[Deathpenalty] death penalty news----PENN., N.C., LA., OHIO, IND.
Rick Halperin
rhalperi at smu.edu
Tue Nov 10 09:37:01 CST 2015
Nov. 10
PENNSYLVANIA:
A Practitioner's 5-Point Plan to Improve the Pa. Supreme Court
They are reform-minded. They are energetic. They are (relatively) younger. They
are the 3 newly elected Pennsylvania Supreme Court justices, who are set to
join the court in January 2016, returning that court to full strength for the
1st time in seemingly forever.
1 of the 3 justices-elect, state Superior Court Judge David Wecht, campaigned
on a 5-point plan focused largely on judicial ethics reform, a goal that I and
apparently many others strongly support. Along the same lines, as someone who
has focused on the output and performance of federal and state appellate courts
for the past 25 years, I am devoting this month's column to my own 5-point plan
intended to improve the quality and timeliness of the state Supreme Court's
decision-making process. If Pennsylvania's highest court were to implement some
or all of the following 5 proposals, surely many attorneys and litigants would
be more satisfied with that court's output and overall performance.
-- Point 1: Decide whether to grant or deny petitions for allowance of appeal
(requests for discretionary appellate review that make up the bulk of the
court's docket) within three months after briefing on that question is
complete. At present, it frequently takes between 6 months to a year, and
sometimes even longer than a year, for the Supreme Court to announce whether it
will grant or deny a petition for allowance of appeal. This delay in the
court's initial decision whether to even accept review of a case is
inexplicable and inexcusable. The U.S. Supreme Court, by contrast, decides
whether to grant or deny review of cases in a far shorter timeframe during the
9 months of the year when that court is in session.
Although deciding which cases will receive discretionary review in
Pennsylvania's highest court is one of that court's most important duties,
distinguishing between the cases that satisfy the rigorous criteria for
discretionary review and those that do not is relatively straightforward. Once
the wheat has been separated from the chaff, the justices merely have to decide
which of the cases that remain they are interested in deciding right now.
Whether to hear and decide a particular case presents a judgment call, but this
sort of judgment is what appellate judges in Pennsylvania are elected to
perform. If a justice isn't certain whether a particular case should be
reviewed right now, instead of simply taking more time to decide, the response
should be to deny review, because if the issue is important enough it will
arise again before long.
-- Point 2: Decide all argued cases within 6 months to a year after oral
argument. Far too many cases pending on the merits before the state Supreme
Court take more than a year from oral argument to be decided. It would be
preferable if the timeline for deciding all but the most unusually complex case
was 6 months to a year.
Once an appellate court finds itself chronically behind in deciding appeals on
a timely basis, it can be very difficult to dig out of such a rut. Now that
Pennsylvania's highest court will be turning the page with the arrival of 3 new
justices on the 7-justice court, the court cannot only aspire to but actually
implement a far more prompt timetable for deciding argued cases.
-- Point 3: Eliminate the formulaic nature of Pennsylvania Supreme Court
majority opinions. In recent years, the justices serving on the state Supreme
Court appear to have agreed that all of the court's majority opinions must
follow a formula. After describing the issue(s) under consideration and the
relevant factual and procedural background, the court's majority opinions next
turn to exhaustively describing the opposing parties' arguments, together with
the arguments of any amici involved in the case.
There is absolutely no requirement that an appellate opinion devote countless
paragraphs - and the time and effort necessary to write, review and approve
them - to describing the competing arguments of the parties in minute detail. I
am concerned that the formulaic nature of Supreme Court majority opinions may
be largely to blame for the otherwise inexplicable delays in issuing decisions.
If more attention were paid to deciding cases and explaining the reasons for
those decisions instead of comprehensively summarizing and regurgitating the
contents of the parties' merits briefing, surely many cases could be decided
far more quickly and cogently.
-- Point 4: Eliminate the right of direct appeal to the Pennsylvania Supreme
Court of criminal convictions for which a death sentence has been imposed so
that those appeals will be heard and decided in the first instance, in common
with all other direct criminal appeals, by the state Superior Court.
One of the reasons the workload of Pennsylvania's highest court can get bogged
down is the court must hear and decide a category of cases that constitutes the
most complicated of all criminal cases - death-penalty cases on direct appeal
from the trial court in which the sentence was imposed. All other criminal
cases, no matter how complicated and even if they resulted in a sentence of
life imprisonment, are heard on direct appeal in the first instance in the
state Superior Court, with discretionary review available thereafter in the
Supreme Court.
I have tried to justify the statutory provision that requires a direct appeal
to the Supreme Court in all death-penalty cases. Perhaps it was enacted to
protect the life of the condemned, to ensure that no criminal defendant would
be put to death unless a majority of Pennsylvania's highest-ranking judges
ruled that it was lawful and appropriate. Or perhaps it was enacted to
streamline the review process, so that the imposition of the criminal penalty
deemed most serious (and certainly most irreversible) could occur without
dragging on forever throughout the appellate process.
Whatever the original reasons happened to be for requiring direct appellate
review in the Supreme Court of a judgment of conviction and sentence in a
death-penalty case, those reasons no longer make any sense today. If getting
the answer right were the reason, surely intermediate appellate review would
provide an additional opportunity for error correction while also sharpening
the issues that otherwise may qualify for Supreme Court review. And if
streamlining the process for imposing the death penalty were the reason, in
2015 one thing we know for sure is that criminal defendants sentenced to death
are nowhere near the imposition of that sentence on direct appeal due to the
seemingly never-ending process of review, for which direct appellate review
merely serves as a 1st step.
In sum, the high cost of speeding up Supreme Court review of a trial court's
judgment of conviction and sentence in a death-penalty case does not seem worth
it. The cost is reflected in slowing down the court's disposition of the rest
of the court's very important workload.
Point 5: Create a page on the state Supreme Court's website listing all of the
cases in which allowance of appeal has been granted, containing the question(s)
presented in each case and linking to PDF copies of the merits briefing. The
court already has its own website, and all merits briefs are already either
being electronically filed as PDF documents or being scanned into PDF documents
once filed.
It would be a wonderful resource, for the civic education of the public, for
students interested in the law and government, and for journalists who cover
Pennsylvania's highest court if the court were to create and maintain such an
online repository of the court's merits cases. Moreover, the free and easy
online availability of briefs filed in merits cases would provide one more
reason for the court to scrap the formulaic nature of the court's current
majority opinions. If someone wishes to learn in intricate detail what the
parties and amici have argued, he or she can merely go online to see what the
briefs have said.
All but 1 of these 5 proposals are within the court's own control to implement;
the proposal concerning death-penalty appeals will require action from the
General Assembly. These proposals will, if adopted, improve the Pennsylvania
Supreme Court's decision-making process, and therefore I hope that the merits
of these proposals will be as apparent to the justices themselves as they are
to at least one experienced appellate practitioner.
(source: Howard Bashman, The Legal Intelligencer)
NORTH CAROLINA:
Man accused in killing argues against death penalty option
A 21-year-old man accused of having a hand in the 2013 bludgeoning death of a
woman in an apartment near North Hills made a series of requests in Wake County
Superior Court on Monday in advance of his January trial date.
Defense attorneys for Travion Devonte Smith, 22, of Raleigh, were unsuccessful
Monday in their attempt to take the death penalty off the table as a possible
punishment in his case.
In a hearing that is scheduled to continue Tuesday, Jonathan Broun, one of
Smith???s defense attorney, contended that prosecutors had withheld critical
information that raises questions about the accusations against Smith.
Smith is 1 of 3 people charged in the death of Melissa Huggins-Jones, a mother
and new arrival to Raleigh. Huggins-Jones had moved to Raleigh from Tennessee
and had just started a new job. Newly divorced, she set up her home with her
daughter, 8 at the time, and expected her son to join them after the school
year.
On May 14, 2013, the girl left the apartment and sought help from a
construction worker, who followed the child to the apartment and the discovery
of the crime scene.
Investigators did not immediately have suspects in the case.
But a laptop stolen from the apartment that turned up in Wake Forest with
telling DNA evidence led investigators to Smith and 2 co-defendants. Also
charged with murder in the case was Ronald Lee Anthony, a 25-year-old who has
pleaded guilty to 1st-degree murder and accepted a sentence of life in prison
without parole in exchange for prosecutors dropping their pursuit of capital
punishment.
Sarah Rene Redden, 20, also faces charges related to the case.
On Monday, Broun noted that Redden, initially described as the getaway driver,
had changed her account of the night from her early reports to police. She
initially said Anthony and Smith killed Huggins-Jones, but since then has
recanted and shifted the primary responsibility to Anthony.
"She is now saying that it was Ronald Anthony and Ronald Anthony alone who
killed Melissa Huggins-Jones," Broun said Monday during the hearing presided
over by Judge Paul Ridgeway. "Ronald told her that he stabbed her to death.
Travion didn't personally hit stab or hurt Miss Huggins-Jones, according to
this statement. She also said she had no indication that Travion ever when into
Ms. Huggins-Jones' bedroom or was present in the room when Ronald Anthony
killed her."
Broun contended that Redden's initial account of the night - that both men took
turns bludgeoning Huggins-Jones - was offered because she did not want Anthony,
her boyfriend at the time, to take full blame.
Broun argued that because Redden had changed her account to make Smith less
culpable that he no longer should be eligible for the death penalty if
convicted.
Ridgeway told the attorneys that at this point in the proceedings, the death
penalty would remain an option, but that would not keep him from reconsidering
such a request later in the legal process.
(source: News & Observer)
LOUISIANA:
Southern Rep's death penalty drama brings humanity, persuasive argument to
challenging issue
Few political or moral issues divide this country as much as the death penalty;
the simple fact that Southern Rep has tackled the issue with its newest drama
will upset and even anger some.
The very nature of the controversies surrounding the topic will lead some to
declare that the company is engaging in little more that political agitprop
dressed up as theater.
Nevertheless, by presenting the world premiere of "Song of a Man Coming
Through," Southern Rep has created one of the most reasonably argued and
convincing cases against state-sponsored execution, while also revealing the
methodical depersonalization that allows advocates of the death penalty to
readily declare another human being as unworthy of living.
"Song of a Man Coming Through" tells the story of Earnest Knighton Jr., a black
man in rural Louisiana who got caught up in drugs and crime from his youth.
Eventually, while high on speed, he was involved in a Bossier City armed
robbery in 1981, in which a victim was shot and killed. (Knighton, who admitted
his guilt in the robbery, said the shooting was inadvertent.)
SONG OF A MAN COMING THROUGH
--What: Southern Rep presents the true story of convicted Louisiana murderer
Earnest Knighton Jr., and the priest, lawyer and paralegal who reluctantly
become his greatest advocates. The Episcopal priest, Joe Morris Doss, and his
son, Andrew Doss, wrote the play. Aimee Hayes directs the cast, which includes
Robert Diago DoQui, Lance Nichols, Mike Harkins, John Neisler, Cecile Monteyne,
and others.
--Where: First Grace United Methodist Church, 3401 Canal St..
--When: Performances at 8 p.m. Thursdays through Saturdays, and at 6 p.m.
Sundays, through Nov. 21.
--Admission: $20-$40. For information, call 504.522.6545, or visit the
company's website.
Brought to trial, Knighton's court-appointed lawyer was an ill and overworked
public defender. A jury convicted him and he was sentenced to death. Despite a
legion of appeals on a variety of grounds, which drew national attention,
Knighton was electrocuted on Oct. 30, 1984.
"Song of a Man Coming Through" was written by one of Knighton's appellate
attorneys, Joe Morris Doss, and his son, Andrew Doss. Having earned his law
degree, the elder Doss later became an Episcopal priest. A significant part of
his ministry has centered of efforts to end the death penalty. While a member
of the clergy, he was entreated to serve as a co-counsel through the appeals
process by his friend, attorney Julian Murray.
The drama of the play is tense throughout as the pair of lawyers and their
paralegal work through the maddingly tedious process in which a man's life
hangs in the balance. Keeping their eye on the legal ball, ironically, even the
lawyers, at first, tend to depersonalize Knighton. "We're just your lawyers,"
he is repeatedly told. The job is to spare his life, nothing more - not to
befriend him, not to get to know him beyond the facts of the case.
It is as much the struggle of that dehumanization that gives the story its
vitality, as well as its title. Unlike most prison dramas, in which no one is
guilty in the pen, Knighton admits his culpability from the outset. One of the
surest signs of his rehabilitation is that he is a man who wants that guilt
recognized and desires absolution for his crime.
The strongest argument that the play makes - though it failed to persuade the
appellate judges in the 1980s - is to establish with distinct clarity the
arbitrary and capricious nature in which the death penalty was and continues to
be applied in this country. On a larger scale however, it is Knighton's cry to
be recognized as a man who is due the dignity, whatever his crimes, to be seen
as a human person.
Wisely, the script doesn't attempt to turn Knighton into an angel. In Robert
Diago DoQui's performance, however, audiences will find the heart and soul of
the piece. There is an impassioned simplicity presented. As the action goes on
around him, he sits on death row. And sits and sits. Even with death looming,
time is all he has, and it weighs heavily on him. DoQui's performance conveys a
man who has come to a kind of peace, while seeking means of salvaging something
good from his destroyed life. It is a performance that quietly catches the
audience with a shattering impact by the end.
Playing Doss, Mike Harkins captures well the struggle of serving as legal
co-counsel, focusing on the technicalities of saving Knighton's life, which
often prevents him from fulfilling his calling to minister to the man's soul.
It is one of the most empathetic performances I've seen Harkins give.
John Neisler plays the lead lawyer, Murray, with a patrician authority and
commitment to the purity of the law. Initially reluctant to take on the
appeals, not wanting the responsibility of holding Knighton's life in his
hands, Neisler gives Murray the appeal of a modern-day Atticus Finch. His
passion for the case may be muted, at first, but seeing the fire in Neisler's
eyes, we never doubt that it is there.
As the paralegal assisting the 2 lawyers, Cecile Monteyne serves as the bridge
into this legal world for the audience, both as technical guide and
representative of our emotional reaction to the case. She is uncertain of how
close she dare allow herself to get, before the realization of just how
all-encompassing such a struggle can be. Monteyne deeply expresses the
life-changing affects of such an ordeal.
One of the most unexpectedly intriguing characters of the play is an unnamed
fellow inmate played by Lance Nichols. As he provides bits of wisdom for
Knighton, he also offers comic relief at points. As he seems to worm his way
into Knighton's conscience, however, we wonder whether is he the voice of a
devil demanding that Knighton just give up, or that of an angel bucking him up.
Samantha Beaulieu touches the heart as Knighton's wife, struggling to move on
with her life, knowing that even if his sentence is commuted, she'll never see
her husband again.
The behind-the-scenes political maneuverings that affect such cases are well
depicted in the meetings with the original district attorney who prosecuted
Knighton, along with the governor, played with conviction respectively by David
Sellers and Ian Hoch. In a brief scene to show that Knighton received improper
legal representation in his trial, Mark Burton is quite effective as the
overwhelmed public defender who was frustratingly off his game for the capital
case.
As a matter of full disclosure, I note that I consider myself ardently
pro-life, and that includes firm opposition to state-sponsored execution. I can
note, however, a significant failing in the script that those favoring the
death penalty will rush to point out - what about Knighton's victim? The actual
crime is never fully or clearly addressed. The audience only learns of it in
bits and pieces: the botched armed robbery, committed under the influence of
drugs, in which Knighton's intent to kill is questionable, at best. We know
very little, however, of the victim and are left wondering, perhaps, how these
noble lawyers might respond to an encounter with his family?
While the show is talky by its very the nature and has little real action,
director Aimee Hayes has her cast moving in and out of the playing space in the
church sanctuary with purpose. "Song of a Man Coming Through" can, however, use
some sharp editing. While explaining the lengthy appeals process may be
somewhat necessary, the first act gets bogged down in turgid, legal minutiae.
Despite these flaws, Hayes shows that this is a major work that demands
attention. She strikes a particularly delicate balance, delivering the message
of the show without letting it become mere propaganda. Indeed, also without
trivializing that message, there is a strong element of showmanship here.
Framed by choruses of gospel music, the audience is drawn in from the moment it
enters. The final moments of the play bring all the emotions together in a
manner that left me physically trembling. What could be a miserably depressing
evening, instead, becomes a grace-filled and powerfully life-affirming
experience.
(source: nola.com)
****************
1 juror saves Mickelson from death----Jury votes 11-1 in favor of death penalty
for confessed killer
The man convicted of 1st degree murder in the 2007 death and dismemberment of
86-year-old Charles Martin Monday was sentenced to life in prison without
possibility of parole, probation or suspension of sentence.
A Caddo Parish Jury convicted Mickelson of the murder on Oct. 28, and after 2
days of testimony during the sentencing phase, voted to sentence Mickelson to
life in prison on Oct. 30.
When the jury came in with their verdict, they told the Court their verdict was
unanimous, but asked to be polled privately.
Today, acting Caddo Parish District Attorney Dale Cox revealed to NBC6/FOX33's
Jade Cunningham that the jury was not unanimous in their decision, but instead
11 jurors voted in favor of the death penalty, while 1 juror voted for life in
prison.
In Louisiana law, in order to invoke the death penalty, the jury must bring
back a unanimous vote. If even 1 juror votes against the death penalty, the
sentence is life in prison.
Cox said he believes the reason the jury announced a unanimous verdict and
asked to be privately polled was to protect the juror who voted against the
death penalty.
"I can tell you the jurors did that (said their decision was unanimous) was out
of concern for the 1 juror, and I think that is magnanimous and I applaud
that," Cox said.
This was Mickelson's 2nd trial in Martin's death. He was convicted of 1st
degree murder and sentenced to death for the same crime in 2011; but in 2014,
the Louisiana Supreme Court in a split vote threw out that conviction, due to a
technicality during the jury selection process.
Mickelson's attorneys tried several times throughout the trial to get the judge
to declare a mistrial, filing motions with the trial judge, the 2nd Circuit
Court of Appeals and the Louisiana Supreme Court asking that Cox be recused
from the case. All 3 courts denied the motions.
Following the sentencing decision, defense attorneys told NBS6/FOX33 they did
not know whether Mickelson would appeal his conviction.
(source: arklatexhomepage.com)
*******************
Loyola University New Orleans Hosts Sister Helen Prejean
Prejean will deliver a talk, "Dead Man Walking: The Journey Continues," at 7
p.m. on Monday, Nov. 16 in Holy Name of Jesus Church at Loyola, 6363 St.
Charles Ave. The event is free and open to the public. Prejean, a Louisiana
native and member of the Congregation of St. Joseph, will share her continued
work with death row inmates and their victims and highlight perceived problems
of our justice system, particularly the death penalty. Prejean is a regular and
welcome visitor at Loyola New Orleans, where she was awarded an honorary
doctorate in May 2005.
The talk helps to kick off a year-long celebration of LUCAP at Loyola and is
sponsored by the advocacy organization together with Loyola's Office of Mission
and Ministry, University Ministry and University Chaplain. Started in 1975,
LUCAP is a student-initiated, student-led volunteer service and advocacy
organization open to all Loyola students, offering them opportunities for
direct service; reflection on larger, related social justice issues; and
advocacy and organizing through projects in areas such as: rebuilding, hunger
and homelessness, tutoring and mentoring, and environmentalism.
"As the Catholic Church enters its Year of Mercy beginning in Advent, the
United States enters an election year in 2016 and Pope Francis continues to
call for global abolition of the death penalt, Sr. Helen challenges us to talk
about life, death and social justice," said Kurt Bindewald, director of the
Office of Mission and Ministry at Loyola. "We are honored to have Sr. Helen
Prejean as our guest, as we celebrate 40 years of social justice work performed
by Loyola students in the community through the Loyola Community Action
Program."
Prejean's work was documented in her book "Dead Man Walking: An Eyewitness
Account of the Death Penalty," which was made into a major motion film and an
opera. One of the best known voices for the abolition of the death penalty in
the U.S., Prejean also heads a national nonprofit organization, The Ministry
Against the Death Penalty.
"MADP believes the death penalty causes harm to all those affected by it,
including victims' families and prison officers, as well as the condemned and
their families," Prejean states on the organization's website. "We are
committed to promoting compassionate alternatives to the death penalty,
including restorative justice and funding for victims' families. We believe in
the dignity and rights of all persons and recognize that government-sanctioned
killing is a violation of those rights."
Social justice is a key underpinning of a liberal arts Jesuit education at
Loyola, where for more than 40 years, LUCAP has provided volunteer service and
addressed social justice issues in the Greater New Orleans area.
Ongoing projects include work with area nonprofits including Caring Across
Cultures; Cafe con Ingles; Habitat for Humanity; Ozanam Inn; Hunger Relief;
People for Animal Welfare and Service (PAWS); Student Advocates on Mental
Illness (SAMI); Best Buddies and the Uptown Shepherd Center.
On campus, LUCAP also helps to support:
--Students Against Hyper-Incarceration, an advocacy project focused on
addressing the mass incarceration of African-American men in the United States,
and ending the 'school-to-prison pipeline' that perpetuates this unjust
practice;
--Loyola Immigration Advocacy, which works toward comprehensive immigration
reform;
--Green Light, which aims to build gardens in local New Orleans residents'
backyards and help residents to harvest their own produce, and
--Students Seeking Solidarity, a group committed to working for international
peace through justice.
(source: loyno.edu)
OHIO:
Man still fights extradition in 2012 murder
3 years after Kyle Sheppard surrendered to authorities in his native Canada in
the Nov. 2, 2012, murder of his wife in Toledo, he is continuing to fight
extradition to the United States.
Kyle Sheppard, 32, is being held in jail in Montreal on a warrant from Lucas
County charging him with murder in the strangulation of Katie Sheppard, 29, who
was found on the front porch of the couple's Rivard Road home. She was wrapped
in a blanket with a belt around her neck.
Mr. Sheppard fled to Canada the same day then turned himself in to police Nov.
4 in Saguenay, Quebec. He has been in jail ever since.
Jeff Lingo, chief of the criminal division for the Lucas County Prosecutor's
Office, said there is little prosecutors can do until Mr. Sheppard is
extradited to Toledo. Speedy trial rules, which require that a defendant held
in custody be brought to trial within 90 days of his arrest, do not apply when
a defendant flees, Mr. Lingo said.
"This is the 1st extradition from Canada I have been involved with, but we
respect the Canadian system and are awaiting our opportunity to proceed with
the prosecution," he said.
Daniel Brodsky, a Toronto-based defense attorney who represents Mr. Sheppard in
Canada, said that may not happen at least until next summer.
While 2 courts already have ruled against him and ordered his extradition, late
last month, Mr. Sheppard appealed his case to the Court of Appeal of Quebec.
He contends the Minister of Justice should seek "genuine unequivocal
assurances" that the state of Ohio would not seek the death penalty against him
if he is convicted and that he should not be surrendered until the police
investigation in Toledo is finished.
"If the investigation is still ongoing, then Mr. Sheppard must be protected and
remain in Canada until such time as it is done and the requesting state
confirms no death [penalty]," his appeal states. "If there is even a single
possibility that the requesting state might seek the death penalty after the
investigation progresses, then Mr. Sheppard cannot be surrendered."
Mr. Brodsky said both sides will have the opportunity to respond in writing and
then oral arguments will be scheduled in the case.
In Lucas County, Mr. Sheppard was indicted on alternate counts of murder, both
of which carry a possible sentence of 15 years to life in prison. Mr. Lingo
said the case does not qualify for the death penalty, and the prosecutor's
office is not seeking the death penalty.
Mr. Brodsky said his client is in a difficult position. Among rulings handed
down in his case, a judge in 2013 found that statements Mr. Sheppard reportedly
made to Canadian police upon his arrest were inadmissible because the officers
did not give him the opportunity to have a lawyer present and they failed to
keep appropriate notes of their interview.
In the conversation, Mr. Sheppard allegedly said he strangled his wife because
he suspected she was cheating on him.
(source: Toledo Blade)
INDIANA:
Murder exoneree Kwame Ajamu to speak at IU McKinney School of Law
On Friday, Nov. 13, the Indiana University Robert H. McKinney School of Law
Wrongful Conviction Clinic, in conjunction with the Indiana Abolition
Coalition, will host Kwame Ajamu, who was exonerated of murder in February, 12
years after his parole following 28 years in prison for the crime.
Ajamu's story is one of a wrong righted after years of punishment. The exoneree
will speak at 7:15 p.m. in the Wynne Courtroom of the law school's building,
Inlow Hall, 530 W. New York St., on the Indiana University-Purdue University
Indianapolis campus.
At the age of 17, Kwame Ajamu, then known as Ronnie Bridgeman, was sent to
death row from a Cleveland courtroom for the 1975 stabbing and shooting murder
of a money-order salesman. No physical or forensic evidence linked Ajamu, his
brother and a friend to the heinous crime. Rather, the prosecution's case
rested on the testimony of Eddie Vernon, who was 13 when he testified. All 3
were convicted.
Ajamu's death sentence was commuted to life in 1978, when Ohio's death-penalty
statute was declared unconstitutional. He was paroled in 2003 after serving 28
years.
The Ohio Innocence Project agreed to reinvestigate the case after a 2011
magazine article highlighted inconsistencies in Vernon's eyewitness testimony.
In November 2014, Vernon told a judge reviewing the matter that the police gave
him the details of the crime.
In February 2015, Ajamu was declared innocent.
The law school's Wrongful Conviction Clinic, directed by professor Fran Watson,
is a founding member of the Innocence Network. The international group of about
60 organizations is "dedicated to providing pro bono legal and investigative
services to individuals seeking to prove innocence of crimes for which they
have been convicted." The network is also dedicated to policy reforms leading
to the prevention of wrongful convictions.
About 16 to 20 students each year are accepted into the Wrongful Conviction
Clinic program. Their success stories include the 2001 release of Larry Mayes
of Gary, Ind., who was exonerated of rape based on DNA testing that resulted
from the work of Watson and four of her clinic students. In 2008, a federal
court approved a $4.5 million settlement for Mayes, who spent 21 years in
prison on the wrongful conviction.
(source: iupui.edu)
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