Smoke But No Fire


Book Description

2020 Foreword INDIES Book of the Year Awards Winner, Silver (Political and Social Sciences) Winner of the Montaigne Medal, awarded to "the most thought-provoking books" The first book to explore a shocking yet all-too-common type of wrongful conviction—one that locks away innocent people for crimes that never actually happened. Rodricus Crawford was convicted and sentenced to die for the murder by suffocation of his beautiful baby boy. After years on death row, evidence confirmed what Crawford had claimed all along: he was innocent, and his son had died from an undiagnosed illness. Crawford is not alone. A full one-third of all known exonerations stem from no-crime wrongful convictions. The first book to explore this common but previously undocumented type of wrongful conviction, Smoke but No Fire tells the heartbreaking stories of innocent people convicted of crimes that simply never happened. A suicide is mislabeled a homicide. An accidental fire is mislabeled an arson. Corrupt police plant drugs on an innocent suspect. A false allegation of assault is invented to resolve a custody dispute. With this book, former New York City public defender Jessica S. Henry sheds essential light on a deeply flawed criminal justice system that allows—even encourages—these convictions to regularly occur. Smoke but No Fire promises to be eye-opening reading for legal professionals, students, activists, and the general public alike as it grapples with the chilling reality that far too many innocent people spend real years behind bars for fictional crimes.




Anatomy of Injustice


Book Description

From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.




The Wrong Carlos


Book Description

In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLunaÕs conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLunaÕs defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a ÒphantomÓ of DeLunaÕs imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist. The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and HernandezÕs violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history. The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.




Good Kids, Bad City


Book Description

From award-winning investigative journalist Kyle Swenson, Good Kids, Bad City is the true story of the longest wrongful imprisonment in the United States to end in exoneration, and a critical social and political history of Cleveland, the city that convicted them. In the early 1970s, three African-American men—Wiley Bridgeman, Kwame Ajamu, and Rickey Jackson—were accused and convicted of the brutal robbery and murder of a man outside of a convenience store in Cleveland, Ohio. The prosecution’s case, which resulted in a combined 106 years in prison for the three men, rested on the more-than-questionable testimony of a pre-teen, Ed Vernon. The actual murderer was never found. Almost four decades later, Vernon recanted his testimony, and Wiley, Kwame, and Rickey were released. But while their exoneration may have ended one of American history’s most disgraceful miscarriages of justice, the corruption and decay of the city responsible for their imprisonment remain on trial. Interweaving the dramatic details of the case with Cleveland’s history—one that, to this day, is fraught with systemic discrimination and racial tension—Swenson reveals how this outrage occurred and why. Good Kids, Bad City is a work of astonishing empathy and insight: an immersive exploration of race in America, the struggling Midwest, and how lost lives can be recovered.




Convicting the Innocent


Book Description

On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.




Murder, Wrongful Conviction and the Law


Book Description

This collection brings together international experts to present a comparative analysis of wrongful conviction and criminal procedure. The volume takes an interdisciplinary approach with authors drawn from a broad range of backgrounds including law, psychology, forensics and journalism. All are experts in their field with direct experience of the investigation of wrongful conviction in their own countries. Focusing on the main areas of concern in their own jurisdiction, each author discusses common themes, including: the extent of the problem; the types of cases that feature in miscarriages of justice; the legal mechanism for the correction of a wrongful conviction; compensation for the wrongly convicted; public awareness and concern about the issue generally and in light of highprofile cases; and the extent to which wrongful conviction has driven criminal justice reform. The book will be essential reading for students, researchers and policy-makers interested in comparative law, criminology and psychology.




Levon and Kennedy


Book Description

Two African American men from poor, rural Mississippi wrongfully convicted for crimes they didn't commit. Lost years of their lives spent in jail and finally released a decade a half later thanks to the Innocence Project and DNA testing. This is their life for all to see. In the early 1990s in a small disadvantaged community in rural Mississippi, Levon Brooks and Kennedy Brewer were wrongfully convicted in separate trials of capital murder. Brooks, despite an alibi, was sentenced to life and was imprisoned for 18 years. A few years later Brewer was convicted and sentenced to death. He was incarcerated for 15. In 2008 the Innocence Project in New York exonerated both men. Vanessa Potkin, longtime attorney at the Innocence Project, along with co-founder of the Innocence Project, Peter Neufeld, spent years investigating the two cases, and discovered a link between them that subsequent DNA testing substantiated. The results of that testing led authorities to the real perpetrator who was responsible for both murders and then to the exonerations of Brooks and Brewer. Without the work of the Innocence Project, Potkin, Neufeld, and a host of others, these photographs-of lives lost, forgotten, and then regained-would not have been possible. The photographs' poignance is made all the more powerful as one contemplates their stark, deeply felt beauty against the haunting realization that they were almost never able to be made or seen at all. The evidence against Brooks and Brewer consisted primarily of bite mark matching evidence. A prosecution expert testified that in both cases multiple bite marks covered the victims' bodies and matched the defendants' teeth impressions. A group of experts retained by the Innocence Project later determined that the marks were not bite marks at all. As a forensic discipline, bite mark matching has come under serious criticism in recent years and led to the exoneration of multiple other prisoners. This same prosecution expert testified not only in Brooks's and Brewer's cases, but a host of others in Mississippi and the region. The extent of the damage is still unknown. In 2012, photographer Isabelle Armand came across an article about these two cases. Such a scenario seemed unbelievable. How, why, and where could this happen? How does one cope with wrongful conviction? For the next five years, she spent several weeks each year documenting Brooks, Brewer, their families and their environment. This intimate photographic essay, akin to looking in a mirror, puts faces on the victims of wrongful convictions. It seeks to raise consciousness, challenge popular perceptions about poverty and inequality in our criminal justice system, and demands that we confront these critical issues.




Postconviction DNA Testing


Book Description

"A report from National Commission on the Future of DNA Evidence"--Cover.




Getting Life


Book Description

“A devastating and infuriating book, more astonishing than any legal thriller by John Grisham” (The New York Times) about a young father who spent twenty-five years in prison for a crime he did not commit…and his eventual exoneration and return to life as a free man. On August 13, 1986, just one day after his thirty-second birthday, Michael Morton went to work at his usual time. By the end of the day, his wife Christine had been savagely bludgeoned to death in the couple’s bed—and the Williamson County Sherriff’s office in Texas wasted no time in pinning her murder on Michael, despite an absolute lack of physical evidence. Michael was swiftly sentenced to life in prison for a crime he had not committed. He mourned his wife from a prison cell. He lost all contact with their son. Life, as he knew it, was over. Drawing on his recollections, court transcripts, and more than 1,000 pages of personal journals he wrote in prison, Michael recounts the hidden police reports about an unidentified van parked near his house that were never pursued; the bandana with the killer’s DNA on it, that was never introduced in court; the call from a neighboring county reporting the attempted use of his wife’s credit card, which was never followed up on; and ultimately, how he battled his way through the darkness to become a free man once again. “Even for readers who may feel practically jaded about stories of injustice in Texas—even those who followed this case closely in the press—could do themselves a favor by picking up Michael Morton’s new memoir…It is extremely well-written [and] insightful” (The Austin Chronicle). Getting Life is an extraordinary story of unfathomable tragedy, grave injustice, and the strength and courage it takes to find forgiveness.




The Sun Does Shine


Book Description

"A powerful, revealing story of hope, love, justice, and the power of reading by a man who spent thirty years on death row for a crime he didn't commit"--