Category Archives: Wrongful Convictions

Picking Up Speed…

Some exciting developments to share!!

I invite you to take a look at this The Reporters Inc website. It’s run by a new friend I met this year. Mark Saxenmeyer is CEO of this Minneapolis, Minnesota based nonprofit journalistic production company which focuses on producing independent documentaries dealing with social change and justice.

Mark is currently producing a feature documentary to address wrongful convictions called Guilty Until Proven Innocent. This film examines the topic through highlighting a number of actual cases and will contain interviews with staff members from the Innocence Project of Minnesota along with a handful of Minnesota and Wisconsin exonerees. It will also include information and interviews regarding the Wisconsin Monfils case.

Mark generously asked me to write an article for his website as he moves forward with the documentary. Working with him on the article was fun and gave me insight into the world of editing; an experience that will definitely come in handy as I move forward with publishing my upcoming book, Reclaiming Lives; Pursuing Justice for six innocent men.

Stay tuned…

Connections, Recognition, Opportunity and Highlights…

Each year, the annual Benefit for Innocence Gala for the Innocence Project of Minnesota (IPMN) promises to be better than in previous years. That certainly was the case this time around. On Thursday October 8, 2015, a small group of close friends and family members accompanied me for the fourth year in a row. It was held at The Depot in Minneapolis. The keynote speaker was Erin Moriarty; a CBS Correspondent for the weekly crime series 48 Hours.

Erin was approachable, engaging, and genuinely sincere. What stood out for me was her compassionate stance on a mission she believes has everything to do with exposing real truths about how wrongful convictions occur. In her speech she talked about how her role affords her the chance to effectively help people. In some instances, having depicted wrongful conviction cases in the program has actually helped change the outcome in a positive way after the story has aired. Erin’s overall message was one of personal fulfillment and the provision of hope for those whose stories have yet to be told.

CBS Correspondent Erin Moriary

Keynote Speaker Erin Moriarty 

Erin was involved in a 48 Hours segment that aired on March 29, 2014 called, Last Chance, regarding the wrongful conviction of Damon Thibodeaux. Damon was in prison for sixteen years, fifteen of them on death row for a crime he did not commit. His sentence was carried out at the Angola Prison in Louisiana.

Because of that story, Erin has a direct connection with Attorney Steve Kaplan who is on the Board of Directors for the IPMN and was part of the legal team that worked on Damon’s case for twelve years. During that time Steve was Damon’s legal counsel and mentor and in 2012 when Damon was finally freed from prison, Steve was the one to pick him up at the prison gates. Together the two of them drove back to Minneapolis in Steve’s rental car. Steve had convinced Damon to move away from Louisiana and in with he and his wife until Damon could manage life as a free man.

This amazing display of compassion prompted the IPMN to award Steve with the Never Forgotten award, with Erin there as a witness. Steve, being the humble soul, agreed to accept it only if he didn’t have to give a speech. So when Steve accepted the award, he uttered a quick “thank you” and exited the stage to the sound of deafening applause.

I’m proud to be affiliated with Steve (for three years now). He’s the same attorney representing my friend, Keith Kutska; one of the five innocent men I advocate for in the Monfils case. I have so much respect for Steve; a man that has since shown the same dedicated compassion towards Keith as he did for Damon. Although, now retired, here’s a brief clip on YouTube that highlights the dedication he had for his clients.

Exoneree Damon Thibodeaux with Attorney Steve Kaplan

Exoneree Damon Thibodeaux with Attorney Steve Kaplan. Photo courtesy of the IPMN 

Allison Lee; a new friend, attended the gala with us. Allison’s brother, David, is currently serving a life sentence for murder and has been in prison for twenty-nine years. Allison believes he’s innocent and has become more involved in her brother’s case in the past few years. She contacted me after learning of my letters to David since 2013. She wanted to set up a meeting to discuss his situation. The meeting was held at my house with my associate Johnny Johnson; a retired private investigator. Allison had mentioned she wanted to contact one of the weekly TV series that covers cases like her brother’s so I arranged for her to join us at the gala. She was amazed at the coincidence and excited about the prospect of sharing her brother’s story with Erin Moriarty face to face. She took full advantage of her good fortune that evening. Erin was quite receptive to Allison’s pleas but added that she could not make any promises regarding the possibility of covering David’s case. All that mattered to Allison that evening was this rare opportunity.

Allison Lee, Joan, Clare Martinson, Erin Moriarty and Michael Piaskowski

(L to R) Allison Lee, Joan Treppa, Clare Martinson, Erin Moriarty and exoneree Michael Piaskowski 

Other friends joining us from Wisconsin were; exonerees Mario Victoria Vasquez and Michael Piaskowski and friend and author, John Gaie. My sister, Clare Martinson, also drove from Wisconsin with my niece, Jordan Teague. Other friends in Minneapolis who attended were, Pat and Rosemary Bonnett, Sue Stang and hubby, Jeff Johnson, exoneree Audrey Edmunds, and Dave Anderson. We also met Sascha Matuszak, a multimedia journalist who recently connected with Mario and me and expressed a desire to learn about wrongful convictions. It was fun to reconnect with friends I don’t see often such as Erika Applebaum; former Executive Director of the IPMN, MN exonerees Mike Hansen and Koua Fong Lee and their wonderful families.

Mike,Joan, Jordan,exoneree Mario Vasquez and Clare

Mike and Joan Treppa, Jordan Teague, Mario Victoria Vasquez and Clare Martinson         

Exoneree Mario Vasquez, author John Gaie and exoneree Michael Piaskowski

Exoneree Mario Victoria Vasquez, author John Gaie and exoneree Mike Piaskowski                  

Dave with exoneree Audrey Edmunds

Dave Anderson and exoneree Audrey Edmunds 

Some of you will recall that I met local reporter/attorney Ted Haller from Fox 9 news at last year’s gala and that the story he did earlier this year about our Wisconsin case was up for an award. Although Ted’s story did not win, his sentiments to me included having the ability to help people as a first priority. Ted was emcee at the gala again this year so he took the opportunity in the first few minutes of his speech to mention me by name and to share his aspirations to continue to do stories like mine. He also voiced an appreciation of having people like me on the front lines to create them. It was very touching and Ted’s praise prompted my husband to tell me (again) how very proud he is of me, which was the most amazing moment of the entire evening!

Emcee Ted Haller

Emcee Ted Haller 

Here’s a WCCO Ch. 4 Interview with Erin Moriarty.

Here’s a brief piece of Erin’s speech at the gala.

Here’s a link to more info on the Monfils case, a compilation of related news articles, interviews and recent activities.

Resemblances Are Often ‘Suspect’…

Timothy James McVeigh (April 23, 1968 – June 11, 2001) was a Persian Gulf War veteran and an American terrorist who detonated a truck bomb in front of the Alfred P. Murrah Federal building in Oklahoma City on April 19, 1995. Commonly referred to as the Oklahoma City bombing, the attack killed 168 people and injured over 600. According to the United States Government, it was the deadliest act of terrorism within the United States prior to the 9/11 attacks, and remains the most significant act of domestic terrorism in United States history.From Wikipedia, the free encyclopedia

No words properly describe this egregious act. It’s a tragedy that infuriated an entire nation. Did they find the right perpetrator/s? I believe so. I also believe if you ask anyone in the US you’d get the same answer. The reason we can be sure is because what led to the arrest and eventual convictions was not reliant solely on a single piece of evidence. The investigation went much further and produced tangible proof verifying guilt beyond a reasonable doubt. Imagine this happening for every case.

After the Oklahoma City bombing, an artistic sketch of the bomber appeared on the news. It was shocking to me because of who I thought it looked like. Although there was certainty that the image did not depict this person, it was unsettling. It caused me to consider the implications had this person been in Oklahoma City at that time. Having only delved into the world of wrongful convictions in the past six years, this question haunts me to this day. I do believe the significance of that crime prompted the authorities to make sure they had the right offender but I am all too aware that this is not always the case. Does this mean that getting it right only some of the time is acceptable? Of course not.

I have lost count of how many times I hear people say, “If someone one is arrested, there must be overwhelming evidence to prove they were either involved in the crime or they know something.” I used to believe that too. But I’m more cautious these days. I’ve learned that what causes suspicion can be irrelevant, like innocently walking down the wrong street at the wrong time or wearing the wrong kind of clothing.

Fortunately, through the help of the Innocence Project, DNA testing and other factors, we are seeing less mistakes and a clearer picture of past practices that are flawed. A lack of adequate resources to conduct proper investigations, pressure to make an arrest from both the media and communities, and worst of all, the idea that it is better to convict an innocent person than risk sending a criminal back on the streets has caused a devastating rush to judgement in too many cases. According to the National Registry of Exonerations 33% of the current 1,606 exonerations were caused by mistaken eyewitness identification. In many of those cases this single bit of evidence stood alone as sufficient enough to convict even when other factors surfaced that suggested otherwise.

A good example of what I’m talking about is the story of my friend Jennifer Thompson; a woman who was raped in her apartment in 1984. Jennifer was 100% sure that she had correctly identified her attacker. She was inches from his face during the attack and she had the presence of mind to thoroughly study it. Later, she confidently picked Ronald Cotton out of a series of photos as well as in a physical lineup. She convinced the authorities that he was her attacker. Cotton was the only suspect and his conviction was based solely on Jennifer’s testimony. Later, it turned out not to be him when he was eliminated through DNA testing, which actually pointed to another prison inmate. Unfortunately the wrong man spent eleven years in prison while the guilty man went on to become a serial rapist. He was eventually caught and just happened to be incarcerated in the same prison as Cotton. Not the tidy ending we take comfort in but one that happens more often than we think.

If you look at these photos, you can clearly understand how the mix-up occurred. On the left is Bobby Poole, the actual perpetrator and on the right is Ronald Cotton, the man Jennifer identified. Along with the DNA testing that confirmed Cotton’s innocence, Poole eventually admitted to committing the rape.

Mugshots of Billy Poole and Ronald Cotton

Photo courtesy of www.today.com 

Here are some basic facts about how lineups are typically conducted and how they are changing. The excerpts are taken from the National Institute of Justice, in an article; Making Eyewitness Identification More Reliable by Beth Schuster:

“The most common procedure is the simultaneous lineup in which witnesses use “relative judgement,” meaning they compare lineup photos to each other, rather than to their memory of the offender. This is a problem when the perpetrator is not present in the lineup because often the witness will choose the lineup member who most closely resembles the perpetrator.”

“Sequential lineups, in which witnesses must make a decision about each photograph or member before moving on to the next, prompts them to use “absolute judgement.” In other words, witnesses compare each photograph or person only to their memory of what the offender looked like.”  

As the body of research into simultaneous versus sequential methods continues to grow, some researchers working in the lab discovered that the double-blind sequential method—in which the administrator does not know the identity of the suspect—produced fewer false identifications than the traditional simultaneous method.”

At the time of the bombing in Oklahoma City, my son Jared was in the military. He was a US Marine stationed at Camp Pendleton in San Diego, CA and preparing for a six-month deployment to Okinawa, Japan. When I saw the drawing on TV it looked so much like Jared. In fact when they finally arrested and charged McVeigh and showed his face on the news, I felt the sketch didn’t look like McVeigh at all.

While working on this blog piece, I consulted Jared and sent the sketch to him. He had never seen it before and was stunned at the resemblance to a photo that was taken of him while in the service. He added that it also looked like most of the guys he served with. I shared my concerns about how our life could have been altered had he been in the area of the bombing and possibly charged. He reassured me by saying, “But it didn’t happen.” He is right. It did not. But what percentage of innocents in our current prison population can take comfort in that fact?

I cannot imagine ever feeling comfortable about making a correct identification if asked to do so. This example confirms my concern. I believe that if I was a witness in Oklahoma back then and had to pick one of the photos below to match the sketch, I might have chosen the photo on the left.  What do you think?

                                 Jared                                              Sketch of bomber                                      Timothy McVeigh