Category Archives: Wrongful Convictions

Wait a Cotton Pickin’ Minute…Pt 2

At this Gala, she expressed her determination to make sure a guilty criminal was securely behind bars. On that terrible night in July of 1984 when an assailant broke into her apartment and raped her, she vowed to do two things; survive this attack, and study his face so closely that there would be no mistaking who he was when it came time to identify him. Having accomplished these tasks, she was assured by the authorities that the man she singled out in a physical lineup was the same man she had also chosen in an earlier photo lineup. She felt proud that she “did it right” and for being proactive about her safety, as well as for other potential victims.

Jennifer Thompson tried to move on. She got married, had children, and tried as best she could to focus on her new life despite persistent recurring nightmares about the attack. It was always Ronald Cotton’s face; the man she had singled out as her assailant who was depicted in these horrible nightmares. Then one day, she received a phone call from the detective who had worked on the case. He told her that there was going to be a new evidentiary hearing for Cotton. Rumor had it that another man Cotton had actually met in the same prison had confessed to committing the crime against her. His name was Bobby Poole. Jennifer was to attend this hearing. She became extremely angered at the nerve of the authorities to question her judgment. “How dare they?” was her response. In tow with how she felt about Cotton and despite the new evidence presented in court, Jennifer was still convinced that is was Cotton who had assaulted her. As a result, he was given an even longer sentence the second time around and was sent back to prison. Jennifer’s unrelenting hate for this man triggered incessant thoughts that he himself be raped and then killed. And the nightmares continued…

Time was not a friend to Jennifer in distancing herself from this terrible event. Emotional healing evaded her. Instead, before things would get better, they would get much worse. Seven years after the hearing, a big news story surfaced as the trial of OJ Simpson was going on. Talk of a new technology called DNA was making news. Ronald Cotton heard about it and contacted the authorities to have his own DNA tested. Bingo! This DNA test ruled him out and pointed the finger at the very man who had earlier confessed; Bobby Poole! Ronald Cotton was exonerated and released. And when Jennifer found out he was being released, she was shocked and overwhelmed with “suffocating and debilitating shame” at the thought of her mistake. She had sent an innocent man to prison…for eleven years!

A new fear engulfed her. Cotton would harbor anger towards her for taking away his freedom for so many years. Jennifer eventually summoned the nerve to ask if Ronald would meet with her at a nearby church. He agreed. And she was able to express her sorrow for what she had put him through. She begged for forgiveness. Ronald told her that he had forgiven her many years ago. They became good friends.

Together, Jennifer and Ronald wrote a book about their experience called, Picking Cotton. They now travel around the country and share their story, capitalizing on the flaws of witness identification. They are involved in the legal reform of police procedures regarding how victims ID an assailant to ensure that these mistakes do not happen in the future.

In her speech, Jennifer stated the healing process began only after Ronald had expressed his forgiveness of her. She still has recurring nightmares but the assailant is now faceless. Her newfound friendship with Ronald and her ability to use this experience as a teaching tool has turned her life around in a positive way. Way to go Jennifer and Ronald! And thank you for your remarkable and courageous inspiration!

Wait a Cotton Pickin’ Minute! Pt 1

On the evening of Thursday, November 6th, 2014, my husband Mike and I attended a Benefit for Innocence Gala in Downtown Minneapolis-the largest fundraiser of the year for the Innocence Project of Minnesota (IPMN). We were excited to be going for the third year in a row. We rounded up the usual friends and off we went. We look forward to the meaningful connections we make with compassionate people, truly supportive of those who’ve been wrongfully convicted. If ever you believe that life has dealt you a bad hand, you must go to one of these events. They take place across the country. We always leave filled with renewed hope and encouragement that we as a society can promote change within our communities. There’s no way to describe the empowerment that comes with being involved with this organization.

This year’s Gala surpassed our expectations in so many ways. We dined with two memorable young men-Oliver and Zachary. These intelligent best friends recently put together an award winning documentary about a historic Minnesota wrongful conviction murder case from 1859. It involved a woman named Anne Bilansky who was charged with murdering her husband. She was put to death despite a lack of credible evidence. The ten-minute documentary is an overview of the case. It addresses the ethics of the death penalty and the major effect it had on litigation regarding this barbaric practice. As my husband and I watched the film days later, we were amazed at the amount of research these young men did and how well they evaluated the case! They are talented and most likely headed for a great career in film. They stated they are already planning their next one. Here’s the link to this amazing documentary.

I also met the emcee for this Gala, Ted Haller. My good friend, Johnny, made the introductions. “Ted is an attorney/journalist who does feature stories for KMSP Fox 9 news here in Minneapolis,” Johnny said. We both were encouraged by Ted’s enthusiasm and concern in regard to the wrongful conviction issue because we were aware of how many in the media shy away from the controversial topic. We had a great conversation and I was thrilled when Ted talked about the prospect of telling Johnny’s and my story. Ted was, at that time, reading the recent 152-page motion filed by the Minneapolis law firm of Fredrikson & Byron, PA in regard to the wrongful convictions of our men in Wisconsin! He was intrigued.

This year I was invited to participate in the VIP reception by Liz Loeb-the new Executive Director of the IPMN. This meant I was among a few given the opportunity to meet the keynote speaker for the evening in a more intimate setting. This was a first for me and quite an honor. Ted generously offered to make the introductions. When Ted uttered my name I was delighted to hear her response, “Joan, I’ve heard all about you!”

She and I found lots of common ground. She’s an exceptional and inspiring person who exudes sincerity and love. So down to earth, her story is fascinating and brings insight to a major pitfall of wrongful convictions; eyewitness identification.

This courageous woman had been a victim of a horrible rape in 1984. She was 100% sure of the identity of her assailant. But there’d be a new twist to her life years later when she learned that DNA had ruled this assailant out…

To be continued…

Discouraging Misguided Perceptions…

Fact: An open mind is a terrible thing to discourage. But this happens frequently in the never ending quest for uniformity. Hence my frustration over how little education or interest is out there about wrongful convictions. Despite constant reminders through exonerations which have become wrinkles within the fabric of our judicial system, acknowledging the scope of their occurrence remains obscure. For many in the legal system, the underlying issue is pride and an inability to admit that mistakes have been made. But just as ignorance creates the potential for more of the same, we are still goaded into traditionalism despite the consequences.

Fact: Bias drives societal standards. But bias permeates society so there’s no getting around this. Therefore I seize every chance to educate and hopefully provoke an objective and diverse viewpoint. During a recent conversation with a local Minneapolis reporter with no knowledge of wrongful convictions or the Innocence Project, I stated my belief that the authorities get it right the majority of the time but that there is plenty of evidence to prove that mistakes do happen. Taking a reasonable stance piqued her interest and she expressed a desire to research the topic further. She stated, “I look forward to hearing more about the Innocence Project and will keep my eyes peeled/eyes open”. I expressed dismay over the unsatisfactory level of reporting the topic currently receives. “These exonerated people are real heroes living among us and we pay so little attention to them,” I had said.

In another encounter I shared this thought, “My determination in bringing awareness to this issue [of wrongful convictions] is due partly to the lack of attention it receives overall because of the perception that it only involves a small majority. I am committed to unveiling the misguidance of that perception”. But to be fair I too was once every bit as ignorant about this topic.

Fact: There have been close to 2,000 exonerations across the US since 1989. A small number of victims in all of that time right? WRONG when you insert into that equation the number of family members, close friends, and acquaintances also severely affected. We cannot count the myriad of cases currently up for review that have not been through the courts yet or the vast number of inmates whose cases may never be re-examined. None of those numbers can be included in the latest findings. Even the National Registry of Exonerations admittedly reports that their list is deficient of the total number of exonerations overall.

Fact: Perceptions can be misleading.This year alone has seen approximately 81 exonerations nationwide with a total of 100 reportedly projected to occur by year’s end according to the Registry. That translates to an average of two per week! Very good news but it also suggests the notion that this problem is much worse than previously thought! I envision that as scientific improvements continue, coupled with additional research into previous flawed practices, like eye witness identification which makes up a high percentage of faulty convictions, this number will increase over time. Encouraging news for the wrongly accused, but discouraging for those of us who place our trust in what we all like to call the best system in the world.