Exonerations Continue Across the Country -- But are Innocent Prisoners Ever Truly Free?

On May 21, after nearly 26 years in prison for a crime he didn't commit, Michigan prisoner Walter Swift was finally released. But is he really free?

What does it take to be freed from a wrongful conviction?

In the case of Walter Swift, who was found guilty in 1982 of a rape and burglary in Michigan, an air-tight alibi, exculpatory forensic evidence, and a clearly clueless defense attorney who would later lose his license weren't compelling enough reasons to spare him from conviction. And for years, they were not enough to get him cleared for a crime he did not commit.

Swift, who is African-American, was convicted based solely on an eyewitness identification by the victim, a pregnant white woman who described the man who attacked her as a black teenager, clean-shaven, with braids and "poofs of hair" on his head. Yet, when presented with a police line-up that included Swift -- well over 18 years old, with a mustache, long sideburns, and short, unbraided hair -- she chose him, telling the police she "believed" he was the man who had assaulted her. The police officer in charge expressed doubts, saying she seemed unsure of her selection, but Swift's fate was as good as sealed. The accuracy of her identification was never questioned in the courtroom.

False identification is one of the leading reasons innocent people are thrown in jail. When it comes to cross-racial identification, the problems are especially pronounced. Decades' worth of research has found evidence of bias when the accused is of one race and the accused is of another. Swift's case is a classic example.

In prison, Swift maintained his innocence for years. When he became eligible for parole in 2000, it was repeatedly denied, due to his refusal to admit to his guilt. After more than 15 years behind bars, Swift contacted the Innocence Project, who decided to take his case.

"Over the course of a decade, each layer we pulled back led to more evidence that Walter Swift is innocent," said Olga Akselrod, a staff attorney, in a news release. "We also began to work with people throughout the criminal justice system, some of whom were directly involved in convicting Mr. Swift, who were becoming increasingly convinced of his innocence. It's highly unusual to have the original prosecutor, the police officer who investigated the case and the lab analyst who handled the case all come forward to support an innocent prisoner -- but that's exactly what happened in this case."

With the team of people who first imprisoned him now behind him, Swift was exonerated and released from prison on Wednesday, May 21st. He spent almost 26 years behind bars.

Incredibly, the prosecutor's office will not go so far as to admit to his innocence. "Our position is not that Mr. Swift is innocent," prosecutor Kym Worthy told reporters yesterday. "Our position is that there were some irregularities and some things that should not have happened during this trial."

Still, leaving Detroit's Frank Murphy Hall of Justice, Swift told reporters he was not bitter. "I might just take a walk," he said. "I've been craving to take a walk."

His 27-year old daughter, Audrey Kelly Mills, however, who has not seen her father since she was a baby, expressed anger at the injustice of his incarceration for a quarter century. "I'm angry that this is supposed to be a justice system, and it's nothing even close to a justice system," she said.

As with so many stories of innocent prisoners who are exonerated after being locked up for years, news reports show images of a joyful Swift, eager to enjoy his second lease on life. But reality can often be cruel wake-up call.

Earlier this week, CNN did a two-part report on life after a wrongful conviction. Concentrating on Dallas County, Texas (the unofficial exoneration capital of the country) and with a focus on prisoners who were cleared thanks to DNA evidence (only a fraction of exonerations), it tells the story of Wiley Fountain, a 51-year old black man who, five years ago, was freed from prison after a decade and a half, only to find himself homeless.

"What happens to these men in the months and years after their release is an often overlooked story," writes CNN reporter Ed Lavandera. "These men find themselves starting life at middle age."


"Some men have married and had children … Others came out of prison so jaded and changed that it ruined marriages and relationships. A few have had repeated troubles with the law. And almost all of them talk about how the ghost of their past follows them wherever they go."

In Fountain's case, according to CNN, "Just as the headlines of his release vanished from the front pages of the newspaper, Fountain, 51, has disappeared."

"And so have his hopes for a fresh start after spending 15 years in prison for an aggravated sexual assault he did not commit."

Swift is 47 years old, just about the same age as Fountain was when he was released. "I know it's a beautiful time right now, but life will start to get back to reality," he told the Detroit Free-Press. "This is a million light-years from where I was … I can't describe the distance and time."

Jury spares Hough from death sentence

A jury has recommended that Terrance Hough Jr. spend the rest of his
life in prison for his killing spree last summer.

Jurors reached their decision less than three hours after they began deliberating. They could have recommended a death sentence or sentence of life in prison with no parole or with parole eligibility in 25 or 30 years.

Hough, 36, opened fire on his neighbor and a group of friends during a
dispute over noise just after midnight July 5.

He killed Jacob Feichtner, 24, who lived next door, as well as Feichtner's friends Katherine Rosby, 26, and Bruce Anderson, 30. Donny Walsh, 24,and his 25-year-old fiancee, Katherine Nicholas, were also shot but survived.

Cuyahoga County Common Pleas Judge Shirley Strickland Saffold imposed
the sentence after the victims and their families gave statements.

(source: The Plain Dealer)

Defendants want executioners to testify in lethal injection case

2 capital murder defendants argued through court documents that people
who
carry out executions in Ohio should be called as witnesses in a case
challenging the state's lethal injection method.

Ronald McCloud, 28, and Ruben Rivera, 38, two defendants who could face
the death penalty if convicted, have argued that Ohio's method of
lethal
injection violates state law that requires a quick and painless death.
In
a brief submitted yesterday to Lorain County Common Pleas Judge James
Burge, McCloud and Rivera asked to reopen the evidence in the case so
they
could call the medical personnel on the Ohio execution team as
witnesses.

Jeffrey Gamso, head of the Ohio Civil Liberties Union who is
representing
McCloud and Rivera, wrote that they want to ask the execution team
members
how they do their jobs and what they do when they come across problems
with executions. Burge has given the state 2 weeks to respond to the
arguments of McCloud and Rivera.

Of the 3 members of the execution team, 2 of those people are EMTs and
the
3rd has certification with the American Society if Clinical
Pathologists,
Gamso wrote in the brief yesterday.

2 expert witnesses, both anesthesiologists, one for the state and one
on
behalf of McCloud and Rivera testified in a hearing in April. Dr. Mark
Heath, on behalf of McCloud and Rivera, testified that Ohio's lethal
injection protocol is not appropriate for dogs or cats, let alone
humans.
Dr. Mark Dershwitz, an expert witness for the state testified that
Ohio's
execution procedure is humane and includes enough anesthetic to knock
out
an average inmate for 2 hours.

Gamso pointed out what he claims are two botched executions in the past
3
years.

Joe Clark, who was executed on May 2, 2006, took 88 minutes from the
entry
of the medical team until he was pronounced dead. Clark sat up during
the
execution, complained that it was not working and asked for something
to
kill him by mouth.

On May 24, 2007, the execution of Christopher Newton took 110 minutes,
Gamso wrote. Newspaper reports showed that Newton turned blue as his
chest
heaved after the execution team finally injected the lethal chemicals.

2 anesthesiologists who testified in the case agreed that a person
properly anesthetized with sodium thiopental, the 1st of 3 drugs used
in
the process, or another barbiturate, will not feel pain. But is
something
goes wrong, Gamso wrote, the other 2 drugs, pancuronium bromide and
potassium chloride, could cause and excruciating death.

Burge has said he expects to rule on the case before Rivera goes on
trial
for the murder of Manual Garcia, 48, in August 2004 in Lorain for a
drug
related robbery. McCloud, who is accused of raping and killing Janet
Barnhard, 57, at the Living Water Christian Fellowship Church in June
2005, is also awaiting trial.

(source: The Morning Journal)

Death sentence possible for Cleveland firefighter

The question now before a Cleveland jury is whether a city firefighter
should be sentenced to die for killing 3 people over noisy fireworks in
his neighborhood.

The jury that convicted Terrance Hough Jr. last week is scheduled to
return Tuesday for the sentencing phase of the trial.

36-year-old Hough was found guilty on three counts of aggravated
murder,
for the shooting deaths of next-door neighbor Jacob Feichtner and two
of
Feichtner's friends just after midnight last July 5.

Hough also received 2 attempted murder convictions for wounding two
others
in the rampage. (source: Associated Press)

Officials: Convicted Mississippi killer Berry executed

Wednesday, May 21, 2008 by toddv
The Associated Press
PARCHMAN - State corrections officials say convicted murderer Earl Wesley Berry has been executed at the Mississippi State Penitentiary at Parchman.

Berry’s execution came at 6:15 p.m CDT Wednesday.

He had hoped for a last-minute stay from the U.S. Supreme Court, but the full court denied his appeals and he was put to death by lethal injection for abducting Mary Bounds outside her church in 1987 and beating her to death.

Berry is the second inmate executed in the nation since the U.S. Supreme Court upheld Kentucky’s lethal injection procedure in April.

Last Words from Condemned inmates throughout the USA

"There is no way words can express how sorry I am for taking the lives of my babies. Now I can be with my babies, as I always intended."

- Christina Marie Riggs, executed in Arkansas on May 3, 2000

"We all know what really happened, but there are some things you just can't fight. Little people always seem to get squashed. It happens. ... There is no man that is free from all evil, nor any man that is so evil to be worth nothing. "

- David Castillo, executed in Texas on Aug. 23, 1998

"I just hope everything goes all right. I hope the Lord takes me home. Thank you, warden."

- Clifton Allen White, executed in North Carolina on August 24, 2001

"I didn't take [the last meal] because I have very strong convictions about abortion and the 33 million babies that have been aborted in this country. Those babies never got a first meal and that's why I didn't take the last in their memory."

- Ricky Lee Sanderson, executed in North Carolina on Jan. 30, 1998


"I'm ready to be released. Release me."

- Kenneth Allen McDuff, executed in Texas on Nov. 17, 1998

"All praise and glory be to Allah ... may he bless this whole world with peace and his utmost blessings and may he bless this world with his utmost mercy."

- James David Rich, executed in North Carolina on March 26, 1999


"I want you to know that I did not kill your sister. If you want to know the truth, and you deserve to know the truth, hire your own investigators."

- Pedro Muniz, executed in Texas on May 19, 1998

"The only thing I want to say is that I appreciate the hospitality you guys have shown me, and the respect. And the last meal was really good. That is about it. "

- James Collier, executed in Texas on Dec. 11, 2002


"Baby, I love you. Ron, give Peggy a hug for me. Everybody has been so good to me. ... I love all of you very much. I will see you all when you get there. I will wait for you."

- Karla Faye Tucker, executed in Texas on Feb. 3, 1998

"I would like to say to the world, I have always been a nice person. I have never been mean-hearted or cruel. I wish everybody well."

- Granville Riddle, executed in Texas on Jan. 30, 2003


"To the people of Mexico, I would like to thank them for the help. ... They have suffered enough. Long live Mexico. Raise the flag of Mexico with honor. I love you."

- Javier Suarez Medina, executed in Texas on Aug. 14, 2002

"My darling Gerti, my wife, I love you endlessly my honeybird. Till we meet again, stay strong. Love, Billy."

- William Jones, executed in Missouri on Oct. 20, 2002


"Now that I'm dying, there is nothing left to worry about. I know it was a mistake. ... Everybody has problems, and I won't be part of the problem anymore. I can quit worrying now. It was all a mistake. That's all I want to say."

- James Colburn, executed in Texas on March 26, 2003

"If all you know is hatred, if all you know is blood-love, you'll never be satisfied. For everybody out there that is like that and knows nothing but negative, kiss my proud white Irish ass. I'm ready, warden, send me home."

- Robert Atworth, executed in Texas on Dec. 14, 1999


"To my mother who truly has been hurt the most, your love and strength I carry with me always. Take care of my son. I'm finally free and I'm going home to grandmother now. I love you all and God bless."

- Donald Jones, executed in Missouri on April 27, 2005

"I am innocent, but was not given the tools at trial, or on appeal, to make my innocence into a legal reality."

- Stephen K. Johns, executed in Missouri on Oct. 24, 2001

"The news reports ... will say Jim Johnson is dead. Those reports will be untrue. Today I shall meet Jesus my Lord and Savior face to face. When the executioners have done their worst, God will be shown to have done his best."

- James Johnson, executed in Missouri on Jan. 9, 2002

"I understand the feelings of the Oestricker family, and I ask their forgiveness. ... I want to stress to them that I did not go down there that night to harm Jerry. I deeply regret how it turned out."

- James W. Chambers, executed in Missouri on Nov. 15, 2000

"I would like to tell my family 'Thank you for your support' and my friends. And let everyone know that you must stay strong for each other. Take care of yourselves."

- Justin Fuller, executed in Texas on August 24, 2006

"Kick the tires and light the fire. I'm going home to see my son and my mom."

- Richard Hinojosa, executed in Texas, Aug. 17, 2006

"I would suggest that when a person has a thought of doing anything serious against the law, that before they did, that they should go to a quiet place and think about it seriously."

- William George Bonin, executed in California on Feb. 23, 1996
"I love you all, and I'm sorry for what I done. I'm sorry for killing your mom and what I done to you."

- Rocky Barton, executed in Ohio on July 12, 2006

"For 17 years the Attorney General has been pursuing the wrong man. In time he will come to know this. I don't want anyone to avenge my death. Instead I want you to stop killing people. God bless."

- Thomas Martin Thompson, executed in California on July 14, 1998

"Go home, have fun, smile. I'm happy. Why should I lie now? I have no anger. I have no fear."

- Willie Shannon, executed in Texas on Nov. 8, 2006

"My last words will be, 'Hoka hey, it's a good day to die.' Thank you very much. I love you all. Goodbye."

- Clarence Ray Allen, executed in California on Jan. 17, 2006

Forgiveness: Giving up all hope for a better past."

- Robert Lee Massie, executed in California on March 27, 2001


"Redskins are going to the Super Bowl."

- Bobby Ramdass, executed in Virginia on Oct. 10, 2000

"Somebody needs to kill my trial attorney."

- George Harris, executed in Missouri on Sept. 13, 2000

"I'm guilty. I can accept my punishment. I'm sorry I done it, yeah, but it's done."

- Charles Walker, executed in Illinois on Sept. 12, 1990

"A few hours ago, Wayne Snow said I had no redeeming qualities. The only thing I've got to say to Wayne Snow is kiss my ass. Bye."

- William Mitchell, executed in Georgia on Sept. 1, 1987

"Let the torture and suffering in me end."

- R. Gene Simmons, executed in Arkansas on June 25, 1990

"An innocent man is going to be murdered tonight. When my innocence is proven, I hope Americans will realize the injustice of the death penalty as all other civilized countries have."

- Roger Keith Coleman, executed in Virginia on May 20, 1992

"Let mama know I still love her. Keep that chin up."

- Cornelius Singleton, executed in Alabama on
Nov. 20, 1992

"I was once asked by somebody, I don't remember who, if there was any way sex offenders could be stopped. I said no. I was wrong."

- Westley Dodd, executed in Washington on Jan. 5, 1993

"None greater than thee, Lord."

- Sung by Danny Rolling before his execution in Florida on Oct. 25, 2006


"I'd like you to give my love to my family and friends."

- Ted Bundy, executed in Florida on Jan. 24, 1989

"I want to offer again my most profound and heartfelt apologies to my victims' families. I am truly sorry. I have tried my best to empathize with their grief and devastation and I hope they come to know of my concerns and prayers
for them."

- Arthur Gary Bishop, executed in Utah on June 10, 1988

Let's do it."

- Gary Gilmore, executed in Utah on Jan. 17, 1977

"As the ocean always returns to itself, love always returns to itself. So does consciousness, always returns to itself. And I do so with love on my lips. May God bless all mankind."

- James Ronald Meanes, executed in Texas on Dec. 15, 1998

"We talk about a reprieve or stay from the Supreme Court, but the real Supreme Court you must face up there and not down here. Keep your heads up and stay strong. "

- Jaime Elizalde Jr., executed in Texas on Jan. 31, 2006

"To all of the racist white folks in America that hate black folks and to all of the black folks in America that hate themselves: the infamous words of my famous legendary brother, Matt Turner, 'Y'all kiss my black ass.' Let's do it."

- Brian Roberson, executed in Texas on Aug. 9, 2000

"I can't really pinpoint where it started, what happened, but really believe that's just the bottom line, what happened to me was in California. I was in their reformatory schools and penitentiary, but ah, they create monsters in there. "

- David Long, executed in Texas on Dec. 8, 1999

"I'm an African warrior, born to breathe, and born to die."

- Carl Kelly, executed in Texas on Aug. 20, 1993

"We will keep marching. Keep marching black people, black power. ... Keep marching black people. Keep marching black people. They
are killing me tonight. They are murdering
me tonight."

- Gary Graham, executed in Texas on June 22, 2000

"The act I committed to put me here was
not just heinous, it was senseless. But the
person that committed that act is no longer
here - I am."

- Napoleon Beazley, executed in Texas on May 28, 2002

"They butchered me back there. I was in a lot of pain. They cut me in the groin; they cut me in the leg. I was bleeding profusely."

- Bennie Demps, executed in Florida on June 8, 2000

"I lived as if I were going to be executed. That left me well-prepared. I took four people's lives; I'm man enough to give mine."

- Earl Richmond, executed in North Carolina on May 6, 2005

"Please tell the media, I did not get my Spaghetti-O's, I got spaghetti. I want the press to know."

- Thomas Grasso, executed in Oklahoma on March 20, 1995

"It's all the state of Oklahoma's fault."

- Walanzo Dion Robinson, executed in Oklahoma on March 18, 2003

"We're not here for a social event, we're here for a killing."

- David Wayne Woodruff, executed in Oklahoma on Jan. 31, 2002

"You can be a king or a street sweeper, but everybody dances with the Grim Reaper."

- Robert Alton Harris, executed in California on April 21, 1992

"Only the sky and the green grass goes on forever, and today is a good day to die."

- David Martinez, executed in Texas on July 28, 2005

"When I die, bury me deep, lay two speakers at my feet, put some headphones on my head and rock and roll me when I'm dead. I'll see you in Heaven someday. "

- Douglas Roberts, executed in Texas on April 20, 2005

"Freedom, freedom at last! It's been a
good one!"

- John W. Rook, executed in North Carolina on Sept. 20, 1986

"I'm sorry it's taken so long to have justice served for y'all, but it's being served now."

- Earl Alexander Frederick Sr., executed in Oklahoma on July 30, 2002

"Sir, in honor of a true American hero: 'Let's roll.' Lord Jesus receive my spirit."

- David Ray Harris, executed in Texas on June 30, 2004

"Jane, you know damn well I did not molest that kid of yours. You are murdering me and I feel sorry for you. Get in church and get saved. I really don't know what else to tell you."

- William Chappell, executed in Texas on Nov. 20, 2002

"All I have to say is if more parents would raise their children in God-fearing homes, maybe some of them wouldn't end up in the position I'm in."

- John Sterling Gardner, executed in North Carolina on
Oct. 23, 1992

"Like I've said from day one, I did not go in there and kill them - but I am no better than those that did. Jesus is Lord."

- Edward Lagrone, executed in Texas on Feb. 11, 2004

"All right, warden, let's give them what
they want."

- Melvin White, executed in Texas on Nov. 3, 2005

"I'm sorry I killed Wayne Shinn. I hope
North Carolina will one day be sorry that they killed me."

- David Lawson, executed in North Carolina on June 15, 1994

"I've got one thing to say: Get your warden off this gurney and shut up. I am from the island of Barbados. I am the warden of this unit. People are seeing you do this."

- Monty Delk, executed in Texas on Feb. 28, 2002

"Regardless of what might be seen or thought of what might be seen, there is still love, mercy and justice. Because God said that all that he has made is good and once you realize that and believe in that, everything will be fine."

- Willie Ervin Fisher, executed in North Carolina on
March 9, 2001

Death row inmate loses lethal injection appeal

Columbus - The Ohio death row inmate whose name is attached to a closely watched lawsuit challenging the state's lethal injection execution procedure lost what may be his final appeal Monday.

The decision by the U.S. Su preme Court, which recently upheld the in jection method in bordering Kentucky, could send Richard Cooey to the death chamber even as other condemned prisoners continue to fight Ohio's method of execution under his name.

Two other death row inmates - Kenneth Biros and James Frazier - also lost appeals Monday.

Cooey filed the lethal injection lawsuit in 2004, arguing that the cocktail of three chemicals used to put criminals to death in Ohio causes so much pain that it violates the Constitution's ban on cruel and unusual punishment.

But his case got caught up on a technicality: An appeals court said last year that Cooey had missed a deadline to file the suit within two years of the date his state-level appeals were completed in 1995. The three-judge panel of the Sixth U.S. Circuit Court of Appeals in Cincinnati had ordered the case dismissed, saying U.S. District Judge Gregory Frost used the wrong test for establishing the two-year time limit.

When the U.S. Supreme Court agreed Monday, it left Cooey at a legal dead end.

"We're still trying to sort through what the options are," said Kelly Culshaw, an assistant state public defender.

Cooey was sentenced to die in 1986 for raping and murdering two University of Akron students. He came within 12 hours of being executed in July 2003 when a federal judge delayed his execution to give his new lawyer more time to study the case.

Even if his attorneys find no other legal option for Cooey, that doesn't mean that Biros, Frazier or one of 17 other inmates who have signed onto the Cooey case won't continue their quest against injection, Culshaw said.

The Supreme Court's decision last week upheld a similar execution method in Kentucky, but Ohio's prescription for injection is slightly different and has encountered its own unique problems, including an inmate who sat up on the gurney at the death house to say the chemicals weren't working and another whose body visibly convulsed and twitched.

The Cooey suit and others that are pending could continue to affect Ohio's execution schedule - creating an effective moratorium while arguments are aired in court, said Keith Dailey, a spokesman for Gov. Ted Strickland.

"Based on our initial understanding of the court's decision today, Mr. Cooey may no longer be able to proceed with this argument, because of the statute of limitations issue, but others named in the suit will likely continue to pursue the case," he said Monday.

Dailey said the governor, who supports the death penalty, will evaluate all cases that make it to his desk on their merits - including Cooey's.