact permitted an innocent person to be executed in Texas. His name was Todd Willingham. While Perry appallingly refuses to come to terms with (or even speak somewhat honestly about) Willingham’s execution, Governor White (who presided over the execution of twenty individuals during his time in office) has some more intelligent things to say, e.g.
There is a very strong case to be made for a review of our death penalty statutes and even look at the possibility of having life without parole so we don’t look up one day and determined that we as the state of Texas have executed someone who is in fact innocent
Read the rest: Former Texas Governor Calls for Review of Death Penalty in Texas | Innocence Project of Florida

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Thursday, October 15, 2009

Was Perry Briefed Before Willingham Died?

Just 88 minutes before the February 2004 execution of Cameron Todd Willingham, Gov. Rick Perry's office received by fax a crucial arson expert's opinion that later ignited a political firestorm over whether Texas, on Perry's watch, used botched forensic evidence to send a man to his death.

In a letter sent Feb. 14, three days before Willingham was scheduled to die, Perry had been asked to postpone the execution. The condemned man's attorney argued that the newly obtained expert evidence showed Willingham had not set the house fire that killed his daughters, 2-year-old Amber and 1-year-old twins Karmon and Kameron, two days before Christmas in 1991.

On Feb. 17, the day of the execution, Perry's office got the five-page faxed report at 4:52 p.m., according to documents the Houston Chronicle obtained in response to a public records request.

But it's unclear from the records whether he read it that day. Perry's office has declined to release any of his or his staff's comments or analysis of the reprieve request.

A statement from Perry spokesman Chris Cutrone, sent to the Chronicle late Friday, said that “given the brevity of (the) report and the general counsel's familiarity with all the other facts in the case, there was ample time for the general counsel to read and analyze the report and to brief the governor on its content.”

wrongful-convictions: Perry's office quiet on expert's arson report
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Shackling Female Inmates During Labor

This grossly torturous practice is finally being condemned:
I’m not sure if this has been posted here yet, but its been all over the web recently. Earlier this month, in a 6-5 decision, an en banc 8th Circuit Court of Appeals overturned last year’s decision by a three judge panel for the Circuit and held that constitutional protections against shackling pregnant women during labor had been clearly established by decisions of the Supreme Court and the lower courts. The full decision is available HERE.

The Americn Civil Liberties Union, which represented the prisoner who brought the complaint, recently issued a Press Release, described the facts of the case as follows:

[Shawanna] Nelson was a 29-year-old non-violent offender who was six months pregnant with her second child when she was incarcerated by the Arkansas Department of Corrections (ADOC) in June 2003. Three months later, after going into labor, she was taken to a local hospital where correctional officers shackled her legs to opposite sides of the bed. Nelson remained shackled to the bed for several hours of labor until she was finally taken to the delivery room.

The shackles caused Nelson cramps and intense pain, as she could not adjust her position during contractions. She was unshackled during delivery, but was immediately re-shackled after the birth of her son. After childbirth, the use of shackles caused her to soil the sheets of her bed because she could not be unshackled quickly enough to get to a bathroom.

8th Circuit Court of Appeals Rejoins Humanity and Condemns Shackling Of Pregnant Prisoners In Labor | Innocence Project of Florida
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