Anatomy of a Wrongful Convictionnce.fd.org/sites/nce.fd.org/files/publications... · THERESA NEWMAN. DUKE LAW WRONGFUL CONVICTIONS CLINIC. Anatomy of a Wrongful Conviction. Recognize

THERESA NEWMA ND U K E L A W W R O N G F U L C O N V I C T I O N S C L I N I C

Anatomy of a Wrongful Conviction

Presenter

Presentation Notes

Recognize that Neil Vidmar and Brandon Garrett are going to comment afterward – on the directions for research But, as we make our way though some of the exonerations and active cases, JEC and I will note some areas of (possibly) fruitful inquiry our “N” = 4 exonerations; 8 cases currently in court; other cases in investigation All of our cases are post-conviction cases, and the mechanism for seeking relief is a Motion for Appropriate Relief (much like a complaint; lengthy – facts and grounds for relief) We are also committed to trying to work collaboratively with the state in resolving these cases, and we have attempted to do so in all cases except one (Pierpoint )

NC’s State of Innocence

The Innocence Project®

Duke and UNC Innocence Projects

The NC Center on Actual InnocenceMumma

The Duke Wrongful Convictions Clinic Coleman, Newman, and Lau

The NC Chief Justice’s Commission on Actual Innocence

The NC Innocence Inquiry CommissionMontgomery-Blinn

The Innocence Network

Selected WCC Cases

Noe Moreno

The Charges

January 2006 Car Crash

Vehicular homicide

DUI

Enhanced Charges

2nd degree murder

Assault with a deadly weapon

Assault with a deadly weapon inflicting serious injury

Driving while impaired

May 2007 Guilty Plea

As charged

A Game of “Telephone”

The Game Cont’d

State’s Accident Reconstruction Report

In summary, it is my professional opinion based primarily on the injuries sustained, the force vectors and the science of collision reconstruction, but also supported by the positions of the occupants as described by on-scene EMS providers, that Noel Moreno simply could not have been the driver of the 1995 Isuzu Rodeo involved in this collision. It is also my opinion, based upon a reasonable degree of medical certainty, that Jorge Moreno was the driver. I am happy to confirm this opinion either by telephone or through deposition or other legal proceedings.

Motion for Appropriate Relief

MR. MORENO’S TRIAL LAWYER SUFFERED UNDER AN IMPERMISSIBLE CONFLICT OF INTEREST

MR. MORENO’S TRIAL LAWYER CONDUCTED AN INADEQUATE INVESTIGATION

MR. MORENO’S TRIAL LAWYER DID NOT ADVISE HIM OF THE DISTRICT ATTORNEY’S PLEA OFFER

MR. MORENO’S GUILTY PLEA WAS NOT “KNOWING AND VOLUNTARY” AND SHOULD BE WITHDRAWN

MR. MORENO, BY SHOWING MANIFEST INJUSTICE, IS ENTITLED TO WITHDRAW HIS GUILTY PLEA

THE STATE ALLOWED MR. MORENO TO PLEAD GUILTY, KNOWING THAT THE CORE FACTUAL ISSUE IN

THE CASE WAS UNRESOLVED

HEARING SET FOR OCTOBER 2012

The Hearing (on August 31, 2012)

LaMonte Armstrong

The Crime

NC A&T Professor, Ernestine Compton

Murdered in her home (stabbing and strangulation)

No/too many leads at first

Crime Stoppers tip narrowed the field/investigation

Case went dormant for six years

Crime Stoppers caller visited, case renewed, and LA arrested.

The State’s Evidence

None of the physical evidence implicated LA

Only testimonial evidence from four incentivized witnesses

A Crime Stoppers caller (later co-defendant/principal witness)

Two jailhouse “fabricators”

A man who said he saw LA (and the CS caller) at the victim’s house

The First Recantation

The Second Recantation

The Third

Legal Claims and Hearing

New Evidence, Recantation

Brady v. Maryland (withheld evidence) Claims Evidence that principal witness was being paid by the police

Evidence of a viable alternate suspect

Surreptitious recordings of LA

Evidence about the time of death

Evidence about the purported motive

Giglio (false evidence) Claims

Evidentiary Hearing scheduled for September 4, 2012

Unexpected call in June

Another Suspect

The Other Suspect

The Hearing

Jonathan Pierpoint

http://webapps6.doc.state.nc.us/op

http://webapps6.doc.state.nc.us/op

Lawyer (Son)Lawyer (father)

father/son

law partners

SP’s Case and Representation:

Presenter

Presentation Notes

To succeed on an ineffective assistance of counsel claim, a defendant must ordinarily demonstrate “a reasonable probability that, but for the counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 694 (1984). When a defendant shows that a conflict of interest actually affected the adequacy of his representation, he need not demonstrate prejudice in order to obtain relief. Mickens v. Taylor, 535 U.S. 162, 171 (2001). Prejudice will be presumed upon a demonstration that counsel “actively represented conflicting interests” and that “an actual conflict of interest adversely affected his lawyer's performance.” Cuyler v. Sullivan, 446 U.S. at 348, 350 (1980).

DSS Defendant Alleged Victim


accuserstepfather/son

father/son

law partners

lawyer/client

DSS Defendant James, Alleged Victim



father/son

law partners

former

lawyer/client


DSS Social WorkerLawyer (Son)

Lawyer (father)


wife/husbandfather/son

law partners

daughter/father-in-law

former

lawyer/client


DSS Social Worker

Lawyer (Son)

Lawyer (father)


wife/husbandfather/son

law partners

daughter/father-in-law

former

lawyer/client

Recurring Features

Cursory police investigations

Brady and Giglio/Napue

IAC

Conflicts of interest (especially in more rural areas)

Over-reliance on testimonial evidence (and incentivized witnesses), w/no collaboration

Forensic science missteps and misunderstandings

Well-intentioned but half-hearted post-conviction efforts (e.g., recantation claims)

Decisional errors (from police to juries)

Post-conviction resistance from prosecution/judiciary

Indifference

Documents

Anatomy of a Wrongful Convictionnce.fd.org/sites/nce.fd.org/files/publications... · THERESA NEWMAN. DUKE LAW WRONGFUL CONVICTIONS CLINIC. Anatomy of a Wrongful Conviction. Recognize