The greatest thing anyone can ever be is kind. One act of kindness can literally make a persons life, whereas another can literally destroy it!
You can make a difference no matter how old you are.
Yes, you can! If you know who to ask...
All it takes is for one person to support an ideal, it can also just take one to destroy...
In my teen’s, I studied acting at a prestigious Beverly Hills school that put me at social events with Sugar Ray Leonard (whom I still talk to done 20+ years later..) and sat at a bar with Denzel Washington, and even attended a breakfast at the Costner’s. I went from several under 5 tv shows, to being featured, to eventually speaking- acting along side Leah Remini, Alyssa Milano, and Halle Berry. I also broached into film- a Tom Cruise/Rob Reiner film.
But, I realized I didn’t want to be center stage, nor did I want fame... and although I loved the craft, I believe acting was a necessary evil to do the most good... I wanted to speak about the many ills facing our kids, and needed the most vulnerable to hear- what better way than as an actor?
So, I joined several children’s organizations, and like Meghan I too wrote letters..
Sam Neil sent me a personalized letter of support...
Andy Garcia called me on the phone to discuss...
Annie Lennox sent me a lovely note of encouragement, as did Oprah Winfrey, Barbra Streisand, Barbara Sinatra, president Bill Clinton, Rosie O’Donnell, Madonna, and even Michael Jackson to name a few!
Although, I was just a kid, these phone calls, and letters kept me disciplined and dedicated to then become a Sandy Hook first responder of trauma/PTSD support and it afforded my organization to build a CenTer in CT to honor the 26 lives taken, support the bereaved left behind, and help encourage gun reform as we did...
There was one hero who diffused us all, therefore forcing us to be late to our very own party. But, again we had truer heroes keeping us on point.
Jake Gyllenhaal, Hugh Jackman, and Julianne Moore...
The greatest thing anyone can ever be is kind. One act of kindness can literally make a persons life, whereas another can literally destroy it!
UN WOMEN 2015
“I want to tell you a story that’ll sort of give context to my being here and my work with UN Women. When I was just eleven years old, I unknowingly and somehow accidentally became a female advocate. It was around the same time as the Beijing conference, so a little over twenty years ago, where in my hometown of Los Angeles a pivotal moment reshaped my notion of what is possible. See I had been in school watching a TV show in elementary school and, um, this commercial came on with the tag line for this dish washing liquid and the tag line said, ‘Women all over America are fighting greasy pots and pans’. Two boys from my class said, ‘Yeah, that’s where women belong, in the kitchen’. I remember feeling shocked and angry and also just feeling so hurt; it just wasn’t right, and something needed to be done. So I went home and told my dad what had happened, and he encouraged me to write letters, so I did, to the most powerful people I could think of.
“Now my eleven year old self worked out that if I really wanted someone to hear me, well then I should write a letter to the First Lady. So off I went, scribbling away to our First Lady at the time, Hillary Clinton. I also put pen to paper and I wrote a letter to my news source at the time, Linda Ellerbee, who hosted a kids news program, and then to powerhouse attorney Gloria Allred, because even at eleven I wanted to cover all my bases. Finally I wrote to the soap manufacturer. And a few weeks went by and to my surprise I received letters of encouragement from Hillary Clinton, from Linda Ellerbee, and from Gloria Allred. It was amazing. The kids news show, they sent a camera crew to my home to cover the story, and it was roughly a month later when the soap manufacturer, Proctor & Gamble, changed the commercial for their ivory clear dish washing liquid. They changed it from ‘Women all over America are fighting greasy pots and pans’ to ‘People all over America’. It was at that moment that I realized the magnitude of my actions. At the age of eleven I had created my small level of impact by standing up for equality.
Decided on April 17, 2018 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT PRESENT: Ling-Cohan, J.P., Cooper, Edmead, JJ. 570473/16 The People of the State of New York, Respondent, againstJohn Rinaldi, Defendant-Appellant.
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Ling-Cohan, J.P., Cooper, Edmead, JJ.
Justice Doris Ling-Cohan
Justice Matthew Cooper
Justice Carol Edmead
Sandy Hook was and always will be "a legitimate purpose."
Julianne Moore thought so, and pledged her support just a day after Sandy Hook.
Ricky Martin thought so, and kissed me.
Sarah Jessica Parker was asked to do a PSA for ABC's The View.
THEREFORE there couldn't possibly be any
BRENT Ferguson commits fraud of the courts
People v Rinaldi (John) Annotate this Case
[*1] People v Rinaldi (John) 2018 NY Slip Op 50562(U) Decided on April 17, 2018 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on April 17, 2018
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Ling-Cohan, J.P., Cooper, Edmead, JJ.
The People of the State of New York, Respondent,
John Rinaldi, Defendant-Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Kevin B. McGrath, J.), rendered June 17, 2016, after a nonjury trial, convicting him of stalking in the fourth degree (two counts), harassment in the first degree, and harassment in the second degree, and imposing sentence.
Judgment of conviction (Kevin B. McGrath, J.), rendered June 17, 2016, affirmed.
The verdict convicting defendant of two counts of fourth degree stalking (see Penal Law § 120.45,) was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 ). There is no basis for disturbing the court's determinations concerning credibility. Ample evidence supported the conclusion that defendant engaged in a course of conduct from November 2013 through May 2015 that was reasonably likely to cause reasonable fear of material harm to the physical health or safety of the complainant, actress Brooke Shields (see People v Polanco, 57 Misc 3d 140[A], 2017 NY Slip Op 51348[U] [App Term, 1st Dept 2017]).
Contrary to defendant's contention, the "reasonable fear" and "no legitimate purpose" elements of the offense were established by the testimony of the complainant and additional eye-witnesses, who testified that defendant repeatedly appeared at and lingered around Shields' home; followed her when she left her house; ignored numerous warnings by family, security and the police to stop contacting her; parked near her home for days at a time and slept in his car; and sent her unwanted communications, including a letter with a shirtless photograph of himself and an email to her publicist in which defendant referenced an actress that had been murdered by a stalker. The court could rationally infer that defendant's conduct was designed to hound, frighten, intimidate and threaten (see People v Stuart, 100 NY2d 412, 428 ).
There was also a valid line of reasoning and permissible inferences from which the court could have determined that defendant's guilt of harassment in the first degree (Penal Law § [*2]240.25) and harassment in the second degree (Penal Law § 240.26) was proven beyond a reasonable doubt (see People v Danielson, 9 NY3d at 349).
Defendant's remaining arguments, to the extent preserved for appellate review, have been considered and found to be unpersuasive.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: April 17, 2018
My name is Melissa Howard and I operate stopsuicide.info, which supports my mission to end suicide.
As part of that mission, I'm writing articles (and a book!) on emotional wellness - in particular some of the warning signs that indicate it's time to seek help.
May I send you an emotional wellness article for your blog? I’m hoping my writing can guide others to feeling "well enough” and to understand when they need to ask for help.
Thank you for your consideration - your site looks great and I’d love the opportunity to write something for you!
Head of Prevention Outreach
But first, may I ask you a question. Last week Mark Salling, Puck from Fox TV’s Gkee, took his life. It’s understandable given the severity of his mental incapacity given his offensive predilections. However, I believe all deviants- be it pedophilia, rapists, abusers/harassers, and stalkers are all predators. Their mere being is a mortal imposition, and sadly death would be most welcomed. To harm another, be it mentally or physically defies any logic of freedom.
Having been falsely accused simply for a means of policing, the accused (wrongful accused) will always be a predator.
Why then go on??
Trauma, PTSD and the like change our chemical construct and we become engorged by cortisol. As a result, we are compelled to actually be kind and act kind to level it out.
Sadly, Brooke Shields is my Harvey. Well, actually ADA Angelica Gregory was the Suborning Perjurer, and Brooke was simply complicit.
“When you ask the police to not cause harm, nor for charges to be filed..”. There is hardly a platform of harassment let alone stalking. And to suggest an attempt to stop gun violence as anything less than an act of kindness, you must then look at the world in which you’ve created.
I am a Sandy Hook 1st Responder Who’s Hallmark sponsored event in Newtown on its 1st Anniversary was my completed objective. To win a faulty conviction, that invite was presented to the court as a ruse to attract and target Ms. Shields’ Children.
Simply put, if you say children are being targeted of any kind, you do not want to plea for a slap on the wrist. You cut their balls off and send them to the darkest hole!
Unless you’re a questionable prosecutor who has no conscious.
As far as the human condition decline.. Anxiety manifests itself into rapidly beating hearts, and heightened alerts.. resulting in a constant dreamlike escape of suicide to simply make it all end.
However, I believe one person can help heal what another has destroyed.
Manhattan District Attorney Anjelica Gregory Suborn Perjury to WIN Brooke Shields ‘Bad’ Case Against Sandy Hook First Responder.
When you release Websites, Blogs, + Social Media, YOU KNOW THE TRUTH/ Intent.
Subornation of perjury
In American law and in Scots law the subornation of perjury is the crime of persuading a person to commit perjury, the swearing of a false oath to tell the truth in a legal proceeding, whether spoken or written. The term further describes the circumstance wherein an attorney at law causes a client to lie under oath or allows another party to lie under oath.
In American federal law, Title 18 U.S.C. § 1622 provides:
Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.
In California law, per the State bar Code, the subornation of perjury constitutes an act of "moral turpitude" on the part of the attorney, and thus is cause for his or her disbarment, or for the suspension of his or her license to practice law.
In legal practice, the condition of suborning perjury applies to a lawyer who presents either testimony or an affidavit, or both, either to a judge or to a jury, which the attorney knows to be materially false, and not factual. In civil lawand in criminal law, the attorney’s knowledge that the testimony is materially false must rise above mere suspicion to what an attorney would reasonably have believed in the circumstances of the matter discussed in the testimony. Hence, the attorney cannot be wilfully blind to the fact that his or her witness is giving false, perjurious testimony.
Moreover, an attorney who actively encourages a witness to give false testimony is suborning perjury, which is a crime punished either with formal disciplinary action, disbarment, or jail, or a combination thereof. Likewise, a false statement by an attorney in court also is a crime similar to subornation of perjury, and is punished accordingly. Hence, in the professional conduct of an attorney at law, there is a fine delineation between assisting a witness to recall occurred events and encouraging him or her to give materially false testimony. The practice of ″horse shedding the witness″ (rehearsing testimony) is an example of such perjurious criminal conduct by an attorney, which is depicted in the true-crime novel (1958), by Robert Traver, and in the eponymous film (Otto Preminger, 1959), about a rape-and-murder case wherein are explored the ethical and legal problems inherent to the subornation of perjury.
#Philanthropy #ChildProtection #STOPGunSchoolViolence
Those that have been hurt the most, have the most to give.
To start this with such wording could very much lend itself to self pity. However, it’s anything but. The abused changes both physically, and emotionally. Understanding this makes me also aware of the altered chemical construct of the amount of cortisol internally of said abused. So, in itself having the most to give, suggests it’s also a chemical need to give.
We are not in the by business of self service, but service.
We are a grass roots effort dedicated to the betterment of others. Although a legal enterprise, we are not in the business to earn a living through efforts we believe should be immediate- meaning, Non- Profit should be volunteer. Hence the impropriety of the New York District Attorney #CyVance, who when learned of us thought us to be illegitimately. Our opposition was based on the soul saying of a reckless starlet who, by definition is a sociopath. After all, our Harvard School of Mental Health board member, and legal advisors were the first to suggest her defect, and supported it by a 1 in 25 person affliction. We must also state that we were encouraged by everyone else approached.
After all, why would such an individual pledge one’s entire life to service? There must be another reason than good!
No, Ms. Angelica Gregory, some people are just good.
That said, we are a group of individuals who choose to redefine the non profit sector by imposing a 3% fee for over-head. Which means, that everyone who assists us in championing for children dies so out of the goodness of their heart, and whom recognizes the need of people doing their part. No one receives a salary and this assured that funding will always go where it’s attended.
We are not comprised of PAC’s, begging for a dollar here and a dollar there to fight against another begged for dollar. Personally, I find it irresponsible to make legislators wealthier from the backs of the people... We seek a novel approach of being more direct- sending a message to the one needing to hear.
We are a media consort that eliminates the middle man.
Our mission is to create film, documentary, PSA, and to lecture.
To pay for this we rely on good old fashioned hard work, and enterprise.
We understand financial responsibility and with the combination of family money, inheritance, hard work, and empathy we have never imposed upon another nor have asked anything of anyone.
Sr. Account Manager consecutively of two of the largest banks in N. America, only to then seek a senior management position at a third.
SU was Having had success, I was able to then devote my entire self to my philanthropic endeavors post September 11.
As a boy, my world had been shattered- rather than letting a hardship define me, I chose to define it. This led me to create Kathy Rinaldi Hope. An abuse awareness vehicle that not only works to stop the many abuses, educates, and looks to the future health of our young.
But, post 911, the world had been shattered for all of us. And knowing first hand such devastation, I could not just stand by and not give my all.
In the recent tragedy of Sandy Hook in Newtown, CT we once again lend a hand. Having violently lost two siblings our hearts break for not only these 26 families, but the world throughout knowing the fear such a devastation would create. Innocence may have been its victim, but building strong and standing tall, innocence will then become the victor.
Current responsibilities include the privately built/funded Sandy Hook CenTer to honor and to pay tribute to those lives lost from this horrific tragedy. In the wake of the first year anniversary and to comply with Newtown's wishes, we're currently targeting ways to pay tribute within our own communities and on a delusional level-nationally.
When I'm not out saving the world from the many villains, or help establish the drug efficacy, you can find me raising both a toddler and newborn.
This world is a tough place and we should all do our part. I've seen the worst in life, so I tend to do more than most. And trying to stay humble, doing what I do helps keep me grounded to hopefully provide a good example to the children I have the privilege to be a part of.
The Innocence Deniers
When convictions are clearly wrong, these prosecutors don’t just hinder justice—they actively work against it.
January 10 2018 4:30 PM
Davontae Sanford was 14 years old when he confessed to murdering four people in a drug house on Detroit’s East Side. Left alone with detectives in a late-night interrogation, Sanford says he broke down after being told he could go home if he gave them “something.” On the advice of a lawyer whose license was later suspended for misconduct, Sanders pleaded guilty in the middle of his March 2008 trial and received a sentence of 39 to 92 years in prison.
Sixteen days after Sanford was sentenced, a hit man named Vincent Smothers told the police he had carried out 12 contract killings, including the four Sanford had pleaded guilty to committing. Smothers explained that he’d worked with an accomplice, Ernest Davis, and he provided a wealth of corroborating details to back up his account. Smothers told police where they could find one of the weapons used in the murders; the gun was recovered and ballistics matched it to the crime scene. He also told the police he had used a different gun in several of the other murders, which ballistics tests confirmed. Once Smothers’ confession was corroborated, it was clear Sanford was innocent. Smothers made this point explicitly in an 2015 affidavit, emphasizing that Sanford hadn’t been involved in the crimes “in any way.”
But Smothers and Davis were never charged. Neither was Leroy Payne, the man Smothers alleged had paid him to commit the murders. (Through his attorney, Payne has denied any involvement.) Instead, Smothers pleaded guilty to the other eight killings. Davis, who was never prosecuted, was convicted of an unrelated felony in 2013 and could be released from prison as early as July. Payne, who remains a free man, left Detroit in 2016. His whereabouts are unknown.
Davontae Sanford, meanwhile, remained behind bars, locked up for crimes he very clearly didn’t commit.
Police failed to turn over all the relevant information in Smothers’ confession to Sanford’s legal team, as the law required them to do. When that information was leaked in 2009, Sanford’s attorneys sought to reverse his conviction on the basis of actual innocence. Wayne County Prosecutor Kym Worthy fought back, opposing the motion all the way to the Michigan Supreme Court. In 2014, the court sided with Worthy, ruling that actual innocence was not a valid reason to withdraw a guilty plea. Sanford would remain in prison for another two years.
In an adversarial legal system, it’s natural to presume that prosecutors and defense attorneys are driven by the same goal: to win. They aren’t. In Berger v. United States, decided in 1935, the Supreme Court famously declared that the prosecution’s ultimate goal “is not that it shall win a case, but that justice shall be done.” A prosecutor, the court wrote, “is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer.”
Embracing this “twofold aim” is at the core of a prosecutor’s work. The government brings cases it believes are supported by proof beyond a reasonable doubt. A victory at trial proves them right. But if new evidence is uncovered showing the conviction was error-ridden to the point of unreliability, the imperative that “justice shall be done” requires prosecutors to admit they were wrong. This responsibility exists even if a defendant may be guilty—if, for example, crucial evidence was obtained by illegal means. The moral imperative underpinning this precept, though, is brought into sharpest relief when it appears the defendant is actually innocent.
Many prosecutors accept this responsibility and, when proven wrong, ask the judge to dismiss a case or settle by way of a plea bargain. But too many do not. Indeed, there is a class of prosecutors that might fairly be called innocence deniers.
These prosecutors do not “do justice” as the Supreme Court defines it. Instead, they delay justice and in some cases actively work against it. When a prisoner is exonerated by a lower court, these prosecutors double and triple down, filing appeal after appeal. Or they indict and prosecute the exoneree all over again, sometimes under a wildly different theory at the expense of time and resources that should be used to pursue the crime’s actual perpetrator. They may also threaten endless legal challenges to wring “no contest” pleas from innocent prisoners in exchange for time-served sentences. The prisoners, desperate to be free, accept these Faustian bargains, which brand them convicts for life and allow prosecutors to proclaim their guilt and the state to deny them compensation. Some prosecutors are so committed to adhering to the original mistake that they fail to prosecute the actual perpetrators, even when there is evidence to convict them.
Innocence deniers are a diverse group: male and female, young and old, white and people of color. They are Democrats and Republicans from red, blue, and purple states. What they have in common is their insistence—in the face of all evidence to the contrary—that wrongfully convicted people are in fact guilty.
Simply opposing an exoneration effort does not make a prosecutor an innocence denier. Some exoneration claims are bogus and others are murky, requiring rigorous legal testing to be proven conclusively. Increasingly, conscientious prosecutors are working collaboratively with defense attorneys to reinvestigate innocence claims, keeping an open mind and doing the right thing in the end. Innocence-denying prosecutors are different. The cases collected here are extreme, either because the prosecutor in question has a pattern of reflexively denying innocence or because, even in a single case, the evidence of innocence is so manifest as to make the fight against it profoundly misguided.
In the past quarter-century, the work of dogged attorneys and advances in forensic science have exonerated more than 2,150 men and women, 161 of those from death row. The Innocence Project, a New York–based nonprofit founded by Barry Scheck and Peter Neufeld in 1992, has freed more than 200 people and spurred the creation of numerous smaller organizations around the country devoted to the same mission. (From 2012–2015, I was the director of the Loyola Law School Project for the Innocent in Los Angeles.) By some estimates there are tens of thousands more wrongfully convicted prisoners languishing behind bars. Nevertheless, some prosecutors—the most powerful actors in the criminal justice system—refuse to correct life-altering errors. (You can read more about 17 such cases here.) If we are committed to fostering a justice system that is truly just, it is imperative to call out these innocence deniers and hold them to account.
Kym Worthy, a Democrat and the first black woman or man to serve as Wayne County’s lead prosecutor, first took office in 2004 and coasted to re-election for a fourth term in November 2016. The former circuit court judge has a national reputation as a trailblazing progressive—last April, Essence named her to its “Woke 100 List” to honor her efforts “to achieve equality for people of color.” Worthy’s office, however, has repeatedly refused to admit error in cases like Davontae Sanford’s, where there is compelling evidence of actual innocence.
The Michigan Supreme Court’s adverse ruling in 2014 wasn’t the end of the line for Sanford. The court ruled against him on technical grounds and noted that there was nothing to prevent his legal team from filing a post-conviction motion for relief from the judgment, rather than making a direct challenge to his guilty plea. In 2015, attorneys for Sanford, who is black, did just that, and the Michigan State Police began to re-investigate the case. One year later, the police issued a 117-page report detailing compelling evidence that Smothers and Davis were guilty; that Sanford was innocent; and that Detroit’s then deputy police chief, James Tolbert, had lied to convict Sanford. It was at that point, nine yearsinto Sanford’s incarceration, that Worthy finally agreed to his release—but only on account of Tolbert’s misconduct. She continues to insist that Sanford is guilty, pointing to his discredited confession. The state police recommended bringing perjury charges against Tolbert and murder charges against Smothers and Davis. Worthy declined in all three cases.
In July 2017 Sanford filed a civil suit under Michigan’s Wrongful Imprisonment Compensation Act, and only four months later the state attorney general conceded that Sanford was innocent, had been wrongfully convicted, and was entitled to compensation, but noted that Worthy’s office “has been consulted and disagrees.” Julie Hurwitz, one of the attorneys who represents Sanford, told me she was “surprised” that the state acquiesced so readily but that given the crush of media attention the case has received, “the attorney general’s office probably knew that fighting this would be a political bombshell.” On Dec. 21, a judge awarded Sanford $408,356.16.
In reference to her office’s handling of Sanford’s case, Worthy has said, “I don’t know what we could have done differently.”
David Moran, director of the Michigan Innocence Clinic, has tangled with Worthy in a half-dozen cases in which he says her office has fought his efforts to free clients. Moran, who helped lead the fight to exonerate Sanford alongside the Center on Wrongful Convictions of Youth at the Northwestern Pritzker School of Law, also battled the Wayne County prosecutor in the case of Lamarr Monson, who was convicted in the 1996 murder of a 12-year-old girl and sentenced to 30 to 50 years in prison. Monson, who like Sanford is black, claimed he’d been tricked into signing a false confession stating that he’d stabbed the victim to death.
Nearly 20 years after the murder in question, Moran and his students examined the object that the medical examiner had identified as the likely murder weapon: a ceramic toilet lid used to bludgeon the victim over the head. The lid was covered with bloody fingerprints, which had never been tested. The Michigan State Police found that all the fingerprints matched a man named Robert Lewis, who was living in the same building as the victim at the time of the murder.
During a four-month-long evidentiary hearing in late 2016, the Michigan Innocence Clinic presented the fingerprint evidence and called Lewis’ then live-in girlfriend Shellena Bentley as a witness. Bentley testified that Lewis came back to her apartment on the night of the murder “frantic” with “blood on him; it was dripping off his fingernails.” David McCreedy, the assistant prosecutor assigned by Worthy to fight the case, didn’t find this account convincing. He explained that Lewis might have wandered by the apartment while the building manager was on the phone with 911, then moved the toilet tank out of the way to help the paramedics. Moran told me that he responded: “There might be 12 gullible citizens that would buy that, but that’s why we need a new trial: to see if the state can find them.”
The judge granted Monson a new trial; he was subsequently released on bond. Worthy, who agreed to be interviewed about Monson’s case—she declined to comment on Devontae Sanford’s, citing ongoing litigation—told me her office sought to delay the retrial so it could conduct an additional investigation. Two homicide investigators were dispatched to interview Lewis, who denied committing the murder. “His statements were consistent with the evidence that was available in the case,” Worthy says, despite Lewis’ fingerprints being all over the bloody toilet lid, including around the edges, Moran says, suggesting that he gripped it. (Worthy’s deputies do not concede that the toilet tank was the murder weapon; one told me that the victim’s “head could have been slammed against the back of the bathtub,” causing the fatal injury.)
In August, a few weeks before Monson’s retrial, the prosecution dismissed the case. In a public statement, Worthy said Monson had lived with the 12-year-old victim, that he’d had sex with her, and that he’d demanded that she sell drugs for him. The decision to drop the charges against Monson, Worthy said, was not due to a belief in his innocence, but instead due to “the destruction of evidence and the possible coercive conduct of the then-homicide inspector in obtaining statements from the defendant.” Her office, she said, would not be charging Robert Lewis with the murder. Lewis is still free.
Moran says Worthy’s charge that Monson had sex with the 12-year-old victim is “false and disturbing,” adding that “it is unethical for a prosecutor, upon dismissing charges against a defendant, to then publicly defame that defendant.” His client, he says, emphatically denies that any sexual contact occurred. Asked to respond, Worthy cited Monson’s statements to the police—the same statements she has admitted were possibly coerced in a manner that “supports Monson’s defense of a false confession.”
Worthy did tell me, however, that her office is in the process of launching a standalone unit to review possible wrongful convictions. That group will be headed up by Valerie Newman, a longtime attorney at the Michigan State Appellate Defender Office, which represented Sanford before the Michigan Innocence Clinic took over his case. Worthy says that project has been in the works for some time, but became possible only after she obtained funding from the Wayne County Commission.
Moran reacted to the news with cautious optimism, saying, “I hope that the Wayne County Prosecutor’s Office is changing its attitude and will seriously consider these cases.” He has cases lined up to present to the unit as soon as it opens for business.
In June 2016, the California Innocence Project filed a vindictive prosecution motion, arguing that the retrial of William Richards was “unconscionable.” A month earlier, the California Supreme Court had ruled unanimously that Richards’ conviction for the 1993 murder of his wife Pamela Richards should be overturned, as it had been based on false evidence. Shortly thereafter, San Bernardino County District Attorney Michael Ramos announced his office would prosecute Richards for a fifth time. “There was no way that they had any legitimate purpose in prosecuting him,” says Jan Stiglitz, co-director of the California Innocence Project. “They would have to be deluded to believe he was still guilty.”
Ramos is a prosecutor with a national profile. A Southern California Republican, he is the board chairman of the National District Attorneys Association, a powerful group of more than 4,000 prosecutors that meets regularly with the Department of Justice to offer its views on criminal justice policy. The son of Mexican immigrants, he is the first Hispanic district attorney for San Bernardino County, a jurisdiction with a population of more than 2 million people. First elected in 2002, Ramos is now campaigning for his fifth term. For the majority of his 15 years in office, he has fought the release of a man who was demonstrably innocent. Ramos isn’t known for serially denying innocence claims. The case of William Richards, however, is a shocking example of how prosecutors can pursue a single individual with no regard for logic or reason.
Pamela Richards was murdered in gruesome fashion. Although she was killed by manual strangulation, she’d also been horribly beaten. Pieces of her skull were lying beside her body, and a paving stone and cinder block found nearby were covered with blood and matted hair. Police immediately focused their suspicion on her husband. The couple was having financial problems, and Pamela, who was having an affair, had announced she was leaving him.
Nevertheless, the evidence against William Richards was weak. He had no criminal record and no history of violence. The night of the murder, he clocked out from work at 11:03 p.m., then drove 45 miles to get home. Even assuming he exceeded the speed limit by 20 miles per hour, police estimated Richards couldn’t have arrived home before 11:47 p.m. That would’ve given him 11 minutes to brutalize his wife before he called 911 at 11:58 p.m. to report she was dead.
Richards, who is white, was indicted under Ramos’ predecessor, Dennis Stout, and tried four times by a prosecutor named Michael Risley. Two juries were unable to reach a verdict, and the judge in the third case declared a mistrial. At the fourth trial, Risley introduced new expert testimony: A dentist, Norman Sperber, told the jury a bite mark photographed on Pamela’s arm was consistent with William’s teeth, and that the bite mark was so unusual as to be found in just 1 to 2 percent of the population. William Richards was sentenced to life in prison in 1997.
In 2003, Stiglitz and Justin Brooks, the co-founders of the California Innocence Project, filed a motion for DNA testing on the paving stone and cinder block found near Pamela’s body. They also sought DNA testing on a hair found underneath her nails. When the results finally came back in 2007, they excluded William. A year later, the dentist recanted his testimony, stating he had “no degree of certainty” about his earlier conclusion and adding that, with regard to William, “I have essentially ruled him out.” In 2009, a trial judge overturned William Richards’ conviction, finding that “the entire prosecution case has been undermined” with evidence that “points unerringly to innocence.” Ramos appealed the judge’s order. Another six years of legal dueling followed before the state’s highest court agreed that William Richards’ conviction should be thrown out.
Stiglitz was shocked when he learned in 2016 that Ramos intended to prosecute Richards for a fifth time. The DNA pointed to someone else, the recanted bite-mark testimony had been tossed, the timeline made no sense, and there was no other evidence. But a trial date had been set, and Ramos’ office opposed Richards’ release—he had been transferred to jail from state prison while he awaited trial—demanding a $100,000 bond. The judge declined, instead letting Richards out on his own signature.
Eight days after Stiglitz and his colleagues filed their vindictive prosecution motion, Ramos’ office finally dismissed the murder charge while maintaining that no final decision had been made. Ramos’ spokesperson, Christopher Lee, wrote in an email to the Intercept that more time was needed to look at “the defense’s new evidence.” The case has never been refiled.
Richards now lives with a former California Innocence Project attorney and her family. He developed prostate cancer while in custody that went untreated and, his lawyers say, is now incurable. Richards has filed a civil right lawsuit against the County of San Bernardino and six sheriff’s deputies, seeking unspecified damages for actions that were done “deliberately, purposefully, knowingly and/or with deliberate indifference to, or reckless disregard” for the truth. Trial is set for October 2018. The San Bernardino district attorney’s office declined to make Ramos or Risley available for comment, citing Richards’ ongoing lawsuit.
Leon Cannizzaro has been known to fight exoneration cases for years until every appellate option has been exhausted. Local prosecutors have tremendous power, and the district attorney for Louisiana’s Orleans Parish uses every tool in his arsenal to reject the innocence of exonerees, and to threaten the freedom and professional reputations of those fighting on behalf of those who say they were wrongfully convicted. Cannizzaro’s office has gone after defendants’ lawyers and investigators in court by accusing them of committing crimes to help their clients, and the office has discouraged witnesses from helping to exonerate wrongly convicted people, charging them with perjury when they recant false trial testimony. It’s not just the wrongly convicted who suffer under this regime: By spending resources rejecting exonerations instead of searching for the real perpetrators, Cannizzaro has prevented victims from getting the justice they deserve.
Consider the case of Jerome Morgan, who was 18 when he was convicted of the 1993 shooting death of a fellow teenager. The victim, Clarence Landry III, died after shots were fired at a Sweet 16 party in a hotel ballroom. Hakim Shabazz and another teenager were wounded, but survived. The gunman immediately fled the scene; he was chased unsuccessfully by Landry’s best friend, Kevin Johnson. (Morgan, Landry, and the witnesses are all black.)
Johnson ruled out Morgan when he was shown a photo array just days after the crime. Three months later, Shabazz identified Morgan as the shooter, and four months after that Landry’s mother brought Johnson back to the police station. At that point, Johnson changed his story and identified Morgan as the gunman. Based on these two identifications, Morgan was convicted of second-degree murder. In 1994, a judge sentenced Morgan “to serve his natural life at hard labor in the Department of Corrections.”
In 2013, after Shabazz and Johnson recanted their identifications of Jerome Morgan (in 2011 and 2012), Morgan’s lawyers succeeded in getting a hearing before a trial judge to determine whether Morgan’s conviction should be thrown out. At the hearing, Shabazz said he hadn’t known the identity of the gunman but that a detective told him “Jerome shot you.” Johnson described the immense pressure he felt when Landry’s mother brought him to the police station. He’d set aside Morgan’s photograph only to have the picture put back in front of him and have the detective ask again, “You sure this is not the guy?” Finally, he agreed to identify Morgan as the killer.
Morgan’s lawyers also uncovered evidence that the ballroom had been sealed within minutes of the shooting and that Morgan had been locked inside, making it impossible that he was the fleeing gunman. Prosecutors had that evidence all along, but never turned it over to the defense.
A judge overturned Morgan’s conviction in 2014. At that point, he’d served 20 years. After he was unsuccessful in opposing Morgan’s release on bail, Cannizzaro went to the intermediate appellate court seeking to reinstate his conviction. When that effort failed, he appealed again, this time to the state’s highest court. He also indicted Shabazz and Johnson for perjury, and then argued that his office should be allowed to introduce Shabazz and Johnson’s recanted trial testimonies, as neither man would agree to take the stand at Morgan’s retrial given the perjury indictments hanging over their heads. The Louisiana Supreme Court shut Cannizzaro down again, holding that “the state may not rely on these discredited and unreliable identifications.”
Cannizzaro, a white Democrat who’s been the Orleans Parish district attorney since 2008, vowed to press on. In the weeks leading up to the retrial, prosecutor Donna Andrieu accused Morgan’s attorneys, Emily Maw and Kristin Wenstrom, of coercing false recantations from Shabazz and Johnson and asked that they be removed as Morgan’s counsel so the state could call them as witnesses. The judge, incredulous that Andrieu would accuse the defense attorneys of “suborning perjury,” rebuffed her request as “outrageous.”
In May 2016, two weeks before Morgan’s retrial, Cannizzaro’s office dismissed the charges against him, saying the high court’s ruling had tied its hands. Cannizzaro professed deep sorrow for the victim’s family. “What is most disappointing to me about this entire incident,” he said, “is that, as [the victim’s mother] lays in bed dying of cancer, the justice for which she worked so hard to obtain is ripped from her fingers and she is helpless to stop it.” Maw called Cannizzaro’s statement “dishonest and preposterous.” The attorney had stayed in close touch with Landry’s parents throughout the case. “They fully supported our efforts and have no desire to see an innocent man in prison,” she told me.
Clarence Landry’s killer has never been found. Maw says that, to her knowledge, no one is looking for him. Instead, Cannizzaro, who declined to comment for this story, went ahead with the perjury prosecutions against Shabazz and Johnson. In January, a judge acquitted both men.
Worthy, Ramos, and Cannizzaro may seem extreme, but they have plenty of company. University of Michigan Law professor Samuel Gross, co-founder of the nonprofit National Registry of Exonerations, says “there are a lot of these cases.” Gross and his colleagues have tracked every known exoneration from 1989 through the present day. At Slate’s request, they provided a list of an additional 16 cases of innocence denying beyond the ones described at length in this article. “We see them all the time,” Gross says.
As Davontae Sanford’s case demonstrates, innocence denying means the real criminals go unpunished, posing a threat to public safety. According to the Innocence Project, 353 people have been exonerated by DNA evidence since 1989. The group has identified 152 actual perpetrators in those cases who went on to commit “150 additional violent crimes,” including rape and murder.
The best-known example of this phenomenon is the case of Michael Morton, a Texan who was wrongfully convicted of murdering his wife in 1987. At trial, prosecutors withheld crucial exculpatory evidence. After his conviction, they fought Morton’s release tooth and nail, even though DNA evidence found on a bandana near the crime scene pointed to Mark Alan Norwood as the real killer. Norwood had gone on to rape and kill another woman in a nearly identical manner two years after Morton was sent to prison.
The lead prosecutor, Ken Anderson—who became a district court judge after securing Morton’s conviction—was criminally charged with evidence tampering and lying to the judge at Morton’s preliminary hearing, and eventually pleaded no contest to felony charges of criminal contempt. He has been barred from practicing law. But the prosecution of Anderson is an outlier. Worthy, Ramos, and Cannizzaro have never been sanctioned. Instead, they have each coasted to re-election while racking up accolades and awards.
If innocence denying rarely carries negative consequences, is the converse true? Do prosecutors who do everything in their power to free wrongfully convicted people stand to lose elected office and lose face because they’re seen as weak? In a word, no. Consider the story of Thomas Haynesworth, Michael Herring, and Ken Cuccinelli.
Haynesworth, a black teenager, was convicted in 1984 of raping three white women in Richmond. In back-to-back-to-back trials, all three women identified Haynesworth as their attacker. In 2009, Haynesworth’s attorneys got approval to test the DNA from a rape kit in one of the cases. That DNA matched a man named Leon Davis, who’d been convicted of sexually assaulting more than a dozen women. Those crimes had been committed after Haynesworth was arrested, in the same city or adjoining counties, and in a manner strikingly similar to the modus operandi attributed to Haynesworth.
Haynesworth was exonerated in that case, but he remained incarcerated for the two other rapes—and in those cases the evidence had been destroyed, leaving no possibility for DNA testing. Haynesworth’s advocates turned to Richmond City Commonwealth’s Attorney Michael Herring for help.
Herring, who is black, was initially skeptical, but he became convinced of Haynesworth’s innocence. He then approached Cuccinelli, who was Virginia’s attorney general at the time. With his deputy, Alice Armstrong, Cuccinelli put together six-foot-high charts analyzing the evidence in the cases involving Haynesworth. They then added more charts for the multiple cases in which Davis had been convicted. It quickly became clear that this was not a question of glancing similarities: The geographic clusters, the details of the physical violence, and even the rapist’s wording of his threats to the victims formed an unmistakable pattern. Haynesworth, Cuccinelli believed, had spent nearly three decades in prison for Davis’ crimes.
In December 2010, Cuccinelli—a white Republican who is famous for his unflinchingly conservative positions—approached Virginia Gov. Bob McDonnell and lobbied for Haynesworth to be pardoned. The attorney general then took a highly unusual step. Rather than opposing Haynesworth’s petition for a writ of actual innocence in the Virginia Court of Appeals, he and Herring joined with Haynesworth’s lawyers in asking the justices to grant it.
During oral arguments in a packed courtroom, Cuccinelli was asked how he could sanction undoing the verdicts of two separate juries when the victims stood by their identifications. “My job is not to defend convictions, it’s to defend justice,” he explained to me.
Haynesworth ultimately prevailed by the narrowest of margins, with the court of appeals ruling 6–4 in his favor. Cuccinelli, now the president for the Senate Conservatives Fund, calls Haynesworth’s exoneration “the professional accomplishment I am most proud of.” Herring, who remains the commonwealth attorney for Richmond City, easily won re-election. In 2016, he received an award from the Virginia State Bar for his work in supporting the successful petition to pardon another man, Michael Kenneth McAlister.
When Kym Worthy says she plans to devote an entire unit to investigating post-conviction innocence claims, she is following in the footsteps of other district attorneys. Perhaps the best known of these units was run by Ken Thompson, the first black man or woman elected as the district attorney of Brooklyn, New York. Thompson, who took office in 2013, served only three years before dying of cancer in October 2016. But in that short time, he built up a remarkable record. In its first year, the conviction review unit freed 10 people. At the time of Thompson’s death, the total stood at 23. (After Thompson’s death, Eric Gonzalez became the acting district attorney. Gonzalez, who just won election for his full first term, had been endorsed by the New York Times, which noted that he “took the lead” in making the conviction review unit a success.)
Sharen Wilson, the top prosecutor for Tarrant County, Texas, is following the same model. Wilson, a white Republican who took office in January 2015, hired a widely respected defense attorney from a neighboring county to review questionable convictions. Recently, the Tarrant County Conviction Integrity Unit cooperated with the Innocence Project in reinvestigating the case of John Earl Nolley. That reinvestigation turned up a bloody palm print that did not match Nolley and evidence that the jailhouse informant who testified against Nolley had lied. After Wilson agreed the conviction was tainted, a state court judge overturned the conviction, and Nolley was released on bond in May 2016. The case is currently pending in the Texas Court of Criminal Appeals, which will determine whether to uphold the trial court’s conclusion and Wilson’s recommendation.
On her website, Wilson describes herself as “putting victims first” with her commitment to “aggressively prosecute the most dangerous criminals.” She says vacating Nolley’s conviction and releasing him on bond was the right decision. “Faith in God leads me to believe that we have a system that is made up of people, and people make mistakes,” she told me.
There are no particular credentials that guarantee that a prosecutor will do the right thing. Prosecutors who embrace their role to “seek justice” must be willing to tell the truth no matter the consequences, and they need to have the gumption to fess up when they make a mistake. These are basic lessons that are well understood by an average fourth grader. Why is it so hard for so many of our top law enforcement officials to take them to heart?
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Founder and Chief Executive Director of NYS 501c3 Kathy Rinaldi Hope/
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