Category: Wrongful Conviction

Skakel Denied Bail

Michael Skakel, who was convicted 10 years ago of murdering his Greenwich, Connecticut  neighbor, 15-year-old  Martha Moxley, was recently released from prison after a judge found he was denied the effective assistance of counsel.  The case has achieved notoriety because Mr. Skakel is a Kennedy relative.  Yesterday (Nov. 6, 2013), however, he was refused bail and ordered to return to prison to await a new trial, or an appeal.  On November 6, 2014, the judge who ordered the new trial granted the prosecutor’s motion to deny bail pending appeal or a new trial. The Judge stated that any bail decision should be handled by the new judge who will preside over all subsequent proceedings.

Related Readings

Judge’s Decision
Alison Leigh Cowan, Judge Who Overturned Skakel Murder Conviction Declines Bail Request, N.Y. Times, Nov. 6, 2013.

Damages Award for Wrongful Conviction based on Coerced Confession

In Gristwood v. State of New York, Daniel Gristwood was convicted of the murder of his wife and sentenced to 12.5-25 years.  His original statement was exculpatory, but he later gave a coerced, false confession, which he quickly recanted. He was released after nine years in prison when someone else confessed to the crime. The court awarded damages of $5,485,394.

Gristwood v. State of New York, No. 114040, 2013 N.Y. Slip Op. 50737(U) (N.Y. Ct. Cl. Apr. 4, 2013) (Google Scholar)
Gristwood v. State of New York, No. 114040, 2013 N.Y. Slip Op. 50737(U) (N.Y. Ct. Cl. Apr. 4, 2013) (NY Court of Claims website)

Material Witness Orders: Misuse in NY?

Material witness orders give prosecutors the power to detain uncooperative witnesses in the rare circumstance in which they might flee.  However, recent wrongful conviction cases reveal that NY prosecutors may be misusing such orders to coerce testimony from reluctant witnesses.  The law may be clear but prosecutors may be bypassing the required judicial review, detaining witnesses, and coercing testimony that is ultimately unreliable.

Click here to read more.

FBI Discusses Scope of Review of Convictions Relying on Forensic Hair Analysis

The Federal Bureau of Investigation has undertaken a review of convictions where FBI forensic experts may have exaggerated scientific testimony regarding hair analysis. In other words, agents may have claimed that similarities between compared hairs had much greater significance than was actually warranted by the facts.  How many convictions will be overturned is unknown. The FBI is conducting the review of convictions in conjunction with the Innocence Project and the National Association of Criminal Defense Lawyers.

Read the Washington Post story.

Wrongful Convictions: The Scottish Criminal Cases Review Commission

In her most recent article, Professor Lissa Griffin, of Pace Law School, analyzes the work of the Scottish Criminal Cases Review Commission (SCCRC). The SCCRC is one of only three worldwide  innocence commissions, and labored largely out of the spotlight until it was propelled into controversy with the Scottish government’s intervention in the Lockerbie bombing case.

The article analyzes all of the SCCRC’s cases by comparing them with U.S. wrongful conviction claims as well as with the work of the English Criminal Cases Review Commission (CCRC), the SCCRC’s older sister. There is also an interesting discussion about what particular aspects of Scottish criminal procedure, such as a corroboration requirement and a verdict of “not proven,” that may minimize the risk of wrongful convictions.

Read Prof. Griffin’s full article and let us know what you think.