April 27 TEXAS: Dallas district attorney steps up scrutiny of cases where DNA can't prove innocence For 16 wrongly convicted defendants in Dallas County, DNA testing was the key that set them free after years - even decades - in prison. Now, because of the doubt those exonerations raised, Dallas prosecutors are taking an unprecedented look at convictions in which DNA evidence cannot conclusively prove guilt or innocence. And that may lead to a significant departure from the way prosecutors traditionally have responded to claims of innocence by inmates. DNA cases "are the very tiniest tip of a gigantic iceberg of injustice in Texas," said Jeff Blackburn, an Amarillo civil rights attorney who also serves as chief counsel for the Innocence Project of Texas. The decision to pursue non-DNA cases broadens a review of convictions begun a year ago by Dallas County District Attorney Craig Watkins and the Innocence Project of Texas amid a wave of DNA exonerations. Fred Moss, a law professor at Southern Methodist University and a former federal prosecutor, said the effects of Mr. Watkins' work with the nonprofit legal clinic could ripple through courthouses across the state. By letting defense advocates search for misfires in the judicial system, Mr. Moss said, Mr. Watkins has opened a Pandora's box. "And now," he said, "it's 'Oh, my God.' " Other prosecutors, he said, could feel pressure to review old cases, and further revelations could add to public skepticism of the justice system. Dallas County already leads the nation in DNA exonerations. By agreeing to investigate innocence claims in non-DNA cases, Mr. Watkins has enhanced the possibility that exonerations will rise. Mr. Watkins, a career defense lawyer before his election in 2006, said he is convinced that systemic problems he describes as "rampant" in the DNA exonerations provide a valuable road map for further investigations. The number of cases in which untested DNA evidence is available continues to diminish with time. But problems such as faulty identifications, inept defense attorneys or evidence suppression still may be found in non-DNA cases. Soon, Mr. Watkins' year-old conviction integrity unit and the Innocence Project may take on even more non-DNA cases that most prosecutors routinely resist. Some prosecutors balk at what is unfolding in Dallas, John Bradley, the Williamson County district attorney in Georgetown, Texas, said reviews of claims are time-consuming and seldom result in confirmations of innocence. Instead of forming conviction integrity units, he said, district attorneys should teach their prosecutors to scrutinize cases from the start. "I don't mean to minimize the harm to those people" exonerated by DNA, Mr. Bradley said. "[But] I guarantee you a lot more people were killed in drunk-driving accidents and car wrecks and in wars than were falsely imprisoned." Claims of innocence made by prison inmates - without an agreement between the district attorney and the inmates' attorneys - typically have difficulty prevailing. The Texas judicial system does not track the number of post-conviction innocence claims filed. But since the Texas Court of Criminal Appeals first recognized "actual innocence" as a claim in 1994, it has ruled on fewer than 30 contested cases. The Austin court exonerated inmates in five non-DNA cases - each involving victim recantations. Three of those cases were sexual assaults from Dallas County. More cases could find their way before the court as Dallas County prosecutors and the Innocence Project continue their investigations. Their unique partnership originally focused on whether 350 inmate requests for DNA testing were appropriately rejected during the tenure of former District Attorney Bill Hill. Mr. Watkins' prosecutors have reviewed 149 of the defendants' requests for testing that were originally denied, and granted 17. 1 of the 16 exonerations comes from this review, which confirmed the guilt of 2 others. Other cases are still under investigation. More than 20 of the reviewed cases fell into a new category. In these cases, DNA cannot provide an answer - but further investigation might produce new evidence. The DA's office already has agreed that 8 of these cases merit further investigation. The Innocence Project declined to name the eight defendants, saying that is its policy in cases under investigation. Prosecutor Mike Ware, who oversees the conviction integrity unit, said despite the partnership, the DA's office will conduct a separate investigation into whether inmates deserve a new trial. Sometimes, Mr. Ware said, the DA's office might acknowledge that a defendant deserves a new trial because the case was tried unfairly, but still questions his innocence. DNA cleared Clay Chabot in the rape of a murdered Garland woman. Mr. Chabot was convicted mainly on the perjured testimony of his brother-in-law, who DNA tests show was the rapist. Prosecutors agreed to a new trial, but still believe Mr. Chabot was involved in her 1986 shooting death. In another pending case, prosecutors have opposed Ben Spencer's bid for a new trial in a 1987 fatal robbery. But state District Judge Rick Magnis recently ruled that Mr. Spencer actually was innocent of the crime because of problems with eyewitness testimony. The Court of Criminal Appeals, which must rule on Judge Magnis' recommendation, has not rendered a decision. Mr. Blackburn of the Innocence Project said he doesn't think the district attorney's stances on the Spencer and Chabot cases will affect how open prosecutors are to other claims of innocence. While prosecutors are willing to work with the Innocence Project, he said, they are "appropriately skeptical." "Anyone who thinks Dallas County is a Mecca for people who want to get out," Mr. Blackburn said, "is mistaken." Still, Dallas County is developing a very different reputation from the days when many defense attorneys claimed that prosecutors put conviction rates above justice. Dallas County is unlike any other when it comes to listening to inmates' pleas of innocence, especially when DNA testing is available, said Jason Kreag, an attorney for the Innocence Project in New York, another independent nonprofit legal clinic. He noted that the district attorney's office didn't even require a formal DNA test request in this month's exoneration of Thomas Clifford McGowan Jr. "The Dallas district attorney's office has been remarkably responsive and quick to find the evidence, which is often the biggest challenge," Mr. Kreag said. "And that obviously makes Dallas different from many jurisdictions." (source: Dallas Morning News)
[Deathpenalty] death penalty news----TEXAS
Rick Halperin Sun, 27 Apr 2008 20:27:03 -0500 (Central Daylight Time)
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin
- [Deathpenalty] death penalty news----TEXAS Rick Halperin