softheart
03-12-2005, 07:41 PM
YEAR OF RELEASE: 1973
1. David Keaton Florida Conviction 1971 Charges Dismissed 1973
On the basis of mistaken identification and coerced confessions, Keaton was sentenced to death for murdering an off duty deputy sheriff during a robbery. The State Supreme Court reversed the conviction and granted Keaton a new trial because of newly discovered evidence. Charges were dropped and he was released after the actual killer was identified and convicted. (Keaton v. State, 273 So.2d 385 (1973)).
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1974
2. Samuel A. Poole North Carolina Conviction 1973 Charges Dismissed 1974
After being convicted of first degree burglary and given a mandatory death sentence, Poole had his conviction overturned by the N.C. Supreme Court because the case lacked substantial evidence that Poole was the person who broke into the home. (State v. Poole, 203 S.E.2d 786 (N.C. 1974)).
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1975
3. Wilbert Lee Florida Conviction 1963 Pardoned 1975
4. Freddie Pitts Florida Conviction 1963 Pardoned 1975
Although no physical evidence linked them to the deaths of two white men, Lee and Pitts' guilty pleas, the testimony of an alleged eyewitness, and incompetent defense counsel led to their convictions. The men were sentenced to death but maintained their innocence. After their convictions, another man confessed to the crime, the eyewitness recanted her accusations, and the state Attorney General admitted that the state had unlawfully suppressed evidence. The men were granted a new trial (Pitts v. State 247 So.2d 53 (Fla. 1971)) but were again convicted and sentenced to death. They were released in 1975 when they received a full pardon from Governor Askew, who stated he was "sufficiently convinced that they were innocent." (Florida Times-Union, 4/23/98).
5. James Creamer Georgia Conviction 1973 Charges Dismissed 1975
Creamer was sentenced to death for a murder allegedly committed with six other individuals who were sentenced to life. (Cobb Superior Court, Cobb County, Georgia, Certified record) After an investigation by the Atlanta Constitution, a federal judge declared that the prosecution had withheld and destroyed evidence, a witness admitted she had lied in court, and another man confessed to the crimes (Emmett v. Ricketts, 397 F. Supp 1025 (N.D. Ga. 1975)). The convictions against all seven men were overturned, and charges were later dropped. An appellate judge in a related case stated that all seven individuals in this case were sentenced to life. The Clerk of the Cobb Superior Court has certified that Creamer alone was originally sentenced to death. Creamer was resentenced to life in prison in September 1973.
6. Christopher Spicer North Carolina Convicted 1973 Acquitted 1975
In 1975, a North Carolina jury acquitted Christopher Spicer of the murder of Donnie P. Christian. Spicer was convicted of the crime in September 1973, but the conviction was overturned the following year by the North Carolina Supreme Court. (State v. Spicer, 204 SE 2d 641 (1974)). At Spicer's trial, the State offered the testimony of Charles Pennington, a jailhouse snitch. Although the defense introduced two witnesses who testified that Pennington and Spicer were never cell mates, Pennington testified that Spicer admitted to the crime while he and Spicer shared a cell. After sharing this "confession" with police, Pennington's bond was reduced from $5,000 to $400 and he was released from jail.
In overturning Spicer's conviction, the North Carolina Supreme Court held that the trial judge committed reversible error by not allowing defense counsel to cross examine Pennington "to discover whom the witness was indebted for such favors and to ascertain to what extent the favors colored his testimony against Spicer." Id. at 646. Defense counsel tried to question Pennington as to who was paying the living expenses of Pennington and his wife, neither of whom was working at the time.
The court also found that the trial court committed reversible error when it "succeeded in pressuring the defendant and his counsel into withdrawing the request for an appropriate instruction" with regard to how the jury should scrutinize the testimony of another witness for the State, Bertie Brailford. (Id. at 648). At Spicer's retrial, the jury took only 15 minutes to unanimously acquit him. (Wilmington Morning Star, February 21, 1975).
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1976
7. Thomas Gladish New Mexico Conviction 1974 Charges Dismissed 1976
8. Richard Greer New Mexico Conviction 1974 Charges Dismissed 1976
9. Ronald Keine New Mexico Conviction 1974 Charges Dismissed 1976
10. Clarence Smith New Mexico Conviction 1974 Charges Dismissed 1976
The four were convicted of murder, kidnapping, sodomy, and rape and were sentenced to death. A subsequent investigation by the Detroit News uncovered lies by the prosecution's star witness, perjured identification given under police pressure, and the use of poorly administered lie detector tests. A state district judge dismissed the original indictments and the men were released after the murder weapon was traced to a drifter from South Carolina who admitted to the killing. (Detroit News Magazine, 1/11/76 and Detroit News, 12/16/75).
--------------------------------------------------------------------------1977
11. Delbert Tibbs Florida Conviction 1974 Charges Dismissed 1977
Tibbs was sentenced to death for the rape of a sixteen-year-old white girl and the murder of her companion. Tibbs, a black theological student, was convicted by an all-white jury on the testimony of the female victim whose testimony was uncorroborated and inconsistent with her first description of her assailant. The conviction was overturned by the Florida Supreme Court because the verdict was not supported by the weight of the evidence, and the state decided not to retry the case. Tibbs' former prosecutor said that the original investigation had been tainted from the beginning and that if there was a retrial, he would appear as a witness for Tibbs. (Tibbs v. State, 337 So.2d 788 (Fla. 1976)).
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1978
12. Earl Charles Georgia Conviction 1975 Charges Dismissed 1978
Charles was convicted on two counts of murder and sentenced to death. He was released when evidence was found that substantiated his alibi. (State v. Charles, No. 23,392 (Ga. Super. Ct., 7/5/78)). After an investigation, the district attorney announced that he would not retry the case. Charles won a substantial settlement from city officials for misconduct in the original investigation.
13. Jonathan Treadaway Arizona Conviction 1975 Acquitted 1978
Treadaway was convicted of sodomy and first degree murder of a six-year-old and sentenced to death. The conviction was overturned, and he was acquitted of all charges at retrial by the jury after 5 pathologists testified that the victim probably died of natural causes and that there was no evidence of sodomy. Members of the jury reported noted that prosecutors had failed to prove that Treadaway was even inside the victims' home. (State v. Treadaway, 568 P.2d 1061 (1977))
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1979
14. Gary Beeman Ohio Conviction 1976 Acquitted 1979
Beeman was convicted of aggravated murder and sentenced to death. He maintained that he was innocent and that Claire Liuzzo, an escaped prisoner who testified as the main prosecution witness at Beeman's first trial, was the actual killer. In 1978 the District Court of Appeals granted Beeman a new trial, finding that Beeman's right to cross-examine Liuzzo had been unfairly restricted at his first trial. On retrial five witnesses testified that they heard Liuzzo confess to the murder and Beeman was acquitted.
--------------------------------------------------------------------------1980
15. Jerry Banks Georgia Conviction 1975 Charges Dismissed 1980
Sentenced to death for two counts of murder. Banks' conviction was overturned on the basis of newly discovered evidence which was allegedly known to the state. (Banks v. State, 218 S.E.2d 851 (Ga. 1975)). Banks committed suicide after his wife divorced him. His estate won a settlement from the county for the benefit of his children.
16. Larry Hicks Indiana Conviction 1978 Acquitted 1980
Hicks was convicted on two counts of murder and was sentenced to death. Two weeks prior to his scheduled execution, with the help of a volunteer attorney, Hicks received a stay. The Playboy Foundation became interested in this claim of innocence and supplied funds for a reinvestigation after he passed lie detector tests. At retrial, Hicks was acquitted and released after evidence established Hicks's alibi and showed that eyewitness testimony against him at his original trial was perjured.
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1981
17. Charles Ray Giddens Oklahoma Conviction 1978 Charges Dismissed 1981
Giddens, an 18-year-old black man, was convicted for the murder of a grocery store cashier primarily on the testimony of Johnnie Gray, who claimed he accompanied Giddens to the murder scene. Although Gray was never indicted, Giddens was sentenced to death after an all white jury deliberated for only 15 minutes. Giddens conviction and death sentence reversed by the Oklahoma Court of Criminal Appeals, which found Gray's testimony was unreliable and the evidence against Giddens insufficient. (Giddens v. State, No. F-78-164 (Ct. of Crim. App., 11/17/81)) The charges against Giddens were dropped.
18. Michael Linder South Carolina Conviction 1979 Acquitted 1981
Linder was convicted and sentenced to death for the murder of a highway patrol officer. The prosecution maintained that Linder shot the officer without provocation but Linder insisted that he shot the officer in self-defense after the officer fired six shots at him. At re-trial, previously undisclosed ballistics evidence form a state crime lab confirmed Linder's self-defense theory and Linder was acquitted. (State v. Linder, 278 S.E.2d 335 (S.C. 1981)).
19. Johnny Ross Louisiana Conviction 1975 Charges Dismissed 1981
Ross, a black 16-year old, was convicted and sentenced to death for the rape of a white woman. Ross confessed after being beaten by the police, and his trial lasted only a few hours. Investigations by the Southern Poverty Law Center sought a new trial for Ross and presented evidence that the Ross' blood type was not the same as the type in the semen found in the victim. When presented with this evidence the New Orleans District Attorney's office released Ross. (State v. Ross, 343 So.2d 722 (La. 1977)).
20. Ernest (Shujaa) Graham California Convicted 1976 Acquitted 1981
In November 1973, while incarcerated in a state prison facility, Ernest Graham and co-defendant Eugene Allen were charged with killing a state correctional officer. Graham's first trial resulted in a mistrial when the jury could not agree on a verdict. Graham was sentenced to death in 1976 after his second trial. The Supreme Court of California reversed the conviction because prosecutors improperly used their peremptory challenges to exclude prospective jurors who were black. Graham and Allen, who are both black, "belonged to the group whose members the district attorney had excluded whereas the alleged victim was a member of the group to which [all] of the remaining jurors belong." (People v. Allen, 590 P.2d 30, 34 (Cal.1979) (internal citations omitted)). Graham's third trial ended in another hung jury, and he was acquitted by the jury in his fourth trial. (Phone conversation with now Magistrate-Judge James Larson, October 6, 2003, who represented Graham).
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1982
21. Anibal Jarramillo Florida Conviction 1981 Charges Dismissed 1982
Jarramillo was sentenced to death for two counts of first degree murder, despite the jury's unanimous recommendation of life imprisonment. On appeal, his conviction was reversed when the Florida Supreme Court ruled the evidence used against him was not legally sufficient to support the conviction. (Jarramillo v. State, 417 So.2d 257 (Fla. 1982)). Evidence suggests that the murderer may have been the victims' roommate.
22. Lawyer Johnson Massachusetts Conviction 1971 Charges Dismissed 1982
Johnson, a black man was sentenced to death by an all white jury for the murder of a white victim. In 1982, the charges were dropped when a previously silent eyewitness came forward and identified the state's chief witness as the actual killer. In 1983 a bill was filed to obtain compensation for Johnson's wrongful conviction. (Commonwealth v. Johnson, 429 N.E.2d 726 (1982)).
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1986
23. Anthony Brown Florida Conviction 1983 Acquitted 1986
Brown was convicted of first degree murder and sentenced to death despite a jury recommendation of life imprisonment. At trial, the only evidence against Brown was a co-defendant who was sentenced to life for his part in the crime. At retrial, the co-defendant admitted that his testimony at the first trial had been perjured, and Brown was acquitted. (Brown v. State, 471 So.2d 6 (Fla. 1985)).
24. Neil Ferber Pennsylvania Conviction 1982 Charges Dismissed 1986
Ferber was convicted of first degree murder and sentenced to death. Upon urging by the district attorney, the trial judge ordered a new trial. The charges against Ferber were dropped prior to the retrial when evidence surfaced that the conviction was based on the perjured testimony of a jail-house informant, exculpatory evidence was not disclosed to the defense, and an eyewitness to the crime was positive that Ferber was not the man she saw. Several other prosecutors and a homicide detective were convinced of Ferber's innocence. (Pittsburgh Post-Gazette, 8/18/96).
25. Clifford Henry Bowen Oklahoma Convicted 1981 Charges Dismissed 1986
Bowen was incarcerated in the Oklahoma State Penitentiary under three death sentences for over five years when the U.S. Court of Appeals for the Tenth Circuit finally overturned his conviction in 1986. The Court held that prosecutors in the case failed to disclose information about another suspect, Lee Crowe, and that had the defense known of the Crowe materials, the result of the trial would probably have been different. Crowe resembled Bowen, had greater motive, no alibi, and habitually carried the same gun and unusual ammunition as the murder weapon. Bowen, on the other hand, maintained his innocence, provided twelve alibi witnesses to confirm that he was 300 miles from the crime scene just one hour prior to the crime, and could not be linked by any physical evidence to the crime. (Bowen v. Maynard, 799 F.2d 593 (10th Cir. 1986) and Oklahoma Publishing Co., 7/31/87).
--------------------------------------------------------------------------1987
26. Joseph Green Brown Florida Conviction 1974 Charges Dismissed 1987
Charges were dropped after the 11th Circuit Court of Appeals ruled that the prosecution had knowingly allowed false testimony to be introduced at trial. Brown was convicted of first-degree murder and sentenced to death on the testimony of Ronald Floyd, a co-conspirator who claimed he heard Brown confess to the murder. Floyd later retracted and admitted his testimony was lie. Brown came within 13 hours of execution when a new trial was ordered. Brown was released a year later when the state decided not to retry the case. (Brown v. Wainwright, 785 F.2d 1457 (11th Cir. 1986); Los Angeles Times, 5/10/87; and Charlotte Observer, 3/8/87).
27. Perry Cobb Illinois Conviction 1979 Acquitted 1987
28. Darby (Williams) Tillis Illinois Conviction 1979 Acquitted 1987
After two mistrials because of hung juries, Cobb and Williams were convicted and sentenced to death for the first degree robbery and murder of two white men in 1977. In 1983, the State Supreme Court reversed the convictions, and after several retrials where an assistant state attorney testified that the government's key witness, Phyllis Santini, had told him it was her boyfriend actually committed the murders, Cobb and Williams were acquitted and released. (People v. Cobb, 455 N.E.2d 31 (Ill. 1983) and Chicago Tribune, 1/21/87).
29. Vernon McManus Texas Conviction 1977 Charges Dismissed 1987
After a new trial was ordered, the prosecution dropped the charges when a key prosecution witness refused to testify.
30. Anthony Ray Peek Florida Conviction 1978 Acquitted 1987
Peek was convicted of murder and sentenced to death, despite witnesses who supported his alibi. His conviction was overturned when expert testimony concerning hair identification evidence was shown to be false. He was acquitted at his third retrial. (Peek v. State, 488 So.2d 52 (Fla. 1986)).
31. Juan Ramos Florida Conviction 1983 Acquitted 1987
Despite a jury recommendation of life in prison, Juan Ramos was sentenced to death for rape and murder. No physical evidence linked Ramos to the victim or the scene of the crime. The Florida Supreme Court granted Ramos a new trial because of the prosecution's improper use of evidence. At retrial, Ramos was acquitted. (Ramos v. State, 496 So.2d 121 (Fla. 1986) and St. Petersburg Times, 7/9/99)
32. Robert Wallace Georgia Conviction 1980 Acquitted 1987
Wallace was convicted and sentenced to death for the slaying of a police officer, despite his claim that the shooting was accidental and that he was acting in self-defense because he was beaten by the officers. The 11th Circuit ordered a retrial because Wallace had not been competent to stand trial. He was acquitted at the retrial because it was found that the shooting was accidental. (Wallace v. Kemp, 757 F.2d 1102 (1985) and Associated Press, 6/18/87).
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1988
33. Richard Neal Jones Oklahoma Convicted 1983 Acquitted 1988
Jones was sentenced to death in Oklahoma in 1983. Jones maintains that he was passed out while his three co-defendants murdered Charles Keene. On appeal, the Court of Criminal Appeals of Oklahoma remanded the case for retrial. The Court held the jury was prejudiced by the improper admission of hearsay testimony and inflammatory photographs. The Court also agreed with Jones' assertion that the case should be remanded on the basis of prosecutorial misconduct. Moreover, the Court held, the case was not one in which Jones' guilt was "overwhelming" and that Jones' involvement was disputed by the evidence. (Jones v. State, 738 P.2d 525 (Okla. crim. app. 1987) and Oklahoma Publishing Co., 1/18/88).
34. Willie Brown Florida Conviction 1983 Charges Dismissed 1988
35. Larry Troy Florida Conviction 1983 Charges Dismissed 1988
Brown and Troy were sentenced to death after being accused of fatally stabbing a fellow prisoner. The main witness against them was Frank Wise, whose original statements exonerated the men. Pending retrial, the charges against the men were dropped when Wise admitted that he had perjured himself. (Brown v. State, 515 So.2d 211 (Fla. 1987).
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36. Randall Dale Adams Texas Conviction 1977 Charges Dismissed 1989
Adams was convicted of killing a Dallas Police officer and sentenced to death. After the murder David Harris was arrested for the murder when it was learned that he was bragging about it. Harris, however, claimed that Adams was the killer. Adams trial lawyer was a real estate attorney and the key government witnesses against Adams were Harris and other witnesses who were never subject to cross examination because they disappeared the next day. On appeal, Adams was ordered to be released pending a new trial by the Texas Court of Appeals. The prosecutors did not seek a new trial due to substantial evidence of Adam's innocence. Adams case is the subject of the movie, The Thin Blue Line. (Ex Parte Adams, 768 S.W.2d 281 (Tex. Crim App. 1989), Time, 4/3/89, and ABA Journal, 7/89).
37. Robert Cox Florida Conviction 1988 Charges Dismissed 1989
Cox was convicted and sentenced to death, despite evidence that Cox did not know the victim and no one testified that they had been seen together. In 1989, Cox was released by a unanimous decision of the Florida Supreme Court that the evidence was insufficient to support his conviction. (Cox v. State, 555 So.2d 352 (Fla. 1989)).
38. Timothy Hennis North Carolina Conviction 1986 Acquitted 1989
Hennis, a Staff Sergeant in the U.S. Army was convicted of three counts of murder and sentenced to death. The testimony of the primary witnesses against him were later described by the State Supreme Court as "tenuous" and "extremely tentative." Hennis was granted a retrial because of the inappropriate use of inflammatory evidence by the prosecution. At the retrial, Hennis was acquitted when the defense discredited the witnesses and demonstrated that a neighbor who resembled Hennis could have been the murderer. (State v. Hennis, 372 S.E.2d 523 (N.C. 1988)).
39. James Richardson Florida Conviction 1968 Acquitted 1989
Richardson was convicted and sentenced to death for the poisoning of one of his children. The prosecution argued that Richardson committed the crime to obtain insurance money, despite the fact that no such policy existed. The primary witnesses against Richardson were two jail-house snitches whom Richardson was said to have confessed to. Post-conviction investigation found that the neighbor who was caring for Richardson's children had a prior homicide conviction, and the defense provided affidavits from people to whom he had confessed. Richardson's conviction was overturned after further investigation by then-Dade County State Attorney General Janet Reno, which resulted in a new hearing. (Richardson v. State, 546 So.2d 1037 (1989).
--------------------------------------------------------------------------1990
40. Clarence Brandley Texas Conviction 1981 Charges Dismissed 1990
Brandley was awarded a new trial when evidence showed prosecutorial suppression of exculpatory evidence and perjury by prosecution witnesses. An investigation by the Department of Justice and the FBI uncovered more misconduct, and in 1989 a new trial was granted. Prior to the new trial, all of the charges against Brandley were dropped. Brandley is the subject of the book White Lies by Nick Davies. (Ex Parte Brandley, 781 S.W.2d 886 (Tex. Crim App. 1989),The Dallas Times Herald, 10/2/90, and Washington Post, 2/1/95).
41. John C. Skelton Texas Conviction 1983 Acquitted 1990
Despite several witnesses who testified that he was 800 miles from the scene of the murder, Skelton was convicted and sentenced to death for killing a man by exploding dynamite in his pickup truck. The evidence against him was purely circumstantial and the Texas Court of Criminal Appeals found that it was insufficient to support a guilty verdict. The Court reversed the conviction and entered a directed verdict of acquittal. (Skelton v. State, 795 S.W.2d 162 (Tex. Crim. App. 1989) and The Dallas Morning News, 10/25/90).
42. Dale Johnston Ohio Conviction 1984 Charges Dismissed 1990
Johnston was sentenced to death for the murder of his stepdaughter and her fiancee. His conviction was overturned in 1988 by the Ohio Supreme Court because the prosecution withheld exculpatory evidence from the defense, and because one witness had been hypnotized. The state later dropped charges against Johnston. (State v. Johnson, 529 N.E.2d 898 (Ohio 1988)).
43. Jimmy Lee Mathers Arizona Convicted 1987 Acquitted 1990
Jimmy Lee Mathers was convicted of first degree murder in 1987 and sentenced to death along with two co-defendants. At trial, Mathers moved for a judgment of acquittal at the close of the prosecution's case, maintaining that the state had not presented evidence sufficient to support a conviction. The motion was denied, and all three men were found guilty and sentenced to death. Mathers' case was reviewed by the Arizona Supreme Court in 1990, and viewing the evidence in the light most favorable to the prosecution, the Court found that there was a complete absence of probative facts to support Mathers' conviction. The Court stated that most of the evidence presented at trial had "nothing to do with Mathers" and noted that even the trial judge expressed doubt as to whether Mathers was involved in the crime. The Court set aside Mathers' conviction and sentence and entered a judgment of acquittal. (State v. Mathers, 796 P.2d 866 (Ariz. 1990)) One of Mathers' co-defendants, Theodore Washington, has raised a similar claim about the insufficiency of the evidence against him, but remains on death row.
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1991
44. Gary Nelson Georgia Conviction 1980 Charges Dismissed 1991
Nelson was released after a review of the prosecutor's files revealed that material information had been improperly withheld from the defense. The county district attorney acknowledged: "There is no material element of the state's case in the original trial which has not subsequently been determined to be impeached or contradicted." (Nelson v. Zant, 405 S.E.2d 250 (Ga. 1991) and The Atlanta Journal, 11/7/91).
45. Bradley P. Scott Florida Conviction 1988 Acquitted 1991
Scott was convicted of murder and sentenced to death. His arrest came ten years after the crime, when the evidence corroborating his alibi had been lost. Scott was convicted on the testimony of witnesses whose identifications had been plagued with inconsistencies. On appeal, he was released by the Florida Supreme Court, which found that the evidence used to convict Scott was not sufficient to support a finding of guilt. (Scott v. State, 581 So.2d 887 (Fla. 1991)).
46. Charles Smith Indiana Conviction 1983 Acquitted 1991
Smith was sentenced to death for a street robbery and murder of a woman. The man who claimed to be the getaway driver had his charges dropped in exchange for testifying against Smith. The Indiana Supreme Court overturned his conviction in 1989 because of ineffective assistance of counsel. (Smith v. State, 547 N.E.2d 817 (Ind. 1989). He was acquitted at his re-trial and released in 1991 after presenting evidence that witnesses against him had lied under oath. (information not available at time of DPIC's innocence report) (The Journal-Gazette (Indiana), 5/10/91 and Capitol Report, May/June 1991).
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1992
47. Jay C. Smith Pennsylvania Conviction 1986 Acquitted 1992
Smith, a former high school principal, was convicted of the 1979 murder of 3 people, though his death sentence was later reduced to life. He was freed on Sept. 18, 1992 after the Pennsylvania Supreme Court unanimously ruled that the prosecution had withheld crucial evidence, calling the state's action "egregious" misconduct. (Commonwealth v. Smith, 615 A.2d 321 (Pa. 1992) and Pittsburgh Post-Gazette 9/17/93).
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1993
48. Kirk Bloodsworth Maryland Conviction 1984 Charges Dismissed 1993
Bloodswoth was convicted and sentenced to death for the rape and murder of a young girl. Despite alibi witnesses, he was convicted primarily on the basis of faulty eyewitness identification. When it was discovered that the state failed to disclose exculpatory evidence, Bloodsworth received a new trial, at which he was convicted and given a life sentence. He was released after subsequent DNA testing confirmed his innocence. (The Washington Post, 6/29/93).
49. Federico M. Macias Texas Conviction 1984 Charges Dismissed 1993
Macias was convicted and sentenced to death for the murder of a man during a burglary. Macias was implicated by a co-worker, who in exchange for his testimony was not prosecuted for the murders, and from jail-house informants. Post-conviction investigation by pro bono attorneys discovered substantial evidence of inadequate counsel. A federal district court ordered a new hearing finding that "[t]he errors that occurred in this case are inherent in a system which pays attorneys such a meager amount." Macias's conviction was overturned and a grand jury refused to reindict because of lack of evidence. (Marinez-Macias v. Collins, 810 F Supp. 782 (W.D. Tex. 1991), National Law Journal, 5/20/96, and University of Massachusetts Alumni Magazine, Spring 1994).
50. Walter (Johnny D) McMillian Alabama Conviction 1988 Charges Dismissed 1993
McMillian, a black man, was convicted for the murder of a white female after a trial that lasted only a day and a half. At trial, three witnesses testified against McMillian and the jury ignored multiple alibi witnesses that testified McMillian was at a picnic. Although the jury recommended a life sentence, the judge imposed a sentence of death. Post-conviction investigation by the television show 60 Minutes revealed prosecutorial suppression of exculpatory information and perjury by the state's three witnesses. Macmillan's conviction was overturned by the Alabama Court of Criminal Appeals and prosecutors agreed case had been mishandled. (McMillian v. State, 616 So.2d 933 (Ala. Crim. App. 1993), New York Times, 3/3/93, and ABA Journal 6/93).
51. Gregory R. Wilhoit Oklahoma Conviction 1987 Acquitted 1993
Convicted of killing his estranged wife while she slept. His conviction was overturned and he was released in 1991 when 11 forensic experts testified that a bite mark found on his dead wife did not belong to him. The appeals court also found ineffective assistance of counsel. He was acquitted at a retrial in April, 1993. (Wilhoit v. State, 816 P.2d 545 (Okla. Crim. App. 1991) and The Daily Oklahoman, 4/1/93).
52. James Robison Arizona Conviction 1977 Acquitted 1993
Robison was convicted of murder and conspiracy in 1977 in the death of a reporter, Don Bolles. His conviction was overturned in 1980, but he was recharged with the offense in 1990. He was acquitted at retrial in December, 1993. (State v. Robison, 608 P.2d 44 (Ariz. 1980) and The Dallas Morning News, 12/18/93).
53. Muneer Deeb Texas Conviction 1985 Acquitted 1993
Deeb was originally sentenced to death for allegedly contracting with three hitmen to kill his ex-girlfriend. The hitmen were also convicted and one was sentenced to death. Deeb consistently claimed no involvement in the crime. Deeb's conviction was overturned by the Texas Court of Criminal Appeals in 1991 because improper evidence had been admitted at his first trial. With an experienced defense attorney, Deeb was retried and acquitted in 1993. (Deeb v. State, 815 S.W.2d 692 (Tex. Crim. App. 1991) and The Dallas Morning News, 11/4/93).
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1994
54. Andrew Golden Florida Conviction 1991 Charges Dismissed 1994
Golden, a high school teacher in Florida, was convicted of murdering his wife. His conviction was overturned by the Florida Supreme Court in 1993. The Court held that the state had failed to prove that the victim's death was anything but an accident. Golden was released into the waiting arms of his sons on January 6, 1994. (Golden v. State, 629 So.2d 109 (Fla. 1993)).
55. Joseph Burrows Illinois Conviction 1989 Charges Dismissed 1994
No physical evidence linked Burrows to the murder of William Dulin. The prosecution's two chief witnesses recanted their testimony against Mr. Burrows, and one of them confessed to the murder for which Burrows had been sent to death row. One of the witnesses said he had been coerced by prosecutors and police. Burrows was released in September, 1994, and the Illinois appellate courts have upheld the overturning of his conviction. (People v. Burrows, 665 N.E.2d 1319 (Ill. 1996) and New York Times, 9/12/94).
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1995
56. Adolph Munson Oklahoma Conviction 1985 Acquitted 1995
Munson's conviction was unanimously overturned by Oklahoma's highest criminal appeals court in December, 1994 because the state withheld material evidence tending to exonerate Munson. (State v. Munson, 886 P.2d 999 (Okla. Crim. App. 1994). Some of the forensic evidence at trial was provided by Dr. Ralph Erdmann, who was subsequently convicted of seven felony counts involving misrepresentation of facts in other cases and stripped of his license. Munson was acquitted at a re-trial in April, 1995. (ABA Journal, 12/93, ABA Journal 2/95, and The Oklahoma Observer 4/25/95).
57. Robert Charles Cruz Arizona Conviction 1981 Acquitted 1995
Cruz was charged with planning the killing of two people in Phoenix in 1980. He went through five trials, including two convictions and two mistrials, before his acquittal on June 1, 1995. The chief prosecution witness, a convicted burglar and former drug dealer, was given immunity for his testimony. Another co-defendant, Joyce Lukezic, had been acquitted at re-trial in 1985. (State v. Cruz, 857 P.2d 1249 (Ariz. 1993), and The Arizona Republic, 6/2/95).
58. Rolando Cruz Illinois Conviction 1985 Acquitted 1995
Cruz was sentenced to death for the murder of 10-year-old Jeanine Nicarico. Another man, Brian Dugan, who had already pled guilty to two rapes and murders, including that of an 8-year-old girl, authorized his lawyer to tell the prosecutors that he killed Nicarico. Cruz was convicted at a second trial in 1990, at which Dugan did not testify. In July, 1994, the state Supreme Court overturned Cruz's second conviction. (People v. Cruz, 643 N.E.2d 636 (1994). An assistant state attorney general resigned because she thought the evidence showed Cruz was innocent and thought it wrong to pursue the prosecution. Other law enforcement officials also protested the continued efforts to prosecute Cruz. Cruz was finally acquitted at his retrial in November, 1995. The judge did not even wait for the defense to put on its case before entering a directed verdict of not guilty. (People v. Cruz, 88 CF 2230). Three prosecutors and four law enforcement officers involved with the prosecution of Cruz and his co-defendant (see below) have been indicted for obstruction of justice in this case. (The American Lawyer, 3/98 and National Law Journal 11/20/95).
59. Alejandro Hernandez Illinois Conviction 1985 Charges Dismissed 1995
Hernandez was sentenced to death along with Rolando Cruz for the murder of Jeanine Nicarico in 1983. Hernandez was re-tried in 1990, but the trial ended in a hung jury. A third trial in 1991 resulted in a conviction and an 80 year prison sentence. The conviction was overturned by the Illinois Supreme Court in January, 1995. Only his own indirect statements, not any direct physical evidence, linked Hernandez, who is borderline retarded, to the killing. He was released on bond, and charges were subsequently dropped on Dec. 8, 1995. The man who has confessed to the murder of Jeanine Nicarico, and whose DNA has been linked to the crime, has not been charged in the case. The U.S. Dept. of Justice is considering an investigation into civil rights violations in this case. (People v. Hernandez, 521 N.E.2d 25 (Ill. 1988), Associated Press, 12/8/95, and The National Law Journal, 1/1/96).
60. Sabrina Butler Mississippi Conviction 1990 Acquitted 1995
Butler was sentenced to death for the murder of her nine-month-old child. When she found her baby not breathing, she performed CPR and took him to the hospital. She was interrogated by the police and then prosecuted. Her conviction was overturned by the Mississippi Supreme Court in 1992. (Butler v. State, 608 So.2d 314 (Miss. 1992)). Upon re-trial, she was acquitted on Dec. 17, 1995 after a very brief jury deliberation. It is now believed that the baby may have died either of cystic kidney disease or from sudden infant death syndrome (SIDS).
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1996
61. Verneal Jimerson Illinois Conviction 1985 Charges Dismissed 1996
Jimerson was sentenced to death in 1985 for a murder which occurred in 1978. The chief witness against him was Paula Gray, who has an IQ of 57. In her original story to the police, she did not mention Jimerson. Then she added his name to her account, along with three other names, including Dennis Williams (see #67). She later recanted her entire testimony, saying the police had forced her to lie. The original charges against Jimerson were dismissed, but they were resurrected seven years later when the police offered to drop some charges against Gray if she would implicate Jimerson. Gray's 50 year sentence was converted to 2 years probation. In 1995, the Illinois Supreme Court unanimously reversed Jimerson's conviction, because Gray had been allowed to testify falsely about her bargain. (People v. Jimerson, 652 N.E.2d 278 (Ill. 1995)). Jimerson was released on bond in early 1996, and charges against him were subsequently dropped. (New York Times, 7/3/96)
62. Dennis Williams Illinois Conviction 1979 Charges Dismissed 1996
Williams was convicted, along with three others (including Verneal Jimerson, above), for the murder of a young couple in 1978. After spending 18 years in prison, Williams was released on June 14, 1996 because new evidence pointed to the fact that all four men were wrongly convicted. Much of the investigative work which led to the defendants' release was done by three journalism students. Recent DNA tests indicate that none of the four men were involved in the crime, and another man has confessed to the murder. Charges against Williams, and two others who received lesser sentences in the same case, were dropped on July 2, 1996. Cook County State's Attorney Jack O'Malley apologized to the four wrongly convicted defendants, including Verneal Jimerson, who had also been on death row. (David Protess and Rob Warden, A Promise of Justice (Hyperion 1998) and New York Times, 7/3/96).
63. Roberto Miranda Nevada Conviction 1982 Charges Dismissed 1996
Miranda was released in September 1996 after the prosecution declined to retry him following the reversal of his conviction. Miranda had maintained his innocence through his 14 years on death row. He originally came to the U.S. from Cuba during the Mariel boatlift. Prosecutors originally offered him a plea bargain whereby he would serve as little as 10 years in prison, but he refused because he was innocent. One day after being released from death row with only the clothes on his back and a few belongings, he was incarcerated by the Immigration Service. He was subsequently released pending a deportation hearing. At trial, Miranda had been represented by an attorney with one year's experience who had inherited the case when his colleague died. In overturning his conviction, Clark County Senior District Judge Norman Robison wrote: "The lack of pretrial preparation by trial counsel . . . cannot be justified." (Las Vegas Review-Journal, 9/6/01 and Dallas Morning News 4/23/97)
64. Gary Gauger Illinois Conviction 1993 Charges Dismissed 1996
Gauger was convicted of killing his parents in April, 1993. In September 1994, the trial court judge reduced Gauger's sentence to life imprisonment. In March, 1996, the U.S. District Court overturned his conviction, ruling that authorities never had probable cause to even arrest Gauger or to subject him to 21 hours of intensive questioning. He was released in October, 1996 by the same judge that had sentenced him to die by lethal injection. The prosecution did not challenge his release. (US News and World Report, 11/9/98).
65. Troy Lee Jones California Conviction 1982 Charges Dismissed 1996
The California Supreme Court ruled in June, 1996 that Jones should have a new trial because he was not adequately defended at his original trial for the murder of Carolyn Grayson in 1981 (In re Troy Lee Jones on Habeas Corpus, 917 P.2d 1175 (1996)). The Court found that the defense attorney failed to conduct an adequate pretrial investigation, speak with possible witnesses, obtain a relevant police report, or seek pretrial investigative funds. Moreover, the attorney elicited damaging testimony against his own client during cross examination of a witness. The prosecution announced that it was dropping all charges against Jones in November, 1996, after he had been on death row for 14 years. (Associated Press, 11/19/96).
66. Carl Lawson Illinois Conviction 1990 Acquitted 1996
Lawson was convicted of killing Terrence Jones in a family dispute. He was tried three times. The first trial resulted in a conviction and death sentence, but that conviction was overturned in part because Lawson's public defender had been an assistant State's Attorney when Lawson was arrested. (Illinois v. Lawson, 644 N.E.2d 1172 (1994). The second trial resulted in a hung jury, reportedly 11-1 for acquittal. Nevertheless, the prosecutors tried Lawson again and again sought the death penalty. This last trial produced an acquittal and Lawson was freed on December 12, 1996. On August 1, 2002, Illinois Governor George Ryan issued a pardon to Lawson based on innocence. (St. Louis Dispatch, 4/12/98 and Chicago Tribune, 8/1/02).
67. David Wayne Grannis Arizona Convicted 1991 Charges Dismissed 1996
On November 6, 1996, Pima County, Arizona, Superior Court Judge Bernardo Valesco dismissed the murder charges against David Wayne Grannis, and he was freed. (Arizona Daily Star, Nov. 7, 1996). Grannis was sentenced to death in 1991 for first degree murder, but his conviction was overturned and remanded for a new trial in July 1995 by the Supreme Court of Arizona. (State v. Grannis, 900 P.2d 1 (Az. 1995)). At trial, Grannis testified that he and his co-defendant, Daniel Webster were hitchhiking and were picked up by the victim, Richard Sutcliffe. Sutcliffe offered the men a place to stay. Although the state argued that Grannis and Webster killed Sutcliffe in the course of robbing him or burglarizing his home, Grannis testified that he did not know Sutcliffe was dead until he was arrested.
Grannis testified that he was sexually propositioned by Sutcliffe, who became aggressive. Grannis stated that his screams awakened Webster, who killed Sutcliffe after Grannis ran out of the house. At trial, Webster's friend, Eva Marie Lopez, stated that she "overheard Webster bragging to [her cousin] Baker about committing a murder. In addition, she testified that she heard Webster tell Baker that he (Webster) killed someone and that he liked the feeling it gave him." (Id. at 4).
At trial, the state offered into evidence photos depicting homosexual activity that were found in Grannis' room at the time of his arrest. In overturning the conviction, the Arizona Supreme Court held that the photos were "marginally relevant" and that the trial court abused its discretion in admitting them. The Court stated that the probative value of the photos was substantially outweighed by the danger of unfair prejudice. "The jurors' verdict may well have been improperly influenced by their revulsion and not entirely based on a belief that the state proved the elements of the crime." (Id. at 6). Although Webster was again convicted for Sutcliffe's murder, the charges against Grannis were dismissed at retrial because of insufficient evidence.
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1997
68. Ricardo Aldape Guerra Texas Conviction 1982 Charges Dismissed 1997
Guerra was sentenced to death for the murder of a police officer in Houston. Federal District Judge Kenneth Hoyt ruled on Nov. 15, 1994 that Guerra should either be retried in 30 days or released, stating that the actions of the police and prosecutors in this case were "outrageous," "intentional" and "done in bad faith." He further said that their misconduct "was designed and calculated to obtain . . . another 'notch in their guns.'" (Guerra v. Collins, 916 F. Supp. 620 (S.D. Texas, 1995)). Judge Hoyt's ruling was unanimously upheld by the U.S. Court of Appeals. (Guerra v. Johnson, 90 F.3d 1075 (5th Cir. Tex. 1996)). Although Guerra was granted a new trial, Houston District Attorney Johnny Holmes dropped charges on April 16, 1997 instead. Guerra returned to his native Mexico. (New York Times, 4/17/97).
69. Benjamin Harris Washington Conviction 1985 Charges Dismissed 1997
On March 2, 1994, U.S. District Judge Robert Bryan overturned Harris' conviction and vacated his sentence of death for the 1984 murder of Jimmy Turner on the basis that his original trial lawyer had been incompetent. Harris's attorney interviewed only 3 of the 32 witnesses listed in police reports and spent less than 2 hours consulting with Harris before trial. Harris's co-defendant was acquitted. Bryan ordered Harris released from custody if not brought to a speedy retrial. (Harris by & Through Ramseyer v. Blodgett, 853 F. Supp. 1239 (W.D. Wash. 1994)). The decision was upheld by the 9th Circuit Court of Appeals on September 12, 1995. (Harris by & Through Ramseyer v. Wood, 64 F.3d 1432 (9th Cir. Wash. 1995)). The prosecution decided not to retry Harris but tried to have him confined as insane. (They had previously argued that he was competent to stand trial.) On July 16, 1997, a jury decided that Harris should not be imprisoned at Western State Hospital. Harris maintains his innocence and says he was framed. (The Seattle Times, 8/19/97).
70. Robert Hayes Florida Conviction 1991 Acquitted 1997
Hayes was convicted of the rape and murder of a co-worker based partly on faulty DNA evidence. The Florida Supreme Court threw out Hayes's conviction and the DNA evidence in 1995 (Hayes v. Florida, 660 So. 2d 257 (1995)). The victim had been found clutching hairs probably from her assailant. The hairs were from a white man, whereas Hayes is black. Hayes was acquitted at a retrial in July, 1997. (Ft. Lauderdale Sun Sentinel, 7/17/97).
71. Randall Padgett Alabama Conviction 1992 Acquitted 1997
Padgett was convicted of murdering his estranged wife in 1990 and was sentenced to death. The conviction was overturned by the Alabama Court of Criminal Appeals in 1995 (Padgett v. Alabama, 668 So. 2d 78 (1995)). In October, 1997, Padgett was acquitted of all charges at a retrial. There was some evidence presented that another woman had committed the crime. Padgett's brothers, children and other relatives burst into tears when the foreman read the not guilty verdict. (The Gadsden Times, 10/3/97).
72. James "Bo" Cochran Alabama Convicted 1976 Acquitted 1997
Bo Cochran was convicted in 1982 of the murder of a Stephen Ganey, the assistant manger of a grocery store. Upon his conviction, Cochran told the judge, "I did not kill Mr. Ganey. . . . When will I get justice in the courtroom?" (Birmingham Post-Herald, December 2001). The 1982 trial was Cochran's third trial. His first trial ended in a mistrial, and the second trial, which resulted in a conviction, was reversed and remanded for a new trial after the U.S. Supreme Court overturned Alabama's death penalty statute (Cochran v. Herring, 43 F.3d 1404, 1404 n.1 (11th Cir. 1995). The 1982 conviction was also overturned. The U.S. Court of Appeals for the Eleventh Circuit upheld a District Court's decision to overturn the conviction, stating that "in [Cochran's] 1982 trial race was a determining factor in the prosecution's exercise of its peremptory challenges (Id. at 1411 (internal citations omitted)). Cochran, who is black, was being tried for the murder of a white person, and the Eleventh Circuit found that during Cochran's previous trials, the district attorney's office that prosecuted his case had used an informal practice in peremptory challenges of striking black jurors based on their race. The Eleventh Circuit ordered a new trial for Cochran in 1995. Cochran was retried in 1997 and acquitted by the jury not only of capital murder but also of all lesser included offenses. At re-trial, defense attorney Richard Jaffe pointed out to jurors that there were no eyewitnesses to the murder and that it would have been impossible for Cochran to move the victim's body under a trailer in a nearby mobile home park while being chased by police. (Birmingham Post-Herald, December 2001).
Source: Death Penalty Information Center.
1. David Keaton Florida Conviction 1971 Charges Dismissed 1973
On the basis of mistaken identification and coerced confessions, Keaton was sentenced to death for murdering an off duty deputy sheriff during a robbery. The State Supreme Court reversed the conviction and granted Keaton a new trial because of newly discovered evidence. Charges were dropped and he was released after the actual killer was identified and convicted. (Keaton v. State, 273 So.2d 385 (1973)).
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1974
2. Samuel A. Poole North Carolina Conviction 1973 Charges Dismissed 1974
After being convicted of first degree burglary and given a mandatory death sentence, Poole had his conviction overturned by the N.C. Supreme Court because the case lacked substantial evidence that Poole was the person who broke into the home. (State v. Poole, 203 S.E.2d 786 (N.C. 1974)).
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1975
3. Wilbert Lee Florida Conviction 1963 Pardoned 1975
4. Freddie Pitts Florida Conviction 1963 Pardoned 1975
Although no physical evidence linked them to the deaths of two white men, Lee and Pitts' guilty pleas, the testimony of an alleged eyewitness, and incompetent defense counsel led to their convictions. The men were sentenced to death but maintained their innocence. After their convictions, another man confessed to the crime, the eyewitness recanted her accusations, and the state Attorney General admitted that the state had unlawfully suppressed evidence. The men were granted a new trial (Pitts v. State 247 So.2d 53 (Fla. 1971)) but were again convicted and sentenced to death. They were released in 1975 when they received a full pardon from Governor Askew, who stated he was "sufficiently convinced that they were innocent." (Florida Times-Union, 4/23/98).
5. James Creamer Georgia Conviction 1973 Charges Dismissed 1975
Creamer was sentenced to death for a murder allegedly committed with six other individuals who were sentenced to life. (Cobb Superior Court, Cobb County, Georgia, Certified record) After an investigation by the Atlanta Constitution, a federal judge declared that the prosecution had withheld and destroyed evidence, a witness admitted she had lied in court, and another man confessed to the crimes (Emmett v. Ricketts, 397 F. Supp 1025 (N.D. Ga. 1975)). The convictions against all seven men were overturned, and charges were later dropped. An appellate judge in a related case stated that all seven individuals in this case were sentenced to life. The Clerk of the Cobb Superior Court has certified that Creamer alone was originally sentenced to death. Creamer was resentenced to life in prison in September 1973.
6. Christopher Spicer North Carolina Convicted 1973 Acquitted 1975
In 1975, a North Carolina jury acquitted Christopher Spicer of the murder of Donnie P. Christian. Spicer was convicted of the crime in September 1973, but the conviction was overturned the following year by the North Carolina Supreme Court. (State v. Spicer, 204 SE 2d 641 (1974)). At Spicer's trial, the State offered the testimony of Charles Pennington, a jailhouse snitch. Although the defense introduced two witnesses who testified that Pennington and Spicer were never cell mates, Pennington testified that Spicer admitted to the crime while he and Spicer shared a cell. After sharing this "confession" with police, Pennington's bond was reduced from $5,000 to $400 and he was released from jail.
In overturning Spicer's conviction, the North Carolina Supreme Court held that the trial judge committed reversible error by not allowing defense counsel to cross examine Pennington "to discover whom the witness was indebted for such favors and to ascertain to what extent the favors colored his testimony against Spicer." Id. at 646. Defense counsel tried to question Pennington as to who was paying the living expenses of Pennington and his wife, neither of whom was working at the time.
The court also found that the trial court committed reversible error when it "succeeded in pressuring the defendant and his counsel into withdrawing the request for an appropriate instruction" with regard to how the jury should scrutinize the testimony of another witness for the State, Bertie Brailford. (Id. at 648). At Spicer's retrial, the jury took only 15 minutes to unanimously acquit him. (Wilmington Morning Star, February 21, 1975).
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1976
7. Thomas Gladish New Mexico Conviction 1974 Charges Dismissed 1976
8. Richard Greer New Mexico Conviction 1974 Charges Dismissed 1976
9. Ronald Keine New Mexico Conviction 1974 Charges Dismissed 1976
10. Clarence Smith New Mexico Conviction 1974 Charges Dismissed 1976
The four were convicted of murder, kidnapping, sodomy, and rape and were sentenced to death. A subsequent investigation by the Detroit News uncovered lies by the prosecution's star witness, perjured identification given under police pressure, and the use of poorly administered lie detector tests. A state district judge dismissed the original indictments and the men were released after the murder weapon was traced to a drifter from South Carolina who admitted to the killing. (Detroit News Magazine, 1/11/76 and Detroit News, 12/16/75).
--------------------------------------------------------------------------1977
11. Delbert Tibbs Florida Conviction 1974 Charges Dismissed 1977
Tibbs was sentenced to death for the rape of a sixteen-year-old white girl and the murder of her companion. Tibbs, a black theological student, was convicted by an all-white jury on the testimony of the female victim whose testimony was uncorroborated and inconsistent with her first description of her assailant. The conviction was overturned by the Florida Supreme Court because the verdict was not supported by the weight of the evidence, and the state decided not to retry the case. Tibbs' former prosecutor said that the original investigation had been tainted from the beginning and that if there was a retrial, he would appear as a witness for Tibbs. (Tibbs v. State, 337 So.2d 788 (Fla. 1976)).
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1978
12. Earl Charles Georgia Conviction 1975 Charges Dismissed 1978
Charles was convicted on two counts of murder and sentenced to death. He was released when evidence was found that substantiated his alibi. (State v. Charles, No. 23,392 (Ga. Super. Ct., 7/5/78)). After an investigation, the district attorney announced that he would not retry the case. Charles won a substantial settlement from city officials for misconduct in the original investigation.
13. Jonathan Treadaway Arizona Conviction 1975 Acquitted 1978
Treadaway was convicted of sodomy and first degree murder of a six-year-old and sentenced to death. The conviction was overturned, and he was acquitted of all charges at retrial by the jury after 5 pathologists testified that the victim probably died of natural causes and that there was no evidence of sodomy. Members of the jury reported noted that prosecutors had failed to prove that Treadaway was even inside the victims' home. (State v. Treadaway, 568 P.2d 1061 (1977))
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1979
14. Gary Beeman Ohio Conviction 1976 Acquitted 1979
Beeman was convicted of aggravated murder and sentenced to death. He maintained that he was innocent and that Claire Liuzzo, an escaped prisoner who testified as the main prosecution witness at Beeman's first trial, was the actual killer. In 1978 the District Court of Appeals granted Beeman a new trial, finding that Beeman's right to cross-examine Liuzzo had been unfairly restricted at his first trial. On retrial five witnesses testified that they heard Liuzzo confess to the murder and Beeman was acquitted.
--------------------------------------------------------------------------1980
15. Jerry Banks Georgia Conviction 1975 Charges Dismissed 1980
Sentenced to death for two counts of murder. Banks' conviction was overturned on the basis of newly discovered evidence which was allegedly known to the state. (Banks v. State, 218 S.E.2d 851 (Ga. 1975)). Banks committed suicide after his wife divorced him. His estate won a settlement from the county for the benefit of his children.
16. Larry Hicks Indiana Conviction 1978 Acquitted 1980
Hicks was convicted on two counts of murder and was sentenced to death. Two weeks prior to his scheduled execution, with the help of a volunteer attorney, Hicks received a stay. The Playboy Foundation became interested in this claim of innocence and supplied funds for a reinvestigation after he passed lie detector tests. At retrial, Hicks was acquitted and released after evidence established Hicks's alibi and showed that eyewitness testimony against him at his original trial was perjured.
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1981
17. Charles Ray Giddens Oklahoma Conviction 1978 Charges Dismissed 1981
Giddens, an 18-year-old black man, was convicted for the murder of a grocery store cashier primarily on the testimony of Johnnie Gray, who claimed he accompanied Giddens to the murder scene. Although Gray was never indicted, Giddens was sentenced to death after an all white jury deliberated for only 15 minutes. Giddens conviction and death sentence reversed by the Oklahoma Court of Criminal Appeals, which found Gray's testimony was unreliable and the evidence against Giddens insufficient. (Giddens v. State, No. F-78-164 (Ct. of Crim. App., 11/17/81)) The charges against Giddens were dropped.
18. Michael Linder South Carolina Conviction 1979 Acquitted 1981
Linder was convicted and sentenced to death for the murder of a highway patrol officer. The prosecution maintained that Linder shot the officer without provocation but Linder insisted that he shot the officer in self-defense after the officer fired six shots at him. At re-trial, previously undisclosed ballistics evidence form a state crime lab confirmed Linder's self-defense theory and Linder was acquitted. (State v. Linder, 278 S.E.2d 335 (S.C. 1981)).
19. Johnny Ross Louisiana Conviction 1975 Charges Dismissed 1981
Ross, a black 16-year old, was convicted and sentenced to death for the rape of a white woman. Ross confessed after being beaten by the police, and his trial lasted only a few hours. Investigations by the Southern Poverty Law Center sought a new trial for Ross and presented evidence that the Ross' blood type was not the same as the type in the semen found in the victim. When presented with this evidence the New Orleans District Attorney's office released Ross. (State v. Ross, 343 So.2d 722 (La. 1977)).
20. Ernest (Shujaa) Graham California Convicted 1976 Acquitted 1981
In November 1973, while incarcerated in a state prison facility, Ernest Graham and co-defendant Eugene Allen were charged with killing a state correctional officer. Graham's first trial resulted in a mistrial when the jury could not agree on a verdict. Graham was sentenced to death in 1976 after his second trial. The Supreme Court of California reversed the conviction because prosecutors improperly used their peremptory challenges to exclude prospective jurors who were black. Graham and Allen, who are both black, "belonged to the group whose members the district attorney had excluded whereas the alleged victim was a member of the group to which [all] of the remaining jurors belong." (People v. Allen, 590 P.2d 30, 34 (Cal.1979) (internal citations omitted)). Graham's third trial ended in another hung jury, and he was acquitted by the jury in his fourth trial. (Phone conversation with now Magistrate-Judge James Larson, October 6, 2003, who represented Graham).
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1982
21. Anibal Jarramillo Florida Conviction 1981 Charges Dismissed 1982
Jarramillo was sentenced to death for two counts of first degree murder, despite the jury's unanimous recommendation of life imprisonment. On appeal, his conviction was reversed when the Florida Supreme Court ruled the evidence used against him was not legally sufficient to support the conviction. (Jarramillo v. State, 417 So.2d 257 (Fla. 1982)). Evidence suggests that the murderer may have been the victims' roommate.
22. Lawyer Johnson Massachusetts Conviction 1971 Charges Dismissed 1982
Johnson, a black man was sentenced to death by an all white jury for the murder of a white victim. In 1982, the charges were dropped when a previously silent eyewitness came forward and identified the state's chief witness as the actual killer. In 1983 a bill was filed to obtain compensation for Johnson's wrongful conviction. (Commonwealth v. Johnson, 429 N.E.2d 726 (1982)).
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1986
23. Anthony Brown Florida Conviction 1983 Acquitted 1986
Brown was convicted of first degree murder and sentenced to death despite a jury recommendation of life imprisonment. At trial, the only evidence against Brown was a co-defendant who was sentenced to life for his part in the crime. At retrial, the co-defendant admitted that his testimony at the first trial had been perjured, and Brown was acquitted. (Brown v. State, 471 So.2d 6 (Fla. 1985)).
24. Neil Ferber Pennsylvania Conviction 1982 Charges Dismissed 1986
Ferber was convicted of first degree murder and sentenced to death. Upon urging by the district attorney, the trial judge ordered a new trial. The charges against Ferber were dropped prior to the retrial when evidence surfaced that the conviction was based on the perjured testimony of a jail-house informant, exculpatory evidence was not disclosed to the defense, and an eyewitness to the crime was positive that Ferber was not the man she saw. Several other prosecutors and a homicide detective were convinced of Ferber's innocence. (Pittsburgh Post-Gazette, 8/18/96).
25. Clifford Henry Bowen Oklahoma Convicted 1981 Charges Dismissed 1986
Bowen was incarcerated in the Oklahoma State Penitentiary under three death sentences for over five years when the U.S. Court of Appeals for the Tenth Circuit finally overturned his conviction in 1986. The Court held that prosecutors in the case failed to disclose information about another suspect, Lee Crowe, and that had the defense known of the Crowe materials, the result of the trial would probably have been different. Crowe resembled Bowen, had greater motive, no alibi, and habitually carried the same gun and unusual ammunition as the murder weapon. Bowen, on the other hand, maintained his innocence, provided twelve alibi witnesses to confirm that he was 300 miles from the crime scene just one hour prior to the crime, and could not be linked by any physical evidence to the crime. (Bowen v. Maynard, 799 F.2d 593 (10th Cir. 1986) and Oklahoma Publishing Co., 7/31/87).
--------------------------------------------------------------------------1987
26. Joseph Green Brown Florida Conviction 1974 Charges Dismissed 1987
Charges were dropped after the 11th Circuit Court of Appeals ruled that the prosecution had knowingly allowed false testimony to be introduced at trial. Brown was convicted of first-degree murder and sentenced to death on the testimony of Ronald Floyd, a co-conspirator who claimed he heard Brown confess to the murder. Floyd later retracted and admitted his testimony was lie. Brown came within 13 hours of execution when a new trial was ordered. Brown was released a year later when the state decided not to retry the case. (Brown v. Wainwright, 785 F.2d 1457 (11th Cir. 1986); Los Angeles Times, 5/10/87; and Charlotte Observer, 3/8/87).
27. Perry Cobb Illinois Conviction 1979 Acquitted 1987
28. Darby (Williams) Tillis Illinois Conviction 1979 Acquitted 1987
After two mistrials because of hung juries, Cobb and Williams were convicted and sentenced to death for the first degree robbery and murder of two white men in 1977. In 1983, the State Supreme Court reversed the convictions, and after several retrials where an assistant state attorney testified that the government's key witness, Phyllis Santini, had told him it was her boyfriend actually committed the murders, Cobb and Williams were acquitted and released. (People v. Cobb, 455 N.E.2d 31 (Ill. 1983) and Chicago Tribune, 1/21/87).
29. Vernon McManus Texas Conviction 1977 Charges Dismissed 1987
After a new trial was ordered, the prosecution dropped the charges when a key prosecution witness refused to testify.
30. Anthony Ray Peek Florida Conviction 1978 Acquitted 1987
Peek was convicted of murder and sentenced to death, despite witnesses who supported his alibi. His conviction was overturned when expert testimony concerning hair identification evidence was shown to be false. He was acquitted at his third retrial. (Peek v. State, 488 So.2d 52 (Fla. 1986)).
31. Juan Ramos Florida Conviction 1983 Acquitted 1987
Despite a jury recommendation of life in prison, Juan Ramos was sentenced to death for rape and murder. No physical evidence linked Ramos to the victim or the scene of the crime. The Florida Supreme Court granted Ramos a new trial because of the prosecution's improper use of evidence. At retrial, Ramos was acquitted. (Ramos v. State, 496 So.2d 121 (Fla. 1986) and St. Petersburg Times, 7/9/99)
32. Robert Wallace Georgia Conviction 1980 Acquitted 1987
Wallace was convicted and sentenced to death for the slaying of a police officer, despite his claim that the shooting was accidental and that he was acting in self-defense because he was beaten by the officers. The 11th Circuit ordered a retrial because Wallace had not been competent to stand trial. He was acquitted at the retrial because it was found that the shooting was accidental. (Wallace v. Kemp, 757 F.2d 1102 (1985) and Associated Press, 6/18/87).
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1988
33. Richard Neal Jones Oklahoma Convicted 1983 Acquitted 1988
Jones was sentenced to death in Oklahoma in 1983. Jones maintains that he was passed out while his three co-defendants murdered Charles Keene. On appeal, the Court of Criminal Appeals of Oklahoma remanded the case for retrial. The Court held the jury was prejudiced by the improper admission of hearsay testimony and inflammatory photographs. The Court also agreed with Jones' assertion that the case should be remanded on the basis of prosecutorial misconduct. Moreover, the Court held, the case was not one in which Jones' guilt was "overwhelming" and that Jones' involvement was disputed by the evidence. (Jones v. State, 738 P.2d 525 (Okla. crim. app. 1987) and Oklahoma Publishing Co., 1/18/88).
34. Willie Brown Florida Conviction 1983 Charges Dismissed 1988
35. Larry Troy Florida Conviction 1983 Charges Dismissed 1988
Brown and Troy were sentenced to death after being accused of fatally stabbing a fellow prisoner. The main witness against them was Frank Wise, whose original statements exonerated the men. Pending retrial, the charges against the men were dropped when Wise admitted that he had perjured himself. (Brown v. State, 515 So.2d 211 (Fla. 1987).
--------------------------------------------------------------------------1989
36. Randall Dale Adams Texas Conviction 1977 Charges Dismissed 1989
Adams was convicted of killing a Dallas Police officer and sentenced to death. After the murder David Harris was arrested for the murder when it was learned that he was bragging about it. Harris, however, claimed that Adams was the killer. Adams trial lawyer was a real estate attorney and the key government witnesses against Adams were Harris and other witnesses who were never subject to cross examination because they disappeared the next day. On appeal, Adams was ordered to be released pending a new trial by the Texas Court of Appeals. The prosecutors did not seek a new trial due to substantial evidence of Adam's innocence. Adams case is the subject of the movie, The Thin Blue Line. (Ex Parte Adams, 768 S.W.2d 281 (Tex. Crim App. 1989), Time, 4/3/89, and ABA Journal, 7/89).
37. Robert Cox Florida Conviction 1988 Charges Dismissed 1989
Cox was convicted and sentenced to death, despite evidence that Cox did not know the victim and no one testified that they had been seen together. In 1989, Cox was released by a unanimous decision of the Florida Supreme Court that the evidence was insufficient to support his conviction. (Cox v. State, 555 So.2d 352 (Fla. 1989)).
38. Timothy Hennis North Carolina Conviction 1986 Acquitted 1989
Hennis, a Staff Sergeant in the U.S. Army was convicted of three counts of murder and sentenced to death. The testimony of the primary witnesses against him were later described by the State Supreme Court as "tenuous" and "extremely tentative." Hennis was granted a retrial because of the inappropriate use of inflammatory evidence by the prosecution. At the retrial, Hennis was acquitted when the defense discredited the witnesses and demonstrated that a neighbor who resembled Hennis could have been the murderer. (State v. Hennis, 372 S.E.2d 523 (N.C. 1988)).
39. James Richardson Florida Conviction 1968 Acquitted 1989
Richardson was convicted and sentenced to death for the poisoning of one of his children. The prosecution argued that Richardson committed the crime to obtain insurance money, despite the fact that no such policy existed. The primary witnesses against Richardson were two jail-house snitches whom Richardson was said to have confessed to. Post-conviction investigation found that the neighbor who was caring for Richardson's children had a prior homicide conviction, and the defense provided affidavits from people to whom he had confessed. Richardson's conviction was overturned after further investigation by then-Dade County State Attorney General Janet Reno, which resulted in a new hearing. (Richardson v. State, 546 So.2d 1037 (1989).
--------------------------------------------------------------------------1990
40. Clarence Brandley Texas Conviction 1981 Charges Dismissed 1990
Brandley was awarded a new trial when evidence showed prosecutorial suppression of exculpatory evidence and perjury by prosecution witnesses. An investigation by the Department of Justice and the FBI uncovered more misconduct, and in 1989 a new trial was granted. Prior to the new trial, all of the charges against Brandley were dropped. Brandley is the subject of the book White Lies by Nick Davies. (Ex Parte Brandley, 781 S.W.2d 886 (Tex. Crim App. 1989),The Dallas Times Herald, 10/2/90, and Washington Post, 2/1/95).
41. John C. Skelton Texas Conviction 1983 Acquitted 1990
Despite several witnesses who testified that he was 800 miles from the scene of the murder, Skelton was convicted and sentenced to death for killing a man by exploding dynamite in his pickup truck. The evidence against him was purely circumstantial and the Texas Court of Criminal Appeals found that it was insufficient to support a guilty verdict. The Court reversed the conviction and entered a directed verdict of acquittal. (Skelton v. State, 795 S.W.2d 162 (Tex. Crim. App. 1989) and The Dallas Morning News, 10/25/90).
42. Dale Johnston Ohio Conviction 1984 Charges Dismissed 1990
Johnston was sentenced to death for the murder of his stepdaughter and her fiancee. His conviction was overturned in 1988 by the Ohio Supreme Court because the prosecution withheld exculpatory evidence from the defense, and because one witness had been hypnotized. The state later dropped charges against Johnston. (State v. Johnson, 529 N.E.2d 898 (Ohio 1988)).
43. Jimmy Lee Mathers Arizona Convicted 1987 Acquitted 1990
Jimmy Lee Mathers was convicted of first degree murder in 1987 and sentenced to death along with two co-defendants. At trial, Mathers moved for a judgment of acquittal at the close of the prosecution's case, maintaining that the state had not presented evidence sufficient to support a conviction. The motion was denied, and all three men were found guilty and sentenced to death. Mathers' case was reviewed by the Arizona Supreme Court in 1990, and viewing the evidence in the light most favorable to the prosecution, the Court found that there was a complete absence of probative facts to support Mathers' conviction. The Court stated that most of the evidence presented at trial had "nothing to do with Mathers" and noted that even the trial judge expressed doubt as to whether Mathers was involved in the crime. The Court set aside Mathers' conviction and sentence and entered a judgment of acquittal. (State v. Mathers, 796 P.2d 866 (Ariz. 1990)) One of Mathers' co-defendants, Theodore Washington, has raised a similar claim about the insufficiency of the evidence against him, but remains on death row.
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1991
44. Gary Nelson Georgia Conviction 1980 Charges Dismissed 1991
Nelson was released after a review of the prosecutor's files revealed that material information had been improperly withheld from the defense. The county district attorney acknowledged: "There is no material element of the state's case in the original trial which has not subsequently been determined to be impeached or contradicted." (Nelson v. Zant, 405 S.E.2d 250 (Ga. 1991) and The Atlanta Journal, 11/7/91).
45. Bradley P. Scott Florida Conviction 1988 Acquitted 1991
Scott was convicted of murder and sentenced to death. His arrest came ten years after the crime, when the evidence corroborating his alibi had been lost. Scott was convicted on the testimony of witnesses whose identifications had been plagued with inconsistencies. On appeal, he was released by the Florida Supreme Court, which found that the evidence used to convict Scott was not sufficient to support a finding of guilt. (Scott v. State, 581 So.2d 887 (Fla. 1991)).
46. Charles Smith Indiana Conviction 1983 Acquitted 1991
Smith was sentenced to death for a street robbery and murder of a woman. The man who claimed to be the getaway driver had his charges dropped in exchange for testifying against Smith. The Indiana Supreme Court overturned his conviction in 1989 because of ineffective assistance of counsel. (Smith v. State, 547 N.E.2d 817 (Ind. 1989). He was acquitted at his re-trial and released in 1991 after presenting evidence that witnesses against him had lied under oath. (information not available at time of DPIC's innocence report) (The Journal-Gazette (Indiana), 5/10/91 and Capitol Report, May/June 1991).
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1992
47. Jay C. Smith Pennsylvania Conviction 1986 Acquitted 1992
Smith, a former high school principal, was convicted of the 1979 murder of 3 people, though his death sentence was later reduced to life. He was freed on Sept. 18, 1992 after the Pennsylvania Supreme Court unanimously ruled that the prosecution had withheld crucial evidence, calling the state's action "egregious" misconduct. (Commonwealth v. Smith, 615 A.2d 321 (Pa. 1992) and Pittsburgh Post-Gazette 9/17/93).
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1993
48. Kirk Bloodsworth Maryland Conviction 1984 Charges Dismissed 1993
Bloodswoth was convicted and sentenced to death for the rape and murder of a young girl. Despite alibi witnesses, he was convicted primarily on the basis of faulty eyewitness identification. When it was discovered that the state failed to disclose exculpatory evidence, Bloodsworth received a new trial, at which he was convicted and given a life sentence. He was released after subsequent DNA testing confirmed his innocence. (The Washington Post, 6/29/93).
49. Federico M. Macias Texas Conviction 1984 Charges Dismissed 1993
Macias was convicted and sentenced to death for the murder of a man during a burglary. Macias was implicated by a co-worker, who in exchange for his testimony was not prosecuted for the murders, and from jail-house informants. Post-conviction investigation by pro bono attorneys discovered substantial evidence of inadequate counsel. A federal district court ordered a new hearing finding that "[t]he errors that occurred in this case are inherent in a system which pays attorneys such a meager amount." Macias's conviction was overturned and a grand jury refused to reindict because of lack of evidence. (Marinez-Macias v. Collins, 810 F Supp. 782 (W.D. Tex. 1991), National Law Journal, 5/20/96, and University of Massachusetts Alumni Magazine, Spring 1994).
50. Walter (Johnny D) McMillian Alabama Conviction 1988 Charges Dismissed 1993
McMillian, a black man, was convicted for the murder of a white female after a trial that lasted only a day and a half. At trial, three witnesses testified against McMillian and the jury ignored multiple alibi witnesses that testified McMillian was at a picnic. Although the jury recommended a life sentence, the judge imposed a sentence of death. Post-conviction investigation by the television show 60 Minutes revealed prosecutorial suppression of exculpatory information and perjury by the state's three witnesses. Macmillan's conviction was overturned by the Alabama Court of Criminal Appeals and prosecutors agreed case had been mishandled. (McMillian v. State, 616 So.2d 933 (Ala. Crim. App. 1993), New York Times, 3/3/93, and ABA Journal 6/93).
51. Gregory R. Wilhoit Oklahoma Conviction 1987 Acquitted 1993
Convicted of killing his estranged wife while she slept. His conviction was overturned and he was released in 1991 when 11 forensic experts testified that a bite mark found on his dead wife did not belong to him. The appeals court also found ineffective assistance of counsel. He was acquitted at a retrial in April, 1993. (Wilhoit v. State, 816 P.2d 545 (Okla. Crim. App. 1991) and The Daily Oklahoman, 4/1/93).
52. James Robison Arizona Conviction 1977 Acquitted 1993
Robison was convicted of murder and conspiracy in 1977 in the death of a reporter, Don Bolles. His conviction was overturned in 1980, but he was recharged with the offense in 1990. He was acquitted at retrial in December, 1993. (State v. Robison, 608 P.2d 44 (Ariz. 1980) and The Dallas Morning News, 12/18/93).
53. Muneer Deeb Texas Conviction 1985 Acquitted 1993
Deeb was originally sentenced to death for allegedly contracting with three hitmen to kill his ex-girlfriend. The hitmen were also convicted and one was sentenced to death. Deeb consistently claimed no involvement in the crime. Deeb's conviction was overturned by the Texas Court of Criminal Appeals in 1991 because improper evidence had been admitted at his first trial. With an experienced defense attorney, Deeb was retried and acquitted in 1993. (Deeb v. State, 815 S.W.2d 692 (Tex. Crim. App. 1991) and The Dallas Morning News, 11/4/93).
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1994
54. Andrew Golden Florida Conviction 1991 Charges Dismissed 1994
Golden, a high school teacher in Florida, was convicted of murdering his wife. His conviction was overturned by the Florida Supreme Court in 1993. The Court held that the state had failed to prove that the victim's death was anything but an accident. Golden was released into the waiting arms of his sons on January 6, 1994. (Golden v. State, 629 So.2d 109 (Fla. 1993)).
55. Joseph Burrows Illinois Conviction 1989 Charges Dismissed 1994
No physical evidence linked Burrows to the murder of William Dulin. The prosecution's two chief witnesses recanted their testimony against Mr. Burrows, and one of them confessed to the murder for which Burrows had been sent to death row. One of the witnesses said he had been coerced by prosecutors and police. Burrows was released in September, 1994, and the Illinois appellate courts have upheld the overturning of his conviction. (People v. Burrows, 665 N.E.2d 1319 (Ill. 1996) and New York Times, 9/12/94).
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1995
56. Adolph Munson Oklahoma Conviction 1985 Acquitted 1995
Munson's conviction was unanimously overturned by Oklahoma's highest criminal appeals court in December, 1994 because the state withheld material evidence tending to exonerate Munson. (State v. Munson, 886 P.2d 999 (Okla. Crim. App. 1994). Some of the forensic evidence at trial was provided by Dr. Ralph Erdmann, who was subsequently convicted of seven felony counts involving misrepresentation of facts in other cases and stripped of his license. Munson was acquitted at a re-trial in April, 1995. (ABA Journal, 12/93, ABA Journal 2/95, and The Oklahoma Observer 4/25/95).
57. Robert Charles Cruz Arizona Conviction 1981 Acquitted 1995
Cruz was charged with planning the killing of two people in Phoenix in 1980. He went through five trials, including two convictions and two mistrials, before his acquittal on June 1, 1995. The chief prosecution witness, a convicted burglar and former drug dealer, was given immunity for his testimony. Another co-defendant, Joyce Lukezic, had been acquitted at re-trial in 1985. (State v. Cruz, 857 P.2d 1249 (Ariz. 1993), and The Arizona Republic, 6/2/95).
58. Rolando Cruz Illinois Conviction 1985 Acquitted 1995
Cruz was sentenced to death for the murder of 10-year-old Jeanine Nicarico. Another man, Brian Dugan, who had already pled guilty to two rapes and murders, including that of an 8-year-old girl, authorized his lawyer to tell the prosecutors that he killed Nicarico. Cruz was convicted at a second trial in 1990, at which Dugan did not testify. In July, 1994, the state Supreme Court overturned Cruz's second conviction. (People v. Cruz, 643 N.E.2d 636 (1994). An assistant state attorney general resigned because she thought the evidence showed Cruz was innocent and thought it wrong to pursue the prosecution. Other law enforcement officials also protested the continued efforts to prosecute Cruz. Cruz was finally acquitted at his retrial in November, 1995. The judge did not even wait for the defense to put on its case before entering a directed verdict of not guilty. (People v. Cruz, 88 CF 2230). Three prosecutors and four law enforcement officers involved with the prosecution of Cruz and his co-defendant (see below) have been indicted for obstruction of justice in this case. (The American Lawyer, 3/98 and National Law Journal 11/20/95).
59. Alejandro Hernandez Illinois Conviction 1985 Charges Dismissed 1995
Hernandez was sentenced to death along with Rolando Cruz for the murder of Jeanine Nicarico in 1983. Hernandez was re-tried in 1990, but the trial ended in a hung jury. A third trial in 1991 resulted in a conviction and an 80 year prison sentence. The conviction was overturned by the Illinois Supreme Court in January, 1995. Only his own indirect statements, not any direct physical evidence, linked Hernandez, who is borderline retarded, to the killing. He was released on bond, and charges were subsequently dropped on Dec. 8, 1995. The man who has confessed to the murder of Jeanine Nicarico, and whose DNA has been linked to the crime, has not been charged in the case. The U.S. Dept. of Justice is considering an investigation into civil rights violations in this case. (People v. Hernandez, 521 N.E.2d 25 (Ill. 1988), Associated Press, 12/8/95, and The National Law Journal, 1/1/96).
60. Sabrina Butler Mississippi Conviction 1990 Acquitted 1995
Butler was sentenced to death for the murder of her nine-month-old child. When she found her baby not breathing, she performed CPR and took him to the hospital. She was interrogated by the police and then prosecuted. Her conviction was overturned by the Mississippi Supreme Court in 1992. (Butler v. State, 608 So.2d 314 (Miss. 1992)). Upon re-trial, she was acquitted on Dec. 17, 1995 after a very brief jury deliberation. It is now believed that the baby may have died either of cystic kidney disease or from sudden infant death syndrome (SIDS).
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1996
61. Verneal Jimerson Illinois Conviction 1985 Charges Dismissed 1996
Jimerson was sentenced to death in 1985 for a murder which occurred in 1978. The chief witness against him was Paula Gray, who has an IQ of 57. In her original story to the police, she did not mention Jimerson. Then she added his name to her account, along with three other names, including Dennis Williams (see #67). She later recanted her entire testimony, saying the police had forced her to lie. The original charges against Jimerson were dismissed, but they were resurrected seven years later when the police offered to drop some charges against Gray if she would implicate Jimerson. Gray's 50 year sentence was converted to 2 years probation. In 1995, the Illinois Supreme Court unanimously reversed Jimerson's conviction, because Gray had been allowed to testify falsely about her bargain. (People v. Jimerson, 652 N.E.2d 278 (Ill. 1995)). Jimerson was released on bond in early 1996, and charges against him were subsequently dropped. (New York Times, 7/3/96)
62. Dennis Williams Illinois Conviction 1979 Charges Dismissed 1996
Williams was convicted, along with three others (including Verneal Jimerson, above), for the murder of a young couple in 1978. After spending 18 years in prison, Williams was released on June 14, 1996 because new evidence pointed to the fact that all four men were wrongly convicted. Much of the investigative work which led to the defendants' release was done by three journalism students. Recent DNA tests indicate that none of the four men were involved in the crime, and another man has confessed to the murder. Charges against Williams, and two others who received lesser sentences in the same case, were dropped on July 2, 1996. Cook County State's Attorney Jack O'Malley apologized to the four wrongly convicted defendants, including Verneal Jimerson, who had also been on death row. (David Protess and Rob Warden, A Promise of Justice (Hyperion 1998) and New York Times, 7/3/96).
63. Roberto Miranda Nevada Conviction 1982 Charges Dismissed 1996
Miranda was released in September 1996 after the prosecution declined to retry him following the reversal of his conviction. Miranda had maintained his innocence through his 14 years on death row. He originally came to the U.S. from Cuba during the Mariel boatlift. Prosecutors originally offered him a plea bargain whereby he would serve as little as 10 years in prison, but he refused because he was innocent. One day after being released from death row with only the clothes on his back and a few belongings, he was incarcerated by the Immigration Service. He was subsequently released pending a deportation hearing. At trial, Miranda had been represented by an attorney with one year's experience who had inherited the case when his colleague died. In overturning his conviction, Clark County Senior District Judge Norman Robison wrote: "The lack of pretrial preparation by trial counsel . . . cannot be justified." (Las Vegas Review-Journal, 9/6/01 and Dallas Morning News 4/23/97)
64. Gary Gauger Illinois Conviction 1993 Charges Dismissed 1996
Gauger was convicted of killing his parents in April, 1993. In September 1994, the trial court judge reduced Gauger's sentence to life imprisonment. In March, 1996, the U.S. District Court overturned his conviction, ruling that authorities never had probable cause to even arrest Gauger or to subject him to 21 hours of intensive questioning. He was released in October, 1996 by the same judge that had sentenced him to die by lethal injection. The prosecution did not challenge his release. (US News and World Report, 11/9/98).
65. Troy Lee Jones California Conviction 1982 Charges Dismissed 1996
The California Supreme Court ruled in June, 1996 that Jones should have a new trial because he was not adequately defended at his original trial for the murder of Carolyn Grayson in 1981 (In re Troy Lee Jones on Habeas Corpus, 917 P.2d 1175 (1996)). The Court found that the defense attorney failed to conduct an adequate pretrial investigation, speak with possible witnesses, obtain a relevant police report, or seek pretrial investigative funds. Moreover, the attorney elicited damaging testimony against his own client during cross examination of a witness. The prosecution announced that it was dropping all charges against Jones in November, 1996, after he had been on death row for 14 years. (Associated Press, 11/19/96).
66. Carl Lawson Illinois Conviction 1990 Acquitted 1996
Lawson was convicted of killing Terrence Jones in a family dispute. He was tried three times. The first trial resulted in a conviction and death sentence, but that conviction was overturned in part because Lawson's public defender had been an assistant State's Attorney when Lawson was arrested. (Illinois v. Lawson, 644 N.E.2d 1172 (1994). The second trial resulted in a hung jury, reportedly 11-1 for acquittal. Nevertheless, the prosecutors tried Lawson again and again sought the death penalty. This last trial produced an acquittal and Lawson was freed on December 12, 1996. On August 1, 2002, Illinois Governor George Ryan issued a pardon to Lawson based on innocence. (St. Louis Dispatch, 4/12/98 and Chicago Tribune, 8/1/02).
67. David Wayne Grannis Arizona Convicted 1991 Charges Dismissed 1996
On November 6, 1996, Pima County, Arizona, Superior Court Judge Bernardo Valesco dismissed the murder charges against David Wayne Grannis, and he was freed. (Arizona Daily Star, Nov. 7, 1996). Grannis was sentenced to death in 1991 for first degree murder, but his conviction was overturned and remanded for a new trial in July 1995 by the Supreme Court of Arizona. (State v. Grannis, 900 P.2d 1 (Az. 1995)). At trial, Grannis testified that he and his co-defendant, Daniel Webster were hitchhiking and were picked up by the victim, Richard Sutcliffe. Sutcliffe offered the men a place to stay. Although the state argued that Grannis and Webster killed Sutcliffe in the course of robbing him or burglarizing his home, Grannis testified that he did not know Sutcliffe was dead until he was arrested.
Grannis testified that he was sexually propositioned by Sutcliffe, who became aggressive. Grannis stated that his screams awakened Webster, who killed Sutcliffe after Grannis ran out of the house. At trial, Webster's friend, Eva Marie Lopez, stated that she "overheard Webster bragging to [her cousin] Baker about committing a murder. In addition, she testified that she heard Webster tell Baker that he (Webster) killed someone and that he liked the feeling it gave him." (Id. at 4).
At trial, the state offered into evidence photos depicting homosexual activity that were found in Grannis' room at the time of his arrest. In overturning the conviction, the Arizona Supreme Court held that the photos were "marginally relevant" and that the trial court abused its discretion in admitting them. The Court stated that the probative value of the photos was substantially outweighed by the danger of unfair prejudice. "The jurors' verdict may well have been improperly influenced by their revulsion and not entirely based on a belief that the state proved the elements of the crime." (Id. at 6). Although Webster was again convicted for Sutcliffe's murder, the charges against Grannis were dismissed at retrial because of insufficient evidence.
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1997
68. Ricardo Aldape Guerra Texas Conviction 1982 Charges Dismissed 1997
Guerra was sentenced to death for the murder of a police officer in Houston. Federal District Judge Kenneth Hoyt ruled on Nov. 15, 1994 that Guerra should either be retried in 30 days or released, stating that the actions of the police and prosecutors in this case were "outrageous," "intentional" and "done in bad faith." He further said that their misconduct "was designed and calculated to obtain . . . another 'notch in their guns.'" (Guerra v. Collins, 916 F. Supp. 620 (S.D. Texas, 1995)). Judge Hoyt's ruling was unanimously upheld by the U.S. Court of Appeals. (Guerra v. Johnson, 90 F.3d 1075 (5th Cir. Tex. 1996)). Although Guerra was granted a new trial, Houston District Attorney Johnny Holmes dropped charges on April 16, 1997 instead. Guerra returned to his native Mexico. (New York Times, 4/17/97).
69. Benjamin Harris Washington Conviction 1985 Charges Dismissed 1997
On March 2, 1994, U.S. District Judge Robert Bryan overturned Harris' conviction and vacated his sentence of death for the 1984 murder of Jimmy Turner on the basis that his original trial lawyer had been incompetent. Harris's attorney interviewed only 3 of the 32 witnesses listed in police reports and spent less than 2 hours consulting with Harris before trial. Harris's co-defendant was acquitted. Bryan ordered Harris released from custody if not brought to a speedy retrial. (Harris by & Through Ramseyer v. Blodgett, 853 F. Supp. 1239 (W.D. Wash. 1994)). The decision was upheld by the 9th Circuit Court of Appeals on September 12, 1995. (Harris by & Through Ramseyer v. Wood, 64 F.3d 1432 (9th Cir. Wash. 1995)). The prosecution decided not to retry Harris but tried to have him confined as insane. (They had previously argued that he was competent to stand trial.) On July 16, 1997, a jury decided that Harris should not be imprisoned at Western State Hospital. Harris maintains his innocence and says he was framed. (The Seattle Times, 8/19/97).
70. Robert Hayes Florida Conviction 1991 Acquitted 1997
Hayes was convicted of the rape and murder of a co-worker based partly on faulty DNA evidence. The Florida Supreme Court threw out Hayes's conviction and the DNA evidence in 1995 (Hayes v. Florida, 660 So. 2d 257 (1995)). The victim had been found clutching hairs probably from her assailant. The hairs were from a white man, whereas Hayes is black. Hayes was acquitted at a retrial in July, 1997. (Ft. Lauderdale Sun Sentinel, 7/17/97).
71. Randall Padgett Alabama Conviction 1992 Acquitted 1997
Padgett was convicted of murdering his estranged wife in 1990 and was sentenced to death. The conviction was overturned by the Alabama Court of Criminal Appeals in 1995 (Padgett v. Alabama, 668 So. 2d 78 (1995)). In October, 1997, Padgett was acquitted of all charges at a retrial. There was some evidence presented that another woman had committed the crime. Padgett's brothers, children and other relatives burst into tears when the foreman read the not guilty verdict. (The Gadsden Times, 10/3/97).
72. James "Bo" Cochran Alabama Convicted 1976 Acquitted 1997
Bo Cochran was convicted in 1982 of the murder of a Stephen Ganey, the assistant manger of a grocery store. Upon his conviction, Cochran told the judge, "I did not kill Mr. Ganey. . . . When will I get justice in the courtroom?" (Birmingham Post-Herald, December 2001). The 1982 trial was Cochran's third trial. His first trial ended in a mistrial, and the second trial, which resulted in a conviction, was reversed and remanded for a new trial after the U.S. Supreme Court overturned Alabama's death penalty statute (Cochran v. Herring, 43 F.3d 1404, 1404 n.1 (11th Cir. 1995). The 1982 conviction was also overturned. The U.S. Court of Appeals for the Eleventh Circuit upheld a District Court's decision to overturn the conviction, stating that "in [Cochran's] 1982 trial race was a determining factor in the prosecution's exercise of its peremptory challenges (Id. at 1411 (internal citations omitted)). Cochran, who is black, was being tried for the murder of a white person, and the Eleventh Circuit found that during Cochran's previous trials, the district attorney's office that prosecuted his case had used an informal practice in peremptory challenges of striking black jurors based on their race. The Eleventh Circuit ordered a new trial for Cochran in 1995. Cochran was retried in 1997 and acquitted by the jury not only of capital murder but also of all lesser included offenses. At re-trial, defense attorney Richard Jaffe pointed out to jurors that there were no eyewitnesses to the murder and that it would have been impossible for Cochran to move the victim's body under a trailer in a nearby mobile home park while being chased by police. (Birmingham Post-Herald, December 2001).
Source: Death Penalty Information Center.