by Donna Lyons
What would it be like to serve 15 years behind bars for a crime you didn't commit? How would you feel if your testimony was responsible for putting that person behind bars, and you later found they were innocent? And what can legislators do to strengthen laws to prevent wrongful convictions?
The National Conference of State Legislatures' Law and Criminal Justice Committee convened a “conviction integrity” discussion at the Fall Forum of the Standing Committees in San Diego, California. The session included a Texas case study of a wrongful conviction and exoneration. The Committee heard from the police investigator, the victim, and man convicted and then exonerated in the sexual assault case.
Debbie, as she would like to be identified, was only 19-years-old and about to attend The University of Northern, Texas…when raped at knife point. Debbie said the incident left her traumatized and suicidal.
At the time, 26 year old Thomas McGowan liven in Richardson, Texas and did have a police record for burglary. Police said McGowan's alibi was weak and his car matched the description of a vehicle used in the crime. Thomas McGowan spent 23 years in prison for raping Debbie and called his time “pure hell.” He told the NCSL Law and Criminal Justice Committee about his praying the right person would eventually be brought to justice every night…despite his appeal being denied.
Police detective Mike Corley, who is now assistant chief of the Richardson, Texas police department, included Thomas picture in a photo line-up that was given to Debbie. At the time it was standard police practice to use photo arrays, and in this case...the seven photos shown to the victim included both color photos and black and white photocopies.
Debbie made a tentative selection of McGowan’s picture, and was prompted to make a positive identification, also standard police procedure at the time. Research on factors involved in wrongful convictions has shown that a victim looking at photos often will pick the one that looks most like the perpetrator.
McGowan began writing the Innocence Project, a national legal and public policy clinic that works to use DNA testing in post-conviction innocence claims, and provide information and assistance to help prevent injustice. The Innocence Project took on McGowan’s case in 2007, and was able to work with prosecutors in Dallas County, Texas to find and test evidence from the case. DNA tests later excluded McGowan; and instead identified a man who was already in prison in Lubbock, Texas.
Rebecca Brown with the Innocence Project in New York, also spoke to the NCSL Committee about wrongful convictions. She said the mistaken identification which occurred in McGowan's case is a principle cause of wrongful conviction. Brown told lawmakers that “innocence commissions” in many states have provided a structure for analysis and actions to address wrongful convictions. Representative Jerry Madden says the state of Texas has such a group.
Texas has established a "Criminal Justice Integrity Unit" (TCJIU) and it's led by Judge Barbara Hervey of the Texas Court of Criminal Appeals. She told the NCSL group that the unit is discussing a range of issues related to wrongful convictions, including quality of indigent defense; better eyewitness identification; addressing improper interrogation practices; collection and preservation of forensic evidence; and crime lab reliability.
Representative Madden said the state's Integrity Unit will help address many of these issues and improve the administration of justice.
Which is why Thomas and Debbie think their story is important to share with legislators.
For more information on criminal justice issues in the states, log onto NCSL.
It is a shame that so many in the profession regard the mere acknowledgement or discussion of wrongful convictions as a threat to the integrity of the system that must be squelched. State bar association were for years opposed to even teaching classes about wrongful convictions in law schools. It would seem that this cover-up mentality hurts the profession's integrity far more than showing the public you know there is an epidemic and you are working hard to correct it. They need to start with the number one cause of wrongful convictions, namely the lack of accountability of judges and prosecutors who cause them. Prosecutors are almost never disciplined for willful fabrications of evidence, dubious and unsupported charging decisions, etc. Prior to the Duke lacrosse case, only twice in 40 years had North Carolina disciplined a prosecutor for abuse within the judicial process itself. Until prosecutors are held accountable, the rash of wrongful convictions will only get worse.
Posted by: Kevin | February 04, 2010 at 09:10 AM
Great piece Ms. Lyons. I just learned about The Thicket via Gritsforbreakfast.
Kevin, your comment is priceless. Please consider re-posting it on the PROJECT: Not Guilty Forum as a Solution. It is a breath of fresh air to hear someone state where the problem lies. Rogue cops only get away with false arrest when Rogue ADAs are willing to indict and when Rogue Judges knowingly and willingly allow it we get wrongful convictions. Thanks.
Posted by: The Team | February 18, 2010 at 01:46 PM