Showing posts with label Wrongful Convictions. Show all posts
Showing posts with label Wrongful Convictions. Show all posts

Thursday, October 16, 2008

Your Black News: YBW Speaks To Nancy Lockhart On The Case Of Jamie & Gladys Scott

Interview with Legal Representative, Nancy Lockhart, by Tolu Olorunda.

If “innocence until proven guilty” were the law of the land, Jamie and Gladys Scott would be free human beings walking the face of the planet. Unfortunately, the cases of Mumia Abu Jamal, Troy Davis and Jamil Abdullah Al-Amin have taught us otherwise. The Scott sisters were convicted of double armed robbery in 1994, but contend their innocence till this very day. Despite sworn affidavits and testimonies of police coercion/intimidation/threats, Jamie and Gladys remain a statistic in the prison industrial complex. Having been denied all appeal requests, the Scott sisters have undergone moments of helplessness and hopelessness. Thankfully, before long, that feeling of despondency was replaced with a glimmer of hope. The instrument of hope, in this case, came in the personage of Nancy Lockhart. Lockhart is a legal analyst, and a graduate of Loyola University. She has, over the past few years, dedicated her life and service to the case of the Scott sisters. With the level of altruism Ms. Lockhart displays, it’s no wonder Jamie and Gladys have something to be thankful for. I recently spoke with Ms. Lockhart on the case of the Scott sisters, and what the path toward justice would entail:

Thanks for joining us, Nancy. Can you start by granting some perspective on the case of Jamie and Gladys Scott?

Well, the Jamie and Gladys Scott case is about two sisters, who were charged, in 1993, with two counts of armed robbery – which carries a double life sentence. There’s sworn and signed notarized affidavits which states that Jamie and Gladys had absolutely nothing to do with the robbery. The affidavit says that the “Patrick Men,” are the real robbers who robbed the two victims, held a shotgun to them and took their wallets. The jury did not hear that testimony initially. This affidavit was given about 4 years later, by Mr. Christopher Patrick, and he stated that he was coerced and threatened into signing his first testimony against the Scott sisters. Both sisters had appeals, which were denied. The appeal is so far from the truth of what happened in the court transcript of the trial. For instance, the appeal says that the Scott sisters held the gun to the victims, but that is not in the transcript.

In your years of working toward justice for Jamie and Gladys, what kind of media coverage have you been offered?

There has not been any media coverage. I found out about this case, as a paralegal, by working with Rainbow/PUSH coalition. I pretty much got a letter from the Scott sisters, saying that she was simply writing for help with her daughters. When Rainbow/PUSH was unable to handle the case, I continued with case, and began searching for an attorney. What I realized quickly was that the cheapest attorney I could find was about $250,000. I’m doing this voluntarily, because their mother doesn’t have the money to afford a lawyer, and their father died of a heart attack, as a result of the burden this case brought. So after two years, I realized that we needed to change the strategy and work toward gaining some publicity.

Do you have any idea why Rainbow/PUSH declined to pursue the case any further?

I have no idea. I received a letter from Mrs. Roscoe – the sisters’ mother – saying she had written Rainbow/PUSH for eleven years and didn’t get any response. So I just felt that it was only right that I contacted her about it. I called her and told her that I would investigate the case myself, and I had some of my professors at Loyola University look up the case, and they really felt an injustice had been served. Through that, I was encouraged and submitted it to Rainbow/PUSH, but it pretty much fell through the cracks. At this point, we are working to get Amnesty International, ACLU and other justice advocacy groups to help publicize this case.

What is the legal status of the case at this point, and how many appeals are pending for the case of the Scott sisters?

There are no appeals left. There was a post-conviction relief filed, but the Scott sisters were not exonerated. They’ve been imprisoned for 14 years, and come out for parole in 6 years.

Some would argue that since they are due for parole in 6 years; why not work toward that objective – which seems to be more feasible. What is your response to that?

My response is that there is no guarantee that they would receive parole. I look at the Troy Davis case, and that proves my point. In 6 years, if the parole and pardon board says no, we would have to wait out till the next cycle.

What is your next strategy in the fight for justice, on behalf of Jamie and Gladys?

Well, my next strategy is to be in-touch with social justice organizations who will, at least, review the case.

As a legal analyst, what is the possibility that Jamie and Gladys Scott will be eventually exonerated?

I feel that if this case can get the publicity that it so desperately needs, they would be exonerated. I think the world needs to know about this case and what has happened to them. At this point, they are literally dying in a Jail Cell in Mississippi.

You spoke of offering your legal expertise for free. In your assessment, how critical is it for Black Attorneys and legal experts to display the kind of selflessness you exude?

It is a dire need and it is extremely critical. We need more Black Attorneys, private investigators, and investigative journalists. As a former teacher myself, I would hope that Black students are encouraged at a young age, to aspire toward these goals.

How can the general public join you in this fight for justice?

They can email me at thewrongfulconviction@gmail.com. They can also visit our Facebook page, which has been a big blessing in this case. We have been blessed with the generosity of interested activists. One individual is donating a website for Jamie and Gladys, and a programmer would donate his services to program the site.

For more info on the case of Jamie and Gladys Scott, pls. visit:

http://www.mississippi-justice.com/Gladys__Jamie.html

http://www.scribd.com/doc/5974654/The-Wrongful-Conviction-of-Jamie-and-Gladys-Scott

This interview was conducted by Tolu Olorunda, Staff Writer for YourBlackWorld.com

Sunday, August 3, 2008

YBW Exclusive Interview With The Innocence Project

Interview with Human-Rights Organization, The Innocence Project, by Tolu Olorunda.


The Innocence Project is a non-for-profit and a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice. Through its assistance 100s of formerly incarcerated inmates have been exonerated. The Innocence Project is principally focused on the usage of DNA evidence to prove innocence and further chances of exoneration or acquittal. The Innocence Project believes that "DNA testing has been a major factor in changing the criminal justice system. It has provided scientific proof that our system convicts and sentences innocent people — and that wrongful convictions are not isolated or rare events. Most importantly, DNA testing has opened a window into wrongful convictions so that we may study the causes and propose remedies that may minimize the chances that more innocent people are convicted." The Innocence Project is solely funded by personal donations and foundation grants. Like any other non-for-profit organization, its existence is predicated upon the goodwill of citizens, activists and charitable persons. I had the opportunity to speak with a Rep. for the Innocence Project on topics including, its formulation, motivation and the future of the organization:

Thanks for taking the time to speak with us; When precisely was the Innocence Project formulated, and what incident prompted its formulation?

The Innocence Project formally started in 1992 at Cardozo School of Law. Barry Scheck and Peter Neufeld founded the Innocence Project after working on several wrongful conviction cases involving DNA evidence.

The first DNA-related post-conviction case they worked on was that of Marion Coakley, a mentally retarded, African-American man who was convicted of rape in the Bronx in 1985. The conviction was based on an inaccurate identification by the victim and her boyfriend, as well as poor defense counsel that didn’t present key exculpatory evidence, and an improperly conducted criminal investigation.

Scheck and Neufeld had become close friends working for Legal Aid in the Bronx. At the time of Coakley’s case, Neufeld was running a law-school clinic at Cardozo School of Law at Yeshiva University in New York and Scheck was in private practice. Coakley’s case would be the first case where the two lawyers would attempt to have DNA testing done on biological evidence left at the crime scene, in this case a rape kit taken from the victim. At the time, DNA testing was not as sophisticated or advanced as it is now, and the results were inconclusive. Furthermore, the testing consumed all of the evidence, something that is not as much an issue with current techniques. However, Scheck and Neufeld were able to get Coakley’s conviction overturned in 1987 based on other problems with the original trial, and other newly discovered evidence.

[The story of the Coakley case is chronicled in the first chapter of the book Actual Innocence by Barry Scheck, Peter Neufeld, and Jim Dwyer]

The Innocence Project ("IP") was established in 1992 at the Benjamin N. Cardozo School of Law by Scheck and Neufeld and is dedicated to exonerating the innocent through post-conviction DNA testing. Since its inception, 218 people in the United States have been exonerated, including 16 who served time on death row. In the vast majority of these DNA exonerations, the Innocence Project either was the attorney of record or consulted with the defendant's attorneys.

The Innocence Project also pursues reforms in the criminal justice system throughout the country. Based on the causes of wrongful convictions illustrated through DNA exonerations, we advocate in each state to change laws and practices to prevent wrongful convictions. Our policy areas include:

• Eyewitness Identification

• DNA Testing Access

• Forensic Oversight

• Evidence Preservation

• Innocence Commissions

• Exoneree Compensation

• False Confessions

Our website, under “Know the Causes” and “Fix the System,” contains more details about the problems that lead to wrongful convictions and remedies that can prevent future injustice.

How does the Innocence Project get involved with a particular inmate, and what precedes the involvement?

The Innocence Project has a very specific mandate: we accept post-conviction cases where DNA testing can yield conclusive proof of innocence. The Innocence Project does not require evidence to be found before we accept a case. In 2007, we received about 250 new requests each month.

Prisoners who would like their case to be considered must write to us with a brief factual summary of their case and a list of evidence that was used against them. In 2007 we received over 3,000 letters requesting legal assistance. Our staff evaluates each request and conducts additional research as needed. Currently, we have over 8,000 cases in evaluation.

Can you describe the laborious process it takes before the exonerating of Innocent inmates is accomplished?

The Innocence Project faces numerous hurdles in litigating cases. These hurdles include time-consuming and painstaking efforts to find evidence; degraded evidence that cannot be accurately tested; lost or destroyed evidence; and prosecutorial objections leading to lengthy litigation.

The amount of time from when we take a case until exoneration can vary from as little as nine months to up to 15 years. Cases take longer when prosecutors refuse to agree to DNA testing that can confirm guilt or prove innocence. Right now, we have an unsettled case that has been going on for over 12 years because the prosecutor refused to allow DNA testing. We were in court for years fighting just for the right to conduct testing, which was finally granted by the state Supreme Court.

The Innocence Project is incredibly tenacious in trying to find evidence that can be subjected to DNA testing. We have had cases where we were told that there was no evidence, that everything had been lost or destroyed, only to find after continuing to press the issue that not only did it still exist but it was where it was supposed to have been in the first place. Sometimes the search can take years. If we eventually determine that the evidence simply no longer exists, we usually have to close the case. We don’t want to do that, so we search really hard for a long time before we make that decision.

Once evidence is located, we work with prosecutors or courts in each case to make sure the highest-quality labs are used for DNA testing. Sometimes, multiple rounds of testing have to be conducted on different pieces of evidence. In some cases, even after DNA test results show that our client is innocent, prosecutors dispute whether the test results really prove innocence, and we are forced into litigation for months or years.

How many formerly incarcerated inmates have - up until this moment - had their sentences overturned with the help of the Innocence project?

There have been 218 people exonerated by DNA testing in the U.S. In the vast majority of these cases, the Innocence Project was either the primary attorney or consulted on the case.

Can you share some stories of those who have been rescued by the Innocence Project, and their life after incarceration?

Please see our website, www.innocenceproject.org. Click on “Know the Cases.” You can use any text of photos from that area of the website, provided you credit the Innocence Project and link to our website.

In what states has the Innocence Project been primarily focused, and are there any plans for expansion?

The Innocence Project is a national organization. We take cases from all 50 states and we conduct policy reform work throughout the country.

Due to our groundbreaking use of DNA technology, the Innocence Project has helped inspire the establishment of many other organizations dedicated to innocence work throughout the nation.

To see a list of similar organizations, please see http://www.innocenceproject.org/about/Other-Projects.php. The Innocence Project is also a founding member of the Innocence Network, an affiliation of more than 40 organizations doing this work in the U.S. and around the world. (Many of these are the same groups at the link above, but Network membership requires organizations to meet certain standards and have a strong structure in place). To learn more about the Innocence Network – and for a list of members – go to www.InnocenceNetwork.org.

Does the Innocence Project offer up any legal assistance and social services to aid the newly freed in their attempt to adjust to the new society?

The Innocence Project now has two social workers on staff to help exonerees with this transition and help them rebuild their lives. Most innocent people released from prison struggle to find jobs and pay for health care, to rebuild family relationships, to socialize, and cope with psychological trauma resulting from incarceration. Often simple things like getting an ID card or a bank account are huge hurdles because after years locked away from society, exonerees have no record of who they are.

Every exoneree’s experience is different. Some have gone on to build successful careers and start families after being exonerated. Some struggle for years to readjust to society and rebuild their lives. Some were educated and had a good job when they went to prison but it’s not as simple as picking up where they left off – they may face stigma from serving time in prison, and they may struggle with psychological trauma and difficulty adjusting socially. If they went into prison when they were young and if they had little education or job experience, they may come out of prison way behind and struggle to find work.

How is the Innocence Project funded?

The Innocence Project is a 501 c3 non-profit. Half of the Innocence Project’s budget comes from individual donors. Another large portion of the budget comes from foundations.

What is the contact info for the Innocence Project; and what can the everyday citizen do to assist the moral struggle of freeing the wrongfully-imprisoned?

Innocence Project

100 Fifth Avenue, 3rd Floor

New York, NY 10011

info@innocenceproject.org

212.364.5340

www.innocenceproject.org

People can become active in their communities to help exonerate the innocent and reform the criminal justice system. Please see “10 Things Anyone Can Do To Help Exonerate Innocent People and Prevent Wrongful Convictions” at http://www.innocenceproject.org/fix/What-can-I-do.php

People can also donate to the Innocence Project.

Their donation will help:

* Pay for DNA testing;

* Increase legal services;

* Support reform initiatives to address the causes of wrongful convictions;

* Evaluate the overwhelming number of requests that we receive.

Please see http://www.innocenceproject.org/donate/

Watch an interview with a former incarcerated inmate, Alan Newton, who was exonerated through the services of The Innocence Project:

This interview was conducted by Tolu Olorunda, Staff Writer for YourBlackWorld.com