Tag: exoneration
If You Want Us To Help Prove Your Innocence, Start With This Checklist

If You Want Us To Help Prove Your Innocence, Start With This Checklist

The year 2022 closed out with many readers reaching out to me with cases that they think deserve more scrutiny. I’m flattered and I would like to help. But, on occasion, the outreach I receive is a little light on foundational documents.

I’m kicking off 2023 with a guide that anyone can use if they’re looking for help on a criminal case from a journalist or trying to help a prisoner reduce their sentence.

This is what you should do before and while seeking any journalist's assistance on a criminal case or post-conviction challenge.

Come correct: Collect all your information before reaching out: docket numbers, copies of court files (never walk out of court with original records; that’s a crime), lawyers’ names and all of their contact information (physical and email addresses as well as office telephone numbers and cell phone numbers).

All correspondence between the defendant/prisoner and lawyers can illuminate what happened. An inmate file would be helpful if the person is incarcerated. A signed release of information allowing attorneys to speak with the reporter should be handed over up front. It can accelerate our research.

Write a timeline: As Tennessee Senator Howard Baker asked former White House Counsel John Dean about Watergate: “What did the president know, and when did he know it?”

Often it’s the order of events that matters in these cases because it either confirms or challenges what people know. This is key. Without a linear depiction of what happened and when, it’s hard to see who knew what and when. Because criminal cases aren’t just about actions but also the accused persons’ state of mind, seeing the events spatially can be essential to any inquiry.

Get transcripts: Transcripts are tricky to take to a reporter because technically they’re not public records; court reporters/monitors own them privately. Their private nature makes them costly. Courts can grant fee waivers for transcripts to applicants who qualify (an incarcerated person, friends and family members with limited means). The clerk in the courthouse where the hearing or trial was held can provide these forms; they vary from jurisdiction to jurisdiction.

Courts won’t approve these fee waivers for journalists and news outlets. We have to pay for these volumes and it’s an expensive gambit if they don’t reveal much to assist with the investigation.

The effort of applying for the waiver and having master copies of testimony is worth it. Sometimes you might wonder if the judges who write appellate opinions even read the transcripts at all when you see the way the testimony (the content of the transcripts) appears in a court’s opinion. Those inconsistencies provide fertile ground for someone other than a lawyer to find a reversible error.

We did exactly that here at The National Memo in 2022; we found false evidence in the trial transcripts of Melissa Lucio, the only Hispanic woman sentenced to death in Texas. Her execution was paused pending a hearing after her attorneys included our reporting in a petition to the court. Read the Lucio series here.

Keep a copy: Do this for all paperwork you complete, like fee waiver applications you file, rejections to requests for records.

Sometimes agencies don’t cooperate and it may seem impossible to get the documents you need. But that may be part of the story and we’ll need that proof.

Don’t be offended when a journalist doesn't take your word for it: When we ask for confirmation of a part of the story, it’s not because we suspect you of misrepresenting anything. We need confirmation for our editors.

If there’s no other evidence besides your knowledge of a particular situation, then turn that knowledge into evidence. It can be done relatively easily. In that case, use this template to make out an affidavit. An affidavit — sworn, out-of-court testimony — can be used as evidence. It doesn’t prove that the facts within are true, but it does show the witness’ willingness to expose themselves to perjury charges if the contents of the statement are proven false. Often journalists can use these statements in their reporting.

Find a therapist: This isn’t a layperson diagnosis of mental illness. I’m not pointing out flaws in those people seeking justice for friends, family members or even prisoners. It’s quite the opposite.

Wrongful convictions, lengthy incarceration, waiting for a languid bureaucracy to fix mistakes they made in a millisecond are traumatic experiences even for bystanders. Trying to explain the facts and the trauma to a journalist wastes time and asks them to act as an advisor of sorts. We know — and especially I know — how harmful injustice is, not just to the defendant or inmate, but also people close to them.

But explaining to us how stressful all of this doesn't help anyone — we’re supposed to be investigating — but it’s also pointless because we’re not trained to assist in those ways. Finding a professional with whom you can work out your feelings will enhance your ability to secure attention — and therefore assistance for your cause. Find A Therapist is just one source of information on service providers in your area.

Be Patient: Getting new records or finding the best witness can take time. It won’t happen overnight.


Be Realistic: While pressure from the press can break logjams and even expose innocence, it’s not always possible. We’d love to clear some names and spring some bodies from custody but we’re not magicians.


Chandra Bozelko did time in a maximum-security facility in Connecticut. While inside she became the first incarcerated person with a regular byline in a publication outside of the facility. Her “Prison Diaries" column ran in The New Haven Independent, and she later established a blog under the same name that earned several professional awards. Her columns now appear regularly in The National Memo.

White House: Lack Of ‘Exoneration’ By Mueller Doesn’t Matter

White House: Lack Of ‘Exoneration’ By Mueller Doesn’t Matter

Less than 24 hours after former special counsel Robert Mueller confirmed details on how Trump obstructed justice and sought foreign help to influence the 2016 election, the White House is changing its tune on “total exoneration.”

In an appearance Thursday on NPR’s “Morning Edition,” White House deputy press secretary Steven Groves revealed the new approach.

“I don’t think that that we, that the discussion about the report should rise and fall on the term ‘exonerate’,” Groves said. “‘Exonerated,’ like ‘collusion’ doesn’t have any real meaning under the law and it’s sad that we’re boiling it down — exoneration is the collusion of 2019.”

Trump first declared total exoneration after his loyalist Attorney General William Barr released his own skewed summary of the Mueller report in March.

“It was a complete and total exoneration,” Trump said at the time.

Since then, he has stuck to the term, often invoking it alongside the lie that the report found “no collusion” between his campaign and Russia.

No Collusion, No Obstruction, Complete and Total EXONERATION,” Trump tweeted in March. In June, he wrote of “total exoneration by Robert Mueller & the Mueller Report.”

But when Mueller testified before the House, he made clear Trump’s exoneration line was fake.

“Trump has not been exonerated by Mueller at all,” the Associated Press reported.  “‘No,’ Mueller said when asked at the hearing whether he had cleared the president of criminal wrongdoing in the investigation that looked into the 2016 Trump campaign’s relations with Russians.”

Mueller explicitly told Congress that his office operated under the guidelines from the Office of Legal Counsel, which state that a sitting president could not be charged with a crime. He also noted that Trump could be charged after his presidency, as over 800 prosecutors have said.

Mueller also noted that his office documented the Trump campaign’s attempts to work with Russia to affect the outcome of the election, which debunks Trump’s “no collusion” cry.

The White House is aware of the holes that Mueller poked in Trump’s defenses. Attempting to play down “exoneration” after months of Trump touting it is an attempt to rewrite history.

Published with permission of The American Independent.

Troy Davis, R.I.P.: One Day The Truth Will Come Out

2000: Frank Lee Smith is posthumously exonerated — he’d died 11 months earlier — 14 years after being convicted of raping and murdering an 8-year-old girl. The eyewitnesses were wrong.

2001: Charles Fain is exonerated and set free 18 years after being sentenced to death for the kidnapping, rape and murder of a young girl. The scientific testimony was wrong.

2002: Ray Krone is exonerated and set free 10 years after being sentenced to death for the kidnapping, rape and murder of a bar worker. The scientific testimony was wrong.

2003: John Thompson is exonerated and set free 18 years after being sentenced to death for murder. The prosecutors hid exculpatory scientific evidence and the eyewitnesses were wrong.

2004: Ryan Matthews is exonerated and set free five years after being sentenced to death for killing a convenience store owner. The eyewitnesses were wrong.

2008: Kennedy Brewer is exonerated and set free seven years after being sentenced to death for killing his girlfriend’s 3-year-old daughter. The scientific testimony was wrong.

2010: Anthony Graves is exonerated and set free 18 years after being sentenced to death for the murder of an entire family. The sole eyewitness — who was himself the murderer — lied.

I could make a much longer list.

There are literally hundreds of men, and even a few women, who have been exonerated and set free after being sentenced to death, life, 25, 60, even 400 years for awful things they did not do. I could make a longer list, but space is at a premium and there is more that needs saying here.

They killed Troy Davis on Wednesday night.

He went to his death still proclaiming his innocence of the 1989 murder of a Savannah, Ga., police officer. Davis was convicted on “evidence” that boiled down to the testimony of nine eyewitnesses, seven of whom later recanted.

But Spencer Lawton, who originally prosecuted the case, would not want you to worry your head about that. Hours before Davis was put to death, Lawton was quoted by CNN as saying he had no doubts about the case and was confident Davis was the killer. How much do you want to bet the prosecutors of Fain, Brewer, Krone or any of those hundreds of others would have said the same thing, expressed the same confidence? Without that confidence, the whole house of cards comes tumbling down.

Meaning the death penalty, a flimsy edifice erected on the shaky premise that we always get it right, that human systems always work as designed, that witnesses make no mistakes, that science is never fallible, that cops never lie, that lawyers are never incompetent.

You have to believe that. You have to make yourself believe it. Otherwise, how do you sleep at night? So, of course, a prosecutor speaks confidence. What else is he going to speak? Truth? Truth is too big, too dangerous, too damning. Truth asks a simple question: in what field of endeavor have we always gotten it right? And you know the answer to that.

So truth is too pregnant for speaking. Better to avert your eyes and profess your confidence.

But one day, too late for Troy Davis, too late for too many, truth will out.

Godspeed that day the cards come tumbling down.

(Leonard Pitts is a columnist for the Miami Herald, 1 Herald Plaza, Miami, Fla., 33132. Readers may contact him via e-mail at lpitts@miamiherald.com.)

(c) 2011 The Miami Herald Distributed by Tribune Media Services, Inc.

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