Another Wrongly Convicted Finally Freed

Pangloss

Council Member
Mar 16, 2007
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To everyone that says sex offenders are "somehow different" and are never wrongly convicted - stick this in your pipe.


Only the most heartless can read this and not feel a chill about how many more might never be found and released.





200th DNA Exoneration - Man Spends 25 Years Behind Bars



by Louise DalyMon Apr 23, 12:49 PM ET



A man who spent 25 years in jail for a rape he didnt commit had his conviction quashed on the basis of new DNA evidence Monday, bringing to 200 the number of cases overturned in similar fashion nationwide since the 1980s.


A judge vacated Jerry Millers conviction on all charges stemming from the 1981 rape of a Chicago businesswoman, after his lawyers and state prosecutors presented genetic evidence that ruled him out as the attacker.


Miller, 48, already is out of jail, having been paroled in March 2006 after serving more than half of his sentence.


Monday's finding means the conviction will be expunged from his record. He now will be removed from a list of convicted sex offenders, and no longer will be required to wear the electronic tag that was a condition of his parole.


Just as importantly, it paves the way for him to seek compensation from the state for his quarter century of incarceration.


Miller was 21 years old and fresh from a stint in the army when he was fingered as the assailant in a brazen attack on a 44-year-old woman in a downtown Chicago garage late one night in September, 1981.


The attacker surprised the woman as she was about to enter her car. He beat, robbed and raped her, and then forced her into the trunk of her car.


With the victim still in the trunk, the assailant tried to drive the vehicle out of the garage, but was forced to flee on foot when confronted by two parking attendants.


DNA testing was not available when Miller was convicted of the attack in the early 1980s and sentenced to 45 years in jail for rape, robbery, and aggravated kidnapping and aggravated battery.


His conviction turned largely on what proved to be flawed eyewitness testimony, which is at fault in many wrongful conviction cases according to the Innocence Project, a non-profit legal clinic that helped to clear his name.


During his two and a half decades behind bars, Miller says he wrote hundreds of letters to lawyers, journalists and others seeking help.


It was one such letter to the Innocence Project that led to a request for the DNA testing that ultimately exposed his case as a miscarriage of justice.


Copyright © 2007 Agence France Presse. All rights reserved. The information contained in the AFP News report may not be published, broadcast, rewritten or redistributed without the prior written authority of Agence France Presse.

Pangloss
 
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Josephine

Electoral Member
Mar 13, 2007
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That's horrible.

That god for DNA testing. Eye-witnesses don't seem to be too reliable, which is why it's so important to have DNA testing and good DNA databank...across the country.

Who said that sex offenders are never convicted? I rememeber saying that child sex offenders (rapists/molesters) aren't wrongfully convicted because I could not find any infomation on those statistics. I agree completely that many many men have been wrongfully convicted of rape and i think that's a horrible horrible crime for a man to be charged and convicted with if he didn't do it. I think the reason child molesters don't get falsely convicted is because their victims are often victims for a long period of time...not a one time deal.
Anyway, horrible story and my heart does go out to this man who had his life and reputation destroyed.
 

Pangloss

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Mar 16, 2007
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Josephine -

In another thread, a couple posters expressed disbelief that the innocent are ever convicted of sex crimes - saying there was something "different" about them.

Kinda left me speechless.

Pangloss
 

Zzarchov

House Member
Aug 28, 2006
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The thing about rape is:
For every person who is sick and degenerate enough to commit such an act, there is another person equally sick and degenerate willing to lie about such an act.
The natural tendancy to turn against the accused because of the horrendous nature of the crime, means alot of people are falsely accused, while a sick individual profits off their own disgusting acts.
I don't have a good solution mind you, just one of those sad things in life.
 

karrie

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Jan 6, 2007
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I think the reason child molesters don't get falsely convicted is because their victims are often victims for a long period of time...not a one time deal.
.

I've seen cases of men wrongfully committed for child molestation. One famous case in the US went to trial, with the father (a minister) accused of repeatedly raping his daughter, impregnating her, and performing a coathanger abortion on her. It was an open and shut case, until someone thought to ask for a physical examination, which proved the girl was a virgin.

She had started seeing a therapist for depression issues, and through a long series of hypnotic regressions, the therapist uncovered those 'memories'. She believed they'd happened. She believed it Josephine. And she's not the first person who has tried to convict men based on those sorts of things.

The malleable nature of memory makes eyewitness recall, and even victim recall, very difficult to trust.
 

tamarin

House Member
Jun 12, 2006
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It has several names but False Memory Syndrome is what it's usually called. In the eighties it was thought by many therapists that depression was often explained by early childhood sexual abuse. So, after prolonged psychoanalysis, therapists often found what they wanted. The approach only cooled after many professionals were taken to court. FMS ruined families and lives across the US and Canada. An article in the Star some years ago stated that all the women in cases it had surveyed were still in treatment.
 

Pangloss

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Mar 16, 2007
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Another reason for wrongful convictions is hysteria. The Martinsville, Saskatchewan case is a really good example. The prosecutors, using interview techniques utterly unsuited for children, were told some stories by a few kids. The prosecutors, in their zeal to uncover the magnitude of the crime, rewarded kids for saying the right things, and gently nudged the others into saying incriminating things about the adults who were the targets of the investigation.

This led to, I think, 16 people getting convicted for the most horrible kinds of ritual/sexual abuse.

Unfortunately, not a scrap of it was true. The children, as they grew up, began to realize what they had done, and went to the people they helped to convict to recant their testimony. The Supreme Court of Canada threw out every single conviction and ordered damages paid to the real victims - the adults who had been falsely accused.

This is not an isolated story.

Pangloss
 
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Vereya

Council Member
Apr 20, 2006
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Tula
Right now I am reading a book about the Salem witch-hunting, and what happened at that time appears very similar to what is going on right now. Only then they hunted for witches, and accepted the most absurd and ridiculous testimonies as true, due to their desire to eliminate "Satan worshippers". And now the most absurd testimonies are accepted as true due to the desire to eliminate "sexual predators". The hardest thing is to tell the difference between the False Memory Syndrome and the real memories. With therapists working like Karrie said, it might turn out that no one will be safe from this kind of accusations.
 

Josephine

Electoral Member
Mar 13, 2007
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Sorry, what I meant was in Canada...I haven't heard of any cases where the child is still a child who came out and accused and the person was convicted. I know some parents accuse their partner of abuse in custody battles, and I know some people grow up and then believe they were abused when they were not, and it's hard to prove those cases either way as all evidence is gone and as I mentioned eye-witness testimony...not the best.

I feel bad for the falsely convicted. But I don't believe that people are out there making false accusations and getting someone convicted out of spite. I think most common, people aren't able to identify their attacker and they are so desperate for a conviction and to feel safe, they point the finger at anyone. That's not a good thing by any means, but I don't they're trying to be malicious. I believe that more women are raped than women who lie about being raped. And I don't believe children lie about being raped or molested, unless someone has messed with their little heads.

But I still can't find any Canadian statistics of the number of those falsely convicted of child molestation or rape.
 

Pangloss

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Josephine:

As I've already posted, the Martinsville. Sask. case was one of several examples of innocent people, falsely accused - by children - who were completely innocent. These people were convicted, went to jail, and were later freed when the children eventually recanted or the physical evidence proved the crime never ever happened. Here's some more:
Wrongfully convicted

Feb. 15, 2007

CBC News

The wrongful convictions of Donald Marshall Jr., David Milgaard and Guy Paul Morin have spotlighted what many call the failure of the Canadian justice system.


On June 8, 2000, then justice minister Anne McLellan announced plans to try to avoid such cases from happening again.
Anne McLellan
Her proposed changes, since enacted in Section 690 of the Criminal Code of Canada, enable the minister of justice to use his or her discretion to respond to persons who believe they have been wrongfully convicted.


According to a Department of Justice release, the amendment also provides for the use of "a special remedy to be used in exceptional circumstances where the Minister feels that there may have been a miscarriage of justice."


But advocates for the wrongly convicted say Section 690 doesn't go far enough, and have called for a fully independent agency to review wrongful conviction claims. Such an agency was created in the U.K. following several well-publicized cases.


Without the requirement for government consent, the U.K. agency has the power to assess, investigate and recommend cases for new trials or judicial review.


The Association in Defence of the Wrongly Convicted lists at least 20 Canadian cases of wrongful convictions. According to the organization, these represent a small percentage of actual numbers of the wrongly convicted in Canada. Members say this belief is underlined by the U.K experience.


Advocates say many convicts who were ultimately exonerated watched their applications languish for years in the federal review board.


They cite the following as examples:

James Driskell
Driskell was found guilty in 1991 of the 1990 murder of Perry Harder in Winnipeg. He was sentenced to life imprisonment.

The RCMP said three hair samples found in Driskell's van were Harder's, and that evidence convicted him. Later test results from Forensic Science Services in the U.K. found none of the hairs belonged to Harder.


Driskell was granted bail in November 2003 while the Justice Department investigated the case.


The inquiry's final report, released Feb. 15, says the jury in Driskell's trial was "seriously misled" on issues including the reliability of a key Crown witness. The report also said the failure of the Crown to disclose information to the defence was "careless indifference."

Romeo Phillion
Phillion was sentenced in 1972 to life imprisonment for the murder of Ottawa firefighter Leopold Roy.

In May 2003 – 30 years into Phillion's sentence – a group of law students from York University announced they would apply to the minister of justice to secure Phillion's exoneration. The group spent four years studying the conviction. In July 2003, Phillion was released on bail.

Thomas Sophonow
On June 8, 2000, Winnipeg police announced DNA evidence cleared Thomas Sophonow in the killing of doughnut shop clerk Barbara Stoppel.

Authorities said they had a new suspect in the 1981 murder for which Sophonow was tried three times and spent nearly four years behind bars.


The Manitoba Court of Appeal acquitted him in 1985.
On Nov. 5, 2001, Manitoba Justice Minister Gord Mackintosh released a report by retired Supreme Court judge Peter Cory with 43 recommendations.


Cory said Sophonow should receive $2.6 million in government compensation (50 per cent from the City of Winnipeg, 40 per cent from the Manitoba government and 10 per cent from the federal government) for his wrongful murder conviction.

David Milgaard
Milgaard was sentenced in 1970 to life imprisonment for the 1969 murder of Saskatoon nursing aide Gail Miller.

Milgaard spent 23 years in prison. The Supreme Court of Canada set aside his conviction in 1992. He was subsequently cleared by DNA evidence five years later.


In 1999, the Saskatchewan government awarded Milgaard $10 million for his wrongful conviction. In the same year, Larry Fisher was found guilty of the rape and stabbing death of Gail Miller.

Donald Marshall Jr.
Marshall was sentenced in 1971 to life imprisonment for the murder of Sandy Seale. He spent 11 years in prison before being acquitted by the Nova Scotia Court of Appeal in 1983.

Guy Paul Morin
Morin was sentenced in 1992 to life imprisonment for the murder of nine-year-old Christine Jessop.

He was exonerated in 1995 by DNA testing.
Simon Marshall
After serving six years in prison for crimes he didn't commit, Simon Marshall of Ste-Foy, Que. received the highest compensation in provincial history.


In December 2006, the Quebec government awarded the 24-year-old $2.3 million in compensation for his wrongful conviction on charges of sexual assault. An inquiry also revealed multiple breaches in police conduct during the investigation that led to his conviction.
In 1997, Marshall was arrested and charged with 15 counts of sexual assault. The mentally handicapped Marshall, who was dubbed the Ste-Foy Rapist, confessed to the crimes, and was released in 2003. Soon after his release, Marshall was arrested on three more counts of sexual assault. Again, he confessed, although DNA tests eventually showed he was not guilty.


Using the same DNA evidence, Quebec City police Chief Daniel L'Anglais found Marshall had not committed the crimes for which he had already served time.


It was later found that DNA evidence first collected in the investigation that led to Marshall's 1997 conviction was never tested.
 

earth_as_one

Time Out
Jan 5, 2006
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How many innocent people have been executed over the years?

Signs Grow of Innocent People Being Executed, Judge Says

[SIZE=-1]By ADAM LIPTAK[/SIZE]


federal judge in Boston said yesterday that there was mounting evidence innocent people were being executed. But he declined to rule the death penalty unconstitutional.

"In the past decade, substantial evidence has emerged to demonstrate that innocent individuals are sentenced to death, and undoubtedly executed, much more often than previously understood," the judge, Mark L. Wolf of Federal District Court in Boston, wrote in a decision allowing a capital case to proceed to trial.

He cited the exonerations of more than 100 people on death row based on DNA and other evidence...

http://www.nytimes.com/2003/08/12/n...&en=68a074149c394948&ei=5007&partner=USERLAND
 

karrie

OogedyBoogedy
Jan 6, 2007
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Sorry, what I meant was in Canada...I haven't heard of any cases where the child is still a child who came out and accused and the person was convicted.
I feel bad for the falsely convicted. But I don't believe that people are out there making false accusations and getting someone convicted out of spite.

And I don't believe children lie about being raped or molested, unless someone has messed with their little heads.

But I still can't find any Canadian statistics of the number of those falsely convicted of child molestation or rape.

Well, I can tell you it happens in Canada. I've seen one case in my home town. But Canadian reporting differs from American, and we don't splash every sensational occurence across the paper.
 

Pangloss

Council Member
Mar 16, 2007
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Well, I can tell you it happens in Canada. I've seen one case in my home town. But Canadian reporting differs from American, and we don't splash every sensational occurence across the paper.


But we're getting there Karrie, we're getting there. That's one of the big reasons I left broadcasting.

Pangloss
 

Josephine

Electoral Member
Mar 13, 2007
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Thanks for the website Pangloss, I'll check it out!

It always ticks me off when I hear those stories of counsellors or therapists who mess with the kids head and gets them to tell these stories that never happened! I feel bad for those adults who cared for the kids who then get accused, and for those kids who don't really understand what's going on. I'm glad they came forward later and were able to explain the truth. That's never a good situation.

Pangloss, I understand that people were falsely convicted in the Martinville, Sask case, and like I said above, those kids were manipulated, but at least they came forward later. Those counsellors should see some reprocussions for their actions there! The others you had listed were convicted of murder though. I'm not trying to cause **** here, believe me, I'll check out that website and hopefully they'll have some real Canadian statistics on those falsely convicted of child rape or molestation.

Thanks for the info!
 

tamarin

House Member
Jun 12, 2006
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False accusations do tarnish the process. It's important when these are discovered that every means judicially possible is employed to punish the scofflaws. The problem is they're often kids.
 

Pangloss

Council Member
Mar 16, 2007
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False accusations do tarnish the process. It's important when these are discovered that every means judicially possible is employed to punish the scofflaws. The problem is they're often kids.

Sure - often kids. From what I have read, and granted it is not an exhaustive survey, the problem mostly lies with prejudiced police, lazy crown prosecutors and lousy defense counsel. The kids frequently have no idea how they are being manipulated.

Pangloss
 

Josephine

Electoral Member
Mar 13, 2007
213
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False accusations do tarnish the process. It's important when these are discovered that every means judicially possible is employed to punish the scofflaws. The problem is they're often kids.
Maybe kids, but I'm willing to bet that they were told to say something happened when it didn't. I don't believe that kids just "make this up". I think they're pushed into saying stuff, and unfortunately they can begin to believe it. Children are very easily manipulated and are always eager to please those around them. Some people use that to their advantage. I think some of the professionals are so eager to put away perverts, they do horrible things sometimes and put away the wrong ones and innocent people...very sad.