But justice would have to wait. After the Pennsylvania Innocence Project took on his case and developed even more evidence establishing Eugene’s innocence, we filed a new petition with new facts for the Court. That Petition, which you can read here with the exhibits here, told the story of a man who has been imprisoned for  15 years for a crime he had nothing to do with. Hoping for a quick resolution, justice for Eugene would have to wait some more.

After many missed deadlines for filing a response to Mr. Gilyard’s Petition, the Commonwealth finally filed its 8 page answer here. In essence, the Commonwealth seems to be arguing that even if Mr. Gilyard is innocent, because he should have filed his Petition earlier his claims “should be dismissed without a hearing.” Hoping for a quick resolution to his nearly 2-decade nightmare, we filed a response for Mr. Gilyard last week, which you can read here. In May, Mr. Gilyard has a hearing in the Court of Common Pleas where we will argue that since he has shown that there is strong evidence to show that another man got away with murder the Court should, at a minimum, give him a chance to have that evidence heard. Stay tuned.

The case is critical for Washington state defendants accused of crimes they did not commit seeking to have evidence from their prosecutions submitted for DNA testing. Under the state’s law, only those serving “a term of imprisonment” are able to request DNA testing. Mr. Slattum was neither in prison nor serving a probationary sentence; he was, however, under “community custody” and was required to register as a sex-offender for the remainder of his life. The Washington Supreme Court held, following the students’ argument, that a strict interpretation of the word “imprisonment” would be unjust, and would mean that many people who should be able to get DNA testing would be denied.

Under the ruling, prisoners in community custody must first fill out a form claiming their innocence which has to be approved. Then they become eligible to receive the state funded DNA test. There are twice as many prisoners in community custody than those that are not, meaning this would undoubtedly cost the state more money. State v. Slattum was the first case in the state of Washington to address this law.  The Slattum case is the Project’s first victory in which a student served as a representative.

• State’s death penalty culture
• Strength of prosecution’s case
• Strength of defendant’s case
• Prosecution withholding evidence
• Forensic evidence errors
• Defendant’s age
• Defendant’s criminal history
• Intentional misidentification
• Dishonesty from non-eyewitnesses
• Family witnesses testifying for defendant

Gould believes the paths to wrongful convictions begin in the interrogation room and suggests police make checklists and be proactive with forensic testing. Several of these factors are obviously discriminatory such as the defendant’s age and criminal background.

Regrettably, this discrimination happens on a reoccurring basis and no one should have to be penalized for a crime they didn’t commit whether it is due to their past, perjury, or the hidden motives of a legal team. At the Pennsylvania Innocence Project, we are incessantly working to prevent and bring attention to these transgressions within the legal system.

California Innocence Project Director Justin Brooks with Brian Banks the day of his exoneration

Following six years of incarceration for the false allegation of rape, Brian Banks has finally been acquainted with justice. Banks was imprisoned at Chino State Penitentiary after Wanetta Gibson, a female acquaintance of Banks in high school, accused him of raping and kidnapping her following the an afternoon in which the two consensually made out. Banks was a very promising football player at Polytechnic High School and football scouts paid a visit to Bank’s high school in his sophomore year to witness Bank’s talent. In 2002, Banks was robbed of the opportunity of a football scholarship and promising career in the NFL because Gibsons wanted to conceal the fact that she was sexually active from her mother. Gibson even received 1.5 million dollars from the school district she and Banks attended because they’d been declared guilty of not ensuring Banks’ safety.

Release after completion of 85 percent of his prison term didn’t necessarily indicate freedom for Banks. Not only did he know he’d missed the critical period for success in a football career, but Banks had to register as a sex offender and wear a parole bracelet on his ankle. A friend request from Gibson would allow Banks to become one step closer to truly being a freed man.

When Gibson initiated contact with Banks on Facebook and suggested they meet, Banks used this unexpected communication to officially establish his innocence. Banks was able to allow he and Gibson’s meeting to be recorded and Gibson eventually confessed to lying about the allegations she made and profited from over 10 years ago. Gibson also stated that she’d had no intentions of returning the money she was given. The video and audio of the meeting was presented at trial by the California Innocence Project and on May 24, 2012, Banks was finally deemed innocent and exonerated from the charges.

Banks was given an opportunity by the coach of the Seattle Seahawks whom Banks had met when he was 17. He was not drafted by the Seahawks following the tryouts nor was he drafted by other teams he’d tried out for. Banks’ knack for football declined in those 10 years and it is rather unlikely he’ll ever be able to possess the same athletic skill he had before his imprisonment. While Banks was able to play for the Las Vegas Locomotives, a team within the United Football League, the League was eventually forced to end operations due to insufficient funds. In his recent interview on 60 Minutes this past Sunday, it’s evident that Banks still maintains an admirably positive attitude and he expressed no desire for Gibson to face any consequences for the false accusations that denied Banks of his freedom and destroyed his future in the NFL. Although Banks is now a freed man, there are numerous cases such as his that are not retried and in which those that have been falsely accused are not exonerated. The Pennsylvania Innocence Project is dedicated to proving the innocence of men such as Banks that have been victims to false allegations.

fter four years of work developing the foundation for the Pennsylvania Innocence Project, we 

The Pennsylvania Innocence Project reviews cases from all over the Commonwealth (67 counties in all!). In the past cases near Pittsburgh were reviewed by the Innocence Institute at Point Park University, a journalism-based program run by investigative journalist Bill Moushey. However, the Institute closed last year, and the Project has been working hard to fill the great void left.

This training will feature many active in the Pittsburgh legal community, and is designed to provide lawyers not familiar with innocence or post-conviction work the full background and training they will need to join the Project in its mission of exonerating the innocent.

The Philadelphia Inquirer ran the following opinion piece, written by Pennsylvania Innocence Project Legal Director Marissa Bluestine:

Last week, the Delaware County District Attorney’s Office withdrew murder charges against a man it determined to be innocent.

Tahmir Craig was charged with the Memorial Day killing of Devon Williams after several witnesses identified him as the man seen in a surveillance photo. Craig maintained his innocence, saying he was with his family at the time of the murder. This story could have easily ended in a conviction and life sentence for Craig. But District Attorney Jack Whelan, after prodding from Craig’s family and attorney, continued his investigation. An FBI analysis of the surveillance photos determined that Craig was innocent: The shooter stood about six inches taller than Craig. Responding quickly, Whelan dropped all charges against Craig and he was released from prison. The case remains under investigation, as police try to identify the murderer still on the loose.

Tahmir Craig had luck – both bad and good. Bad in being arrested for a crime another committed, but good in that police and prosecutors engaged in good law-enforcement work. They did not let Craig’s arrest serve as the end of the investigation. A manifest injustice was averted, and an innocent man freed. This is what we might call a “near miss.”

Social scientists have started to study these “near misses” and compare them with cases in which innocent people were wrongly convicted. The difference between the two is often continued investigation.

For example, once police get a confession from a suspect, they may not investigate further, believing strongly they have the right person. Or a forensic technician may determine that a fingerprint at the scene matches the suspect only after learning that the suspect confessed. Having that confession, and believing the suspect guilty, they view all information through that lens. It’s called “confirmatory bias,” and it’s how people make sense of multiple streams of data.

The key in law enforcement is to help police overcome this inherent bias and view evidence objectively. For example, forensic scientists should be shielded from unnecessary information – like a confession or eyewitness identification – before making comparisons against a given target. Police should be encouraged to continue investigating even after a confession or strong eyewitness identification.

As law-enforcement agencies grapple with the troubling fact that our justice systems sometimes ensnare innocent individuals, police and prosecutors are looking for ways to prevent these tragedies.

The Philadelphia District Attorney’s Office, for example, has been quietly overhauling the charging unit. Rather than accept cases for charging that depend on shaky, weak, or even questionable evidence, the experienced attorneys who decide whether charges should be approved insist on more. Prosecutors are working closely with police detectives, requiring more evidence, corroborative information, and confirming tests.

No one wants the wrong person arrested and convicted. Not the victim of the crime, not the prosecutor, and certainly not the police. But, many times, innocent people have been arrested and convicted when the true perpetrator’s identity was just an interview or forensic test away. The benefits of digging deeper are obvious: A strong case gets stronger, or information comes to light that shows the suspect to be innocent. Justice is served either way.

But this story has a better ending. Because police did what they should always do: they kept investigating. Police sent still images from the video to State Police and federal officials. With the help of sophisticated technology enhancing the images and video, it became clear to police what it was not to the witnesses: Tahmir Craig did not shoot Devon Williams. And Delaware County DA Jack Whelan acted quickly: he withdrew all charges against Mr. Craig, 10 months after his arrest.

Too often, we see cases where police don’t continue to look, they don’t continue to investigate. An eyewitness identification or “confession” are deemed sufficient to establish guilt. But so many times, truth is just around the corner. If only investigators had kept at it, innocent men would not have been accused of crimes they did not commit. We applaud the Delaware County Police Department and the Delaware County District Attorney’s Office for proving that further investigation can sometimes prove initial assumptions were wrong.

Beginning today, Monday, February 25 going through Monday, March 3, you are invited to participate in our “Freedom in PA” social media photo contest. The Pennsylvania Innocence Project’s dedication to exonerate those who have been wrongfully convicted resonates strongly with the vision of freedom our founding fathers laid forth 237 years ago.

To enter, simply take a photo* of a landmark, historical or modern figure, item, or symbol representing freedom to you, and post it on our Facebook page for the chance to win a $25 gift card to Giant Food Stores.

• Invite all of your friends and family to vote by ‘liking’ your favorite photo on our Facebookpage.
• The winning photo will be announced on Tuesday, March 4 and will be determined by the amount of ‘likes.’

“None who have always been free can understand the terrible fascinating power of the hope of freedom to those who are not free.”-Pearl S. Buck

*Please, only one entry per person.

To honor Dr. Martin Luther King, Jr., the Jewish Social Policy Action Network and the Cheltenham chapter of the NAACP present an evening devoted to discussing better ways of getting convictions right. Montgomery County District Attorney Risa Ferman, a statewide leader in promoting the ideals of Conviction Integrity in prosecutions, Marissa Bluestine, Legal Director for the Pennsylvania Innocence Project,and Captain Fran Healy, Special Assistant to the Commissioner of the Philadelphia Police Department, will talk about how law enforcement is meeting this new challenge with the help of advocates for the convicted innocent.

The forum will be Tuesday January 22, from 7 – 9 pm in the Commons Great Room of Arcadia University in Glenside, Pennsylvania (embed: arcadia.edu).  For more information, contact Judith Dalton at Arcadia University – daltonj@arcadia.edu.

Chief Bill Brooks, Norwood, MA Police Dept.

Enhancing Law Enforcement’s Ability to Ensure Accurate Convictions—Techniques & Scientific Developments, brought together seasoned law enforcement and national experts to present proven developments in the police techniques of photographic and live eyewitness identification.

Key points highlighted during the seminar were:

• The science behind problems with eyewitness memory and recollection;
• Recent court decisions acknowledging evidence-based eyewitness procedures;
• Advanced techniques implemented by police departments nationwide;
• The harm committed when innocent persons are wrongfully convicted due to misidentification.

The Philadelphia Police Department is the oldest municipal police agency in the United States and the 6th largest non-federal law enforcement agency in the country. This training is the largest of its kind held to date.

Philadelphia Police Commissioner Charles Ramsey

During the training, Philadelphia Police Commissioner Charles Ramsey made it clear that he wanted the Department to adopt best-evidence based eyewitness identification protocols during his tenure. These updates include conducting procedures sequentially rather than simultaneously and by an administrator who does not know the suspect’s identity. When Philadelphia police make this change, the Department will become the largest single jurisdiction in the United States to do so.  Commanders who attended the training felt it was “high time” for these updates, and they want to work to make it happen.

When police get the right guy, instead of someone innocent, all of society benefits. That’s exactly what these eyewitness protocols are all about — getting it right using methods proven effective through rigorous scientific study. The Pennsylvania Innocence Project is proud to support Commissioner Ramsey and the Department as strong leaders of best practices in law enforcement for our country.