PASSAGE OF THE DAY: "Denkowski’s assessment of Gallo concluded that the defendant's IQ score should be higher than the test scores he obtained, in part, because Gallo is Hispanic, according to court filings. In his testimony, Denkowski argued Gallo’s score should be inflated due to his “low socioeconomic antisocial lifestyle,” and thus he could not be properly assessed by mainstream IQ tests. Ellis described Denkowski's evaluation as “entirely racist and not acceptable.” Dembowski evaluated over a dozen en on Texas' death row, several of whom were executed. Since the psychologist was reprimanded in 2011, Texas courts have sought to resolve the cases Dembowski was involved in. In a 5-4 vote, the criminal appeals court narrowly approved the first claim of the filing, that Gallo's intellectual disability exempted him from execution. The court dismissed another claim, that Dembowski's false testimony violated Galllo's due process rights."
———————————————————————
PASSAGE TWO OF THE DAY: "Wednesday’s decision was the second time this year that the criminal appeals court removed a man from death row based on intellectual disability claims. In March, Randall Mays was re-sentenced to life in prison for the murder of two sheriff's deputies in Henderson County."
------------------------------------------------
STORY: "Texas takes intellectually disabled Tomas Gallo off death row," by Reporter William Melhado, published by The Texas Tribune, on April 17, 2024. (William Melhado is an Austin-based general assignment reporter. He originally joined the Tribune in 2022 as a Poynter-Koch fellow. He previously worked as a staff writer at the Santa Fe Reporter, an alt-weekly newspaper in New Mexico. Before pursuing a career in journalism, William worked as an educator for five years and taught science at a public high school in the Bronx, New York and taught at international schools in Tanzania and Nepal.)
SUB-HEADING: "The court re-sentenced Gallo to life in prison for the murder of his girlfriend’s 3-year-old daughter."
GIST: "Texas’ highest criminal court re-sentenced death row inmate Tomas Gallo to life in prison Wednesday, ruling that he is too intellectually disabled to be executed.
A Harris County jury sentenced Gallo to death for murdering his girlfriend’s 3-year-old daughter. After Gallo babysat Destiny Flores, the young girl was found with a skull fracture and had been severely sexually assaulted.
During his 2004 trial, Gallo’s defense tried to convince jurors that he was intellectually disabled. The U.S. Supreme Court in 2002 banned the use of the death penalty on people with intellectual disabilities based on the Eighth Amendment’s restriction of cruel and unusual punishments.
But decades later, in a rare instance of cooperation between the defense and prosecutors, both parties filed a findings of fact and conclusion of law together claiming Gallo’s intellectual disability precludes him from the death chamber.
Richard Ellis, Gallo’s lawyer, told The Texas Tribune that the cooperation of the Harris County District Attorney’s office was crucial to Wednesday’s decision from the Texas Court of Criminal Appeals.
“They recognized this was an injustice,” Ellis said. “They recognized the long and overwhelming documentation that was provided to show Mr. Gallo’s intellectual disability.”
The joint filing also cited false testimony by Dr. George Denkowski, a psychologist who examined the defendant, as evidence that Gallo should be removed from death row. The Texas State Board of Examiners of Psychologists sanctioned Denkowski and barred him from evaluating people on death row in 2011 after his testing methods were criticized as unscientific.
Denkowski’s assessment of Gallo concluded that the defendant's IQ score should be higher than the test scores he obtained, in part, because Gallo is Hispanic, according to court filings. In his testimony, Denkowski argued Gallo’s score should be inflated due to his “low socioeconomic antisocial lifestyle,” and thus he could not be properly assessed by mainstream IQ tests. Ellis described Denkowski's evaluation as “entirely racist and not acceptable.”
Dembowski evaluated over a dozen en on Texas' death row, several of whom were executed. Since the psychologist was reprimanded in 2011, Texas courts have sought to resolve the cases Dembowski was involved in.
In a 5-4 vote, the criminal appeals court narrowly approved the first claim of the filing, that Gallo's intellectual disability exempted him from execution. The court dismissed another claim, that Dembowski's false testimony violated Galllo's due process rights.
Wednesday’s decision was the second time this year that the criminal appeals court removed a man from death row based on intellectual disability claims. In March, Randall Mays was re-sentenced to life in prison for the murder of two sheriff's deputies in Henderson County.
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
—————————————————————————————————
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
————————————————————————————
YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.
PASSAGE OF THE DAY: "Lucio was first arrested in 2007 after her two-year-old, Mariah, was found motionless in her family’s home. The child showed signs of a broken arm untreated for weeks, a head injury, bite marks on her back, and bruises across her body. Prosecutors said she beat her child to death. However, Lucio said the two-year-old sustained the injuries by falling down stairs. Lucio was convicted and sentenced to death in 2008. She was scheduled to be executed in 2022, but the Texas Court of Criminal Appeals granted her a stay with just 48 hours to spare. Now, Judge Nelson, the District Attorney’s office and Lucio’s legal team all agree suppressed evidence — such as a Child Protection Services report and witness statements — would have corroborated Lucio’s defence."
STORY: Texas judge recommends conviction and death penalty sentence overturned for mother accused of killing daughter, by Reporter Katie Hawkinson, published by The Independent, on April 18, 2024. (Katie Hawkinson is a news reporter for The Independent based in Washington DC. She covers a wide range of topics with an emphasis on climate and social justice. Before joining The Independent in November 2023, Katie reported for Insider and the Daily Beast.)
SUB-HEADING: "Case will now go before the Texas Court of Criminal Appeals to determine if the conviction and sentence will be overturned."
With Judge Nelson’s signature, Lucio’s case will go to the Texas Court of Criminal Appeals, the only court that can vacate a conviction.
“Judge Nelson found that critical information was withheld from the defense at the time of trial and that Lucio ‘met her burden of proof, by a preponderance of the evidence, that she would not have been convicted in light of the suppressed evidence,’” Lucio’s attorneys said in a statement on Monday.
Lucio’s sons and daughter-in-law expressed their gratitude for Judge Nelson’s decision.
“We hope and pray the Court of Criminal Appeals will agree with the District Attorney, the defense, and Judge Nelson and our mother can come home to her family,” Bobby Alvarez, John Lucio and Michelle Lucio said in a joint statement.
“It’s been 17 years that we have been without her,” they continued. “We love her and miss her and can’t wait to hug her.”
Lucio was first arrested in 2007 after her two-year-old, Mariah, was found motionless in her family’s home. The child showed signs of a broken arm untreated for weeks, a head injury, bite marks on her back, and bruises across her body.
Prosecutors said she beat her child to death. However, Lucio said the two-year-old sustained the injuries by falling down stairs.
Lucio was convicted and sentenced to death in 2008. She was scheduled to be executed in 2022, but the Texas Court of Criminal Appeals granted her a stay with just 48 hours to spare.
Now, Judge Nelson, the District Attorney’s office and Lucio’s legal team all agree suppressed evidence — such as a Child Protection Services report and witness statements — would have corroborated Lucio’s defence.
Her son, Mr Alvarez, spoke to The Independent just days after Lucio received her stay. He vowed to keep fighting for his mother’s innocence — a fight that could end in the near future if the state’s Court of Criminal Appeals overturns her conviction.
“Even though we’ve got the stay it doesn’t mean the fight is now over,” Mr Alvarez previously told The Independent.""
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
—————————————————————————————————
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
————————————————————————————
YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.
BACKGROUND: "Arguing over how many hundreds of cases may have been tainted by a disgraced former detective. In January, Brooklyn prosecutors mistakenly sent to defense attorneys a 524-page PDF file listing cases that may have been tainted by the misconduct of Louis Scarcella, a retired homicide detective whose work has been frequently cited in wrongful conviction cases that have cost New York millions. One list included 319 cases. The actual number is 235, prosecutors claim. They have asked the judge to force defense attorneys to return the list without sharing its details with the public.
PUBLISHER'S NOTE: The reluctance of prosecutor's to open for public scrutiny all of Scarcella's files - so people can determine if their cases have been tainted - tells me that a public inquiry into Scarcella and those in the police and prosecution hierarchy who may have collaborated with him - or may gave protected him to preserve the reputation of their criminal justice system - is very much in order. Public exposure through 'accidental disclosure such as a prosecutor's error is a very imperfect vehicle for ensuring the integrity of a criminal justice system. Especially when so many innocent people have been convicted - and so many lives irreparably damaged.
PASSAGE OF THE DAY: "Innocence advocates like Derrick Hamilton say they have “worked with whatever we could” to find other people like himself whose convictions involved Mr. Scarcella. “It’s just a mockery that they haven’t turned over the list and made public every case he ever worked on,” said Mr. Hamilton, whose conviction for a 1991 killing was overturned after a 23-year prison stretch during which he worked with other inmates to fight convictions involving Mr. Scarcella. He said that while the review unit’s work was laudable, he was skeptical that the unit had identified all wrongful convictions involving Mr. Scarcella. “I think they’re getting tired of paying out for his cases,” he said, “so the D.A. is very selective what they reveal and what they reverse.”
STORY: "Prosecutors’ Error Exposes Potential Scope of Disgraced Detective’s Harm," by Reporter Corey Kilgannon, published by The New York Times, on April 15, 2024; (Corey Kilgannon is a Times reporter who writes about crime and criminal justice in and around New York City, as well as breaking news and other feature stories.)
SUB-HEADING: "The Brooklyn district attorney’s office didn’t mean to send opposing lawyers an unredacted file about Louis Scarcella, a former N.Y.P.D. detective whose overturned cases have cost New York millions."
PHOTO CAPTION: "Defense lawyers wound up with a file of hundreds of cases involving the former detective Louis Scarcella."
Credit…"Anthony Lanzilote for The New York TimesGIST: "In court papers they are called the “Scarcella Lists” — compilations of cases involving a retired New York City homicide detective whose problematic work on homicides in the 1980s and 1990s was cited in numerous wrongful convictions that have cost the city and state millions.For years, prosecutors did not disclose the broad scope of cases that the detective, Louis Scarcella, may have tainted, despite interest from lawyers and exoneration advocates.
But thanks to a simple computer slip-up, the door recently cracked open to reveal details of dozens of homicide cases that were not scrutinized amid a decadelong re-evaluation of Mr. Scarcella’s cases that led to convictions.
In January, prosecutors mistakenly sent a large, unredacted computer file with the Scarcella lists to the lawyers who represent three men who had served long prison terms after being wrongfully convicted in one of the detective’s cases.
The 524-page PDF included names, docket numbers, case status and other information that could help identify problematic Scarcella cases, said Ronald Kuby, one of the two lawyers who received it. The lists were created by the Conviction Review Unit in the Brooklyn district attorney’s office, which has spent the past decade reviewing many of Mr. Scarcella’s homicide cases. His overturned cases, some of which left wrongfully convicted people in prison for decades, have cost New York taxpayers more than $100 million in settlements and claims.
Mr. Scarcella, who retired in 1999, has not been charged with any crimes despite official findings of bad practices, and he has insisted he did nothing wrong. He gave his fullest public accounting yet in a new podcast called The Burden, in which he insisted he was simply one of many cogs in a system ratcheted up to rein in rampant crime during a time when murder rates were several times higher than they are today.
Mr. Kuby and David Shanies, the other lawyer who received the file, are contesting a motion prosecutors filed last month asking a judge to order the file to be returned. They declined requests to share the file’s contents for this article, citing an agreement with prosecutors pending the judge’s decision. But their court papers include some case totals and a description of some of the contents of spreadsheets.
A “master list” included 319 cases, and another titled “Any Case Where a Witness or Listed Police Officer was Named Scarcella” had 478 entries.
Oren Yaniv, a spokesman for the Brooklyn district attorney’s office, said some numbers were an overcount. The master list has duplicate entries, and the other includes people named Scarcella who are not the detective, he said.
The actual number of cases involving Mr. Scarcella is 235, which includes the 77 murder trial convictions that the office’s Conviction Review Unit has flagged for review, Mr. Yaniv said. He added that most reviews had been completed and the convictions upheld.
The remaining 158 Scarcella cases are mostly homicides that resulted in acquittals, dismissals and about 90 plea bargains — none of which get automatic conviction reviews by the office, Mr. Yaniv said. Historically, roughly a third of all Brooklyn homicide cases end in plea bargains, he said.
“It is not feasible to initiate and conduct a review of cases that ended with an acquittal, a dismissal or a guilty plea without the defendant’s participation,” Mr. Yaniv said.
But Mr. Kuby said the numbers were still troubling indications that Mr. Scarcella could be involved in other cases that should be reinvestigated and possibly vacated. Innocence groups say more than 10 percent of people who have taken plea bargains were innocent.
“We know substantial numbers of people have been proven to be innocent despite pleading guilty, and it’s usually because of their fear of police perjury,” Mr. Kuby said, adding that even dismissals and acquittals could lead to discoveries that prosecutors and juries saw obvious flaws early on in Mr. Scarcella’s work.
Mr. Yaniv said the district attorney’s office would continue its policy of investigating cases from “any other claim of an unjust conviction, including guilty pleas.”
A lawyer for Mr. Scarcella, Joel S. Cohen, who worked as a prosecutor in Brooklyn during Mr. Scarcella’s career, said there were certain detectives who were known as being “not entirely reliable,” but that “Detective Scarcella was at the other end of the spectrum.”
“He was highly respected and always considered a skilled professional,” Mr. Cohen said, adding that “the unwarranted assault on his reputation over the past 12 years has been a nightmare for him and his family. His reputation is shot. He gets spit on in the street.”
Mr. Kuby and Mr. Shanies wound up with the Scarcella file because they subpoenaed information from Brooklyn prosecutors to include with compensation claims on behalf of their clients: James Irons, Thomas Malik and Vincent Ellerbe, who were wrongfully convicted of burning a subway token clerk alive in 1995 in the notorious “Money Train” case. A judge cleared their convictions in 2022, citing Mr. Scarcella’s shaky and inconsistent detective work.
Prosecutors sent the Scarcella file to the lawyers before realizing that their extensive redactions outlined in red had not been blacked out. Mr. Shanies’s office notified prosecutors that the document contained “unapplied redactions” but declined their request to return it. Prosecutors then filed a motion asking a judge to order that the document be returned.
In court papers, prosecutors said that while the file might offer a “sneak peek” into private material, it was nonetheless an obvious draft document and privileged information that is outside the scope of the lawyers’ subpoena and irrelevant to their case.
Innocence advocates like Derrick Hamilton say they have “worked with whatever we could” to find other people like himself whose convictions involved Mr. Scarcella.
“It’s just a mockery that they haven’t turned over the list and made public every case he ever worked on,” said Mr. Hamilton, whose conviction for a 1991 killing was overturned after a 23-year prison stretch during which he worked with other inmates to fight convictions involving Mr. Scarcella.
He said that while the review unit’s work was laudable, he was skeptical that the unit had identified all wrongful convictions involving Mr. Scarcella.
“I think they’re getting tired of paying out for his cases,” he said, “so the D.A. is very selective what they reveal and what they reverse.”
The city’s Law Department typically provides counsel to police officers named along with the city in civil cases, but it has refused to pay for Mr. Scarcella’s representation in two pending “Money Train” wrongful conviction lawsuits. The Police Department’s detectives’ union has stepped in, calling Mr. Scarcella a good detective who “has been dragged through the mud by agenda-driven lawyers.”
The Conviction Review Unit was one of the first such units in the country and is seen as a model of reform. It often vacates several convictions a year. Since 2014, it has overturned 37 convictions, almost all for murder, more than any other conviction unit in New York City and almost the entire country.
Mr. Scarcella’s cases account for a third of those vacated cases, and judges have overturned another handful of his cases. At least 17 people whose convictions were tied to the detective’s work have had their convictions overturned after serving a total of more than 250 years in prison, according to the National Exonerations Registry."
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
—————————————————————————————————
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
————————————————————————————
YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.
STORY: Prosecutors’ Error Exposes Potential Scope of Disgraced Detective’s Harm," by Reporter Kilgannon, published by The New York Times, on April 15, 2024; (Corey Kilgannon is a Times reporter who writes about crime and criminal justice in and around New York City, as well as breaking news and other feature stories.)
SUB-HEADING: "The Brooklyn district attorney’s office didn’t mean to send opposing lawyers an unredacted file about Louis Scarcella, a former N.Y.P.D. detective whose overturned cases have cost New York millions."
PHOTO CAPTION: Defense lawyers wound up with a file of hundreds of cases involving the former detective Louis Scarcella.Credit...Anthony Lanzilote for The New York Times
GIST: "In court papers they are called the “Scarcella Lists” — compilations of cases involving a retired New York City homicide detective whose problematic work on homicides in the 1980s and 1990s was cited in numerous wrongful convictions that have cost the city and state millions.
For years, prosecutors did not disclose the broad scope of cases that the detective, Louis Scarcella, may have tainted, despite interest from lawyers and exoneration advocates.
But thanks to a simple computer slip-up, the door recently cracked open to reveal details of dozens of homicide cases that were not scrutinized amid a decadelong re-evaluation of Mr. Scarcella’s cases that led to convictions.
In January, prosecutors mistakenly sent a large, unredacted computer file with the Scarcella lists to the lawyers who represent three men who had served long prison terms after being wrongfully convicted in one of the detective’s cases.
The 524-page PDF included names, docket numbers, case status and other information that could help identify problematic Scarcella cases, said Ronald Kuby, one of the two lawyers who received it. The lists were created by the Conviction Review Unit in the Brooklyn district attorney’s office, which has spent the past decade reviewing many of Mr. Scarcella’s homicide cases. His overturned cases, some of which left wrongfully convicted people in prison for decades, have cost New York taxpayers more than $100 million in settlements and claims.
Mr. Scarcella, who retired in 1999, has not been charged with any crimes despite official findings of bad practices, and he has insisted he did nothing wrong. He gave his fullest public accounting yet in a new podcast called The Burden, in which he insisted he was simply one of many cogs in a system ratcheted up to rein in rampant crime during a time when murder rates were several times higher than they are today.
Mr. Kuby and David Shanies, the other lawyer who received the file, are contesting a motion prosecutors filed last month asking a judge to order the file to be returned. They declined requests to share the file’s contents for this article, citing an agreement with prosecutors pending the judge’s decision. But their court papers include some case totals and a description of some of the contents of spreadsheets.
A “master list” included 319 cases, and another titled “Any Case Where a Witness or Listed Police Officer was Named Scarcella” had 478 entries.
Oren Yaniv, a spokesman for the Brooklyn district attorney’s office, said some numbers were an overcount. The master list has duplicate entries, and the other includes people named Scarcella who are not the detective, he said.
The actual number of cases involving Mr. Scarcella is 235, which includes the 77 murder trial convictions that the office’s Conviction Review Unit has flagged for review, Mr. Yaniv said. He added that most reviews had been completed and the convictions upheld.
The remaining 158 Scarcella cases are mostly homicides that resulted in acquittals, dismissals and about 90 plea bargains — none of which get automatic conviction reviews by the office, Mr. Yaniv said. Historically, roughly a third of all Brooklyn homicide cases end in plea bargains, he said.
“It is not feasible to initiate and conduct a review of cases that ended with an acquittal, a dismissal or a guilty plea without the defendant’s participation,” Mr. Yaniv said.
But Mr. Kuby said the numbers were still troubling indications that Mr. Scarcella could be involved in other cases that should be reinvestigated and possibly vacated. Innocence groups say more than 10 percent of people who have taken plea bargains were innocent.
“We know substantial numbers of people have been proven to be innocent despite pleading guilty, and it’s usually because of their fear of police perjury,” Mr. Kuby said, adding that even dismissals and acquittals could lead to discoveries that prosecutors and juries saw obvious flaws early on in Mr. Scarcella’s work.
Mr. Yaniv said the district attorney’s office would continue its policy of investigating cases from “any other claim of an unjust conviction, including guilty pleas.”
A lawyer for Mr. Scarcella, Joel S. Cohen, who worked as a prosecutor in Brooklyn during Mr. Scarcella’s career, said there were certain detectives who were known as being “not entirely reliable,” but that “Detective Scarcella was at the other end of the spectrum.”
“He was highly respected and always considered a skilled professional,” Mr. Cohen said, adding that “the unwarranted assault on his reputation over the past 12 years has been a nightmare for him and his family. His reputation is shot. He gets spit on in the street.”
Mr. Kuby and Mr. Shanies wound up with the Scarcella file because they subpoenaed information from Brooklyn prosecutors to include with compensation claims on behalf of their clients: James Irons, Thomas Malik and Vincent Ellerbe, who were wrongfully convicted of burning a subway token clerk alive in 1995 in the notorious “Money Train” case. A judge cleared their convictions in 2022, citing Mr. Scarcella’s shaky and inconsistent detective work.
Prosecutors sent the Scarcella file to the lawyers before realizing that their extensive redactions outlined in red had not been blacked out. Mr. Shanies’s office notified prosecutors that the document contained “unapplied redactions” but declined their request to return it. Prosecutors then filed a motion asking a judge to order that the document be returned.
In court papers, prosecutors said that while the file might offer a “sneak peek” into private material, it was nonetheless an obvious draft document and privileged information that is outside the scope of the lawyers’ subpoena and irrelevant to their case.
Innocence advocates like Derrick Hamilton say they have “worked with whatever we could” to find other people like himself whose convictions involved Mr. Scarcella.
“It’s just a mockery that they haven’t turned over the list and made public every case he ever worked on,” said Mr. Hamilton, whose conviction for a 1991 killing was overturned after a 23-year prison stretch during which he worked with other inmates to fight convictions involving Mr. Scarcella.
He said that while the review unit’s work was laudable, he was skeptical that the unit had identified all wrongful convictions involving Mr. Scarcella.
“I think they’re getting tired of paying out for his cases,” he said, “so the D.A. is very selective what they reveal and what they reverse.”
The city’s Law Department typically provides counsel to police officers named along with the city in civil cases, but it has refused to pay for Mr. Scarcella’s representation in two pending “Money Train” wrongful conviction lawsuits. The Police Department’s detectives’ union has stepped in, calling Mr. Scarcella a good detective who “has been dragged through the mud by agenda-driven lawyers.”
The Conviction Review Unit was one of the first such units in the country and is seen as a model of reform. It often vacates several convictions a year. Since 2014, it has overturned 37 convictions, almost all for murder, more than any other conviction unit in New York City and almost the entire country.
Mr. Scarcella’s cases account for a third of those vacated cases, and judges have overturned another handful of his cases. At least 17 people whose convictions were tied to the detective’s work have had their convictions overturned after serving a total of more than 250 years in prison, according to the National Exonerations Registry."
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
—————————————————————————————————
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
————————————————————————————
YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.
Two Blogs Now: The Charles Smith Blog; The Selfless Warriors Blog: I created the Charles Smith Blog in 2007 after I retired from The Toronto Star to permit me to keep digging into the story of the flawed pathologist and the harm he had done to so many innocent parents and caregivers, and to Ontario’s criminal justice system. Since then it has taken new directions, including examinations of other flawed pathologists, flawed pathology, and flawed science and technology which has marred the quality of justice in courtrooms around the world. The heart of the Blog is my approach to following cases which raise issues in all of these areas - especially those involving the death penalty. I have dedicated 'The Selfless Warrior Blog’ (soon to appear) to those exceptional individuals who have been ripped out of their ordinary lives by their inability to stand by in the face of a glaring miscarriage of justice. They are my ’Selfless Warriors.’ Enjoy!
