legal aid society wrongful conviction unit legal aid society wrongful conviction unit

Vacating and dismissing these cases is both constitutionally required and necessary to ensure public confidence in our justice system.. We are excited that this collaboration with the Wrongful Conviction Unit will provide more access to legal advocacy for incarcerated New Yorkers, while also growing CUNY Laws relationship with the Legal Aid Society, one of our closest partners, said Nicole Smith Futrell, Associate Professor and Co-Director of the Defenders Clinic. Hale disclosed none of this to Coopers defense counsel, according to Coopers civil complaint. Legal Aid Society . This case presents a number of disputed factual and legal issues which are appropriately resolved in a court of law and not in the media, the statement said. When he was convicted, she told New York Focus, she thought that was the end of my world., In 2013, controversy over Hynes tactics helped Kenneth Thompson defeat Hynes. The Cop Accountability Project (CAP) of the Criminal Defense Practices Law Reform and Special Litigation Unit empowers organizations and communities across New York City to hold police accountable for human rights violations. They rejected him. Content may not be reproduced without permission. {{ "Empowering you to find what you need" | translate }}, {{ "It's always 100% free" | translate }}, {{ 'Search for resources' | translate }} >, {{ 'Learn how to use One Degree' | translate }} >, {{ "One Degree amplifies your work" | translate }}, {{ "View tools & resources" | translate }} >, {{ "We're a 501(c)(3) technology-driven non-profit" | translate }}, {{ 'Learn more about us' | translate }} >, {{ 'Learn about our impact' | translate }} >, {{ 'How do I search for resources on the One Degree app?' They cannot be made over the phone. If you are innocent and have exhausted all appeals for a conviction in New York City, write to The Wrongful Conviction Unit and request our questionnaire to be considered for representation: The Wrongful Conviction Unit All Rights Reserved, Wrongful Convictions, Appeals, Clemency & Sealing, Empowering People with Disability & Health Issues, Lifting the Voices of Children & Adolescents, Supporting Survivors of Violence & Navigating Divorce, Alfonzo Riley Uses His Second Chance to Seek Clemency for Others. These positions require . By Rebecca Davis OBrien and Troy Closson. In New York, most employers and agencies can only deny you a job or license because of your criminal conviction if theres a direct connection between the work and the offense or if giving you the job or license would involve an unreasonable risk to people or property. Member Organizations. The NYC health commissioner explains how City Hall plans to support supervised injection sites and other portions of a new initiative to reduce overdose deaths 15% by 2025. When he was convicted, she told New York Focus, she thought that was the end of my world.. Less than 24 hours after Chens murder, Sims was the primary suspect. In the year following Sims trial, Graves and his family received more than $22,000. The article has been updated to account for the one exoneration produced in that year. Two men who died of drug overdoses after leaving Manhattan gay bars last spring died by homicide, according to findings from New York Citys chief medical examiner. This involved evaluating court documents, conducting investigations, presenting to a panel of academic and legal professionals, and devising a new method of archiving documents for the project. Find and save resources 24/7 from anywhere!' 4 The National Registry of Exonerations, "Basic Patterns" (Nov. 2016). Prior to joining the Legal Aid Society in 2016, David spent 10 years as the Managing Attorney at the Innocence Project, where he supervised attorneys working to exonerate innocent clients and spearheaded the organization's amicus curiae practice throughout the country. The Legal Aid Society 4.3. On Monday, the Legal Aid Society announced it had proven to the court that Davis did not shoot and kill a man at a 2004 party in East New York. . Heres what you should know to prevent wrongful discrimination. The concerns over his cases sparked the broader review in Brooklyn, as prosecutors began to examine past cases handled by other officers who were similarly charged and convicted of misconduct that was directly related to their jobs. The police department did not respond to a request for comment. Civil law is the law that controls non-criminal issues.Civil lawsuits generally do not result in jail time or "punishment." Instead, the outcome of a civil case is usually an order from a judge that one person pay another person money to make up for harm that they caused, handling a family law (custody, divorce, etc.) Rarely did any of the 167 inmates he testified against escape the death penalty. The Legal Aid Society is built upon one simple but powerful belief that no New Yorker should be denied the right to equal justice. But we know that wrongful convictions happen. Before the murder, he said, I had everything going for me., I remember looking forward to coming home because my sons would hear me in a hallway, he said. Queens DA Melinda Katz Moves To Expunge 60 Convictions Linked To Corrupt NYPD Officers, We rely on your support to make local news available to all, Overdose prevention centers save lives but remain in legal limbo, as NYC moves toward expansion, Overdoses of two men leaving Manhattan gay bars last spring found to be homicides, A man is dead after an encounter with police in New Jersey, Suspect arrested in connection with NJ State Trooper shot in leg. PHOTO CREDIT: Eagle Photo by Noah Goldberg. New York Focus Or email: wcu@legal-aid.org. I want to support him now because hes another one of the many individuals thats in there for something he didnt do, said Cooper. It is my belief Mr. Graves will indicate he in fact saw the defendant shoot and kill the deceased in this case. Email. Apparently the quickest way to corral the populace into *smart cities* with relentless surveillance is to A PRDU Staff Attorney represents clients accused of violating their conditions of release at administrative parole revocation hearings and recognizance hearings held in the criminal courts, federal detention facilities, hospital prison wards and, where applicable, local . Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. Sims trial lasted five days. Gothamist is a website about New York City news, arts, events and food, brought to you by New York Public Radio. All rights reserved. {{ "Available to anyone, anytime" | translate }}, {{ "Read about our impact and get recent news:" | translate }}, {{ "See One Degree in the Media:" | translate }}, {{ "Explore helpful videos, webinars, slides and more for Pro members" | translate }}, {{ "One Degree keeps all of our resources up-to-date every 6 months" | translate }}, {{ 'Search by text message available!' The move is part of an expansive effort by prosecutors across the city to review cases, even decades old, that involved discredited police officers. Despite his obligation to correct false testimony by witnesses, Hale did not challenge Graves claims. This article has also been updated to clarify that the CRU also moved to vacate 90 convictions based on the testimony of disgraced NYPD narcotics detective Joseph Franco. Occasionally, the family stayed together in a trailer on the prison grounds. For Elizabeth Felber, the director of the Legal Aid Society's Wrongful Conviction Unit, . Founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University, the Innocence Project works to free the innocent, prevent wrongful convictions, and create fair, compassionate, and equitable systems of justice for everyone. Students from the clinic have teamed up on our cases and the forensic scientists routinely consult on forensic science issues. To Jabbar Collins, that conflict of interest makes it imperative that a CRU is led by someone outside the office. Individuals who believe they qualify for clemency should apply online with the Governor's Office. During trial, a state witness testified that police had coerced him into implicating Campos, that he had later recanted his statement to Hale, and that he had failed a lie detector test. In a statement through his attorneys, he told New York Focus that he thought if he accused Graves in the letter, it would just seem like I was looking for a scapegoat., I wrote in bold letters, I AM INNOCENT, Sims said in his statement to New York Focus. Each of the NYC DA offices are currently reinvestigating our cases. When questioned by the trial judge after the witnesss outburst, Hale initially denied any knowledge of a lie detector test. I would just hear them screaming Daddy, Daddy, Daddy!. His then-wife, Kisha Sims, said she expected that he would be acquitted and had been planning a coming home party for him. And that cannot be done by the District Attorneys Office., A May 2021 rally called on the Conviction Review Unit to overturn Sims conviction and expedite other pending cases | Josmar Trujillo. With a backlog of 100+ potential clients, The Legal Aid Society will hire a Post-Graduate Fellow to work on the project, and the Defenders Clinic will add a paralegal. I think thats a farce, said Collins. There is nothing that you need to do to make this happen. James Davis. Indianapolis, IN 46202. Public defenders and advocates for criminal justice reform say Sims case highlights an inherent problem with the Brooklyn CRU and similar conviction review units in DAs offices across the country, in which prosecutors serve as the gatekeepers for potentially innocent people seeking to overturn convictions that resulted from their own misconduct. Last fall, the Queens district attorney moved to dismiss 60 such cases. Wrongful Conviction Clinic. Eric Gonzalez, right, the Brooklyn district attorney, in 2020. Research shows challenges to wrongful convictions have extremely low success rates; even defendants who were later exonerated by DNA evidence had their appeals rejected in more than 90 percent of cases, one study found. 5. Biography Early life and education. At the time, all we knew was that he had been forced to give up his green card. The lawsuit, against the New York City Department of Buildings (DOB), the New York State Department of Homes and Community Renewal (DHCR), and individual landlords, now includes . As New York Citys primary public defender, The Legal Aid Society has trial offices across all five boroughs, and specialized unitssuch as DNA litigation, forensics, and a Wrongful Conviction Unit (WCU) launched in March 2019. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. 199 Water Street A conviction may be classified as wrongful for two reasons: All of the other officers were also convicted of crimes that involved abuse of power, prosecutors said mostly during undercover work and street level policing. Extra Extra: Did someone shortchange this East Hampton 'honor-system' egg stand? Meet the Newest Network Im sure that there are hundreds of other cases just like mine, Campos wrote to New York Focus from prison. 2023 The Legal Aid Society. Conviction Review Unit. The next day, the jury acquitted Sims of intentional murder and convicted him of depraved indifference murder. The Wrongful Conviction Unit was created to address the population of prisoners who have exhausted all possible avenues of defense and are still fighting for their freedom. Click here to learn more and register. The Bronx district attorney has also vacated more than 250 convictions that relied on a single officer, who has since been accused of lying in other cases. Historically, the parole boards routinely denied parole to people who maintained their innocence because they were not accepting responsibility for crimes they did not commit. On appeal, the conviction was overturned due to the wrongful admission of the interrogation. View Case Acceptance Criteria. I always just wanted to run in the back and just run with my dad and just hide, like, Dad, Im staying with you, Anthony Sims Jr., now 27, told New York Focus. 2023 40 Worth Street, Suite 606. PHOTO CREDIT: Eagle Photo by Noah Goldberg. c/o The Legal Aid Society A new review by the CRUunder a different directormay be Sims best chance at exoneration. Sims has since remarried, to his junior high girlfriend, Keisha Sims. Provided direct support to NYC Department of Social Services (DSS) Commissioner - former long-time attorney-in-chief of NYC Legal Aid Society - including assisting with City Hall and senior staff . (formerly Bashian & Farber, LLP), from November 2017 to September 2019, where she practiced criminal defense, general civil litigation and trusts & estates. Graves did not respond to multiple requests for comment from New York Focus. Click here for a schedule of events and list of speakers. On Wednesday, Eric Gonzalez, the district attorney in Brooklyn, asked a state judge to vacate the first 15 convictions under his purview, all of which involved felonies and several of which resulted in prison time, according to the prosecutors office and the Legal Aid Society. In the Clinics Second Look Project: Beyond Guilt, students work diligently on parole and clemency cases to locate and review court documents and records, re-investigate cases, and prepare motions and advocacy petitions. They almost do more damage in terms of eroding peoples trust and confidence in the system.. I know in my heart and God knows that I am not capable of what I was convicted of, Sims said, according to a court transcript. | translate }}. Tandy Lau is a Report for America corps member and writes about public safety for the Amsterdam News. t the time, his sons were 4 and 5-years-old. The 378 cases mostly low-level drug and traffic offenses relied on the work of 13 police officers who were later convicted of crimes. It reflects a broader push to scrutinize police testimony and a recognition of the catastrophic effects that even misdemeanor convictions can have on people. Elizabeth Felber, supervising attorney for the Legal Aid Societys Wrongful Conviction Unit, said she hopes the next head of the unit, Hales replacement, comes from the defense community, as has been the practice in other jurisdictions in New York, such as Queens and Westchester. Read More. Legal Services NYC Website. All Rights Reserved, Wrongful Convictions, Appeals, Clemency & Sealing, Empowering People with Disability & Health Issues, Lifting the Voices of Children & Adolescents, Supporting Survivors of Violence & Navigating Divorce, City of New York Law School in Queens, New York (CUNY), 8th Annual Questioning Forensics Conference, 18B or Public Defender (Individual Rate) $125, Public Defender (Bulk Rate, 3 or more staff from the same office) $100, LAS Staff & Student Interns/Volunteers Free. In 2013, controversy over Hynes tactics helped Kenneth Thompson defeat Hynes. One of those officers, Jerry Bowens, was charged with killing his girlfriend while he was facing charges arising from the corruption case. Hes now 46. Although he did not pull the trigger and was actually nowhere near the shooting, he was charged under New Yorks controversial felony murder law and sentenced to 71 years to life. But at trial, Sims defense counsel said that Graves, not Sims, was the perpetrator. They should be an entirely independent agency, totally separate from any DAs office., A lot of the prosecutors know each other, he said. To me that's just an inherent dual loyalty," said Elizabeth Felber, a supervising attorney at the Legal Aid Society's wrongful conviction unit. To me that's just an inherent dual loyalty," said Elizabeth Felber, a supervising attorney at the Legal Aid Society's wrongful conviction unit. | translate }}, {{ "Why should I sign up for an account?" Wrongful Convictions, Appeals, Clemency & Sealing, Empowering People with Disability & Health Issues, Lifting the Voices of Children & Adolescents, Supporting Survivors of Violence & Navigating Divorce. How can I contact you?" District Attorney, Major Crimes Division, Legal Aid Society, Seymour James, Lee Long, NYPD, Lamar Palmer, . The police stated that if I do not appear tomorrow morning at the trial, they are going to release Anthony and charge me with the murder, he said in his 2002 affidavit. So, I appeared the next day and did whatever it was they wanted.. Unit Operations of Chemical Engineering (Warren L. McCabe; Julian C. Smith; Peter Harriott) . After the shooting, Graves told police that he took the gun home with him and wiped it down to remove fingerprints. Pursuant to a federal grant, our WCU has teamed up with CUNY Law Schools Criminal Law Clinic and the Henry Lee Institute of Forensic Science to broaden its ability to represent the wrongfully convicted. Nearly 75% of Defender Clinic students intern at The Legal Aid Society. Browse Resources . Involved and accomplished at a range of pro-bono initiatives.Skilled in Legal Writing, Advocacy Appeals, Legal research Constitutional Law, Civil law, Criminal Law, Human rights law, Terrorism law, Evidence law, and Alternative Dispute Resolution. Thompson recruited Harvard professor and former public defender Ronald Sullivan to lead the units effortsbut Mark Hale, the prosecutor from Sims case, was charged with supervising the units day-to-day activities. The collaboration between the Defenders Clinic and The Legal Aid Societys Wrongful Conviction Unit will help the next generation of social justice attorneys develop vital lawyering skills while increasing access to post-conviction legal representation. | translate }}, {{ 'Anyone can search for resources on One Degree by text message' | translate }}, 2023 One Degree, {{ 'a 501(c)(3) nonprofit.' In that case, officers were found to have planted evidence, falsified records and rewarded informants with drugs. In certain cases, video As a result of harmful changes to immigration law and policy, Legal Aids clients are increasingly unable to access justice before the USCIS and the immigration courts. New York, New York, United States . Prior to joining the Legal Aid Society, Sherry was Of Counsel Bashian P.C. Requests for review must be done by letter or email. he did not see who shot the victim and did not know who did. CUNY Policy On Sexual Misconduct. Defense attorneys point to Hales control of the unit as a key reason for the slow pace of exonerations, New York Focus and The Appeal reported in May. Professors and Defenders Clinic Co-Directors Steve Zeidman (left) and Nicole Smith-Futrell (right) discuss their work on clemency. The partnership between CUNY Law and the Legal Aid Society is symbiotic: The Legal Aid Society increases the capacity of their client services; experienced attorneys learn about clinical teaching and supervision in an academic setting, and students are exposed to the most current and specialized practice approaches. | translate }}, {{ "Add or edit any resource" | translate }} DECISION AND ORDER BRENDA K. SANNES Chief District Judge. The judge told them to keep going. but did not discuss the year that she supervised the Conviction Review Unit before the Bureau was created. Tenant/landlord issues. When he went to prison, his wife, Kisha, brought their children to visit every weekend. Sims said he told his trial counsel that he saw Graves commit the crime and asked to testify, but that the lawyer advised him not to testify. A PRDU Staff Attorney represents clients accused of violating their conditions of release at administrative parole revocation hearings and recognizance hearings held in the criminal courts, federal detention facilities, hospital prison wards and, where applicable, local correctional . Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. The Criminal Appeals Bureau prepares commutation applications for eligible clients individuals with excellent institutional records who have served more than half of their minimum term and are more than a year away from parole eligibility. | translate }}, {{ "Is One Degree free? Under a recent New York State law (CPL 160.59), some people may be able to get their criminal convictions sealed. In April, the CRU also moved to vacate 90 convictions based on the testimony of disgraced NYPD narcotics detective Joseph Franco. As a subscriber, you have 10 gift articles to give each month. Try our guided search" | translate }}, {{ 'Get the free One Degree App' | translate }}, {{ 'Use our apps to find and save resources 24/7' | translate }}, {{existingAffiliation.organization_name}}. Wrongful conviction lawyers have submitted the case to the Queens DA's Conviction Integrity Unit. The bottom line is that the D.A.s Office is fighting to uphold Anthonys conviction despite overwhelming evidence that Anthony is innocent and never received a fair trial, said his attorney, Anthony should not have to suffer further years in prison while a hearing and likely appeal wend their way through the legal system even as prosecutors possess evidence showing that Anthony belongs home today with his wife and kids.. The state has two years to implement the expungement, BUT if you have an expungeable PL 221 offense it is already being suppressed and it should NOT show up on a background check. Make your contribution now and help Gothamist thrive in 2023. Coopers appellate criminal defense attorney and civil attorney is Tom Hoffman, the same person representing Sims. | The Legal Aid Society is the nation's oldest and largest provider of legal services to the indigent. The office spent 10 months reviewing every Brooklyn conviction in which the 13 former officers were involved, flagging for dismissal cases in which they served as the primary witnesses. 199 Water Street. All Rights Reserved. Please register prior to March 10th. From 2014 until Thompsons death in the fall of 2016, Brooklyns unit exonerated 21 people. Emily Niedzwiecki. White Plains, NY 10601. Riley also believes that there are many others who deserve the second chance that he received. Another 20 were tossed because they hinged on the work of Detective Sasha Cordoba, who pleaded guilty in 2018 after prosecutors found she made repeated false statements in a gun possession case in Washington Heights in Manhattan. Graves only agreed to testify after his fiance was arrested, according to a statement he gave in 2002, which he has since recanted. "Most of our cases are 20 to 30 years old and the DNA technology has . Citizens of society put their trust in the courts to keep communities safe. It was based almost entirely on Julius Graves recantation of his testimony in 2002. The site contains instructions and forms for applying for commutations and pardons. | translate }}, {{ "I still have a question. Join to connect . But the CRUs preliminary review may have been undermined by a fundamental conflict of interest: Mark Hale, who led the unit from its creation in January 2014 until July of this year, was the lead prosecutor in Sims murder trial. SCOTUS Rejects J&J's Appeal of $302M Deceptive Marketing Penalty. Section II looks at the role cognitive biases play in wrongful convictions. Elizabeth Felber, a supervising attorney at the Legal Aid Societys wrongful convictions unit, thanked Katz, who is the first District Attorney in the city to seek to overturn convictions in response to the mass exoneration campaign Felbers organization helped spearhead.Felber also directly addressed the 60 people who had their convictions purged, some of whom she said served prison sentences, lost jobs, and had licenses suspended as a result. | translate }}, {{ 'Find and save resources 24/7 from anywhere' | translate }}, {{ 'Get the free One Degree App. A hearing before Chun is scheduled for next month. I expected the CRU to interview me, which would give me a chance to answer their questions and give a detailed account of seeing Julius shoot the victim., The CRU did not contact Sims to learn more about his claims. Hale had also falsely told Campos trial counsel that the witness had never recanted. 155, 156 taxation 148 trade union members, prohibited list of 365 trade unions, against 323, 394, 406 wrongful dismissal see under wrongful dismissal see also compensation declarations 58, 59, 274, 301, 366 agency workers 65 detriment: trade unionism . Graves testimony was essential for the prosecutions case. Admission & Aid Overview; Undergraduate Admission; Lorenzo Johnson served 16 and a half years of a life-without-parole sentence, from 1995 to 2012, when the Third Circuit Federal Court . The mainstream media can make a difference and help curb wrongful convictions here in the United States. Iowa State Public Defender Wrongful Conviction Division Des Moines, IA. Quick hits with little oversight, said Charles Linehan, a former Manhattan prosecutor who has run the Brooklyn district attorneys conviction review unit since January. | translate }}, {{ "How do I add all the resources in my area?" Legal Aid Society Wrongful Conviction Unit, Iowa State Public Defender Wrongful Conviction Division. The CRU will contact the convicted . Myself and a multidisciplinary team of students reviewed criminal cases in Western Australia for possible wrongful conviction. Sims also says he told all his appellate attorneys that he saw Graves commit the crime; h. is one surviving appellate attorney confirmed this to his current counsel. This is a very important role; the work of this committee is of extraordinary importance, not just to the Muslim community, but to all communities in New York. Yet, when he appeared at trial, Graves testified that he was in court voluntarily and that he regularly checked in with his probation officer. Sims attorneys have filed a petition to overturn his conviction, but the judge hearing their case, Danny Chun, has never reversed a conviction during his 16 years on the bench. The Wrongful Conviction Unit continues to grow in size and outreach since its inception in 2019. The PATRIOT ACT is invoked against TREASONOUS Justices aiding and abetting abject fraud culminating in GENOCIDE of the American middle class. Three weeks later, all his charges were dropped. Collins was wrongfully convicted in 1995 in Brooklyn; his own investigation led to his exoneration in 2010. The grant will be managed by the Research Foundation of CUNY. The woman had told the authorities that Mr. Sandino warned that she would go to jail and lose custody of her children if she refused. Member Board of Directors Drama Club Feb 2015 - Jun 2022 7 years 5 . The Wrongful Conviction Unit was created to address the population of prisoners who have exhausted all avenues of relief and are still fighting for their freedom and to clear their names of crimes they did not commit. His son began to sob. | translate }}, {{ "How do I save resources on the app?" Despite his obligation to correct false testimony by witnesses, Hale did not challenge Graves claims. During DA Gonzalezs tenure, nine people have been exonerated. Identifying and understanding the causes of wrongful convictions is critical to maintaining the integrity of our justice system. After taking office in 2014, Thompson expanded the Conviction Review Unit, . We cannot stand behind a criminal conviction where the essential law enforcement witness has been convicted of crimes which irreparably impair their credibility, said District Attorney Melinda Katz in a statement. DNA; Non-DNA; Browse All Categories; Urgent. All Rights Reserved, Wrongful Convictions, Appeals, Clemency & Sealing, Empowering People with Disability & Health Issues, Lifting the Voices of Children & Adolescents, Supporting Survivors of Violence & Navigating Divorce, Discrimination Based on Arrest & Conviction Records, What You Need to Know About Marijuana Legalization in New York, What You Need to Know About Marijuana Expungement, What You Need to Know About Loitering & Prostitution Records, What You Need to Know About Sealing Your Criminal Convictions, What You Need to Know After Your Convictions Have Been Sealed, What You Need to Know About Discrimination Based on Arrest and Conviction Records. ), what are the main parts of each system? While working to seek exoneration of our clients, we have successfully advocated for the release of incarcerated clients who have gone before the parole board but maintained their innocence. Last spring, several defense and civil rights organizations sent a letter to the citys five district attorneys and the special narcotics prosecutor, identifying 20 police officers who had been convicted of crimes and two others who had engaged in work-related misconduct. . In statements to the press, the Brooklyn DAs office has claimed that Hale did not review Sims case. More than half of wrongful convictions can be traced to witnesses who lied in court or made false accusations. The Wrongful Conviction Unit continues to grow in size and outreach since its inception in 2019.