Innocence on Death Row

Innocence on Death Row

Lennart Grebelius

Innocence on Death Row

For every nine people executed in the United States since 1973 the US courts have found one person on death row who never should have been c­ onvicted.

I.e. one exoneration for every nine execution. On average the wrongly convicted spent over 10 years on death row before being exonerated. These numbers reveal a serious risk of executing the innocent. They also reveal serious flaws in the American justice system.

Since the death penalty was reinstated in the United States in 1976, 1581 men and women from 281states have been exonerated and released from death row. During the same time period 14911 ­people have been executed. False confessions, prosecutorial misconduct, erroneous evidence, eyewitness error, faulty science, and unreliable informant testimony have been identified as causes leading to the ­conviction of the innocent. Once convicted, a death row prisoner faces enormous obstacles in c­ onvincing the courts that he or she is innocent. In cases where someone has been released after successfully proving their innocence, it has most often been due to extrajudicial factors such as the work of dedicated journalists and attorneys, non-profit organizations or students. The truth is that the American judiciary provides no reliable safeguards against sentencing an innocent individual to death.This obvious risk of wrongful convictions in capital cases has led many to question the reliability of the criminal justice s­ ystem.

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clemente javier aguirre, florida years on death row: 12 convicted: 2006 charges dismissed: 2018

With newly discovered confessions and DNA evidence pointing to the prosecution’s chief witness as the actual killer, Seminole County, Florida prosecutors dropped all charges against Honduran national Aguirre. Aguirre was convicted and sentenced to death in 2006 of the ­murder of two neighbors—an elderly woman and her adult ­d aughter—in 2004. He steadfastly maintained his innocence, saying he had discovered the women after they had been killed. He did not report the murders to authorities, he said, because he was an undocumented immigrant and feared deportation. The prosecution's chief witness against Aguirre was Samantha Williams, the mentally ill daughter and grand-daughter of the victims. During the post-conviction process, Aguirre's lawyers discovered that ­Williams had confessed to at least five different ­people that she had killed her relatives. None of the DNA found on the 84 items from the crime scene that were tested matched Aguirre. Most blood samples matched the two victims, and Samatha Williams's DNA was found on eight bloodstains collected from four different rooms—­ including in the bathroom where the state had argued at trial that the ­ k iller would have cleaned up. Each of W ­ illiams's ­samples was found inches away from the victims’ blood.

On October 27, 2016, the Florida Supreme Court unanimously vacated Aguirre's conviction and granted him a new trial.

vicente benavides, california years on death row: 25 convicted: 1993 charges dismissed: 2018

Benavides, wrongly convicted and sentenced to death in 1993 on charges that he had raped, anally sodo­m ized, and murdered his girlfriend’s 21-month-old daughter, was exonerated on April 19, 2018. A trial court in Kern County, California formally dismissed all charges against Benavides. The California Supreme Court had granted the former farmworker a new trial in March 2018, calling his convictions for sexually assaulting and murdering Consuelo Verdugo a product of “extensive,” “pervasive,” “impactful,” and “false” forensic testimony. The girl, the court said, had never been sexually assaulted and may ­actually have died from being hit by a car. Benavides’s lawyers presented evidence a leading expert on child abuse characterizing the pros­ecution’s assertion that the child’s injuries had been the product of sexual assault as “so ­unlikely to the point of being absurd. No such mechanism of injury has ever been reported in any literature of child abuse or child assault.” Rather, Dr. Astrid Heger said, the ­in­ternal i­ njuries the ­toddler sustained were commonly seen in ­v ictims of automobile accidents. Hospital re­cords that were never p­ resented at trial showed that the examining physicians from Consuelo’s initial hospital­ization had not seen any signs of bleeding when she was brought to the emergency room, and a nurse who helped treat the child reported that neither she nor any of her colleagues had seen evidence of anal or vaginal trauma when the ­Consuelo arrived at the hospital.

rickey d. newman, arkansas years on death row: 15 convicted: 2002 charges dismissed: 2017

An Arkansas trial judge dismissed all charges against ­Newman on October 11, 2017, for the February 2001 ­murder of a transient woman in a “hobo park” on the outskirts of Van Buren, Arkansas. A former Marine with ­major depression, chronic posttraumatic stress disorder from childhood abuse, and an IQ in the intellectually ­d isabled range, Newman was seriously mentally ill and homeless at the time he was charged with murdering Marie Cholette. After falsely confessing to interroga­ tors, the court found him competent to stand trial and to r­epresent himself. He was c­ onvicted and sentenced to death in June 2002 ­a fter a o ­ ne-day trial in which Newman told the jury he had committed the murder and asked them to impose the death p­ enalty. No physical evidence linked Newman to the murder and DNA e­ vidence on the blanket on which the victim was found excluded N ­ ewman, but a prosecution expert falsely testified that hair found on Newman’s clothing had come from the victim. H ­ owever, four days before his scheduled ­execution on July 26, 2005, Newman p­ermitted federal public defenders to seek a stay of e­xecution and the lawyers obtained DNA testing of the hair evidence that disproved the prosecution’s t rial ­ ­ testimony. They also discovered that prosecutors had withheld from the defense evidence from the murder scene that ­contradicted what Newman had described in his confession.

gabriel solache, illinois years on death row: 17 convicted: 2000 charges dismissed: 2017

Gabriel Solache, a Mexican national, was exonerated on December 21, 2017 after 20 years of wrongful imprisonment. Cook County prosecutors dropped charges against Solache and his co-defendant Arturo DeLeon-Reyes ­a fter Circuit Court Judge James Obbish overturned their convictions, finding that disgraced Chicago detective ­ Reynaldo Guevara had told “bald-faced lies” under oath when he testified to having no memory of interrogating Solache and DeLeon-Reyes and denied having beaten false confessions out of the men. Solache and De­L eonReyes were convicted in separate trials, and Solache was sentenced to death, for the 1998 stabbing deaths of Jacinta and Mariano Soto during a home robbery. No physical or biological evi­dence linked either man to the murder, but they were convicted based upon ­confessions they have long said were coerced by Guevara over the course of three days of interrogation in which they were denied their right to consular assistance by the Mexican government, de­prived of sleep, and given little food or drink ­u ntil they falsely implicated themselves. Solache’s p­ urported ­con­fession was written entirely in English by an assistant state attorney who did not speak Spanish. S­ olache did not speak or read English and said that Guevara nev­er translated the written statement for ­Solache before ­getting him to sign it. Guevera has been accused of framing d­ efendants of murder in 51 cases.

ralph daniel wright, jr., florida years on death row: 3 convicted: 2014 acquitted: 2017

On May 11, 2017, the Florida Supreme Court ­d irected that Wright, Jr. be acquitted of the murder charges for which he had been sentenced to death in 2014. The court unanimously vacated Wright’s convictions for the murders of his ex-girlfriend and their son, r­ uling that the “purely circumstantial” evidence against him was insufficient to convict. A majority of the court joined a c­ oncurring opinion by Justice Charles Canady holding that “no ­rational trier of fact could have found ... beyond a reasonable doubt” that Wright was the killer. ­Prosecutors accused Wright of murdering Paula ­O’Conner—a white ­woman with whom he had an affair—and their 15-month-old son Alijah supposedly to “avoid a child support ­obligation and ... maintain a ‘bachelor lifestyle.’” The court ­noted that “none of the evidence presented at trial directly tied Wright to the murders”. Wright was convicted of the murders, and the trial court sentenced him to death after a bare 7-5 majority of the jury voted to recommend the death penalty. The Florida Supreme Court later declared death sentences based upon non-unanimous jury recommendations to be unconstitutional.

rodricus crawford, louisiana years on death row: 5 convicted: 2012 charges dismissed: 2017

The Caddo Parish, District Court formally dismissed all charges against against Crawford on April 17, 2017, ­exonerating him in a controversial death penalty case that had attracted national attention amid evidence of race ­d iscrimination, prosecutorial excess, and actual innocence. The Louisiana Supreme Court had ordered a new trial for Crawford in November 2016, finding that prosecutor Dale Cox had unconstitutionally struck black ­jurors on the basis of race. Crawford had been sentenced to death in 2012 on charges he had murdered his one-yearold son. Despite autopsy results that showed p­ ervasive bronchopneumonia in the baby’s lungs and sepsis in his blood, the prosecution presented testimony from a local doctor who claimed the infant had been suffocated. After the trial, Crawford’s appeal lawyers obtained additional evidence from experts in the fields of pediatric pathology, pediatric neuropathology, and pediatric infectious disease that the child had died of natural causes. In dropping the charges against Crawford, James Stewart, who was ­elected ­Caddo Parish District Attorney in 2015, said, “New e­ vidence presented after the trial raised questions about the ­degree of pneumonia together with bacteria in the child’s blood indicative of sepsis” required reconsideration of the charges against Crawford.

isaiah mccoy, delaware years on death row: 5 convicted: 2012 acquitted: 2017

Isaiah McCoy was exonerated on January 19, 2017. ­McCoy had been convicted and sentenced to death in 2012, but the Court overturned his conviction in 2015 as a ­result of prosecutorial misconduct in which the trial ­prosecutor, Deputy Attorney General R. David Favata, ­ belittled ­McCoy in front of the jury for ­choosing to ­represent ­h imself, made intimidating comments to McCoy d­ ur­i ng a break in proceedings, then lied to the judge about ­having made those comments. McCoy waived his right to a jury for his retrial, but was represented by ­counsel.

In acquitting McCoy, Judge Young noted that there was no physical evidence linking M ­ cCoy to the murder and that two alleged accomplices had given c­ontradictory testimony. One of the accomplices, Deshaun White, ­ ­received a s­entence reduction for t­estifying against Mc­ Coy. Upon his release, McCoy said, “I just want to say to all those out there going through the same thing I’m going through ‘keep faith, keep fighting. Two years ago, I was on death row. At 25, I was given a death s­ en­tence – and I am today alive and well and kicking and a free man.”

Deputy ­Attorney General R. David Favata was temporarily ­suspended from the practice of law as a result of his misconduct in the case.

lawrence william lee, georgia years on death row: 28 convicted: 1987 charges dismissed: 2015

On June 8, 2015, the Wayne County Georgia Superior Court dismissed all charges against Lee, after he had spent more than 27 years in prison (more than 20 on death row) for a triple murder during a home robbery. In May 2008, the state superior court granted Lee a new trial, finding that pros­ecutors had engaged in a “full spectrum of prosecutorial misconduct,” accompanied by prejudicial investigative failures by his trial counsel. Lee was convicted and sentenced to death based upon “a weak prosecution case dependent for its success on the believability of two ­w itnesses unfavored in the law and by the public – a jailhouse snitch and a co-conspirator – with absolutely no forensic evidence to link [him] to the crime scene.” The court found that the prosecution affirmatively misrepresented to the de­fense and the court that it had no exculpatory evidence in its files, while concealing evidence that contradicted the testimony or undermined the credibility of every one of its key witnesses. It also manipulated the trial proceedings by first denying the defense access to the physical evidence and then presenting evidence and ­ar­g ument it knew to be false that suggested Lee had been in possession of guns stolen from the victims’ home. The prosecution also concealed evidence that linked two other suspects to the murders and subsequently lost or destroyed 47 latent fingerprints and 15 unknown hairs recovered from the scene that did not match Lee, preventing Lee’s post-conviction lawyers from exam­ining this exculpatory physical evidence to identify the actual perpetrators.

alfred brown, texas years on death row: 10 convicted: 2005 charges dismissed: 2015

On June 8, 2015, Harris County, Texas prosecutors dismissed charges against Alfred Dewayne Brown, who had been wrongfully convicted and sentenced to death in 2005 for the murders of a Houston police officer and a store clerk during a robbery. The Texas Court of Criminal Appeals had overturned Brown’s conviction in 2014 because prosecutors withheld a phone record that s­upported Brown’s alibi. Prosecutors in 2013 said that the phone ­record had been inadvertently misplaced. Brown had long maintained that he had been alone at his girlfriend’s apartment at the time of the murder, and that he had called her ­a fter seeing reports of the shooting on television. Defense lawyers argued that the time of the phone call established that Brown could not have been at the store when the murder occurred. There was no physical evidence against Brown, and a series of ­Pulitzer prize-winning ­columns by H ­ ouston Chronicle writer Lisa Falkenberg disclosed i­rregularities in the grand jury process, that Brown’s girlfriend had faced intimidating questioning and threats of ­perjury by a police officer who was the grand jury foreman, and that she had been jailed for seven weeks until she changed her ­testimony to implicate Brown.

willie manning, mississippi years on death row: 21 convicted: 1994 charges dismissed: 2015

On April 21, 2015 Oktibbeha County District A ­ ttorney Forrest Allgood announced that he would drop charg­es against death row inmate Willie Manning. In F ­ eb­r uary 2015, the Mississippi Supreme court granted Manning a new trial, saying that key evidence was withheld. ­Justice Michael K. Randolph wrote, “The State violated ­Manning’s due-process rights by failing to provide ­favorable, material evidence.” A witness tes­t ified that he saw Manning enter the victims’ apart­ment, but police records that were withheld from the defense show the apartment from which he claimed to have seen Manning was vacant at the time, and records from the apartment complex did not list the witness as a tenant. The witness later ­recanted his testimony, say­ing he feared he would be charged with the crime if he didn’t testify. M ­ anning remains on death row for a sep­ ­ a rate crime, but the ­evidence against M ­ anning in that case is hair and ballistics analysis from the FBI that was recently identified as seriously flawed. Manning came within hours of being executed in that case, receiving a stay of execution only after the FBI sent separate let­ters disclosing flaws in its ballistics and hair comparison ­testimony.

anthony hinton, alabama years on death row: 30 convicted: 1985 charges dismissed: 2015

Anthony Ray Hinton was exonerated after spending nearly 30 years on Alabama's death row. Hinton was convicted of the 1985 murders of two fast-food restaurant managers based upon the testimony of a state forensic ­examiner that the bullets in the two murders came from a gun found in Hinton's house. The prosecutor, who had a d­ ocumented history of racial bias, said he could tell H ­ inton was guilty and “evil” just by looking at him.

Hinton was ­a rrested after a victim in a similar crime identified him in a ­photo lineup, even though Hinton had been working in a locked warehouse 15 miles away when that crime was committed. In 2002, three top firearms examiners t­ estified that the bullets could not be matched to Hinton's gun, and may not have come from the a ­single gun at all. In 2014, the U.S. Supreme Court u ­ nanimously held that Hinton had been provided substandard representation and returned his case to the state courts for further proceedings. Prosecutors decided not to retry him a­ fter the state's new experts said they could not link the bullets to Hinton's gun. Bryan Stevenson, Hinton's lead ­attorney, said, “Race, poverty, inadequate legal assistance, and prosecutorial indifference to innocence conspired to ­create a textbook example of injustice. I can’t think of a case that more urgently dramatizes the need for reform than what has happened to Anthony Ray Hinton.”

debra milke, arizona years on death row: 23 convicted: 1990 charges dismissed: 2015

On March 23, 2015, a Phoenix judge dismissed all charges against Debra Milke... as a result of “egregious” police and prosecutorial misconduct and barring her retrial. The court's decision effectively ends prosecutorial efforts to reinstate murder charges against M ­ ilke. Milke spent 23 years on death row for allegedly a­ rranging for two men to kill her 4-year-old son so she could collect an insurance payout. The two men who were convicted of committing the killing remain on death row. The prosecutor had withheld evidence that undermined key testimony in the case. Arizona's prosecutors have been accused of misconduct in more than half of all cases in which the state has imposed death sentences. In this case, Detective Armando Saldate testified that Milke had confessed to him, but there was no recording, nor any witnesses to the confession, and Milke steadfastly denied having confessed. Saldate's personnel record, which prosecutors withheld from the defense, revealed that the detective had committed serious misconduct in prior cases, including lying u ­ nder oath. The trial court ­formally dismissed the charges on March 23, 2015, making Milke the 151st ­person exonerated from death row since 1973.

henry mccollum, north carolina leon brown, north carolina years on death row: 30 convicted: 1984 charges dismissed: 2014

The two brothers who were convicted of murder and s­entenced to death in 1984, were freed because of ­evidence uncovered by the North Carolina Innocence Inquiry Commission. McCollum was 19 and Brown ­ was 15 when they confessed to the rape and murder of 11-year-old ­Sabrina Buie. Both men are intellectually disabled - McCollum has an IQ in the 60s and Brown has scored as low as 49 on IQ tests. McCollum and Brown have maintained their innocence since their trial, ­say­ing they were unaware they were signing a confession. “I’d never been under such pressure, people yelling and screaming at me,” McCollum said of his interrogation.

“I was scared, and was just trying to get out of that police station and go home.” In 2010, Brown, who is now serv­ ing a life sentence for rape after his murder conviction was thrown out, contacted the Innocence Commission about his case. The Commission found DNA evidence near the crime scene belonging to another man, Roscoe Artis, who was sentenced to death for a crime similar to the one for which McCollum and Brown were sen­tenced to death. A Robeson County judge freed both men based on DNA evidence. On June 4, 2014, North Carolina Governor Pat McCrory formally pardoned Brown and McCollum, thereby making them eligible for compensation related to their wrongful convictions.

ricky jackson, ohio wiley bridgeman, ohio kwame ajamu, ohio years on death row: 39 conviction: 1975 charges dismissed: 2014

Former death row inmate Ricky Jackson was ­exonerated on November 21 in Ohio, after spending 39 years in ­prison. A judge in Cleveland dismissed all charges against Jackson, with the prosecution in agreement. Jackson was one of three men convicted of the 1975 murder of H ­ arold Franks. The other two defendants, Ronnie and Wiley Bridgeman, were also sentenced to death and have filed a petition for a new trial. The men were convicted on the testimony of a 12-year-old boy who later recanted his testimony, and who now has said he did not witness the crime at all. Several people confirmed the boy was on a school bus at the time of the crime. No other evidence linked the men to the murder. A gun and car seen at the crime scene were linked to a man who was arrested in 1978 for another murder, but he was never charged in Franks' murder. In dropping the charges against ­Jackson, Cuyahoga County Prosecutor Timothy McGinty said, “The state is ­ conceding the obvious.” Ricky Jackson became the seventh person exonerated from death row in Ohio since 1973. All charges against Wiley Bridgeman and Kwame Ajamu were also dismissed. Cuyahoga County prosecutors said the men were “victims of a ­terrible injustice.”

glenn ford, louisiana years on death row: 30 convicted: 1984 charges dismissed: 2014

Ford had spent 30 years on Louisiana's death row and was freed after prosecutors filed motions to vacate his conviction and sentence. Louisiana Judge Ramona Emanuel ordered Glenn Ford to be “unconditionally released from the custody of the Louisiana Department of Corrections” on March 11, 2014. Prosecutors said they had received “credible evidence” that Ford “was neither present at, nor a participant in, the robbery and murder” of which he was convicted in 1984.

reginald griffin, missouri years on death row: 30 convicted: 1983 charges dismissed: 2013

Missouri dismissed all charges related to his death sentence on October 25, 2013. Griffin had been sen­tenced to death for the murder of a fellow inmate in 1983. His conviction was overturned in 2011 by the Missouri Supreme Court because the state had withheld critical evidence. Griffin's conviction relied on the testimony of two jailhouse informants who received benefits in exchange for their testimo­ny. Prosecutors withheld evidence that guards had confiscated a sharpened screwdriver from another inmate, Jeffrey Smith, immediately after the stab­bing. Both of Griffin's co-defendants consistently said the third person involved in the crime was Smith, not Griffin. Cyndy Short, the current lead attorney for Griffin, said, “Reggie and his family are overjoyed. This has been a massive weight upon them all for three decades.”

In overturning Griffin's conviction, the Missouri Supreme Court said, “There is no physical evidence connecting Griffin to the weapon found in the gym­nasium. There is no physical evidence demonstrating any contact between Griffin and Bausley. Instead, Griffin’s continued incarceration for Bausley’s murder is premised on the recanted testimony of inmate Cur­tis and the impeached ­testimony of deceased inmate Mozee. Overlaying the entire case is the revelation that the State failed to disclose evidence that tend­ed to implicate Smith, impeach Curtis and ­Mozee, and bolster the trial testimony of inmate Rogers, who maintained that the inmate fleeing the crime scene was not Griffin.”

seth penalver, florida years on death row: 13 convicted: 1999, acquitted: 2012

On December 21, Seth Penalver was acquitted of all charges and will be freed from Florida's death row, 13 years after being sentenced to death. Penalver has always maintained his innocence. At Penalver's most recent ­t rial, which began 5 months ago, the jury was deadlocked ­10-2, and both the prosecution and d­ efense agreed to ­replace two jurors with alternates who had attended the ­proceedings. The newly constituted jury began deliberations afresh and found Penalver not guilty of all charges.

damon thibodeaux, louisiana years on death row: 15 convicted: 1997 charges dismissed: 2012

On September 28 2012, Damon Thibodeaux was freed from death row in Louisiana after an extensive investigation, including DNA testing and the cooperation of J­efferson Parrish District Attorney Paul Connick. ­Thibodeaux was sentenced to death for the 1996 rape and murder of his cousin. He at first confessed to the attack ­a fter a nine-hour interrogation by detectives. He recanted a few hours later and claimed his confession was ­coerced. ­Thibodeaux spent 15 years on death row in Angola. The reinvestigation of the case cost more than $500,000, an expense shared by the defense and prosecution. R ­ egarding his early statement to the police, Thibodeaux noted, "They look for vulnerable points where they can ­manipulate you, and if you’re sleep-deprived or panicked, or you’re on something or drunk, it makes it that much e­ asier to ­accomplish what they want to accomplish ... I was willing to tell them ­anything they wanted me to tell them if it would get me out of that interrogation room.”

joe d'ambrosio, ohio years on death row: 23 convicted: 1989 charges dismissed: 2012

On January 23, the U.S. Supreme Court ended the capital case against Joe D'Ambrosio. He has now been freed from death row with all charges dismissed. A feder­a l District Court had first overturned D'Ambrosio's conviction in 2006 because the state had withheld key ­evidence from the defense. The federal court originally allowed the state to re-prosecute him, but just before trial the state revealed the existence of even more important ­evidence and ­requested further delay. Also the state did not ­d ivulge in a time­ly manner that the key witness against ­D'Ambrosio had died.

In 2010, the District Court barred ­D’Am­brosio’s re-prosecution because of the prosecutors’ misconduct. The court concluded that these devel­opments biased D'Ambrosio's chances for a fair trial, and hence the state was barred from retrying him. District Court Judge Kathleen ­O'Malley wrote: “For 20 years, the State held D’Ambrosio on death row, despite wrongfully w ­ ithholding evidence that ‘would have s­ubstantially increased a reasonable j­uror’s doubt of D’Ambrosio’s guilt.’ Despite being ordered to do so by this Court ... the State still failed to turn over all ­relevant and material evidence relating to the crime of which ­D’Ambrosio was convicted.

anthony graves, texas years on death row: 16 convicted: 1994 charges dismissed: 2010

Anthony Graves was convicted in 1994 of assisting Robert Carter in multiple murders in 1992. There was no physical evidence linking Graves to the crime, and his conviction relied primarily on Carter’s testimony that Graves was his accomplice. Two weeks before Carter was scheduled to be executed in 2000, he provided a statement saying he lied about Graves’s involvement in the crime. He repeated that statement minutes before his execution. In 2006, the U.S. Court of Appeals for the Fifth Circuit overturned Graves’s conviction and ordered a new trial after finding that prosecutors elicited false statements and withheld testimony that could have influenced the jurors. “After months of investigation and talking to every witness who's ever been involved in this case, and people who've never been talked to before, after looking under every rock we could find, we found not one piece of credible evidence that links Anthony Graves to the commission of this capital murder. This is not a case where the evidence went south with time or witnesses passed away or we just couldn't make the case anymore. He is an innocent man,” Siegler said.

robert springsteen, texas years on death row: 8 convicted: 2001 charges dismissed: 2009

On October 28, 2009, Travis County, Texas, ­prosecutors moved to dismiss all charges against Michael Scott and Robert Springsteen, who had been convicted of the murder of four teens in an Austin yogurt shop in 1991. ­Sophisticated DNA analysis of evidence from the crime scene did not match either defendant and the prosecution announced it was not prepared to go to trial. The judge accepted the state's motion to dismiss all charges.

Prosecutors are still trying to match the DNA from crime with a new defendant.

yancy douglas, oklahoma paris powell, oklahoma years on death row: 22 convicted: 1995 (douglas), 1997 (powell) charges dismissed: 2009

Oklahoma District Attorney David Prater dropped charges against Yancy Douglas and Paris Powell a­ fter ­deciding the state's key witness was unreliable. ­“Ethically, and on my duty, I could not proceed in this case and had to d­ ismiss it,” Prater said. Derrick Smith, a ­rival gang ­member to the defendants and the state's main witness, was one of the apparent targets in the shooting. A federal appeals court in 2006 found that Smith had received a deal from the prosecutors that was not revealed to the defense and overturned the conviction of Powell but denied relief to Douglas. Smith testified against Powell and Douglas in their separate trials, but later admitted he never saw who shot him, that he was drunk and high that night, and that he testified only because prosecutors had threatened him with more prison time.

michael toney, texas years on death row: 10 conviction: 1999 charges dismissed: 2009

Toney was released from jail on September 2, 2009 after the state dropped all charges against him for a 1985 ­bombing that killed three people. The Texas Court of Criminal Appeals overturned Toney’s conviction on December 17, 2008 because the prosecution had suppressed evidence relating to the credibility of its only two witnesses. The Tarrant County District Attorney’s ­Office subsequently withdrew from the case based on the misconduct findings. In September 2009, the Attorney General's Office, which had been specially appointed to the case in the wake of Tarrant County’s withdrawal, ­d ismissed the indictment against Toney. He had consistently maintained his innocence. The case had gone unsolved for 14 years until a jail inmate told authorities that Toney had ­confessed to the crime. The inmate ­later ­recanted his ­story, ­saying he had hoped to win early ­release. The state said it is c­ ontinuing its investigation into the murders. Toney was killed in an automobile accident one month after his release. The state said it is continuing its investigation into the murders.

herman lindsey, florida years on death row: 3 conviction: 2006 acquitted: 2009

In a unanimous decision, the Supreme Court of F ­ lorida rendered a judgment of acquittal for Herman Lindsey who was convicted in 2006 of the murder of the clerk at the Big Dollar Pawn Shop, a murder that happened 12 years earlier. Since his conviction, Lindsey has been on Florida’s death row.The Court held that the evidence in the case was not sufficient to convict Lindsey. They ­noted that the case was based completely on circumstantial ­evidence and that a special standard of review applies. “[T]he State failed to produce any evidence in this case placing Lindsey at the scene of the crime at the time of the murder ... Indeed, we find that the evidence here is ­equally c­ onsistent with a reasonable hypothesis of innocence.” The Court also found that the trial court had erred in denying Lindsey’s motion for a judgment of ­acquittal at the conclusion of the presentation of evidence.

Three of the justices concurred with the Court, but went further and stated that the State’s line of questioning of the defendant during the penalty phase improperly exceeded the permitted scope of cross-­examination. “The prosecution‘s comments were not only improper, but were also prejudicial and made with the apparent goal of inflaming the jury.” These ­Justices found that the inflamatory statements made during cross-examination would have affected the jury’s ­decision to impose the death penalty.

ronald kitchen, illinois years on death row: 21 conviction: 1988 charges dismissed: 2009

Kitchen and a co-defendant were found guilty of the murders of two women and three children in 1988. His conviction was based primarily on a confession he gave to detectives under the command of discredited former Police Commander Jon Burge after hours of beating and threats by police. Prosecutors also relied on the testimony of a friend of the defendants who was in prison for burglary. This witness later r­ ecanted his testimony, and the prosecutors withheld from the ­defense that they released this witness from prison ­early in return for his testimony.

daniel wade moore, alabama years in death row: 7 conviction: 2002 acquitted: 2009

Daniel Wade Moore was acquitted of all charges by a jury in Alabama on May 14 2009. Moore was originally found guilty of the murder and sexual assault of Karen Tipton in 2002. The judge overruled the jury’s recommendation of a life sentence and instead sentenced him to death in ­January 2003, calling the murder one of the worst ever in the county. A new trial was ordered in 2003 because of evidence withheld by the prosecution.

A second trial in 2008 ended in a mistrial with the jury deadlocked at 8-4 for acquittal. Judge Glenn ­Thompson, who o ­riginally s­entenced Moore to death, ordered a ­retrial upon ­d iscovery that the prosecution had withheld important evidence.

paul house, tennessee years on death row: 23 conviction: 1986 charges dismissed: 2009

The state of Tennessee dropped all charges against House, who was charged with the 1985 murder of Carolyn Mun­ cey. Biological evidence from the victim's clothes used against him at trial was later found through DNA testing to belong to Muncey's husband. In 2006, the Court held that no reasonable juror would have found House guilty based on this new evidence, thus entitling him to raise ­constitutional issues that then led to a reversal of his conviction. In 2008, a Tennessee judge ordered House released from prison, pending a new trial. The state d­ ismissed all charges on May 12, 2009 while e­ xpressing reservations about House's complete innocence.

nathson fields, illinois years on death row: 11 conviction: 1986 acquitted: 2009

Nathson Fields, 55, and a co-defendant were sentenced to death for the 1984 murders of two rival gang members.

The original trial, however, was marred by corruption, as the the judge in the case, Circuit Judge Thomas Maloney, accepted a $10,000 bribe during the trial. Thomas Malone was ultimately convicted and spent 13 years in prison for fixing murder trials. As a result, Fields and co-­defendant Earl Hawkins were granted new trials in 1998. Fields spent almost twenty years in prison, including 11.5 years on death row. He was released on bond in 2003 while awaiting retrial. This is the 19th exoneration from death row in Illinois since 1973.

michael blair, texas yeaers on death row: 14 conviction: 1994 charges dismissed: 2008

Michael Blair was sentenced to death for the 1993 murder of 7-year old Ashley Estell. In May 2008, ­following a re-investigation of the case by the ­Collin ­County prosecutor's office, District Attorney John Roach ­announced that in light of the results of advanced DNA testing and the absence of any other ­evidence linking him to the crime, Mr. Blair's ­conviction could no longer be upheld. The Texas Court of Criminal ­Appeals upheld the decision of the Collin County trial court that: “The post conviction DNA results and the evidence discovered in the State's new investigation have substantially eroded the State's trial case against [applicant]. This new evidence in light of the remaining inculpatory evidence in the record, has established by clear and convincing evidence that no reasonable j­uror would have convicted [applicant] in light of ­newly discovered evidence.” All charges against Mr. Blair in this case were dismissed in August 2008. He remains in prison serving out life sentences for other crimes.

levon “bo” jones, north carolina years on death row: 13 conviction: 1993 charges dismissed: 2008

The state of North Carolina dropped all charges against Levon Jones, and he was freed May 2, 2008 after spending 13 years on death row. Jones was ­convicted of robbing and shooting a bootlegger named L ­ eamon Grady.U.S. District Court Judge ­Terrence Boyle ­overturned Jones's conviction, but he was held in ­prison awaiting a possible retrial. Jones's new d­ efense team filed an affidavit in which key witness Lorden said, “Much of what I testified to was simply not true.” She also stated that a detective coached her on what to say. Additionally, she collected $4,000 from the governor's office for offering the clues that led to the ­a rrest of Jones. Duplin County District Attorney Dewey Hudson decided to ask the judge in the case to drop all charges.

glen edward chapman, north carolina years on death row: 14 conviction: 1994 charges dismissed: 2008

Glen Edward Chapman, a North Carolina man who was sentenced to death for the 1992 murders of Betty Jean Ramseur and Tenene Yvette Conley, was r­eleased from death row on April 2, 2008 after prosecutors dropped all charges against him. In 2007, North ­Carolina ­Superior Court Judge Robert C. Ervin granted Chapman a new trial, citing withheld ­evidence, “lost, misplaced or destroyed” documents, the use of weak, circumstantial ­evidence, false testimony by the lead investigator, and ­ineffective assistance of defense counsel. There was also new information from a forensic pathologist that raised doubts as to whether Conley’s death was a homicide or caused by an overdose of drugs.

Judge Ervin found fault with Chapman’s defense attorneys at the original trial in 1994, one of whom has been ­d isciplined by the North Carolina State Bar. The other defense attorney, Thomas Portwood, admitted ­d rinking 12 shots of alcohol per day during a different death ­penalty trial. The defendant in that case, Ronald Frye, was ­executed in 2001.

kennedy brewer, mississippi years on death row: 12 conviction: 1995 charges dismissed: 2008

Kennedy Brewer, who spent 12 years on Mississippi’s death row for the 1992 murder and rape of his girlfriend’s 3-year-old daughter, has been exonerated of the ­charges, and another man, Justin Johnson, has been arrested for the same crime. A 2001 investigation by the Innocence Project found that the semen on the victim’s body did not match Brewer’s DNA, but did match Johnson’s. ­Johnson was a suspect early in the case, and his blood was ­collected and preserved in the Mississippi State Crime Laboratory for more than 10 years. Despite the results of the 2001 DNA testing, the Mississippi Supreme Court denied Brewer’s request for a new trial in 2002. Brewer ­eventually won a retrial from a Lowndes County judge.

jonathon hoffman, north carolina years on death row: 12 conviction: 1995 charges dismissed: 2007

Prosecutors in North Carolina on December 11, 2007 dropped all charges against Jonathon Hoffman, who had been convicted and sentenced to death for the 1995 ­murder of a jewelry storeowner. Hoffman won a new trial in 2004 because information favorable to Hoffman was withheld from the defense. During Hoffman’s first trial, the state's key witness, Johnell Porter, received immunity from federal charges for testifying against his ­cousin. In fact, Porter received thousands of dollars for his ­testimony. Neither the defense ­attorney nor the judge knew of this deal—an omission that ­resulted in the criminal i­nvestigation of Ken Honeycutt and Scott Brewer, the prosecutors in the original trial. Porter has since ­recanted his testimony, stating that he lied in order to get back at his cousin for stealing money from him.

Defense attorney Joseph Cheshire ­stated, “I think in the last five to six years, there's a fairly well-demonstrated pattern of wrongful convictions in North ­Carolina that are only now coming to light because of our new open discovery law.”

michael l. mccormick, tennessee years on death row: 16 conviction: 1987 acquitted: 2007

In 2007 Tennessee jury acquitted Michael Lee McCormick of the 1985 murder of Donna Jean Nichols, a crime for which McCormick spent 16 years on death row. In his first trial, the prosecution introduced hair evidence from Nichols’ car that the FBI said matched McCormick. DNA testing later found that the hair did not match McCormick and this evidence was not permitted in the new trial.

Two years after his conviction, evidence surfaced that an ­u ndercover officer had secretly recorded Mr. McCormick’s confession during a fake car theft. In his closing statement, Mr. Mc­Cormick’s attorney emphasized the prosecution’s reliance on a recorded confession by a man who “they knew to be an alcoholic and a notorious liar.”

A juror, Anita Jinette admitted after the trial that McCormick’s reputation as a liar was important due to the fact that “we basically had nothing except his confession”.

curtis edward mccarty, oklahoma years on death row: 16 conviction: 1986 charges dismissed: 2007

Curtis McCarty was released in May 2007 after ­District Court Judge Twyla Mason Gray ordered that the ­charges against him be dismissed. McCarty had spent the last 22 years behind bars for the murder of a police officer’s daughter in 1982; he spent 16 of those years on ­Oklahoma’s death row. Judge Gray ruled that the case against M ­ cCarty was tainted by the questionable ­testimony of former police chemist Joyce Gilchrist, who gave improper expert testimony about semen and hair ­evidence during McCarty's trial. Witness Gilchrist falsely testified that hairs and other biological evidence showed that McCarty could have been the killer. In both trials, the juries convicted him and he was sentenced to death.

In Gilchrist’s original notes, hairs from the crime scene did not match McCarty. She then changed her notes to say the hairs did match him. When the defense requested retesting, the hairs were lost. A judge has said Gilchrist either destroyed or willfully lost the hairs. DNA testing in recent years has also shown that another person raped the victim. McCarty's has maintained his innocence since his arrest.

john ballard, florida years on death row: 3 conviction: 2003 acquitted: 2006

The Florida Supreme Court unanimously overturned the conviction of death row inmate John Robert B ­ allard and ordered his acquittal in the 1999 murders of two of his acquaintances The Court concluded that the circumstantial evidence against Ballard was insufficient to sustain his conviction. The state’s primary evidence p­ resented against Ballard was a hair and a fingerprint, both of which he could have left during his many visits to the ­v ictims' apartment. Bloody finger­prints and 100 other hair s­ amples were found associated with the crime scene, none of them belonging to B ­ allard, who has always maintained his i­nnocence. The Supreme Court’s acquittal in this case was rare. In fact, since 1976 the Florida Supreme Court has ­acquitted only three people of all charges.

harold wilson, pennslyvania years on death row: 10 conviction: 1989 acquitted: 2005

More than 16 years after a Pennsylvania jury returned three death sentences against Harold Wilson, new DNA evidence has lead to his acquittal. Wilson was arrested for the slayings of Dorothy Sewell, 64; her nephew, Tryone Mason, 33; and Mason’s girlfriend, Cynthia Goines Mills, 40. Police testified that they found a jacket spattered with the victims’ blood in the basement of Wilson’s home.

Wilson was convicted and sentenced to death.

In 1999 a subsequent appeal led the Pennsylvania S­ upreme Court to demand a new hearing in light of evidence that McMahon used racially discriminatory practices in jury selection. In 2003, a trial court found that McMahon had improperly exercised his peremptory strikes to eliminate potential black jurors and granted Wilson a new trial. The new jury acquitted Wilson of all charges. The defense ­relied heavily on new DNA evidence, which revealed that blood from the crime scene did not come from W ­ ilson or any of the victims, thereby suggesting the involvement of ­a nother assailant.

derrick jamison, ohio years on death row: 17 conviction: 1985 charges dismissed: 2005

On death row for 17 years, Jamison was a granted a new trial in 2002 when a court ruled that the prosecution had withheld critical eyewitness statements and ­other ­evidence from the defense. Jamison was originally c­ onvicted and sentenced to death in 1985 based in part on the testimony of Charles Howell, a co-defendant who received a lesser sentence in exchange for his ­testimony against Jamison.

The prosecution withheld statements that contradicted Howell’s testimony and that would have undermined the prosecution’s theory of how the victim died. and would have pointed to other possible suspects for the murder.

One of the withheld statements involved James Suggs, an eyewitness to the robbery. Suggs testified at trial that he had been unable to make a positive ­identification when the police showed him a photo array of suspects. In fact, police records show that Suggs identified two suspects, neither of which was Derrick Jamison. The co-­defendant, Howell recently testified that he could not remember ­a nything about the crime, and state prosecutors decided not to proceed against Jamison. He remains incarcerated on other unrelated charges.

ernest ray willis, texas years on death row: 17 conviction: 1987 charges dismissed: 2004

Ernest Ray Willis was sentenced to death for the 1986 deaths of two women who died in a house fire that was ruled an arson. Seventeen years later, Pecos County District Attorney Ori T. White revisited the case after a federal judge overturned Willis' conviction. Despite limited evidence, Willis was indicted for m ­ urder and arson. Prosecutors used Willis' dazed mental state at trial - the result of state-administered medication - to characterize Willis as “coldhearted” and as a ­“satanic demon.” Willis' court-appointed lawyers, one of whom later surrendered his law license following drug charges, offered little defense. The ­attorneys spent a total of three hours with Willis, and as a ­result, Willis was found guilty and sentenced to death.The state's new arson specialist revealed, however, that the “­ accellerant” initially suspected of causing the fire was in fact “flashover burning” consistent with electrical fault fires. U.S. District Judge Royal Ferguson held that the state had administered medically inappropriate antipsychotic drugs without Willis' consent; that the state supressed evidence favorable to Willis; and that Willis received ineffective representation at both the guilt and sentencing phases of his trial. He ordered the state to either free Willis or retry him. The state ­attorney general's office declined to appeal, and prosecutors dropped all charges against Willis. White, whose predecessors prosecuted Willis, said that Willis “simply did not do the crime. ... I'm sorry this man was on death row for so long and that there were so many lost years.” Willis, who had no prior record, was released on October 6, 2004 with $100, ten days of medication, and the clothes on his back.

ryan matthews, louisiana years on death row: 5 conviction: 1999 charges dismissed: 2004

Shortly after his 17th birthday, Matthews was a­rrested for the murder of a local convenience store o ­wner.

Three i­ndividuals interviewed by police were u ­ nable to ­definitively identify Matthews, and w ­ itnesses described the murderer as short - no taller than 5'8". ­Matthews is at least 6 feet tall. Matthews' court appointed trial attorney was unprepared, and unable to handle the DNA evidence.

On the third day of the trial, the judge ordered closing arguments, and sent the jury to deliberate. When they could not agree on a v­ erdict after several hours, the judge ordered the jury to resume d­ eliberations until a verdict was reached. Less than an hour later, the jury returned a guilty verdict and Matthews was sentenced to death two days later. In March 2003, Matthews' attorneys had the physical evidence re-tested. The DNA r­esults e­ xcluded Matthews, and this time they pointed directly to another ­individual - one serving time for a murder that happened a few months after the convenience store murder and only blocks away. In April of 2004, based on the new DNA testing and findings that the prosecution suppressed evidence, District Attorney Paul Connick agreed that M ­ atthews was entitled to a new trial. Matthews was officially exonerated on August 9, 2004 when C ­ onnick dropped all of the charges against him. Prosecutors conceded that charges should never have been brought and stated that Matthews’ exoneration was “in the ­interest of justice.”

dan l. bright, louisiana years on death row: 8 conviction: 1996 charges dismissed: 2004

In 1996, Dan L. Bright was convicted of first-degree murder in Louisiana and was sentenced to death. In 2004 the Supreme Court of Louisiana reversed Bright's conviction, vacated the sentence, and remanded for a new trial holding that the state suppressed material ­evidence regarding the criminal history of the prosecution's key witness, Freddie Thompson. The court ­noted that there was no physical evidence against Bright, and that Thompson's testimony was the only evidence that served to convict him. Thompson was very drunk on the day of the crime. Moreover, the prosecution failed to disclose that he was a convicted felon and in violation of his parole. The prosecution subsequently dismissed all charges and Bright was freed.

laurence adams, massachusetts years on death row: 30 conviction: 1974 charges dismissed: 2004

Laurence Adams left a Massachusetts prison 30 years a­ fter his conviction for the 1972 robbery and murder of a transit worker in Boston. Superior Court Judge Robert Milligan overturned Adams’ conviction in 2004 ­because police had withheld important evidence. ­Adams had been convicted at age 19 on the ­testimony of two witnesses, both of whom had unrelated c­ harges against them dropped after their testimony. The ­government's key witness testified that Adams had a­ dmitted to the offense in a discussion in a private home, but subsequently discovered records ­indicated that the witness was actually incarcerated at the time that he alleged the conversation took place.

The ­w itness was in fact incarcerated with one of a pair of brothers who were suspects in the case. The second witness recanted her testimony against Adams just p­ rior to her death.

gordon “randy” steidl, illinois years on death row: 17 conviction: 1987 charges dismissed: 2004

Gordon “Randy” Steidl was freed from an Illinois prison 17 years after he was wrongly convicted and sentenced to death for the 1986 murders of Dyke and Karen Rhoads.

An Illinois State Police analysis in 2000 found that local police had severely botched their i­nvestigation, resulting in the wrongful conviction of Steidl and his co-defendant Herbert Whitlock.

alan gell, north carolina years on death row: 6 conviction: 1998 acquitted: 2004

Alan Gell was arrested for a 1995 robbery and murder of a retired truck driver named Allen Ray Jenkins. The two key witnesses presented by prosecutors were Gell's ex-girlfriend and her best friend, who were both teenagers. In 2002, a State Superior Court Judge found that the prosecutors withheld evidence “favorable” to Gell, and vacated Gell's conviction. Prosecutors withheld evidence including an audio tape of one of the girls saying she had to “make up a story” about the murder. On February 18, 2004, a jury found Gell not guilty on all counts, and he left the court with his family.

nicholas yarris, pennsylvania years on death row: 21 conviction: 1982 charges dismissed: 2003

In 1981, Nicholas Yarris was in jail on a minor charge when he learned of the murder of 32-year-old ­Linda Mae Craig in Delaware County, Pennsylvania. Yarris believed that he would be freed if he could tell ­investigators he knew the killer's identity. Yarris gave investigators a wrong name, believing he could blame the murder on a dead associate. Police leaked to other inmates that Yarris was a snitch, and Yarris endured days of regular beatings and torture. In an effort to save himself, Yarris asked what would happen if he had participated in the crime, but was not the murderer. The beatings stopped, and Yarris was charged with capital murder. A fellow ­inmate made a deal with the DA and began exchanging false information about Yarris in exchange for conjugal visits and reduced sentencing with the DA. Yarris was found guilty, and sent to death row. On appeal, a federal judge approved a m ­ otion by prosecutors to have evidence from the case tested and the DNA evidence was finally ­independently tested in 2000 by arrangement with the Pennsylvania ­Federal ­Defender Office, and the results of 3 tests e­ xcluded Yarris based on evidence from the crime scene. A Philadelphia Common Pleas judge vacated his conviction and ordered a new trial. Yarris remains in ­custody, however, serving a sentence for the crimes committed during a 1985 escape in Florida.

joseph amrine, missouri years on death row: 17 conviction: 1986 charges dismissed: 2003

Amrine has maintained his innocence since the alleged incident, and investigators were never able to find any physical evidence linking Amrine to the crime. Amrine was convicted for murder mainly because of the testimony of fellow inmates, three of whom later recanted their testimony, admitting that they lied in exchange for protection. Six other prisoners testified that Amrine had been playing cards elsewhere in the prison when Barber was fatally stabbed. The Missouri Supreme Court originally ordered Amrine released in April of 2003, citing the alarming fact that there was not credible evidence to uphold the conviction or the death sentence.

gary lamar james, ohio years on death row: 27 convicted: 1976 charges dismissed: 2003

Timothy Howard and Gary James were arrested in ­December, 1976 for a Columbus, Ohio bank r­obbery in which one of the bank guards was murdered. Both men maintained their innocence throughout the ­trial.

With funding from Centurion Ministries of New J­ersey, ­Howard and James were subsequently able to ­uncover new evidence not made available to their defense ­attorneys at the time of their trial, including conflicting ­w itness statements and fingerprints. James agreed to and passed a state-administered ­polygraph test, prompting Franklin County prosecutor Ron O'Brien to dismiss all charges “in the interest of ­justice.”

timothy howard, ohio years on death row: 17 convicted: 1976 charges dismissed: 2003

Timothy Howard was released from prison on April 23, 2003 when Franklin County Common Pleas Judge M ichael H. Watson overturned his conviction citing ­ ­evidence not disclosed or available during the 1977 trial.

Howard was able to uncover new fingerprint e­ vidence and conflicting witness statements made to the FBI that were not made available to defense a­ ttorneys during the his trial in 1977. Howard Spent 26 years b­ ehind bars, a portion of which time he spent on Ohio’s death row.

john thompson, louisiana years on death row: 18 conviction: 1985 acquitted: 2003

In 1999, just five weeks before his scheduled execution, Thompson's attorney discovered crucial blood analysis evidence that undermined information used to influence the jury's decision to send Thompson to death row. The blood evidence, which had been improperly withheld by the State, cleared Thompson of a robbery conviction. It was that conviction that kept Thompson from testifying on his own behalf at the murder trial. In 2001, trial judge Patrick Quinlan vacated Thompson's capital sentence, stating that the e­ rroneous ­robbery conviction had likely influenced the jury's decision to send Thompson to death row. Thompson remained in jail under a sentence of life without parole. John Thompson was sentenced to death in 1985 following his conviction for a New Orleans murder. Thompson, who has maintained his innocence since his arrest, was released from prison on May 9, 2003. In a later appeal to the 4th Circuit Court of Appeal of Louisiana, the court ruled that Thompson was “denied his right to testify in his own behalf based upon the improper actions of the State in the other case.” In addition, jurors heard testimony from an eye-witness who insisted that it was not John Thompson whom she saw kill the v­ ictim.

They also heard testimony that another man, Kevin Freeman, was the actual killer. Freeman was originally charged with the murder, but arranged a plea agreement with prosecutors and implicated Thompson.

wesley quick, alabama years on death row: 6 convicted: 1997 acquitted: 2003

An Alabama jury has acquitted death row inmate ­Wesley Quick of the 1995 double murder for which he was ­sentenced to death in 1997. The verdict marked the end of the third trial for. Quick’s first trial ­ended in a mistrial in May 1997 due to allegations of ­juror misconduct. ­During his second trial, Quick was convicted of the murders and sentenced to die. Quick was charged with the shooting of John Hughes and Nathan King, on O ­ ctober 26, 1995 in the presence of a female a­ cquaintance, and then picking up his friend, Jason Beninati. According to Beninati, Quick drove to the scene of the crime and showed him the bodies of his victims. ­Beninati testified against Quick at the 1997 trial. However, at the latest trial, Quick ­testified that it was ­actually Beninati who was responsible for the murders, and the one who had disposed of the murder weapon.

lemuel prion, arizona years on death row: 4 convicted: 1999 charges dismissed: 2003

On March 14, 2003, the Pima County (Arizona) Attorney's Office dismissed all charges against death row ­inmate Lemuel Prion, who had been convicted of murdering Diana Vicari in 1999. In August 2002, the Arizona Supreme Court unanimously overturned his conviction, stating that the trial court committed reversible error by excluding evidence of another ­suspect. According to the Supreme Court,“There was no physical evidence identifying Prion as her killer,” and the trial court abused its discretion in not a­ llowing the defense to submit ­evidence that a third ­party, John Mazure, was the actual k­ iller.

Mazure, who was also a suspect in the murder, was ­ known to have a ­v iolent temper, saw Vicari the night of her disappearance, c­ oncealed information from the police when they questioned him, and “appeared at work the next morning after Vicari's disappearance so disheveled and disoriented that he was fired.” The Arizona Supreme Court held that the third-party evidence “supports the notion that Mazure had the opportunity and motive to commit this crime....”

rudolph holton, florida years on death row: 16 conviction: 1986 charges dismissed: 2003

Holton's conviction for a 1986 rape and murder was overturned in 2001 when a Florida Circuit Court held that the state withheld exculpatory evidence from the defense that pointed to another perpetrator. The court also found that new DNA tests contradicted the trial testimony of a state's witness. Prosecutors announced in January 2003 that the state was dropping all charges against Holton, who had spent 16 years on death row.

stanley howard, illinois years on death row: 16 conviction: 1987 pardoned: 2003

Stanley Howard was convicted in 1987 of the ­murder of Oliver Ridgell. (Chicago Tribune, January 10, 2003). ­ Ridgell was shot while sitting in his car with ­Tecora ­Mullen. Mullen, who was unharmed, identified H ­ oward as the shooter. Howard always m ­ aintained that his c­ onfession was obtained by police ­torture. Howard was pardoned by ­Governor Ryan, and s­ubsequently removed from death row but remains incarcerated for an unrelated offense.

leroy orange, illinois years on death row: 17 conviction: 1984 pardoned: 2003

Leroy Orange was convicted in 1985 of four counts each of murder and concealment of a homicidal death. He was found guilty and sentenced to death largely on the basis of his confession. Orange later stated that his confession was obtained by police torture and that he was innocent. However, the Illinois Supreme Court stated that there was “no evidence of physical trauma, and no witnesses were available to support the defendant’s allegations of abuse, despite the testimony of a pathologist who asserted that the Orange’s description of his confession was “consistent with someone who had been tortured.”

At Orange's trial, his half-brother, Leonard Kidd, t­ estified that, although Orange was at the victims' apartment earlier in the evening, he left before the murders and took no part in the crime. Kidd even t­ estified that he was solely responsible for the murders. Shirely Evans, a friend of ­Orange, testified that Orange was with her the night of the murders. Nevertheless, Orange was sentenced to death, a fact that might be largely attributed to ineffective assistance of counsel. At trial, Orange was represented by attorney Earl Washington, who was paid only $400 to represent Orange and who had three Attorney Registration and Disciplinary Commission (ARDC) charges pending at the time of Orange's trial. The Chicago Tribune singled out Washington for his ineptitude, noting that the state filed new ­d isciplinary charges against him. Those charges alleged that Washington's representation of Orange and others “amounted to professional misconduct.”

madison hobley, illinois years on death row: 16 conviction: 1987 pardoned: 2003

Madison Hobley was convicted of setting fire to an apartment building in 1987 that claimed the lives of seven ­tenants, including his wife and child. Hobley maintained his innocence, claiming that his confession was the product of police torture. Hobley's trial was marred by prosecutiorial and juror misconduct. The Court r­ emanded the case for an evidentiary hearing on the issue of w ­ hether prosecutors violated Hobley's constitutional rights by withholding evidence, and on the issue of ­whether the ­jurors were intimidated ­during d­ eliberations. In ­remanding the case, the Court stated: “we stress that we are d­ eeply troubled by the nature of the allegations in this case.”

aaron patterson, illinois years on death row: 17 conviction: 1986 pardoned: 2003

Aaron Patterson spent 17 years on death row and ­a lways maintained his innocence in the stabbing deaths of an elderly couple in 1986. During his pre-trial interrogation, Patterson etched the following words on an interrogation room bench: I lied about murders ­police threatened me with violence slapped and suffocated me with plastic...

There was no physical e­ vidence ­tying Patterson to the crime, and fingerprints recovered from the scene did not belong to him. In ­addition, Patterson's former girlfriend testified that she was with Patterson on the night the of the murders. After ­Patterson's conviction, Marva Hall swore in an ­a ffidavit that prosecutors pressured her into implicating Patterson. “It was like I was reading a script,” she said of her testimony.

aaron patterson madison hobley leroy orange stanley howard

Illinois Governor Pardons Four Death Row Inmates Based on Innocence On January 10, 2003, Illinois Governor George Ryan granted four pardons based on innocence. The men pardoned, , were all members of the "Death Row 10," a group of Illinois death row prisoners who claimed that they were the victims of police torture. The four pardoned men maintained that their confessions were given only after they were beaten, had guns pointed at them, were subjected to electric shock, or were nearly suffocated with typewriter covers placed over their heads. In 2002, a special prosecutor was named to conduct a broad inquiry into the allegations from more than 60 suspects who, like the Death Row 10, claimed that they were t­ ortured by former Chicago Police Commander Jon Burge or his d­ etectives at the Burnside Area Violent Crimes headquarters in Chicago during the 1980s. Jon Burge was fired by the Chicago Police Board in 1993 for his role in the torture of another prisoner. Governor Ryan examined the cases of all the Illinois death row inmates and selected these four for pardons based on their coerced confessions and other information. Governor Ryan commuted the death sentences of 167 other inmates, but did not pardon them.

larry osborne, kentucky years on death row: 3 conviction: 1999 charges dismissed: 2002

Larry Osborne, at one time the youngest man on Kentucky’s death row, was freed after a jury acquitted him in a second trial of murdering an 82-year old man and his 76year old wife in 1997. Joe Reid, 15, a friend who t­ estified he had seen Osborne break into the couple’s home and later come out with a pocketful of cash, drowned several months before Osborne’s trial. Reid testified b­ efore a grand jury, which ­subsequently ­i ndicted Osborne on charges of murder, robbery, burglary and arson. ­Osborne’s attorneys objected to ­having Reid’s testimony used at ­t rial, asserting that his testimony was tantamount to hearsay because the dead teen could not be cross-­examined. The trial judge ­d isagreed and Osborne was sentenced to death f­ollowing his conviction. The Kentucky Supreme Court disagreed with the trial judge, and in a unanimous opinion, reversed Osborne’s conviction citing the use of inadmissible hearsay testimony. The second jury to hear his case acquitted Osborne of all charges, and he was freed immediately.

Osborne was only 17 at the time of the crime, and ended up on death row despite the lack of physical evidence.

thomas h. kimbell, jr., pennsylvania years on dath row: 4 conviction: 1998 acquitted: 2002

Thomas H. Kimbell was sentenced to death in 1998 following his conviction for the murder of Bonnie ­ ­Dryfuse, her two daughters, and her niece. All four were stabbed multiple times and had their throats slashed in the Dryfuse family’s rural trailer home. Kimbell, a onetime crack addict, was convicted of the murders despite the fact that the police found no eyewitnesses or physical evidence linking him to the crime. The Pennsylvania Supreme Court overturned his conviction in 2000 citing the unfair exclusion of evidence that would have shed light on Kimbell’s i­nnocence. The excluded evidence would have placed the husband of one of the victims at home, the scene of the crime, shortly before the murders. Kimbell maintained his innocence throughout his incarceration, ­despite testimony from witnesses that he had been near the scene of the crime shortly before the murders and ­despite the testimony of several individuals, including three jailhouse informants, that he had a­ dmitted committing the murders. At the retrial, jurors heard both possible versions of the crime. In addition, one of the jailhouse informants had passed away and ­a nother recanted his earlier testimony, saying he had been p­ ressured into giving it. After deliberating for more than a day, the jury found Kimbell, 40, not guilty on all charges.

ray krone, arizona years on death row: 10 conviction: 1992 charges dismissed: 2002

On April 8, 2002, Ray Krone was released from prison in Arizona after DNA testing showed that he did not commit the murder for which he was convicted 10 years earlier. Krone was first convicted in 1992, based largely on circumstantial evidence and testimony that bite marks on the victim matched Krone's teeth. He was sentenced to death. Krone's post-conviction ­defense attorney, Alan Simpson, obtained a court o ­ rder for DNA tests. The ­results not only ­exculpated Krone, but they pointed to another man, Kenneth Phillips, as the assailant.

juan roberto melendez, florida years on death row: 18 conviction: 1984 charges dismissed: 2002

Melendez spent nearly 18 years on Florida's death row before Linda McDermott, a young death ­penalty ­attorney with the Capital Collateral Regional Counsel, took an interest in his case. In December 2001, Florida Circuit Court Judge Barbara Fleischer overturned Melendez's capital murder conviction after d­ etermining that prosecutors in his original trial withheld critical evidence, thereby undermining confidence in the original ­verdict.

The judge noted that no physical evidence linked ­Melendez to the crime. The state had used the testimony of two witnesses whose credibility was later challenged with new evidence. (Associated Press, 12/5/01) Following the reversal of the conviction, prosecutors announced the state's ­decision to abandon charges against Melendez.

charles irvin fain, idaho years on death row: 18 conviction: 1983 charges dismissed: 2001

Charles Irvin Fain spent over 18 years on Idaho's death row, was freed with all charges dismissed in 2001.

A lthough Fain always maintained his innocence, he ­ was convicted and sentenced to death for the February 1982 kidnapping, sexual assault and drowning of 9-yearold Daralyn Johnson. With the help of new a­ttorneys, Fain was able to get the physical evidence tested under a new DNA testing process. Results of those tests not only ­excluded Fain, but pointed to two other suspects. The US District Court judge who originally would not consider Fain's innocence claims ­vacated the conviction on July 6, 2001 and ordered prosecutors to either retry or release Fain. Canyon County District Attorney David Young announced that the state would not retry Fain, who was released from the maximum-security facility in Boise, Idaho on August 23, 2001.

jeremy sheets, nebraska years on death row: 4 conviction: 1997 charges dismissed: 2001

Jeremy Sheets was released after the U.S. Supreme Court declined to hear an appeal of a Nebraska ­Supreme Court decision overturning his conviction. Prosecutors then dropped the charges against him. In September, 2000, the Nebraska high court unanimously ruled that a tape recording made by an a­ lleged accomplice who committed suicide prior to the trial was the kind of statement deemed “highly suspect,” “inherently unreliable,” and hence inadmissible without the opportunity for Sheets to cross-examine. The statements (later recanted) were made by Adam B ­ arnett, who was arrested for the 1992 rape and m ­ urder of the same victim as in Sheets' case.

Barnett confessed to the crime and implicated Sheets. In exchange for the taped statement, Barnett received a plea bargain in which he avoided a charge of first degree murder, did not have an a­ dditional weapons charge filed, and ­received a commitment for his safety while ­i ncarcerated.

Barnett's ­statement was the key evidence used against Sheets at trial.

joaquin martinez, florida years on death row: 4 conviction: 1997 acquitted: 2001

Former death row inmate Joaquin Martinez was acquitted of all charges at his retrial for a 1995 murder in Florida. Martinez's earlier conviction was overturned by the ­F lorida Supreme Court because of improper statements by a police detective at trial. The prosecution did not seek the death penalty in Martinez's second trial after key prosecution witnesses changed their stories and ­recanted their testimony. An audio tape of alleged incriminating statements by Martinez, which was used at the first t rial, was ruled inadmissible at retrial because it was ­ ­inaudible. The new jury, however, heard evidence that the transcript of the i­naudible tape had been prepared by the ­v ictim's ­father, who was the manager of the sheriff 's ­office evidence room at the time of the murder and who had offered a $10,000 ­reward in the case. Both the Pope and the King of Spain had tried to intervene on behalf of ­Martinez, who is a Spanish national.

gary drinkard, alabama years on dath row: 6 conviction: 1995 charges dismissed: 2001

Drinkard was sentenced to death in 1995, but his conviction was overturned by the Alabama Supreme Court in 2000. A team of lawyers and investigators from Alabama and the Southern Center for Human Rights in Atlanta spent hundreds of hours preparing for the case and were able to prove that Drinkard was at home at the time the crime was committed.

peter limone, massachusetts years on death row: 33 conviction: 1968 charges dismissed: 2001

Thirtythree years after being convicted and sentenced to death for a 1965 murder, Peter Limone's conviction was been overturned and the case against him officially dropped. The move came as a result of a Justice Department task force's discovery of compelling new evidence that Limone and his co-defendants Joseph Salvati, ­Henry Tamelo, and Louis Greco were actually innocent of the murder of Edward Deegan. ­Salvati, who was released from prison in 1997 when the governor commuted his sentence, received word from prosecutors that they were dropping the case against him as well. Tamelo and Greco both died in prison. At trial, the main witness against the four men was J­ oseph Barboza, a hit man cooperating with prosecutors, who later admitted that he had fabricated much of his testimony.

albert burrell, louisiana years on death row: 13 conviction: 1987 charges dismissed: 2000

After spending 13 years on death row, Michael ­Graham was released from the Louisiana State ­Penitentiary at A ­ ngola on December 28, 2000 after the Louisiana A ­ ttorney G ­ eneral dismissed charges against him and his co-defendant Albert Burrell. Graham and Burrell were sentenced to death in 1987 for the murder of an elderly couple. Earlier this year, a judge threw out their convictions because of a lack of physical evidence and suspect witness t­estimony used at trial. During the trial, prosecutors withheld key information from the defense, failed to produce any ­physical evidence, and relied only on witness testimony, which has since been discredited. DNA tests proved that blood found at the victims' home did not b­ elong to B ­ urrell or Graham.

The trial attorneys appointed to ­defend Burrell were later disbarred for other reasons.

frank lee smith, florida years on death row: 15 conviction: 1985 charges dismissed: 2000

Frank Lee Smith, who had been convicted of a 1985 rape and murder of an 8-year-old girl, and who died of ­cancer in January 2000 while still on death row, was cleared of these charges by DNA testing, according to an aide to Florida Gov. Jeb Bush. After the trial, the chief eyewitness ­recanted her testimony. Nevertheless, Smith was scheduled for execution in 1990, but received a stay. ­Prosecutor Carolyn McCann was told by the FBI lab which ­conducted the DNA tests that: “He has been ­excluded. He didn't do it.” Another man, who is c­ urrently in a ­psychiatric facility, is now the main suspect.

william nieves, pennsylvania yeas on death row: 6 conviction: 1994 acquitted: 2000

On October 20, 2000, William Nieves was freed from death row when a Philadelphia jury acquitted him of the 1992 murder of Eric McAiley. Nieves was convicted of the murder in 1994, but maintained his innocence. In 1997, the Pennsylvania Supreme Court held that Nieves was inadequately represented at his first trial and granted him a new trial. Nieves died on Oct. 8, 2005 from liver problems that he claimed were not properly treated while he was in prison.

earl washington, virginia years on death row: 10 conviction: 1984 commuted to life: 1994 absolute pardon: 2000

Earl Washington suffers from mental retardation. After he was arrested on another charge in 1983, police convinced him to make a statement concerning the rape and murder of a woman in Culpeper in 1982. He later recanted that statement. Subsequent DNA tests confirmed that Washington did not rape the victim, who had lived long enough to state that there was only one perpetrator of the crime.

The DNA results combined with the victim's statement all but exonerated Washington. Governor Wilder commuted Washington's sentence to life with the possibility of parole. In 2000, additional DNA tests were ordered and the ­results again excluded Washington as the rapist. In ­October 2000, Virginia Governor Jim Gilmore granted Earl Washington an absolute pardon.

joseph nahume green, florida years on death row: 7 conviction: 1993 charges dismissed: 2000

Joseph Nahume Green was convicted of the 1992 killing of the society page editor of the weekly Bradford County Telegraph, Judith Miscally, and was subsequently sentenced to death. Prosecutors dismissed charges on March 16, 2000 of the murder. Green, who has always maintained his innocence, was convicted largely upon the t­ estimony of the state's only eyewitness, Lonnie T ­ hompson. In appeals process, the Florida Supreme Court questioned Thompson’s fitness in ordering a new trial Green, citing that Thompson's testimony was “often inconsistent and contradictory.” Florida Supreme Court overturned the conviction and ordered a new trial in A ­ lachua ­County.

Circuit Judge Robert P. Cates, who had originally ­sentenced Green to die, to dismiss all charges, saying that there was no evidence tying Green to the murder.

steve manning, illinois years on death row: 7 conviction: 1993 charges dismissed: 2000

Manning was convicted and sentenced to death on the word of informant Tommy Dye, who testified that Manning twice confessed to him when they shared a jail cell.

However, secret tape recordings of the two men's conversations, made at the request of the FBI, revealed no such confession, and Manning vehemently denied c­ onfessing.

In exchange for his testimony, Dye received an 8-year reduction on his prison sentence on theft and firearms charges. Manning remains in prison on unrelated ­charges. Despite being exonerated in Illinois, ­Manning was being held in Missouri on a kidnapping conviction.

On February 26, 2004, Manning was also cleared of those charges and walked out of prison a free man. New investigations revealed that the informant who testified against Manning had received special treatment while in prison.

A federal appeals court had ordered a new trial on the ­k idnapping charges in November of 2002, but prosecutors decided instead to drop all charges.

alfred rivera, north carolina years on death row: 2 conviction: 1997 charges dismissed: 1999

Alfred Rivera, 28, was sentenced to death in the shooting deaths of Michael A. Nicholson and James E. Smith. After two years on death row, the North Carolina ­Supreme Court ordered a new trial for ­R ivera ruling that the ­trial judge should have allowed jurors to hear testimony that Rivera may have been framed. Rivera’s defense was ­bolstered when a witness came forward to testify that he had heard Antonio T. Bryant claim that he planned to blame the shootings on Rivera. Bryant was one of three men with Rivera at Nicholson’s apartment, according to some testimony. Conflicting eyewitness testimony as to whether R ­ ivera was actually at the scene of the crime, or whether he was visiting his girlfriend, was sufficient to cast doubts in the minds of the jurors, who acquitted Rivera of two counts of first-degree murder.

warren douglas manning, south carolina years on death row: 10 conviction: 1989 acquitted: 1999

Manning was convicted in 1989 for the slaying of a South Carolina police officer in 1988. The conviction was overturned in 1991 Manning was retried in 1993, but the case ended in a mistrial. Manning's third ­t rial in 1995 resulted in another conviction, but it was overturned on December 29, 1997, when the South ­Carolina Supreme Court held that the trial court abused its discretion by granting the State's motion to change venue for the selection of the jury. The Court ordered a new trial.The subsequent trial was declared a mistrial, and prosecutors pursued the case a fifth time. In 1999, at his last trial, Manning was r­ epresented by expert death penalty attorney, David Bruck. Manning maintained that although he had been arrested by the officer for driving under license suspension, Manning escaped when the officer stopped another car. The state's case was entirely circumstantial, and the jury acquitted Manning.

clarence richard dexter, missouri years on death row: 8 conviction: 1991 charges dismissed: 1999

Dexter was accused in 1990 of murdering his wife of 22 years. Police overlooked significant evidence that the murder occurred in the course of a botched robbery and quickly decided that Dexter must have committed the crime. Dexter's trial lawyer was in poor health and ­u nder federal investigation for tax fraud and failed to challenge blood evidence presented at trial. The conviction was overturned in 1997 because of prosecutorial misconduct. The defense then had the blood evidence carefully e­xamined and showed that the c­onclusions ­ presented at trial were completely wrong. On the eve of Dexter's r­ etrial in June, 1999, the prosecution dismissed the ­charges and Dexter was freed.

ronald jones, illinois years on death row: 8 conviction: 1989 charges dismissed: 1999

Jone was sentenced tio death partially on the basis of his confession, testified at trial that the police had b­ eaten the confession out of him. Jones was a homeless man with an IQ around 80 when he was convicted of the rape and murder. Prosecutors at his conviction described him as a “cold brutal rapist” who “should never see the light of day.” DNA testing revealed later that Jones was not the rapist and there was no evidence of any accomplice to the murder. The Cook ­County state's attorney filed a motion asking the Illinois ­Supreme Court to vacate Jones's conviction in 1997. In May 1999, the state dropped all charges against Jones.

ronald keith williamson, oklahoma years on death row: 11 conviction: 1988 charges dismissed: 1999

Ronald Williamson and Dennis Fritz were charged with the murder and rape of Deborah Sue Carter, which ­occurred in Ada, Oklahoma in 1982. They were ­a rrested four years after the crime. Both were convicted and ­Williamson received the death penalty. In 1997, a ­federal appeals court overturned Williamson's conviction on the basis of ineffectiveness of counsel. The Court noted that the lawyer had failed to investigate and present to the jury the fact that another man had confessed to the crime.

Recently, DNA tests from the crime scene did not match either Williamson or Fritz, but did implicate Glen Gore, a former suspect in the case. All charges against the two ­defendants were dismissed on April 15, 1999 and they were released. Williamson suffers from bipolar depression and has been hospitalized for treatment.

anthony porter, illinois years on death row: 16 conviction: 1983 charges dismissed: 1999

Porter was released in February, 1999 on the motion of the State's Attorney after another man confessed on videotape to the double 1982 murder that sent Porter to death row. Charges were filed against the other man, who claimed he killed in self-defense. The case was broken by investigator Paul Ciolino working with Prof. D ­ avid Protess and journalism students from Northwestern ­University. Their investigation also found that another witness had been pressured by police to testify against Porter. Porter came within 2 days of execution in 1998 and was only spared because the Court wanted to look into his mental competency. Porter has an IQ of 51. His conviction was officially reversed on March 11, 1999.

shareef cousin, louisiana years on death row: 3 conviction: 1996 charges dismissed: 1999

Shareef Cousin was convicted and sentenced to death for the murder of Alred Michael Gerardi in a holdup outside a French Quarter restaurant. Cousin was 16 at the time of the crime and 17 when he was sentenced to death, making him the youngest person ever sent to death row in Louisiana. The Louisiana Supreme Court overturned his conviction because of improperly withheld evidence.

District Attorney ­Harry ­Cornick Sr. decided on January 8, 1999 not to pursue the case further. Cornick Sr. said prosecutors did not have enough evidence to pursue the case. Cousin had maintained that he was at a city recreation department basketball game at the time of the crime and his coach testified that he dropped him off at home just 20 minutes after the slaying. He remains incarcerated on u ­ nrelated charges.

curtis kyles, louisiana years on death row: 14 conviction: 1984 charges dismissed: 1998

Kyles was first tried in November 1984, but the e足 nded with a hung jury and a mistrial. In his second trial, in 足December 1984, Kyles was convicted and sentenced to death. On April 19, 1995, the U.S. Supreme Court 足reversed Kyles' conviction citing prosecutorial misconduct in suppressing exculpatory evidence: The state had withheld considerable information about a paid informant who may have been the actual m 足 urderer. After ta fifth mistrial, prosecutors decided to drop charges and Kyles was released.

robert lee miller, jr., oklahoma years on death row: 10 conviction: 1988 charges dismissed: 1998

Robert Lee Miller was convicted of the rape and murder of two elderly women in 1988 and subsequently sentenced to death. In 1995, Oklahoma County prosecutors agreed to a new trial for Miller after DNA testing proved it was not Miller’s semen found on bedclothes at both crime scenes. During the original trials, prosecutors argued that this semen was Miller’s because it matched his blood type.

Despite the DNA results, prosecutors still claimed Miller was involved in the crimes. In February 1997, Oklahoma County Special Judge Larry Jones dismissed the charges against Miller, saying that there was not enough evidence to justify his continued imprisonment. One month later, Oklahoma County District Judge Karl Gray reinstated the charges in response to an appeal by the District Attorney's office; however, the prosecution ultimately decided to drop all charges and Miller was released.

randall padgett, alabama years on death row: 5 conviction: 1992 acquitted: 1997

Padgett was convicted of murdering his estranged wife in 1990 and was sentenced to death. The conviction was overturned by the Alabama Court of Criminal Appeals in 1995. There was some evidence presented that another woman had committed the crime and in 1997, Padgett was acquitted of all charges at a retrial.

christopher mccrimmon, arizona years on death row: 4 conviction: 1993 acquitted: 1997

Christopher McCrimmon was convicted and sentenced to death for a triple murder that occurred in Tucson's El Grande Market in 1992. Two other co-­defendants, ­A ndre Minnitt and Martin Soto-Fong, were also sentenced to death for the same crime. At McCrimmon's trial, one ­juror hesitated about his vote for conviction. The trial judge met with the jury, which then shortly returned a unanimous guilty verdict. The Arizona Supreme Court overturned ­McCrimmon’s conviction in 1996 because of the judge's undue pressure on the jury. Subsequently, it was discovered that the lead prosecutor against all 3 co-defendants, Kenneth Peasley, presented false evidence in the original case. With this knowledge, McCrimmon was quickly acquitted at his re-trial in 1997. In commenting on the prosecutor's deceit, the Arizona S­ upreme Court wrote: “The record is replete with evidence of Peasley's full awareness that [evidence he presented] was utterly false. Peasley's misdeeds were not ­isolated events but became a consistent pattern of prosecutorial misconduct that began in 1993 and continued through re-trial in 1997.” In 2004, the Court unanimously voted to disbar Peasley, stating that his behavior “could not have been more harmful to the justice system.” Peasley had twice been selected as the state prosecutor of the year.

robert hayes, florida years on death row: 6 conviction: 1991 acquitted: 1997

Hayes was convicted of the rape and murder of a co-­ worker based partly on faulty DNA evidence. The ­Florida Supreme Court threw out Hayes's conviction and the DNA evidence in 1995. The victim had been found clutching hairs probably from her assailant. The hairs were from a white man, whereas Hayes is black. Hayes was acquitted at a retrial in July, 1997.

ricardo aldape guerra, texas years on death row: 14 conviction: 1982 charges dismissed: 1997

Guerra was sentenced to death for the murder of a ­police officer in Houston. Federal District Judge ­Kenneth Hoyt ruled on Nov. 15, 1994 that Guerra should ­either be ­retried in 30 days or released, stating that the actions of the police and prosecutors in this case were ­“outrageous,” ­“ intentional” and “done in bad faith.” He further said that their misconduct “was designed and ­calculated to ­obtain another ... ‘notch in their guns.’” Judge Hoyt's ruling was unanimously upheld by the U.S. Court of Appeals. ­ ­ A lthough Guerra was granted a new trial, Houston District Attorney Johnny Holmes dropped ­ charges on April 16, 1997 instead. Guerra returned to his native Mexico.

roberto miranda, nevada years on death row: 14 conviction: 1982 charges dismissed: 1996

Miranda was released in September 1996 after the prosecution declined to retry him following the reversal of his conviction. Miranda had maintained his innocence through his 14 years on death row. Prosecutors offered him a plea bargain whereby he would serve as little as 10 years in prison, but he refused because he was innocent. One day after being released from death row with only the clothes on his back and a few belongings, he was incarcerated by the Immigration Service. He was subsequently released pending a deportation hearing. Clark County Senior District Judge Norman Robison overturned that case.

dennis williams, illinois years on death row: 17 conviction: 1979 charges dismissed: 1996

Williams was convicted, along with three others for the murder of a young couple in 1978. After spending 18 years in prison, Williams was released on June 14, 1996 because new evidence pointed to the fact that all four men were wrongly convicted. Much of the investigative work which led to the defendants' release was done by three journalism students. DNA tests i­ndicated that none of the four men were involved in the crime, and another man ­confessed to the murder. Charges against Williams, and two ­others who ­ received lesser ­ sentences in the same case, were dropped on July 2, 1996.

verneal jimerson, illinois years on death row: 11 conviction: 1985 charges dismissed: 1996

Jimerson was sentenced to death in 1985 for a murder which occurred in 1978. The chief witness against him was Paula Gray, who has an IQ of 57. In her original story to the police, she did not mention Jimerson. Then she added his name to her account, along with three other names, including Dennis Williams. She later recanted her entire testimony, saying the police had forced her to lie.

The original charges against ­Jimerson were dismissed, but they were resurrected seven years later when the police offered to drop some c­ harges against Gray if she would implicate Jimerson. Gray's 50 year sentence was converted to 2 years probation. In 1995, the Illinois Supreme Court unanimously reversed Jimerson's conviction, because Gray had been allowed to testify falsely about her bargain.

Jimerson was released on bond in early 1996, and charges against him were subsequently dropped.

joseph burrows, illinois years on death row: 7 conviction: 1989 charges dismissed: 1996

Joseph Burrows was sentenced to death in 1989 for the 1988 murder of an 88-year-old man, William Dulin.

Burrows spent five years on death row before a judge in Kankakee, Illinois, ordered a new trial for Burrows ­a fter key witnesses recanted their testimony. Considering that no physical evidence linked Burrows to the crime, the testimony of the eyewitnesses was crucial. He was convicted largely on the testimony of Gayle Potter and Ralph Frye, who received lighter s­entences in exchange for testifying. Ms. Potter confessed in July of 1994 that she alone had committed the murder. Mr. Frye recanted his testimony as well, claiming that prosecutors and police officers had coerced him into providing testimony.

alejandro hernandez, illinois years on death row: 10 conviction: 1985 charges dismissed: 1995

Hernandez was sentenced to death along with Rolando Cruz for the murder of Jeanine Nicarico in 1983. Hernandez was re-tried in 1990, but the trial ended in a hung jury. A third trial in 1991 resulted in a conviction and an 80 year prison sentence. Only his own indirect statements, not any direct physical evidence, linked Hernandez, who is borderline retarded, to the killing. The man who has confessed to the murder of Jeanine Nicarico, and whose DNA has been linked to the crime, has not been charged in the case.

rolando cruz, illinois years on death row: 10 conviction: 1985 acquitted: 1995

Cruz was sentenced to death for the murder of 10-year-old Jeanine Nicarico. Another man, Brian Dugan, who had already pled guilty to two rapes and murders, including that of an 8-year-old girl, authorized his lawyer to tell the prosecutors that he killed Nicarico. Cruz was convicted at a second trial in 1990, at which Dugan did not testify.

In July, 1994, the state Supreme Court overturned Cruz's second conviction. An assistant state attorney ­general ­resigned because she thought the evidence showed Cruz was innocent and thought it wrong to pursue the prosecution. Other law enforcement officials also protested the continued efforts to prosecute Cruz. Cruz was finally acquitted at his retrial in November, 1995. Three prosecutors and four law enforcement officers ­involved with the prosecution of Cruz and his co-defendant have been indicted for obstruction of justice in this case.

adolph munson, oklahoma years on death row: 10 conviction: 1985 acquitted: 1995

Adolph ‘Abe’ Munson, was convicted in 1985 for the murder of Alma Hall, who was abducted during her allnight shift at a local convenience store. Munson became a ­suspect once police realized that, at the time of the crime, he was on a work release program run by an Oklahoma prison where he was serving time for a barroom murder.

Oklahoma’s highest criminal appeals court ­u nanimously upheld a lower court ruling granting Munson a new ­t rial.

The ruling by the Criminal Court of Appeals cited a “significant amount” of ­exculpatory evidence that was kept from Munson at the original trial. The exculpatory evidence, according to Judge Charles S. Chapel, who wrote the court’s opinion, “revealed photographs of the crime scene at odds with the State’s theory of the case, r­ eports on the other suspects and impeachment evidence.”

Furthermore, Dr. Ralph Erdmann, the paleontologist ­ who presented the forensic evidence at trial, was convicted of seven felony counts including the misrepresentation of facts in other cases and stripped of his license. Munson was acquitted at a re-trial in April 1995.

kirk bloodsworth, maryland years on death row: 9 conviction: 1984 charges dismissed: 1993

Bloodswoth was convicted and sentenced to death for the rape and murder of a young girl. Despite ­a libi witnesses, he was convicted primarily on the basis of faulty eyewitness identification. When it was discovered that the state failed to disclose exculpatory e­vidence, Bloodsworth ­received a new trial, at which he was convicted and given a life sentence. He was released after subsequent DNA testing confirmed his innocence.

charles smith, indiana years on death row: 8 convicted: 1983 acquitted: 1991

Smith was sentenced to death for a street robbery and murder of a woman. The man who claimed to be the getaway driver had his charges dropped in exchange ­ for testifying against Smith. He was acquitted at his re-­ trial and released in 1991 after presenting evidence that ­w itnesses against him had lied under oath.

bradley p. scott, florida years on death row: 3 convicted: 1988 acquitted: 1991

Scott was convicted of murder and sentenced to death. His arrest came ten years after the crime, when the ­evidence corroborating his alibi had been lost. Scott was convicted on the testimony of witnesses whose identifications had been plagued with inconsistencies. On appeal, he was ­released by the Florida Supreme Court, which found that the evidence used to convict Scott was not sufficient to support a finding of guilt.

gary nelson, georgia years on death row: 11 convicted: 1980 charges dismissed: 1991

Nelson was released after a review of the ­prosecutor's files revealed that material information had been ­improperly withheld from the defense. The county district attorney acknowledged: “There is no material element of the state's case in the original trial which has not subsequently been determined to be impeached or contradicted.”

jimmy lee mathers, arizona years on death row: 3 convicted: 1987 acquitted: 1990

Jimmy Lee Mathers was convicted of first degree ­murder in 1987 and sentenced to death along with two co-­ defendants. At trial, Mathers moved for a judgment of ­acquittal at the close of the prosecution's case, maintaining that the state had not presented evidence sufficient to support a conviction. The motion was denied, and all three men were found guilty and sentenced to death.

Mathers' case was reviewed by the Arizona S­upreme ­ Court in 1990, and viewing the evidence in the light most f­avorable to the prosecution, the Court found that there was a complete absence of probative facts to support ­Mathers' conviction. The Court stated that most of the evidence presented at trial had “nothing to do with ­Mathers” and noted that even the ­trial judge expressed doubt as to whether Mathers was involved in the crime.

The Court set aside Mathers' conviction and sentence and entered a judgment of acquittal.One of Mathers' co-­ defendants, Theodore Washington, has raised a similar claim about the ­i nsufficiency of the ­evidence against him, but remains on death row.

dale johnston, ohio years on death row: 6 convicted: 1984 charges dismissed: 1990

Johnston was sentenced to death in 1984 by a 3-judge ­panel for the murder of his stepdaughter and her ­fiancee. His conviction was overturned in 1988 by the Ohio Supreme Court because the prosecution withheld ­ exculpatory ­evidence from the defense, and because one witness, who had been hypnotized, was deemed unreliable. The state later dropped charges against Johnston in 1990 and he was freed. Chester McKnight later pleaded guilty to the crime in 2008 and received 2 life terms. A second man, Kenny Linscott, who had been seen near the scene of the crime the day the bodies of the victims were discovered, pleaded guilty to abuse of a corpse connected to the crime.

john c. skelton, texas years on death row: 7 convicted: 1983 acquitted: 1990

Despite several witnesses who testified that he was 800 miles from the scene of the murder, Skelton was c­ onvicted and sentenced to death for killing a man by ­exploding ­dynamite in his pickup truck. The ­evidence against him was purely circumstantial and the Texas Court of C ­ riminal Appeals found that it was insufficient to support a guilty verdict. The Court ­reversed the conviction and entered a directed verdict of ­acquittal.

clarence brandley, texas years on death row: 9 convicted: 1981 charges dismissed: 1990

Brandley was awarded a new trial when evidence show­ed prosecutorial suppression of exculpatory evidence and perjury by prosecution witnesses. An investigation by the Department of Justice and the FBI uncovered more misconduct, and in 1989 a new trial was granted. Prior to the new trial, all of the charges against Brandley were dropped. Brandley is the subject of the book White Lies

by Nick Davies.

james richardson, florida years on death row: 21 conviction: 1968 charges dismissed: 1989

Richardson was convicted and sentenced to death for the poisoning of one of his children. The prosecution argued that Richardson committed the crime to obtain insurance money, despite the fact that no such policy ­existed.

The primary witnesses against Richardson were two jail-house snitches whom Richardson was said to have confessed to. Post-conviction investigation found that the neighbor who was caring for Richardson's children had a prior homicide conviction, and the defense provided affidavits from people to whom he had confessed.

Richardson's conviction was thrown into further doubt when the governor appointed then-Dade County D ­ istrict ­Attorney Janet Reno to conduct a special investigation.

She ­concluded Richardson's conviction should be ­vacated.

At a subsequent court hearing, the court overturned his conviction, and no further charges were raised in the case.

robert cox, florida years on death row: 1 convicted: 1988 charges dismissed: 1989

Cox was convicted and sentenced to death, despite evidence that Cox did not know the victim and no one testified that they had been seen together. In 1989, Cox was released by a unanimous decision of the Florida Supreme Court that the evidence was insufficient to support his conviction.

randall dale adams, texas years on death row: 12 convicted: 1977 charges dismissed: 1989

Adams was convicted of killing a Dallas Police officer and sentenced to death. After the murder David Harris was arrested for the murder when it was learned that he was bragging about it. Harris, however, claimed that Adams was the killer. Adams trial lawyer was a real ­e state attorney and the key government witnesses against Adams were Harris and other witnesses who were never subject to cross examination because they disappeared the next day. On appeal, Adams was ordered to be released pending a new trial by the Texas Court of Appeals. The prosecutors did not seek a new trial due to substantial evidence of Adam's innocence. Adams case is the subject of the movie, The Thin Blue Line.

willie brown, florida larry troy, florida years on desth row: 5 convicted: 1983 charges dismissed: 1988

Brown and Troy were sentenced to death after being ­accused of fatally stabbing a fellow prisoner. The main witness against them was Frank Wise, whose ­original statements exonerated the men. Pending retrial, the charges against the men were dropped when Wise ­admitted that he had perjured himself.

robert wallace, georgia years on deasth row: 7 convicted: 1980 acquitted: 1987

Wallace was convicted and sentenced to death for the slaying of a police officer, despite his claim that the shooting was accidental and that he was acting in self-defense because he was beaten by the officers. The 11th Circuit ordered a retrial because Wallace had not been competent to stand trial. He was acquitted at the retrial because it was found that the shooting was ­accidental.

anthony ray peek, florida years on death row: 9 convicted: 1978 acquitted: 1987

Peek was convicted of murder and sentenced to death, despite witnesses who supported his alibi. His conviction was overturned when expert testimony concerning hair identification evidence was shown to be false. He was acquitted at his third retrial.

perry cobb, illinois darby (jesse) tillis, illinois years on death row: 8 convicted: 1979 acquitted: 1987

After two mistrials because of hung juries, Cobb and Williams were convicted and sentenced to death for the first degree robbery and murder of two white men in 1977. In 1983, the State Supreme Court reversed the convictions, and after several retrials where an assistant state attorney testified that the government's key witness, Phyllis ­Santini, had told him that her boyfriend ­actually committed the murders, Cobb and Williams were ­ ­acquitted and ­released.

joseph green brown, florida years on death row: 13 conviction: 1974 charges dismissed: 1987

Charges were dropped after the 11th Circuit Court of A ­ ppeals ruled that the prosecution had ­ k nowingly ­a llowed false testimony to be introduced at ­trial. Brown was convicted of first-degree murder and ­sentenced to death on the testimony of Ronald Floyd, a co-­conspirator who claimed he heard Brown confess to the murder. Floyd later retracted and admitted his testimony was lie. Brown came within 13 hours of execution when a new trial was ordered. Brown was released a year later when the state decided not to retry the case.

clifford henry bowen, oklahoma years on death row: 5 convicted: 1981 charges dismissed: 1986

Bowen was incarcerated in the Oklahoma State Penitentiary under three death sentences for over five years when the U.S. Court of Appeals for the Tenth Circuit finally overturned his conviction in 1986. The Court held that prosecutors in the case failed to d­ isclose i­ nformation about another suspect, Lee Crowe, and that had the ­defense known of the Crowe materials, the result of the trial would probably have been d­ ifferent. Crowe resembled Bowen, had greater ­motive, no ­a libi, and ­habitually carried the same gun and u ­ nusual a­mmunition as the murder weapon. Bowen, on the other hand, maintained his innocence, provided twelve alibi witnesses to confirm that he was 300 miles from the crime scene just one hour prior to the crime, and could not be linked by any physical ­evidence to the crime.

neil ferber, pennsylvania years on death row: 4 convicted: 1982 charges dismissed: 1986

Ferber was convicted of first degree murder and sentenced to death. Upon urging by the district attorney, the trial judge ordered a new trial. The charges against Ferber were dropped prior to the retrial when evidence surfaced that the conviction was based on the perjured ­testimony of a jail-house informant, exculpatory evidence was not disclosed to the defense, and an eyewitness to the crime was positive that Ferber was not the man she saw. ­Several other prosecutors and a homicide detective were convinced of Ferber's innocence.

anthony brown, florida years on death row: 3 convicted: 1983 acquitted: 1986

Brown was convicted of first degree murder and sentenced to death despite a jury recommendation of life imprisonment. At trial, the only evidence against Brown was a co-defendant who was sentenced to life for his part in the crime. At retrial, the co-defendant admitted that his testimony at the first trial had been perjured, and Brown was acquitted.

lawyer johnson, massachusetts years on death row: 9 convicted: 1971 charges dismissed: 1982

Johnson, a black man was sentenced to death by an all white jury for the murder of a white victim. In 1982, the charges were dropped when a previously ­silent ­eyewitness came forward and identified the state's chief witness as the actual killer. In 1983, a bill was filed to obtain compensation for Johnson's wrongful conviction.

johnny ross, louisiana years on death row: 6 convicted: 1975 charges dismissed: 1981

Ross, a black 16-year old, was convicted and sentenced to death for the rape of a white woman. Ross confessed after being beaten by the police, and his trial lasted only a few hours. Investigations by the Southern Poverty Law Center sought a new trial for Ross and presented evidence that the Ross' blood type was not the same as the type in the semen found in the victim. When presented with this evidence the New Orleans District Attorney's office released Ross.

michael linder, south carolina years on death row: 2 convicted: 1979 acquitted: 1981

Linder was convicted and sentenced to death for the murder of a highway patrol officer. The prosecution ­ maintained that Linder shot the officer without provocation but Linder insisted that he shot the officer in self-­ defense after the officer fired six shots at him. At re-trial, previously undisclosed ballistics evidence form a state crime lab confirmed Linder's self-defense theory and Linder was acquitted.

charles ray giddens, oklahoma years on death row: 3 convicted: 1978 charges dismissed: 1981

Giddens, an 18-year-old black man, was convicted for the murder of a grocery store cashier primarily on the testimony of Johnnie Gray, who claimed he accompanied Giddens to the murder scene. Although Gray was never indicted, Giddens was sentenced to death after an all white jury deliberated for only 15 minutes. Giddens conviction and death sentence reversed by the ­Oklahoma Court of Criminal Appeals, which found Gray's testimony was unreliable and the evidence against Giddens insufficient. The charges against Giddens were dropped.

larry hicks, indiana years on death row: 2 convicted: 1978 acquitted: 1980

Hicks was convicted on two counts of murder and was sentenced to death. Two weeks prior to his scheduled execution, with the help of a volunteer attorney, Hicks received a stay. The Playboy Foundation became interested in this claim of innocence and supplied funds for a reinvestigation after he passed lie detector tests. At retrial, Hicks was acquitted and released after evidence established Hicks's alibi and showed that eyewitness testimony against him at his original trial was perjured.

jerry banks, georgia years on death row: 5 convicted: 1975 charges dismissed: 1980

Sentenced to death for two counts of murder. Banks' ­conviction was overturned on the basis of newly discovered evidence which was allegedly known to the state.

Banks committed suicide after his wife divorced him. His estate won a settlement from the county for the benefit of his children.

gary beeman, ohio convicted: 1976 acquitted: 1979

Beeman was convicted of aggravated murder and sentenced to death. He maintained that he was innocent and that Claire Liuzzo, an escaped prisoner who testified as the main prosecution witness at Beeman's first trial, was the actual killer. In 1978 the District Court of Appeals granted Beeman a new trial, finding that Beeman's right to cross-examine Liuzzo had been u ­ nfairly restricted at his first trial. On retrial five witnesses ­testified that they heard Liuzzo confess to the murder and Beeman was ­acquitted.

jonathan treadaway, arizona years on death row: 3 convicted: 1975 acquitted: 1978

Treadaway was convicted of sodomy and first degree murder of a six-year-old and sentenced to death. The conviction was overturned, and he was acquitted of all charges at retrial by the jury after 5 pathologists testified that the ­v ictim probably died of natural causes and that there was no evidence of sodomy. Members of the jury reported ­noted that prosecutors had failed to prove that Treadaway was even inside the victims' home.

earl charles, georgia years on death row: 3 convicted: 1975 charges dismissed: 1978

Charles was convicted on two counts of murder and sentenced to death. He was released when evidence was found that substantiated his alibi. After an investigation, the district attorney announced that he would not retry the case. Charles won a substantial settlement from city officials for misconduct in the original ­i nvestigation.

thomas gladish, new mexico richard greer, new mexico ronald keine, new mexico clarence smith, new mexico years on death row: 2 convicted: 1974 charges dismissed: 1976 The four were convicted of murder, kidnapping, so­domy, and rape and were sentenced to death. A subsequent investigation by the Detroit News uncovered lies by the prosecution's star witness, perjured identification given under police pressure, and the use of poorly administered lie ­detector tests. A state d­ istrict judge dismissed the original indictments and the men were released after the murder weapon was traced to a drifter from South Carolina who admitted to the ­k illing.

christopher spicer, north carolina years on death row: 2 conviction: 1973 acquitted: 1975

In 1975, a North Carolina jury acquitted Christopher Spicer of the murder of Donnie P. Christian. Spicer was convicted of the crime in September 1973, but the conviction was overturned the following year by the North Carolina Supreme Court. Although the ­defense introduced two witnesses who testified that P ­ ennington and Spicer were never cell mates, Pennington testified that Spicer admitted to the crime while he and Spicer shared a cell. After sharing this “confession” with police, Pennington's bond was ­reduced from $5,000 to $400 and he was released from jail. In overturning Spicer's conviction, the North ­Carolina Supreme Court held that the trial judge committed reversible error by not allowing defense counsel to cross examine Pennington “to discover whom the witness was indebted for such favors and to ascertain to what extent the favors colored his testimony against Spicer.” At Spicer's retrial, the jury took only 15 minutes to unanimously acquit him.

james creamer, georgia years on death row: 2 conviction: 1973 charges dismissed: 1975

Creamer was sentenced to death for a murder a足 llegedly committed with six other individuals who were sentenced to life. After an investigation by the A 足 tlanta Constitution, a federal judge declared that the prosecution had withheld and destroyed evidence, a 足w itness admitted she had lied in court, and another man confessed to the crimes. The convictions against all seven men were overturned, and charges were later dropped. Creamer was resentenced to life in prison in 足September 1973.

wilbert lee, florida freddie pitts, florida years on death row: 12 conviction: 1963 pardoned: 1975

Although no physical evidence linked them to the d足 eaths of two white men, Lee and Pitts' guilty pleas, the testimony of an alleged eyewitness, and incompetent d足 efense counsel led to their convictions. The men were sentenced to death but maintained their innocence. After their 足convictions, another man confessed to the crime, the eyewitness recanted her accusations, and the state 足Attorney General admitted that the state had unlawfully suppressed evidence.

samuel a. poole, north carolina years on death row: 1 conviction: 1973 charges dismissed: 1974

After being convicted of first degree burglary and ­g iven a mandatory death sentence, Poole had his conviction overturned by the N.C. Supreme Court ­because the case lacked substantial evidence that Poole was the person who broke into the home.

david keaton, florida years on death row: 2 conviction: 1971 charges dismissed: 1973

On the basis of mistaken identification and coerced confessions, Keaton was sentenced to death for murdering an off duty deputy sheriff during a robbery. The State Supreme Court reversed the conviction and granted ­Keaton a new trial because of newly discovered evidence. ­Charges were dropped and he was released after the actual killer was identified and convicted.

Lennart Grebelius 2019

Innocence on Death Row Lennart Grebelius 2019 Published by Sätila Förvaltning AB Västra Hamngatan 9 411 17 Göteborg, Sweden ISBN 978-91-88259-56-1 Copyleft, no rights reserved

Lennart Grebelius is a Swedish ar tist maintaining studios in Gothenburg and London. Since the early 1990s, Grebelius combines an interest in books with an interest in the big questions: life, death, time and chance. Beautiful mathematics is also a fundamental theme.

isbn 978-91-88259-56-1