legal aid society wrongful conviction unit

Wrongful Convictions, Appeals, Clemency & Sealing, Empowering People with Disability & Health Issues, Lifting the Voices of Children & Adolescents, Supporting Survivors of Violence & Navigating Divorce. When he went to prison, his wife, Kisha, brought their children to visit every weekend. As a result, the Unit has been able to take on more clients, reinvestigate their cases and advocate for their exoneration and release. The Wrongful Conviction Unit was created to address the population of prisoners who have exhausted all possible avenues of defense and are still fighting for their freedom. No physical evidence linked Sims to the crime. In statements to the press, the Brooklyn DAs office has claimed that Hale did not review Sims case. The judge admonished Hale for committing prosecutorial misconduct. She struck the witnesss testimony, but allowed the case to proceed. Sims request to the CRU did not present any of the new claims that his attorneys have included in the current petition to vacate Sims conviction, including evidence of Hales misconduct and eyewitness testimony that Graves was the shooter. Although he did not pull the trigger and was actually nowhere near the shooting, he was charged under New Yorks controversial felony murder law and sentenced to 71 years to life. Yet, when he appeared at trial, Graves testified that he was in court voluntarily and that he regularly checked in with his probation officer. Thompson recruited Harvard professor and former public defender Ronald Sullivan to lead the units effortsbut Mark Hale, the prosecutor from Sims case, was charged with supervising the units day-to-day activities. Member Board of Directors Drama Club Feb 2015 - Jun 2022 7 years 5 . CUNY Law was one of 13 recipients of this national competitive bid. In a trial that Sims and his attorneys say was marred by false testimony and improperly withheld evidence, Sims was convicted and sentenced to 25 years to life. Another 20 were tossed because they hinged on the work of Detective Sasha Cordoba, who pleaded guilty in 2018 after prosecutors found she made repeated false statements in a gun possession case in Washington Heights in Manhattan. Sims and his attorneys allege that police and prosecutors, including Hale, illegally suppressed evidence of Sims innocence and pressured witnessesincluding Gravesinto making false statements. Practicing as a forensic psychiatrist, Dr. James Grigson was called upon to evaluate people charged with capital murder crimes. As a result . Last year, a New York Supreme Court judge vacated his conviction and, several months later, the DAs office dismissed the charge. DECISION AND ORDER BRENDA K. SANNES Chief District Judge. Early-bird registration for the 2023 Innocence Network Conference is NOW OPEN. t the time, his sons were 4 and 5-years-old. Prior to joining the Legal Aid Society in 2016, David spent 10 years as the Managing Attorney at the Innocence Project, where he supervised attorneys working to exonerate innocent clients and spearheaded the organization's amicus curiae practice throughout the country. This document answers many of the questions you may have about the new law. New York, NY 10038. In fact, Hale told the jury during closing arguments: Now you heard the summation of the defense Mr. Tims [Sim defense attorney] wants you to believe that Julius Graves is the perpetrator of this crime., In Sims 2016 letter to the CRUwhich he wrote himself, without legal counselhe said that he was innocent and included Graves recantation, but did not say he had witnessed Graves kill the victim. After his testimony, however, the Brooklyn DAs office dropped the violation of probation. Simply put, this grant is a gamechanger and will bolster our capacity to screen more cases and exonerate more New Yorkers who were wrongfully convicted, said Elizabeth Felber, Supervising Attorney of the Wrongful Conviction Unit at The Legal Aid Society. Update (9/4): This article previously stated that the Brooklyn CRU exonerated seven people during DA Gonzalezs current tenure. We are excited that this collaboration with the Wrongful Conviction Unit will provide more access to legal advocacy for incarcerated New Yorkers, while also growing CUNY Laws relationship with the Legal Aid Society, one of our closest partners, said Nicole Smith Futrell, Associate Professor and Co-Director of the Defenders Clinic. Book now. The grant will be managed by the Research Foundation of CUNY. After the shooting, Graves told police that he took the gun home with him and wiped it down to remove fingerprints. Another 78 cases on the prosecutors list arose from two detectives, Edward Martins and Richard Hall, who pleaded guilty in 2019 to charges that they released an 18-year-old woman from custody in exchange for sexual favors. They dont want to hurt their friends or make their friends look bad. Each of the NYC DA offices are currently reinvestigating our cases. His conviction was dismissed August 4. I always just wanted to run in the back and just run with my dad and just hide, like, Dad, Im staying with you, Anthony Sims Jr., now 27, told New York Focus. 40 Worth Street, Suite 606. When Anthony Jr. was about eight years old, Sims recalled, he told his father that he would get Graves for what he had done. One eyewitness, who knew both Sims and Graves, called police and told them that she saw Graves, not Sims, running out of the restaurant with a gun in his hand, according to a report by Graves fiancee. The article has been updated to account for the one exoneration produced in that year. Defendants offered guilty pleas in 34 exonerations and gave false confessions in 24 cases. Since 2015, the DNA Unit of the Legal Aid Society in New York City has held an annual, two-day forensic conference for defense attorneys called Questioning Forensics. The Bronx district attorney has also vacated more than 250 convictions that relied on a single officer, who has since been accused of lying in other cases. Copyright 2022 The City University of New York School of Law | 2 Court Square, Long Island City, NY 11101-4356 | Phone: 718-340-4200 Individuals who believe they qualify for clemency should apply online with the Governor's Office. It is free and automatic. They rejected him. Donate. If the true focus of the CRU is to do justice, you need someone whos not going to get everything from a prosecutorial perspective and look at ways to save the conviction, said Collins, a legal analyst with Horizon Research Services. Hochul Projects Horse Racing Renaissance, Declines to Share Evidence. The U.S. Department of Justice has granted CUNY School of Law, in partnership with The Legal Aid Society, nearly $500,000 to establish a project that will review and litigate select wrongful conviction claims of New Yorkers incarcerated in state prisons. A conviction may be classified as wrongful for two reasons: For questions about registration, need-based scholarship, or for more information about this years conference email Jessica Goldthwaite The Legal Aid Societys DNA Unit. At the time, all we knew was that he had been forced to give up his green card. Tainted Testimony. According to Coopers civil complaint, two eyewitnesses said they recognized the assailant and it was not Cooper. I expected the CRU to interview me, which would give me a chance to answer their questions and give a detailed account of seeing Julius shoot the victim., The CRU did not contact Sims to learn more about his claims. Hale then obtained a material witness order for Graves fiance as well, even though she was never called to testify at trial. In certain cases, video As a result of harmful changes to immigration law and policy, Legal Aids clients are increasingly unable to access justice before the USCIS and the immigration courts. A PRDU Staff Attorney represents clients accused of violating their conditions of release at administrative parole revocation hearings and recognizance hearings held in the criminal courts, federal detention facilities, hospital prison wards and, where applicable, local . A PRDU Staff Attorney represents clients accused of violating their conditions of release at administrative parole revocation hearings and recognizance hearings held in the criminal courts, federal detention facilities, hospital prison wards and, where applicable, local correctional . Canada's long history of processes intended to rectify . The Legal Aid Society is among the first state public defender organizations working in-house to explore our clients' lives through video to convey their character, aspirations, traumas, difficulties, and often, transformation. The Legal Aid Society is taking precautions and implementing safety measures to help prevent the spread of COVID-19 and to comply with New York City's requirements concerning Covid-19. In the year following Sims trial, Graves and his family received more than $22,000. wcu@legal-aid.org. The Legal Aid Society is among the first state public defender organizations working in-house to explore our clients lives through video to convey their character, aspirations, traumas, difficulties, and often, transformation. But the CRUs preliminary review may have been undermined by a fundamental conflict of interest: Mark Hale, who led the unit from its creation in January 2014 until July of this year, was the lead prosecutor in Sims murder trial. Anthony should not have to suffer further years in prison while a hearing and likely appeal wend their way through the legal system even as prosecutors possess evidence showing that Anthony belongs home today with his wife and kids.. Conference themes in the past have included how to litigate a forensic DNA case, the PCAST report, and the NIST Mixture Foundation Review. There are many more men and women incarcerated in New York who I believe deserve clemency and who have moved toward transforming their lives from whatever moment or mistake that led to their incarceration, Riley said. By Rebecca Davis OBrien and Troy Closson. The new head of Brooklyns Conviction Review Unit should be someone with no prior connection to the office, in order to avoid any conflicts of loyalty or unconscious bias, Felber told New York Focus in a statement. Two men who died of drug overdoses after leaving Manhattan gay bars last spring died by homicide, according to findings from New York Citys chief medical examiner. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. Whether it be financially or safety, they are putting themselves in a position of mistrust. ), what are the main parts of each system? Criminology 40(1): 1-18; Huff C, Rattner A & Sagarin E 1986. When he was convicted, she told New York Focus, she thought that was the end of my world., In 2013, controversy over Hynes tactics helped Kenneth Thompson defeat Hynes. CUNY Policy On Sexual Misconduct. Requests for review must be done by letter or email. So, I appeared the next day and did whatever it was they wanted.. Sims trial lasted five days. 199 Water Street. All Rights Reserved. Meet the Newest Network The Legal Aid Society will be hosting its Wrongful Conviction Day event over Zoom on Oct. 6. Seven have been exonerated since his first term began in November 2017, but two others were exonerated while Gonzalez was acting DA. 155, 156 taxation 148 trade union members, prohibited list of 365 trade unions, against 323, 394, 406 wrongful dismissal see under wrongful dismissal see also compensation declarations 58, 59, 274, 301, 366 agency workers 65 detriment: trade unionism . After taking office in 2014, Thompson expanded the Conviction Review Unit, fulfilling a. people from across the country. It reflects a broader push to scrutinize police testimony and a recognition of the catastrophic effects that even misdemeanor convictions can have on people. Sims experience wasnt an aberration. Sims also says he told all his appellate attorneys that he saw Graves commit the crime; his one surviving appellate attorney confirmed this to his current counsel.

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