Sunday, December 21, 2008

FBI reels from wrongdoing by workers


FBI reels from wrongdoing by workers

©Associated Press
April 16, 2003

WASHINGTON -- Reformed after controversy in the mid 1990s, the FBI crime lab is dealing with new wrongdoing by employees that has opened the door for challenges of the lab's science in scores of cases involving DNA and bullet analysis, internal documents show.

An FBI lab scientist, who connected suspects to bullets through lead analysis, has been indicted after admitting she gave false testimony, and a technician has resigned while under investigation for improper testing of more than 100 DNA samples, according to records and interviews.

In addition, one of the lab's retired metallurgists is challenging the bureau's science on bullet analysis, prompting the FBI to ask the National Academy of Sciences to review its methodology, the records obtained by the Associated Press show.

FBI lab director Dwight Adams said detection of the problems illustrates reforms are working.

"The difference is these are being caught and dealt with swiftly. Our quality assurance program is in place to root out these problems, incompetence and inaccurate testimonies," Adams said. "These weren't fortuitous catches. They were on purpose."

Defense lawyers are mounting challenges in high-profile cases handled by the two employees and are questioning the FBI's project to build a national DNA database that will help law enforcement identify suspects based on their genetic fingerprints.

"We all have assumed the scientists are telling the truth because they do it with authority and tests. And as a result FBI scientists have gotten away with voodoo science," said Lawrence Goldman, president of the National Association of Criminal Defense Lawyers.

The Justice Department's internal watchdog is investigating FBI lab technician Jacqueline Blake for allegedly failing to follow proper scientific procedure when analyzing DNA in at least 103 cases over the past few years, officials said.

The officials said they have found the technician failed to compare the DNA evidence with control samples, a required step to ensure the accuracy of tests. Blake has resigned.

Blake's work has become an issue in a prominent case in New Jersey, where five police officers are challenging blood evidence she analyzed that was used to convict them of federal civil rights violations in a prisoner's death.

FBI officials have taken steps to protect the national DNA registry in light of the allegations against Blake and separate revelations of problems in DNA analysis at the Houston police crime lab.

In Blake's case, 29 DNA samples she placed into the database were removed and are being reanalyzed. The review has not found any instances in which her DNA analysis was inaccurate, and those samples have been re-entered, Adams said.

FBI officials recently banned the Houston lab from entering DNA samples into the national registry. Houston-area judges have requested a grand jury investigation into the lab's practices.

The FBI made widespread changes in the mid 1990s after its lab was rocked by a whistleblower's allegations and an investigation that found shoddy science by several lab examiners. AP reported last month Justice officials have identified about 3,000 cases that might have been affected by those problems and have let prosecutors decide whether to notify defendants.

Improper testimony by FBI hair and fiber expert Michael Malone was reported by St. Petersburg Times writer Sydney Freedberg in 2001. Justice Department reviews found Malone, who retired in 1999, gave improper testimony in at least 17 Hillsborough County cases and two Pasco County cases.

The new problems surfaced in the last year.

FBI lab scientist Kathleen Lundy, an expert witness in murder trials who performs chemical comparisons of lead bullets, was indicted this year on a charge of misdemeanor false swearing by Kentucky authorities after she acknowledged she knowingly gave false testimony in a 2002 pretrial hearing for a man accused of murdering a University of Kentucky football player.

Lundy informed her FBI superiors of the false testimony a couple of months after it occurred. By that time she had corrected her pretrial testimony at the trial and had been questioned about it by defense lawyers. Federal authorities decided not to prosecute her, but Kentucky prosecutors brought the misdemeanor charge.

In memos and an affidavit, Lundy said she had an opportunity to correct her erroneous testimony at the hearing, but didn't.

"I had to admit it was worse than being evasive or not correcting the record. It was simply not telling the truth," Lundy wrote in a memo to a superior.

"I cannot explain why I made the original error in my testimony . . . nor why, knowing that the testimony was false, I failed to correct it at the time," Lundy wrote in a subsequent affidavit. "I was stressed out by this case and work in general."

Adams said the FBI remains confident its lead bullet analysis is based upon "a proper foundation" but nonetheless has asked the National Academy of Sciences to review the lab's work.

"We do anticipate some suggestions, ways to improve what we already do and we'll gladly look at that," Adams said.

FBI Labs, Technicians Under Investigation

From Capital Defense Weekly :

FBI Labs, Technicians Under Investigation

Less than a decade after the FBI laboratories took steps to reform forensic practices in order to eliminate shoddy procedures and improve accuracy, the Bureau is now facing new concerns that experts are not following proper lab protocol and are jeopardizing cases by giving false testimony. Among the concerns outlined in internal FBI documents is the work of scientist Kathleen Lundy, who recently told her superiors that she knowingly gave false testimony about her specialty of lead bullet analysis during a court hearing involving a Kentucky murder. Retired FBI metallurgist William Tobin has also called Lundy's work into question, noting that he had long suspected while working alongside the bureau's lead bullet analysts that they were engaged in inaccurate science. He asserted that the scientists regularly stretched their conclusions when testifying.
The work of lab technician Jacqueline Blake is also under scrutiny by the Bureau. An internal FBI watchdog investigation revealed that Blake, who recently resigned from the lab, failed to follow proper scientific procedure when analyzing DNA in at least 103 cases over the past few years. (Associated Press, April 15, 2003) See Innocence.

Saturday, December 20, 2008

FBI examiner Kathleen Lundy - in how many Florida cases did she testify?

http://www.oranous.com/innocence/JimmyAtes/SSRN-id1083735.pdf

From attached report:

As part of her job responsibilities, Kathleen Lundy, an FBI
examiner, performed comparative bullet lead analysis (“CBLA”), a
process that compares trace chemicals found in bullets at crime scenes
with ammunition found in the possession of a suspect.254 For over
thirty years, FBI experts had testified about bullet lead composition, a
technique that was first used in the investigation into President
Kennedy’s assassination.255 The technique was not seriously
challenged until a retired FBI examiner, William Tobin, began
questioning the procedure in scientific and legal journals,256 as well
as
in-court testimony.257


In Ragland v. Commonwealth,258 a Kentucky murder case, Lundy
got herself in trouble while testifying at a pretrial admissibility
hearing.259 She stated that the elemental composition of a .243 caliber
bullet fragment removed from the victim’s body was “analytically
indistinguishable” from bullets found at the home of the defendant’s
parents.260 Lundy further testified that the Winchester Company
purchased its bullet lead in block form prior to 1996 and then
remelted it at its manufacturing plant.261 During cross-examination at
trial, however, Lundy admitted that she knew prior to the hearing
that Winchester had purchased its lead in billet form in 1994.262 This
was not a minor point. Millions more bullets could have the same
“source” if they were last melted by a secondary smelter instead of by
Winchester.263 Lundy subsequently admitted to her superiors that she
had lied,264 and on June 17, 2003, she pleaded guilty to testifying
falsely and was sentenced to a suspended ninety-day jail sentence and
a $250 fine.265

The underlying problems with CBLA went beyond Lundy’s
prevarication. Although CBLA evidence had been used in trials for
over three decades, few studies had been published on the
technique.266 Nevertheless, until recently, the courts admitted this
evidence. The published cases reveal a wide variety of interpretive
conclusions. In some cases, experts testified only that two exhibits
were “analytically indistinguishable.”267 In other cases, experts
concluded that samples could have come from the same source or
“batch”268; in still others, experts stated that the samples came from
the same source.269 The testimony in a number of cases went further
and referred to a “box” of ammunition (usually fifty loaded
cartridges, sometimes twenty). For example, two specimens:

• could have come from the same box270;
• could have come from the same box or a box
manufactured on the same day271;
• were consistent with their having come from the same
box of ammunition272;
• probably came from the same box273;
• must have come from the same box or from another box
that would have been made by the same company on
the same day.274

Several other (and different) statements appear in the opinions.
An early case reported that the specimens “had come from the same
batch of ammunition: they had been made by the same manufacturer
on the same day and at the same hour.”275 One case reports the
expert’s conclusion with a statistic.276 In another case, the court
discussed the expert’s testimony using the expressions “such a finding
is rare”277 and “a very rare finding.”278 In still another case, the
expert
“opined that the same company produced the bullets at the same
time, using the same lead source. Based upon Department of Justice
records, she opined that an overseas company called PMC produced
the bullets around 1982.”279 Thus, FBI experts ignored the limitations
of the technique in many cases. Further, as these cases demonstrate,
the testimony was not consistent among the Bureau’s own experts,
suggesting that the FBI was not monitoring the trial testimony.

The 60 minutes video on flawed science


In a joint investigation, 60 Minutes' Steve Kroft and The Washington Post's John Solomon report on a flawed science used in the convictions of hundreds of defendants, dozens of whom may be innocent.

See the 60 minutes video


http://www.washingtonpost.com/wp-dyn/content/video/2007/11/18/VI2007111801096.html

Evidence Of Injustice

Evidence Of Injustice

In a joint investigation, 60 Minutes' Steve Kroft and The Washington Post's John Solomon report on a flawed science used in the convictions of hundreds of defendants, dozens of whom may be innocent.


Inside The FBI

See the bureau's highs and lows in this interactive portrait of the crime-fighting agency.



Stories

To learn more about the bullet lead cases we uncovered in this project, click here.
CBS) This segment was originally broadcast on Nov. 18, 2007. It was updated on Sept. 12, 2008.

Aside from eyewitness testimony, some of the most believable evidence presented in criminal cases in the United States comes from the FBI crime laboratory in Quantico, Va. Part of its job is to test and analyze everything from ballistics to DNA for state and local prosecutors around the country, introducing scientific credibility to often murky cases.

But a six-month investigation by 60 Minutes and The Washington Post last November showed that there are hundreds of defendants imprisoned around the country who were convicted with the help of a now discredited forensic tool, and that the FBI never notified them, their lawyers, or the courts, that the their cases may have been affected by faulty testimony.

The science, called bullet lead analysis, was used by the FBI for 40 years in thousands of cases, and some of the people it helped put in jail may be innocent.

As correspondent Steve Kroft reports, one of them is Lee Wayne Hunt, who is now serving a life sentence for murder in North Carolina.



Lee Wayne Hunt tells Kroft he's been behind bars for over 22 years and 6 months, and maintains he's an innocent man. "What I've said from the word get go that I ain't -- never killed nobody. I didn't have nothing to do with this," he says.

Hunt was convicted in 1986 of murdering two people in Fayetteville, N.C., based on the testimony of two questionable witnesses and what turned out to be erroneous ballistics testimony from the FBI lab.

For years, the FBI believed that lead in bullets had unique chemical signatures, and that by breaking them down and analyzing them, it was possible to match bullets, not only to a single batch of ammunition coming out of a factory, but to a single box of bullets. And that is what the FBI did in the case of Lee Wayne Hunt, tying a bullet fragment found where the murders took place to a box of bullets the prosecutors linked to Hunt.

"I put it exactly the way it sounded to me, and the way that I believe it to be," Hunt says. "He said that this box of bullets is the same box of bullets that was used to kill these people, made on, about the same time."

"I think everybody in the courtroom assumed that this was valid evidence," says Hunt's attorney, Richard Rosen.

Asked how important he thinks this was to his client's conviction, Rosen says, "I thought it was very important to our client's conviction. It was the single piece of physical evidence corroborating their story. And it came from, you know, it came from the mountaintop."

The FBI first used bullet lead analysis while investigating the assassination of John F. Kennedy, trying to match pieces of bullets discovered at Dealey Plaza with bullets found in Lee Harvey Oswald's rifle.

By the 1980's, the FBI was routinely using this analysis to link bullet fragments found at a crime scene with bullets found in the possession of a suspect, almost always in cases where more reliable ballistics tests were impossible.

"And could you run like a standard ballistics test on this?" Kroft asks William Tobin, a former chief metallurgist for the FBI.

"No," Tobin says. "They're too deformed for the conventional ballistics examinations."

Tobin says the Quantico lab was the only place in the country that did bullet lead analysis, and the assertion that you could actually match a bullet fragment to a specific batch or box of bullets went unchallenged for 40 years -- until Tobin retired in 1998 and decided to do his own study, discovering that the basic premise had never actually been scientifically tested.

"FBI lab personnel testified that you could match these fragments to this bullet," Kroft remarks.

"Yes, that's correct," Tobin says.

Asked what he found out, Tobin tells Kroft, "It hadn't been based on science at all, but rather had been based on subjective belief for over four decades."

"So what you're saying is that this is junk science?" Kroft asks.

"That's correct," Tobin says. "It's worthless as a forensic tool."

Answers.com

(CBS) Adams says he sent a memo to FBI Director Robert Mueller, stating "we cannot afford to be misleading to a jury" and "we plan to discourage prosecutors from using our previous results in future prosecutions."

But neither the FBI, nor the Justice Department, made an attempt to identify the cases in which flawed testimony had been given, or to notify the defendants, prosecutors or judges involved.

"I think it's a failure on the part of the lawyers at the Department of Justice to own up to a very, very serious error," says Berry Scheck, a director of "The Innocence Project."

The organization has helped free more than 200 wrongly convicted defendants. He says the Justice Department has a legal obligation to notify defendants about any information that might help prove their innocence, even after they have been convicted.

"When federal agents come into court and testify to something that we now know was scientific error that could be crucial, crucial evidence in serious cases … you've gotta go in and make a serious, realistic effort to give people a chance to correct the errors. That's only fair," Scheck argues.

"You can't even begin to talk about raising this issue on appeal if the people involved don't know it happened," he adds.

Only the FBI can identify the cases in which bullet lead analysis was performed, yet it has resisted releasing that information

So 60 Minutes joined forces with The Washington Post to see if we could find some of the cases ourselves. Our producers and Post reporter John Solomon worked with The Innocence Project and a team of summer associates from the New York law firm Skadden, Arps, who conducted computer sweeps of court files.

We managed to identify 250 cases in which bullet lead testimony was a factor, and a dozen where it played a pivotal role in deciding the outcome. And that's after looking at only a small percentage of the total cases.

"There's all together something like 2,500 cases that the FBI analyzed since the 80s. There could be, you know, 30, 40, 50, who knows -- instances where people were wrongfully convicted," Scheck says.

A half a dozen defendants, like a North Carolina pastor who was accused of killing his son-in-law, have already won their freedom or a new trial by appealing bullet lead testimony.

Others, like a Baltimore police sergeant convicted of murdering his girlfriend, and Lee Wayne Hunt, are still in jail.

"I never denied that I was a marijuana dealer in Cumberland County. But I'm denyin' that I ever killed anybody," Hunt says.

"We had fraudulent scientific evidence, that the only concrete evidence that was used in this case, the only physical evidence, was bogus," Hunt's lawyer Richard Rosen tells Kroft.

But Lee Wayne Hunt and his attorney aren't the only ones who believe Hunt was wrongly convicted with bullet lead testimony. At a hearing in January, the case took a strange twist when Staples Hughes, the appellate defender for the state of North Carolina came forward and revealed a secret that he had been keeping for more than 20 years.

"The thing that makes this so terrible is that Lee Wayne Hunt didn't do it. That's what makes it so terrible. He didn't do it. He's not guilty," Hughes says.

Hughes says he's sure of that.

Twenty-two years ago, as a young public defender, Hughes was representing Lee Wayne Hunt's co-defendant in the double murder that sent him to prison for life.

Hughes says his client, Jerry Cashwell, told him in great detail, shortly after he was arrested, how he alone had committed the double murder. Lee Wayne Hunt, he said, wasn't even there. But because of the attorney-client privilege, Staples Hughes was duty-bound to keep the secret.


“If there is a true and just God…”

Existentialism rejects the notion that there is any "created" meaning to life and the world and that a leap of faith is required of man in order for
him to live an authentic life. There is no true and just God, just the meaning of life proposed by the Dominants.

Dave Matthews screamed "Halloween". It frightened me, but I liked it :-)

(CBS) "It was sort of one of those moments that stops you completely still," Hughes says. "You know, my client's saying, 'Not only did I kill two people, but these other folks didn't have anything to do with it. The state's case is a lie. It's a fabrication.'"

Asked if he tried to get Cashwell to tell that to the authorities, Hughes says, "No."

Because?

"I'm his lawyer," Hughes says. "It wasn't in his interest to tell, to have that known at all."

"Because he could have been facing the death penalty?" Kroft asks.

"He was facing the death penalty. It wasn't theoretical," Hughes says.

Asked if this bothered him, Hughes tells Kroft, "It bothered me most when Mr. Hunt was being tried. And it's bothered me ever since. There wasn’t anything I could do about it. But I knew they were trying a guy who didn’t do it."

It wasn't until his client committed suicide in prison that Hughes felt he could come forward to tell his story in court. But instead of being commended for coming forward to clear an innocent man, the judge threw out his testimony and reported Hughes to the North Carolina bar for violating attorney-client privilege, even though his client was dead.

"I'm not too happy to be in the position I am in now," Hughes says. "But there's a guy in prison for somethin' he didn't do."

It's impossible to know right now how many other bullet lead cases like this there may be out there in the netherworld of the criminal justice system. But Dwight Adams, the former FBI lab director who began to have doubts about the science, believes it's time for the government to reveal all of the information.

"I don't believe there is anything that we should be hiding," Adams says. "I believe that everything should be made available in regards to the testimonies and the cases that were worked involving bullet lead analysis."



The FBI ultimately agreed, acknowledging that some of its bullet lead testimony was misleading and that it should have done more to alert defendants and the courts. As a result of the 60 Minutes-Washington Post investigation, the bureau has already reviewed nearly a hundred cases, and according to the Innocence Project there are problems with the FBI testimony in almost half of them.

The complaint against Staples Hughes for violating attorney-client privilege has been dismissed. But Lee Wayne Hunt remains in prison, after the North Carolina Supreme Court refused to hear his appeal.

See the bureau's highs and lows in this interactive portrait of the crime-fighting agency.



Stories

State prisons top 100,000 for first time



State prisons top 100,000 for first time

Official with Department of Corrections suggests new approach to sentencing

The Associated Press

Florida's prison population has topped 100,000 for the first time, making it only the third state in the nation to break into six digits after California and Texas.

The Department of Corrections said the number was reached Thursday. At 100,000, Florida's prison population roughly equals incarcerating one out of every four residents of Miami or almost all the citizens of Gainesville, home to the University of Florida.

California has approximately 170,000 prisoners and Texas has 140,000. Federal prisons combined house approximately 200,000 people.

Florida officials had been expecting the record-setting number for some time. Department of Corrections Secretary Walter McNeil talked about it with state lawmakers earlier in December and in a November interview called it a significant milestone.

In preparation for more prisoners, the state has purchased and begun setting up tents to house inmates, though none are currently being used. If all the tents were set up and filled, the state would be able to house another 1,200 people in them.

McNeil told lawmakers earlier this month that growth shows no signs of stopping. The state will need to build 19 new prisons in the next five years to house inmates if nothing is done to slow prison growth, he said. He estimated the cost at $1.9 billion, nearly equal to the department's current annual budget of approximately $2 billion.

McNeil hopes it doesn't come to that. He told lawmakers they should think about re-evaluating a ``lock-em-up'' approach to sentencing and focus on ensuring people released from prison don't return.

In 2005, it cost Florida more than $22,000 annually to house and feed each inmate, a little lower than the national average of just under $24,000. Texas spent $14,000 per prisoner per year and California $34,000, according to a report by Pew Charitable Trusts.

Nationwide 1.5 million people were in U.S. prisons in 2005, according to the most recent statistics from the U.S. Department of Justice.

Was John Preston used in Juan Ramos too?

http://www.truthinjustice.org/juanramos.htm

Freed from death row

Juan Ramos Picks Up the Pieces

By SYDNEY P. FREEDBERG

© St. Petersburg Times, published July 4, 1999


In his wallet, Juan Florencio Ramos carries a pre-prison photograph of himself. Because of a five-year ordeal too painful to forget, Ramos now says: "That person is not me.'' [Times photo: Pam Royal]
Twelve years after he left Florida's death row, Juan Florencio Ramos still paces like a prisoner locked in a tiny cell.

From the porch of his mother's house near Miami, he gazes at strange cars. He puffs on Marlboros. And when he climbs into his red Trans Am, he hits the gas and races down the street as if the guards are coming to drag him back to prison.

Ramos, a 41-year-old truck driver, is a member of a small but growing club that prosecutors don't like to talk about. From his wallet, he pulls out a pre-prison photograph of a fresh-faced young man with a hard body and smiling eyes. Now that body is scarred from prison fights, those eyes sometimes glazed in anger.

"That person," he says, choking back tears, "is not me."

Experts say wrongful death sentences are built on similar circumstances: police who use coerced confessions or questionable eyewitness identifications; prosecutors who exploit false testimony or inaccurate scientific evidence; jurors who are tainted by prejudice; judges who are out for headlines; and suspects who are easy marks -- because of their race, criminal background or inability to afford a good lawyer.

Only five of Florida's wrongly condemned have received compensation from the state, and they say the money can't replace what they lost.

There's an irony in the stories of death row survivors: It took a death sentence to free them. If they had received a life sentence, they probably never would have gotten out.

Michael L. Radelet, a University of Florida sociology professor who documents wrongful executions, says death row survivors are the lucky ones because only through good fortune and careful scrutiny of their cases were they vindicated before a fatal error. "As long as we have the death penalty," Radelet says, "innocent people will be executed."

With more capital punishment cases and shrinking legal resources, the danger of wrongful convictions and wrongful executions is "getting worse," says Richard Dieter, executive director of the Death Penalty Information Center in Washington.

Most prosecutors, judges and Florida officials won't admit an innocent person has ever been executed here or convicted in error.

But Gerald Kogan, who recently retired after 11 years on the Florida Supreme Court, told the Associated Press in December that he wasn't convinced of guilt in "two or three" of the 25 state executions while he was on the court.

"There are several cases where I had grave doubts as to the guilt of a particular person, (and) other cases where I just felt they were treated unfairly in the system," Kogan said.

Kogan, a former prosecutor, refuses to elaborate on which cases he had in mind. "I've said what I'm going to say on that. I don't want to talk about that any more."

Gov. Jeb Bush, who has signed death warrants to send two convicted killers to the electric chair this week, declined to comment for this story. In meetings, Bush has voiced concern about people on death row who may be innocent, according to Carol Licko, his general counsel.

She says the governor signed the warrants only after a careful review of the cases to eliminate any possibility of a wrongful execution.

Life on death row

Each of the cells is 6 feet wide, 9 feet long and 91/2 feet high, with concrete walls on three sides and steel bars in front that look out over a 3-foot-wide catwalk. Each cell has a steel toilet, a steel sink, a steel footlocker and a steel bunk with a mattress 4 inches thick. Each cell also is equipped with a 13-inch black-and-white television. Meals, mail and Bibles are passed to the condemned through a slot in the bars

Inmates can't see into other cells, but they can look down the corridor by angling a piece of a mirror. They communicate with one another by talking down the corridor -- called "getting on the bars" -- or yelling through a vent or the plumbing pipes. Or throwing a long stick with a note attached to the person in the next cell.

Twice a week, they are let out for a two-hour trip to an exercise yard. Three times a week, they are escorted to the shower stall, where the water runs for five minutes. Occasionally, guards jerk open a cell door to search an inmate's belongings or body for drugs or shanks (crude, homemade knives).

Death row survivors remember the numbing cold in winter, the hellish heat in summer and the non-stop din of hundreds of voices and noises, relieved only by an eerie quiet on execution days.

Alone with nothing but time, they did almost anything to keep their minds occupied.

They counted every dent in the walls, every crevice on the floor. They learned the heavy footsteps of their favorite nighttime guard. They prayed for life and sometimes hoped for death.

They slept and wrote poetry, usually at night when there was less noise. They read and argued about things such as whether to go to the execution chamber kicking and screaming or "like a man."

Anthony Peek, who survived a decade on the row, paced so much -- five steps back and forth -- that his knees are weak. Dave Keaton, released from death row 26 years ago, could catch a glimpse of the afternoon sun if he stood at the right angle. Sonia "Sunny" Jacobs, who for a time was the only woman in the country on death row, painted by dipping strands of her hair in beet juice.

One rule of survival: be buddies with everyone but close friends with no one. That's because it hurts too much when a friend is executed.

Anthony Brown, who watched and listened 12 times as guards prepared for executions, tears up when he remembers his final hours with Marvin Francois. Francois, 39, was executed in 1985 for killing six people during a robbery of a Miami drug house.

"We wanted to send him out on a high," says Brown, 43, recounting how they shared a cigarette and fantasized it was a joint. "It took a little out of me when they killed him. I'd grown real attached to him."

No matter how they passed the time, they had one thing in common: a date with death in Florida's electric chair.

Too painful to forget

"No matter how hard he screams," Ramos says, "no one hears him.

Ramos grew up in Cuba, served three years in the Cuban military and came to Florida in the 1980 Mariel boatlift. Within a year, he was married, living in Cocoa and making $11 an hour in a steel factory.

His new world collapsed in June 1982 when police arrested him for raping, beating, strangling and stabbing Sue Cobb, 27, an acquaintance who lived a block away. No physical evidence linked Ramos to the homicide, but there was seemingly damning evidence provided by a police dog named Harass II.

After sniffing an empty pack of Ramos' cigarettes, the dog was put in a room with five knives and five blouses. Harass stopped at blouse No. 5, the victim's bloody blouse, then licked knife No. 3, the bloodstained knife that had been embedded in her chest.

These were the only knife and blouse with blood on them -- which seemed to prove only that Harass was attracted to blood. But that was enough for a Seminole County jury to convict Ramos, who spoke little English, and for a judge to overrule its recommendation of life and sentence him to death.

Norman Wolfinger, who was Ramos' public defender and now is state attorney for Seminole and Brevard counties, cited another factor in what he called "the weakest murder case I've ever seen" -- racism. "Absolutely no attempt was made from Day One to pin the murder on anyone but the sap, the Cuban," Wolfinger said at the time.

Isolated from the world, Ramos remained defiant in his cell on death row. "I thought about my last meal," he says. "I was gonna tell them, "Just feed me the same s---. It's disgusting of you to offer me the best food when I'm gonna puke it back in your face.' "

Before he talked to the Times, Ramos, who learned English on death row, had never spoken about his ordeal to the media. His 61-year-old mother, Ena Garcia, tells him not to talk now. "You know it upsets you," she says in Spanish. "Why start trouble?"

But Ramos needs to talk, and for six hours, at times angry, at times tearful, he pours out details of his five years of wrongful imprisonment: beatings, a stabbing, paralytic asthma attacks and an attempted gang rape.

Once, he tried to commit suicide by making a noose with a bedsheet, tying it to the bars and sticking his head inside the loop. Another time, he fought with a guard and was sent to solitary, now known as "X-wing." The cell doors in "X-wing" are solid steel. To see out, Ramos scrunched his face against a half-inch crack between the steel door and the concrete wall.

And in his regular cell, he steeled himself for "Old Sparky," once shocking himself with the hot wire of his TV. "I wanted to know what it felt like to get cooked," he says.

While Ramos tried to keep a grip on his sanity, his lawyers fought for his life in the courts. In October 1985, they got a boost when the TV newsmagazine 20/20 exposed the unreliability of scent-tracking dogs, including Harass II, the German shepherd that put Ramos behind bars. The dogs and their trainer, 20/20 reported, had several times identified suspects who probably were innocent.

In August 1986, the Florida Supreme Court reversed Ramos' conviction, ruling that the dog-scent evidence was completely untested. At a retrial, Ramos was acquitted, and on April 24, 1987, he drove to his new home in Miami.

He enjoyed long showers and time with his wife, Danette, whom he leaned on to guide him. But he felt "like a time bomb." He had a hard time relating to people, especially women. "They talked only about superficial things," he says. "How can they really understand what it's like to be on death row?"

Ramos went into therapy, but four years ago his marriage fell apart. He moved in with his mother, claiming a mobile home on the property in south Miami-Dade County. He planted avocado, mango and sugar-cane trees, and now cares for four dogs, a cat and 20 roosters that wander around behind the locked front gate.

Every night, Ramos comes home to a hug from his mother and the smell of her cooking. Every morning, she delivers him cafe Cubano in a thimble cup.

Ramos says he feels less numb now, "much calmer." The only time the adrenaline really pumps is when he's tooling around in his red Trans Am or hauling steel in a semitrailer truck. As a truck driver, no one looks over his shoulder or watches what he's doing.

Still, he feels like a prisoner sometimes -- able to face up to death but worried he can't face up to life.

"I came here (to America) for a better life," he says. "In Cuba, I'd be dead. I was found innocent here, but it didn't wipe anything away. You're free, but free for what? The best, best years of my life are gone. . . . I carry this with me until the day I die."

From Florida Innocence Project to Governor Crist

innocence project of florida, inc.
1100 East Park Avenue, Tallahassee, 32301
Telephone 850.561.6767 Fax 850.561.5077
------------------------------------------------------------------------------------------
For Immediate Release PRESS RELEASE

http://www.oranous.com/innocence/WilliamDillon/pr111408.pdf


November 14, 2008
Contacts:
Seth Miller, Esq.: 202.341.2127
David Menschel, Esq.: 203.671.3792
Melissa Montle, Esq.: 561.843.9304

Innocent Man's Conviction Vacated After 27 Years

DNA Reveals Widespread Corruption in Brevard County
Today the Eighteenth Judicial Circuit Court granted William Dillon a new trial based on DNA evidence which demonstrates Dillon's actual innocence of the 1981 murder of James Dvorak in Canova Beach, Florida. Dillon's 27 years equals the longest time served by any of the 223 DNA exonerees nationwide. He would be the third man to be exonerated in Brevard County in recent years.
Mr. Dillon, who has always maintained his innocence, was convicted on the basis of unreliable and false evidence including: subsequently recanted testimony of a star witness who was threatened by and having sex with the State's lead investigator; fraudulent scientific testimony of a dog handler; testimony of a jailhouse snitch whose pending rape charge was dismissed after fingering Dillon; and a mistaken eyewitness identification by a man legally blind in one eye.
"This case is indicative of the culture of corruption in Brevard County," said David Menschel, Legal Director of the Innocence Project of Florida (IPF). "They were more concerned with getting a conviction than convicting the right person. Once they identified a suspect, they were willing to do anything – even manufacture evidence – in order to win."
Dillon's case is particularly troubling because it involved the now-discredited testimony of dog handler John Preston, a man who has been exposed as a fraud by both courts and the national media. But as Melissa Montle, Staff Attorney with the IPF explained, "The only way the dog could do what Preston purported it could do is if someone from the inside was feeding Preston the information."
Both Wilton Dedge and Juan Ramos were also wrongfully convicted on the basis of Preston's testimony. Seth Miller, Executive Director of the IPF, called for an investigation into the conduct of the Brevard County State Attorney's Office and Sheriff's Office as well as a comprehensive review of the hundreds of cases in which John Preston testified: "Governor Crist needs to take a hard look at what's been going on in Brevard County and restore public confidence in Florida's
criminal justice system. Our organization would be happy to assist the Governor in these efforts."

Update: Attorneys seek probe of Sheriff’s, State Attorney's offices


Update: Attorneys seek probe of Sheriff’s, State Attorney's offices

BY JOHN A. TORRES • FLORIDA TODAY • December 11, 2008


Public defender James Russo, as well as attorneys with the Innocence Project of Florida, bashed the State Attorney’s Office today, and called for the appointment of a special prosecutor to investigate corruption within the office.

The announcement was made at a news conference one day after the state announced it would not retry William Dillon for murder. “I have read the comments of our state attorney and the continued attempt to justify the shameful decision-making in this case,” Russo said during an afternoon news conference. “This is a case where lawful evidence never existed in the first place.” The main target of derision was the repeated use in the early-1980s of since-disgraced expert dog handler John Preston. Preston, proven to be a fraud, testified in hundreds of Florida cases, including three in Brevard County that have been overturned: Dillon, Wilton Dedge and Juan Ramos. “This case is about a criminal conspiracy that exists in Brevard County,” said David Menschel, legal director for the Innocence Project of Florida. “This is not a secret. People know about it.” Dillon, 49, learned of the news Wednesday that the state would not seek to retry him. He spent 27 years in prison after being convicted of murdering James Dvorak of Indian Harbour Beach. Dillon’s attorneys have long pointed to the fraudulent dog handler, a jailhouse snitch and an investigator who slept with a key witness in the case as grounds for corruption. DNA testing on a key piece of evidence this summer seemed to clear Dillon. Dillon broke down several times during the news conference, especially when the notion was raised that there could be many people in prison who were not guilty. “It’s not about justice for some people. It’s about convictions,” he said. “I feel their pain. I’m not angry. This is compassion, sadness.” Attorneys with the Innocence Project of Florida spoke with the governor’s office Thursday morning, and are formulating a letter asking for Crist to appoint a special prosecutor with subpoena powers to come investigate the cases that Preston testified in. If the governor agrees, Seth Miller, executive director of the Innocence Project, said, then he expects to see many more exonerations. For example, he said there were more than 20 exonerations in Dallas after the governor appointed a special prosecutor to look into DNA cases there. “Dillon’s case is just one piece of the corruption in Brevard County,” Miller said. “We need to root out the bad actors. People have to pay for what they’ve done.” Backing up these claims is a retired Brevard County judge, who says the only way the expert dog handler involved in the Dillon case could have tracked anything was if he was previously given the information. Preston regularly testified for the State Attorney’s Office during the early-1980s, before being disqualified by Judge Gilbert Goshorn in 1984. Preston later was exposed by television journalist Geraldo Rivera, and many of the cases he testified in nationally were overturned. The Arizona Supreme Court went as far as calling him a “charlatan.” In a sworn affidavit dated Aug. 14, 2008, Goshorn said he believed Preston was used regularly by the State Attorney’s Office “to confirm the state’s preconceived notions.” “It is my belief that the only way Preston could achieve the results he achieved in numerous other cases was having obtained information about the case prior to the scent-tracking, so that Preston could lead the dog to the suspect or evidence in question,” Goshorn said in his affidavit. On Thursday, Russo said he was upset that State Attorney Norman Wolfinger’s office was not cooperating with calls for information regarding Preston and the cases in which he testified. Wolfinger, he explained, was a public defender with him on the team that helped clear Juan Ramos and which discredited Preston’s dog testimony. “Mr. Wolfinger is very well-versed in the quality of the dog testimony,” he said. “I’m surprised they are not going back to look at these cases.” But Wolfinger responded by saying defendants and their attorneys have been free to bring any motions they deem appropriate before the courts. “Evidentiary challenges to the admissibility of the dog evidence by defense attorneys began and was well-publicized before I became state attorney,” Wolfinger said.


Contact Torres at 242-3649 or jtorres@floridatoday.com

We think: Gov. Crist should order an investigation into dog handler's cases


EDITORIAL

We think: Gov. Crist should order an investigation into dog handler's cases

Wilton Dedge and William Dillon have more in common than the initials in their names.

Both were convicted of heinous crimes in Brevard County -- Mr. Dedge for rape, Mr. Dillon for murder. Both spent more than two decades of their lives behind bars. Both were finally released, thanks to DNA testing.

And both owe their loss of freedom, at least in part, to John Preston.

Mr. Preston is a one-time dog handler whose dogs performed tracking feats in the 1980s that bordered on miraculous. The news reports were astounding. Mr. Preston's dog could follow a human scent months -- even years -- after a crime was committed. Mr. Preston claimed his dog could track scents across water. It could find a murder weapon under water. It could even track a human scent that had ascended into trees, if only some crop-dusters would first fly overhead and spray some water on the trees so the scent could return to the ground.

Mr. Preston traveled the country with his wonder dog, wowing police and prosecutors and earning handsome fees. But Mr. Preston perhaps found his most ardent admirers in Brevard County, where the former Pennsylvania state trooper was called in to help solve some of the highest-profile crimes, and he made a terrific expert witness on the stand.

But there was a problem with many of Mr. Preston's claims: They were bunk.

Mr. Preston was exposed in 1984 after a Brevard County judge halted a trial and ordered a field test of Mr. Preston's dog. Then-Circuit Judge Gilbert Goshorn set up a field test -- whose conditions were approved by Mr. Preston. But the animal, which Mr. Preston claimed in the aborted trial could track a six-month-old scent, couldn't track one that was four days old. He reportedly left town, failing to show up for a second test.

In an affidavit provided to the Sentinel, Mr. Goshorn, a respected jurist who also served as an appellate judge in Daytona Beach, said last summer, "I estimate that the dog did not even make it 100 feet before losing its way even though the initial direction of the track was clear. The dog did not properly follow either course as it was set out the previous day. Preston tried three or four times.

"The dog simply could not track anything."

What made the affidavit astonishing, however, were Mr. Goshorn's conclusions: "It is my belief that the only way Preston could achieve the results he achieved in numerous other cases was having obtained information about the case prior to the scent-tracking so that Preston could lead the dog to the suspect or the evidence in question.

"In short, I believe that Preston was regularly retained to confirm the state's preconceived notions about cases, in an effort to provide independent scientific evidence."

The idea of collusion between Brevard County authorities and Mr. Preston in the '80s might be written off as ancient history except for some inconvenient likelihoods: There might be others who were convicted and still in jail as a result of Mr. Preston's testimony, while others who have been freed might carry wrongful convictions on their records.

A group called the Innocence Project of Florida, which has crusaded for Messrs. Dedge and Dillon, has called on Gov. Charlie Crist to order an independent review of all cases involving Mr. Preston and his wonder dog, and the possible complicity of local authorities.

Given the circumstances, it's hard to conceive that Mr. Crist would not act. Messrs. Dedge and Dillon are walking, breathing examples of a decades-old injustice. The governor cannot tolerate the idea that this stink might linger over other cases.

Preston's testimony was used in at least 60 felony cases in Brevard.


After his murder case is dropped, Bill Dillon seeks $1.35M from Florida


A Brevard County man who served 27 years in prison before prosecutors dropped his murder case will seek compensation -- about $1.35 million -- from the state for a wrongful conviction, an official with an advocacy group said. Bill Dillon, accused of beating James Dvorak to death in 1981, won a new trial in November because tests proved Dillon's DNA wasn't on a bloody T-shirt used in his conviction. But Wednesday, Brevard-Seminole State Attorney Norm Wolfinger said he no longer would pursue a murder charge against Dillon, saying too many witnesses had died and it would be too difficult to prosecute a 27-year-old case. Seth Miller, executive director of the Innocence Project of Florida, an advocacy group that pushed for the DNA tests that helped free Dillon, said Thursday that his organization is also calling for a review of cases involving a controversial dog handler who testified against Dillon.

The Heins Case




The Heins Case

April 1994: Tina Heins is raped and stabbed 27 times in her Mayport apartment while her husband is stationed on a Navy ship. Police charge her brother-in-law, Chad Heins, with murder and rape. He said he was passed out drunk on a nearby couch during the slaying.

January 1997: Chad Heins is sentenced to life in prison after a jury convicts him of first-degree murder and attempted sexual battery.

2001: Heins contacts the Innocence Project, co-founded by attorney Barry Scheck, in New York to investigate cases where DNA could exonerate people wrongfully convicted.

2003: Circuit Judge Charles Arnold grants an Innocence Project motion to allow retesting of DNA in Heins' case.

Dec. 13, 2006: Circuit Judge L. Page Haddock dismisses Heins' conviction and sentence on the basis of DNA evidence from Tina Heins' body that suggested a man other than the Heins brothers was in the apartment. Prosecutors appeal Haddock's order.

July 16: State Attorney Harry Shorstein drops the appeal and announces plans to retry Heins for first-degree murder and attempted sexual battery. The trial is scheduled Dec. 3.

Nov. 19: Haddock postpones the trial indefinitely. Heins' lawyers say state DNA tests bolster the theory that an unidentified man, not Heins, committed the murder. The tests link a semen stain on Tina Heins' bed to the evidence from her body.

Tuesday: Heins is released from jail after Shorstein drops murder and attempted sexual battery charges against him. The dismissal is conditioned on Heins waiving his speedy trial rights, meaning prosecutors could re-open the case if new evidence is found.



Chad Heins smiles as he leaves the Duval County jail on Tuesday with his attorney, Robert Link.

Heins was freed after new tests revealed another man's DNA on the bed and body of his sister-in-law, who was slain in 1994. A new trial was ordered, but prosecutors dropped the charges.

"I made it. Finally. Forever, but finally," the 33-year-old said before facing a throng of TV cameras camped outside.

Two hours earlier, prosecutors announced they were dropping first-degree murder and attempted rape charges against Heins in the brutal 1994 stabbing death of his sister-in-law in Mayport. State Attorney Harry Shorstein said the agreement hinged on Heins waiving his speedy trial rights, allowing prosecutors to re-open the case if new evidence comes to light.

The decision essentially ends a 13-year legal battle that began when Heins was sentenced to life in prison for a crime he always insisted he didn't commit.

The turning point came in 2001 when Heins contacted the New York-based Innocence Project, which convinced a judge to re-open DNA testing. Ultimately, those tests revealed another man's DNA on Tina Heins' bed and on her body, and a new trial was ordered last year.

"He has never wavered from day one," said Jennifer Greenberg of the Innocence Project of Florida. "The primary thing that helped Chad survive his wrongful incarceration was his dignity in knowing that he would one day be vindicated."

Heins was 19 in April 1994 when his sister-in-law was stabbed 27 times while her husband, Jeremy Heins, was stationed on a Navy ship. Chad Heins has maintained he was passed out on the couch when the slaying occurred and three fires were set in the apartment.

The world has changed dramatically since then. Heins said he's never seen a cell phone or been on the Internet, and he admitted some fear about the adjustment.

"It's gonna be hard," Heins said. "I pretty much grew up in prison."

He plans to return home to Wisconsin and his two children today, a trip delayed by a day because his lawyers realized he didn't have any identification to board a plane. The kids were a year old and a month old when Heins was arrested.

His stepmother, Mary Heins, said she was both excited about him coming home and nervous about the adjustments he faces. She said he'll stay with her and his father and has asked to see just a few relatives at a time.

"It'll be exciting to see all the changes through his eyes," she said. "I'm happy just to have him home. What a perfect Christmas. It's going to be the best Christmas ever."

About the only thing that hasn't changed since Heins went to prison is that Brett Favre remains the star quarterback of his beloved Green Bay Packers. Heins asked his lawyers to bring him a Packers sweatshirt to wear as he left the jail.

Despite a "rough, scary 13 years," Heins said the justice system worked in the end for him, thanks to the Innocence Project. He and his lawyers said they hope the same DNA that led to his release can be used to bring Tina Heins' real killer to justice.

"We have the DNA of who did it," said Robert Link, a Jacksonville attorney who represented Heins for free. "If they had had this evidence back then, I doubt he would have been prosecuted."

Link and Innocence Project founder Barry Scheck praised Shorstein for undertaking a thorough review of the evidence, even though the state attorney stopped short of exonerating Heins. Last month, a test requested by the State Attorney's Office matched the DNA on Tina Heins' bed to hair found on her body and scrapings from her fingernails. That DNA did not come from either Heins brother.

"Each new bit of scientific evidence came out in favor of Chad," Scheck said. "The overwhelming evidence shows that Chad Heins is innocent."

But Shorstein didn't concede that and said the investigation would continue into who killed Tina Heins. No potential suspect, including Chad Heins, would be excluded from that investigation, Shorstein said.

Tina Heins's parents didn't return phone calls, and Jeremy Heins couldn't be reached Tuesday.

paul.pinkham@jacksonville.com, (904) 359-4107


What is the Innocence Project?

An effort started in 1992 by Barry Scheck, one of O.J. Simpson's attorneys, and Peter Neufeld to help prisoners whose innocence could be proven through DNA testing.

How many people have been exonerated?

Officials say 210 prisoners nationwide, including 15 from Death Row. In Florida, there have been nine exonerations.

How does the group select who to help?

There must be "post-conviction DNA testing [that] can yield conclusive proof of innocence." Last year, the organization got about 200 requests a month.

How many cases are being worked on now?

There are more than 160 active cases.

Brevard County Drops Charges Against William Dillon


From the blog of Florida Innocence Project


Wednesday, December 10, 2008

Brevard County Drops Charges Against William Dillon

For Immediate Release

Today the Brevard County State Attorney’s Office dropped all charges against William Dillon for the 1981 murder of James Dvorak in Canova Beach, Florida. Mr. Dillon served 27 years for a crime he did not commit, equaling the longest time served by any of the 225 DNA exonerees nationwide. Mr. Dillon joins Juan Ramos and Wilton Dedge as the third man exonerated in Brevard County in recent years.

“At least it didn’t take them three years to do the right thing in this case, like it did in the case of Wilton Dedge,” said Seth Miller, Executive Director of the Innocence Project of Florida (IPF). “Now that this charade is over, maybe they can focus on finding the real killer.”

Mr. Dillon, who has always maintained his innocence, was convicted on the basis of unreliable and false evidence including: subsequently recanted testimony of a star witness who was threatened by and having sex with the State's lead investigator; fraudulent scientific testimony of dog handler John Preston; testimony of a jailhouse snitch whose pending rape charge was dismissed after fingering Dillon; and a mistaken eyewitness identification by a man legally blind in one eye.

“Now that they’ve dropped the charges against Bill, they can start filing charges against the real criminals in this case,” said David Menschel, Legal Director of IPF. “There’s an open secret in Brevard County that there was a criminal conspiracy between the Sheriff’s Office and a fraudulent dog handler in order to manufacture convictions against suspects regardless of the evidence. That’s a crime, somebody needs to investigate it, and people need to go to prison.”

IPF called for the Governor to investigate the conduct of Brevard County State Attorney’s Office and Sheriff’s Office last month when Mr. Dillon’s conviction was vacated. Miller reiterated that call today: “It’s hard to have confidence in any of the convictions in this county given how widespread the corruption is. We again urge Governor Crist to not only investigate this corruption, but to review every case where John Preston testified. There are other wrongful convictions out there that need to be uncovered.”

“We’re thrilled that this cloud has been lifted from Bill and his family, just in time for the holidays,” added Melissa Montle, Staff Attorney with IPF.

The Innocence Project of Florida (IPF) is a 501(c)(3) organization dedicated to finding and freeing innocent people in Florida prisons.

Friday, December 19, 2008

Judge Overturns Jimmy Ates’ Conviction: Use of Junk Science Leads to Release - PRESS RELEASE



Pressrelease from the Florida Innocence Project :




Press Release

December 17, 2008


Today, pursuant to an agreement between the State and defense, First Judicial Circuit Judge William Stone vacated the conviction of Jimmy Ates.


Mr. Ates will walk out of the Okaloosa County Jail later today after serving ten years in prison for the 1991 murder of his wife, Norma Jean Ates, in Baker, Florida. He is the first person in the nation to have a conviction overturned based on the FBI’s disavowal of Comparative Bullet Lead Analysis (CBLA).


“We’re thrilled that the State is finally recognizing the mistake that it made and taking this first step towards justice for Jimmy Ates,” said Bobbi Madonna, Staff Attorney for the Innocence Project of Florida (IPF).


Jimmy Ates is just one of roughly 1500 individuals nationwide whose cases were tainted by CBLA, which the FBI now concedes is a junk science. An FBI review of about 115 of those cases has found that CBLA testimony compromised the integrity of at least 80 trials—16 in Florida alone. CBLA is a procedure by which scientists claim to be able to link bullets to a particular batch or box on the basis of their chemical composition.


In Ates’ trial, FBI Analyst Kathleen Lundy testified that the bullets retrieved from the victim’s body matched the bullets found in the Ates’ family utility room, and therefore they came from the same batch. This testimony had no scientific basis. “Lundy was a fraud peddling a junk science and without that testimony, Jimmy Ates would never have been convicted,” said David Menschel, Legal Director of IPF.


Lundy testified about CBLA in at least six other Florida cases.


The State’s case against Jimmy Ates has been suspect from the beginning.


Initially, Okaloosa County State Attorney, Curtis Golden, refused to prosecute because the case lacked sufficient evidence. In a highly unusual move, Gov. Lawton Chiles assigned the high-profile case to Duval County State Attorney Harry Shorstein, who also refused to prosecute.


Six years after the murder, armed with the FBI’s new CBLA analysis, a third State Attorney prosecuted Jimmy Ates.


Based on the new evidence that has emerged since trial, William Cervone, the special prosecutor assigned to the case, conceded that Ates’ conviction cannot stand. “Bill Cervone deserves praise for righting this wrong, and we hope and expect that other Florida prosecutors will follow his example in other CBLA cases,” said Seth Miller, Executive Director of IPF.

Florida Criminal Justice System: Retribution & More

By: William Moore

Why, as a nation, do we sentence criminal offenders to significantly more time than others? With rehabilitation being a thing of the past, we must look to the rationale of our justice system to make sense of why our average sentences for convicts soar above those of other countries. While flaunting the protections of the constitution, as a nation, we send far more of our citizens to prison for even substance abuse than Europe or most other similarly situated countries.

First off, it is important to understand that rehabilitation has been off of the table for some time and punishment is the name of the game. Prison, fines and an endless array of other penalties exist primarily for the purpose of "pay back". The primary justification of the United States criminal process comes from the seeking of retribution. For those of us who defend, it is well understood that the victims of crime firmly believe that the perpetrators should suffer the most serious of consequences as a result. Retribution is the age-old reason why most people believe in criminal punishment.

Another intended purpose is that of simple deterrence. The belief is that the harsh punishment of criminal offenders will make others think twice before committing a similar crime. The deterrence argument is often employed when promoting the death penalty. Interestingly, research shows that criminals are actually far more deterred by a high probability of being caught - even if the punishment is moderate - than they are by severe sentencing. The deterrence argument also applies to that offender: perhaps he will be less likely to re-offend now that he has experienced prison.

The third "stated" reason is incapacitation. This argument is most effective for habitual offenders and may be less relevant to one-time offenders. Incapacitating criminals by putting them in prison, where they cannot commit crimes that hurt society generally, is a favored reason for long prison sentences.

Another additional intended purpose that is routinely stated in various legal publications is that another goal is denunciation. Society indicates that it seriously disapproves of criminal activity through punishment. Traditionally, denunciation often occurred publicly and in a humiliating way. For instance, in the pre-Revolution American colonies, offenders were often punished by being put in the stocks in the middle of the town square. While suspects no longer face the stocks, the humiliation for a typically law-abiding citizen can be overwhelming.

When deciding on sentencing policy, legislators should always examine the ramifications of the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishments. That amendment prohibits execution for many violent and particularly henious criminal acts.

In closing, as the times continue to change, so will our reasons for employing a particular form of criminal punishment. Unfortunately, the concept of true rehabilitation is not expected to re-enter the picture in our lifetime. For this reason, we may expect our jails and prisons to be higher learning facilities for career criminals thus increasing the amount of prison release reofender filings.

Local Insight on Adam Walsh's Killer

Posted: 12:44 AM Dec 18, 2008
Last Updated: 4:13 PM Dec 18, 2008
Reporter: Liza Park
Email Address: liza.park@wctv.tv

--------------------------------------------------------------------------------
Former Leon County detective is speaking out following Tuesday's announcement that Adam Walsh was murdered by a serial killer.
Police in Hollywood, Florida, say serial killer Ottis Toole is the person who decapitated the 6-year-old son of "America's Most Wanted'' host John Walsh in 1981.
Former Leon County Detective Johnny Miller suspected Toole had killed 19-year-old Ada Johnson in Tallahassee in 1983.

Miller says he spent days interviewing Toole and he confessed to killing both Johnson and Walsh.

Miller says Toole would often tell law enforcement whatever he thought they wanted to hear. Miller says Toole liked to toy with law enforcement officers and would confess to many crimes making it somewhat difficult to determine when he was being truthful. Miller says Toole loved being in the limelight and liked to have media attention.

Miller points out that he had hard evidence and Toole's confession in the Johnson murder... and that's what they need in the Walsh case too. Miller says in Johnson's case, they found animal hair and fabric fibers that linked Toole to the crime scene. He also says Toole's confession included specific details that only someone with knowledge of how Johnson was killed and what happened at the crime scene could know. Toole plead to Ada Johnson's murder. Miller says he should have received the death penalty but died in a Florida Prison in 1996 from cirhosis of the liver, a complication of having AIDS.

Miller says he questions why the Hollywood Police have now determined that Toole was Walsh's killer. He questioned the motives of the Hollywood Police because it doesn't appear that any new evidence has surfaced recently. Miller says Toole could have very well killed Walsh but police should have the evidence to make the charge.

Medical Examiner: Child's Remains Are Caylee Anthony

POSTED: Friday, December 19, 2008
UPDATED: 4:04 pm EST December 19, 2008

ORLANDO, Fla. -- Skeletal remains found in the woods are the Florida 3-year-old who has been missing since June, but they don't reveal any clues about how she was killed, a county medical examiner said Friday.

A utility worker stumbled upon the remains last week, less than a half-mile from where the girl lived. DNA tests confirm that the remains match Caylee Anthony's genetic profile, said the medical examiner, Dr. Jan Garavaglia.

Caylee's mother, 22-year-old Casey Anthony, was indicted in October on first-degree murder and other charges, even though no body was found. She has insisted that she left the girl with a baby sitter in June, but she didn't report her missing until July.

It took authorities several days to analyze the remains, and some tests are still being completed. Some of the bones were as small as a pebble and had been scattered, and the fragments were hard to find by excavators who searched on their hands and knees, authorities said. The bone fragments did not reveal any trauma before death, Garavaglia said, but exactly what happened to the girl remains a mystery.

"Bottom line is, folks, no child should have to go through this," said Orange County Sheriff Kevin Beary.

A search team said they did not check the wooded area sooner because it was submerged in water. Beary said his department was investigating reports that the utility worker who called in the tip leading to the discovery of the remains had tried several times in August to call in his suspicion about a bag in the area.

"If we missed a window of opportunity we don't know," he said. "I'm not throwing anybody under the bus because we don't know. That's why we conduct an administrative review."

Casey Anthony's attorney, Jose Baez, was with her at the Orange County Jail shortly after she found out the news from a jail chaplain, said Todd Black, a spokesman for the attorney. She was notified about 15 minutes before the news conference about the positive identification. Black said he wouldn't comment on her reaction.

A message left for the attorney representing George and Cindy Anthony, Casey's parents, was not immediately returned.

The Orange County utility worker, Roy Krunk, identified himself at a brief afternoon news conference. He said that he had contacted the Orange County Sheriff's office in August to report that he had seen "something suspicious, a bag, in the same area."

Reading from a statement, he said he was cooperating with the sheriff's office and FBI and would not discuss details with the media.

David Evans, his lawyer, said Krunk is not involved in the girl's disappearance.

"His participation in this matter is strictly as a concerned citizen with a sharp eye, good instincts," Evans said. "Those who have speculated to the contrary could not be more wrong."

Evans asked that the media give his client and other utility workers their privacy.

The case captivated the community where the little girl's family lived, and Caylee has been a staple on national news as her grandparents pleaded for tips, promising that the girl was still alive.

Caylee's grandmother first called authorities in July to say she hadn't seen the girl for a month and her daughter's car smelled like death.

Police immediately interviewed Anthony and soon said everything she told them about her daughter's whereabouts was false. The baby sitter was nonexistent and the apartment where Anthony said she had last seen Caylee had been empty for months. Anthony also lied about where she worked, they said.

Other troubling details emerged: Photos surfaced of Anthony partying after her daughter went missing. Friends said she was a habitual liar, but also a good mother.

Last month, the Orange County State Attorney turned over almost 800 pages of documents showing someone used the Anthonys' home computer to do Internet searches for terms like "neck breaking" and "household weapons."

In mid-March, someone searched Google and Wikipedia for peroxide, shovels, acetone, alcohol and chloroform. Traces of chloroform, which is used to induce unconsciousness and a component of human decomposition, were found in the trunk of Casey Anthony's car during forensic testing, the documents say.

Woman Accused Of Throwing Baby In Trash Sentenced

POSTED: Thursday, December 18, 2008
UPDATED: 8:46 am EST December 19, 2008

POMPANO BEACH, Fla. -- A woman who tossed her newborn baby seven stories down a hotel trash chute was sentenced to 13 years in state prison on Thursday.

Ashley Truitt, now 19, was originally charged with first-degree murder in the killing of her newborn baby in June 2007. By pleading guilty to the lesser charge of aggravated manslaughter on Thursday, she will avoid a possible life sentence on the premeditated murder charge she originally faced.

Truitt, then 18, was in South Florida with her parents on vacation from Iowa when she gave birth in the bathtub of a Pompano Beach hotel room. Prosecutors said she wrapped the crying newborn in a towel, walked down the hall and dropped the baby down the trash chute. The child landed in a Dumpster seven floors below, they said.

The baby died of head trauma.

Truitt took the stand Thursday to plead for mercy from the judge, who could have put her away for 30 years.

"Please give me the opportunity to prove to my family and this community that I can do the right thing," she said.

Prosecutor Greg Rossman urged the judge to hand down the maximum sentence, saying it would send a message.

"There are other people out there who see things like this happen and say, 'I don't want that to happen to me,'" Rossman said.

But defense attorneys argued that Truitt did not even know that she was pregnant and that her desperate actions were the result of a troubled childhood and personality disorder.

Truitt's parents told the court that Truitt resented being an adopted child. They said that she was raped at age 10, had an abortion at age 15 and became depressed and addicted to drugs and alcohol after losing her grandparents.

The teen's parents claimed that their daughter was stunned when she learned her baby had died.

"She absolutely had no idea what happened to her baby. She thought she left it wrapped in a towel on top of other towels," Raymond Truitt said.

Prosecutors said Truitt's troubled past and personality disorder did not stop her from knowing the difference between right and wrong.

The judge sentenced Truitt to 13 years in prison. As part of the plea agreement, Truitt gave up the right to stand trial and to appeal the judge's ruling on her sentencing.

Ates walks free from county jail


Ates walks free from county jail


1998 murder conviction overturned; new trial scheduled


December 18, 2008 - 2:12 PM

Staff reports
Jimmy Ates was released from custody today following a judge's overturning of his 1998 first-degree murder conviction.
Ates was released from the Okaloosa County Jail in Crestview at 10:54 a.m.
Circuit Court Judge William Stone wasted little time in granting a request that Ates' life sentence be vacated during a hearing Wednesday. The same State Attorney's Office that prosecuted him a decade ago had recommended he be granted a new trial.
The new trial was scheduled for Jan. 26 and Spencer Mann, a spokesman for the Eight Judicial Circuit State Attorney's Office, said the plan at this juncture is to attempt to prosecute Ates again.
"We're not saying the defendant is innocent," Mann said. "We're back in the homework phase after 10 years and are going to do everything in our power to put the case back together."
Ates, a teacher at Baker School, was convicted in 1998 of fatally shooting his wife Norma Jean Ates on June 2, 1991. He was sentenced to life in prison.
The Eighth District Judicial Circuit prosecuted the case after two other State Attorney Offices, including this region's first circuit office, declined to do so, citing insufficient evidence.
Eighth District Assistant State Attorney Geoff Fleck reviewed the conviction this year and called for a new trial for Ates. Fleck said ballistics evidence used against Ates had been discredited by the FBI.
Attorneys for the Innocence Project of Florida defended Ates. They said in a news release Ates "is the first person in the nation to have a conviction overturned based on the FBI's disavowal" of what is known as comparative bullet lead analysis (CBLA).
"Jimmy Ates is one of just 1,500 individuals nationwide whose cases were tainted by CBLA," the release said.

Ex-Teacher's Conviction Overturned in Wife's Death



Ex-Teacher's Conviction Overturned in Wife's Death



By MELISSA NELSON
Associated Press Writer
CRESTVIEW, FL (AP) -- A judge overturned a former teacher's murder conviction in the death of his first wife and ordered a new trial Wednesday because of problems with FBI bullet testing.
Judge William Stone's ruling meant Jimmy Ates, 62, of Baker, was likely to spend the first night at home shortly with family in the 10 years since jurors convicted him in the 1991 shooting of his wife, Norma Jean. Convicted of first-degree murder, he has been serving a life sentence at the Jackson Correctional Institute in Malone.
"It's going to be a good Christmas for us," his brother, Luther Ates, said after the hearing.
Luther Ates said a family friend was working with court officials to post the $250,000 bond in hopes of getting him released as early as Wednesday evening.
Jimmy Ates' 14-year-old daughter, Allison, wiped away tears throughout the hearing. She was 3 when her father went to prison and has visited him in prison every Christmas for the past 10 years.
"I just want to see him," she said.
A former high school teacher, Jimmy Ates married Allison's mother, one of his former students, after Norma Jean's death.
It took investigators nearly seven years to piece together evidence before Ates, also a preacher, was charged in 1998.
Prosecutors had accused him of staging a burglary and setting fire to the couple's home, allegedly using a crude timing device to ensure his wife's body was found while he was at a ceremony at the school where he taught. His wife was shot, but the gun was never found.
Ates was convicted, in part, because FBI tests showed lead in bullets that killed Norma Jean Ates matched lead in a box of bullets her husband owned.
But the FBI determined in 2005 such testing wasn't accurate.
The agency stopped matching bullets by lead content and said it would begin reviewing cases and informing law enforcement agencies that had received positive match reports from the FBI Laboratory since 1966 due to problems with the tests.
Seth Miller, an attorney with the Innocence Project of Florida who represented Ates, said the FBI didn't begin sending out letters to defendants in cases involving lead testing until this year. Miller said Ates, once he was notified, acted quickly to have his conviction overturned.
"We know of at least 15 similar cases in Florida," Miller said. He said there are hundreds of other cases in the pipeline nationally.
The mother of Norma Jean Ates, 86-year-old Louise Kotarba, said she doesn't need bullet testing or other evidence to convince her of Jimmy Ates' guilt.
"He knows he's guilty. He knows he was at the house," she said while leaving court Wednesday.
But Spencer Mann, an investigator for the state attorney's office, said retrying Ates won't be easy.
"Witness have moved on. The prosecutors who tried the case the first time are no longer in this office. We are back in the homework phase after 10 years," he said.