THE INNOCENCE PROJECT 2007 BENJAMIN N. CARDOZO SCHOOL OF LAW, YESHIVA UNIVERSITY
ANNUAL REPORT
CONTENTS FEATURES BOARD OF DIRECTORS
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Senator Rodney Ellis Texas State Senate, District 13 Board Chair
INNOCENCE PROJECT NATIONAL IMPACT ............................................10 TIMELINE ........................................................................................11 YEAR IN REVIEW ............................................................................12 2007: SNAPSHOTS OF SUCCESS ......................................................13
Jason Flom Chairman and CEO, Capitol Music Group John Grisham Author Calvin Johnson Former Innocence Project client and exoneree; Supervisor, Metropolitan Atlanta Rapid Transit Authority Dr. Eric S. Lander Director, Broad Institute of MIT and Harvard Professor of Biology, MIT
NOTES FROM A NEW LIFE ..................................................................16
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DEPARTMENTS LETTER FROM THE CO-DIRECTORS ........................................................3 SUPPORTERS STEP UP........................................................................18 THE INNOCENCE PROJECT DONORS ....................................................20 FINANCIAL INFORMATION ..................................................................25 LETTER FROM BOARD CHAIR AND EXECUTIVE DIRECTOR ....................26 INNOCENCE BY THE NUMBERS: INTAKE ..............................................27
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Hon. Janet Reno Former U.S. Attorney General Stephen Schulte Founding Partner and Of Counsel, Schulte Roth & Zabel, LLP
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Bonnie Steingart Partner, Fried, Frank, Harris, Shriver & Jacobson LLP Andrew H. Tananbaum President and CEO, Capital Business Credit, LLC Jack Taylor Managing Partner, Surrey Hill Capital LLC Board Treasurer Paul R.Verkuil Professor of Law, Cardozo School of Law; Of Counsel, Boies, Schiller & Flexner LLP Rachel Warren M.K. Enterprises, Inc.
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ON THE COVER: RONALD TAYLOR SHARES A LAUGH WITH HIS MOTHER, DOROTHY HENDERSON, ON THE DAY OF HIS RELEASE FROM PRISON OCTOBER 9, 2007. PHOTO CREDITS: COVER: AP Images/Billy Smith II, THIS PAGE MIDDLE: The Post Standard/ Stephen D. Cannerelli, PAGE 3: ©Douglas Gorenstein, PAGE 4: Mike Derer/The New York Times/Redux, PAGE 5: Greg Kendall-Ball, PAGE 6: AP Images/Butch McCartney, PAGE 7 TOP TO BOTTOM: AP Images/Tom Gannam; Greg Kendall-Ball, PAGE 8: Oklahoma Gazette/Shannon Cornman, PAGE 14: The Post Standard/Stephen D. Cannerelli.
THE INNOCENCE PROJECT 2007
CHANGING LIVES AND LAWS It’s impossible to imagine a more fitting way to celebrate the Innocence Project’s 15th anniversary than walking Jerry Miller, the 200th person in the nation exonerated through DNA testing, out of a courtroom in Chicago. And, on that spring day in 2007, it was impossible not think about Larry Mayes. Six years earlier, when Larry became the 100th person exonerated through post-conviction DNA testing, some very smart people thought the Innocence Project would wind down its work. They believed that we had found most of the wrongful convictions that could be overturned with DNA testing and that “innocence” had its moment but was no longer a catalyst for reform. Our work over the last five years – and in 2007 in particular – shows a very different reality. More prisoners and their families than ever before are writing to ask us for help. The Innocence Project represents more clients than ever. We are working with more state legislators, local advocates and law enforcement agencies than ever to implement critical policy reforms that prevent wrongful convictions. It took 13 years for the first 100 people to be exonerated through DNA testing – and six years for the second 100 exonerations. Our efforts to leverage these exonerations into sweeping policy reforms that fundamentally improve the criminal justice system reached new heights in 2007. This year alone, we pursued reforms in 39 states. The true impact of the Innocence Project’s work is reflected in the lives of scores of people we have helped exonerate and their families – and in a criminal justice system whose landscape has been transformed. By the end of 2007, 42 states had passed laws granting post-conviction DNA testing, 22 states had laws on the books regarding preservation of evidence, six states and dozens of jurisdictions adopted better eyewitness identification procedures, nine states and 500 cities, towns or counties enacted policies to record interrogations, six states had statewide commissions to develop comprehensive reform to prevent wrongful convictions, and 22 states had laws to compensate the wrongfully convicted. For as much as we’ve accomplished in the last 15 years, we’re just getting started. We know all too well how many prisoners and their families still need our help and how many laws need to be passed. With your support, we will be able to reach even further and change even more lives and laws in the next year – and the next 15 years.
– BARRY SCHECK, CO-DIRECTOR PETER NEUFELD, CO-DIRECTOR
LETTER FROM THE CO-DIRECTORS
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FREED IN 2007 “I HAVE ALWAYS THOUGHT THAT JUSTICE AND TRUTH WOULD PREVAIL, BUT MY EXPERIENCES IN TEXAS HAVE LEFT ME WITH SERIOUS DOUBT.” – Letter to the IP from James Waller, March 10, 2005
Eighteen innocent men were exonerated through DNA testing in 2007, having served a combined total of 306 years in prison. Each of their cases offers insight into the failings and vulnerabilities of the criminal justice system. Whether eyewitness misidentification, false confessions, forensic error or some other cause led to their wrongful conviction, the injustice could have been prevented. (To read more about how we changed public policy in 2007, see pages 10-15.) Nine of those exonerated in 2007 were Innocence Project clients. Here are some of their stories.
BYRON HALSEY: “I’M JUST SURVIVING.” Byron Halsey was wrongfully convicted of murdering his girlfriend’s two children in New Jersey in 1988. DNA tests exonerated Halsey on July 9, 2007, and pointed to one of Halsey’s former neighbors, Clifton Hall, who had testified against him at trial. Halsey served 19 years
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THE INNOCENCE PROJECT 2007
in prison. After his exoneration, Halsey worked to support the successful effort to abolish the death penalty in New Jersey. “I always worked on my case; I always wrote people. No one wanted to help. No one cared nothing about me because of the hatred when they tried my case in the media. People say they got your back, and then they fold up like a tent and you’re all alone again fighting for yourself.” “When they’re talking about killing you for something you didn’t do, you try to find something to hold you together. I believed that Jesus would make a way for me. If I didn’t, I would have tried to find a way to escape.” “Now I don’t trust anybody. I stay in my house. After I go to work I come home, take a bath, chill out, read my Bible, get up in the morning and go back to work. That’s it. I take it day by day. I don’t have any hopes. I’m just surviving.”
JAMES WALLER: “I GOT TO TELL THE TRUTH.” James Waller became a suspect in a Texas rape case when the victim, a 12-year-old Caucasian boy, saw him in a neighborhood store on the day of the attack and misidentified him as the perpetrator. Waller and his family were the only African-American residents of the apartment complex where the victim lived. Waller served 10 years and 14 on parole before his exoneration on March 9, 2007. “I had a state-appointed attorney at trial, and he told me that I was only going to get probation. I didn’t want probation. He came to see me once in 40 days. He came to tell me when the trial was and that my sister was going to bring me a suit of clothes.” “He wanted me to take a plea, but I couldn’t. Because I had been taught as a child by my mother and my grandmother, always tell the truth and don’t never lie on yourself. Regardless of whether they believe you or not, you got to tell the truth. And that’s what I did. I didn’t think an innocent person could go to prison. I thought the justice system was better than that.” “I wouldn’t want no one to go through what I had to go through for 24 years. But if I had to do it all over again, I’d do the same thing all over again. I’d take the witness stand again. And I’d say the same thing I said back then in ’82, I’m sorry that it happened, but it wasn’t me.”
CHAD HEINS: “IT FEELS GOOD TO BE HOME.” Chad Heins was exonerated on December 4, 2007, and was able to spend the holidays with his family for the first time in over 10 years. Heins was wrongfully convicted in 1996 of murdering his sister-in-law. At the time, the 19-year-old Heins had just moved to Jacksonville, Florida, to live with his brother and his brother’s wife. DNA testing proved he could not have been the perpetrator.
FREED IN 2007
LEFT: BYRON HALSEY, IN AN ELIZABETH, NEW JERSEY, COURTROOM WITH STAFF ATTORNEY VANESSA POTKIN, HEARS THAT HE WILL BE RELEASED AFTER DNA TESTING PROVED HIS INNOCENCE OF A 1985 MURDER. ABOVE: JAMES WALLER (LEFT) WITH DALLAS COUNTY DISTRICT ATTORNEY CRAIG WATKINS.
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“I WANT TO GET BACK TO MY LOVED ONES AS SOON AS POSSIBLE. I KNOW THIS PROJECT CAN HELP ME GET FREE.” – Letter to the IP from Antonio Beaver, April 24, 2000
“Sometimes after I wake up, I have to look around before I know where I am. It’s weird to see trees and cars instead of fences. I spent the holidays this year with my kids and my family. I hadn’t seen my son and daughter since a special contact visit in the county jail back in 1995. It feels good to be home. I’m cleaning house, walking the dog, trying to do everything so my mom don’t have to.” “I think I’ll stay right here in the woods next to the Wisconsin River. I don’t like the city. At least I don’t have to worry about people getting robbed and murdered here. Everybody in this town knows everybody else. When I left, we had one stoplight in town, now we have two. I just walk around looking. It’ll probably be better in the springtime when I can get out more. I used to hate fishing. I can’t wait to go fishing now because I believe I got some good patience.”
ANTONIO BEAVER: “PRISON IS A HELL HOLE.” Antonio Beaver learned about the Innocence Project through another innocent man, Johnny Briscoe, who was exonerated by DNA testing in 2006. Beaver had been wrongfully convicted of a St. Louis carjacking in 1997 and was exonerated on March 29, 2007. “Ever since I first got to prison I was determined to get out of there. I went to the law library and started to file motions to try to get a new trial. A lot of guys were trying to get out like I was and I learned by watching them. They would read my case and say, ‘Man you aren’t supposed to be here.’” “To be honest, I really never adjusted to prison. But I coped with it by going to work, going to the gym, lifting weights, going to church, trying to get some type of comfort, to be at ease with myself. There’s too much violence there, and I hated to
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be around that violence. If it weren’t for my God trying to keep me somewhat sane I would have driven myself crazy. I hate being caged up like an animal around a bunch of men, violent men at that, who don’t care about nothing but messing with you, and taking things from you. Minding my own business, that’s how I coped. I’m telling you, prison is a hell hole.”
JAMES CURTIS GILES: “MY MAIN OBJECTIVE WAS TO GO AFTER TEXAS.” James Curtis Giles became a suspect when police received a tip that a “James Giles” had been one of three perpetrators of a 1982 Dallas gang rape. Police pursued James Curtis Giles who was wrongfully convicted and served 10 years in prison and 14 on parole before his exoneration on June 21, 2007. The real perpetrator, James Earl Giles, turned out to be a neighbor of the victim and a friend of the other known perpetrators. “If you’re on parole, you’re still incarcerated, whether you got bars up or not, because you got everybody in the system still looking at you and watching you. I saw a parole officer three times a month for 14 years. I go up there to visit at their office; they come by my office to visit. Then they come by with what we call an unrecorded visit, where they just pop up. Then I had to take therapy, and I was registered as a sex offender at the police department. So you’re not in prison, but you’re getting the same treatment as though you were in prison.”
TOP LEFT: CHAD HEINS IS REUNITED WITH HIS STEPMOTHER, MARY HEINS, AT THE CENTRAL WISCONSIN AIRPORT AFTER HIS RELEASE FROM WRONGFUL INCARCERATION IN FLORIDA. LEFT: JAMES CURTIS GILES WITH LAUREN KAESEBERG, A CARDOZO LAW STUDENT WHO WORKED ON HIS CASE. ABOVE: ANTONIO BEAVER SPEAKS AT A NEWS CONFERENCE SHORTLY AFTER BEING EXONERATED THROUGH DNA EVIDENCE ON MARCH 29, 2007.
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“Now they’re telling me that I have been discharged from parole. I did enough time to please Texas, so they’re discharging me on that stipulation. But that doesn’t make sense. We have to have laws in place. You can’t come and say you’re discharging me. You discharge people that actually did their time for something.” “If you’re actually innocent, you should get compensated for everyday, every year, you were in prison or on parole. I testified about that at the Texas Legislature with the Innocence Project. My main objective after my exoneration was to go after the state of Texas. I testified that the cap on the compensation should be removed – and it was removed.”
CURTIS MCCARTY: “EVERYONE INVOLVED KNEW SOMETHING WAS WRONG.” Curtis McCarty was wrongfully convicted of murder and sent to death row. Oklahoma City District Attorney Robert H. Macy, who prosecuted the case, sent more people to death row than any other prosecutor in the country. The fraudulent testimony of Joyce Gilchrist, a forensic scientist, helped to seal his conviction. McCarty was exonerated after 21 years in prison – nearly 18 of those on death row – on May 11, 2007. “I HAVE BEEN ON DEATH ROW FOR 13 YEARS. I AM INNOCENT OF THE CHARGES AGAINST ME. I HAD NO PARTICIPATION IN THE CRIME, DIRECTLY OR INDIRECTLY – I DID NOT DO IT.” – Letter to the IP from Curtis McCarty, November 12, 1999
“It’s one thing to have my one voice, a lone voice, saying I didn’t do this. But what’s worse is that I believe everyone involved, judges and everyone, knew that something was wrong. The prosecutor, Bob Macy, was unassailable. The people involved never had to face the music for what they did. There were never any professional or political consequences.” “We’re expected in this society that if we transgress, we have to own up to that. But lawyers are never held accountable. Their actions are referred to as misconduct as opposed to felonies – felonious violations of the law. They withhold evidence and they suborn perjury and they send these jailhouse snitches into your cage. I was so traumatized by what happened. It knocked me down, and I don’t know if I ever did get back up.”
ROY BROWN: “THE LORD’S GOT SOMETHING LINED UP FOR ME.”
ABOVE: CURTIS MCCARTY BACK HOME IN OKLAHOMA WITH HIS PARENTS AFTER HIS EXONERATION IN MAY 2007. TOP RIGHT: EXONEREES JERRY MILLER AND TOMMY DOSWELL GET ACQUAINTED AT THE FIRST ANNUAL INNOCENCE PROJECT BENEFIT IN APRIL 2007.
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Roy Brown solved his own case from his prison cell. DNA testing exonerated him of murder on March 5, 2007, after 15 years of wrongful incarceration. DNA testing implicated Barry Bench, the man that Brown suspected of committing the crime. When Brown was released he was gravely ill with liver disease. The Innocence Project helped him get established with Medicaid and Supplemental Security Income. In May, he received a liver transplant and has made a miraculous recovery. “When I got out I was pretty sick. My main thing in prison when I was in there I was getting ready to die anyway. If I had died in prison at least I proved myself innocent.
THE INNOCENCE PROJECT 2007
Anything beyond that didn’t matter. As soon as I walked out the door that day I thought, I don’t have much time to enjoy this, two or three weeks, maybe a month, maybe two months. They don’t know how I stayed alive for that long in the first place. I had already dug my own grave, I was all set. “The liver came in on Mother’s Day in the morning. We buried my mom with a copy of my appeal and she said that she was taking it to God. I think the Lord’s got something lined up for me to do. I don’t know what it is. As long as he doesn’t start talking to me, you know, verbally talking to me, I’m cool.”
“I HAVE BEEN CONVICTED OF A MURDER AGAINST A PERSON I NEVER KNEW
JERRY MILLER: “DNA IS THE TRUTH.” On April 23, 2007, Jerry Miller became the 200th person exonerated through DNA testing. Twenty-five years earlier, he had been wrongfully accused of rape after a Chicago police officer thought that he resembled the composite sketch of the perpetrator. Miller was then placed in a lineup and misidentified by two witnesses. The real perpetrator has since been identified by the FBI convicted offender database.
IN A TOWN I’VE NEVER BEEN IN.” – Letter to the IP from Roy Brown, September 3, 1998
“The system doesn’t come alive until people put it in motion. The judge in my case was part of the system, and he was a crook. He’s in jail now. Ain’t that something, he’s in jail and he’s a judge. Check into who he was, whose cases he handled, and you might find more wrongful convictions. Even during my trial I thought that he was biased towards me. If you give him a little money he’ll be as biased as you want him to be.” “The system looks good on paper, but if the people who enact the system don’t care about the balance of justice then you get what you get. You get over 200 people who are wrongly convicted, and you get a society that doesn’t even believe that’s possible. Now they’re starting to believe, because they see that DNA is flawless in most cases. It is the truth.” ▲
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INNOCENCE PROJECT
NATIONAL IMPACT The Innocence Project’s unique and powerful formula for improving the criminal justice system – through litigation on behalf of individual clients and systemic reform to prevent wrongful convictions on a broader scale – is making unprecedented strides in every part of the country. The 200th person exonerated by DNA testing walked out of a Chicago courtroom in 2007 – one of several Innocence Project clients exonerated during the year. At the same time, several more states passed critical reforms to address and prevent wrongful convictions.
ABOVE: IP CO-DIRECTOR BARRY SCHECK SPEAKS AT A PRESS CONFERENCE AT THE TEXAS CAPITOL IN SUPPORT OF PROPOSED CRIMINAL JUSTICE REFORMS WITH, FROM LEFT, EXONEREE JAMES GILES, SENATOR RODNEY ELLIS, AND EXONEREES JAMES WALLER, BRANDON MOON, AND CHRIS OCHOA ON APRIL 10, 2007.
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Combined, the more than 200 people who were exonerated by DNA testing spent over a million nights in prison for crimes they didn’t commit. Years or decades after they were convicted and forgotten, they won their freedom – most often with the Innocence Project’s help. Once people are exonerated, the Innocence Project makes sure the injustice they suffered is not forgotten and is not in vain. Over the past 15 years, we have used DNA exonerations to transform the criminal justice system: all but seven states now have DNA testing laws, seven states have eyewitness identification reform policy in place; six states have Innocence Commissions; 22 states have preservation of evidence statutes, more than 500 local and state jurisdictions have voluntarily adopted policies to record custodial interrogations; and 22 states and the District of Columbia have compensation laws.
THE INNOCENCE PROJECT 2007
The following pages detail our progress in 2007 in four key areas: litigation, policy reform, social work and public education. Our success in 2007 has already changed lives and transformed the system – while laying the foundation for even more meaningful and widespread reform in the years ahead.
15TH ANNIVERSARY TIMELINE
1992
1993
1994
1997
2000
2001
Barry Scheck and Peter Neufeld establish the Innocence Project at Benjamin N. Cardozo School of Law at Yeshiva University. Attorneys and students begin accepting cases nationwide.
Kirk Bloodsworth, assisted by the Innocence Project, becomes the first person exonerated from death row through postconviction DNA testing.
The nation’s first law granting postconviction DNA testing passes in New York.
More than 50 people have been exonerated through DNA testing.
Actual Innocence: When Justice Goes Wrong and How to Make It Right, written by Peter Neufeld, Barry Scheck, and Pulitzer Prize-winning journalist Jim Dwyer and based largely on the Innocence Project’s work, is published.
Larry Mayes becomes the 100th person exonerated with DNA testing.
Iowa and New Jersey pass compensation statutes, bringing the total number of states with such laws to 16.
New Jersey becomes the first state to mandate guidelines to improve eyewitness identification procedures.
2002
2003
2004
2005
2007
The North Carolina Actual Innocence Commission is created by the state’s Chief Justice I. Beverly Lake, Jr. to study the causes of wrongful convictions and becomes a national model for effectiveness and reform.
Illinois and the District of Columbia are among the first major jurisdictions to pass laws mandating the electronic recording of interrogations.
More than 150 people have been exonerated through DNA testing.
The Innocence Project successfully pushes for the creation of the Texas Forensic Science Commission after exonerations uncover a pattern of forensic problems.
Jerry Miller becomes the 200th person exonerated with DNA testing. The Innocence Project is a strong national non-profit organization with more than 40 fulltime employees and 25 Cardozo clinic students.
IP NATIONAL IMPACT
Landmark federal legislation passes and includes access to DNA testing, preservation of evidence and critical crime lab oversight. The Innocence Project becomes an independent nonprofit organization.
The Innocence Network is formally established with 25 founding member organizations.
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CHANGING LIVES AND LAWS NATIONWIDE The Innocence Project assisted local partners in formally requesting an independent investigation of the Washington State Crime Lab after allegations of forensic misconduct cast a shadow on thousands of cases.
With consultation from the Innocence Project, The Denver Post carried a four-part investigative series on the state of evidence preservation nationwide, highlighting mismanagement and misconduct that caused the destruction of biological evidence. The story helped lead to the creation of a task force to improve preservation policies in Colorado.
For the second year in a row, the California Legislature passed a broad criminal justice reform package that the Governor vetoed. This year’s package would have improved eyewitness identification procedures, required that the testimony of jailhouse informants be corroborated, and required the recording of interrogations. A fourth bill establishing a forensic science study task force was signed into law.
The Innocence Project located employment training and advocated with local service providers for a client who was living in a homeless shelter.
Exonerations Other Legal Progress Ongoing Cases Legislation Passed Other Policy Progress Public Education
Curtis McCarty was exonerated in May after 21 years in prison, including nearly 18 years on death row. He was the 15th person nationwide – and the third in Oklahoma – to be exonerated by DNA testing after serving time on death row.
Social Work
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Vermont passed a comprehensive reform package that grants post-conviction access to DNA testing, provides compensation for the wrongfully convicted, and establishes important study committees on evidence preservation, recording interrogations, and eyewitness identification.
The Innocence Project helped persuade the Nebraska Supreme Court that clients Thomas Winslow and Joseph White should not be denied DNA testing because one of the men pled guilty to the crime. Ten people who have been exonerated through DNA testing pled guilty to crimes that DNA now proves they did not commit.
When an exoneree’s house was badly damaged in a fire, the Innocence Project helped his family with immediate needs (including beds & cookware) and also helped secure temporary housing, donations and building services.
The Innocence Project came together with other leaders in criminal justice reform to speak at “Advancing Justice,” a statewide conference on innocence issues hosted by the University of Louisville.
The Innocence Project continues to fight for DNA testing for client Archie Williams who is serving life in Angola Prison. Prosecutors have been opposing motions for testing for 11 years even though Louisiana state law grants access to post-conviction DNA testing to prove innocence.
Innocence Project client Donald Odoms was paroled in September after serving 23 years in prison for rape. Odoms’ biological evidence was destroyed before it could be subjected to DNA testing. Family members and work records substantiated that he was almost 200 miles away at the time the rape occurred.
IP NATIONAL IMPACT
After several rounds of DNA testing, Chad Heins was exonerated in December with help from the Innocence Project of Florida. Heins’ conviction was overturned in 2006, but he was held in jail pending retrial. He was the ninth person exonerated through DNA testing in the state.
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POLICY REFORM PARTNER
NATIONAL IMPACT 2007: YEAR IN REVIEW LITIGATION:
JOHN K. VAN DE KAMP. Van de Kamp, former California Attorney General, chairs the California Commission on the Fair Administration of Justice (CCFAJ) created by the California State Legislature in August 2004. The Innocence Project has worked with a range of partners to pursue state reforms based on the CCFAJ recommendations. “Reform in the criminal justice arena must be directed towards smarter procedures aimed at reducing the potential for wrongful convictions, programs that keep non-violent offenders out of jails and prisons and into places offering support and direction, and for those coming out of prison, transition options that protect their community and give them a good shot at successful reintegration into a productive law-abiding life.”
Nine Innocence Project clients in seven states were exonerated through DNA testing in 2007. (See pages 4-10 for more on the year’s exonerations.) Throughout the year, the Innocence Project continued to search for biological evidence and secure DNA testing on behalf of 211 clients and provided consultation in an additional 57 ongoing cases. The Innocence Project actively evaluated 8,020 cases in 2007 from prisoners and their families seeking help. (See page 27 for more on the Innocence Project’s intake work in 2007.) The Innocence Project also filed amicus, or “friend-of-the-court,” briefs in five states this year.
POLICY REFORM: The Innocence Project tracked 200 bills in 39 states in 2007 and testified (or organized testimony) on behalf of legislation in nine states. Working with local advocates and policymakers nationwide, the Innocence Project helped pass eyewitness identification reform in four states; forensic oversight legislation in two states; and compensation laws in two states. Comprehensive legislation with several important reforms passed in Vermont and North Carolina. The Colorado governor established a task force to improve evidence preservation policies. The Texas Forensic Science Commission, created in 2005, finally received funding to begin its work, and independent investigations into allegations of serious forensic negligence or misconduct were initiated in four states.
SOCIAL WORK: More than 30 clients in 15 states received post-exoneration assistance from the Innocence Project this year. Assistance included: 1) helping to secure SSI benefits, Medicaid and other medical insurance and affordable living programs for clients; 2) locating services for clients including therapists, case managers, housing programs, financial counseling, job training and medical and dental assistance; 3) reaching out to 10-15 corporate donor programs to provide ongoing material donations to clients including jobs, phones, computers, clothes and cars; and 4) providing emergency financial assistance to clients by covering the cost of rent and mortgage payments, medical and dental appointments, medication, clothes, food, furniture and other necessities.
PUBLIC EDUCATION: The Innocence Project facilitated speaking engagements and educational forums at public and private schools, synagogues and churches, law enforcement agencies, civic club meetings and other venues in 30 states in 2007. Millions of Americans learned about wrongful convictions and the reforms that can prevent them through more than 3,000 mainstream media articles featuring the Innocence Project’s perspective in 2007. The Innocence Project distributed more than 50,000 educational booklets and pamphlets nationwide. Online, people from across the globe found the Innocence Project website in 2007, logging over 500,000 unique visits to our site during the year – a 40% increase from the previous year.
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2007: SNAPSHOTS OF SUCCESS
LAW ENFORCEMENT PARTNER
In every facet of the Innocence Project’s work, 2007 was a year of unprecedented success. The reports below highlight just one success in each major area of the organization’s work over the last year, giving a glimpse into the results the Innocence Project is securing – and the potential to achieve even more in 2008. MAJOR KEN WITTMAN
A POLICY REFORM SUCCESS: IMPROVING EYEWITNESS IDENTIFICATION PROCEDURES DNA exonerations since the early 1990s have consistently demonstrated that eyewitness misidentification is a leading cause of wrongful convictions, contributing to over 75% of wrongful convictions overturned through DNA testing. Yet state legislatures have been slow to mandate improvements to eyewitness identification procedures. The Innocence Project and its partners are working directly with policymakers to pass important legislation that can help prevent eyewitness misidentification. In 2007, state legislatures considered 25 eyewitness identification reform bills in 17 states; five of those bills passed. In several of the states where legislation passed, Innocence Project staff and exonerees testified in support of reforms. The most comprehensive of the reforms passed in West Virginia and North Carolina. In Maryland, new legislation requires law enforcement to establish rules regarding eyewitness identification procedures. The Vermont and West Virginia legislation also included the creation of a study commission on eyewitness identification. The state of Georgia passed a similar resolution, creating a legislative committee to study eyewitness misidentification and recommend best practices for identification procedures, as well as evidentiary standards for admissibility of eyewitness identifications. The Innocence Project will renew the push for criminal justice reform during the 2008 legislative sessions, and will revisit legislatures in states like New Mexico and California, where eyewitness identification reform legislation nearly became law in 2007, in addition to states like Missouri and Massachusetts, where DNA exonerations have revealed a high rate of eyewitness misidentifications.
Wittman oversees the nation’s gold-standard evidence room at the Charlotte-Mecklenburg Police Department where every piece of biological evidence in the department’s possession is barcoded. Wittman works with the Innocence Project to help other jurisdictions improve their evidence preservation policies. “Across this country, police detectives and district attorneys are beginning to better understand the significance of biological evidence preservation because of the efforts of the Innocence Network. Cold cases and claims of actual innocence are being resolved as a result of improved processes, policy, and laws for handling evidence that contains DNA.”
A LEGAL SUCCESS: EXONERATING THREE DALLAS COUNTY CLIENTS With Larry Fuller’s release from prison in late 2006 and his eventual exoneration in January 2007, the Innocence Project highlighted an alarming pattern of wrongful convictions in Dallas County. Fuller was the 10th innocent man to be cleared through DNA in the county since 2001. The Innocence Project urged the Dallas County District Attorney’s Office to order a full, independent review of the 10 wrongful conviction cases, as well as other cases from the same timeframe. The newly elected District Attorney agreed – and committed to rectify mistakes made by decades of overzealous prosecuting. Fuller’s exoneration was soon followed by three others – Andrew Gossett, represented by the Innocence Project of Texas, and Innocence Project clients James Waller and James Curtis Giles – making 13 DNA exonerations in Dallas County, more than any other single
IP NATIONAL IMPACT
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LAW ENFORCEMENT PARTNER
DISTRICT ATTORNEY JANET DIFIORE As District Attorney of Westchester County, DiFiore commissioned a report on the wrongful conviction of Jeffrey Deskovic of Peekskill who served over 15 years before his exoneration in 2006. The report underscores the need for statewide legislative reform including better evidence preservation procedures, the creation of a New York Innocence Commission, and more. “The wrongful conviction of Jeffrey Deskovic bluntly illustrates the need for constant vigilance at all levels of the criminal justice system, starting from police officers at the outset of the investigations to the prosecutors, defense attorneys and judges who collectively in their discrete roles guard against any injustices in the system. We all must be resolute in our commitment to continuously engage in an objective review and re-evaluation of our own respective roles in the process.”
county and more than most states. Ten of those wrongful convictions were secured under the watch of former District Attorney Henry Wade, who was widely known for securing convictions at any cost. In response to the spate of exonerations, current Dallas County District Attorney Craig Watkins created a Conviction Integrity Unit to uncover additional wrongful convictions. Watkins’ “smart-on-crime” approach has made him a leader in criminal justice reform. The Innocence Project has several pending cases in Dallas County that may lead to exonerations in 2008. Meanwhile, the Dallas County exonerations are a mandate for statewide reform to prevent future miscarriages of justice. Texas has yet to pass eyewitness identification reforms or create an Innocence Commission. Legislation in both areas was considered in 2007 but did not pass – and the Innocence Project and our partners are committed to freeing more innocent people in Dallas County and beyond in 2008, while implementing reforms that will improve the state’s criminal justice system.
A SOCIAL WORK SUCCESS: SECURING LONG-TERM SUPPORT FOR AN AILING CLIENT Innocence Project client Roy Brown was released from prison after DNA testing proved his innocence in January 2007. He went home to a large, supportive family – but he faced extraordinary adversity. For most exonerees, finding housing and financial assistance or work is a struggle; Brown, who suffered from a degenerative liver disease, also faced the problem of finding adequate medical care without coverage. Brown spent his first few months of freedom in and out of hospitals. While he was in critical care, the Innocence Project worked with local services to ensure that Medicaid was active and in place. The coverage was established just in time for Brown to receive a liver transplant in May. Prisoners often do not receive the transplants they need, but soon after Brown’s release, his name was added to the list. Ever since the operation, he has astounded doctors with his amazing recovery. The Innocence Project also helped Brown secure housing, offered financial assistance to help cushion the cost of bills, and helped him obtain disability benefits from the Social Security Administration. “The Innocence Project helped me with everything. When you get
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out of prison they give you $40 and a pair of corduroy pants, but that’s only for the guilty people. I didn’t even have anything to wear.”
VICTIMS’ RIGHTS PARTNER
The Innocence Project will be expanding its social work program during 2008, increasing our capacity to establish support systems for clients prior to release, providing immediate assistance after release, and responding to subsequent emergency needs.
A PUBLIC EDUCATION SUCCESS: LAUNCHING A NATIONAL CAMPAIGN AROUND THE 200TH DNA EXONERATION The Innocence Project launched a multifaceted national public education campaign in 2007 to mark the 200th DNA exoneration. The campaign, “200 Exonerated, Too Many Wrongfully Convicted,” underscored the reality that DNA exonerations represent only a small fraction of all wrongful convictions. The campaign educated millions of people nationwide about the causes of wrongful convictions – and engaged a broad cross-section of the public in helping reform the system. On April 23, 2007, when Jerry Miller of Illinois became the 200th person exonerated through DNA testing, the Innocence Project immediately launched the campaign with a web component, a video of interviews with exonerees, and a booklet with background information on all 200 exoneration cases. In the following month, the Innocence Project kicked off a series of educational forums at colleges and universities – “teach-ins” to educate youth about the problem of wrongful convictions; speaking engagements where exonerees in several states spoke out about their experience of injustice to a variety of audiences; and house parties to engage people nationwide to better understand the issues. The campaign also resulted in nationwide coverage in major media outlets including USA Today, the New York Times Week in Review, National Public Radio, CBS News and more. Editorials calling for criminal justice reform appeared in newspapers nationwide. Ultimately, the month-long campaign shaped public perception about the need for criminal justice reform, introduced people nationwide to the work of the Innocence Project and also helped motivate specific reforms. One of the primary goals of the campaign was to establish the formation of state Innocence Commissions; in the final weeks of the 2007 legislative session, Jerry Miller’s own home state of Illinois established the “Illinois Justice Study Committee,” which will review all non-capital wrongful convictions cases to identify common factors. Many of the college campuses and community organizations that got involved in the campaign are planning follow-up events in 2008 to continue focusing on the need to prevent wrongful convictions. ▲
IP NATIONAL IMPACT
JENNIFER THOMPSONCANNINO Thompson-Cannino became active in reforming eyewitness identification procedures after she learned that Ronald Cotton, the man she had identified as her assailant in a 1984 rape, was wrongfully convicted. In 2007, Thompson-Cannino joined the Innocence Project to testify about identification reforms before the Georgia Legislature. “While I have been blessed in many ways throughout my life, one of the most profound blessings has been my work with innocence issues. Although it was born from suffering, Ronald Cotton's gift of forgiveness has given me the courage to continue to tell our story and share with others how mistakes are made, ways we can correct our flawed system and seek forgiveness from ourselves and those around us.”
ABOVE LEFT: ROY BROWN BY HIS HOME IN SYRACUSE, NEW YORK. ABOVE: THE “200 EXONERATED, TOO MANY WRONGFULLY CONVICTED” BOOKLET PROVIDES BACKGROUND INFORMATION ON ALL 200 EXONERATIONS.
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NOTES FROM
A NEW LIFE After fighting for years to prove their innocence, exonerees face a new battle upon their release – navigating a changed job market and finding a way to afford health care, housing and transportation. The Innocence Project now provides support services during the first year of freedom and can help cover emergency needs after that. Here, three people who were exonerated through DNA testing in the last 10 years write to share their experiences rebuilding a life after being wrongly convicted.
ALAN NEWTON: ONE YEAR OUT Alan Newton has accomplished a lot in his first year of freedom. He started school a month after his release in 2006 after serving 22 years in New York prisons. He will receive his bachelor’s degree in Business Administration from Medgar Evers College in June, and he plans to start law school in the Fall of 2009.
ABOVE: ALAN NEWTON WITH CARDOZO CLINIC STUDENT ADEY FISSEHA. TOP RIGHT: SAMUEL SCOTT WITH IP CODIRECTOR BARRY SCHECK. BOTTOM RIGHT: KEVIN AND KELLY GREEN ON THEIR WEDDING DAY.
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“Now that I’m back home, all those things I did for 20 years, I have to be able to forget about that and start anew. It’s like being a whole new person and starting my life all over. It affects my psyche though. When I first came home I couldn’t even go to the store by myself. I would just come out of the building and it was right across the street, but it felt so awkward walking in public. I wasn’t used to being out in the open. It takes a little time getting over that. I’m not afraid anymore. I’m not afraid to be embarrassed. I’m not afraid to be laughed at. I want to be productive. I want people to look at me not as a victim, but as a victor. I rose up above the hardship that I endured to set an example for other innocent people who are incarcerated. They get discouraged while they are inside. People want to see you rise up again. It’s a feel-good story for everybody. I’m not afraid to talk about what bothers me, though, for years I didn’t have nobody to listen to me. Nobody wants
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to hear that you’re innocent when you’re in jail. So now when I have the opportunity for people to listen to me, I run my mouth.”
SAMUEL SCOTT: FIVE YEARS OUT Samuel Scott still lives in Savannah, Georgia, where he was wrongfully convicted of rape in 1987. Since his exoneration in October 2002 he has married, and he thanks his wife for helping him adapt. He lost both of his parents during his 15 years of wrongful incarceration. “I’ve been out for five years and I haven’t had a physical in five years because I can’t afford it. When I was incarcerated, of course I could go to the doctor. I work out, walk and jog a lot, but sometimes I don’t feel like myself. If someone would come to me today and say – Mr. Scott, because of what you’ve been through we feel that a mistake was made and we apologize – that would give me so much inspiration. Some guys get exonerated and they say ‘I’m not bitter for what happened.’ When I first got out, that was my feeling, but now I did a whole 360. Had it not been for the Innocence Project, I don’t know what I would have done. They’ve saved me several times, and I consider them my family. I’m 52 years old. I used to be a longshoreman and worked on the waterfront. I’m just too old for that now. What happened to me should have never happened. I’m being punished twice. I already served time for what they claimed that I did, now they’re saying that even though I’m out, they don’t want to do anything to help me.”
KEVIN GREEN: TEN YEARS OUT Kevin Green, a former helicopter mechanic in the Marine Corps, was living in California with his pregnant wife, Dianna D’Aiello, when she was brutally attacked and his unborn child was killed. Green was wrongfully convicted of the crime in 1980. He has since remarried and works as a manager at Utilimap in Jefferson City, Missouri. “I hit the ground with a really good family safety net which I know other people don’t have. I had a place to live and family to support me while I looked for a job. For the first few years it was rough and bumpy because I was 38 years old, and I felt that I was way behind where I should be. My first job with a paycheck was calling bingo for six nights a week for six dollars an hour. Everybody who came into that place knew what my background was, and they were very encouraging. The grandmothers would come by every now and then and tell me, ‘Kevin, smile.’ I still had this mask on. I didn’t intend to, but I hadn’t shed that yet. I realized after a few years of being out of prison that it took about five years in prison to become fully acclimated. And I thought if it took five years to adjust in there, let it take five years to adjust out here. My license plate is B201A, which was my last cell number in prison. I put that on there specifically to say if you can’t laugh at fate, then you’re fighting a losing battle.” ▲
NOTES FROM A NEW LIFE
“IT TOOK ABOUT FIVE YEARS IN PRISON TO BECOME FULLY ACCLIMATED. AND I THOUGHT IF IT TOOK FIVE YEARS TO ADJUST IN THERE, LET IT TAKE FIVE YEARS TO ADJUST OUT HERE.” – Kevin Green
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SUPPORTERS STEP UP
IP RECOGNIZED AS 2007 TECH MUSEUM AWARD LAUREATE “THE PROJECTS AND THE LAUREATES THAT WE HONORED THIS EVENING ARE ALL GREAT EXAMPLES OF HOW TECHNOLOGY CAN AND DOES CHANGE THE WORLD EVERY DAY.” – Peter Friess, President of The Tech Museum
ABOVE: IP CO-DIRECTOR PETER NEUFELD ACCEPTS AN AWARD ON BEHALF OF THE INNOCENCE PROJECT, AN EQUALITY AWARD LAUREATE, AT THE 2007 TECH MUSEUM AWARDS.
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The Innocence Project was recognized as one of 25 innovators from around the world by The Tech Museum Awards, one of the premier annual humanitarian awards programs in the world. The awards are sponsored by the Tech Museum of Innovation. The Innocence Project was named an Equality Award Laureate for its pioneering use of DNA technology to free the wrongfully convicted. Laureates were named in four other categories as well: Education, Environment, Global Humanitarian and Economic Development. Peter Friess, president of The Tech said, “The Tech Museum Awards program embraces philanthropy, technology, and innovation – bringing thought leaders from around the world together in Silicon Valley to celebrate how technology can solve global problems. The projects and the Laureates that we honored this evening are all great examples of how technology can and does change the world every day.” Innocence Project Co-Director Peter Neufeld attended the Tech Awards Gala in November.
“CELEBRATION OF FREEDOM AND JUSTICE” INAUGURATES ANNUAL BENEFIT The second annual Innocence Project benefit will be held May 7, 2008, in New York. The “Celebration of Freedom and Justice” will honor John Grisham, Innocence Project Board Member and author of the best-selling book The Innocent Man, and the legal firm Mayer
THE INNOCENCE PROJECT 2007
Brown for its contribution to IP’s efforts to reduce the rate of eyewitness misidentification. Last year’s benefit honored Janet Reno, Innocence Project Board Member and former Attorney General of the United States; Calvin C. Johnson Jr., Innocence Project Board Member and exoneree; Matthew C. Blank, Chairman and CEO of Showtime Networks, Inc. which produced the film “After Innocence;” and Cravath, Swaine & Moore LLP, the Innocence Project’s corporate counsel. Johnson was one of 16 exonerees who attended the benefit, joining 600 supporters to collectively raise over $600,000.
IP SUPPORTERS HOST FUNDRAISER FOR EXONEREE FUND Innocence Project supporters raised nearly $40,000 at a June 2007 fundraising event in Greenwich, Connecticut, featuring Connecticut Attorney General Richard Blumenthal and exonerees David Shephard and Clark McMillan. IP supporters Allan and Nancy Bernard and Barry and Susan Nova, together with the Greenwich Bar Association, organized the event in support of the Innocence Project Exoneree Fund, which provides emergency and transitional assistance to exonerees for vital necessities including housing, food and clothing. The event was also the premiere of a Discovery Channel program documenting McMillan’s wrongful conviction, called “Proof of Innocence.” Innocence Project CoDirector Barry Scheck, Development Director Audrey Levitin and Staff Attorney Vanessa Potkin also spoke and U.S. Rep. Christopher Shays provided a statement of support.
LACROSSE TEAM RUNS LAPS FOR 36 HOURS TO RAISE FUNDS FOR THE IP Reade Seligmann, one of three Duke lacrosse players wrongfully charged in a sexual assault case in the spring of 2006, ran with his new teammates at Brown University to raise funds for the Innocence Project on a wintry day in late November. Seligmann, who recently transferred to Brown and plans to graduate in 2009, proposed the idea of an Innocence Project fundraiser to the lacrosse team coach for the team’s fall charity project. The 36 hour run-a-thon, during which each team member took turns running laps, raised $20,000 to support the Innocence Project’s work.
“USING DNA TO AVOID GETTING THE WRONG PEOPLE IN JAIL MAKES SENSE.” – Frank Weil
NORMAN FOUNDATION HELPS PUSH FOR DNA TESTING STATUTES IN ALL 50 STATES The Norman Foundation and affiliated family foundations donated $70,000 to help the Innocence Project secure access to post-conviction DNA testing for prisoners with claims of innocence. At the time of the gift, eight states still did not have statutes explicitly granting access to DNA testing that can prove innocence. Spearheading the effort on behalf of the family was Frank Weil, who said, “I’ve always been interested in finding systemic solutions to the problems of wrongful convictions. Using DNA to avoid getting the wrong people in jail makes sense.” The Innocence Project will use the funds to help pass DNA testing statutes in the states that don’t yet have them and to improve existing state statutes where necessary. ▲
SUPPORTERS STEP UP
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INNOCENCE PROJECT
DONORS
THE INNOCENCE PROJECT THANKS OUR GENEROUS SUPPORTERS AND REGRETS THAT WE DO NOT HAVE SPACE TO LIST THEM ALL. FISCAL YEAR JULY 1, 2006 THROUGH JUNE 30, 2007 $100,000+ Cardozo School of Law Jason and Wendy Flom JEHT Foundation Peter B. Lewis Dave Matthews Neukom Family Foundation Open Society Institute Frank P. and Denise Quattrone Tom and Emily Scott
$50,000 - $99,999 Joseph Flom Kathryn O. and Alan C. Greenberg The Mousetrap Foundation Wallace Global Fund Mr. & Mrs. Alan G. Weiler Working Assets
$25,000 - $49,999 Louise & Arde Bulova Fund Cravath, Swaine and Moore Renee and John Grisham Landon Foundation The Honorable Earle Mack Mayer Brown The Overbrook Foundation The Raiff Foundation Rainbow Media Holdings, LLC
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Nathan & Lena Seiler Family Foundation, Inc.
$10,000 - $24,999 Frances & Benjamin Benenson Foundation Jacob Burns Foundation Cochran, Neufeld & Scheck, LLP Covington & Burling, LLP Debevoise & Plimpton EMSA Fund, Inc. Fried, Frank, Harris, Shriver & Jacobson LLP Sherry and Leo Frumkin Bulova Gale Foundation Richard & Rhoda Goldman Fund Jamie S. Gorelick The Leo S. Guthman Fund Hickrill Foundation Andrew Karp Mary Lawrence Lubo Fund, Inc. Helen & William Mazer Foundation Morrison & Foerster, LLP The John and Wendy Neu Foundation Norman Foundation, Inc. Normandie Foundation, Inc. Random House, Inc. Rex Foundation The Ritter Charitable Trust Matthew Rothman and Nancy Katz
Schulte Roth & Zabel, LLP William and Jane Schloss Foundation Andrew and Dorothy Tananbaum Jack and Kristalina Taylor Tides Foundation H. van Ameringen Foundation Vital Spark Foundation Weil, Gotshal & Manges, LLP Winston & Strawn, LLP
$5,000 - $9,999 Laurie Arbeiter and Jennifer Hobbs Boises, Schiller & Flexner LLP CBS Corporation Community Church of New York Maddy deLone and Bobby Cohen Dickstein Shapiro LLP Discovery Communications Josh Dubin Gordon and Karen DuGan The Elias Foundation Emery Celli Brinckerhoff & Abady LLP The Leonard Friedland Charitable Foundation, Inc Miriam B. Greenberger Hank and Karoly Gutman Samuel J. Holtzman Family Foundation Fred Hone International Society of Barristers
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The Edith B. and Lee V. Jacobs Fund No. 1 Johnson & Johnson Gary Karrass Kaye Scholer, LLP Jim and Nina Kingsdale The Lillian & Ira N. Langsan Foundation, Inc. Lankler, Siffert & Wohl LLP Gerald B. Lefcourt, Esq. David and Ruth Levine, in honor of the wedding of Gillian Gar and Soren Larson MAH Foundation, Inc. Mellen Foundation, Inc. Milberg Weiss Bershad & Schulman LLP Joshua Miller Jennifer and David Millstone The Leo Model Foundation Thomas Moorer Moors C. Myers Peter Neufeld and Adele Bernhard Paul, Weiss, Rifkind, Wharton & Garrison LLP The Penates Foundation Harold D. and Leilee W. Reiter Peter B. Reynolds Jeff Roberts and Alicia Fukunaga Sheila Saltiel Stephen Schulte Gerry Shargel Shearman & Sterling LLP The Silver Family Foundation Sony Pictures Entertainment The Sundance Channel Time Warner Cable Rachel Lee Warren Wilmer, Cutler & Pickering Selig Zises
$2,500 - $4,999 Mr. and Mrs. Thomas P. Bakersmith Allan and Nancy Bernard Lisa Bowen Brownington Foundation, Inc. Donald P. Chappell Adam Chase Sanford M. Cohen, Esq. John Frawley and Jane L. Hagy Timothy R. and Kimberly Gartland Doug Gary and John Wiskind, in honor of Chuck and Peggy Smuckler Bernard F. and Alva B. Gimbel Foundation John and Margaret Herke Norma J. Johnson and Allen Ross Bob Kagan and Paula Sunshine Lawrence and Susan Kennedy Ian Maxtone-Graham and Maile Maloy Microsoft Matching Gifts Program Martha Mortenson Edward Netter
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CRC Managment Inc. Diane Curtis D. K. D. Fred Davis Collin Dawson Mr. and Mrs. Matthew Deeb Ben Denckla and Sarah Reber Donald J. Deutsch Diamondston Foundation, Inc. Dorsey & Whitney LLP Robert Edgar Duncan and Sally G. Edwards The Eshe Fund Famous Famiglia Hensey Alfonso Fenton, Jr. Martha J. Fleischman Mary E. Flynn Robert A. Friedman and Anita Davidson Dennis Fritz Abraham Fuchsberg Family Foundation, Inc. The Gage Fund Gair Gair Conason Steigman & Mackauf Neil H. Getz Dena Gittelman The Glickenhaus Foundation John R. Gordon Bobbie E. Gottlieb and Alan Marcus Todd Green George Gund, in honor of Daniel Shapiro Daniel Gunther Mr. and Mrs. Scott Gygi Erica Hahn Jules Haimovitz Hallmark Corporate Foundation Mr. Jeff Hamond and Dr. Mauri A. Ziff Elizabeth Hargrave and Matthew Cohen Dr. Paul Hartunian Kathryn Henkens Sam and Ronnie Heyman, in honor of David and Jennifer Millstone High Rise Capital Management Ann Hirsch and Andy Bailey Pamela Hoiles Jeffrey and Lynn R. Horowitz Stanley E. Hubbard Hughes, Hubbard & Reed LLP Hycliff Foundation Andrew Hyman Imax Corporation Initiative Media Bret Kadison Amy Kalkut Richard Katz and Heidi Lipton Kauff McClain & McGuire Ira Stephen Kay Richard B. Kendall Kenelm Foundation King Family Fund Arthur and Ruth Kohn
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Philip Kottle Nancy Kronheim Emily Kunreuther Jon and Barbara Landau Sally Larson Burton Lehman, in honor of Stephen Schulte Tom Lehrer Rob Levine Norman & Constance Levy Craig and Rose Lighty Fund Gary Lippman John Lurie M/K Advertising Partners, Ltd. Douglas Macdonald David and Frances Magee Magnolia Plastics, Inc., in memory of Don and Jo Wells Mahtook & La Fleur Peter Malkin Ann Mandelbaum Gene Manheim J.P. Mathot Robert McClain Wynn B. McCloskey William Metzger Ken Miller Cynthia Morales Barbara J. and David Morgan Mary Jo Mullan Muriel Neufeld NÜrr Stiefenhofer Lutz O’Melveny & Myers LLP Noah M. Osnos Susan Ould Owenoke Foundation Jaqueline Pack-Johnson Joel J. Paston William and Josianne Pennington Lawrence Perry, Esq. Phi Sigma Lamda Ron Pile Dale L. Ponikvar Patrick and Angie Reilly Harold Richardson Ellen Rick Avrun Rivel, in honor of Dr. Morris & Dorothy and Elayne Rubinoff Robert R. Robinson Seth Rosenberg Lynne G. and Mason P. Rosenthal Judith and Robert Rubin Steve Safyer, M.D. and Paula Marcus, M.D. Josh Sapan and Ann Foley Christen Schaffer Andrew J. Schectel Howard Schoninger Schreiber Family Foundation Charles Schubach
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Victor Schuster Seiff, Kretz & Abercrombie Joyce Sirlin-Rand Gerald Slavet, in honor of Eliza Slavet William G. Spears Sucherman Consulting Group Travis Sweat Laura Jane Swezey Taste It Presents, Inc. Temple Sinai of Roslyn David W. Thoms Tom Topor Triquest Financial Services Corp. Tropical Transfer, Inc., in honor of Julia Danvers Douglas Vetter Sheldon Vidibor Emily and Stephen Ward Harrison Weber Lawrence and Judith Weber Stacey and Jeffrey A. Weber David Weintraub Morry Weiss Ellen W. Weldon Jeffrey S. and Gro V. Wood Dr. George Woods Mr. and Mrs. Marc Zboch Merryl S. Zegar, in honor of the freeing of Mr. Byron Halsey Wendy Zizmor
$500 - $999 454 Life Sciences Mr. and Mrs. Paul Albitz Mr. and Mrs. Esmond Alleyne Stewart Alter Michael Bandler Paris Barclay and Christopher Mason Barish & O'Brien Foundation Jeffrey H. Becker Charles D. and Jennifer P. Beeler Julian B. Bellenghi Paul B. Bergman, Esq. Robert Blackmore Neal E. Blackwell Marion A. Blumenthal James Bogin Borden Media Consulting, LLC Ronald and Phyllis Bourgois Elaine Brennan James Brock and Liz Watson Edward and Katherine Cerullo Robert J. and Deborah A. J. Chalfin Dr. Prasanna Chandrasekhar Scott Charney Charles E. and Dee A. Clayman W. George and Terri Cochran Connecticut Criminal Defense Lawyers Association, in honor of Barry Scheck
Helima L. Croft Dr. Brian Currie Davis Wright Tremaine, LLP Susan deLone Stephen J. Doig and Marion E. Cass Dorsey & Whitney, LLP Walter and Nancy Dubler Ian and Bree Dumain Mr. & Mrs. Sanford Dumain Mary M. Dunbar Ernestine S. Elster, Ph.D. Raudline Etienne Everest Realty Holdings, Inc. Todd Fantz Mr. and Mrs. Robert Ferguson Shirley Fingerhood Marie-Therese Flaherty and Douglas Clark Wayne Forte Seth Freeman Jennifer Freeman and Walker Stevenson Ely Garfinkle Mitchell Gaynor Richard and Deborah Genz Lawrence S. Goldman Honorable Judge Emily Jane Goodman Google Matching Gifts Joan Granlund Dr. Jacob Grayson Halo Foundation Inc. Zev Handel and Ju Namkung Stephen M. and Debbie Harnik Michele Hehn, in honor of Patricia Hehn Mr. and Mrs. Barbara Hochhauser Jeremy Hockenstein Frank Holozubiec John Howard Teresa Hull Cecil Hutcherson Manigault Mark Iger Aretha Jackson Judy Kaplan Dr. Herbert J. Kayden and Mrs. Gabrielle Reem Kayden Gail Kirhoffer Richard N. Kitsis, M.D. Marcella Klein and Richard Schaeffer Dr. Nora Kleps Robert Kolodny Mr. and Mrs. Victor A. Kovner La Raza Lawyers Association Alyse Laemmle Willie Lockeretz and Sarah Wernick Abbe Lowell Adelle Lutz Robert Michael Lutz Jane Hamilton Mader John and Ann Mahoney Richard Mallinson Rachel R. Marcus and J. Edwin Atwood
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James E. and Barbara B. McCauley Beth McKinnon Dr. Irwin Merkatz John Merrill M. D. Miller National Academy of Televison Arts and Sciences Roy R. and Marie S. Neuberger Foundation Philip O. Ozuah Alexander Papachristou Brian Park Peachtree Enterprises, Inc. Joel A. Perlman Michael Poppo Mr. Bradley Post R. Darryl Primo R. Rankin Andrew and Monique Rechtschaffen J. Diane Redd Andy Riebs Nancy Roberts Michael Robinson Stephen Rosenthal Adam Rothstein Royce Carlton, Inc. John K. Rudolph and Kathy Gunst Jeffrey A. Sachs George Sakier Foundation Steven M. Salky Harvey Schneier, in honor of Barry Scheck Stephen J. Schulhofer SES Americom Andrew W. Siegel Thomas Silk Linda Slamon, in honor of Sarah Borland, Cardozo Law '07 Jacob Watkins Smith Lasana Smith Dr. Bruce Soloway Rex D. Stewart John B. Stoliar Supercuts Lois and Fred Tarter The Jonathan M. Tisch Foundation Titan Outdoor, LLC Gail and Edward Tomberg Mr. and Mrs. Christian Treitler Univerisity of Virginia Law School Ralph Van Dusseldorp Ezekiel Vanderhoek and Stephanie Green Paul Verkuil The Lynn Warshow Charitable Fund Ilene Weiss Mr. and Mrs. J. Michael West Jon and Kimberly R. Wheeler John Wilkinson Allen Williams Jean H. Wills Garen John Wintemute
$150 - $499 William M. Abrams and Julie Salamon Eric and Marie-Jose Albert Noelie Alito Mark L. Amsterdam Arizona Hydrotherapy Robert and Marcia Ascher Frank Ascoli Kevin Aures Rebecca Lane Baker Judith Balick-Fried and Paul Fried Baltimore Community Foundation Janice Barringer Rick Beale Shirley and Albert Beja Michael Bell Hilary Lea and Matthew L. Bernard Mr. and Mrs. Jason P. Bernard Sarah Bernard Rohit Bhalla Mr. and Mrs. Neil Bhatia Kai and David Billmaier Jonathan Birkhahn and Alexis Brosen Rachel Bluth Leta Bodine Eric Bokota Valerie Bolger Bob Bourque and Katherine Staton Mary C. Brittingham Peter P. Brooks Joy Brosier The Brown Family David A. Cacela Gregory Camp David Carlet Nathan Lee Carnes J. W. Carney, Jr. Mr. and Mrs. Michael Cedar Stephen Chapman Corrie Christopher Angela Marie Cierzniewski Christopher G. Clautice William L. Clay Nancy Clipper Peter Cole Ann Conte and Roy Somers J. Bradley Cook Mr. and Mrs. Lee Cook Larry N. Cooley Rosanne Cosentino Mr. and Mrs. Warren Crowder Culpepper Group Inc. Michael W. Cummins Obrad Cvetovich Katherine Darras Anthony E. Davis Matt Day Daniel P. Dean Nathan and Marilyn Dershowitz
THE INNOCENCE PROJECT DONORS
Doar Rieck & Mack Nancy Doll Cynthia Donoghue Jennifer L. Donovan Mr. and Mrs. William Downey Jordan A. Drachman Margaret Drury Dianne Eberlein Meeghan Prunty Edelstein, in honor of Elizabeth Gorman Prunty and Elizabeth Mayers Sheldon H. Elsen Jonathan Emerson Employees of Yahoo, Inc. Jack and Reva Falk Family Trust Rarden, in honor of Gabriel Rothstein Dr. and Mrs. Donald Feinstein Jeffrey R. Firestone Jared and Elizabeth Forminard, in honor of Gillian Garfinkle and Soren Larson Eugene Forsyth Martin Friedman Robert L. and Louann Frome R.A. Gadilauskas Thomas Gannon Eleanor Gease Glynn Germany Roberta Gilbert and Joseph Barron Thomas J. Gilgut, Jr. Gluck Family Charitable Foundation Delores Gluck Trish Gondolfo Garrette Gordon Steven Gorman Paul Gough Kenneth and Connie Graham Richard and Rosemarie Griffin Seth Grossinger Ralph and Marsha J. Guggenheim Colin and Anne Gyles Mr. and Mrs. Charles Haines Patricia Hamill Michael Hanson Stephen Harris Kathryn Heflin and David Sadoff Terry Hill Mr. and Mrs. James A. Himes Gary Hinze David Hirsch Mr. and Mrs. Jack Hoffinger Brigid L. M. Hogan Elizabeth Hohe Mark Holt John Houston Daniel K. Hsiung Thomas Hughes Wood and Rita Hunter The Hyman Family Charitable Foundation
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Arthur M. Jackson Jonathan L. Jackson Martha Jaime Carolynne James Felix Jenkins, in honor of George Haywood Judith Johnson Preston Johnson Larry M. Jones Peter C. Kahn, in memory of Richard Goldberg Richard Kahn Nicholas Kahn-Fogel Amy Kalkbrenner Mr. and Mrs. John Kannarr Mr. and Mrs. Morris Kaplan The Kaplan Thaler Group Holly Karr Patt Karr Betty G. Kauffman Richard Keenan and Kathleen McNamara R. G. Kerlikowske Beverly Kirsch Arlene Koby Frank B. Konhaus and Ms. Ellen Cassilly Scott A. Korenbaum, Esq. Rich and Gloria Krawczyk Gary Kreps Mr and Mrs. Edward Krisor Susan Kurtas Christine Lainas Tamara Larsen Inez Lechmanski Gary Levine and Maxine Mintzer Ruth Levitan Nick and Audrey Levitin Mr. and Mrs. John Lewis David S. Lindau, in honor of Allan Bernard Peter J. Lobert Douglas Logan Phoenix Lundstrom Betsy Maclean Leslie and Peter Malcolmson Manatee County Bar Association Ann L. Marcelletti-Murray and Rick Murray Alexander Margolies Carl Marsak Pearl Marsh Lise A. Martina Judge and Mrs. Gary Marton Mr. and Mrs. Gary T. Marx, in honor of the marriage of Richard Leo and Kim Richman Abby Maxman and Charles Danzoll Marla McGatlin Don McKennan Charles McVey Mr. and Mrs. Ronald Mersky John Milkey Amber Miller
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Robert and Virginia Montgomery Howard P. Moody Dr. Thomas Moorman Frank E. Mullin John Murphy Tommy Murphy Christopher Muscatella Julianne Nason Melissa Nazareth Renee Nelson Anne Nixon Anthony and Nancy Ody Chinwe U. Okehi Shannon Orourke Outten & Golden, LLP Issac S. Payne, IV Eleanor M. Penziner Carl W. Perrin Ellen E. Perry Kate Pflaumer Pike Place Capital Management, LLC William G. Polk Mr. and Mrs. Erik Preis Joseph B. and Jackie Rabin Ruth Reichl and Michael Singer Alicia C. Reyes Marva Richard Mr. and Mrs. James Richmond Lynn Richmond and John Griffin Erin Robertson Janet Rolle Michael L. Rongey Oren and Barbara Root Phyllis and Sheldon Ross Mr. and Mrs. Eric Rubel Samuel D. Rudy Ruhnke & Barrett Dr. Shalom Saar The SAH Consultancy, Inc. Joan Sasine, in honor of Ms. Carla Littlejohn Wililam Savedoff Michael Schluraff Jonathan Schulman Lynda Scott Senegal Senghor Renla Session Theresa Sgammato Nicole Shampaine Michael R. Shannon Tony Shih Barbara Shore Cyd and Josef Sieghart Heidi Sinclair Amy Singer Ann Smith Anthony Smith C. Smith Steven M. Smith and Sandra L. DeSmith Kathlyn Snyder
William G. Soltis, Jr. Margo J. Spence Rabbi Israel C. Stein and Mrs. Roslyn B. Stein J. Edwin Stephens Michael B. Sterling Steve and Nancy Stillerman Fred Stoller Robert and Helene Stone Arch and Laura Sturaitis Charles Tetzlaff Thermodyne Engineering, Inc. Martha Thomas Jennifer and Michael Thor Today FM Anh M. Tran and Tho Thi Nguyen Irving Tredler Beverly Tropich John Van Epps Constance V. Vecchione Kelly Vomacka Mary Waldron James Wallin Nimal Wanniarachchi Willard and Claudette Warren Beverly Washington Saleem Watson Les J. and Karen Weinstein The Weissman Family Foundation Mr. and Mrs. Andy Welter Werthheimer Foundation Sonja R. West Timothy Williams Donald Winters Kenneth I. Wirfel, Esq. Jeremy Wise Henry J. Wolfinger Steven Woods Mr. and Mrs. Ralph Wyman Rhonda Yanco-Zero Amy Yates Carin S. Young Diane Zahn William Zangwill Alex R. and Elsbeth Zeigler Roger and Leesa Zissu
To make a donation, please use the enclosed envelope or visit our website: www.innocenceproject.org.
THE INNOCENCE PROJECT 2007
FINANCIAL INFORMATION
CORPORATIONS 2%
FISCAL YEAR JULY 1, 2006 - JUNE 30, 2007 Income Foundations Individuals Corporations Donated Services Events Investment Income Royalty Income Miscellaneous Income
OTHER 13 %
$1,508,469 2,045,460 137,918 1,516,009 620,698 121,000 25,000 7,790
INDIVIDUALS 35% DONATED SERVICES 25%
FOUNDATIONS 25%
$5,982,344
Expenses Program Services Management & General Fundraising
FUNDRAISING 9%
$4,546,533 674,787 501,155
MANAGEMENT & GENERAL 12%
$5,722,475 Net Revenue
$259,869
Fund Balance July 1, 2006*
$2,451,386
Fund Balance June 30, 2007*
$2,711,255
*Does
PROGRAM SERVICES 79%
not include Board-designated reserve fund.
FINANCIAL INFORMATION
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EXPANDING OUR REACH
NATIONWIDE
While 2007 was the Innocence Project’s 15th anniversary, it was just our third anniversary as an independent, nonprofit organization. In 2004, the Innocence Project transitioned from a clinic at Cardozo School of Law to a separate organization closely affiliated with Cardozo. We hoped the restructuring would allow us to build an institution that could have an even larger national impact on behalf of individual clients and in reforming the criminal justice system. As the preceding pages make clear, the Innocence Project’s impact in 2007 was unprecedented. We are able to take on more cases, pass more reforms, help more clients and educate more of the public because we have built an organization with the capacity to take on critical work in every part of the country. In just the last three years, our staff has grown from eight to more than 40, and our budget has quadrupled. Two dozen Cardozo law students work in the Innocence Project clinic, where they search for evidence, write briefs, conduct research and help advocate for a total of more than 250 clients at any given time. Every Wednesday afternoon during the school year, we teach the Innocence Project class in our office, and students are mentored and guided throughout the year by our six staff attorneys who supervise their work. We expanded our staff, particularly in policy and communications, so that we can work closely with partners and supporters in all 50 states to have a stronger national impact. From coast to coast, local advocates team up with our staff to help pass critical legislation. Supporters in states from Washington to Kentucky to Florida host educational events or house parties to raise awareness and funds. Meanwhile, the formal Innocence Network, which officially started just two years ago, has nearly doubled – with nearly 50 organizations actively involved. The strength of our work -- and the pace of our progress -- correlates directly with the strength of the organization and the pace of our growth. Your support has made it possible for us to reach potential clients, legislators and the public in every corner of the country. As we look ahead to 2008 and beyond, the Innocence Project is positioned to continue building on our national presence – and continue building a criminal justice system that is more fair, accurate and just.
– SENATOR RODNEY ELLIS, BOARD CHAIR MADDY DELONE, EXECUTIVE DIRECTOR
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LETTER FROM BOARD CHAIR AND EXECUTIVE DIRECTOR
INNOCENCE BY THE NUMBERS INTAKE 2007 :
The Innocence Project receives thousands of letters a year from prisoners, their families and their advocates across the country. A full-time staff of nine people handles the intake and case evaluation for all of these potential clients. Everyone who writes is asked to complete a questionnaire that helps the intake staff determine whether the case meets the Innocence Project’s criteria: whether there is biological evidence in the case (blood, semen, skin cells, hair) and whether DNA testing on that evidence could prove innocence. Once the questionnaire is complete, the intake staff often requests legal documents, reviews the case, and recommends cases to the litigation department, which decides whether to represent clients.
THE STATISTICS BELOW ARE FOR CALENDAR YEAR 2007: Letters received from potential clients writing for the first time 3,014 Average number of letters received each month 250 Number of different states potential clients wrote from 50 (plus the District of Columbia, Puerto Rico and the Virgin Islands) Total number of cases in evaluation 8,020 Letters from potential clients on death row 21 Total number of people sentenced to death in the U.S. in 2007 110 New cases opened in 2007 80 Number of potential clients who were referred to other organizations for assistance 180 Current Innocence Project clients 268
OUR STAFF Olga Akselrod: Staff Attorney, Corinne Audet: Finance and Human Resources Associate, Elena Aviles: Documents Manager, Rebecca Brown: Policy Analyst, Loretta Carty: Legal Assistant, Scott Clugstone: Director of Finance and Administration, Abigail Cook-Mack: Policy Advocate, Craig Cooley: Staff Attorney, Valencia Craig: Receptionist, Huy Dao: Case Director, Maddy deLone: Executive Director, Karen De George: Development Associate, Anamarie Diaz: Case Assistant, Ezekiel R. Edwards: Staff Attorney/Mayer Brown Eyewitness Fellow, Eric Ferrero: Director of Communications, Frances Ferris Crocker: Special Assistant, Heather Gatnarek: Paralegal, Nicholas Goodness: Case Coordinator, Edwin Grimsley: Case Coordinator, William Ingram: Case Assistant, Jeffrey Johnson: Office Manager, Matthew Kelley: Communications Associate, Michael Klinger: Policy Associate, Rebecca Kozak: Paralegal, Jason Kreag: Staff Attorney, Audrey Levitin: Director of Development, David Loftis: Managing Attorney, Zaineb Mohammed: Paralegal, Alba Morales: Staff Attorney, Nina Morrison: Staff Attorney, Peter Neufeld: Co-Director, Gabriel Oberfield: Research Analyst, Vanessa Potkin: Staff Attorney, Kristin Pulkkinen: Development Associate, Anthony Richardson: Policy Assistant and Database Administrator, Stephen Saloom: Policy Director, Barry Scheck: Co-Director, Jechonia Spruill: Development Associate, Alissa Talley: Communications Assistant, Maggie Taylor: Senior Case Coordinator, Elizabeth Vaca: Assistant to the Directors, Marc Vega: Case Assistant, Elizabeth Webster: Communications Associate, Elizabeth Weill-Greenberg: Case Coordinator, Karen Wolff: Social Worker
INNOCENCE BY THE NUMBERS 2007
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The Innocence Project was founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University to assist prisoners who could be proven innocent through DNA testing. To date, 215 people in the United States have been exonerated by DNA testing, including 16 who served time on death row. These people served an average of 12 years in prison before exoneration and release. The Innocence Project’s full-time staff attorneys and Cardozo clinic students provided direct representation or critical assistance in most of these cases. The Innocence Project’s groundbreaking use of DNA technology to free innocent people has provided irrefutable proof that wrongful convictions are not isolated or rare events but instead arise from systemic defects. Now an independent nonprofit organization closely affiliated with Cardozo School of Law at Yeshiva University, the Innocence Project’s mission is nothing less than to free the staggering numbers of innocent people who remain incarcerated and to bring substantive reform to the system responsible for their unjust imprisonment.
INNOCENCE PROJECT, INC. 100 FIFTH AVENUE, 3RD FLOOR NEW YORK, NEW YORK 10011 WWW.INNOCENCEPROJECT.ORG BENJAMIN N. CARDOZO SCHOOL OF LAW, YESHIVA UNIVERSITY
Donate online at www.innocenceproject.org