Wrongly Convicted Page Two
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Lawyer Johnson, Massachusetts
Convicted 1971; Released 1982
Mr. Johnson was sentenced to death after having been convicted of a shooting murder. The evidence against him was the testimony of one Kenneth Myers, whom the police had picked up a suspect in the murder. Myers claimed to have witnessed the shooting and initially identified a certain photograph as depicting the person who committed the crime. When the police told Myers that person he identified was in prison at the time of the shooting, Myers changed his story and told the police that Mr. Johnson was the murderer. Myers admitted to the police that Myers himself had picked up the victim's gun after the victim was shot, and Myers took the police to the place where Myers had hidden the gun. Myers claimed that he was with his girlfriend when he witnessed the murder, but he refused to divulge her name. On appeal, the court granted Mr. Johnson a new trial, ruling that Myers should have been forced to divulge the name of the other witnesses who were supposedly there. The new trial was also based on the testimony of a new witness who testified that he saw Myers flee from the scene, but never saw Mr. Johnson. At the second trial, Myers' girlfriend did not corroborate his account and the new witness testified about his observations, but the jury nonetheless convicted Mr. Johnson again--this time of second degree murder. This conviction was upheld on appeal. Several years later, a nineteen year old woman named Dawnielle Montiero came forward and reported that she had actually witnessed the murder and that Myers was the killer. Mr. Johnson, she explained, was not there that day. This witness had informed the police at the time about what she saw, but the police said that because she was only nine years old her information was not important. Based on this new evidence, Mr. Johnson was granted yet another new trial. This time around, the prosecution dropped all charges and Mr. Johnson was released. In 1983, both House and Senate of the Massachusetts legislature approved a bill providing $75,000 compensation to Mr. Johnson, but no final action was ever taken on this measure.
Dale Johnston, Ohio
Convicted 1982; Released 1990
Mr. Johnston was sentenced to death for the murder of his stepdaughter and her fiancee. The prosecutor contended that the victim shad been killed in Mr. Johnston's home and that their bodies were later discarded in a corn field eleven miles away. A prosecution witness identified Mr. Johnston as the person that he saw force the victims into a car that day. On appeal, the courts found that the testimony of this witness was hopelessly tainted because the identification was a product of hypnosis by a untrained person. Moreover, evidence emerged showing that the victims were, in fact, killed at the cornfield at specific time--several witnesses had heard gunshots these. This fact demonstrated Mr. Johnston's innocence because he could conclusively prove that he was at home when those shots were fired. The State ultimately dropped all charges against Mr. Johnston.
Troy Lee Jones, California
Convicted 1982; Released 1996
Mr. Jones was sentenced to death after having been convicted of murdering a woman with whom he had an ongoing relationship. The case against him was entirely circumstantial and basically showed only that he had a motive to commit the crime. On appeal, a very pro-death-penalty California Supreme Court reversed his conviction based on the utter incompetence of his trial counsel, who failed to pursue many significant leads supporting Mr. Troy's defense. The court ruled that there was a reasonable probability that Mr. Troy would have acquitted had counsel done an adequate job. In the aftermath of this ruling, the prosecutors have dropped all charges against Mr. Troy.
David Keaton, Florida
Convicted 1971; Released 1973
Mr. Keaton was sentenced to death after having been convicted of killing a police officer during an armed robbery. The case against him was built on a confession, which Mr. Keaton consistently maintained was a false confession that had been coerced out of him through threats, lies and beatings. In the aftermath of the trial, a close friend of the slain police officer learned about some of the tactics that had been used to extract confessions in the case: one of the suspects had been beaten bloody and the police had slammed a door so hard on another suspect's that the toe was severed. Moreover, it emerged that the police had repeatedly shown pictures of the suspects to the witnesses in order to prompt an identification. When the trial judge learned of the attempts by police and prosecutors to suppress exculpatory evidence, he ordered that all evidence be brought to directly to court. Based on a review of the real facts, the judge dismissed all charges against Mr. Keaton.
Richard Keine, New Mexico
Convicted 1974; Released 1976Four men-Richard Gladish, Richard Greer, Richard Keine and Clarence Smith-were all sentenced to death after they were convicted of kidnaping and murdering a college student. All four men were members of a Los Angeles motorcycle gang. The prosecution's key witness was a motel maid named Judith Weyer, who claimed that she witnessed the crime. Approximately six months after their convictions, Weyer admitted that her testimony was entirely fabricated and stated that she had been coached and pressured by the police and prosecutors. Nonetheless, the trial court refused to order a new trial. Rather, the four men were granted a new trial many months later when another man, Kerry Rodney Lee, confessed to having committed the murder. Based on this confession and substantial evidence corroborating it, charges against the four men were dropped and they were released.
John Henry Knapp, Arizona
Convicted 1976, Released 1990
Mr. Knapp was sentenced to death after having been convicted of setting the fire that killed his two young daughters. When initially tried for this offense, the trial ended in a hung jury, but Mr. Knapp was convicted during a second trial. The key evidence against him was a confession he had given the police 11 days after the fire. Mr. Knapp maintained that he had given this confession only because he was concerned that the authorities were going to charge his wife with the crime, and feared that she would commit suicide if charged. The prosecution's physical evidence came through experts who claimed that the fire had to be the product of arson, not accident. More than a decade after the fire, new scientific evidence emerged that bolstered the defense claim that the fire was accidental, probably set by the girls playing with matches. Mr. Knapp was granted a new trial in light of this evidence, and in the course of those proceedings it was discovered that the prosecution had kept important exculpatory information from the defense and jury during the earlier trials. In light of all this new evidence, the prosecution agreed to set Mr. Knapp free. As the author of a book about the Knapp case has said, "the irony is that John Knapp was used for years by death penalty advocates as an example of why we should have the death penalty. Now he is a perfect example for people who say we shouldn't have a death penalty."
Curtis Kyles, Louisiana
Convicted 1984; Released 1998
Mr. Kyles was convicted of murdering a woman in a store parking lot, and was sentenced to death. The police came to suspect Mr. Kyles based on statements by a man named Joseph "Beanie" Wallace, who claimed that he purchased the victim's stolen car from Mr. Kyles after the murder. The prosecution bolstered this claim with evidence that some objects associated with the crime, including the murder weapon, were found in an around Mr. Kyles' home. Several witnesses also testified that Mr. Kyles was the person they saw at the crime scene. The defense called this eyewitness testimony into question and the jury in the first trial was hung. Upon retrial, Mr. Kyles was convicted, but that conviction was ultimately reversed by the United States Supreme Court which held that the prosecution had hidden significant exculpatory evidence about the significant changes in the eyewitnesses' account and the corruption of the investigation. Had this material been disclosed to the defense, it would not only have undercut the case against Mr. Kyles, but would have supported his claim that he was being framed by Wallace and the New Orleans authorities. The case was remanded for a third trial, which ended in a hung jury as did fourth and fifth trials. In the end, the District Attorney announced that he would drop all charges against Mr. Kyles who was set free, having once come within 30 hours of scheduled execution.
Carl Lawson, Illinois
Convicted 1990; Released 1996
Mr. Lawson was sentenced to death after having been convicted of murdering an eight-year-old boy whose body was found in an abandoned church. The prosecution built its case around a shoeprint found in the blood near the body, a print that matched the brand of shoes worn by Mr. Lawson. Although it was clear that a mob of curious onlookers had walked in the area once the body was found, the prosecution contended that the dryness of the blood on the shoeprint proved that the print was made some time ago--by the murderer. The defense repeatedly asked the trial judge for funds to retain its own forensic expert to rebut the State's expert, but these requests were denied. On appeal of his conviction and death sentence, the Illinois Supreme Court held that Mr. Lawson was denied a fair trial when he was not given funds to hire an expert, and that Mr. Lawson had also been denied his right to effective assistance of counsel. Upon retrial, the defense presented evidence that the police put the temperature in the church at 98 degrees. The defense expert explained that with this intense heat, a shoeprint left by one of the onlookers (of whom Mr. Lawson was one), would have dried very quickly. The prosecution's expert could not dispute this fact, yet one of the twelve jurors still voted to convict Mr. Lawson and the trial ended in a hung jury. The prosecution then proceeded to try Mr. Lawson for a third time, although this time the trial was moved to a different venue and the jury acquitted Mr. Lawson of all charges.
Wilbert Lee, Florida
Convicted 1963; Released 1975Mr. Lee, together with Freddie Pitts, was sentenced to death after having been convicted of killing a gas station attendant. The case against them was built on the police claim that these two African-American men, arrested in a segregated town, had confessed to the murder. In fact, it turned out, these confessions had been mercilessly beaten out of the two men. With just a few weeks of their sentencing (which took the all-white jury twenty minutes to decide), the local sheriff learned that another man who had been arrested for another gas station robbery had confessed to the murder for which Mr. Lee and Mr. Pitts had been sentenced to death. The Sheriff responded to this information by declaring that he wanted nothing to do with any other person's confession because "I already got two niggers waiting for the chair in Raiford for those murders." A polygraph examiner who had heard this other man confess took the matter to the press, and once these facts emerged a new trial was ordered. During that second trial, however, the jury again convicted Mr. Lee and Mr. Pitts. Ultimately, Florida's governor investigated the case and uncovered the truth. Both Mr. Lee and Mr. Pitts were pardoned on the grounds of innocence. In 1998, after many years of struggle, they were afforded some compensation from the State of Florida for the damage they suffered.
Michael Linder, South Carolina
Convicted 1879; Released 1981
Mr. Linder was convicted of killing a police officer and was sentenced to death. There was no question that he had fired a shot that killed the officer; the question is whether he was acting in self-defense because the officer was groundlessly firing at him. At trial, the prosecution presented expert witnesses who said that the officer had never fired his gun. After the conviction was reversed based on trial error, Mr. Linder was represented by accomplished counsel who thoroughly investigated the case and uncovered conclusive evidence that the officer had, in fact, fired his weapon at Mr. Linder. The defense was also able to demonstrate that the prosecution's witnesses had distorted other key physical evidence in its efforts to convict Mr. Linder. After hearing this new evidence, the jury acquitted Mr. Linder. As one of his trial lawyers later put it, "if anyone thinks that our court system is not capable of actually executing an innocent person, they should look at this case."
Frederico Macias, Texas
Convicted 1984; Released 1993
Mr. Macias was sentenced to death after having been convicted of a double murder during the course of a home burglary. The prosecution's evidence against him was the testimony of a man who had been picked up as a suspect in the case and had implicated Mr. Macias. Initially, this witness denied any involvement in the crime himself, but when confronted with the evidence against him he claimed that he had done the crime with Mr. Macias. At trial, Mr. Macias's lawyesr were afforded just $500 for its investigation and for expert witnesses. Based on the testimony of the prosecution's witness, who was given a deal for his testimony, Mr. Macias was convicted. After the conviction and sentence were upheld on appeal, a partner at a large law firm took on the case pro bono, and developed compelling evidence of Mr. Macias's innocence--including a very strong alibi witness that had not been called at the trial. The law firm spent more than $1 million worth of time and money in the course of the representation. The United States District Court granted Mr. Macias habeas corpus relief based on the inadequacy of his representation, a decision that was affirmed by the United States Court of Appeals for the Fifth Circuit. (Commenting on the trial, the well-known conservative Judge Patrick Higginbotham wrote that "the state paid defense counsel $11.84 per hour. Unfortunately, the justice system got only what it paid for."). When the case was presented before a new grand jury, the grand jury determined that there was not even probable cause to re-indict Mr. Macias, who was immediately set free.
Vernon McManus, Texas
Convicted 1977; Released 1988
Mr. McManus was sentenced to death for the murder of his in-laws, a crime he was alleged to have committed together with his estranged wife. The key evidence against Mr. McManus was the testimony of his estranged wife, who received a life sentence after testifying against him. As it turned out, Mr. McManus's own trial counsel was romantically involved with the prosecution's star witness-his client's estranged wife-throughout the trial. Mr. McManus was ultimately granted federal habeas corpus relief and a new trial was ordered. By this time, the prosecution's evidence had collapsed and charges against Mr. McManus were dropped.
Walter (Johnny D.) McMillian, Alabama
Convicted 1988, Released 1993
Mr. McMillian was convicted of raping and murdering a store clerk, and was sentenced to death. The key witness against him was a career criminal, Ralph Meyers, who implicated Mr. McMillian while Meyers himself was being questioned about the murder. Immediately upon arresting Mr. McMillian, the authorities took him to death , where he was housed pending trial. Although Mr. McMillian presented several alibi witnesses who were with him at a family fish fry that day, the jury convicted Mr. McMillian based on the testimony of Meyers and two other witnesses who claimed to have seen Mr. McMillian in the area of the dry cleaning shop that day. The jury recommended a life sentence for Mr. McMillian, but the judge overrode the jury and imposed a death sentence. Eventually, the three witnesses who had testified against Mr. McMillian admitted that they had lied. In addition, it became clear that the prosecution had hid significant exculpatory evidence that would have led to Mr. McMillian's acquittal, including the name of a witness who had seen the victim alive after the time in which the prosecution contended she had been murdered. After the Court of Criminal Appeals of Alabama reversed Mr. McMillian's conviction, Alabama officials dropped all charges against him and acknowledged that the case had been bungled.
Earnest Miller, Florida
Convicted 1980; Released 1988
Mr. Miller, together with William Jent, was convicted of raping and murdering a 20-year old woman, and was sentenced to death. The case against them was built on the testimony of two women with whom they had been drinking on the night of the murder, who claimed that they saw Mr. Jent and Mr. Miller commit the crimes. Years after the convictions these women recanted their testimony; one of them stated that she had testified about facts she saw in a drug-induced dream, and the other explained that she was pressured by the police to go along with the story her friend had told. New facts also emerged that the victim's boyfriend had moved away immediately after the murder and that four months later a new girlfriend of his was found burned to death--just as the victim had been in the case for which Mr. Jent and Mr. Miller were convicted. In addition, it was revealed for the first time that even though Mr. Jent and Mr. Miller were alleged to have transported the victim's body in the trunk of their car, the police had searched the car and found no evidence that any body had ever been placed there. After a new trial was ordered through a writ of federal habeas corpus, prosecutors allowed the two men to go free on time served provided that they entered pleas to lesser offenses. As Mr. Jent put in explaining his feeling about this resolution of the case, "I'm disappointed because I had to stand up there and swear to a lie. They framed us once. What was going to keep them from doing it again."
Robert Lee Miller, Jr., Oklahoma
Convicted 1988; Released 1998Mr. Miller was convicted of the rape and murder of two elderly women based on a supposed confession, even though the supposed confession was inconsistent with over 100 facts of the cases. After seven years on death row, DNA testing excluded Mr. Miller as the person who raped the victims, and his conviction was overturned. Three years later, the prosecution announced that it would not be pursuing any charges against Mr. Miller, who had passed a lie detector test denying any involvement in the crime.
Roberto Miranda, Nevada
Convicted 1982; Released 1996
Mr. Miranda was convicted of murder and sentenced to death based on the testimony of a man who claimed that he drove with Mr. Miranda to the victim's house and waited outside. At trial, Mr. Miranda was represented by an incompetent lawyer who interviewed just three of the 40 witnesses relevant to the defense. The lawyer never brought out the fact that the accuser had an incentive to frame Mr. Miranda because Mr. Miranda was having an affair with the accuser's girlfriend. Nor did defense counsel ever put on evidence from several witnesses who would verify Mr. Miranda's innocence. Although the conviction and sentence were affirmed by the Nevada courts. A federal district court ultimately granted habeas corpus relief based on ineffective assistance of counsel. In the aftermath of this ruling, the prosecution decline to retry Mr. Miranda and all charges against him were dropped.
Adolph Munson, Oklahoma
Convicted 1985, Released 1995
Mr. Munson was convicted of murdering a convenience store clerk based on police testimony that one of the victim's earrings and a .22 caliber bullet was found in Mr. Munson's motel room. The prosecution told the jury that the victim was killed by a .22 caliber weapon. The prosecution also presented the testimony of a jailhouse informant who claimed to have heard Mr. Munson confess. Defense requests for funds to investigate the evidence were denied. Mr. Munson's conviction was upheld by the Oklahoma courts and the United States Supreme Court denied review. In post-conviction proceedings some eight years later, investigators began to uncover a series of exculpatory facts that had been hidden from the defense. For example, several witnesses had seen two white men at the store when the clerk was abducted, and one had actually seen these men carry the clerk away in a truck. Moreover, it was shown that the victim was not killed by a .22 caliber bullet, and that the pathologist who so testified had since been convicted of fabricating evidence to support the prosecution. As for the earring, several witnesses contradicted the officer's claim that he had found the earing in the hotel room. And evidence conclusively proved that the jailhouse informant had lied when he denied that he was testifying in hopes of a deal from the State. Based on these and many other new revelations, a new trial was ordered, with the trial court stating that he "was saddened that people charged with upholding justice would do such a thing." Upon retrial, with all the facts now available to the jury, Mr. Munson was acquitted of all charges.
Gary Nelson, Georgia
Convicted 1980; Released 1991
Mr. Nelson was convicted of raping and murdering a six-year old girl, and was sentenced to death. The evidence against him consisted of a witness who claimed to have seen the victim with him, evidence tracing the murder weapon to him, and most critically, testimony from a Georgia Bureau of Investigation expert that a hair found on the victim matched Mr. Nelson's hair. (According to this expert, only 120 men in the entire county could have been the source of the hair). Mr. Nelson was represented at trial by a lawyer who was later disbarred, and did not mount a meaningful defense. Rather, it took ten years until new counsel could refute the prosecution's claims and show that the prosecution had withheld significant exculpatory evidence. To begin with, the witness who had supposedly identified Mr. Nelson with ease, had actually described the perpetrator as "bald and thin," a description that did not fit Mr. Nelson at all. Moreover, there was, in reality, no evidence tying the weapon to Mr. Nelson. Most critically, however, the defense uncovered the fact that the FBI was the agency that examined the hair found on the victim, and that the FBI concluded that the sample was not suitable for any significant comparison purposes. Rather, all that could be said about the hair is that it could have come from any African-American. Further evidence pointed to another suspect named Al, who had a history of child molestation and who was working in the area where the child was last seen. Indeed, the victim had told her friend that she was going to get some money from "Uncle Al." The Georgia Supreme Court overturned Mr. Nelson's convictions and he was set free. During his eleven years on death , he witnessed the executions of fifteen fellow inmates. Haunted by his memories, Nelson once said: "The burning flesh is something I will never forget. It was horrible the way that us smell them cooking."
Randall Padgett, Alabama
Convicted 1992; Released 1997Mr. Padgett was sentenced to death after having been convicted of raping and murdering his estranged wife. The prosecution's case was built upon the testimony of an expert who claimed that the DNA in the semen sample from the rape matched Padgett. The defense expert disagreed and testified that the semen did not match Mr. Padgett's DNA. Late in the trial, the prosecution revealed that there were serious questions about the integrity of its testing--indeed it was not clear whether they had actually used Mr. Padgett's blood at all. Nonetheless, the jury convicted Mr. Padgett and recommended a life sentence. The trial judge then overrode this recommendation and imposed the death penalty. On appeal, the court reversed the conviction based on the prosecution's having withheld the significant exculpatory evidence from the defense. Upon retrial, the jury acquitted Mr. Padgett of all charges.
Anthony Ray Peek, Florida
Convicted 1978; Released 1987
Mr. Peek was twice convicted of a rape and murder based on forensic evidence establishing that his fingerprints were on the car of the victim, and his hair, semen and blood were generally consistent with the evidence found at the crime scene. Mr. Peek admitted that he had seen the victim's car near a park and had ransacked its glove compartment, but denied any knowledge of, or involvement in, the crimes committed upon the victim. It was ultimately shown that the prosecution's expert witness had lied about the test results and that the hair found at the scene did not match Mr. Peek's hair. Upon a third trial, the jury acquitted Mr. Peek of all charges.
Freddie Pitts, Florida
Convicted 1963; Released 1975
Mr. Pitts, together with Wilbert Lee, was sentenced to death after having been convicted of killing a gas station attendant. The case against them was built on the police claim that these two African-American men, arrested in a segregated town, had confessed to the murder. In fact, it turned out, these confessions had been mercilessly beaten out of the two men. With just a few weeks of their sentencing (which took the all-white jury twenty minutes to decide), the local sheriff learned that another man who had been arrested for another gas station robbery had confessed to the murder for which Mr. Lee and Mr. Pitts had been sentenced to death. The Sheriff responded to this information by declaring that he wanted nothing to do with any other person's confession because "I already got two niggers waiting for the chair in Raiford for those murders." A polygraph examiner who had heard this other man confess took the matter to the press, and once these facts emerged a new trial was ordered. During that second trial, however, the jury again convicted Mr. Lee and Mr. Pitts. Ultimately, Florida's governor investigated the case and uncovered the truth. Both Mr. Lee and Mr. Pitts were pardoned on the grounds of innocence. In 1998, after many years of struggle, they were afforded some compensation from the State of Florida for the damage they suffered.
Samuel Poole, North Carolina
Convicted 1973; Released 1974
Mr. Poole was sentenced to die after being convicted of breaking and entering with the intent to commit rape. The prosecution's chief evidence was a button found in the victim's home, which generally matched a missing button on Mr. Poole's shirt. This, combined with the evidence that Mr. Poole owned the type of gun the victim saw and that he was in the general vicinity that day, made up the entirety of the state's case. On appeal, the Supreme Court of North Carolina reversed the conviction on the ground that the evidence was insufficient to sustain the verdict. Mr. Poole was thereby acquitted of all charges.
Juan Ramos, Florida
Convicted 1983; Released 1987
Mr. Ramos was Sentenced to death for rape and murder. The only evidence supposedly tying him to the crime was an extraordinarily dubious bloodhound identification. The dog had been given the opportunity to smell Mr. Ramos's scent, and had then been put into a room with five knives and five blouses. The dog stopped at the knife and blouse that had been involved in the crime. However, it was later shown that these were only one knife and blouse with blood on it--rendering the identification useless as it proved only that the bloodhound was drawn to blood. (Moreover, just five days after the initial identification, the dog had failed to replicate the identification). The prosecution also presented the testimony of a jailhouse informant, who was allowed to serve just two years on a conviction for which he faced up to 70 years. The jury that convicted Mr. Ramos recommended against the death penalty, but the judge refused to follow that recommendation and sentenced Mr. Ramos to death. The Supreme Court of Florida reversed the conviction, ruling that the bloodhound identification was thoroughly unreliable. Upon retrial, Mr. Ramos was acquitted of all charges.
James Richardson, Florida
Convicted 1968; Released 1989
Mr. Richardson was sentenced to death after being convicted of murdering seven of his children by poisoning him with the pesticide parathion. The prosecution built its case around the claim that Mr. Richardson, a poor migrant farm worker, had purchased life insurance policies for the children the very evening before their deaths. Police officers testified, moreover, that they found a sack of parthion in Mr. Richardson's shed. In addition, the prosecution presented the testimony of two jailhouse informants who claimed to have heard Mr. Richardson incriminate himself. After Mr. Richardson was convicted and sentenced, a new group of lawyers began to investigate the case. This investigation revealed that Mr. Richardson had never, in fact, bought any life insurance for his children. Moreover, the police had not found the bag of parthion when they exhaustively searched the shed during their crime scene investigation, but the police had later received a tip from a woman named Bessie Reese that the parthion was there. It would later be shown that Bessie Reese, who was babysitting the children when they died, had been convicted herself of killing her husband, who had dies of poison-like symptoms. Reese was upset at Mr. Richardson at the time of the children's deaths because her third husband had just left her for Mr. Richardson's cousin. Years after the crime, while Reese was living in a nursing home, she confessed to killing the children, although the prosecution discounted her confession due to her senility. In 1989, some 21 years after Mr. Richardson was convicted, then-Dade County District Attorney Janet Reno was named special prosecutor to examine the case. Based on her conclusions that a grave injustice had been done to Mr. Richardson, he was released and charges were dropped.
James Robison, Arizona
Convicted 1977; Released 1993
Mr. Robison was sentenced to death after he was convicted of murdering the reporter Don Bolles, by planting a car bomb. The prosecution's key witness was one John Adamson, a man who Bolles named as the bomber in the moments before his death. As part of a deal with the prosecution in which he would receive a 20-year sentence for the murder, Adamson named several other co-conspirators, including Mr. Robison. On appeal, Mr. Robison's conviction was reversed based on the unfairness of the trial. When Adamson refused to testify again for the prosecution without a new deal that let him out of prison immediately, the prosecutors proceeded against Adamson and secured the death penalty against him. In the course of the appeals from that conviction and sentence, Adamson ultimately agreed to cooperate once again and his 20-year sentence was reinstated. During Mr. Robison's retrial, the prosecution also presented a series of jailhouse informants who claimed to have heard Mr. Robison confess. The jury learned, however, that each of these witnesses was testifying in return for reduced jail time in their respective cases. The jury also learned about new evidence tending to show that Adamson had killed Bolles together with another person and was framing Mr. Robison to protect his true accomplice. In light of this information, the jury acquitted Mr. Robison of any role in the Bolles murder.
Johnny Ross, Louisiana
Convicted 1975, Released 1981
Mr. Ross was sentenced to death for a rape he was alleged to have committed when he was 16 years old. The trial--which lasted but three hours--consisted of the prosecution's claim that Mr. Ross had signed a confession after the victim had identified him. Mr. Ross, by contrast, consistently maintained that he had signed a blank piece of paper after he was beaten by his interrogators. On appeal, the conviction was upheld, although the death sentence was vacated and Mr. Ross was sentenced to a term of years. Several years later, tests revealed that the blood type of the rapist positively did not match Mr. Ross's blood type. Based on this new evidence, the New Orleans District Attorney agreed to drop charges and have Mr. Ross released from prison.
Bradley P. Scott, Florida
Convicted 1988; Released 1991
Mr. Scott was sentenced to death for the 1978 murder of a twelve-year-old girl. In the immediate aftermath of the murder, the police had ruled our Mr. Scott because he had a sound alibi--he was with his girlfriend shopping at the mall at the time. Nonetheless, a new sheriff reopened the investigation seven years later and found some witnesses to testify that they saw Mr. Scott in the area of the convenience store from which the victim had been abducted. (Some of these witnesses knew Mr. Scott but had never before claimed to have seen him there that day.) The woman who Mr. Scott was with that day now his ex-wife and she now testified that she had no memory of whether Mr. Scott was with her that day. Moreover, the evidence the police had developed to confirm Mr. Scott's alibi was now mysteriously missing from the police file. The prosecution's key evidence was a dove shell found in Mr. Scott's car, a shell that was similar to those on the victim's necklace. Mr. Scott's mother testified, however, that she collected such shells and often transported them in the car. In addition, although there was no way of actually matching the hairs, the prosecution contended that a hair found in Mr. Scott's car was compatible with that of the victim. The defense pointed out that there was evidence implicating another man who was known to supply marijuana to children in the area, including the victim. The jury convicted Mr. Scott based on this circumstantial evidence, but on appeal, the Supreme Court of Florida unanimously reversed the conviction and acquitted Mr. Scott. The court ruled that the evidence did not come close to proving guilt, and that "suspicions cannot be the basis for a criminal conviction."
John C. Skelton, Texas
Convicted 1982; Released 1990
Mr. Skelton was sentenced to death after being convicted of murdering a former employee by planting a bomb underneath his truck. There was no direct evidence tying Mr. Skelton to the crime, and he had a strong alibi placing him out-of-state at the time. The prosecution's case was built on a showing that Mr. Skelton had a motive to kill the victim, had made various threats against the victim, and had access to the general type of materials that were used in the bomb. After a thorough review of the evidence, the Texas Court of Criminal Appeals reversed the conviction, holding that the evidence was insufficient as a matter of law. Mr. Skelton was then released.
Charles "Red" Smith, Indiana
Convicted 1983; Released 1991
Mr. Smith was sentenced to death after having been convicted of the street robbery and murder of a young woman. The prosecution's case was built upon the testimony of a man who admitted to have been the getaway driver, and claimed that Mr. Smith had committed the murder. The Indiana Supreme Court granted Mr. Smith a new trial based on the incompetence of Mr. Smith's counsel. In the course of that new trial, it emerged that the prosecution's witness had been testifying in return for a deal with the prosecution, which allowed him to avoid murder charges. Moreover, the defense established that Mr. Smith had an alibi, and that there was strong evidence implicating a relative of the prosecution's star witness as the true killer. The jury acquitted Mr. Smith of all charges.
Clarence Smith, New Mexico
Convicted 1974; Released 1976
Four men-Richard Gladish, Richard Greer, Richard Keine and Clarence Smith-were all sentenced to death after they were convicted of kidnaping and murdering a college student. All four men were members of a Los Angeles motorcycle gang. The prosecution's key witness was a motel maid named Judith Weyer, who claimed that she witnessed the crime. Approximately six months after their convictions, Weyer admitted that her testimony was entirely fabricated and stated that she had been coached and pressured by the police and prosecutors. Nonetheless, the trial court refused to order a new trial. Rather, the four men were granted a new trial many months later when another man, Kerry Rodney Lee, confessed to having committed the murder. Based on this confession and substantial evidence corroborating it, charges against the four men were dropped and they were released.
Jay C. Smith, Pennsylvania
Convicted 1986; Released 1992
Mr. Smith, a former high school principal, who sentenced to death after he was convicted of murdering a woman and her two children. According to the prosecution, Dr. Smith had been hired by William Bradfield, a teacher in the school, to kill Bradfield's fiancee. Much of the evidence against Dr. Smith came through various statements made by Bradfield, whom the defense urged was the real killer who had tried to frame Dr. Smith. Indeed, the defense was able to elicit from a state trooper that there was sand on the toes of the victim, showing that the victim was killed by a beach-an area where Bradfield had been at the time of the killing, but where Dr. Smith could not have been. In response to this evidence, the prosecution called five state troopers to deny that any sand was ever found in the victim's toes. Indeed, law enforcement officials then pursued official action against the trooper who testified about the sand, even to the point of accusing him of having taken a bribe to so testify. After the Pennsylvania Supreme Court reversed Dr. Smith's conviction on grounds that his trial was unfair, the defense learned that the prosecution had knowingly presented false testimony when it denied that the sand was found in the victim's toes. The prosecution knew all along, it turned out, that the sand from the toes was in the evidence locker, and had intentionally hidden this materially exculpatory evidence from the defense. Once this evidence emerged, the Pennsylvania Supreme Court ordered Dr. Smith released.
Delbert Tibbs, Florida
Convicted 1987; Released 1992
Mr. Tibbs was convicted of rape and murder and was sentenced to death. He was arrested because a highway patrolman believed that he resembled a description given by a victim who had survived the incident. Police check out Mr. Tibbs's alibi and released him. Some time later, however, the victim was shown a picture of Mr. Tibbs and identified him as the perpetrator. This victim's identification was the crux of the prosecution's case, even though the woman admitted that she was under the influence of illegal drugs on the day in question. On appeal, the Florida Supreme Court recognized the paucity of the prosecution's case and ordered a new trial. The State ultimately decided not to even retry Mr. Tibbs, however, once the prosecutor from the first trial came forward and said that he would testify on behalf of Mr. Tibbs at any new trial. This prosecutor stated that he would tell the jury that the case against Mr. Tibbs was tainted from the start, and that the police and prosecutors knew it. All charges against Mr. Tibbs were then dropped.
Darby (Williams) Tillis, Illinois
Convicted 1979; Released 1987
Mr. Tillis, together with Perry Cobb, was convicted of a double murder in the course of a robbery and was sentenced to death. The prosecution's key witness was a woman named Phyllis Santini, who claimed that she had driven the getaway car for the two men. The defense was that Santini and her boyfriend had committed the crimes, and that she was framing Mr. Cobb and Mr. Tillis. A first trial ended in a hung jury, as did a second trial. At the third trial, a witness who had earlier testified that he could not identify the defendants as the men he saw, suddenly changed his story and now claimed that he saw Mr. Cobb and Mr. Tillis enter the store. This third trial (presided over by a judge who has since been convicted of taking bribes to fix murder cases) ended in convictions and death sentences. The Illinois Supreme Court reversed the convictions based on limitations that were put on the defense's ability to argue that Santini and her boyfriend were the true culprits. While the parties were preparing for a fourth trial, Michael Falconer, a prosecutor from a nearby county, happened to read a newspaper article about the case. This prosecutor recognized Santini's name because he had worked with her in a factory before going to law school. At that time, Santini had confided in him that she and her boyfriend had committed a double homicide and that she was working with prosecutors in return for a deal that would keep her from being charged. Falconer testified about this conversation at the fourth trial, which again ended in a hung jury. Finally, at a fifth trial, both Mr. Cobb and Mr. Tillis were acquitted of all charges.
Jonathan Treadway, Arizona
Convicted 1974; Released 1979Mr. Treadway was sentenced to death for the rape and murder of a six-year old boy. The prosecution's key evidence was a set of palm prints on a window of the house that matched those of Mr. Treadway. For his part, Mr. Treadway admitted that he had looked in some windows the night of the boy's death, but denied that he had ever entered any house or touched any boy. The Arizona Supreme Court granted Mr. Treadway a new trial based on the incompetence of his trial counsel, and at the new trial the defense called a series of expert witnesses who testified that there was no evidence that the boy had ever been raped or that he had died of anything but natural causes. Many members of the jury that acquitted Mr. Treadway of all charges commented that they did not believe he had ever entered the house at all.
Larry Troy, Florida
Convicted 1983; Released 1988Mr. Troy was sentenced to death, along with Willie Brown, after having been convicted of killing a fellow inmate. The prosecution's case was built upon the testimony of another inmate, Frank Wise, who testified that he saw Messrs. Troy and Brown leaving the scene of the murder. During the appeals of his conviction, Mr. Brown married a woman who would play a critical role in exonerating him and Mr. Troy. This woman, Esther Lichtenfels, ultimately took part in a sting operation in which she wore a legally authorized wire and met with Frank Wise, the prosecution's key witness. During these taped conversations, Wise admitted that he had lied about Messrs. Brown and Troy and offered to tell the truth in return for $2000. Wise was charged with bribery and perjury, and charges against Messrs. Brown and Troy were dropped.
Robert Wallace, Georgia
Convicted 1980; Released 1987Mr. Wallace was sentenced to death for the murder of a police officer. The prosecution argued that a drunk Mr. Wallace had been in a scuffle over a gun with an officer and had then picked up the gun and intentionally shot another officer. Mr. Wallace's conviction was ultimately overturned on habeas corpus in federal court, when the United States Court of Appeals determined that Mr. Wallace had been unfit to stand trial. Upon retrial, the jury determined that the officer's death was completely accidental.
Gregory R. Wilhoit, Oklahoma
Convicted 1987; Released 1993Mr. Wilhoit was convicted of murdering his wife and was sentenced to death. The key evidence against him was forensic testimony that a bite mark on the victim came from Mr. Wilhoit's teeth, and that there was a rare bacteria around the bite mark that traced back to Mr. Wilhoit. The defense counsel who represented Mr. Wilhoit at trial came onto the case just three weeks prior to the trial and never bothered to interview the experts that prior counsel had told him would refute conclusively the prosecution's case. After the conviction and death sentence were returned new counsel came in and presented the court with evidence from 11 respected forensic ondologists who had all concluded that bite marks on the victim could not have come from Mr. Wilhoit, and that the bacteria the prosecution had identified was quite common. The defense also showed that Mr. Wilhoit's trial counsel had been in a severe accident one year before the trial and had suffered significant brain injury. At the time of Mr. Wilhoit's trial, his lawyer was severely abusing alcohol and prescription drugs. On appeal, the Oklahoma Court of Criminal Appeals found that Mr. Wilhoit was deprived of a competent defense at trial, and vacated the conviction. Upon retrial, with the evidence of the 11 forensic ondologists' conclusions, the jury acquitted Mr. Wilhoit of all charges.
Dennis Williams, Illinois
Convicted 1979; Released 1996Mr. Williams, along with three other men now known as the "Ford Heights Four," was convicted of a double murder and rape. Mr. Williams and Verneal Jimerson were both sentenced to death for the crime. Mr. Williams was charged based on the statement of a witness who claimed to have seen him near the scene of the crime, and the statement of Paula Gray, a 16-year old retarded girl, who gave a statement that she held a Bic cigarette lighter for more than 30 minutes as the four men each raped one of the victims and then killed them. Shortly after telling this to the police, Paula Gray admitted that this statement was a lie and that she had seen nothing. As a result, prosecutors charged her in the crimes as well. On appeal, the Illinois Supreme Court reversed Mr. Williams' conviction based on ineffective assistance of counsel by his trial lawyer who had since been disbarred. In preparation for retrial, the prosecution convinced Paula Gray to testify for the prosecution once again. In her testimony, Paula Gray denied that she was receiving anything for her cooperation and claimed that she saw Mr. Williams and the others commit the crimes. Mr. Williams was again convicted, and Paula Gray was released. Many years later, she would again recant her testimony and explain that she had been threatened and coerced by the police to give her initial statement and her subsequent testimony. In the meantime, police notes that had been withheld from the defense showed that the police had received a significant lead just days after the murder from a witness who had seen the killers leaving the scene of the crime. The police never followed up on the lead because they had already committed themselves to charging Mr. Williams and the others. Following up on these notes, journalists interviewed the identified suspects and obtained admissions from two of the real killers, who made it clear that the Ford Heights Four had nothing to do with the crimes. The admissions of these men were corroborated when DNA testing excluded each of the Ford Heights Four and implicated one of the true killers. As a result of this new information, the Cook County State's Attorney dismissed all charges against Mr. Williams and his co-defendants, and obtained convictions of the actual killers. The Governor of Illinois then pardoned the Ford Height Four based on factual innocence. Apologizing to the men for what had been put through, the State's Attorney explained that this case is a "glaring example" of the system's fallibility.
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