Wrongful Conviction

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#051 Jason Flom with Malcolm Alexander Apr 02, 2018

Show notes

Malcolm Alexander was wrongfully convicted for a 1979 rape in Gretna, LA and spent nearly four decades incarcerated before DNA evidence proved his innocence. In February 1980, police arrested 20-year-old Malcolm Alexander after a white woman accused him of sexually assaulting her. Malcolm, who is black, told police that the sex occurred after he gave the woman money and that it was consensual. This encounter, which was uncorroborated and later dropped, prompted police to place Malcolm’s photo in an array that was shown to the 1979 rape victim over four months after she was attacked at gunpoint by a complete stranger. The assailant was behind the victim for the entirety of the crime, and her opportunity to view him was extremely limited. According to police reports, the victim “tentatively” selected Malcolm Alexander’s photo. Yet, police conducted a physical line-up three days later that included Malcolm, who was the only person from the photo array who was shown again to the victim in the physical line-up. Again, the victim made a “possible” identification and the word “tentative” was written next to Malcolm’s line-up number. However, when the original detective returned later that day to record a statement from the victim, the victim’s confidence was recorded as 98% sure that Malcolm Alexander was the assailant. He was arrested and charged with aggravated rape and he went to trial on November 5, 1980. The entire trial—from selection of the jury until the jury’s guilty verdict—lasted one day, and he was sentenced to life in prison without the possibility of parole. Malcolm’s paid attorney, who was subsequently disbarred, failed to make court appearances and to file important pleadings, including a motion challenging the identification. The Innocence Project first took up Malcolm Alexander’s case in 1996 but quickly learned that the rape kit and a semen-stained towel had been destroyed only four years after his conviction. In 2013, new hair evidence recovered from the crime scene was found at the Jefferson Parish Sheriff’s Office Crime Lab. The tests showed that all three hairs came from the same person, and Malcolm Alexander was excluded as the source of the hairs. On January 30, 2018, absolved of the crime thanks to DNA evidence, Malcolm Alexander walked free from the Louisiana State Penitentiary at Angola after serving 38 years. He is joined by his son Malcolm Jr. and Innocence Project's Director of Post-Conviction Litigation, Vanessa Potkin, in this episode.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

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#050 Jason Flom with Ronald Cotton Mar 26, 2018

Show notes

In July 1984, an assailant broke into Jennifer Thompson-Cannino’s apartment and sexually assaulted her; later that night, the assailant broke into another apartment and sexually assaulted a second woman. Jennifer Thompson-Cannino, then a 22-year-old college student, made every effort to study the perpetrator’s face while he was assaulting her. Ms. Thompson-Cannino first chose Ronald Cotton as her attacker in a photo lineup. Soon after, she chose him again in a live lineup – she was 100% sure she had the right man. In January 1985, Ronald Cotton was convicted by a jury of one count of rape and one count of burglary. In a second trial, in November 1987, Ronald was convicted of both rapes and two counts of burglary. He was sentenced to life in prison plus fifty-four years. Ronald was unsuccessful overturning his conviction in several appeals, but in the spring of 1995, his case was given a major break: the Burlington Police Department turned over all evidence, which included the assailant’s semen for DNA testing, to the defense. When the DNA test results were reported in May 1995, the district attorney and the defense motioned to dismiss all charges. On June 30, 1995, Ronald Cotton was officially cleared of all charges and released from prison after serving over 10 years. In July 1995, the governor of North Carolina officially pardoned him. Jennifer Thompson-Cannino and Ronald Cotton met for the first time after his exoneration and immediately became good friends. They appear together on *Wrongful Conviction *and travel around the country working to spread the word about wrongful convictions and reforms – especially for eyewitness identification procedures – that can prevent future injustice.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

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#049 Jason Flom with Leroy Harris Mar 19, 2018

Show notes

From the moment he was charged with rape and robbery in 1989, Leroy Harris has insisted on his innocence. In May 1983, a New Haven, CT nightclub owner was robbed at gunpoint by three young men late one night. The men stole his car, and later that evening robbed and sexually assaulted two women. Leroy became one of the numerous suspects because he was misidentified. He was tried in April 1989, six years after the crimes were committed. Despite the fact that not a single eyewitness identified Leroy as being involved in the crimes prior to the trial, all four witnesses—the two assault victims, nightclub owner, and nightclub owner’s girlfriend—positively identified Leroy for the first time in court. He was convicted of three counts of robbery and one count of sexual assault in the first degree and sentenced to 80 years in prison. Even after his conviction, he fought the verdict through five appeals. Leroy finally got the Innocence Project of New York working on his case in 2012. The Innocence Project had the Connecticut forensic lab test new DNA evidence which excluded Leroy from the male DNA on the inside of one victim’s blouse. The sexual assault charge against Leroy was dismissed, but in order to be released, Leroy Harris agreed to enter “Alford” pleas to the remaining charges in exchange for his freedom. He spent almost 30 years in prison in Connecticut.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

See omnystudio.com/listener for privacy information.

#048 Jason Flom with Jimmie Gardner Mar 12, 2018

Show notes

Jimmie C. Gardner was a Charleston minor league baseball player when he was accused of sexual assault in 1987. He grew up in Tampa, FL and was drafted by the Chicago Cubs just after high school graduation, playing with them in the minor leagues for four seasons. In 1990, while working towards his business degree, Jimmie Gardner was arrested and charged with robbing and raping a woman and physically assaulting her and her mother at a home in Kanawha City. Despite always maintaining his innocence, Jimmie was put on trial and prosecutors used West Virginia State Trooper and Chief Serologist Fred Zain as the expert witness. Zain knowingly presented false testimony which resulted in Jimmie’s guilty verdict, and he was convicted of two separate counts of robbery and sexual assault as well as burglary and assault-during-the-commission-of-a-felony and sentenced to 110 years in prison. Jimmie Gardner's case is one of over 140 cases from the late 1970’s through the 1980’s in which the state of West Virginia relied on falsified forensic evidence testimony by Chief Serologist Fred Zain in order to convict. It was not until April 1st, 2016, nearly 3 decades after the Chief Serologist was exposed—when Jimmie C. Gardner’s case was overturned, and he was finally released after serving 26 years in prison. Since his release, Jimmie has become an active motivational speaker and is in the process of establishing the Gardner House, a 48-bed facility dedicated to providing shelter, food and opportunities to people recently released from prison. For more information on how to book Mr. Gardner, visit www.jcgardnerspeaks.com. In this episode, he is joined by his attorney A. Scott Bolden, Managing Partner of Reed Smith, Washington, DC and the Honorable Leslie J. Abrams, United States District Court Judge for the Middle District of Georgia.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

See omnystudio.com/listener for privacy information.

#047 Jason Flom with Jason Strong Mar 05, 2018

Show notes

In December 1999, the body of an unidentified young woman was found beaten to death in a forest preserve near North Chicago in Lake County, IL. Ten days after the body was discovered, Jeremy Tweedy, Jason Johnson and Jason Strong were brought in for questioning after Tweedy mentioned the woman's death to an undercover police officer posing as a prostitute. Police charged 24-year-old Jason Strong with first-degree murder and concealing a homicide and charged Tweedy and Johnson with concealing a homicide. Officers furnished a narrative about the circumstances of the victim's death to the two purported "witnesses," Tweedy and Johnson, both of whom agreed to testify against Jason Strong in exchange for lesser prison sentences. On October 18, 2000, Jason Strong was convicted of first-degree murder and sentenced to 46 years in prison.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

See omnystudio.com/listener for privacy information.

#046 Jason Flom with David McCallum Dec 18, 2017

Show notes

David McCallum and Willie Stuckey were both 16 when they were convicted of forcing a 20-year-old man into his Buick Regal at gunpoint in Queens, killing him with a single gunshot to the head, then leaving his body in Bushwick, Brooklyn. After being beaten by police and coerced into confessing, David McCallum and Willie Stuckey gave brief and contradictory confessions, each pinning the homicide on the other. They both recanted the confessions almost immediately and rejected offers to plead guilty in return for prison sentences of 15 years to life. On October 27th, 1986, a jury convicted them both of second-degree murder, first-degree kidnapping, first-degree robbery and criminal use of a weapon, and they were each sentenced to 25 years to life in prison. Stuckey died of a heart attack behind bars 16 years into his sentence in 2001, but David McCallum persevered in trying to clear his name. After exhausting all of his appeals, David’s attorney, Oscar Michelen approached Brooklyn District Attorney’s Conviction Review Unit, and in 2014 District Attorney Ken Thompson's office and the Conviction Review Unit completed their reviews of David’s case, finding that there was no DNA evidence, physical evidence or credible testimony to link David or Stuckey to the abduction or killing of the victim. On October 15, 2014, David McCallum and the late Willie Stuckey’s convictions were thrown out at DA Thompson’s request, and David was freed after serving nearly 30 years behind bars. In this special episode of Wrongful Conviction, David McCallum is joined by Acting Brooklyn District Attorney Eric Gonzalez as well as attorney Oscar Michelen. Promoted by the late District Attorney Ken Thompson in 2014, Eric Gonzalez successfully guided the launch of several of the late DA Ken Thompson’s key initiatives, including the creation of the Conviction Review Unit, which has vacated over 20 unjust convictions to date and has been held up as a national model for other prosecutors’ offices. DA Gonzalez was sworn in as Acting District Attorney in October of 2016 after the passing of DA Thompson.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

See omnystudio.com/listener for privacy information.

#045 Jason Flom with Vanessa Gathers Dec 11, 2017

Show notes

In 1998, Vanessa Gathers was wrongfully convicted of robbing and beating 71-year-old Michael Shaw to death. There was no physical evidence linking Vanessa to the crime, and her conviction was based on a false confession extracted from her by notorious New York police detective Louis Scarcella, whose tactics led to the wrongful convictions of more than a dozen people. She is joined by her attorney Lisa Cahill in this episode.

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

See omnystudio.com/listener for privacy information.

#044 Jason Flom with Ronald Simpson-Bey Dec 04, 2017

Show notes

Ronald Simpson-Bey was a jailhouse lawyer who got his conviction reversed for prosecutorial misconduct and subsequently won his freedom after serving 27 years in Michigan prison. In 1986, Ronald was convicted of assault with intent to murder and possession of a firearm and sentenced to 50 years in prison. While in prison he became familiar with the legal system and began assisting other inmates with their appeals as a jailhouse lawyer. Eventually, his work led to his own release twenty-seven years later. Since being freed, Ronald Simpson-Bey has worked tirelessly to advance prison reform efforts, most recently through JustLeadershipUSA, an organization with the ambitious goal to halve the nation’s correctional population by 2030. In this episode, he is joined by Glenn Martin, former President and Founder of JustLeadershipUSA.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

See omnystudio.com/listener for privacy information.

#043 Jason Flom with Michelle Murphy Nov 27, 2017

Show notes

On September 12th, 1994, 17-year-old Michelle Murphy found her 15-week-old son stabbed to death in her kitchen. After being questioned without a parent or guardian present, which was prohibited under Oklahoma law, Michelle falsely confessed to the crime. Her 14-year-old neighbor William Lee testified during the preliminary hearing that he had walked around her house that evening and reportedly saw Michelle with the dead infant but did not report it to the police. Testing of blood at the scene of the crime excluded Michelle Murphy as a suspect, but at trial prosecution falsely implied that it matched Michelle’s blood type. In 1995, she was convicted of murder and sentenced to life in prison without parole. She was forced to give her only living child up for adoption, daughter Michelle. In 2014, the Innocence Project joined Michelle’s defense team and conducted more DNA testing, yielding results that the bloodstains at the crime scene revealed that there was an unidentified male present that night. On September 12th, 2014, Michelle Murphy was declared innocent, after having spent 20 years behind bars.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

See omnystudio.com/listener for privacy information.

#042 Jason Flom with Noura Jackson Nov 20, 2017

Show notes

Noura Jackson was egregiously framed and wrongfully convicted of murdering her mother, Jennifer Jackson, in Memphis, TN in 2005. Amazingly she spent over three years in jail awaiting trial before being sentenced to 20 years and nine months in prison. No physical evidence linked Noura to the murder, and DNA testing not only excluded her as a suspect, but it also suggested that two or three different people were present at the crime scene. The Supreme Court of Tennessee overturned her conviction, unanimously in 2014, and in their 5-0 decision they made strong statements about the misconduct that took place during her trial. The prosecutors threatened to retry Noura, and she was faced with little choice but to accept an Alford Plea in 2015. Noura Jackson was then sent back to prison for 15 months before she was finally released in 2016, after serving 11 years in prison. She is joined by one of her lawyers, Bryce Benjet, Senior Staff Attorney at the Innocence Project, in this episode.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

See omnystudio.com/listener for privacy information.

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