Tag Archives: exonerations

A Call to Justice…

We all want to believe that our country has the best judicial system in the world. It gives us a sense of security…a sense that the system is infallible. However, having a best system and an accurate system are two different things. My friend, retired crime scene expert, Johnny Johnson, and I believed in the system for the most part until we became involved in the Monfils case. We found that things weren’t so cut and dried. Aspects like unlawful deals, career snitches as witnesses, fear and intimidation tactics during interrogations, lies by the police to suspects, deceit, and dangerous communications between the police force and DA’s offices have caused a tipping of the scales and an atmosphere of inequality for those most vulnerable in our society.

What I say here is not new nor does it include everyone in the legal arena. For instance, Johnny, having a career in law enforcement could have chosen to deny the obvious in this case. Instead, he courageously acknowledged its degradation and embraced the idea of becoming part of the solution. The Minneapolis law firm we are working with has also seen this case for what it is. In fact, they’ve plenty of experience from working on other cases of wrongful convictions, on a Pro Bono basis.

But how could the majority of us have known to what extent the problem existed until the exoneration doors started opening up allowing throngs of innocent people through after decades of being locked up for crimes they did not commit? When I originally posted this blog in May of 2014 the National Registry of Exonerations reported a total of 1,367 people had been exonerated in this country since 1989. In 2017 that number reached 2,000. Note that these numbers represent only those who’ve been exonerated and doesn’t include the hundreds, even thousands of potentially innocent people in prison whose cases will never be reviewed.

Some say these numbers are not large enough to warrant concern or institute changes in our laws. Is it better to incarcerate someone even if they are not guilty rather than risk allowing the guilty person to go free? In the past I’ve suggested that when you incarcerate the wrong person, the real perpetrator is able to re-offend and is no longer under the radar of the authorities. Whatever your opinion, it’s no longer acceptable or safe to deny that this is a real cause for concern.

Regarding the Monfils case, having witnessed what was mistakenly perceived as a justified end because two important equations were omitted; the idea that people are innocent until proven guilty and, the importance of full and impartial disclosure of all the evidence, is unsettling. Johnny and I believe the scales of justice are skewed which is evident in the few cases we’ve reviewed. Time and again, the same unethical and yes, illegal practices are apparent within the entire legal process, practices that have become acceptable but have no place in the process of determining guilt or innocence. Since when is it okay to have our rights carelessly tossed aside because of inadequate monetary funds or putting political advancement ahead of the duties the authorities are sworn to uphold?

It is too easy to convict without adequate evidence, and too costly and arduous to overturn a questionable conviction? A thought we’ve considered is to form an objective panel of professional experts from all walks of expertise to review convictions before absolute incarceration occurs. We should be above reproach if we persist with the idea that we have the best system in the world. In an age of transparency this should be commonplace and readily accepted.

The objective is threefold; to determine whether justice was served, to determine whether there was adequate reasonable doubt presented and if the sentence is appropriate to the offence. All of these would help to guard against mistaken wrongful convictions, keep innocent families intact, save taxpayers money, and in some cases, save lives!

Catching the most prevalent elements of corruption would be the main goal of this process. It would be deemed an honor to participate on this panel and a highly sought after opportunity. Sadly, in this society, we lack adequate people willing to give back, so a prerequisite for achieving licensure would be to donate 200+ Pro Bono hours per year to serve on this panel with the stipulation of having to disclose total yearly hours. Placement on the panel would depend on past experience and level of expertise. A revolving door of panelists would be enacted on a regular basis to give all appropriate professionals an opportunity to participate.

We are serious about the consideration of this idea. We understand that many details would have to be worked out prior to placement of any such panel. But we believe that as laws regarding wrongful convictions improve, a dialogue must commence about properly enacting them. The most important part of this equation is to initiate major change in the massively flawed process that exists currently.

First Do No Harm…

I draw much of my knowledge and strength from within but I cannot say where I’d be without the teachings and experiences of others who also guide me through this crazy life.

I’ll tell you about the people who’ve taught me some very important lessons about labeling, pointing fingers, and maintaining integrity. Through all of these individuals, I’ve learned a true capacity for empathy, to err on giving the benefit of the doubt, and allowing those who’ve done wrong a shot at redemption. I’ve also learned the most valuable lesson of all; forgiveness.

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John Johnson and Steve Kaplan 

Attorney, Steve Kaplan, and retired crime scene expert, John Johnson, have been lightning rods in my mission to help the wrongfully convicted. They’ve shown more generosity than I’ve ever known a person to possess. These men are compassionate beyond words and despite the many lifelong accomplishments under their belts, they remain humble. They rank high on my list of unsung heroes. Because of them our world is a much better place.

Johnny is a lifelong enforcer of the law. For over thirty years, he’s been dedicated to going after the bad guys. When something’s amiss, you’d better get out of his way so he doesn’t knock you over in an attempt to fix it. When he and I first met, he was retired but still assisting others while always on the lookout for the next opportunity. He’s a believer of the truth and of honoring ones work-related oath. In fact, I was warned early on that he hates liars. He can make you laugh until the tears flow or he can knock your socks off with his stories of bravery.

When Johnny and I had our first conversation about the Wisconsin Monfils case in 2011, he told me that during his career he had seen both good and bad cops and that it had always been his goal to maintain honest integrity. When he picked up on my urgent need for help that day, he stepped up without hesitation. He often shares the irony of having spent his entire career making sure people got locked up to now spending his time trying to get them out! It had never occurred to him that there are innocent people in prison because of his faith in our judicial system. But let’s face it, we must acknowledge that the system is run by humans and that humans make mistakes.

Just over a year ago Steve Kaplan was planning to retire from a long career at Fredrikson&Byron, PA; a very large and respected Minneapolis law firm. He’d spent the better part of his career helping others but he now had plans to scale way back and focus on spending time with his family. He’d just finished working on a very tiring and challenging, but successful death row exoneration case that had lasted over a decade. He was ready to hand pressing legal matters over to more energetic hands. He thought he might dabble in a little legal work after retirement, but the overall idea was to have less stress and more time to relax.

That idea would soon be abandoned after an unscheduled meeting with both Johnny and me in January of 2013. Neither of us realized at the time of this meeting that our two-year search to find an attorney willing to dig in, would end that day with Steve. Upon reviewing what Johnny and I had given him, he agreed the convictions in this case were erroneous at best and needed to be vacated. He promised to look more in-depth at the information Johnny had supplied him with.

Steve did end up retiring. But after close to six weeks, he returned to the firm to work on this case full time. He also recruited a team of legal professionals to help him. Steve agreed the firm would represent one of the five men still in prison and, in the meantime, find additional attorneys for the other four.

Attorneys in Wisconsin soon got on board. Expert witnesses were eventually hired. The overall focus of this team was to put their clients needs first because of their understanding that these men have suffered greatly by enduring a life absent of their families, friends, jobs, and activities they love. The work necessary to bring this case into a courtroom continues. But the five men now have hope because of the many people in both states who believe in them, and fight for their freedom.

None of us have regretted our commitment to pursuing justice for these men. We’ve had our share of disappointments as we navigate the legal challenges but we’ve never lost sight of the effects this tragedy has had on six men and their families. We all feel privileged to be part of this mission.

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Exonerees Koua Fong Lee, Audrey Edmunds, Fred Saecker, Damon Thibodeaux and Mike Piaskowski

This experience has especially taught me the importance of avoiding negative feelings toward the system or toward those who cause its failings. The unexpected benefit to doing this has manifested positive feelings and understanding in all aspects of my life. Largely responsible for those lessons are the very people who live them; the wrongfully convicted. Many of those who are good friends, have figured out how to let go of their anger toward a system that wronged them. They focus on a renewal of relationships with their families and friends. They’ve begun to truly live and love again and they serve as an example to us all.

As in all successful ventures, this one perseveres because of the special people who care enough to get involved and do the hard work necessary to make it happen…in a first do no harm sort of way.

Realities of the Falsely Accused…

Before starting my series on some of the most amazing people on the planet-exonerees, I’d first like to engage you in a little thought analysis.

My page was designed to leave my readers with a sense of things indescribable and a bit unsettling. I’d like you to imagine that you are a caged animal. No one is coming to rescue you from some hellish nightmare so devastating that you’ve become apathetic and devoid of all hope. Think about what affect this might have on your family, your best friends, and your coworkers. Imagine their desperation in wanting it to stop, in wishing for your safety. Then realize that this will never end and that everyone is uncertain about what to do about it because no one outside this immediate circle of people gives a damn.

Imagine something else. Take ten years of your life. Think about all that has happened during that time; weddings, funerals, trips, birthdays, promotions, anything sacred. Now take all of those precious images and wipe the slate clean. Pretend you weren’t there. They never happened. Sorry…you didn’t get to give that best man speech or help Mom when she fell ill. You were not there to help out when your grandchild was born or go to the funeral when your brother died. And guess what, there’s no chance of you getting that time or those experiences back…ever…unless of course… Nope, no such luck.

Then and only then, just maybe, we will have achieved a fraction of a sense of what it might be like to be an innocent person in prison; one who has been locked away for years or for the rest of their natural life. What’s more, many of these people feel forgotten, chastised, and hated by everyone (including fellow prisoners) because of the heinous nature of the crime.

It’s true. These are hardships felt by everyone in prison. But they are especially so for those who’ve done nothing wrong and were sent away anyway. For those mistakenly targeted, this nightmare has become their reality.

I’ve tried, but I’ve not reached the depth of that pit yet. I said as much one time to my good friend, Damon Thibodeaux (300th DNA exoneree, 2012), who spent fifteen years on death row. His reply to me was, “I hope that you never do know how that feels because that will mean you didn’t have to go through what I did. And that is a good thing”.

The compassion and love for life that I see in every exoneree I’ve met, has caused me to take a hard look at everything precious in my life. I am forever enriched because of the courage and determination these people possess. I hope that you thoroughly enjoy learning a little about these folks as I highlight a few of their stories.