Miguel Roman 4/02/09

Victor Burnette 4/03/09

Timothy Cole 4/09/09
Johnnie Lindsey 4/24/09
Chaunte Ott 6/05/09
Lawrence McKinney 7/17/09
Robert Lee Stinson 7/27/09
Kenneth Ireland 8/19/09
Joseph Abbitt 9/02/09
James Lee Woodard 9/30/09
Jerry Lee Evans 10/21/09
Michael Marshall 12/14/09
James Bain 12/17/09
Donald Eugene Gates 12/18/09
Freddie Peacock 2/04/10
Ted Bradford 2/11/10
Curtis Jasper Moore 3/24/10
Anthony Caravella 3/25/10
Frank Sterling 4/28/10
Raymond Towler 5/05/10
Douglas Pacyon 6/21/10
Larry Davis 7/14/10
Alan Northrop 7/14/10
Anthony Johnson 9/15/10
Maurice Patterson 10/8/10
Michael Anthony Green 10/20/10

THE INNOCENCE PROJECT IN PRINT

BENJAMIN N. CARDOZO SCHOOL OF LAW, YESHIVA UNIVERSITY VOLUME 6 ISSUE 2 WINTER 2010
 IN THIS ISSUE
FEATURES
BOARD OF DIRECTORS SPEAKING FROM THE HEART...................................................................4
Michelle Adams TRAGEDY IN TEXAS ...................................................................................7
Laura Arnold
IN THEIR OWN WORDS:
Gordon DuGan A CONVERSATION BETWEEN HILARY SWANK
Senator Rodney Ellis
Board Chair
Jason Flom
John Grisham
AND BETTY ANNE WATERS ..........................................................12

DEPARTMENTS
12
Calvin C. Johnson, Jr. LETTER FROM THE EXECUTIVE DIRECTOR..............................................3

Dr. Eric S. Lander EXONERATION NATION ..........................................................................14

Hon. Janet Reno INNOCENCE PROJECT NEWS..................................................................16
Director Emeritus
INNOCENCE BY THE NUMBERS:
Rossana Rosado
PROSECUTORIAL MISCONDUCT...................................................18

15
Matthew Rothman
Stephen Schulte
Board Vice Chair
Bonnie Steingart
Chief Darrel Stephens
Jack Taylor
Board Treasurer

ON THE COVER: EXONEREE FERNANDO BERMUDEZ SPEAKS TO AN ASSEMBLY OF STUDENTS AT ARDSLEY HIGH SCHOOL
IN ARDSLEY, NEW YORK.

PHOTO CREDITS: COVER, ©The Journal News; PAGE 3, www.heatherconley.com; PAGE 7, Ron Heflin/The Dallas Morning News; PAGE 9, Matt
Smith/CNN; PAGE 14 TOP, Derek Gee/The Buffalo News; PAGE 15 SECOND TO BOTTOM, Center on Wrongful Convictions/Jennifer Linzer;
BOTTOM, ©Eric Kayne.

THE NAMES THAT FOLLOW BELOW ARE THOSE OF THE 261 WRONGFULLY CONVICTED PEOPLE WHOM DNA
HELPED EXONERATE, FOLLOWED BY THE YEARS OF THEIR CONVICTION AND EXONERATION.
▲

GARY DOTSON 1979 TO 1989 • DAVID VASQUEZ 1985 TO 1989 • EDWARD GREEN 1990 TO 1990 • BRUCE NELSON 1982 TO 1991 • CHARLES DABBS 1984 TO 1991 • GLEN WOODALL 1987 TO 1992 • JOE JONES 1986 TO
1992 • STEVEN LINSCOTT 1982 TO 1992 • LEONARD CALLACE 1987 TO 1992 • KERRY KOTLER 1982 TO 1992 • WALTER SNYDER 1986 TO 1993 • KIRK BLOODSWORTH 1985 TO 1993 • DWAYNE SCRUGGS 1986 TO 1993 •
MARK D. BRAVO 1990 TO 1994 • DALE BRISON 1990 TO 1994 • GILBERT ALEJANDRO 1990 TO 1994 • FREDERICK DAYE 1984 TO 1994 • EDWARD HONAKER 1985 TO 1994 • BRIAN PISZCZEK 1991 TO 1994 • RONNIE
 FROM THE EXECUTIVE DIRECTOR 3

A FAMILY OF ADVOCATES
With the recent premiere of “Conviction,” a major motion picture that tells the story of
a wrongful conviction, hundreds of thousands of new audiences have been introduced
to the flaws in the criminal justice system. But the real heart of the story is the bond
between the wrongfully convicted brother and his sister who puts herself through law
school to help prove his innocence. It’s a beautiful movie and an inspiring true story
about Betty Anne Waters, sister of Innocence Project client Kenny Waters, who was
exonerated through DNA testing. (See “In Their Own Words,” page 12, for a Q and A
with Betty Anne Waters and Hilary Swank, the actor who portrays her in the film.)

While Betty Anne’s determination and perseverance to help Kenny was extraordinary,
family members play a vital role in both the exoneration and reintegration of many of
our clients. They are among our greatest allies, often becoming formidable advocates
for criminal justice reform. Their work ranges from local grassroots efforts to national
legal and political battles. This issue of Innocence Project in Print highlights their
contributions to all areas of our work.

See “Speaking from the Heart,” page 4, to read about our Exoneree Speakers’ Bureau,
which includes not only exonerees, but also family members of the exonerated. Exoneree
speakers and their families bring the message of reform to schools, churches, civic groups
and more – often in the very communities where the wrongful conviction occurred.

The fight to prove a loved one’s innocence can also take family members’ advocacy
to the state and national level. As you’ll read in “Tragedy in Texas” on page 7, the case
of Cameron Todd Willingham, who was executed in 2005, has made national headlines.
Willingham was sentenced to death for the arson murder of his three daughters based
on erroneous, outdated science. Tragically, Willingham’s family lost both the three
little children and their father; now they have partnered with us in a new effort to
clear his name.

As family members of the exonerated know, a wrongful conviction can happen to

anyone – even a cherished son, beloved mother, or favorite brother. Likewise, anyone
can help improve the system and prevent injustice. Thanks to the good exposure
we’ve received through “Conviction,” people are becoming aware of the problem
of wrongful convictions more than ever before. And as the word spreads, our family
of advocates grows.

Maddy deLone
Executive Director

BULLOCK 1984 TO 1994 • DAVID SHEPHARD 1984 TO 1995 • TERRY CHALMERS 1987 TO 1995 • RONALD COTTON 1985, 1987 TO 1995 • ROLANDO CRUZ 1985 TO 1995 • ALEJANDRO HERNANDEZ 1985 TO 1995 •
WILLIAM O. HARRIS 1987 TO 1995 • DEWEY DAVIS 1987 TO 1995 • GERALD DAVIS 1986 TO 1995 • WALTER D. SMITH 1986 TO 1996 • VINCENT MOTO 1987 TO 1996 • STEVEN TONEY 1983 TO 1996 • RICHARD JOHNSON
1992 TO 1996 • THOMAS WEBB 1983 TO 1996 • KEVIN GREEN 1980 TO 1996 • VERNEAL JIMERSON 1985 TO 1996 • KENNETH ADAMS 1978 TO 1996 • WILLIE RAINGE 1978, 1987 TO 1996 • DENNIS WILLIAMS 1978,
 4

EXONEREE DENNIS MAHER (RIGHT), SPEAKS AT THE “ART
OF INNOCENCE” EVENT IN UTICA, NEW YORK, WITH MARC
SIMON, AUTHOR AND PRODUCER OF “AFTER INNOCENCE,”
A DOCUMENTARY THAT FEATURED MAHER’S STORY.
SPEAKING FROM
THE HEART
The Exoneree Speakers’ Bureau educates the public about wrongful
convictions from those who know most about the experience –
the exonerated.
“You know how hard it is when you’re in prison to get somebody to listen to you?” asks
Barry Gibbs. He’s speaking to a group of about 50 eighth graders from the Math and
Science Exploratory School in Brooklyn, New York, who have gathered to hear him
tell about his 19 years of wrongful imprisonment for murder. Since his exoneration
in 2005, Gibbs has spoken to many different groups about his case – lawyers, students,
doctors, even mystery writers – and thousands of people have heard his story. During
his imprisonment, Gibbs could only dream of such audiences. Now that he has cleared
his name and been exonerated, he lends his voice to the effort to raise awareness about
the problem of wrongful convictions.
Among this group of eighth graders, there is a notable absence of whispering, note-
passing, gum chewing and other antics. When Gibbs finishes speaking, a dozen hands

1987 TO 1996 • FREDRIC SAECKER 1990 TO 1996 • VICTOR ORTIZ 1984 TO 1996 • TROY WEBB 1989 TO 1996 • TIMOTHY DURHAM 1993 TO 1997• ANTHONY HICKS 1991 TO 1997 • KEITH BROWN 1993 TO 1997 •
MARVIN MITCHELL 1990 TO 1997 • CHESTER BAUER 1983 TO 1997 • DONALD REYNOLDS 1988 TO 1997 • BILLY WARDELL 1988 TO 1997 • BEN SALAZAR 1992 TO 1997 • KEVIN BYRD 1985 TO 1997 • ROBERT MILLER
1988 TO 1998 • PERRY MITCHELL 1984 TO 1998 • RONNIE MAHAN 1986 TO 1998 • DALE MAHAN 1986 TO 1998 • DAVID A. GRAY 1978 TO 1999 • HABIB W. ABDAL 1983 TO 1999 • ANTHONY GRAY 1991 TO 1999 •
 SPEAKING FROM THE HEART 5

shoot up: “What’s prison food like?” “Did you have any friends in jail?” “What do you do
now?” Prison food is terrible, he says. He did have friends in jail, and some were even
innocent. Now, he takes life one day at a time and enjoys his freedom. As the students
file out of the classroom at the end of the period, he leaves them with a simple
message: “You can make a difference.”

A few days later, in Portland, Maine, exoneree Dennis Maher fields a very different
set of questions from a group of attorneys and judges at the “Red Mass,” an annual
celebration of the Catholic Church to bless the state’s judiciary system: “How did you
cope with incarceration when you were innocent?” “What kind of representation did
you have?” “How did you react to the news that you would be exonerated?” Maher, who
began speaking publicly only six weeks after his exoneration in 2003, appreciated the
opportunity to reach this special audience. He reports, “There were Supreme Court
justices from Maine, federal senators, superior court justices, lawyers, six priests, a
bishop and two monsignors.” Maher adds, “A few people cried. I get emotional too.
I’m not the monotone type.”

Eric Wycoff, the attorney who organized the event, agreed. “There were a lot of wet
eyes. Really very moving – that was the universal reaction I heard from folks. This is
the first time we’ve ever had a client speak to us. We’ve had judges, lawyers, a diplomat,
but this is the first time that we’ve ever had someone come that was on the other side
of the attorney-client relationship and that was very positive.”

These two recent speaking engagements exemplify the important work that exoneree
speakers are doing all over the country, from the East Coast, to the Midwest, to Texas
and the South. A diverse array of audiences are interested in hearing their testimonials
– legal and law enforcement organizations, high schools, law schools, religious groups
and civic groups – and they’re inviting exoneree speakers back year after year.

Former Oneida County Bar Association President Larry Golden has hosted six
successful events featuring exoneree speakers. “After each event we had a reception
where audience members had an opportunity to rub elbows with the exoneree and
just make conversation. It’s meeting the exonerees face to face that makes it real for
the audience. I don’t think you ever forget the experience of hearing an exoneree
EXONEREE ALAN NEWTON SPEAKS TO PROFESSIONALS AT THE
tell their story.” D.E. SHAW GROUP, A GLOBAL INVESTMENT AND TECHNOLOGY
DEVELOPMENT FIRM.
Although many audience members will already know about the Innocence Project, and
some will even know that over 250 people have been exonerated through DNA testing,
very few will have ever heard the testimony of an actual exonerated person. It’s the
closest one can ever come to imagining the unimaginable – being wrongfully accused
and convicted.

The relationship is rewarding for both parties – the public who seek a fuller
understanding of the issue, and the exonerees who are driven to share their experiences
of injustice.

JOHN WILLIS 1993 TO 1999 • RON WILLIAMSON 1988 TO 1999 • DENNIS FRITZ 1988 TO 1999 • CALVIN JOHNSON 1983 TO 1999 • JAMES RICHARDSON 1989 TO 1999 • RONALD JONES 1989 TO 1999 • CLYDE CHARLES
1982 TO 1999 • MCKINLEY CROMEDY 1994 TO 1999 • LARRY HOLDREN 1984 TO 2000 • LARRY YOUNGBLOOD 1985 TO 2000 • WILLIE NESMITH 1982 TO 2000 • JAMES O’DONNELL 1998 TO 2000 • FRANK L. SMITH 1986
TO 2000 • HERMAN ATKINS 1988 TO 2000 • NEIL MILLER 1990 TO 2000 • A.B. BUTLER 1983 TO 2000 • ARMAND VILLASANA 1999 TO 2000 • WILLIAM GREGORY 1993 TO 2000 • ERIC SARSFIELD 1987 TO 2000 • JERRY
 6 THE INNOCENCE PROJECT IN PRINT

EXONEREE DEWEY BOZELLA MEETS STUDENTS FROM

QUEENSBOROUGH COMMUNITY COLLEGE IN NEW YORK CITY
AFTER HIS TALK AT THE SCHOOL.

Fernando Bermudez, who was exonerated in 2009, gained public speaking experience
while he was still in prison as the master of ceremonies for prison events. After over
18 years of wrongful incarceration, he knew that he would continue to pursue public
speaking after his release. “I feel it’s a calling,” he says. “I’m promoting social awareness
of the criminal justice system, but I’m also speaking to the human experience. My story
is about believing that you can overcome any obstacle. I want the audience to come
away with that. I want us to learn from each other.”

The Innocence Project works to connect members of the Exoneree Speakers’ Bureau
to audiences nationwide. Not all of the speakers are exonerees, some are family
members and loved ones. Sylvia Bouchard, mother of exoneree Steven Barnes, often
accompanies her son to events in addition to speaking to groups on her own. “Steve
always says that when he was incarcerated the whole family was incarcerated, and that
was true. We went through the motions; we never really enjoyed anything for 20 years.
I think it’s so important to get our story out that this could happen to anyone. Steve
came from a loving home – he was a football player and an altar boy.”

Whether the audience consists of 14-year-old future jurors or superior court justices
with a lifelong commitment to the criminal justice system, anyone can benefit from
hearing the firsthand account of a wrongful conviction. Sometimes, an Innocence
Project staff member is available to speak as well. To learn more about the bureau, or to
request a speaker, see the Exoneree Speakers’ Bureau page under the “About” tab on
our website, www.innocenceproject.org, or call the Innocence Project at 212-364-5965. ▲

WATKINS 1986 TO 2000 • ROY CRINER 1990 TO 2000 • ANTHONY ROBINSON 1987 TO 2000 • CARLOS LAVERNIA 1985 TO 2000 • EARL WASHINGTON 1984 TO 2000 • LESLY JEAN 1982 TO 2001 • DAVID S. POPE 1986
TO 2001 • KENNETH WATERS 1983 TO 2001 • DANNY BROWN 1982 TO 2001 • JEFFREY PIERCE 1986 TO 2001 • JERRY F. TOWNSEND 1980 TO 2001 • CALVIN WASHINGTON 1987 TO 2001 • EDUARDO VELASQUEZ 1988
TO 2001 • CHARLES I. FAIN 1983 TO 2001 • ANTHONY M. GREEN 1988 TO 2001 • JOHN DIXON 1991 TO 2001 • CALVIN OLLINS 1988 TO 2001 • LARRY OLLINS 1988 TO 2001 • MARCELLIUS BRADFORD 1988 TO 2001 •
 7

TRAGEDY
IN TEXAS
For Cameron Todd Willingham, the end came on February 17, 2004.
For the family and loved ones who believe in his innocence, for the
scientists who challenge the forensic evidence used against him and
for the Innocence Project who fights for stronger forensic oversight,
the case is far from closed.
Over six years ago, Willingham was executed by the state of Texas for allegedly setting
a fire that killed his three daughters. Yet four separate independent investigations –
including one commissioned by the Innocence Project – have reported that the arson
evidence used to convict him was unfounded and unscientific. After years of delays,
political interventions and other attempts to conceal the truth, Texas may finally be JOHN BRADLEY, CHAIR OF THE TEXAS FORENSIC SCIENCE
poised to admit that it wrongfully executed Willingham. The case has brought national COMMISSION, FACES ACCUSATIONS THAT HE HAS ATTEMPTED
TO WHITEWASH THE INVESTIGATION OF CAMERON TODD
attention to the need for improvement and oversight of the forensic sciences. WILLINGHAM’S CASE.

OMAR SAUNDERS 1988 TO 2001 • LARRY MAYES 1982 TO 2001 • RICHARD ALEXANDER 1998 TO 2001 • MARK WEBB 1987 TO 2001 • LEONARD MCSHERRY 1988 TO 2001 • ULYSSES R. CHARLES 1984 TO 2001 • BRUCE
GODSCHALK 1987 TO 2002 • RAY KRONE 1992 TO 2002 • HECTOR GONZALEZ 1996 TO 2002 • ALEJANDRO DOMINGUEZ 1990 TO 2002 • CLARK MCMILLAN 1980 TO 2002 • LARRY JOHNSON 1984 TO 2002 • CHRISTOPHER
OCHOA 1989 TO 2002 • VICTOR L. THOMAS 1986 TO 2002 • MARVIN ANDERSON 1982 TO 2002 • EDDIE J. LLOYD 1985 TO 2002 • JIMMY R. BROMGARD 1987 TO 2002 • ALBERT JOHNSON 1992 TO 2002 • SAMUEL SCOTT
 8 THE INNOCENCE PROJECT IN PRINT
“HERE I AM THIS PERSON WHO
NOBODY ON THE OUTSIDE IS EVER
GOING TO KNOW AS A HUMAN,
WHO HAS LOST SO MUCH, BUT
STILL TRYING TO HOLD ON…”
– Cameron Todd Willingham quoted from a
letter to pen pal Elizabeth Gilbert by The
New Yorker, Sept. 7, 2009.
1987 TO 2002 • DOUGLAS ECHOLS 1987 TO 2002 • BERNARD WEBSTER 1983 TO 2002 • DAVID B. SUTHERLIN 1985 TO 2002 • ARVIN MCGEE 1989 TO 2002 • ANTRON MCCRAY 1990 TO 2002 • KEVIN RICHARDSON 1990
TO 2002 • YUSEF SALAAM 1990 TO 2002 • RAYMOND SANTANA 1990 TO 2002 • KOREY WISE 1990 TO 2002 • PAULA GRAY 1978 TO 2002 • RICHARD DANZIGER 1990 TO 2002 • JULIUS RUFFIN 1982 TO 2003 • GENE
BIBBINS 1987 TO 2003 • EDDIE J. LOWERY 1982 TO 2003 • DENNIS MAHER 1984 TO 2003 • MICHAEL MERCER 1992 TO 2003 • PAUL D. KORDONOWY 1990 TO 2003 • DANA HOLLAND 1995 TO 2003 • KENNETH WYNIEMKO
A POSSIBLE POSTHUMOUS EXONERATION
Hoping to resolve a case that has haunted a family and
a state for years, the Innocence Project seeks to clear
Willingham’s name through a “Court of Inquiry” – a
rare legal proceeding available in Texas meant to restore
the reputation of an injured party. If a Court of Inquiry
is called, the presiding judge would have the authority
to declare that Willingham should never have been
convicted. He would not be the first Texan to be
posthumously exonerated, but he would be the first who
had been executed. Tim Cole, who died in prison 10
years before his exoneration through DNA testing, was
also cleared through a Court of Inquiry.
At a hearing in October to determine whether to convene
a Court of Inquiry, renowned fire experts John Lentini
and Gerald Hurst testified about the flawed science.
Lentini told presiding Judge Charlie Baird that the
science used to determine arson in the Willingham case
was considered outdated when Willingham was convicted
and was obsolete by the time of his execution. “A lot of
people believed that back in 1991,” Lentini said. “Now
in 2004, nobody believed that.” Former Attorney General
Mark White, who is also a former Texas governor, represents the Willingham family with
the Innocence Project and the Texas law firm of Goldstein, Goldstein and Hilley.
The District Attorney of Navarro County, where Willingham was convicted, and the
fire investigators involved in the original trial declined to testify at the proceeding.
Instead, the District Attorney asked the Third Court of Appeals to stop the proceeding.
The court issued a stay barring Judge Baird from issuing a decision while it considers
whether or not the proceeding can go forward.
Meanwhile, the Innocence Project continues to press the Texas Forensic Science
Commission to determine whether forensic negligence or misconduct contributed
to Willingham’s conviction and whether the State Fire Marshall’s Office has been
negligent in not reviewing the state’s many other arson convictions that may have
been tainted by faulty forensics. The commission’s investigation, which has suffered
from repeated delays since it began in 2008, is finally back on track and set to hear
from experts on the case in January.
FORENSICS UNDER FIRE
Cameron Todd Willingham might have been exonerated in 2004 if not for
happenstance. Another Texan, Ernest Willis, was also sentenced to death for arson
 TRAGEDY IN TEXAS 9

based on nearly identical forensic evidence. Willis was exonerated (and ultimately
compensated by the state) after forensic expert Gerald Hurst exposed the flaws in
the forensics in his case. In the days leading up to Willingham’s execution, Hurst also
reviewed the forensics in Willingham’s case and determined that nothing about the
evidence indicated arson any more than an accidental fire. The Texas Board of Pardons
and Paroles and Gov. Perry received the report days before the execution but appear to
have done nothing with the information.

Two other investigations followed, one by the Chicago Tribune and one commissioned
by the Innocence Project. Both concurred with Hurst’s report. The five arson experts
of the Innocence Project Arson Review Committee studied video footage of the fire “THIS IS WHAT HE WANTED US
damage, analyzed the trial testimony of the fire investigators and addressed each so-
TO DO. HE WANTED US TO
called arson indicator one by one. Indicators included evidence like “pour patterns”
and “crazed glass.” They wrote: “Each and every one of the indicators relied upon STAND UP FOR HIM.”
have since been scientifically proven to be invalid.”
– Eugenia Willingham as quoted in the
The forensic evidence had already been disproven when the Innocence Project New York Times, October 14, 2010.

submitted the case to the Texas Forensic Science Commission in 2006. The Innocence
Project asked the commission to investigate both Willingham’s and Willis’ cases and to
determine how one man could be executed and the other exonerated based on the
same forensics. The commission, made up of prosecutors, defense attorneys, forensic
scientists and legal analysts, has the unique ability to help ensure that the kind of
outdated forensic analysis that led to Willingham’s wrongful conviction will no longer

OPPOSITE PAGE: CAMERON TODD WILINGHAM ON THE DAY HE

WAS EXECUTED.
LEFT: EUGENIA WILLINGHAM, STEPMOTHER OF CAMERON
TODD, WITH PHOTOS OF HER LOST GRANDCHILDREN AND THE
STEPSON WHO WAS EXECUTED.

1994 TO 2003 • MICHAEL EVANS 1977 TO 2003 • PAUL TERRY 1977 TO 2003 • LONNIE ERBY 1986 TO 2003 • STEVEN AVERY 1985 TO 2003 • CALVIN WILLIS 1982 TO 2003 • NICHOLAS YARRIS 1982 TO 2003 • CALVIN
L. SCOTT 1983 TO 2003 • WILEY FOUNTAIN 1986 TO 2003 • LEO WATERS 1982 TO 2003 • STEPHAN COWANS 1998 TO 2004 • ANTHONY POWELL 1992 TO 2004 • JOSIAH SUTTON 1999 TO 2004 • LAFONSO ROLLINS 1994
TO 2004 • RYAN MATTHEWS 1999 TO 2004 • WILTON DEDGE 1982, 1984 TO 2004 • ARTHUR L. WHITFIELD 1982 TO 2004 • BARRY LAUGHMAN 1988 TO 2004 • CLARENCE HARRISON 1987 TO 2004 • DAVID A. JONES
 10 THE INNOCENCE PROJECT IN PRINT

be accepted in courts and that other arson convictions in the state will be reviewed.
When the commission accepted the case, advocates and scientists nationwide hoped
that it would lead to stronger forensic standards and practices as well as more
accountability in cases where outdated forensic evidence is used. They are still waiting.

“MY AGENDA IS THAT THE
GOVERNOR SHOULD KEEP HIS
HANDS OFF SCIENTIFIC
INVESTIGATIONS.”
– Craig Beyler as quoted in the Dallas
Morning News, October 16, 2009.
A HASTY COVER-UP
Craig Beyler, prominent fire scientist and chairman of the International Association of
Fire Safety Science, was hired by the commission to conduct the Willingham and Willis
investigation. Beyler released his report in August 2009 and was scheduled to present it
to the commission in early October. Echoing the findings of the other arson experts,
he wrote that the fire marshal who investigated the case “seems to be wholly without
any realistic understanding of fires” and that the determination of arson lacked
“rational reasoning.”
Two days before the scheduled presentation, Gov. Perry hastily replaced three
members of the commission, including the chair. The new chair, Williamson County
District Attorney John Bradley, an ally of the governor’s, immediately cancelled
the meeting and Dr. Beyler’s presentation. Since then, Bradley has steered the
commission dangerously off-course, conducting meetings behind closed doors and
making inflammatory statements about Willingham. In a statement that belied the
commissioner’s objectivity, Bradley told the Associated Press: “Willingham is a guilty
monster.”

Bradley created a four-member subcommittee, the “Willingham Investigation Panel,”

to review the case. After months of delays, the commission finally met last summer to
discuss the Investigation Panel’s recommendations for the case. Innocence Project Co-
Director Barry Scheck and Policy Director Stephen Saloom attended the meeting with
members of the Willingham family.

TIME FOR THE TRUTH: A TIMELINE OF THE

DECEMBER 23, 1991 OCTOBER 1992 FEBRUARY 13, 2004 FEBRUARY 17, 2004 MAY 2005 MAY 2006 OCTOBER 2006 AUGUST 2008

A HOUSE FIRE IN CAMERON TODD DR. GERALD HURST WILLINGHAM IS TEXAS STATE LEGISLATURE THE INNOCENCE THE COMMISSION HOLDS THE COMMISSION
CORSICANA, TEXAS, WILLINGHAM IS ISSUES A REPORT TO EXECUTED. PASSES A BILL CREATING PROJECT SENDS THE ITS FIRST MEETING. ANNOUNCES THAT IT
RESULTS IN THE DEATH SENTENCED TO DEATH GOV. RICK PERRY AND THE TEXAS FORENSIC COMMISSION A HAS ACCEPTED THE
OF AMBER, KARMON FOR THE ARSON THE TEXAS BOARD SCIENCE COMMISSION, FORMAL REQUEST TO INNOCENCE PROJECT’S
AND KAMERON MURDER OF HIS THREE OF PARDONS AND AND GOV. PERRY INVESTIGATE THE CASES COMPLAINT AND
WILLINGHAM. YOUNG CHILDREN. PAROLES CITING FAULTY SIGNS IT INTO LAW. OF CAMERON TODD WILL LAUNCH AN
FORENSIC ANALYSIS WILLINGHAM AND INVESTIGATION INTO
IN THE CASE. ERNEST WILLIS. THE WILLINGHAM
CASE.

1995 TO 2004 • BRUCE D. GOODMAN 1986 TO 2004 • DONALD W. GOOD 1984 TO 2004 • DARRYL HUNT 1985 TO 2004 • BRANDON MOON 1988 TO 2005 • DONTE BOOKER 1987 TO 2005 • DENNIS BROWN 1985 TO
2005 • PETER ROSE 1996 TO 2005 • MICHAEL A. WILLIAMS 1981 TO 2005 • HAROLD BUNTIN 1986 TO 2005 • ANTHONY WOODS 1984 TO 2005 • THOMAS DOSWELL 1986 TO 2005 • LUIS DIAZ 1980 TO 2005 • GEORGE
RODRIGUEZ 1987 TO 2005 • ROBERT CLARK 1982 TO 2005 • PHILLIP L. THURMAN 1985 TO 2005 • WILLIE DAVIDSON 1981 TO 2005 • CLARENCE ELKINS 1999 TO 2005 • JOHN KOGUT 1986 TO 2005 • ENTRE N. KARAGE
 TRAGEDY IN TEXAS 11

In an apparent attempt to sweep the case under the rug, Bradley issued a draft report
clearing fire investigators of any negligence or misconduct. However, the commission
voted to reject the draft and continue its investigation. At issue are the more than
600 people incarcerated in Texas whose arson convictions may have been based on
invalid science. The commission plans to renew discussion of the Willingham case on
January 7, when it will finally hear from Beyler. The Innocence Project will attend. As
with all other recent Texas Forensic Science Commission meetings on the Willingham
case, the January meeting will be simulcast and available for viewing live on the
Innocence Project website, www.innocenceproject.org.

WILLINGHAM’S LEGACY
Once again, the commission has the opportunity to live up to its legislative intent and
become a model for other independent science-based entities – both at the state and
national level. One of the Innocence Project’s chief objectives is to facilitate the creation
of a federal forensic science entity. A federal entity, as recommended by the National
Academy of Sciences, could help ensure that forensic science practitioners (including
fire investigators) are guided by science in their investigations, have the training and the
resources they need, and that forensic standards are raised. Working together, state and
federal agencies can bring scientific integrity to the forensic sciences.

Opponents of the Willingham investigation reduce the case to a pro and anti-death
penalty argument. But Willingham’s legacy has just as many implications for non-capital
cases. For the more than 5,000 men and women currently incarcerated for arson
crimes nationwide, there is still time to learn from this mistake. Through over
250 DNA exonerations, the Innocence Project has demonstrated that proving one
person’s innocence can lead to changes in the system that affect hundreds of lives. For
Willingham, who seems to have been wrongfully executed in addition to being wrongfully
convicted, the change that comes from his exoneration must be especially profound. ▲

CAMERON TODD WILLINGHAM INVESTIGATION.

DECEMBER 2008 AUGUST 2009 SEPTEMBER 30, 2009 APRIL 2010 JULY 2010 SEPTEMBER 2010 JANUARY 7, 2011

FIRE EXPERT CRAIG BEYLER COMPLETES HIS GOV. PERRY ABRUPTLY AFTER PUBLIC OUTCRY, AS CHAIRMAN OF THE COMMISSION MEMBERS BEYLER AND OTHERS
BEYLER IS HIRED TO REPORT, FINDING THAT REMOVES THREE THE COMMISSION INVESTIGATION PANEL VETO THE DRAFT REPORT SET TO DISCUSS
INVESTIGATE. INVESTIGATORS IN THE MEMBERS OF THE ANNOUNCES THAT THE REVIEWING THE AND VOTE TO CONTINUE THE WILLINGHAM CASE
WILLINGHAM CASE HAD COMMISSION AND WILLINGHAM CASE IS WILLINGHAM CASE, THE INVESTIGATION INTO AT A COMMISSION
“NO SCIENTIFIC BASIS” APPOINTS JOHN BACK ON THE AGENDA. BRADLEY ISSUES A DRAFT NEGLIGENCE OR MEETING.
FOR CONCLUDING THAT BRADLEY AS THE NEW REPORT, CLEARING FIRE MISCONDUCT OF THE
THE FIRE WAS CHAIR. BRADLEY INVESTIGATORS OF ANY FIRE MARSHAL’S OFFICE.
INTENTIONALLY SET. IMMEDIATELY SHUTS NEGLIGENCE OR
DOWN THE UPCOMING MISCONDUCT.
WILLINGHAM MEETING.

1997 TO 2005 • KEITH E. TURNER 1983 TO 2005 • DENNIS HALSTEAD 1987 TO 2005 • JOHN RESTIVO 1987 TO 2005 • ALAN CROTZER 1981 TO 2006 • ARTHUR MUMPHREY 1986 TO 2006 • DREW WHITLEY 1989 TO 2006 •
DOUGLAS WARNEY 1997 TO 2006 • ORLANDO BOQUETE 1983 TO 2006 • WILLIE JACKSON 1989 TO 2006 • LARRY PETERSON 1989 TO 2006 • ALAN NEWTON 1985 TO 2006 • JAMES TILLMAN 1989 TO 2006 • JOHNNY
BRISCOE 1983 TO 2006 • SCOTT FAPPIANO 1985 TO 2006 • ALLEN COCO 1997 TO 2006 • JAMES OCHOA 2005 TO 2006 • JEFFREY DESKOVIC 1990 TO 2006 • MARLON PENDLETON 1996 TO 2006 • BILLY J. SMITH 1987
 12
BETTY ANNE WATERS (LEFT) WITH HILARY SWANK, THE
ACTOR WHO PORTRAYED HER IN THE FILM “CONVICTION” AT
AN INNOCENCE PROJECT BENEFIT IN NEW YORK.
TO 2006 • BILLY W. MILLER 1984 TO 2006 • EUGENE HENTON 1984 TO 2006 • GREGORY WALLIS 1989 TO 2007 • LARRY FULLER 1981 TO 2007 • TRAVIS HAYES 1998 TO 2007 • WILLIE O. WILLIAMS 1985 TO 2007 • ROY
BROWN 1992 TO 2007 • CODY DAVIS 2006 TO 2007 • JAMES WALLER 1983 TO 2007 • ANDREW GOSSETT 2000 TO 2007 • ANTONIO BEAVER 1997 TO 2007 • ANTHONY CAPOZZI 1987 TO 2007 • JERRY MILLER 1982 TO
2007 • CURTIS MCCARTY 1986, 1989 TO 2007 • JAMES C. GILES 1983 TO 2007 • BYRON HALSEY 1988 TO 2007 • DWAYNE A. DAIL 1989 TO 2007 • LARRY BOSTIC 1989 TO 2007 • MARCUS LYONS 1988 TO 2007 • CHAD
IN THEIR
OWN WORDS
A CONVERSATION BETWEEN HILARY SWANK AND
BETTY ANNE WATERS
Twelve years ago, the Innocence Project received a letter from Betty Anne Waters, a
new lawyer looking for help on her brother’s case. She wrote: “The day that my brother
was unjustly convicted of this crime has changed not only his life, but mine.” Waters’
extraordinary efforts to free her brother led not only to his exoneration through
DNA testing in 2001, but also to a major feature film that has introduced hundreds
of thousands of people worldwide to the problem of wrongful convictions. A Fox
Searchlight film released in October 2010, “Conviction” was directed by Tony Goldwyn
and stars Hilary Swank as Betty Anne, a mother who put herself through law school to
prove her brother’s innocence. Here, the real-life inspiration for the film and the actor
that portrayed her, sit down to discuss the role, the movie, and the reality of wrongful
convictions.
Betty Anne Waters: When I heard it was going to be you playing the part, I was
so glad. Just seeing your work as an actress in other films I knew that you would be
the best and the closest to my character.
Hilary Swank: It makes me so happy that you saw me in the role of playing you.
After reading the script, I was immediately floored by your tenacity, drive, and
determination and deeply touched by the love story and great lengths you would
go to help your brother.
BAW: When did you decide to accept the role?
HS: I was hooked when I read the script, but after sitting with Tony and hearing his
vision for how he was going to make it come to life yet again was the icing on the cake.
BAW: I think a lot of people are just like me before my brother was wrongfully
convicted – they think that everyone in prison is guilty. Did your perceptions of the
criminal justice system change after playing this role?
 IN THEIR OWN WORDS 13

HS: Absolutely. The great thing about being an actor is that we get the opportunity to
see life through different eyes. It’s devastating to think of countless others who could be
wrongly convicted and sitting in prison now and no doubt being judged by our society.

BAW: I wasn’t sure I wanted to be on the set at first or if everyone would be

comfortable with it. Was it challenging for you to portray someone who is sitting right
there watching?

HS: At first I thought it might be, but not after getting to know you and seeing that
there’s not a judgmental bone in your body. You were collaborating in such an open
and articulate way, and it quickly made me realize that having you on set helped us
tell the story.

BAW: There were scenes when you were visiting my brother’s character in prison,
when you really captured the frustration of trying to help someone but also keep them
calm. It was very difficult because Kenny was suicidal at times, and I had to keep him
full of hope and not too sad. Watching you, I remembered those feelings. How did you “I WAS DEEPLY TOUCHED BY
prepare for those scenes?
THE LOVE STORY AND GREAT
HS: Honestly Betty Anne, I just connected to your heart and the love that you and
Kenny had for one another. It was heartbreaking to not be able to disconnect by LENGTHS YOU WOULD GO TO
saying, “This is only fiction, it didn't happen.” There was no way to not carry the HELP YOUR BROTHER.”
injustice of what happened to your brother home every night.
– Hilary Swank
BAW: Remember that scene in the movie when Kenny gets released? I watched you
do that scene over and over again on set, and it was hard to watch. You reminded me
of myself, totally. I remembered that day vividly after watching you. And then when
I saw you later, you were crying, and it made me cry. What was it like for you to do
that scene?

HS: I was just thinking about all the time, effort and heart that you put into helping
everyone else see what you always believed. To think that after all those years, the
moment the judge says “you’re free to go,” and it was just you, Barry Scheck, the
other counsel and your brother in the room – it seemed so subdued for such a big,
momentous event. I just felt your great love so profoundly in that moment and how
the simplest act of being able to hug your brother once he was free meant everything
in the world.

BAW: When Kenny was alive, he couldn’t wait to have this movie out there. He knew
that he left innocent people behind in prison, and he wanted to raise awareness about
that. Your work on this movie will help introduce so many people to the work of the
Innocence Project and the problem of wrongful convictions.

HS: I hope that we can shine a bright light on the very flawed criminal justice system
and help exonerate others who were wrongly convicted. Talking about it and reaching
out on the subject whenever possible is an honor. ▲

HEINS 1996 TO 2007 • JOHN J. WHITE 1980 TO 2007 • RICKEY JOHNSON 1983 TO 2008 • RONALD G. TAYLOR 1995 TO 2008 • KENNEDY BREWER 1995 TO 2008 • CHARLES CHATMAN 1981 TO 2008 • NATHANIEL HATCHETT
1998 TO 2008 • DEAN CAGE 1996 TO 2008 • THOMAS MCGOWAN 1985, 1986 TO 2008 • ROBERT MCCLENDON 1991 TO 2008 • MICHAEL BLAIR 1994 TO 2008 • PATRICK WALLER 1992 TO 2008 • STEVEN PHILLIPS 1982,
1983 TO 2008 • ARTHUR JOHNSON 1993 TO 2008 • JOSEPH WHITE 1989 TO 2008 • WILLIAM DILLON 1981 TO 2008 • STEVEN BARNES 1989 TO 2009 • RICARDO RACHELL 2003 TO 2009 • JAMES DEAN 1990 TO 2009 •
 14

ABOVE, TOP TO BOTTOM: DOUGLAS PACYON AND
LARRY DAVIS.
OPPOSITE PAGE, TOP TO BOTTOM: ALAN NORTHROP,
ANTHONY JOHNSON, MAURICE PATTERSON AND
MICHAEL ANTHONY GREEN.
EXONERATION
NATION
Since the last newsletter, seven more innocent people have been
exonerated with DNA testing. The Innocence Project congratulates
these inspiring individuals, as well as our colleagues who fought to help
prove their innocence.
CURTIS JASPER MOORE who suffered from schizophrenia, allegedly incriminated
himself in the rape and murder of an 88-year-old Virginia woman. He was committed
to a state mental hospital in 1978 and released several years later when federal courts
vacated his conviction on appeal. Although Moore was released, he wasn’t proven
innocent until this year when DNA tests exonerated him and linked another man,
Thomas Pope, Jr., to the crime. Pope has since been convicted. Moore died four
years ago and never lived to see his name cleared.
DOUGLAS PACYON was paroled after six years of wrongful incarceration, but he
would wait another two decades to officially clear his name. Pacyon was accused of

KATHY GONZALEZ 1990 TO 2009 • DEBRA SHELDEN 1989 TO 2009 • ADA J. TAYLOR 1990 TO 2009 • THOMAS WINSLOW 1990 TO 2009 • JOSEPH FEARS JR. 1984 TO 2009 • MIGUEL ROMAN 1990 TO 2009 • VICTOR
BURNETTE 1979 TO 2009 • TIMOTHY COLE 1986 TO 2009 • JOHNNIE LINDSEY 1983, 1985 TO 2009 • CHAUNTE OTT 1996 TO 2009 • LAWRENCE MCKINNEY 1978 TO 2009 • ROBERT L. STINSON 1985 TO 2009 • KENNETH
IRELAND 1988 TO 2009 • JOSEPH ABBITT 1995 TO 2009 • JAMES L. WOODARD 1981 TO 2009 • JERRY L. EVANS 1987 TO 2009 • MICHAEL MARSHALL 2008 TO 2009 • JAMES BAIN 1974 TO 2009 • DONALD E. GATES
 EXONERATION NATION 15

raping two women in Buffalo, New York, in 1984. He turned down a plea bargain for
a shorter sentence and was convicted of one of the rapes. DNA testing finally proved
his innocence and confirmed that the two crimes were committed by the same
unknown perpetrator. Pacyon was officially exonerated on June 21, 2010.

LARRY DAVIS and ALAN NORTHROP were wrongfully convicted of raping a

housekeeper in the La Center, Washington, home where she worked. The victim had
been blindfolded during the rape, but based on a fleeting glimpse of the perpetrators
she identified Davis and Northrop. Her misidentification was the central piece of
evidence in the case since DNA testing could not be conducted at the time. After
over 16 years of wrongful incarceration, Davis was paroled in early 2010. Both he and
Northrop were exonerated on July 14, 2010, when the Innocence Project Northwest
proved through DNA testing that neither man was involved in the 1993 crime.

In the fall of 1984, Angela Bonds was raped and stabbed to death in her New Orleans
home. Her boyfriend, ANTHONY JOHNSON, was wrongfully convicted of the crime
two years later based on an alleged confession and other circumstantial evidence.
The state withheld evidence that a convicted serial killer had boasted to officials that
he committed the murder. DNA testing of the victim’s fingernail scrapings eventually
implicated the serial killer, and Johnson was exonerated with the help of the Innocence
Project of New Orleans. Johnson was released in 2007 and fully exonerated on
September 15, 2010, after 22 years in prison.

MAURICE PATTERSON became the 260th person exonerated through DNA testing
on October 8, 2010. Patterson, of Chicago, was misidentified by witnesses to the
fatal stabbing of Robert Head in 2002. Patterson was exonerated when the Center
on Wrongful Convictions discovered DNA belonging to both the victim and another
man on a knife found at the crime scene. Patterson was excluded as a possible
perpetrator and released after seven years in prison. Although the knife was tested at
the time of the trial, prosecutors reported that the victim’s DNA was not present and
erroneously asserted that the knife had not been used in the crime.

MICHAEL ANTHONY GREEN was released in July and officially exonerated with DNA
testing on October 20, 2010, after spending 27 years in prison for a Houston rape. Still
a teenager at the time of his wrongful conviction, Green was misidentified as one of
four perpetrators of a 1983 gang rape. In response to the crime, Houston police began
stopping black men in the area, and Green was detained. The victim did not identify
him then, but did a week later when she saw him again in a photo array and in a live
lineup. Green was the only person convicted of the crime. ▲

YEARS OF WRONGFUL INCARCERATION ENDURED BY ALL

261 EXONEREES 3,337
1982 TO 2009 • FREDDIE PEACOCK 1976 TO 2010 • TED BRADFORD 1996 TO 2010 • ANTHONY CARAVELLA 1986 TO 2010 • FRANK STERLING 1992 TO 2010 • RAYMOND TOWLER 1981 TO 2010 • CURTIS J. MOORE 1978
TO 2010 • DOUGLAS PACYON 1985 TO 2010 • LARRY DAVIS 1993 TO 2010 • ALAN NORTHROP 1993 TO 2010 • ANTHONY JOHNSON 1986 TO 2010 • MAURICE PATTERSON 2003 TO 2010 • MICHAEL A. GREEN 1983 TO
2010
 16
INNOCENCE PROJECT CO-DIRECTOR BARRY SCHECK AND
ACTOR HILARY SWANK ADDRESS AN AUDIENCE OF INNOCENCE
PROJECT SUPPORTERS AT A NEW YORK CITY BENEFIT IN
HONOR OF THE MOVIE “CONVICTION.”
IP NEWS
“CONVICTION” MOVIE GALVANIZES INNOCENCE PROJECT SUPPORTERS AND ADVOCATES
The Innocence Project Board of Directors and the Young Professionals’ Committee
recently co-hosted a benefit at the French Institute in New York City to honor
“Conviction,” a Fox Searchlight film that tells the story of Betty Anne Waters’ fight to
exonerate her brother, Innocence Project client Kenny Waters. Nearly 350 people
attended a screening and heard Betty Anne Waters speak along with Innocence Project
Co-Director Barry Scheck, “Conviction” Director Tony Goldwyn, cast members Hilary
Swank, Sam Rockwell and others. Innocence Project supporters raised over $85,000 at
the event. Supporters outside of the New York City area have also had an opportunity
to meet Betty Anne Waters through special screenings nationwide that have featured
Waters, the film’s stars, director and screenwriter.
In Washington DC, a screening of “Conviction” was followed by a Capitol Hill breakfast
reception the following morning. Hundreds of Innocence Project supporters, criminal
justice professionals and policymakers attended the screening, which included a
question and answer session with Waters, Scheck, Goldwyn and Rockwell. At the
breakfast reception, Scheck and Waters spoke with policymakers, law enforcement
officials and advocates about innocence issues and the importance of preventing
wrongful convictions.
INNOCENCE PROJECT BOARD OF DIRECTORS WELCOMES NEW MEMBERS
Three new Board Members have recently joined the Innocence Project’s esteemed
Board of Directors. They are Laura Arnold, Co-Chair of the Laura and John Arnold
Foundation, which invests in innovative strategies to address social justice issues across
the country; Rossana Rosado, Publisher of El Diario La Prensa, the oldest Spanish-
language daily in the United States; and Darrel Stephens, Executive Director of the
Major City Chiefs Association and an accomplished police executive with more than
40 years of experience. The 16 members of the Board also include Board Chair,
Texas State Senator Rodney Ellis; Calvin Johnson, former Innocence Project client
exonerated through DNA testing in 1999; and former Attorney General of the United
States Janet Reno who has recently been named Director Emeritus. Former Attorney
General Reno is a founding director and has served on the Board for the past six years.
ONLINE DATABASE OF DNA EXONERATION CASES IS LAUNCHED
The Innocence Project and Winston & Strawn, a top international law firm, have
launched a searchable, online database of wrongful convictions later overturned
 IP NEWS 17

through DNA testing. The database, which is the most extensive research tool for
DNA exoneration cases ever available, includes public records, court documents,
case profiles and case abstracts for many of the 261 cases. The information is expected
to be an important resource for lawyers, legislators, law enforcement and others in
preventing future wrongful convictions. Hundreds of volunteers, attorneys, paralegals,
staff and students assisted with the creation of the database. Merrill Corporation,
which provided essential document imaging and management services, and Microsoft
Corporation, which donated computer hardware and software, also made tremendous
contributions.

U.S. SUPREME COURT CONSIDERS INNOCENCE CASES

This fall, the U.S. Supreme Court heard arguments in the case of Texas death row
inmate Hank Skinner and considered whether the prosecutor should be forced to
turn over evidence for post-conviction DNA testing according to federal civil rights law.
Skinner came within 40 minutes of his scheduled execution before the court decided
to hear his appeal in March. Critical DNA evidence is available and testing could be
done at no cost to the state. The Innocence Project does not represent Skinner
but believes that DNA testing should always be done when it could prove guilt or
innocence. Innocence Project supporters helped raise awareness about the Skinner
case by sending letters to Gov. Rick Perry and advocating for a stay.

The court also recently heard arguments in the case of former death row inmate
John Thompson who was convicted of murder and armed robbery after prosecutors
failed to turn over blood evidence that could have exonerated him. The Innocence
Network, a consortium of groups doing innocence-related work, wrote an amicus brief
arguing that prosecutors should be held liable for the misconduct. Thompson sued
the New Orleans District Attorney’s Office and was awarded $14 million by a jury – $1
million for each year he spent on death row. The Supreme Court ruling could
determine whether or not he receives it.

DNA TESTING DISCREDITS FORENSIC EVIDENCE FROM TEXAS DEATH ROW CASE JOHN THOMPSON.

A single hair found at the crime scene has long been used as evidence that Claude
Jones killed liquor store clerk Allen Hilzendager in 1989, yet DNA testing recently
proved that the hair did not belong to Jones. In 2000, Jones appealed to then-governor
George W. Bush for a 30-day stay in order to conduct DNA testing on the hair, but he
was denied. Documents now show that Bush was not informed about the possibility to
conduct DNA testing and was advised to deny the stay. The San Jacinto County District
Attorney’s office refused to give the Innocence Project permission to do testing on the
evidence, until the Innocence Project, the Texas Observer, the Innocence Project of
Texas and the Texas Innocence Network brought a successful lawsuit to perform the
testing. The Innocence Project charges that if testing had been done prior to Jones’
execution, he would have been spared. ▲
18

INNOCENCE
BY THE NUMBERS
PROSECUTORIAL MISCONDUCT
Prosecutorial misconduct undoubtedly leads to wrongful convictions, but because
of the surreptitious nature of misconduct, it’s difficult to measure the scope of the
problem. (Examples include withholding evidence from the defense, deliberate
mishandling or destruction of evidence, coercion of false confessions, the use of
unreliable government informants or snitches, and more.) Therefore, the data below
is not comprehensive and includes only cases in which information is available. These
numbers offer a glimpse of the frequency of prosecutorial misconduct and also reveal
the startling fact of how rarely prosecutors are held accountable for their actions.

Number of the first 255 DNA exonerees to allege prosecutorial misconduct in their
appeals or in a civil trial 63
Number of those 63 in which courts found error, whether harmful or harmless 30
Number of those 30 in which courts found “harmful error” that lead to a reversal
of the conviction 13
Number of cases of prosecutorial misconduct identified from 1997-2009 in California
through a Northern California Innocence Project investigation 707 *
Number of California prosecutors that were identified for repeated instances of
misconduct between the years 1997-2009 67
Number of those California cases from 1997-2009 in which prosecutors were
disciplined 6
Number of cases documented through a recent USA Today investigation in which
federal prosecutors violated laws or ethics rules since 1997 201*
Number of cases identified by USA Today in which a federal prosecutor had been
disbarred, even temporarily, in the past 12 years 1
* See Preventable Error: A Report on Prosecutorial Misconduct in California 1997-2009, by Kathleen M. Ridolfi and
Maurice Possley
* See “Prosecutors’ Conduct Can Tip Justice Scales” USA TODAY, Sept. 23, 2010 by Brad Heath and Kevin McCoy
The Innocence Project was founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the
Benjamin N. Cardozo School of Law at Yeshiva University to assist prisoners who could be
proven innocent through DNA testing. To date, 261 people in the United States have been
exonerated by DNA testing, including 17 who served time on death row. These people
served an average of 13 years in prison before exoneration and release. The Innocence
Project’s full-time staff attorneys and Cardozo clinic students provided direct
representation or critical assistance in most of these cases. The Innocence Project’s
groundbreaking use of DNA technology to free innocent people has provided irrefutable
proof that wrongful convictions are not isolated or rare events but instead arise from
systemic defects. Now an independent nonprofit organization closely affiliated with
Cardozo School of Law at Yeshiva University, the Innocence Project’s mission is nothing
less than to free the staggering numbers of innocent people who remain incarcerated and
to bring substantive reform to the system responsible for their unjust imprisonment.

OUR STAFF
Olga Akselrod: Staff Attorney, Angela Amel: Director of Social Worker and Associate Director of Operations/ Litigation
Department, Anna Arons, Paralegal, Corinne Audet: Finance and Human Resources Associate, Elena Aviles: Document
Manager, Rebecca Brown: Policy Advocate, Loretta Carty: Legal Assistant, Paul Cates: Director of Communications,
Sarah Chu: Forensic Policy Associate, Scott Clugstone: Director of Finance and Administration, Craig Cooley: Staff
Attorney, Valencia Craig: Case Management Database Administrator, Hensleigh Crowell: Paralegal, Jamie
Cunningham: Policy Associate, Huy Dao: Case Director, Madeline deLone: Executive Director, Ana Marie Diaz: Case
Assistant, Nicholas Goodness: Case Analyst, Edwin Grimsley: Case Analyst, Caitlin Hanvey: Development Assistant,
Nicole Leigh Harris: Policy Analyst, Barbara Hertel: Finance Associate, William D. Ingram: Case Assistant, Jeffrey
Johnson: Office Manager, Matt Kelley: Online Communications Manager, Jason Kreag: Staff Attorney, Audrey
Levitin: Director of Development, David Loftis: Managing Attorney, Laura Ma: Assistant Director, Donor Services, Alba
Morales: Staff Attorney, Nina Morrison: Staff Attorney, Cristina Najarro: Paralegal, Peter Neufeld: Co-Director, Jung-
Hee Oh: Administrative Associate, Legal Department, Charlie Piper: Special Assistant, Vanessa Potkin: Staff Attorney,
Kristin Pulkkinen: Assistant Director of Development for Individual Giving, N. Anthony Richardson: Assistant and
Database Administrator, Richard Salatiello: Director of Institutional Giving, Stephen Saloom: Policy Director,
Alana Salzberg: Communications Associate, Barry Scheck: Co-Director, Chester Soria: Communications Assistant,
Maggie Taylor: Senior Case Analyst, Elizabeth Vaca: Assistant to the Directors, Marc Vega: Case Assistant, Elizabeth
Webster: Publications Manager, Elizabeth Weill-Greenberg: Case Analyst, Emily West: Research Director, Karen
Wolff: Social Worker
 INNOCENCE PROJECT, INC.
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