Innocence Project Annual Report 2009
Innocence Project Annual Report 2009
Project worked closely with House’s attorneys on AMONG OUR ONGOING CASES: OTHER NOTEWORTHY CASES:
DNA-related issues and filed a friend-of-the-court brief
about the case at the U.S. Supreme Court. House was STEPHEN BROOKS: In response to an Innocence Project DISTRICT ATTORNEY'S OFFICE, 3RD JUDICIAL DIVISION V.
officially cleared in May. motion, a New Jersey judge ordered police to conduct WILLIAM OSBORNE:
a more thorough search for Brooks’ biological In March, the Innocence Project argued before the
ERNEST SONNIER: In August, the Innocence Project evidence, which officials claim has been destroyed. U.S. Supreme Court that William Osborne was entitled
secured Sonnier’s freedom after DNA testing proved The Innocence Project will request a similar search of to post-conviction DNA testing. The Court erroneously
his innocence of a 1985 rape. Misleading forensic the prosecutor’s office in 2010. denied testing to Osborne but found that people have
testimony and an eyewitness misidentification some constitutional rights to seek DNA testing that
contributed to his wrongful conviction. Sonnier awaits KENNETH REED: Despite the Innocence Project’s efforts, can prove innocence and that states must provide
the state documents that will mark his official Baton Rouge prosecutors have repeatedly denied access to DNA evidence. The ruling will have a limited
exoneration. Reed’s requests for post-conviction DNA testing. impact because few people seek DNA testing through
The Louisiana Supreme Court is currently considering federal courts.
RALPH ARMSTRONG: Murder and rape charges were the request.
dismissed against Armstrong in August, over four PEOPLE OF THE STATE OF NEW YORK V. FERNANDO BERMUDEZ:
years after the Innocence Project helped obtain DNA ANTHONY WRIGHT: Philadelphia prosecutors have The Innocence Project filed 14 friend-of-the-court
testing that excluded him. Prosecutors, who concealed refused to consent to DNA testing in Wright’s case briefs in state and federal courts in 2009. In its brief in
additional evidence of Armstrong’s innocence, finally for four years. The Innocence Project argued the case the Bermudez case, the Innocence Project argued that
dropped the case after the prosecutorial misconduct before the Pennsylvania Supreme Court in April and overwhelming evidence of eyewitness misidentification
came to light. expects a decision in 2010. Several key pieces of pointed to Bermudez’s innocence. The court agreed
biological evidence could be tested at the Innocence and he was cleared after 17 years of wrongful
Project’s expense. imprisonment.
TEXAS EXONEREES AND THEIR FAMILY MEMBERS JOIN INNOCENCE PROJECT BOARD CHAIR
AND TEXAS STATE SENATOR RODNEY ELLIS IN CALLING FOR CRIMINAL JUSTICE REFORM AT
AN AUSTIN NEWS CONFERENCE IN MARCH 2009.
JUSTICE
WORTH FIXING
By studying DNA exoneration cases, the Innocence access to post-conviction DNA testing and ensuring that
Project identifies the common causes of wrongful their biological evidence will be properly preserved. In
conviction and develops reforms with police, 1992, these laws were mostly nonexistent. Today, all
prosecutors, defense attorneys, social scientists and but three states have DNA access laws and about half
lawmakers. Since the Innocence Project’s founding in have provisions for the preservation of evidence. The
1992, public attitudes toward criminal justice reform Innocence Project’s legislative work touches the lives
have changed dramatically, and, with the help of our of innocent prisoners and their families, while at the
coalition partners, public policy has changed as well. same time improving the criminal justice system for
future generations.
In 2009, the Innocence Project testified, consulted
with lawmakers or provided support materials for 62 AMONG THE INNOCENCE PROJECT’S MAJOR
innocence-related bills in over 35 states, and 16 of POLICY ACHIEVEMENTS IN 2009:
those bills became law. Reforms addressed the major
causes of wrongful conviction including eyewitness EYEWITNESS IDENTIFICATION: A growing number of
misidentification, unvalidated or improper forensic jurisdictions nationwide are voluntarily adopting reforms
science, and false confessions. These new laws will to police line-up procedures, including the Dallas Police
prevent an untold number of wrongful convictions Department. An Innocence Project report released in
and assist in the apprehension of real perpetrators July 2009 titled “Reevaluating Lineups,” identifies the
for years to come. problems with identification procedures and outlines
the scientific argument for reform. Eyewitness
Other reforms help end the nightmare of wrongful misidentification is the leading cause of wrongful
conviction for innocent prisoners by increasing their convictions later overturned through DNA testing.
FORENSIC OVERSIGHT: In response to a National Academy FALSE CONFESSIONS: Arkansas, Montana and Oregon
of Sciences (NAS) report that identified systemic passed mandatory recording of interrogations laws
problems in the field of forensic sciences, the in 2009. Electronically recording interrogations
Innocence Project established a multidimensional helps prevent wrongful convictions caused by false
campaign to push for implementation of the principal confessions and also protects law enforcement against
recommendation outlined in the report – the creation allegations of coercion. Sixteen states and the District
of an independent federal agency to support and of Columbia now require recording interrogations,
oversee forensic science practices throughout the and over 500 jurisdictions have voluntarily adopted
country. Leaders from all aspects of the criminal justice recording practices.
system have publicly supported the cause through
a coalition spearheaded by the Innocence Project. INNOCENCE COMMISSIONS: The Innocence Project
Also, members of Congress are considering the NAS’s advocates for the creation of “Innocence Commissions”
recommendations in the wake of Innocence Project in every state. Made up of stakeholders throughout
Co-Director Peter Neufeld’s testimony before two the criminal justice system, Innocence Commissions
congressional judiciary committees. investigate the causes of wrongful convictions and
propose state-appropriate remedies. Eight Innocence
DNA ACCESS/EVIDENCE PRESERVATION: Each year, the Commissions have been formed across the country,
Innocence Project works to increase prisoners’ access with two new commissions established this year: The
to post-conviction DNA testing. In 2009, South Dakota, Justice Task Force in New York and the Timothy Cole
Mississippi and Alabama became the 45th, 46th and Advisory Panel on Wrongful Conviction in Texas. Both
47th states, respectively, to adopt a DNA access statute. states lead the nation in the number of wrongful
DNA access laws often include a provision for the convictions later overturned through DNA testing.
preservation of biological evidence, which is of equally
critical importance to a prisoner’s ability to prove his
innocence. In 2009, six states passed evidence
preservation statues.
DEAN CAGE AND HIS FIANCÉE, JEWEL MITCHELL, REUNITE AFTER CAGE’S RELEASE FROM PRISON AND
EXONERATION. AFTER 14 YEARS, THEY ARE FINALLY ABLE TO BEGIN PLANNING THEIR WEDDING AND
FUTURE TOGETHER.
WORTH BUILDING
On average, a person exonerated through DNA testing and transitional reentry needs like food, clothing and
has spent 13 years in prison. After 13 years behind bars, transportation.
these exonerated men and women are released into
a new world. They face a new set of challenges, and The Innocence Project also works to create programs
nothing is commonplace – from getting a driver’s and laws nationwide that help the wrongfully convicted
license to finding a place to live to reuniting with get back on their feet. Many exonerees partner with us
family again. The Innocence Project’s advocacy for to testify in state legislatures nationwide to advocate for
our clients doesn’t end with exoneration. Social work compensation laws. This year, the Innocence Project
services begin months before release and continue for and its partners helped pass or improve compensation
years – or as long as the exoneree needs our support. laws in three states.
In 2009, the Innocence Project provided pre-release With a helping hand, the wrongfully convicted can
and post-release services to 36 social work clients in make the transition from life behind bars to life in the
16 states. Depending on the exoneree’s unique needs, free world. The Innocence Project is there to anticipate
these services may include help finding stable housing, their problems and offer the support they need – so
securing health care, or applying for government that exonerees can focus on celebrating their successes,
programs like food stamps or supplemental security spending time with family and friends, and building a
income. The Innocence Project’s Exoneree Fund brighter future.
provides financial assistance for exonerees’ immediate
Corporations 101,828
DONATED SERVICES 52%
Donated Services 6,270,354
Events 935,596
Investment Income 34,086
Board Designated Reserve Fund 299,044 INDIVIDUALS 19%
$12,082,138
EXPENSES FUNDRAISING 6%
Program Services $10,226,060
Management & General 1,087,848
Fundraising 768,230 MANAGEMENT & GENERAL 9%
$12,082,138
Net Revenue $0
Fund Balance July 1, 2008 $1,128,254
Fund Balance June 30, 2009 $1,128,254
PROGRAM SERVICES 85%
In 2004, after 12 years as a clinic at Cardozo School of In 2009, we also made tremendous progress tapping
Law, the Innocence Project became an independent into existing structures to train and support people
nonprofit organization (still affiliated with Cardozo) in who work in the criminal justice field. We helped
order to expand our capacity for litigation and policy organize networks of attorneys who deal with
reform. Since then, our staff has grown from seven to eyewitness identification issues and professionals in
50, and we have quickly built an institution that is the forensic field, which gives us the ability to share
capable of vetting thousands of cases a year and information and improve practices “on the ground.”
shaping laws and policies in every part of the country. At the same time, we’re working with associations of
defense attorneys, prosecutors, police and judges to
We have also worked with partners across the country – help them understand how wrongful convictions
and around the world – to strengthen the Innocence happen – and how they can help prevent them.
Network, which is a critical part of the infrastructure
for expanding this work. An affiliation of organizations Our efforts to build strong infrastructures will help
dedicated to overturning wrongful convictions and wrongfully convicted people prove their innocence –
improving the justice system, the Innocence Network and help improve our criminal justice system – for
now has 55 member organizations (46 of them in the years and decades to come. It is a long-term investment
United States). that wouldn’t be possible without your support.
While organizations in the Innocence Network operate – SENATOR RODNEY ELLIS, BOARD CHAIR
independently, we coordinate closely on litigation and MADDY DELONE, EXECUTIVE DIRECTOR
PHOTO CREDITS:
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PAGE 6: ©The Star-Ledger, PAGE 9: www.democratandchronicle, PAGE 10: Courtesy of the Texas Senate, PAGE 14: Courtesy of CNN, PAGE 17: www.heatherconley.com, PAGE 26: www.heatherconley.com