California bill would make it harder to punish police officers who have been accused of lying
LAPD officers
The bill sponsored by the Los Angeles Police Protective League comes amid citywide debate over police discipline practices.
Los Angeles Times
Liam Dillon
April 19, 2017
It would be more difficult for police departments in California to discipline officers accused of lying under under a plan proposed by a Los Angeles lawmaker...
Showing posts with label False accusations. Show all posts
Showing posts with label False accusations. Show all posts
Friday, April 21, 2017
Monday, December 16, 2013
After 30 Years In Prison, Judge Releases Inmate Whose Testimony Was Beaten Out Of Him
After 30 Years In Prison, Judge Releases Inmate Whose Testimony Was Beaten Out Of Him
By Nicole Flatow
ThinkProgress
December 13, 2013
More than a decade ago, a special prosecutor undertook an investigation that revealed a longtime Chicago Police Department detective and commander had routinely tortured black men to coerce them into confessions or false testimony. Some of the convictions were reversed. A few others were pardoned by then-Governor Ryan. And Jon Graham Burge was convicted on related perjury charges and sent to jail.
But Burge’s misconduct is still taking its toll on many of the 148 people who claimed abuse. Just this week, a man who spent more than 30 years in jail was released after Judge Richard Walsh found that officers had lied about beating Stanley Wrice with a flashlight and a 20-inch piece of rubber, and about imposing similar treatment on a witness in Wrice’s case to elicit false testimony against him.
Wrice was sentenced to 100 years for a sexual assault he says he falsely confessed to after police beatings. Others with similar claims remain behind bars, hoping to seize on precedent from Wrice’s case to expedite their appeals. Lawyers will argue next week that these inmate should be certified as a class so they can argue together that they should be granted new trials.
Burge was fired from the Chicago Police Department in 1993, after an internal investigation found that his abuse was “systematic” over more than a decade. More than 148 individuals — mostly black men — came forward to report that Burge had smothered them, imposed electric shock, and forced them into a hot radiator. Burge’s misconduct led to the state’s death penalty moratorium in 2000. But it took another decade before a special prosecutor embarked on an extensive investigation of Burge’s behavior. It found foul play, but said it would not pursue action against Burge, in part because the statutes of limitations had expired in the cases. Then in 2008, prosecutors developed another way to snag Burge in a civil trial. They charged him with perjury and obstruction of justice for lying about his actions at trial, and in 2011, he was sentenced to four-and-a-half years in prison.
At sentencing, U.S. District Judge Joan Lefkow lamented, “How can one trust that justice will be served when the justice system has been so defiled?” She added, “Perhaps the praise, publicity and commendations you received for solving these awful crimes was seductive and may have led you down this path. On your behalf how I wish that there had not been such a dismal failure of leadership in the (police) department that it came to this.”
While Burge’s case is extreme, this reward system exists in any of a number of police departments and law enforcement agencies, accompanied by rare punishment for wrongdoing. False confessions alone account for about 25 of wrongful convictions exposed by DNA, and many others derive from testimony by witnesses who are coerced through both poor treatment and incentives.
By Nicole Flatow
ThinkProgress
December 13, 2013
More than a decade ago, a special prosecutor undertook an investigation that revealed a longtime Chicago Police Department detective and commander had routinely tortured black men to coerce them into confessions or false testimony. Some of the convictions were reversed. A few others were pardoned by then-Governor Ryan. And Jon Graham Burge was convicted on related perjury charges and sent to jail.
But Burge’s misconduct is still taking its toll on many of the 148 people who claimed abuse. Just this week, a man who spent more than 30 years in jail was released after Judge Richard Walsh found that officers had lied about beating Stanley Wrice with a flashlight and a 20-inch piece of rubber, and about imposing similar treatment on a witness in Wrice’s case to elicit false testimony against him.
Wrice was sentenced to 100 years for a sexual assault he says he falsely confessed to after police beatings. Others with similar claims remain behind bars, hoping to seize on precedent from Wrice’s case to expedite their appeals. Lawyers will argue next week that these inmate should be certified as a class so they can argue together that they should be granted new trials.
Burge was fired from the Chicago Police Department in 1993, after an internal investigation found that his abuse was “systematic” over more than a decade. More than 148 individuals — mostly black men — came forward to report that Burge had smothered them, imposed electric shock, and forced them into a hot radiator. Burge’s misconduct led to the state’s death penalty moratorium in 2000. But it took another decade before a special prosecutor embarked on an extensive investigation of Burge’s behavior. It found foul play, but said it would not pursue action against Burge, in part because the statutes of limitations had expired in the cases. Then in 2008, prosecutors developed another way to snag Burge in a civil trial. They charged him with perjury and obstruction of justice for lying about his actions at trial, and in 2011, he was sentenced to four-and-a-half years in prison.
At sentencing, U.S. District Judge Joan Lefkow lamented, “How can one trust that justice will be served when the justice system has been so defiled?” She added, “Perhaps the praise, publicity and commendations you received for solving these awful crimes was seductive and may have led you down this path. On your behalf how I wish that there had not been such a dismal failure of leadership in the (police) department that it came to this.”
While Burge’s case is extreme, this reward system exists in any of a number of police departments and law enforcement agencies, accompanied by rare punishment for wrongdoing. False confessions alone account for about 25 of wrongful convictions exposed by DNA, and many others derive from testimony by witnesses who are coerced through both poor treatment and incentives.
Monday, August 20, 2012
Autopsy: Death of handcuffed man in Ark. a suicide
Autopsy: Death of handcuffed man in Ark. a suicide
By JEANNIE NUSS
The Associated Press
August 20, 2012
LITTLE ROCK, Ark. — An autopsy report released Monday lists the death of a man shot in the head while his hands were cuffed behind him in an Arkansas patrol car as a suicide.
The state crime lab report, signed by three medical examiners, said the muzzle of a gun was placed against the right side of 21-year-old Chavis Carter's head when it was fired. Jonesboro police released the report to The Associated Press and other news organizations under a Freedom of Information Act request.
The report said the manner of death was ruled a suicide based on autopsy findings and investigative conclusions from the Jonesboro police department.
"He was cuffed and placed into a police car, where apparently he produced a weapon, and despite being handcuffed, shot himself in the head," the report says.
Police have said officers frisked Carter twice after a traffic stop without finding a gun before he was fatally shot July 28.
The autopsy report comes days after police released video recorded the night Carter was shot in Jonesboro, about 130 miles northeast of Little Rock. Part of the video showed Carter being patted down and ended before officers found Carter slumped over and bleeding in the back of a patrol car as was described in a police report. Police later released additional video they said came after Carter was found.
Carter's death came after police stopped a truck in which he was riding. The driver and another passenger eventually were allowed to go, but police said Carter had an outstanding arrest warrant. Court records show it had to do with a drug charge out of Mississippi's DeSoto County.
Carter was searched twice and police said they found a small amount of marijuana, but no gun.
After the first search, an officer put Carter into a patrol car without handcuffing him. He was later searched again, handcuffed and returned to the same car.
Officers a short time later saw Carter slumped over in the backseat and covered in blood, according to the report, which concluded he had managed to conceal a handgun with which he shot himself. He later died at a hospital, and the report listed his death as a suicide...
Autopsy: Man Shot In Police Car Had Meth In System
by THE ASSOCIATED PRESS
August 20, 2012
LITTLE ROCK, Ark.
...The autopsy report comes days after police released dashboard camera video recorded the night Carter was shot in Jonesboro, about 130 miles northeast of Little Rock. Part of the video showed Carter being patted down and ended before officers found Carter slumped over and bleeding in the back of a patrol car as was described in a police report. Police later released additional video they said was recorded after Carter was found.
Neither included the moment they say Carter shot himself, and the footage did little to resolve questions about how the shooting could have happened. Jonesboro police previously had released a video reconstruction of the shooting showing how a man could shoot himself in the head with his hands cuffed behind him.
In producing that video, the agency said it used the same type of handcuffs used on Carter and the same model of handgun found near him after he died: a .380-caliber Cobra semi-automatic. An officer of similar height and weight as Carter sat in the back of a cruiser, leaned over and was able to lift the weapon to his head and reach the trigger.
The autopsy report said Carter was about 5-foot-8 and that his body weighed 150 pounds.
Irwin called Monday for the full dashboard video and audio from the night of the shooting to be released before final conclusions are drawn.
"They should be disclosing every bit of evidence as quickly as they can," he said.
Cellphone videos, other phone records, search warrant returns and investigative portions of the incident report had yet to be released, police spokesman Sgt. Lyle Waterworth said...
By JEANNIE NUSS
The Associated Press
August 20, 2012
LITTLE ROCK, Ark. — An autopsy report released Monday lists the death of a man shot in the head while his hands were cuffed behind him in an Arkansas patrol car as a suicide.
The state crime lab report, signed by three medical examiners, said the muzzle of a gun was placed against the right side of 21-year-old Chavis Carter's head when it was fired. Jonesboro police released the report to The Associated Press and other news organizations under a Freedom of Information Act request.
The report said the manner of death was ruled a suicide based on autopsy findings and investigative conclusions from the Jonesboro police department.
"He was cuffed and placed into a police car, where apparently he produced a weapon, and despite being handcuffed, shot himself in the head," the report says.
Police have said officers frisked Carter twice after a traffic stop without finding a gun before he was fatally shot July 28.
The autopsy report comes days after police released video recorded the night Carter was shot in Jonesboro, about 130 miles northeast of Little Rock. Part of the video showed Carter being patted down and ended before officers found Carter slumped over and bleeding in the back of a patrol car as was described in a police report. Police later released additional video they said came after Carter was found.
Carter's death came after police stopped a truck in which he was riding. The driver and another passenger eventually were allowed to go, but police said Carter had an outstanding arrest warrant. Court records show it had to do with a drug charge out of Mississippi's DeSoto County.
Carter was searched twice and police said they found a small amount of marijuana, but no gun.
After the first search, an officer put Carter into a patrol car without handcuffing him. He was later searched again, handcuffed and returned to the same car.
Officers a short time later saw Carter slumped over in the backseat and covered in blood, according to the report, which concluded he had managed to conceal a handgun with which he shot himself. He later died at a hospital, and the report listed his death as a suicide...
Autopsy: Man Shot In Police Car Had Meth In System
by THE ASSOCIATED PRESS
August 20, 2012
LITTLE ROCK, Ark.
...The autopsy report comes days after police released dashboard camera video recorded the night Carter was shot in Jonesboro, about 130 miles northeast of Little Rock. Part of the video showed Carter being patted down and ended before officers found Carter slumped over and bleeding in the back of a patrol car as was described in a police report. Police later released additional video they said was recorded after Carter was found.
Neither included the moment they say Carter shot himself, and the footage did little to resolve questions about how the shooting could have happened. Jonesboro police previously had released a video reconstruction of the shooting showing how a man could shoot himself in the head with his hands cuffed behind him.
In producing that video, the agency said it used the same type of handcuffs used on Carter and the same model of handgun found near him after he died: a .380-caliber Cobra semi-automatic. An officer of similar height and weight as Carter sat in the back of a cruiser, leaned over and was able to lift the weapon to his head and reach the trigger.
The autopsy report said Carter was about 5-foot-8 and that his body weighed 150 pounds.
Irwin called Monday for the full dashboard video and audio from the night of the shooting to be released before final conclusions are drawn.
"They should be disclosing every bit of evidence as quickly as they can," he said.
Cellphone videos, other phone records, search warrant returns and investigative portions of the incident report had yet to be released, police spokesman Sgt. Lyle Waterworth said...
Friday, October 21, 2011
Paying for bad cops: Crowe family settles civil rights lawsuit for $7.25 million
...[M]other Cheryl Crowe...told KPBS she believes the Escondido police doesn't regret the coercive interrogations, nor the arrests and jailing of their son and his two high school friends, Josh Treadway and Aaron Houser.
--Voice of San Diego
"They did it with malice. They knew what they were doing," she said. "We were ready to go to trial to prove that. And they never admitted they did anything wrong."
ESCONDIDO: Crowe family settles civil rights lawsuit for $7.25 million
By TERI FIGUEROA
October 21, 2011
Nearly 14 years after Stephanie Crowe was stabbed to death in her Escondido bedroom, her family agreed to a $7.25 million settlement with the cities of Escondido and Oceanside for what one appeals court called "psychologically abusive" interrogations of the slain child's then-teenage brother.
"There is a degree of vindication," said brother Michael Crowe, now 28 and a first-time expectant father.
The settlement, announced Friday morning, draws to a close a federal civil rights lawsuit related to a slaying investigation that grabbed national headlines ---- even spawning a made-for-TV movie ---- and split community opinion about just who killed the 12-year-old honors student in her Escondido home in January 1998.
"We are done, just done," Stephanie's mother, Cheryl Crowe, said Friday. "No amount of money will make them see their errors."
An Escondido police spokesman as well as an Escondido deputy city attorney handling the case did not immediately respond to requests for comment.
The municipalities are the final defendants to reach a settlement with the Crowe family, which has long maintained it was victimized ---- and Michael mentally brutalized ---- by police so eager to make an arrest that they wrongly zeroed in on three innocent teenagers instead of a more likely suspect: a mentally ill transient who bizarrely approached their neighbors moments before the child was attacked.
With just 10 days until the trial started, the Crowes agreed to a settlement to be split with their longtime attorney Milt Silverman and then among family members. After years of fighting, fatigue took its toll, as did the family's excitement at a baby on the way.
"We wanted to go to trial so bad," Cheryl Crowe said. "The case is the strongest it has ever been, but we don't want to go anymore. We are just tired and we don't trust what could happen. We don't want to spend another 10 years of our lives with that garbage. ... I'm turning my thoughts to the new baby."
Crowe family attorney Silverman said insurer AIG will pay the settlement; no taxpayer money will be used.
"My clients are happy," Silverman said. "They thanked the courts for giving them justice."
Even though the settlement means the civil rights portion of the case is over, the matter of just who killed Stephanie remains very much alive in the criminal courts. The mentally ill transient convicted of sneaking into the home and killing the child was just this year granted a new trial. The courts are still weighing legal matters in that criminal case.
Stephanie's brother, Michael Crowe, was 14 when police suspected he and his high school freshman friends killed his popular younger sister, stabbing her to death in her bed. After hours of interrogations, the three teens made damning statements; one of them even made an outright confession. But in the years after the slaying, judges in both criminal and civil courts came to determine that the statements had been coerced by police.
The teens' lengthy interrogations were at the center of the civil rights suit the family brought against Escondido police and others, including an Oceanside police detective called in to assist during the questioning.
A federal trial judge in San Diego dismissed the bulk of the civil rights suit in 2004. But six years later, the 9th Circuit Court of Appeals revived the lawsuit, finding that Escondido police violated the civil rights of Crowe and his friends during "hours of grueling, psychologically abusive interrogations."
The federal appeals court found that Crowe and his friends endured "psychological torture" during police questioning. The result was coerced confessions that led to murder charges against "innocent teenagers for a crime they did not commit," the appeals court found.
The U.S. Supreme Court rejected Escondido's request that it review the appeals court findings.
The settlements with a number of defendants followed.
Cheryl Crowe credited Silverman's tenacity in keeping alive a difficult and complex case that he had taken on contingency more than a decade ago.
"Without Milt, we would never have had a voice inside the court," she said. "He was ready to retire when he took this case. But he kept a promise to my mom that he would see this case to the end."
Cheryl Crowe's mother, Judith Kennedy, died in 2001. It was she who found her granddaughter's lifeless body.
Although Escondido police originally suspected Michael Crowe and his teenage buddies, DNA evidence linked a mentally ill transient to the child's slaying. The case was moved from Escondido police to a cold case detective with the San Diego County Sheriff's Department's homicide unit.
In 2004, the transient, Richard Tuite, now 42, was convicted of voluntary manslaughter for sneaking into the Crowe home and killing the girl while her family slept.
But earlier this year, a federal appeals court overturned Tuite's conviction, finding that the jury should have heard more about the backgrounds of dueling crime scene analysts who offered opposing theories of the slaying.
State prosecutors have asked the federal courts to reconsider the decision to overturn Tuite's conviction. As of Friday, with the courts still weighing the criminal case, Tuite ---- who has schizophrenia ---- remained in custody at the California Medical Facility, a psychiatric institution for the state's male prisoners.
Cheryl Crowe said it scares her that Tuite's conviction was overturned, and she worries about public safety once he is released.
"The thought of Richard Tuite hurting another child is very troubling to me," she said.
Michael Crowe said he agreed to the settlement even though Escondido police do not accept liability for wrongdoing.
"There is not any price that would make what they did right," he said when reached at his home in Oregon. "But in the end, the price was just fair enough for us to accept. ... It's unfortunate, but we came to realize that the police would never admit they were wrong. And that is unfortunate for everyone who lives in that city."
Cheryl Crowe, who has also relocated to Oregon, said one settlement item was non-negotiable: The amount of the settlement had to be made public.
"We refused to settle if it remained confidential," Cheryl Crowe said. "We said, 'No, that is not acceptable.' They know they did something wrong."
--Voice of San Diego
"They did it with malice. They knew what they were doing," she said. "We were ready to go to trial to prove that. And they never admitted they did anything wrong."
ESCONDIDO: Crowe family settles civil rights lawsuit for $7.25 million
By TERI FIGUEROA
October 21, 2011
Nearly 14 years after Stephanie Crowe was stabbed to death in her Escondido bedroom, her family agreed to a $7.25 million settlement with the cities of Escondido and Oceanside for what one appeals court called "psychologically abusive" interrogations of the slain child's then-teenage brother.
"There is a degree of vindication," said brother Michael Crowe, now 28 and a first-time expectant father.
The settlement, announced Friday morning, draws to a close a federal civil rights lawsuit related to a slaying investigation that grabbed national headlines ---- even spawning a made-for-TV movie ---- and split community opinion about just who killed the 12-year-old honors student in her Escondido home in January 1998.
"We are done, just done," Stephanie's mother, Cheryl Crowe, said Friday. "No amount of money will make them see their errors."
An Escondido police spokesman as well as an Escondido deputy city attorney handling the case did not immediately respond to requests for comment.
The municipalities are the final defendants to reach a settlement with the Crowe family, which has long maintained it was victimized ---- and Michael mentally brutalized ---- by police so eager to make an arrest that they wrongly zeroed in on three innocent teenagers instead of a more likely suspect: a mentally ill transient who bizarrely approached their neighbors moments before the child was attacked.
With just 10 days until the trial started, the Crowes agreed to a settlement to be split with their longtime attorney Milt Silverman and then among family members. After years of fighting, fatigue took its toll, as did the family's excitement at a baby on the way.
"We wanted to go to trial so bad," Cheryl Crowe said. "The case is the strongest it has ever been, but we don't want to go anymore. We are just tired and we don't trust what could happen. We don't want to spend another 10 years of our lives with that garbage. ... I'm turning my thoughts to the new baby."
Crowe family attorney Silverman said insurer AIG will pay the settlement; no taxpayer money will be used.
"My clients are happy," Silverman said. "They thanked the courts for giving them justice."
Even though the settlement means the civil rights portion of the case is over, the matter of just who killed Stephanie remains very much alive in the criminal courts. The mentally ill transient convicted of sneaking into the home and killing the child was just this year granted a new trial. The courts are still weighing legal matters in that criminal case.
Stephanie's brother, Michael Crowe, was 14 when police suspected he and his high school freshman friends killed his popular younger sister, stabbing her to death in her bed. After hours of interrogations, the three teens made damning statements; one of them even made an outright confession. But in the years after the slaying, judges in both criminal and civil courts came to determine that the statements had been coerced by police.
The teens' lengthy interrogations were at the center of the civil rights suit the family brought against Escondido police and others, including an Oceanside police detective called in to assist during the questioning.
A federal trial judge in San Diego dismissed the bulk of the civil rights suit in 2004. But six years later, the 9th Circuit Court of Appeals revived the lawsuit, finding that Escondido police violated the civil rights of Crowe and his friends during "hours of grueling, psychologically abusive interrogations."
The federal appeals court found that Crowe and his friends endured "psychological torture" during police questioning. The result was coerced confessions that led to murder charges against "innocent teenagers for a crime they did not commit," the appeals court found.
The U.S. Supreme Court rejected Escondido's request that it review the appeals court findings.
The settlements with a number of defendants followed.
Cheryl Crowe credited Silverman's tenacity in keeping alive a difficult and complex case that he had taken on contingency more than a decade ago.
"Without Milt, we would never have had a voice inside the court," she said. "He was ready to retire when he took this case. But he kept a promise to my mom that he would see this case to the end."
Cheryl Crowe's mother, Judith Kennedy, died in 2001. It was she who found her granddaughter's lifeless body.
Although Escondido police originally suspected Michael Crowe and his teenage buddies, DNA evidence linked a mentally ill transient to the child's slaying. The case was moved from Escondido police to a cold case detective with the San Diego County Sheriff's Department's homicide unit.
In 2004, the transient, Richard Tuite, now 42, was convicted of voluntary manslaughter for sneaking into the Crowe home and killing the girl while her family slept.
But earlier this year, a federal appeals court overturned Tuite's conviction, finding that the jury should have heard more about the backgrounds of dueling crime scene analysts who offered opposing theories of the slaying.
State prosecutors have asked the federal courts to reconsider the decision to overturn Tuite's conviction. As of Friday, with the courts still weighing the criminal case, Tuite ---- who has schizophrenia ---- remained in custody at the California Medical Facility, a psychiatric institution for the state's male prisoners.
Cheryl Crowe said it scares her that Tuite's conviction was overturned, and she worries about public safety once he is released.
"The thought of Richard Tuite hurting another child is very troubling to me," she said.
Michael Crowe said he agreed to the settlement even though Escondido police do not accept liability for wrongdoing.
"There is not any price that would make what they did right," he said when reached at his home in Oregon. "But in the end, the price was just fair enough for us to accept. ... It's unfortunate, but we came to realize that the police would never admit they were wrong. And that is unfortunate for everyone who lives in that city."
Cheryl Crowe, who has also relocated to Oregon, said one settlement item was non-negotiable: The amount of the settlement had to be made public.
"We refused to settle if it remained confidential," Cheryl Crowe said. "We said, 'No, that is not acceptable.' They know they did something wrong."
Wednesday, October 12, 2011
Crowe case plaintiff Houser settles lawsuit
Crowe case plaintiff Houser settles lawsuit
J. Harry Jones
SDUT
Oct. 12, 2011
DOWNTOWN SAN DIEGO — Aaron Houser, one of three teenagers wrongfully accused of murdering Stephanie Crowe in 1998, has settled a lawsuit for an undisclosed amount of money against four Escondido police officers, one Oceanside police officer and a psychologist.
Michael Crowe, the only remaining plaintiff, has not settled, and a trial in federal court is tentatively to begin Oct. 31, although a request to continue the proceeding into November has been made.
Joshua Treadway, the third teen who was arrested, opted out of the lawsuit years ago.
The notice of settlement was filed in U.S. District Court in San Diego on Tuesday.
How much money Houser will receive as a result of the settlement is confidential, lawyers for Houser, the officers, and the city of Escondido say. The San Diego Union-Tribune plans to challenge that assertion with the argument that settlements regarding public employees, represented by attorneys working for city-authorized insurance companies, should be a matter of public record.
Twelve-year old Stephanie Crowe was found stabbed to death in her Escondido home on Jan. 21, 1998. Her older brother Michael, 14 at the time, and his friends, Houser and Treadway, were arrested soon afterward. Following hours of interrogations by Escondido police and an Oceanside police officer called in to help, authorities said that Crowe and Treadway confessed. The courts later said the confessions were coerced.
About a year after the killing, on the eve of the boys’ trial, all charges against them were dropped. DNA testing showed that Stephanie’s blood was on the sweatshirt of a transient who had been in her neighborhood the night of the slaying, acting oddly and banging on doors.
That man, Richard Tuite, was eventually convicted of voluntary manslaughter and sentenced to 17 years in prison.
A lawsuit brought by all three boys claiming violation of rights against self-incrimination, false arrest and prosecution was brought soon after, but U.S. District Judge John Rhoades threw out the bulk of the case in 2004 and 2005. Rhoades ruled that while the interrogations were harsh, they could not be considered coerced because they were never used against the youths at a criminal trial.
In 2010, a three-judge panel of the 9th U.S., Circuit Court of Appeals revived key portions of the lawsuit, setting the stage for the settlement and trial to come.
The Crowe case has had far reaching implications. District Attorney Paul Pfingst was defeated in 2002 while seeking a third term in office. His challenger, Bonnie Dumanis, aired television ads leading up to the election that featured a picture of Stephanie Crowe as an example of why a new county district attorney was needed.
The case was even made into a 2002 TV move called “The Interrogation of Michael Crowe,” which continues to be shown all these years later.
J. Harry Jones
SDUT
Oct. 12, 2011
DOWNTOWN SAN DIEGO — Aaron Houser, one of three teenagers wrongfully accused of murdering Stephanie Crowe in 1998, has settled a lawsuit for an undisclosed amount of money against four Escondido police officers, one Oceanside police officer and a psychologist.
Michael Crowe, the only remaining plaintiff, has not settled, and a trial in federal court is tentatively to begin Oct. 31, although a request to continue the proceeding into November has been made.
Joshua Treadway, the third teen who was arrested, opted out of the lawsuit years ago.
The notice of settlement was filed in U.S. District Court in San Diego on Tuesday.
How much money Houser will receive as a result of the settlement is confidential, lawyers for Houser, the officers, and the city of Escondido say. The San Diego Union-Tribune plans to challenge that assertion with the argument that settlements regarding public employees, represented by attorneys working for city-authorized insurance companies, should be a matter of public record.
Twelve-year old Stephanie Crowe was found stabbed to death in her Escondido home on Jan. 21, 1998. Her older brother Michael, 14 at the time, and his friends, Houser and Treadway, were arrested soon afterward. Following hours of interrogations by Escondido police and an Oceanside police officer called in to help, authorities said that Crowe and Treadway confessed. The courts later said the confessions were coerced.
About a year after the killing, on the eve of the boys’ trial, all charges against them were dropped. DNA testing showed that Stephanie’s blood was on the sweatshirt of a transient who had been in her neighborhood the night of the slaying, acting oddly and banging on doors.
That man, Richard Tuite, was eventually convicted of voluntary manslaughter and sentenced to 17 years in prison.
A lawsuit brought by all three boys claiming violation of rights against self-incrimination, false arrest and prosecution was brought soon after, but U.S. District Judge John Rhoades threw out the bulk of the case in 2004 and 2005. Rhoades ruled that while the interrogations were harsh, they could not be considered coerced because they were never used against the youths at a criminal trial.
In 2010, a three-judge panel of the 9th U.S., Circuit Court of Appeals revived key portions of the lawsuit, setting the stage for the settlement and trial to come.
The Crowe case has had far reaching implications. District Attorney Paul Pfingst was defeated in 2002 while seeking a third term in office. His challenger, Bonnie Dumanis, aired television ads leading up to the election that featured a picture of Stephanie Crowe as an example of why a new county district attorney was needed.
The case was even made into a 2002 TV move called “The Interrogation of Michael Crowe,” which continues to be shown all these years later.
Saturday, August 20, 2011
Freed West Memphis 3: Like kids at Christmas
August 20, 2011
Freed West Memphis 3: Like kids at Christmas
(CBS News)
A lawyer for Damien Echols - one of the so-called West Memphis 3 freed from death row in Arkansas - said his client celebrated his first night of freedom in 18 years.
Steven Braga, the attorney for Damien Echols, told "The Early Show on Saturday Morning" that his client's first night of freedom was "unbelievable."
He described a celebration last night Echols and James Baldwin, shared with supporters in Memphis: "It was as if you could see two little 5-year-old kids at their first Christmas. They were trying food they had never seen before, they were fascinated by a cell phone, more fascinated by an iPhone and then the idea you could take pictures with an iPhone totally blew them away, so they were taking a lot of pictures."
CBS Affiliate WREG reports that the third freed man, Jesse Misskelley, opted to celebrate with family Friday.
Echols, Baldwin and Misskelley were teenagers in 1994 when they were convicted of killing three eight-year-old boys - Steve Branch, Christopher Byers and Michael Moore.
Investigators in this rural community believed that the teenagers (who wore black and listened to heavy metal music) killed the children as part of a satanic ritual. Echols was sentenced to death; Baldwin and Misskelly both got life in prison.
Over the years doubts emerged about their guilt and several celebrities pushed to have them set free, reports "48 Hours" correspondent Erin Moriarty. DNA evidence has been recovered at the scene, none of it linking the accused to the crime.
Baldwin almost turned down the deal that freed him and the others from prison yesterday, but it wasn't just about him. The highly unusual plea agreement meant that his friend Echols - on death row for 17 years - would get his life back.
"Still very much in shock, still overwhelmed," said Echols Friday.
Their freedom comes at a high price: Under the agreement, known as an Alford plea, the men who still say they are innocent had to plead guilty to murder.
"'We'll let you go only if you admit guilt,'" Baldwin described it. "That's not justice, no matter how you look at it.
Freed West Memphis 3: Like kids at Christmas
(CBS News)
A lawyer for Damien Echols - one of the so-called West Memphis 3 freed from death row in Arkansas - said his client celebrated his first night of freedom in 18 years.
Steven Braga, the attorney for Damien Echols, told "The Early Show on Saturday Morning" that his client's first night of freedom was "unbelievable."
He described a celebration last night Echols and James Baldwin, shared with supporters in Memphis: "It was as if you could see two little 5-year-old kids at their first Christmas. They were trying food they had never seen before, they were fascinated by a cell phone, more fascinated by an iPhone and then the idea you could take pictures with an iPhone totally blew them away, so they were taking a lot of pictures."
CBS Affiliate WREG reports that the third freed man, Jesse Misskelley, opted to celebrate with family Friday.
Echols, Baldwin and Misskelley were teenagers in 1994 when they were convicted of killing three eight-year-old boys - Steve Branch, Christopher Byers and Michael Moore.
Investigators in this rural community believed that the teenagers (who wore black and listened to heavy metal music) killed the children as part of a satanic ritual. Echols was sentenced to death; Baldwin and Misskelly both got life in prison.
Over the years doubts emerged about their guilt and several celebrities pushed to have them set free, reports "48 Hours" correspondent Erin Moriarty. DNA evidence has been recovered at the scene, none of it linking the accused to the crime.
Baldwin almost turned down the deal that freed him and the others from prison yesterday, but it wasn't just about him. The highly unusual plea agreement meant that his friend Echols - on death row for 17 years - would get his life back.
"Still very much in shock, still overwhelmed," said Echols Friday.
Their freedom comes at a high price: Under the agreement, known as an Alford plea, the men who still say they are innocent had to plead guilty to murder.
"'We'll let you go only if you admit guilt,'" Baldwin described it. "That's not justice, no matter how you look at it.
Saturday, July 23, 2011
Sexual abuse lies keep man in prison; courts refuse to hold new trial
Charles Farrar passed a polygraph and turned down a plea bargain, convinced he'd be acquitted at his 2002 trial. His earliest parole date is 77 years away.
Sacha Bruce, now 26, recanted her testimony shortly after Farrar's trial — and was attacked by prosecutors.
Sexual abuse lies keep man in prison; courts refuse to hold new trial
By Alan Prendergast
Denver Westword News
Jul 20 2011
They took away the children eleven years ago. They took away the family photos just the other day — 212 glossy images of kids now grown, of smiling grandchildren he's never seen or held.
Charles Farrar kept the pictures in his cell in the Sterling Correctional Facility, a collection that expanded with every letter, every precious word from his far-flung tribe. He's never made a secret of them. But men convicted of terrible crimes aren't allowed to have certain kinds of photos in their possession. So when a recent shakedown turned up a snapshot of his youngest grandson having his diaper changed, the kid just lying there exposed — well, that was the end of the pictures.
That's what happens when you're condemned to a mountain of time. Piece by piece, inch by inch, they take it all away. Your freedom. Your memories. Your ties to anything human.
But Farrar isn't a man who gives up easily. He's filed a lawsuit over the seizure of his "contraband" family album. The dispute has already cost him his clean disciplinary record, his job in the prison upholstery operation, and his place in an honor pod reserved for the best-behaved inmates in Sterling.
Farrar doesn't care. The pictures mean that much to him.
"Hope has been snatched from me so many times," he says. "They put me in here for life. Family is basically what has kept me going. The biggest reason I don't do away with myself is my kids. I want to make sure they're doing okay."
Family may be what keeps Farrar going, but it's also what put him behind bars. In 2002 an Arapahoe County jury found the former bakery worker guilty of multiple counts of sexual assault on a child after hearing the horrific story told by his oldest stepdaughter, Sacha. She testified that Farrar, often assisted by her own mother, had subjected her to more than a hundred instances of molestation, rape and sexual abuse from the age of eleven until she was fifteen. Judge John P. Leopold sentenced Farrar to 145 years to life — the kind of time usually reserved for serial killers, terrorists or Bernie Madoff.
Like many convicted sex offenders, Farrar has always maintained his innocence. Unlike most of them, he doesn't bother to hide the nature of his conviction, even though child molesters can expect brutal treatment from other prisoners. But what truly sets his case apart is the degree to which family members continue to support him, insisting that he couldn't possibly have done such a thing. And his staunchest defender for the past eight years has been the one person, other than Farrar and his co-defendant, who knows what really happened: his alleged victim.
Shortly after Farrar's trial, prosecutors dropped similar charges against Sacha's mother, Debbie, because Sacha refused to testify against her. A few months later, after Sacha turned eighteen, she went back to court and told a very different story.
She said that she'd lied, that she'd fabricated the allegations against Debbie and Charles so she could live with her grandparents in Oklahoma. That she'd made fools out of the cops, the social workers, the prosecutors, who not only swallowed her preposterous tale, but coached her on how to tell it better on the stand. And when she tried to call the whole thing off, two caseworkers and a prosecutor pressured her into sticking to her story and ignored her assertions that it wasn't true.
"I ultimately testified against my stepfather at his trial because I was scared by threats of being placed in a mental institution," she wrote in an affidavit submitted in court. "I have had trouble sleeping since I made these allegations. When I do sleep, I have nightmares about ruining innocent lives."
Sacha's explosive claims triggered a series of hearings before Judge Leopold. Prosecutors and social workers took the stand to deny any misconduct; relatives testified that they'd expressed doubts about Sacha's story to officials but had been told to keep quiet. If it had been a different sort of crime at issue, in any county other than Arapahoe — which has a formidable reputation for aggressively pursuing child sexual-assault cases — the new evidence might have made Farrar a free man. Instead, the case has become a long, tortuous gauntlet of legal wrangles and appeals, and Farrar remains in his cell.
In America's holy war on sex offenders, it's a matter of gospel to believe the children — no matter how improbable the claims, how inadequate the investigation, how suspect the credibility of the alleged victim. The children must be believed. Unless, of course, they change their story to something nobody wants to hear.
"This is a terrifying case," says attorney Mark Walta, who's worked on Farrar's appeals since 2003. "The prosecution's entire case was staked to this woman's credibility. But when you're dealing with someone who is more or less a pathological liar, you don't know where the truth starts and ends."
"It's crazy," says Craig Truman, the veteran criminal defense attorney who represented Farrar at trial. "I just find it amazing that some judge somewhere didn't say that without this girl, there's no evidence and he deserves a new trial."...
Sacha Bruce, now 26, recanted her testimony shortly after Farrar's trial — and was attacked by prosecutors.
Sexual abuse lies keep man in prison; courts refuse to hold new trial
By Alan Prendergast
Denver Westword News
Jul 20 2011
They took away the children eleven years ago. They took away the family photos just the other day — 212 glossy images of kids now grown, of smiling grandchildren he's never seen or held.
Charles Farrar kept the pictures in his cell in the Sterling Correctional Facility, a collection that expanded with every letter, every precious word from his far-flung tribe. He's never made a secret of them. But men convicted of terrible crimes aren't allowed to have certain kinds of photos in their possession. So when a recent shakedown turned up a snapshot of his youngest grandson having his diaper changed, the kid just lying there exposed — well, that was the end of the pictures.
That's what happens when you're condemned to a mountain of time. Piece by piece, inch by inch, they take it all away. Your freedom. Your memories. Your ties to anything human.
But Farrar isn't a man who gives up easily. He's filed a lawsuit over the seizure of his "contraband" family album. The dispute has already cost him his clean disciplinary record, his job in the prison upholstery operation, and his place in an honor pod reserved for the best-behaved inmates in Sterling.
Farrar doesn't care. The pictures mean that much to him.
"Hope has been snatched from me so many times," he says. "They put me in here for life. Family is basically what has kept me going. The biggest reason I don't do away with myself is my kids. I want to make sure they're doing okay."
Family may be what keeps Farrar going, but it's also what put him behind bars. In 2002 an Arapahoe County jury found the former bakery worker guilty of multiple counts of sexual assault on a child after hearing the horrific story told by his oldest stepdaughter, Sacha. She testified that Farrar, often assisted by her own mother, had subjected her to more than a hundred instances of molestation, rape and sexual abuse from the age of eleven until she was fifteen. Judge John P. Leopold sentenced Farrar to 145 years to life — the kind of time usually reserved for serial killers, terrorists or Bernie Madoff.
Like many convicted sex offenders, Farrar has always maintained his innocence. Unlike most of them, he doesn't bother to hide the nature of his conviction, even though child molesters can expect brutal treatment from other prisoners. But what truly sets his case apart is the degree to which family members continue to support him, insisting that he couldn't possibly have done such a thing. And his staunchest defender for the past eight years has been the one person, other than Farrar and his co-defendant, who knows what really happened: his alleged victim.
Shortly after Farrar's trial, prosecutors dropped similar charges against Sacha's mother, Debbie, because Sacha refused to testify against her. A few months later, after Sacha turned eighteen, she went back to court and told a very different story.
She said that she'd lied, that she'd fabricated the allegations against Debbie and Charles so she could live with her grandparents in Oklahoma. That she'd made fools out of the cops, the social workers, the prosecutors, who not only swallowed her preposterous tale, but coached her on how to tell it better on the stand. And when she tried to call the whole thing off, two caseworkers and a prosecutor pressured her into sticking to her story and ignored her assertions that it wasn't true.
"I ultimately testified against my stepfather at his trial because I was scared by threats of being placed in a mental institution," she wrote in an affidavit submitted in court. "I have had trouble sleeping since I made these allegations. When I do sleep, I have nightmares about ruining innocent lives."
Sacha's explosive claims triggered a series of hearings before Judge Leopold. Prosecutors and social workers took the stand to deny any misconduct; relatives testified that they'd expressed doubts about Sacha's story to officials but had been told to keep quiet. If it had been a different sort of crime at issue, in any county other than Arapahoe — which has a formidable reputation for aggressively pursuing child sexual-assault cases — the new evidence might have made Farrar a free man. Instead, the case has become a long, tortuous gauntlet of legal wrangles and appeals, and Farrar remains in his cell.
In America's holy war on sex offenders, it's a matter of gospel to believe the children — no matter how improbable the claims, how inadequate the investigation, how suspect the credibility of the alleged victim. The children must be believed. Unless, of course, they change their story to something nobody wants to hear.
"This is a terrifying case," says attorney Mark Walta, who's worked on Farrar's appeals since 2003. "The prosecution's entire case was staked to this woman's credibility. But when you're dealing with someone who is more or less a pathological liar, you don't know where the truth starts and ends."
"It's crazy," says Craig Truman, the veteran criminal defense attorney who represented Farrar at trial. "I just find it amazing that some judge somewhere didn't say that without this girl, there's no evidence and he deserves a new trial."...
Friday, July 01, 2011
Strauss-Kahn Is Released as Problems revealed in prosecutor's office
Strauss-Kahn Case Adds to Doubts on Prosecutor
By ALAN FEUER, JOHN ELIGON and WILLIAM K. RASHBAUM
July 2, 2011
Cyrus R. Vance Jr., the Manhattan district attorney, seemed preoccupied when he sat down with two reporters last Monday. He already knew what the world wouldhttp://www.blogger.com/img/blank.gif soon learn: his marquee prosecution, the sexual assault case against Dominique Strauss-Kahn, was falling apart. Privately, his aides had told him they had discovered grave problems with the accuser’s credibility.
As the interview began, but before Mr. Vance was asked a question, he offered an unsolicited defense — not just of the Strauss-Kahn case, but of his overall stewardship. “Ultimately,” he said, “the success of a D.A.’s office, and of a D.A., is measured not in individual cases, but over time.”
“The cases you don’t read about,” he added, “define what the job of a D.A. really is.”
But that job has grown increasingly tumultuous. Since Mr. Vance took over 18 months ago, morale in some parts of the office has begun to sag, in part because of his firing of some prosecutors. Relations with one of the office’s key partners, the Police Department, have grown tense at times, with the agencies competing over many issues, including control of anticrime initiatives, officials on both sides say.
Mr. Vance’s predecessor, Robert M. Morgenthau, who became the pre-eminent district attorney in the country while holding the post for 35 years, was once a close ally of Mr. Vance’s, providing crucial support for his election in 2009. Mr. Vance worked for Mr. Morgenthau in the 1980s.
Now, Mr. Morgenthau, 91, rarely speaks to Mr. Vance.
Mr. Morgenthau has apparently become displeased with Mr. Vance’s management style and his revamping of the staff that Mr. Morgenthau put together, according to people who know both men well.
Mr. Vance’s supporters attribute the criticism of his tenure to people who are unsettled by his efforts to reinvigorate and modernize an office that his supporters say had stagnated under Mr. Morgenthau. They pointed out that only after Mr. Vance became district attorney were prosecutors given smartphones.
Still, the second-guessing of Mr. Vance’s leadership has intensified in the wake of a string of courtroom losses that culminated in the startling events last week, when prosecutors revealed their concerns about the honesty of the hotel housekeeper who accused Mr. Strauss-Kahn of sexual assault in May.
Even a member of the finance committee for Mr. Vance’s 2009 campaign, Gerald L. Shargel, a Manhattan defense lawyer, questioned how the case had been handled.
“What’s most curious is hearing the line prosecutors saying early on that they had a strong case, a very strong case,” Mr. Shargel said. “Obviously, they hadn’t looked very hard. I have enormous respect for Cy as a prosecutor, but this is like a series of bad dreams.”
A judge in Manhattan freed Mr. Strauss-Kahn from house arrest on Friday, and the case against him appeared to be collapsing.
In the weeks before that, Mr. Vance’s office failed to win rape convictions against two New York police officers accused of sexually assaulting a drunken woman (the officers were found guilty of lesser charges). And the most significant terrorism charges were dropped against two men accused of planning attacks against synagogues in the city, though serious counts remain.
Some of the most pointed complaints about Mr. Vance are emanating from the district attorney’s office itself, according to numerous interviews with prosecutors and other officials. They spoke on the condition that their names not be used, saying they feared reprisals.
Several said they worried that cases were often pursued with an excessive focus on whether they would generate publicity. Some said Mr. Vance had taken away the discretion of midlevel prosecutors, sometimes to the detriment of cases.
Those two issues, some prosecutors said, contributed to the difficulties in the case against Mr. Strauss-Kahn, the former managing director of the International Monetary Fund who had been considered a leading contender for the French presidency.
After Mr. Strauss-Kahn’s arrest, the district attorney’s office faced the question of whether to ask a judge to keep him in custody.
To do so, the office had to obtain an indictment within five days. The alternative was to agree to a bail package so that prosecutors could take their time investigating the case before deciding whether to indict, according to four people briefed on the matter.
In the end, Mr. Vance chose a quick indictment, drawing criticism that he had moved before he knew of the accuser’s background.
Prosecutors have said in court that they decided to seek the indictment and to keep Mr. Strauss-Kahn in custody to avoid the possibility of Mr. Strauss-Kahn’s fleeing the country.
The case also unfolded as a rift had already developed between Mr. Vance and the chief of the office’s sex crimes unit, Lisa Friel. She stepped down last week under circumstances that were not entirely clear. It did not appear that her decision was directly related to the Strauss-Kahn case.
Early on, Mr. Vance took the case away from the sex crimes unit and gave it to two other experienced assistant district attorneys...
Strauss-Kahn Is Released as Case Teeters
By JOHN ELIGON
New York Times
July 1, 2011
Dominique Strauss-Kahn was released from house arrest on Friday as the sexual assault case against him moved one step closer to dismissal after prosecutors told a Manhattan judge that they had serious problems with the case.
Prosecutors acknowledged that there were significant credibility issues with the hotel housekeeper who accused Mr. Strauss-Kahn of trying to rape her in May. In a brief hearing at State Supreme Court in Manhattan, prosecutors did not oppose his release; the judge then freed Mr. Strhttp://www.blogger.com/img/blank.gifauss-Kahn on his own recognizance.
The development represented a stunning reversal in a case that reshaped the French political landscape and sparked debate about morals, the treatment of women and the American justice system. The case could also alter the political fortunes of Cyrus R. Vance Jr., the Manhattan district attorney, who is just a year and a half into his tenure and was facing his most highly publicized case to date.
Mr. Strauss-Kahn, 62, was considered a strong contender for the French presidency before being accused of sexually assaulting the housekeeper who went to clean his luxury suite at the Sofitel New York. After his arrest, Mr. Strauss-Kahn resigned his position as managing director of the International Monetary Fund.
From Mr. Strauss-Kahn’s first court appearance on May 16, Mr. Vance’s office expressed extreme confidence in its case. At that hearing, an assistant district attorney said that “the victim provided very powerful details consistent with violent sexual assault committed by the defendant.”
At another court appearance three days later, prosecutors said the victim “offered a compelling and unwavering story” and that the proof against Mr. Strauss-Kahn was “continuing to grow every day.”
Those accounts varied greatly from what prosecutors revealed on Friday, acknowledging publicly for the first time that the case was not as strong as they initially suggested. In a letter sent to Mr. Strauss-Kahn’s lawyers and filed with Justice Michael J. Obus on Friday, prosecutors outlined some of what they had discovered about Mr. Strauss-Kahn’s accuser.
Prosecutors disclosed that the woman had admitted lying in her application for asylum from Guinea; according to the letter, she “fabricated the statement with the assistance of a male who provided her with a cassette recording” that she memorized. She also admitted that her claim that she had been the victim of a gang rape in Guinea was also a lie.
The woman also admitted to the prosecutors that she had misrepresented her income to qualify for her housing, and had declared a friend’s child — in addition to her own daughter — as a dependent on tax returns to increase her tax refund.
Questions are sure to be raised about how swiftly and vigorously prosecutors proceeded with the case, as many in France questioned whether there was a rush to judgment with Mr. Strauss-Kahn.
While prosecutors have not yet dismissed the case, Mr. Strauss-Kahn will now be able to move about the country more freely; although prosecutors will retain his passport, most of his restrictive bail conditions have been lifted. Under those conditions, he was required to stay in a Lower Manhattan town house under armed guard and wearing an ankle monitor. He could only leave for certain reasons and had to notify prosecutors when he left.
Although forensic tests found unambiguous evidence of a sexual encounter between Mr. Strauss-Kahn and the woman, prosecutors now do not believe much of what the accuser has told them about the circumstances or about herself.
Since her initial allegation on May 14, the accuser has repeatedly lied, one of the law enforcement officials said.
According to the two officials, the woman had a phone conversation with an incarcerated man within a day of her encounter with Mr. Strauss-Kahn in which she discussed the possible benefits of pursuing the charges against him. The conversation was recorded.
That man, the investigators learned, had been arrested on charges of possessing 400 pounds of marijuana. He is among a number of individuals who made multiple cash deposits, totaling around $100,000, into the woman’s bank account over the last two years. The deposits were made in Arizona, Georgia, New York and Pennsylvania.
The investigators also learned that she was paying hundreds of dollars every month in phone charges to five companies. The woman had insisted she had only one phone and said she knew nothing about the deposits except that they were made by a man she described as her fiancé and his friends...
Matt Flegenheimer and Colin Moynihan contributed reporting.
By ALAN FEUER, JOHN ELIGON and WILLIAM K. RASHBAUM
July 2, 2011
Cyrus R. Vance Jr., the Manhattan district attorney, seemed preoccupied when he sat down with two reporters last Monday. He already knew what the world wouldhttp://www.blogger.com/img/blank.gif soon learn: his marquee prosecution, the sexual assault case against Dominique Strauss-Kahn, was falling apart. Privately, his aides had told him they had discovered grave problems with the accuser’s credibility.
As the interview began, but before Mr. Vance was asked a question, he offered an unsolicited defense — not just of the Strauss-Kahn case, but of his overall stewardship. “Ultimately,” he said, “the success of a D.A.’s office, and of a D.A., is measured not in individual cases, but over time.”
“The cases you don’t read about,” he added, “define what the job of a D.A. really is.”
But that job has grown increasingly tumultuous. Since Mr. Vance took over 18 months ago, morale in some parts of the office has begun to sag, in part because of his firing of some prosecutors. Relations with one of the office’s key partners, the Police Department, have grown tense at times, with the agencies competing over many issues, including control of anticrime initiatives, officials on both sides say.
Mr. Vance’s predecessor, Robert M. Morgenthau, who became the pre-eminent district attorney in the country while holding the post for 35 years, was once a close ally of Mr. Vance’s, providing crucial support for his election in 2009. Mr. Vance worked for Mr. Morgenthau in the 1980s.
Now, Mr. Morgenthau, 91, rarely speaks to Mr. Vance.
Mr. Morgenthau has apparently become displeased with Mr. Vance’s management style and his revamping of the staff that Mr. Morgenthau put together, according to people who know both men well.
Mr. Vance’s supporters attribute the criticism of his tenure to people who are unsettled by his efforts to reinvigorate and modernize an office that his supporters say had stagnated under Mr. Morgenthau. They pointed out that only after Mr. Vance became district attorney were prosecutors given smartphones.
Still, the second-guessing of Mr. Vance’s leadership has intensified in the wake of a string of courtroom losses that culminated in the startling events last week, when prosecutors revealed their concerns about the honesty of the hotel housekeeper who accused Mr. Strauss-Kahn of sexual assault in May.
Even a member of the finance committee for Mr. Vance’s 2009 campaign, Gerald L. Shargel, a Manhattan defense lawyer, questioned how the case had been handled.
“What’s most curious is hearing the line prosecutors saying early on that they had a strong case, a very strong case,” Mr. Shargel said. “Obviously, they hadn’t looked very hard. I have enormous respect for Cy as a prosecutor, but this is like a series of bad dreams.”
A judge in Manhattan freed Mr. Strauss-Kahn from house arrest on Friday, and the case against him appeared to be collapsing.
In the weeks before that, Mr. Vance’s office failed to win rape convictions against two New York police officers accused of sexually assaulting a drunken woman (the officers were found guilty of lesser charges). And the most significant terrorism charges were dropped against two men accused of planning attacks against synagogues in the city, though serious counts remain.
Some of the most pointed complaints about Mr. Vance are emanating from the district attorney’s office itself, according to numerous interviews with prosecutors and other officials. They spoke on the condition that their names not be used, saying they feared reprisals.
Several said they worried that cases were often pursued with an excessive focus on whether they would generate publicity. Some said Mr. Vance had taken away the discretion of midlevel prosecutors, sometimes to the detriment of cases.
Those two issues, some prosecutors said, contributed to the difficulties in the case against Mr. Strauss-Kahn, the former managing director of the International Monetary Fund who had been considered a leading contender for the French presidency.
After Mr. Strauss-Kahn’s arrest, the district attorney’s office faced the question of whether to ask a judge to keep him in custody.
To do so, the office had to obtain an indictment within five days. The alternative was to agree to a bail package so that prosecutors could take their time investigating the case before deciding whether to indict, according to four people briefed on the matter.
In the end, Mr. Vance chose a quick indictment, drawing criticism that he had moved before he knew of the accuser’s background.
Prosecutors have said in court that they decided to seek the indictment and to keep Mr. Strauss-Kahn in custody to avoid the possibility of Mr. Strauss-Kahn’s fleeing the country.
The case also unfolded as a rift had already developed between Mr. Vance and the chief of the office’s sex crimes unit, Lisa Friel. She stepped down last week under circumstances that were not entirely clear. It did not appear that her decision was directly related to the Strauss-Kahn case.
Early on, Mr. Vance took the case away from the sex crimes unit and gave it to two other experienced assistant district attorneys...
Strauss-Kahn Is Released as Case Teeters
By JOHN ELIGON
New York Times
July 1, 2011
Dominique Strauss-Kahn was released from house arrest on Friday as the sexual assault case against him moved one step closer to dismissal after prosecutors told a Manhattan judge that they had serious problems with the case.
Prosecutors acknowledged that there were significant credibility issues with the hotel housekeeper who accused Mr. Strauss-Kahn of trying to rape her in May. In a brief hearing at State Supreme Court in Manhattan, prosecutors did not oppose his release; the judge then freed Mr. Strhttp://www.blogger.com/img/blank.gifauss-Kahn on his own recognizance.
The development represented a stunning reversal in a case that reshaped the French political landscape and sparked debate about morals, the treatment of women and the American justice system. The case could also alter the political fortunes of Cyrus R. Vance Jr., the Manhattan district attorney, who is just a year and a half into his tenure and was facing his most highly publicized case to date.
Mr. Strauss-Kahn, 62, was considered a strong contender for the French presidency before being accused of sexually assaulting the housekeeper who went to clean his luxury suite at the Sofitel New York. After his arrest, Mr. Strauss-Kahn resigned his position as managing director of the International Monetary Fund.
From Mr. Strauss-Kahn’s first court appearance on May 16, Mr. Vance’s office expressed extreme confidence in its case. At that hearing, an assistant district attorney said that “the victim provided very powerful details consistent with violent sexual assault committed by the defendant.”
At another court appearance three days later, prosecutors said the victim “offered a compelling and unwavering story” and that the proof against Mr. Strauss-Kahn was “continuing to grow every day.”
Those accounts varied greatly from what prosecutors revealed on Friday, acknowledging publicly for the first time that the case was not as strong as they initially suggested. In a letter sent to Mr. Strauss-Kahn’s lawyers and filed with Justice Michael J. Obus on Friday, prosecutors outlined some of what they had discovered about Mr. Strauss-Kahn’s accuser.
Prosecutors disclosed that the woman had admitted lying in her application for asylum from Guinea; according to the letter, she “fabricated the statement with the assistance of a male who provided her with a cassette recording” that she memorized. She also admitted that her claim that she had been the victim of a gang rape in Guinea was also a lie.
The woman also admitted to the prosecutors that she had misrepresented her income to qualify for her housing, and had declared a friend’s child — in addition to her own daughter — as a dependent on tax returns to increase her tax refund.
Questions are sure to be raised about how swiftly and vigorously prosecutors proceeded with the case, as many in France questioned whether there was a rush to judgment with Mr. Strauss-Kahn.
While prosecutors have not yet dismissed the case, Mr. Strauss-Kahn will now be able to move about the country more freely; although prosecutors will retain his passport, most of his restrictive bail conditions have been lifted. Under those conditions, he was required to stay in a Lower Manhattan town house under armed guard and wearing an ankle monitor. He could only leave for certain reasons and had to notify prosecutors when he left.
Although forensic tests found unambiguous evidence of a sexual encounter between Mr. Strauss-Kahn and the woman, prosecutors now do not believe much of what the accuser has told them about the circumstances or about herself.
Since her initial allegation on May 14, the accuser has repeatedly lied, one of the law enforcement officials said.
According to the two officials, the woman had a phone conversation with an incarcerated man within a day of her encounter with Mr. Strauss-Kahn in which she discussed the possible benefits of pursuing the charges against him. The conversation was recorded.
That man, the investigators learned, had been arrested on charges of possessing 400 pounds of marijuana. He is among a number of individuals who made multiple cash deposits, totaling around $100,000, into the woman’s bank account over the last two years. The deposits were made in Arizona, Georgia, New York and Pennsylvania.
The investigators also learned that she was paying hundreds of dollars every month in phone charges to five companies. The woman had insisted she had only one phone and said she knew nothing about the deposits except that they were made by a man she described as her fiancé and his friends...
Matt Flegenheimer and Colin Moynihan contributed reporting.
Friday, April 08, 2011
Cop Nearly Doors Cyclist, Then Chases And Arrests Her
Cop Nearly Doors Cyclist, Then Chases And Arrests Her
By John Del Signore
April 6, 2011
Gothamist
On Monday, cyclist message boards lit up with outrage over the story of a woman who was arrested after supposedly running a red light on her bicycle on Amsterdam Avenue. But it turns out the truth is actually more outrageous: Christina Thede, the cyclist in question, tells us she didn't run a red light at all. Her crime? Criticizing a plainclothes cop who nearly doored her.
Thede, a 28-year-old theater technician on the Upper West Side, tells us she was biking home on Sunday around 6 p.m. when the driver's side door of a double parked black car popped open suddenly on Amsterdam between 76th and 77th Streets. "I had to brake so abruptly that a delivery biker behind me ran into me," says Thede. "I had a verbal exchange with the driver in which I told him to watch what he was doing." Then she rode on, but soon realized that the guy had gotten back into his car and was zooming up behind her. She still had no idea this man was an officer of the law, and the situation devolved from there:
He was driving after me and I was scared. He kept slowing down alongside me, so I cut all the way over to the left lane. But he angrily skidded to a stop in front of me, pulling his car perpendicular to traffic in the left lane. Then I got off my bike and tried to walk my bike onto the sidewalk because I wasn't going to run out into traffic. That's when he grabbed the back of my bike and started pulling it.
He didn't say he was a cop and I thought, 'This guy's crazy, he's attacking me!' I screamed for help and he started restraining my arms and holding me so I couldn't move. People on the street stopped and started asking him what he was doing. I did not hear him say he was a police officer or see any indication he was a police officer, so I was terrified. Then an NYPD squad car arrived and my initial thought was that they were going to save me from this guy; I figured the bystanders had called 911.
But instead of handcuffing her assailant, they slapped the cuffs on Thede, and that's when she realized that it was a policeman who had chased her. "I asked one of the police officers who was telling me to calm down if this guy and the passenger in his car were really cops," Thede recalls. "And she confirmed that they were from the Central Park precinct. I overheard a bystander say, 'I think she ran a red light.' But that's not true. He was hotheaded and couldn't take someone telling him what he did was wrong so he needed to come after me and teach me a lesson."
Thede was charged with reckless operation of a bicycle and disorderly conduct, and spent about an hour at the local precinct station house. During that time, the cop who arrested her, one "Sgt. Santiago" according to the summons, tried to justify the arrest. Thede says, "He told me that when I went around the door of his car to continue, that that was reckless because I was going into traffic. He maintained that I wasn't allowed to swerve around. But I came to a complete stop, exchanged words with him, then rode around his still-opened door. He said he arrested me because he was concerned for his safety."
We're waiting to hear back from the NYPD on this, but Thede's lawyer believes the tickets will be dismissed, and she tells us she's considering suing the city.
By John Del Signore
April 6, 2011
Gothamist
On Monday, cyclist message boards lit up with outrage over the story of a woman who was arrested after supposedly running a red light on her bicycle on Amsterdam Avenue. But it turns out the truth is actually more outrageous: Christina Thede, the cyclist in question, tells us she didn't run a red light at all. Her crime? Criticizing a plainclothes cop who nearly doored her.
Thede, a 28-year-old theater technician on the Upper West Side, tells us she was biking home on Sunday around 6 p.m. when the driver's side door of a double parked black car popped open suddenly on Amsterdam between 76th and 77th Streets. "I had to brake so abruptly that a delivery biker behind me ran into me," says Thede. "I had a verbal exchange with the driver in which I told him to watch what he was doing." Then she rode on, but soon realized that the guy had gotten back into his car and was zooming up behind her. She still had no idea this man was an officer of the law, and the situation devolved from there:
He was driving after me and I was scared. He kept slowing down alongside me, so I cut all the way over to the left lane. But he angrily skidded to a stop in front of me, pulling his car perpendicular to traffic in the left lane. Then I got off my bike and tried to walk my bike onto the sidewalk because I wasn't going to run out into traffic. That's when he grabbed the back of my bike and started pulling it.
He didn't say he was a cop and I thought, 'This guy's crazy, he's attacking me!' I screamed for help and he started restraining my arms and holding me so I couldn't move. People on the street stopped and started asking him what he was doing. I did not hear him say he was a police officer or see any indication he was a police officer, so I was terrified. Then an NYPD squad car arrived and my initial thought was that they were going to save me from this guy; I figured the bystanders had called 911.
But instead of handcuffing her assailant, they slapped the cuffs on Thede, and that's when she realized that it was a policeman who had chased her. "I asked one of the police officers who was telling me to calm down if this guy and the passenger in his car were really cops," Thede recalls. "And she confirmed that they were from the Central Park precinct. I overheard a bystander say, 'I think she ran a red light.' But that's not true. He was hotheaded and couldn't take someone telling him what he did was wrong so he needed to come after me and teach me a lesson."
Thede was charged with reckless operation of a bicycle and disorderly conduct, and spent about an hour at the local precinct station house. During that time, the cop who arrested her, one "Sgt. Santiago" according to the summons, tried to justify the arrest. Thede says, "He told me that when I went around the door of his car to continue, that that was reckless because I was going into traffic. He maintained that I wasn't allowed to swerve around. But I came to a complete stop, exchanged words with him, then rode around his still-opened door. He said he arrested me because he was concerned for his safety."
We're waiting to hear back from the NYPD on this, but Thede's lawyer believes the tickets will be dismissed, and she tells us she's considering suing the city.
Tuesday, April 05, 2011
Willfully ignoring entire trial record, Antonin Scalia and Clarence Thomas reduce constitutional question to a single misdeed by a single bad actor
Cruel but Not Unusual
Clarence Thomas writes one of the meanest Supreme Court decisions ever.
By Dahlia LithwickPosted
Slate
April 1, 2011
In 1985, John Thompson was convicted of murder in Louisiana. Having already been convicted in a separate armed robbery case, he opted not to testify on his own behalf in his murder trial. He was sentenced to death and spent 18 years in prison—14 of them isolated on death row—and watched as seven executions were planned for him. Several weeks before an execution scheduled for May 1999, Thompson's private investigators learned that prosecutors had failed to turn over evidence that would have cleared him at his robbery trial. This evidence included the fact that the main informant against him had received a reward from the victim's family, that the eyewitness identification done at the time described someone who looked nothing like him, and that a blood sample taken from the crime scene did not match Thompson's blood type.
In 1963, in Brady v. Maryland, the Supreme Court held that prosecutors must turn over to the defense any evidence that would tend to prove a defendant's innocence. Failure to do so is a violation of the defendant's constitutional rights. Yet the four prosecutors in Thompson's case managed to keep secret the fact that they had hidden exculpatory evidence for 20 years. Were it not for Thompson's investigators, he would have been executed for a murder he did not commit.
Both of Thompson's convictions were overturned. When he was retried on the murder charges, a jury acquitted him after 35 minutes. He sued the former Louisiana district attorney for Orleans Parish, Harry Connick Sr. (yes, his dad) for failing to train his prosecutors about their legal obligation to turn over exculpatory evidence to the defense. A jury awarded Thompson $14 million for this civil rights violation, one for every year he spent wrongfully incarcerated. The district court judge added another $1 million in attorneys' fees. A panel of the 5th Circuit Court of Appeals upheld the verdict. An equally divided 5th Circuit, sitting en banc, affirmed again.
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But this week, writing on behalf of the five conservatives on the Supreme Court and in his first majority opinion of the term, Justice Clarence Thomas tossed out the verdict, finding that the district attorney can't be responsible for the single act of a lone prosecutor. The Thomas opinion is an extraordinary piece of workmanship, matched only by Justice Antonin Scalia's concurring opinion, in which he takes a few extra whacks at Justice Ruth Bader Ginsburg's dissent. (Ginsburg was so bothered by the majority decision that she read her dissent from the bench for the first time this term.) Both Thomas and Scalia have produced what can only be described as a master class in human apathy. Their disregard for the facts of Thompson's thrashed life and near-death emerges as a moral flat line. Scalia opens his concurrence with a swipe at Ginsburg's "lengthy excavation of the trial record" and states that "the question presented for our review is whether a municipality is liable for a single Brady violation by one of its prosecutors." But only by willfully ignoring that entire trial record can he and Thomas reduce the entire constitutional question to a single misdeed by a single bad actor.
Both parties to this case have long agreed that an injustice had been done. Connick himself conceded that there had been a Brady violation, yet Scalia finds none. Everyone else concedes that egregious mistakes were made. Scalia struggles to rehabilitate them all.
One of the reasons the truth came to light after 20 years is that Gerry Deegan, a junior assistant D.A. on the Thompson case, confessed as he lay dying of cancer that he had withheld the crime lab test results and removed a blood sample from the evidence room...
Clarence Thomas writes one of the meanest Supreme Court decisions ever.
By Dahlia LithwickPosted
Slate
April 1, 2011
In 1985, John Thompson was convicted of murder in Louisiana. Having already been convicted in a separate armed robbery case, he opted not to testify on his own behalf in his murder trial. He was sentenced to death and spent 18 years in prison—14 of them isolated on death row—and watched as seven executions were planned for him. Several weeks before an execution scheduled for May 1999, Thompson's private investigators learned that prosecutors had failed to turn over evidence that would have cleared him at his robbery trial. This evidence included the fact that the main informant against him had received a reward from the victim's family, that the eyewitness identification done at the time described someone who looked nothing like him, and that a blood sample taken from the crime scene did not match Thompson's blood type.
In 1963, in Brady v. Maryland, the Supreme Court held that prosecutors must turn over to the defense any evidence that would tend to prove a defendant's innocence. Failure to do so is a violation of the defendant's constitutional rights. Yet the four prosecutors in Thompson's case managed to keep secret the fact that they had hidden exculpatory evidence for 20 years. Were it not for Thompson's investigators, he would have been executed for a murder he did not commit.
Both of Thompson's convictions were overturned. When he was retried on the murder charges, a jury acquitted him after 35 minutes. He sued the former Louisiana district attorney for Orleans Parish, Harry Connick Sr. (yes, his dad) for failing to train his prosecutors about their legal obligation to turn over exculpatory evidence to the defense. A jury awarded Thompson $14 million for this civil rights violation, one for every year he spent wrongfully incarcerated. The district court judge added another $1 million in attorneys' fees. A panel of the 5th Circuit Court of Appeals upheld the verdict. An equally divided 5th Circuit, sitting en banc, affirmed again.
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But this week, writing on behalf of the five conservatives on the Supreme Court and in his first majority opinion of the term, Justice Clarence Thomas tossed out the verdict, finding that the district attorney can't be responsible for the single act of a lone prosecutor. The Thomas opinion is an extraordinary piece of workmanship, matched only by Justice Antonin Scalia's concurring opinion, in which he takes a few extra whacks at Justice Ruth Bader Ginsburg's dissent. (Ginsburg was so bothered by the majority decision that she read her dissent from the bench for the first time this term.) Both Thomas and Scalia have produced what can only be described as a master class in human apathy. Their disregard for the facts of Thompson's thrashed life and near-death emerges as a moral flat line. Scalia opens his concurrence with a swipe at Ginsburg's "lengthy excavation of the trial record" and states that "the question presented for our review is whether a municipality is liable for a single Brady violation by one of its prosecutors." But only by willfully ignoring that entire trial record can he and Thomas reduce the entire constitutional question to a single misdeed by a single bad actor.
Both parties to this case have long agreed that an injustice had been done. Connick himself conceded that there had been a Brady violation, yet Scalia finds none. Everyone else concedes that egregious mistakes were made. Scalia struggles to rehabilitate them all.
One of the reasons the truth came to light after 20 years is that Gerry Deegan, a junior assistant D.A. on the Thompson case, confessed as he lay dying of cancer that he had withheld the crime lab test results and removed a blood sample from the evidence room...
Wednesday, September 29, 2010
Deaf Texan Exonerated of Child Sex Assault Freed
Deaf Texan Exonerated of Child Sex Assault Freed
September 29, 2010
AP
DALLAS
A deaf man exonerated of the rape of a 5-year-old suburban Dallas girl was released Tuesday after 17 years in prison, one day after a judge determined he was innocent.
Stephen Brodie's dad was there to greet the 39-year-old north Texas man when he walked out of the Dallas County jail. Brodie said through an interpreter that he was looking forward to being able to have lunch with his dad, J. Steve Brodie, now that he was out of jail.
Brodie also received an apology from Dallas County District Attorney Craig Watkins, whose office had reopened the case and whose investigation ultimately led to Brodie's exoneration.
In this June 24, 2010 file photo, deaf inmate Stephen Brodie uses sign language to answer a question through an interpreter during a jailhouse interview in Dallas. A judge has set aside the 1993 conviction of Brodie, who was sent to prison for raping a 5-year-old girl despite an absence of physical evidence linking him to the attack.
Stephen Brodie was sent to prison for raping a 5-year-old girl despite an absence of physical evidence linking him to the attack. He was released Tuesday after a judge determined he was innocent.
A bureaucratic matter had kept Brodie from being released Monday, when a judge ruled Brodie had been wrongly prosecuted despite an absence of physical evidence linking him to the attack. Brodie also was serving prison time for failing to register in Lamar County as a sex offender. With the elimination of his 1993 conviction in the 1990 rape of the Richardson girl, he no longer needed to register and state prison officials signed off on his release Tuesday.
Brodie originally was arrested in 1991 for stealing quarters from a vending machine at a community swimming pool. While he was being questioned about that crime, police began asking about the unsolved rape of the 5-year-old girl a year earlier.
The case was reopened after his father wrote a letter to Watkins' office, which had started a unit dedicated to re-examining possible innocence cases.
Brodie has been deaf since childhood, but police questioned him for hours without an interpreter. He eventually confessed, but later told The Associated Press he felt scared and pressured.
Richardson police said Monday that Brodie initially declined their offer of an interpreter.
When a judge ruled the confession was admissible at trial, Brodie and his attorney figured a guilty verdict, which was punishable by up to 99 years, was all but certain. So they cut a deal - pleading guilty to assaulting the girl in exchange for a five-year sentence. After serving that sentence, Brodie served two more prison stints totaling five more years for twice failing to register as a sex offender.
Brodie was convicted even though a hair and a fingerprint that police believed came from the perpetrator were not a match. Moore said prosecutors failed to notify Brodie's trial attorney that testing showed the hair excluded Brodie as the source.
When Brodie was arrested and convicted, police knew the fingerprint, found on the window through which the perpetrator entered the victim's home, did not match their suspect or anyone living there.
A year after Brodie's conviction, police learned the fingerprint belonged to Robert Warterfield, who pleaded guilty to sexually assaulting a 15-year-old girl in 1994. Warterfield also was suspected by Dallas police in the dozen unsolved sexual assaults and attempted assaults of young girls in the Dallas area.
Warterfield, who is free and working for a yard service in Stephenville, according to the state sex offender registry, was never charged in the attack for which Brodie served time...
Sunday, August 15, 2010
Report: Wrong man may have been arrested in Buffalo shootings
Report: Wrong man may have been arrested in Buffalo shootings
From Rick Martin, CNN
August 15, 2010
Authorities may have arrested the wrong person in a shooting spree that killed four people in Buffalo, New York, according to a local television station.
Charges against Keith Johnson, 25, could be dropped, the Erie County district attorney told CNN affiliate WGRZ-TV.
The shooting Saturday also injured four others outside the City Grill in downtown Buffalo.
District Attorney Frank Sedita said photographic evidence collected by Buffalo police late Saturday night leads them to believe the wrong person might be in custody, the affiliate said...
From Rick Martin, CNN
August 15, 2010
Authorities may have arrested the wrong person in a shooting spree that killed four people in Buffalo, New York, according to a local television station.
Charges against Keith Johnson, 25, could be dropped, the Erie County district attorney told CNN affiliate WGRZ-TV.
The shooting Saturday also injured four others outside the City Grill in downtown Buffalo.
District Attorney Frank Sedita said photographic evidence collected by Buffalo police late Saturday night leads them to believe the wrong person might be in custody, the affiliate said...
Friday, August 06, 2010
Minnesota judge frees man convicted in acceleration crash of Toyota
Minnesota judge frees man convicted in acceleration crash of Toyota
By Jim Kavanagh and Emanuella Grinberg
CNN
August 6, 2010
A Minnesota man sent to prison after the deadly sudden-acceleration crash of his Toyota Camry has been freed by a judge, and the local prosecutor says he will not be retried.
Ramsey County, Minnesota, District Court Judge Joanne Smith on Thursday ordered Koua Fong Lee released from prison pending a new trial related to the 2006 crash that killed three people. Ramsey County Prosecutor Susan Gaertner immediately said she would drop the charges...
Outside the courtroom after the ruling, Lee, 32, said he wanted his four children, one of whom was born after he was jailed, to know what "Daddy" means..
Lee had always maintained his innocence, saying the 1996 Camry accelerated uncontrollably before it crashed into two vehicles, killing a man and his 10-year-old son and a 6-year-old girl...
In fact, the family of the victims had long ago become convinced of Lee's innocence and joined the effort to free him. They are suing Toyota...
"This never seemed right. A man with his family in the car -- his pregnant wife -- goes on a suicide mission? Then, the recalls started, and the complaints sounded just like what happened to Mr. Lee," Schafer said in March. "It sounds just like a case of unintended acceleration."
In the end, though, the conviction was vacated not only because of evidence of mechanical failure, but also because Judge Smith determined Lee's original attorney, Tracy Eichhorn-Hicks, had failed to defend him adequately at trial.
Eichhorn-Hicks had stated in court that Lee must have had his foot on the accelerator, even though Lee himself always maintained that he had pumped the brake to no avail...
By Jim Kavanagh and Emanuella Grinberg
CNN
August 6, 2010
A Minnesota man sent to prison after the deadly sudden-acceleration crash of his Toyota Camry has been freed by a judge, and the local prosecutor says he will not be retried.
Ramsey County, Minnesota, District Court Judge Joanne Smith on Thursday ordered Koua Fong Lee released from prison pending a new trial related to the 2006 crash that killed three people. Ramsey County Prosecutor Susan Gaertner immediately said she would drop the charges...
Outside the courtroom after the ruling, Lee, 32, said he wanted his four children, one of whom was born after he was jailed, to know what "Daddy" means..
Lee had always maintained his innocence, saying the 1996 Camry accelerated uncontrollably before it crashed into two vehicles, killing a man and his 10-year-old son and a 6-year-old girl...
In fact, the family of the victims had long ago become convinced of Lee's innocence and joined the effort to free him. They are suing Toyota...
"This never seemed right. A man with his family in the car -- his pregnant wife -- goes on a suicide mission? Then, the recalls started, and the complaints sounded just like what happened to Mr. Lee," Schafer said in March. "It sounds just like a case of unintended acceleration."
In the end, though, the conviction was vacated not only because of evidence of mechanical failure, but also because Judge Smith determined Lee's original attorney, Tracy Eichhorn-Hicks, had failed to defend him adequately at trial.
Eichhorn-Hicks had stated in court that Lee must have had his foot on the accelerator, even though Lee himself always maintained that he had pumped the brake to no avail...
Tuesday, April 13, 2010
Oops! Sorry, wrong woman arrested for slealing from elderly
Maybe police should be careful of cross-racial identification, especially by elderly?
I don't understand why some people can't apologize when they make a harmful mistake. It makes me wonder if the police and District Attorney think that it's okay for them to trample on people like this and then shrug it off. This isn't what we pay them to do. They get high salaries to do a thorough, professional job.
Woman wrongly arrested wants apology
By Brian Flores
FOX 5 San Diego
April 14, 2010
LA MESA, Calif. - A La Mesa woman who was mistakenly arrested for a series of crimes against senior citizens says she wants and apology from the San Diego District Attorney's Office and police.
Deidria Nicholson told Fox 5 News that she didn't know what she was being arrested for Thursday, but she knew it was a serious situation.
"I can tell you that at that moment, I did not fully understand the charges against me," Nicholson said. "But when I got outside and saw the media, I thought, somebody out here made a big mistake."
Earlier this month, police released a video surveillance photo of a woman responsible for a string of burglaries against local elderly people. Investigators received a phone tip last Thursday that led them to Nicholson. Nicholson said her La Mesa apartment was surrounded by 10 to 14 police officers that afternoon. She said the officers gathered evidence, including receipts, post cards, and some of her hair products. She said she was taken away in handcuffs.
Nicholson's son, Ellis Twine II, said his mother's arrest was bewildering to everyone who knows her.
"I was just shocked, and everybody I told about was in shock, thinking if it was an April fool's joke or something," Twine said.
Nicholson spent five days in custody. She was arraigned Monday afternoon and pleaded not guilty. She adamantly maintained that she was a victim of mistaken identity. Just hours after the arraignment, prosecutors dropped all charges and Nicholson was released. Authorities said they had arrested the wrong person...
New Info Prompts Release Of Woman In Elderly Thefts
Deirdria Nicholson, 50, Arrested Last Thursday
April 12, 2010
10 News
EL CAJON, Calif. -- Questions about the suspect's identity prompted prosecutors Monday to drop their case against a La Mesa woman accused of stealing the purses and pocketbooks of seven people after talking her way into homes in El Cajon, Lake Murray and San Diego.
Deirdria Nicholson, 50, pleaded not guilty this afternoon to charges of burglary, theft from an elder and unauthorized use of an access card and was ordered held on $150,000 bail. Nicholson left Vista Jail at about 10:30 Monday night.
During the arraignment, defense attorney Herb Weston told Judge David Szumowski that his client was adamant there had been a "complete misidentification" in the case.
Two hours later, Deputy District Attorney Dan Link said new information regarding identity had come to light, and the case against Nicholson was being dismissed...
I don't understand why some people can't apologize when they make a harmful mistake. It makes me wonder if the police and District Attorney think that it's okay for them to trample on people like this and then shrug it off. This isn't what we pay them to do. They get high salaries to do a thorough, professional job.
Woman wrongly arrested wants apology
By Brian Flores
FOX 5 San Diego
April 14, 2010
LA MESA, Calif. - A La Mesa woman who was mistakenly arrested for a series of crimes against senior citizens says she wants and apology from the San Diego District Attorney's Office and police.
Deidria Nicholson told Fox 5 News that she didn't know what she was being arrested for Thursday, but she knew it was a serious situation.
"I can tell you that at that moment, I did not fully understand the charges against me," Nicholson said. "But when I got outside and saw the media, I thought, somebody out here made a big mistake."
Earlier this month, police released a video surveillance photo of a woman responsible for a string of burglaries against local elderly people. Investigators received a phone tip last Thursday that led them to Nicholson. Nicholson said her La Mesa apartment was surrounded by 10 to 14 police officers that afternoon. She said the officers gathered evidence, including receipts, post cards, and some of her hair products. She said she was taken away in handcuffs.
Nicholson's son, Ellis Twine II, said his mother's arrest was bewildering to everyone who knows her.
"I was just shocked, and everybody I told about was in shock, thinking if it was an April fool's joke or something," Twine said.
Nicholson spent five days in custody. She was arraigned Monday afternoon and pleaded not guilty. She adamantly maintained that she was a victim of mistaken identity. Just hours after the arraignment, prosecutors dropped all charges and Nicholson was released. Authorities said they had arrested the wrong person...
New Info Prompts Release Of Woman In Elderly Thefts
Deirdria Nicholson, 50, Arrested Last Thursday
April 12, 2010
10 News
EL CAJON, Calif. -- Questions about the suspect's identity prompted prosecutors Monday to drop their case against a La Mesa woman accused of stealing the purses and pocketbooks of seven people after talking her way into homes in El Cajon, Lake Murray and San Diego.
Deirdria Nicholson, 50, pleaded not guilty this afternoon to charges of burglary, theft from an elder and unauthorized use of an access card and was ordered held on $150,000 bail. Nicholson left Vista Jail at about 10:30 Monday night.
During the arraignment, defense attorney Herb Weston told Judge David Szumowski that his client was adamant there had been a "complete misidentification" in the case.
Two hours later, Deputy District Attorney Dan Link said new information regarding identity had come to light, and the case against Nicholson was being dismissed...
Saturday, November 21, 2009
Wrongfully Convicted Man Wins Freedom
Wrongfully Convicted Man Wins Freedom
By JENNIFER PELTZ
Nov. 21, 2009
AP
NEW YORK (Nov. 21) - A prison system official says a New York City man is free after spending nearly two decades behind bars for murder before a judge declared him innocent.
Fernando Bermudez was released from the Sing Sing prison in Ossining at about 2:10 p.m. Friday. A Manhattan judge overturned Bermudez's 1992 conviction last week, saying it stemmed from unreliable witness testimony.
Fernando Bermudez walks with his wife Crystal, left, near a New York courthouse Friday, after a Manhattan judge tossed out his 1992 murder conviction.
But Bermudez remained behind bars because he hadn't served a 27-month sentence in a federal drug case.
A federal judge on Thursday ordered that Bermudez be released at least until June 30 while his lawyers ask federal officials to credit his drug sentence as served.
By JENNIFER PELTZ
Nov. 21, 2009
AP
NEW YORK (Nov. 21) - A prison system official says a New York City man is free after spending nearly two decades behind bars for murder before a judge declared him innocent.
Fernando Bermudez was released from the Sing Sing prison in Ossining at about 2:10 p.m. Friday. A Manhattan judge overturned Bermudez's 1992 conviction last week, saying it stemmed from unreliable witness testimony.
Fernando Bermudez walks with his wife Crystal, left, near a New York courthouse Friday, after a Manhattan judge tossed out his 1992 murder conviction.
But Bermudez remained behind bars because he hadn't served a 27-month sentence in a federal drug case.
A federal judge on Thursday ordered that Bermudez be released at least until June 30 while his lawyers ask federal officials to credit his drug sentence as served.
Saturday, March 14, 2009
Innocent man jailed for 11 years forgives his accuser
Jennifer Thompson is a truly moral person who is bravely accepting responsibility for identifying the wrong man in a police lineup.
Mark Hansen, Forensic Science: Scoping out eyewitness Ids, 87 A.B.A.J. 39, April, 2001.
Nobody understands better than Jennifer Thompson how unreliable eyewitness evidence can be. Except maybe for Ronald Cotton.
Thompson is a North Carolina rape victim whose eyewitness identification of a suspect put the wrong man in prison for life. Twice.
Cotton is the innocent man who spent 11 years of his life in prison because of Thompson's mistake. And he might still be behind bars today if he hadn't been watching the O.J. Simpson trial on television in prison in 1995 and heard about a test for DNA.
Thompson, now the 38-year-old mother of triplets, was a 22-year-old college student in 1984 when someone broke into her apartment, put a knife to her throat and raped her.
Several days later, she went to the police station and picked Cotton's photo out of a lineup. She also picked him out of a physical lineup and identified him as her assailant at his 1985 trial.
"I was absolutely, positively, without-a-doubt certain he was the man who raped me when I got on that witness stand and testified against him," Thompson recalls now. "And nobody was going to tell me any different."
Two years later, though, Cotton won a new trial where there was testimony about another man, a fellow inmate who had reportedly told other prisoners he had committed the rape for which Cotton had been convicted.
But the man denied it on the witness stand. And Thompson testified that she had never seen the other man before in her life.
Nine years later, Cotton was watching the Simpson trial unfold on TV when he heard about a miraculous new test that could prove his innocence. So he asked to be tested.
And when the results came back, Thompson got the shock of her life. Cotton was innocent. It was his fellow inmate, the man she swore she had never seen before, who had raped her.
"I felt like my whole world had been turned upside down, like I had betrayed everybody, including myself," Thompson says.
But experts say they aren't surprised by her story. Mistaken eyewitness identification is the No. 1 cause of wrongful convictions, they say.
Cotton isn't angry. In fact, he and Thompson have since become friends. "You can't forget, but you can forgive," he says.
But he also counts his blessings every day. And thanks God for DNA. "If it weren't for that, I wouldn't be where I am today," he says.
Mark Hansen, Forensic Science: Scoping out eyewitness Ids, 87 A.B.A.J. 39, April, 2001.
Nobody understands better than Jennifer Thompson how unreliable eyewitness evidence can be. Except maybe for Ronald Cotton.
Thompson is a North Carolina rape victim whose eyewitness identification of a suspect put the wrong man in prison for life. Twice.
Cotton is the innocent man who spent 11 years of his life in prison because of Thompson's mistake. And he might still be behind bars today if he hadn't been watching the O.J. Simpson trial on television in prison in 1995 and heard about a test for DNA.
Thompson, now the 38-year-old mother of triplets, was a 22-year-old college student in 1984 when someone broke into her apartment, put a knife to her throat and raped her.
Several days later, she went to the police station and picked Cotton's photo out of a lineup. She also picked him out of a physical lineup and identified him as her assailant at his 1985 trial.
"I was absolutely, positively, without-a-doubt certain he was the man who raped me when I got on that witness stand and testified against him," Thompson recalls now. "And nobody was going to tell me any different."
Two years later, though, Cotton won a new trial where there was testimony about another man, a fellow inmate who had reportedly told other prisoners he had committed the rape for which Cotton had been convicted.
But the man denied it on the witness stand. And Thompson testified that she had never seen the other man before in her life.
Nine years later, Cotton was watching the Simpson trial unfold on TV when he heard about a miraculous new test that could prove his innocence. So he asked to be tested.
And when the results came back, Thompson got the shock of her life. Cotton was innocent. It was his fellow inmate, the man she swore she had never seen before, who had raped her.
"I felt like my whole world had been turned upside down, like I had betrayed everybody, including myself," Thompson says.
But experts say they aren't surprised by her story. Mistaken eyewitness identification is the No. 1 cause of wrongful convictions, they say.
Cotton isn't angry. In fact, he and Thompson have since become friends. "You can't forget, but you can forgive," he says.
But he also counts his blessings every day. And thanks God for DNA. "If it weren't for that, I wouldn't be where I am today," he says.
Saturday, February 07, 2009
Innocent man died in prison; real rapist is "sorry"
Justice Finally Served
Harry Cabluck, AP
Feb. 7, 2009
A man who died in prison while serving time for a rape he didn't commit was cleared Friday by a judge who called the state's first posthumous DNA exoneration "the saddest case" he'd ever seen.
Calling it "the saddest case" he'd ever seen, a judge exonerates Timothy Cole, who was convicted of rape in 1985. DNA evidence helped clear Cole -- and pointed to Jerry Wayne Johnson instead. Here, Johnson walks into a Texas courtroom on Friday, past a portrait of Cole. This was the first case in Texas history where DNA cleared someone who had died in prison.
Cole was convicted of raping a Texas Tech University student in Lubbock in 1985 and was sentenced to 25 years in prison. He died in 1999 at age 39 from asthma complications.
DNA tests in 2008 connected the crime to Jerry Wayne Johnson, who is serving life in prison for separate rapes. Johnson testified in court Friday that he was the rapist in Cole's case and asked the victim and Cole's family to forgive him.
"I'm responsible for all this. I'm truly sorry for my pathetic behavior and selfishness. I hope and pray you will forgive me," Johnson said.
The Innocence Project of Texas said Cole's case was the first posthumous DNA exoneration in state history...
Cole and his relatives for years claimed he was innocent, but no one believed them until evidence from the original rape kit was tested for DNA. Cole had refused to plead guilty before trial in exchange for probation, and while in prison, he refused to admit to the crime when it could have earned him release on parole.
The Innocence Project pressed for a hearing to start the process of clearing Cole's name. Cole's family now wants Gov. Rick Perry to issue a formal pardon.
Harry Cabluck, AP
Feb. 7, 2009
A man who died in prison while serving time for a rape he didn't commit was cleared Friday by a judge who called the state's first posthumous DNA exoneration "the saddest case" he'd ever seen.
Calling it "the saddest case" he'd ever seen, a judge exonerates Timothy Cole, who was convicted of rape in 1985. DNA evidence helped clear Cole -- and pointed to Jerry Wayne Johnson instead. Here, Johnson walks into a Texas courtroom on Friday, past a portrait of Cole. This was the first case in Texas history where DNA cleared someone who had died in prison.
Cole was convicted of raping a Texas Tech University student in Lubbock in 1985 and was sentenced to 25 years in prison. He died in 1999 at age 39 from asthma complications.
DNA tests in 2008 connected the crime to Jerry Wayne Johnson, who is serving life in prison for separate rapes. Johnson testified in court Friday that he was the rapist in Cole's case and asked the victim and Cole's family to forgive him.
"I'm responsible for all this. I'm truly sorry for my pathetic behavior and selfishness. I hope and pray you will forgive me," Johnson said.
The Innocence Project of Texas said Cole's case was the first posthumous DNA exoneration in state history...
Cole and his relatives for years claimed he was innocent, but no one believed them until evidence from the original rape kit was tested for DNA. Cole had refused to plead guilty before trial in exchange for probation, and while in prison, he refused to admit to the crime when it could have earned him release on parole.
The Innocence Project pressed for a hearing to start the process of clearing Cole's name. Cole's family now wants Gov. Rick Perry to issue a formal pardon.
Saturday, August 09, 2008
Berwyn Heights Mayor Cheye Calvo and his wife Trinity Tomsic were victims of a mistaken police raid last week
My guess is that the police chief belonged to a different political party than Mayor Calvo. My opinion is, of course, influenced by watching San Diego District Attorney Bonnie Dumanis and her henchman Patrick O'Toole conduct political prosecutions for the past couple of years.
Police chief expresses regret over drug raid
By Gus G. Sentementes
Baltimore Sun
August 9, 2008
Prince George's County police Chief Melvin C. High said yesterday that a suburban Washington mayor and his wife were "innocent victims of drug traffickers" and expressed regret for the loss of the couple's dogs during a raid on his home last week.
Meanwhile, the FBI has opened an investigation into the actions of the county police officers who burst into the house of Berwyn Heights Mayor Cheye Calvo and shot the dogs. Calvo and his mother-in-law were handcuffed after the officers mistakenly suspected he was involved in shipping marijuana to his home.
Special Agent Richard Wolf, a spokesman for the FBI's Baltimore field office, said the agency has opened a civil rights investigation upon the request of Calvo...
Friday, August 01, 2008
Hatfill was innocent; suspected anthrax killer Ivins kills himself
Anthrax Suspect Commits Suicide
By MATT APUZZO and LARA JAKES JORDAN, AP
Federal prosecutors investigating the 2001 anthrax attacks were planning to indict and seek the death penalty against a top Army microbiologist in connection with anthrax mailings that killed five people...
The scientist, Bruce E. Ivins...killed himself this week.
...prosecutors were closing in on Ivins, 62. They were planning an indictment that would have sought the death penalty for the attacks, which killed five people, crippled the postal system and traumatized a nation still reeling from the Sept. 11 attacks.
Authorities were investigating whether Ivins released the anthrax as a way to test his vaccine, officials said.
...Russell Byrne, a colleague who worked in the bacteriology division of the Fort Detrick research facility ...said Ivins was forcefully removed from his job by local police recently because of fears that he had become a danger to himself or others. The investigation led to Ivins being hospitalized for depression earlier this month, Byrne said.
...The Los Angeles Times, which first reported that Ivins was under suspicion, said the scientist had taken a massive dose of a prescription Tylenol mixed with codeine.
...
In late June, the government exonerated a colleague of Ivins', Steven Hatfill...
By MATT APUZZO and LARA JAKES JORDAN, AP
Federal prosecutors investigating the 2001 anthrax attacks were planning to indict and seek the death penalty against a top Army microbiologist in connection with anthrax mailings that killed five people...
The scientist, Bruce E. Ivins...killed himself this week.
...prosecutors were closing in on Ivins, 62. They were planning an indictment that would have sought the death penalty for the attacks, which killed five people, crippled the postal system and traumatized a nation still reeling from the Sept. 11 attacks.
Authorities were investigating whether Ivins released the anthrax as a way to test his vaccine, officials said.
...Russell Byrne, a colleague who worked in the bacteriology division of the Fort Detrick research facility ...said Ivins was forcefully removed from his job by local police recently because of fears that he had become a danger to himself or others. The investigation led to Ivins being hospitalized for depression earlier this month, Byrne said.
...The Los Angeles Times, which first reported that Ivins was under suspicion, said the scientist had taken a massive dose of a prescription Tylenol mixed with codeine.
...
In late June, the government exonerated a colleague of Ivins', Steven Hatfill...
Friday, July 11, 2008
Cops get hysterical, falsely claim cookies laced with drugs
An innocent 18-year-old spent a night in jail because police got the idea that the cookies he delivered were laced with drugs, then claimed that they had evidence to prove their hunch. It turned out that the deliveries were part of a court-ordered community service program.
Here is a story that was published BEFORE tests proved the cookies were clean.
July 10, 2008
By DAN X. McGRAW
The Dallas Morning News
dmcgraw@dallasnews.com
Police officers in Blue Mound didn't think much of the cookies dropped off at their station Monday night – until they got a whiff of them.
Overpowering the chocolate chips was the pungent smell of marijuana, police said. [Note: this turned out to be a figment of the police officers' imaginations.]
"It reeked of it," said Lt. Thomas Cain, a Blue Mound police spokesman. "It wasn't hard to tell. Anyone that's been around marijuana before would have known."
Christian Phillips Christian Phillips, 18, of Watauga was arrested Tuesday after authorities said he tried to deliver a batch of cookies that later tested positive for LSD to the nearby Lake Worth police station...
The cookies, which tested positive for marijuana [note: this report was later proved false], were not eaten by anyone in Blue Mound, he said...
Police arrested Mr. Phillips around 10:30 a.m. Tuesday when he attempted to drop off cookies in Lake Worth, officers said...
Here is a story that was published BEFORE tests proved the cookies were clean.
July 10, 2008
By DAN X. McGRAW
The Dallas Morning News
dmcgraw@dallasnews.com
Police officers in Blue Mound didn't think much of the cookies dropped off at their station Monday night – until they got a whiff of them.
Overpowering the chocolate chips was the pungent smell of marijuana, police said. [Note: this turned out to be a figment of the police officers' imaginations.]
"It reeked of it," said Lt. Thomas Cain, a Blue Mound police spokesman. "It wasn't hard to tell. Anyone that's been around marijuana before would have known."
Christian Phillips Christian Phillips, 18, of Watauga was arrested Tuesday after authorities said he tried to deliver a batch of cookies that later tested positive for LSD to the nearby Lake Worth police station...
The cookies, which tested positive for marijuana [note: this report was later proved false], were not eaten by anyone in Blue Mound, he said...
Police arrested Mr. Phillips around 10:30 a.m. Tuesday when he attempted to drop off cookies in Lake Worth, officers said...
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