9-21-2009 Florida:
Mentally challenged man in prison 22 years for crimes he didn't commit will receive $2 million from the Broward Sheriff''s Office
The Broward Sheriff's Office has quietly reached a $2-million settlement with Jerry Frank Townsend, a mentally challenged man who was wrongly convicted and spent 22 years in prison for a series of murders that DNA later showed he did not commit, documents obtained by the Sun Sentinel show.
Under the terms of the settlement, reached with no fanfare, Townsend, who is now 57 but has the mental functioning of an 8-year-old, will receive a series of payments. He was paid $500,000 earlier this year and will receive $300,000 per year in each of the next five years.
The settlement in the civil rights violations lawsuit named the Broward Sheriff's Office, current and former sheriffs Al Lamberti, Ken Jenne and Nick Navarro, and former sheriff's deputies Tony Fantigrassi and Mark Schlein.
Broward sheriff's officials would not comment Monday and efforts to reach Fantigrassi and Schlein were unsuccessful. Court documents show the settlement in the Broward civil lawsuit was reached in April.
Last year, Townsend settled a similar civil lawsuit against the city of Miami for $2.2 million.
Townsend's attorney, Barbara Heyer, who worked on the civil cases for more than seven years, declined to comment and said Townsend would not be commenting either. In previous interviews, she described the sheriff's officials conduct as "egregious." She will receive $800,000 in legal fees from the Broward settlement.
Since he was freed eight years ago, Townsend has enjoyed spending time with his family and getting acquainted with his young grandsons, said Donald Spadaro, who acts as Townsend's legal guardian because of his mental disabilities. "He enjoys going to their football games," said Spadaro.
Townsend was sentenced to several life terms and served 22 years in prison for convictions in six murders and one rape he didn't commit in Broward and Miami-Dade counties. He was arrested in 1979 in Miami on a rape charge, then turned over to authorities in Broward who charged him with six murders.
The case became a notorious example of how mentally challenged people are particularly vulnerable to making false confessions under pressure from law enforcement.
The Broward Sheriff's Office and its deputies "fabricated evidence, concealed exculpatory evidence, tampered with witnesses, and coerced a false confession by intimidation and deception from [Townsend], who they knew was a mentally challenged person," the civil suit claimed.
Then-Deputies Fantigrassi and Schlein obtained Townsend's now-discredited taped confessions. Fantigrassi has since retired and Schlein is an attorney with the state Department of Financial Services.
Townsend was set free in June 2001 after DNA indicated the crimes were committed by another man, Eddie Lee Mosley, who was known as "the Rape Man" in his northwest Fort Lauderdale neighborhood. Mosley, 62, has been found incompetent to stand trial and is in a secure state psychiatric hospital in Chattahoochee, near Tallahassee.
Townsend was 27 when he was arrested for rape by Miami police. According to the lawsuits, Miami and Broward sheriff's detectives coerced confessions from Townsend, who has an IQ in the 50s, and turned on and off tape recorders to feed him details of the crimes. The confessions were rife with inconsistencies.
The injustice came to light after John Curcio, who was a Fort Lauderdale detective at the time but now works for the Sheriff's Office, sought DNA testing in cases attributed to Townsend. That testing led to Townsend's exoneration and helped clear Frank Lee Smith, who died of cancer on Death Row awaiting execution for another murder and rape that DNA attribute to Mosley.
In the Broward lawsuit, Heyer noted that the murders continued after Townsend was arrested in 1979 and that this fact alone should have convinced investigators they had the wrong man. ..Source.. by Paula McMahon South Florida Sun Sentinel
September 21, 2009
FL- $2 million settlement for Broward man cleared by DNA
September 5, 2009
TX- New state law gives dozens of wrongly convicted Texans a chance to prosper after prison
Personally, I think it is a miscarriage of justice even with the additional services, there is no telling what many of these may have aspired to if in society. Further, if other states do even less, this country is in a world of hurt, this shows the failure of lawmakers to recognize what the average person aspires to in their lifetime. Maybe someone knows what the average salary is for a middle class person, then add inflation, such a method may better show the sorrow that should be shown when people are wrongly convicted.
9-5-2009 Texas:
DALLAS — Thomas McGowan's journey from prison to prosperity is about to culminate in $1.8 million, and he knows just how to spend it: on a house with three bedrooms, stainless steel kitchen appliances and a washer and dryer.
"I'll let my girlfriend pick out the rest," said McGowan, who was exonerated last year based on DNA evidence after spending nearly 23 years in prison for rape and robbery.
He and other exonerees in Texas, which leads the nation in freeing the wrongly convicted, soon will become instant millionaires under a new state law that took effect this week.
Exonerees will get $80,000 for each year they spent behind bars. The compensation also includes lifetime annuity payments that for most of the wrongly convicted are worth between $40,000 and $50,000 a year — making it by far the nation's most generous package.
"I'm nervous and excited," said McGowan, 50. "It's something I never had, this amount of money. I didn't have any money — period."
His payday for his imprisonment — a time he described as "a nightmare," "hell" and "slavery" — should come by mid-November after the state's 45-day processing period.
Exonerees also receive an array of social services, including job training, tuition credits and access to medical and dental treatment. Though 27 other states have some form of compensation law for the wrongly convicted, none comes close to offering the social services and money Texas provides.
The annuity payments are especially popular among exonerees, who acknowledge their lack of experience in managing personal finances. A social worker who meets with the exonerees is setting them up with financial advisers and has led discussions alerting them to swindlers.
The annuities are "a way to guarantee these guys ... payments for life as long as they follow the law," said Kevin Glasheen, a Lubbock attorney representing a dozen exonerees.
Two who served about 26 years in prison for rape will receive lump sums of about $2 million apiece. Another, Steven Phillips, who spent about 24 years in prison for sexual assault and burglary, will get about $1.9 million.
The biggest compensation package will likely go to James Woodard, who spent more than 27 years in prison for a 1980 murder that DNA testing later showed he did not commit. He eventually could receive nearly $2.2 million but first needs a writ from the state's Court of Criminal Appeals or a pardon from the governor.
McGowan and the others are among 38 DNA exonerees in Texas, according to the Innocence Project, a New York legal center that specializes in overturning wrongful convictions. Dallas County alone has 21 cases in which a judge overturned guilty verdicts based on DNA evidence, though prosecutors plan to retry one of those.
Charles Chatman, who was wrongly convicted of rape, said the money will allow him some peace of mind after more than 26 years in prison.
"It will bring me some independence," he said. "Other people have had a lot of control over my life."
Chatman and other exonerees already have begun rebuilding their lives. Several plan to start businesses, saying they don't mind working but want to be their own bosses. Others, such as McGowan, don't intend to work and hope to make their money last a lifetime.
Some exonerees have gotten married and another is about to. Phillips is taking college courses. Chatman became a first-time father at 49.
"That's something I never thought I'd be able to do," he said. "No amount of money can replace the time we've lost."
The drumbeat of DNA exonerations caused lawmakers this year to increase the compensation for the wrongly convicted, which had been $50,000 for each year of prison. Glasheen, the attorney, advised his clients to drop their federal civil rights lawsuits and then led the lobbying efforts for the bill.
Besides the lump sum and the monthly annuity payments, the bill includes 120 hours of paid tuition at a public college. It also gives exonerees an additional $25,000 for each year they spent on parole or as registered sex offenders.
No other state has such a provision, according to the Innocence Project.
Exonerees who collected lump sum payments under the old compensation law are ineligible for the new lump sums but will receive the annuities. Whether the money will be subject to taxes remains unsettled, Glasheen said.
The monthly payments are expected to be a lifeline for exonerees such as Wiley Fountain, 53, who received nearly $390,000 in compensation — minus federal taxes — but squandered it by, as he said, "living large." He ended up homeless, spending his nights in a tattered sleeping bag behind a liquor store.
But after getting help from fellow exonerees and social workers, Fountain now lives in an apartment and soon will have a steady income.
Fountain's story is a cautionary tale for the other exonerees, who meet monthly and lately have been discussing the baggage that comes with the money.
Chatman said he's been approached by "family, friends and strangers, too."
"It takes two or three seconds before they ask me how much money, or when do I get the money," he said. "Everyone has the perfect business venture for you."
Though appropriately wary, the exonerees say they are excited about having money in the bank.
"You're locked up so long and then you get out with nothing," McGowan said. "With this, you might be able to live a normal life, knowing you don't have to worry about being out on the streets." ..Source.. by JEFF CARLTON
August 20, 2009
WI- 1980 murder suspect cleared of charges
8-20-2009 Wisconsin:
MADISON (WKOW) -- After 29 years behind bars, a man convicted of raping and murdering a UW student is cleared of those charges.
This month, a judge tossed out the conviction of Ralph Armstrong and blasted prosecutors. On Wednesday, the Dane County District Attorney's office said it will not appeal.
Dane County prosecutors thought they had their man. Ralph Armstrong, they said during the 1981 trail, raped and murdered Charise Kamps on June 24th, 1980. To the D.A., Armstrong was a likely suspect. He was seen with Kamps the night she was murdered, and he was a convicted sex offender on parole at the time.
Twenty-four years later, the Wisconsin Supreme Court overturned his conviction, based on new DNA tests.
In a statement, the D.A.'s office said it will no longer appeal, and insisted prosecutors "pursued the case in good faith" and "any errors...were the product of innocent mistake or oversight."
Armstrong's attorney, Jerome Buting, says that's not enough.
"Unfortunately, it doesn't sound like they're willing to accept much responsibility in the fact that this man spent 29 years in prison for a crime he did not commit," Buting said.
Armstrong maintained his innocence all along. "It's not my burden to find out who did," he said in 2005. "It's my burden of proof that it wasn't me."
Ralph Armstrong is not a free man yet. He was on parole in New Mexico when the murder happened -- so that parole was revoked.
He now has to return to New Mexico, where prosecutors could choose to make him serve out his sentence.
Armstrong's attorney says that is unlikely, since the violations were for drug and alcohol use.
Ralph Armstrong has already been transferred from prison to the Columbia County Jail. He is awaiting a transport from authorities in New Mexico. ..Source.. by Jeff Angileri
September 29, 2008
NY- Simple Complications Of A Wrongful Conviction
9-29-2008 New York:
From time to time over the years, my wife Mary and I would hear stories about total strangers who know about my case and would express dismay about the situation. One of the silver linings of this dark cloud we live is that we have been lucky enough to form friendships with many of those “strangers.” It is always comforting to hear of people who take the time to research my case and then form their opinion.
While at work recently, our daughter-in-law met a young woman who is currently studying law at a local college. During their conversation, the student offered that she is studying the convictions of innocent people and has an interest in defense work because of what she has learned. She went on to tell our daughter-in-law that she was currently studying the case of a local man by the name of Jack Carroll. News of such a coincidence might cause a cynical person to doubt its occurrence. After all, what are the odds?
Thinking about this interesting encounter triggered a view of the “big” picture. I wondered, as I often have, how had things gotten so complicated? How could something that started as a dream by a young girl end up causing so much destruction? How could it be that in this day and age of high tech everything, could lies and deceit about something so serious oppress the truth for so long?
In 1997, this all began so very simply. My ex-wife’s daughter had a dream that a boy was touching her. My ex then took the child to Troy Police Detective Stephen Weber, claiming that I was touching the girl.
In spite of the insistence of the girl that is was just a dream; Weber took her to his girlfriend (now wife), Nurse Practitioner Jane Szary, for an examination. Despite Szary’s negative findings- she found only a yeast infection- she nonetheless produced a sworn affidavit to the contrary. Oh, and by the way- she never mentioned the yeast infection in the affidavit. Everything else spun from Jane Szary’s bogus affidavit.
From the beginning of this fight, through the many years of battle and right through till today, the sole argument has been simple. I am innocent. I never, ever, ever did anything inappropriate to my former stepdaughter. I know that and she knows that. Nevertheless, as time passed, this lie took on a life of it’s own. While the war itself has not changed, the battles have become more and more complicated.
After our many efforts to prove my innocence failed, I was running out of options. Along came Troy powerhouse attorney, E. Stewart Jones, whose integrity and commitment to justice is above reproach. He took my case on pro bono.
Mr. Jones’ argument was simple; I was convicted because of one outstanding issue- the egregious and pervasive trial conduct of former Rensselaer County DA Patricia DeAngelis. He has said often, had it not been for the many instances of misconduct, there would never have been a conviction because there was no evidence. Of course, there cannot be evidence when there is no crime!
In December 1998, nearly one year to the day from my first conviction, my accuser attempted suicide. But, before doing so, she wrote a note. Prior to my second trial, Judge Patrick McGrath granted our request for the girl’s medical records, which included information about the suicide attempt and the note that she wrote. Yet, despite the court order, Ms. DeAngelis withheld the evidence.
Our efforts in the State courts to compel Ms. DeAngelis and Rensselaer County to comply with the court order have repeatedly failed, so we have moved our efforts to the federal courts. In 2007, the feds also denied our requests, saying in effect that we did not try hard enough in the State court. We were directed to go back to the State courts and try again. Three motions have been filed to date, with one denial and two pending decisions.
While all of this activity was occurring, the federal court has also been reviewing my request for habeas corpus relief. During the review, the federal district court judge expressed concern over Ms. DeAngelis’ improper mention of the attempted suicide issue to the jury.
Specifically, that Ms. DeAngelis presented her opinion of the suicide attempt yet withheld from the defense any evidence related to the event. As a result of this, the door has been opened for us to make another application to the federal court for this evidence.
Next is my parole issue. In December 2007, I appeared before my first parole board for parole consideration; I was denied. The parole commission’s reason was two-fold. First, they said that I failed to participate in a sex offender treatment program while incarcerated. Second, they stated that my release would be incompatible with the welfare of society. This was of particular interest to me considering that seven years ago, before my retrial, Ms. DeAngelis offered to release me back into the community with time served as long as I admitted to the crime I was charged with. I did not accept her offer to plead guilty to something I did not do.
I later discovered that the parole decision was also based on the parole board’s review of records from my overturned 1998 conviction that were inappropriately still included in my Corrections file. By law, the reversal of a conviction and/or dismissal of charges means the conviction never occurred. Yet despite the NYS Court of Appeals reversal of my 1998 conviction and dismissal of 3 rape charges against me, the records related to that conviction are still included in my files.
The inclusion of these records in my files gives the appearance that the original conviction was valid. I immediately brought this critical error to the attention of the Department of Parole, Department of Correctional Services, and the courts but so far all that has happened is a lot of finger pointing. To date, my records have still not been corrected and everyone claims it is someone else’s responsibility to do so.
Next, we have the extremely critical pre-sentence investigation report. The law mandates that the report be completed upon a felony conviction. Once a conviction occurs, the trial court orders the county probation dept to do an investigation and report on the defendant before sentencing. The pre-sentence investigation report is the primary document relied upon by the court for sentencing and also follows the defendant throughout his entire time in the prison and parole system. It is used as a tool and guide by anyone who deals with the inmate.
In 2001, after my conviction in the retrial, the court ordered Rensselaer County Probation Supervisor, Jane Hanft to complete a new report. She did not do so. She merely revived the 1998 report and changed the dates. Consequently, for seven years this illegal report has been used against me; including in my parole denial. The report also contained references to my 1998 dismissed conviction. I appealed to the courts to order a new report. Although Rensselaer County Court Judge Patrick McGrath agreed with me, he only ordered half of the report to be updated, leaving me with a pre-sentence report that is still partially incorrect. Presently, this too is in the state court for review.
In the meantime, I will soon be faced with a second hearing before the parole board. Yet, unless my files are corrected, I will likely suffer the same fate as in my first appearance. In order to correct this issue prior to the second hearing, I will spend many hours researching and filing paperwork to parole, DOCS and the courts.
Finally, we have the charges themselves. Due to the fact that they are “sex” charges, the inmate is required to participate in the state run sex offender counseling program (SOCP). However, DOCS has a policy of denying an inmate participation in this program before his minimum release date. They preclude him for participation until just prior to his conditional release date. This practice, in effect, adds months if not years to an inmate’s prison time.
Now, after being denied parole, DOCS is reporting that I need to complete the program before my next parole appearance. The twist is, they are ordering that I take the program in Buffalo, even though there are facilities closer to home that offer the program.
The bright side, if there is any here, is that recently the district court rendered a decision that DOCS can no longer mandate inmates who are convicted of sex crimes to admit to the charges. It seems that for years DOCS has been violating the constitutional rights of those who participated in the program.
Recently, I was called to the facility school to meet with my counselor. While there, I had a brief conversation with an administration staff member who is familiar with my case through the media. He asked me several questions about the current status of the case. At the end of our talk he said, “How could something so simple get so terribly complicated?” The only answer I could give was that it was the simple complications of a wrongful conviction.
EDITOR’S NOTE: John “Jack” Carroll of Troy, is currently incarcerated in the Great Meadow Correctional Facility at Comstock, convicted of sexual abuse as a result of what his attorneys and family members say was prosecutorial misconduct by former Rensselaer County district attorney Patricia DeAngelis.
Carroll, 49, a former salesman, was convicted in December of 1997 for the rape and sexual abuse of his then 13-year-old stepdaughter. On appeal, the New York State Court of Appeals dismissed the rape convictions and ordered a new trial on the sexual abuse counts. He was convicted a second time on the sexual abuse counts in January, 2001. DeAngelis, who was assistant district attorney during the period of Carroll’s two trials, prosecuted both trials.
http://www.northcountrygazette.org/articles/030206DeAngelisGoesFed.html
Carroll has steadfastly maintained his innocence.
On appeal, Carroll’s attorney argued that the trial court judge had prevented Carroll from introducing an exculpatory tape-recorded phone call and on grounds there was no evidence of rape.
The Appellate Division of the state Supreme Court, Third Department denied the appeal and affirmed the conviction. Carroll appealed to the Court of Appeals and the high court dismissed the three rape charges that “there had been no evidence or testimony of penetration of any instrumentality”.
The court further ordered a new trial for the six sex abuse counts on the grounds the taped phone call should have been admitted at trial. At that time, Carroll had served three years in prison.
On the eve of the new trial, Carroll refused the prosecution’s plea bargain offer to plead to a misdemeanor count of endangering the welfare of a child for which he would be sentenced to time served. He maintained his innocence and opted to go to trial, was reconvicted, and sentenced to 12 to 24 years in prison, a harsher sentence than the original and which he and his attorney say was procured by the prosecutorial misconduct of DeAngelis.
The appellate court has on at least three occasions overturned sex crimes convictions on the grounds that DeAngelis and her office improperly attempted to shift the burden of proof, repeatedly strayed beyond the bounds of permissible conduct and denied defendants a fair trial.
DeAngelis was defeated fall in her bid to become Rensselaer County Court judge by Robert Jacon. She decided not to seek reelection as district attorney last fall. She is currently prosecuting traffic tickets part-time in the Stephentown Town Court.
For more about the Carroll case, see http://www.justicenow4.com/ 9-22-08
..News Source.. by Jack Carroll
