Actual Innocence – Establishing Innocence or Guilt The Use of DNA March 8-10, 2010 Jim Bethke, Director, Task Force on Indigent Defense

Task Force on Indigent Defense

Actual Innocence – Establishing Innocence or GuiltThe Use of DNAMarch 8-10, 2010

Jim Bethke, Director, Task Force on Indigent Defense

http://www.courts.state.tx.us/tfid


HB 498 Established:

Timothy Cole Advisory Panel on Wrongful Convictions, a bi-partisan group charged with assisting the Task Force on Indigent Defense (Task Force) with preparing a report with recommendations for preventing wrongful convictions


Membership

The Honorable John Whitmire

Chair, Criminal Justice Committee, Texas Senate

The Honorable Jeff Wentworth

Chair, Jurisprudence Committee, Texas Senate

The Honorable Jim McReynolds

Chair, Corrections Committee, Texas House of Representatives

The Honorable Pete Gallego

Chair, Criminal Jurisprudence, Texas House of Representatives

Texas Criminal Defense Lawyers Association:

Kathryn M. Kase, Texas Defender Service

Mr. Barry MachaPresident, Texas District and County Attorneys AssociationCriminal District Attorney, Wichita Co. The Honorable Barbara HerveyJudge, Court of Criminal Appeals Four law schools designated:Dr. Sandra ThompsonUniversity of Houston Law Center Representative from the Office of the GovernorMary Anne WileyDeputy General Counsel James D. BethkeDirector, Task Force on Indigent Defense


Exonerations in Texas1. Gilbert Alejandro, 3.5 years incarcerated, exonerated in 19942. Kevin Byrd, 12 years incarcerated, exonerated in 19973. Ben Salazar, 5 years incarcerated, exonerated in 19974. A.B. Butler, 16 years incarcerated, exonerated in 20005. Roy Criner, 10 years incarcerated, exonerated in 20006. Carlos Lavernia, 15 years incarcerated, exonerated in 20007. Anthony Robinson, 10 years incarcerated, exonerated in 20008. David Pope, 15 years incarcerated, exonerated in 20019. Calvin Washington, 13 years incarcerated, exonerated in 200110. Mark Webb, 10 years incarcerated, exonerated in 200111. Richard Danzinger, 11 years incarcerated, exonerated in 200212. Chris Ochoa, 11.5 years incarcerated, exonerated in 200213. Victor Thomas, 15 years incarcerated, exonerated in 200214. Wiley Fountain, 16 years incarcerated, exonerated in 200315. Donald Good, 13.5 years incarcerated, exonerated in 200416. Josiah Sutton, 4.5 years incarcerated, exonerated in 200417. Entre Karage, 6.5 years incarcerated, exonerated in 200518. Brandon Moon, 17 years incarcerated, exonerated in 200519. Keith Turner, 4 years incarcerated, exonerated in 200520. George Rodriguez, 17 years incarcerated, exonerated in 200521. Arthur Mumphrey, 17.5 years incarcerated, exonerated in

2006

22. Billy Miller, 22 years incarcerated, exonerated in 200623. Eugene Henton, 1.5 years incarcerated, exonerated in 200624. Billy Smith, 19 years incarcerated, exonerated in 200625. Larry Fuller, 19.5 years incarcerated, exonerated in 200726. Andrew Gossett, 7 years incarcerated, exonerated in 200727. Greg Wallis, 17 years incarcerated, exonerated in 200728. James Waller, 10 years incarcerated, exonerated in 200729. James Giles, 10 years incarcerated, exonerated in 200730. Steven Phillips, 24 years incarcerated, exonerated in 200831. Ronald Taylor, 12 years incarcerated, exonerated in 200832. Charles Chatman, 26.5 years incarcerated, exonerated in 200833. Michael Blair, 13.5 years incarcerated, exonerated in 200834. Thomas McGowan, 23 years incarcerated, exonerated in 200835. Patrick Waller, 15.5 years incarcerated, exonerated in 200836. Ricardo Rachell, 5.5 years incarcerated, exonerated in 200937. Timothy Cole, 13 years incarcerated (passed away in prison),

exonerated in 200938. Johnnie Lindsey, 27 years incarcerated, exonerated in 200939. James Woodard, 27 years incarcerated, formally pardoned in 200940. Jerry Lee Evans, 23 years incarcerated, exonerated in 200941. (pending) Ernest Sonnier , 23 years, was freed on Friday, August 7,

2009, pending the Court of Criminal Appeals review of the District Court’s recommendation to vacate his conviction.


Source: The Justice Project

• Texas has more wrongful convictions exposed by DNA than any other state in the country

• Collectively, 39 men (not taking into account the two most recent exonerations) have spent more than 548 years in prison with an average of fourteen years

• Over $17 million dollars have been paid by state and local governments in civil settlements and statutory compensation to those wrongfully convicted

• Twelve counties in Texas have uncovered wrongful convictions through DNA evidence

• Dallas County leads the state in the number of wrongful convictions, a direct result of preserving DNA evidence while other counties destroyed it

• Nine people have been released from Texas’ death row based on evidence of their innocence


Six of the 39 people (not taking into account the two most recent) exonerated from Texas’ death rowphoto credit: The Justice Project


DNA Exonerations by Year

1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 20090

4

5

1 1

4

2

5

7 7

11 1

2

1

4

5

4

1

Dallas County Texas

The Justice Project: http://www.thejusticeproject.org/convicting-the-innocent/


The 39 DNA cases analyzed by The Justice Project clearly indicate that eyewitness misidentification is by far the leading factor in wrongful convictions in Texas.

Mistaken eyewitness ID

Unreliable or Limited Forensic Methods

False Confession or Plea

0 40 80

Percent of cases involving :

Causes of wrongful conviction


"Any wrongful conviction is a tragedy because it leaves the guilty unpunished and condemns the innocent to prison, or death."

-- Wallace B. Jefferson, Chief Justice of the Texas Supreme Court


Timothy Cole Advisory Panel on Wrongful Convictions

PurposePrepare a report on the causes of wrongful conviction, the policies that could be implemented to prevent wrongful convictions, the effects of state law on wrongful convictions, and whether to recommend the creation of an innocence commission.

Eyewitness Identification, Informants, and Recording Interrogations•Examine existing state law•Review existing literature•Compile best practices•Examine reforms adopted in Texas jurisdictions and other states

•Recommend best policy for Texas

Feasibility of an Innocence Commission•Examine previously filed legislation•Examine reforms adopted in states•Identify advantages and disadvantages•Recommend best policy for Texas

Providing a Quality Defense•Examine existing state law•Review existing literature•Compile best practices•Examine reforms adopted in Texas jurisdictions and other states


Post-Conviction DNA and Writs of Habeas Corpus Based on Scientific Evidence•Examine existing state law•Review existing literature•Compile best practices•Examine reforms adopted in Texas jurisdictions and other states


A Purpose-Driven Plan

Documents

Actual Innocence – Establishing Innocence or Guilt The Use of DNA March 8-10, 2010 Jim Bethke, Director, Task Force on Indigent Defense