Saturday, September 11, 2010

FLORIDA INNOCENCE COMMISSION; SLOW START; WILL COMMISSION PROVE TO BE "A PARALYZED SYSTEM OF ANALYSTS?" EXONERATED MAN ASKS

"The Florida group started slowly, spending the first hour in the four-hour meeting debating the wording of its mission statement.

And later the commission deleted a reference in the bylaws to the cases of the 11 exonerated men because members didn't want to declare them innocent without reviewing the cases. "Are they innocent or was there just not sufficient evidence" to convict them again, asked Brad King, the state attorney for the 5th Judicial Circuit.

The slow progress frustrated Alan Crotzer, a former St. Petersburg resident, who was freed in 2006 after 24 1/2 years behind bars for a rape, kidnapping and robbery he didn't commit.

"Please don't let this become a paralyzed system of analysts," he told the commission. "Make it happen. Make it better. Fix it. You have that power now.""

REPORTER JOHN FRANK: ST.PETERSPBURG TIMES; TALLAHASSEE BUREAU;

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BACKGROUND: Chief Justice Charles Canady of Florida's Supreme Court created the Florida Innocence Commission early in July, 2010. The 23-member panel comprised of attorneys, legislators, judges, prosecutors and law enforcement officials is mandated to present a report on criminal justice policy reform and preventing future injustices by June 2011 with final recommendations being presented the following year. Senate President-designate Mike Haridopolos appropriated $200,000 to cover the commission’s expenses and the Florida Bar Foundation approved a $114,862 grant for the commission’s work. There have been 12 DNA exonerations from across Florida to date.

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"TALLAHASSEE — One by one, the names of 11 men wrongfully convicted flashed on a large screen,"
the St. Petersburg Times story by reporter John Frank published earlier today under the heading, "Florida Innocence Commission draws up agenda for reducing wrongful convictions," begins.

"James Bain, 55, watched a room full of judges, lawyers and cops study his case in sobering silence,"
the story continues.

"The Tampa resident spent 35 years in prison for rape before being exonerated with DNA testing nearly a year ago.

"I thought I'd walk right out of (the trial) because I knew they had the wrong person," Bain recalled.

His struggle for justice — complicated by a poor defense lawyer and handwritten appeals — served as a call to action for the Florida Innocence Commission at its first meeting Friday.

"We can recognize that the perfection of justice will always remain an elusive goal," said Florida Supreme Court Chief Justice Charles Canaday, who helped launch the group. "But that reality can never be an excuse for relaxing our efforts to protect the innocent."

The 23-member commission, led by 9th Circuit Chief Judge Bevin Perry Jr., is studying the 11 Florida exonerations to make recommendations on how to prevent wrongful convictions.

A national study of 225 people exonerated through DNA testing conducted by the Innocence Project, an advocacy organization for defendants, helped set the parameters for the commission.

The main factor contributing to false convictions is faulty identifications by eyewitnesses, the study showed. It occurs in more than three-quarters of exonerations.

The other main problems: invalid forensic evidence, false confessions and bad informants.

The panel will address each element at upcoming meetings throughout the state as it prepares a final report, which is due June 2012.

"You see something like that, you have to take a step back," said 18th Judicial Circuit Chief Judge J. Preston Silvernail.

But solutions won't come easy.

Other states with similar commissions have spent six months to a year on the problem of eyewitnesses alone.

The Florida group started slowly, spending the first hour in the four-hour meeting debating the wording of its mission statement.

And later the commission deleted a reference in the bylaws to the cases of the 11 exonerated men because members didn't want to declare them innocent without reviewing the cases. "Are they innocent or was there just not sufficient evidence" to convict them again, asked Brad King, the state attorney for the 5th Judicial Circuit.

The slow progress frustrated Alan Crotzer, a former St. Petersburg resident, who was freed in 2006 after 241/2 years behind bars for a rape, kidnapping and robbery he didn't commit.

"Please don't let this become a paralyzed system of analysts," he told the commission. "Make it happen. Make it better. Fix it. You have that power now.""


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The story can be found at:

http://www.tampabay.com/news/courts/florida-innocence-commission-draws-up-agenda-for-reducing-wrongful/1120810

PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;