Interrogation Bill Reintroduced in an Effort to Fight Wrongful Convictions

An Act Preventing False Confessions would make Massachusetts a national leader in banning deceptive tactics during interrogations

Boston, MA – Feb. 4, 2025 – Today, Rep. Kate Lipper-Garabedian (D-Middlesex) and Sen. Patricia D. Jehlen (D-Middlesex) announced the introduction of legislation that would prohibit law enforcement officials from using deceptive tactics during interrogations, which have been known to coerce false confessions or unreliable incriminating statements. An Act Preventing False Confessions (HD.3010/SD.1443)  would also require officers to record custodial interrogations, a recommendation handed down by the Supreme Judicial Court in 2004 in Commonwealth v. DiGiambattista, and something many jurisdictions already implement. If passed, Massachusetts would become a leader in banning and preventing law enforcement from knowingly or recklessly lying to obtain confessions from both juveniles and adults.

Massachusetts is among 40 states where there are no laws preventing police from using deceptive tactics during questioning, such as falsely claiming that physical evidence points to someone’s guilt. These psychological tactics can intimidate individuals into making false confessions, often leading to wrongful convictions. Since 1989, false confessions have resulted in more than 400 wrongful convictions across the country. 

“Massachusetts has an opportunity to be a national leader in ending deceptive interrogation tactics  – a practice that undermines the integrity of our criminal legal system,” said Rep. Kate Lipper-Garabedian. “An Act Preventing False Confessions would be a vital step forward in safeguarding the rights of individuals in Massachusetts and preventing wrongful convictions before more innocent people lose their liberty and real perpetrators continue to pose a danger in our communities.”

Deceptive tactics result in significant financial and public safety collateral consequences in Massachusetts.  Over 90 innocent men and women have spent a combined total of over 1,273 years in prison for a crime they did not commit. Correcting wrongful convictions have already cost taxpayers millions of dollars in civil settlements and state compensation awards. Additionally, they create a false sense of security while an innocent individual endures the consequences of unjust incarceration.

“Innocent people, particularly vulnerable ones like youth, people with disabilities, and English language learners, are too often subjected to psychologically coercive techniques during law enforcement interrogations,” said Sen. Patricia D. Jehlen. “By prohibiting deception and requiring the recording of interrogations, Massachusetts can improve transparency, accuracy, and consistency in our criminal legal system. This would not only protect those at risk of being coerced into false confessions, but also strengthen public safety.”

In 1982, at the age of 24, Victor Rosario was wrongly convicted in Massachusetts of arson and the murders of eight people based on a false confession obtained through coercive tactics, including false information, threats, and prolonged interrogation. He spent 32 years in prison for a crime he did not commit, until his conviction was vacated in 2014 after an investigation revealed unreliable forensic evidence and coercive police tactics and misconduct. In May 2023, Rosario won a $13 million settlement, one of the largest wrongful conviction awards in the history of the Commonwealth.

“Wrongful imprisonment impacts individuals, families, and communities, often for generations,” said Radha Natarajan, Executive Director of the New England Innocence Project. “Deceptive tactics used during police interrogations are one of the leading causes of false confessions and, ultimately, wrongful convictions. Recording interrogations is necessary to uncover these deceptive tactics and false confessions. With HD.3010/SD.1443, Massachusetts has an opportunity to be a leader in preventing wrongful convictions and safeguarding the rights of Bay Staters.”

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ABOUT THE NEW ENGLAND INNOCENCE PROJECT
The New England Innocence Project is an independent social justice non-profit that frees innocent people from prison, supports individuals and families impacted by long-term incarceration, and fights to end the systemic harms of the criminal legal system in the six New England states. By providing free forensic testing, investigation, experts, and an experienced legal team, we can exonerate the innocent and bring them home to their loved ones. Through the Exoneree Network, we provide comprehensive support — from housing and seasonal stipends to mental health care and job training — so our community can heal and rebuild in freedom. We also use our expertise about wrongful convictions to educate and advocate for reforms to prevent future tragedies and support community-based solutions for public safety. Visit NewEnglandInnocence.org for more information.

Honoring the Legacy of Exoneree, Bobby Joe Leaster

New Book About Bobby Joe’s Case and Life, Justice Under God, Benefits NEIP

Pictured: Judge Christopher Muse (right) with client Bobby Joe Leaster on Bobby’s 35th birthday.

“He was a client, then a friend, then a brother.” — Judge Christopher Muse

Bobby Joe Leaster served 15 years in a Massachusetts state prison for a murder he did not commit. With the help of father-son team, Robert and Christopher Muse, he won his freedom and worked for decades with at-risk youth as one of Boston’s preeminent street workers.

Christoper Muse, now a retired judge, launched his new book about Bobby Joe’s case and life, Justice Under God, on Amazon on January 8, in celebration of what would have been Bobby Joe’s 75th birthday.

“It was personally rewarding for me to write this book, not only to honor Bobby Joe’s life and legacy but to raise awareness about wrongful convictions and help bring necessary change to the criminal justice system.

The appellate courts, for too long, defaulted to their stubborn adherence to the principle of Finality of Conviction.  When I gave Bobby Joe the bad news from his fourth rejected appeal, he asked with the first hint of anger I had ever observed: ‘How did I get a fair trial if I am innocent?’”
— Judge Christopher Muse

“Bobby Joe Leaster’s story continues to teach us the power of hope and the importance of creating systemic change to prevent future wrongful convictions.” 
— Radha Natarajan, Executive Director, NEIP

100% of the royalties from the book will go to the New England Innocence Project in support of our fight against injustice in the criminal legal system for people like Bobby Joe.

This is What Community Looks Like

Thank you for being such an important part of our community.
We’re excited to share some of these memorable moments with you.

We’ve had a very eventful fall! Our community came together over the past several weeks in celebration and solidarity, in hope and in healing at events like Jammin’ for Justice, Running for Innocence, Voices of the Innocent, and Wrongful Conviction Day. We’ve worked together to grow the movement to free innocent people from prison. We’ve raised our voices in honor of loved ones who are still incarcerated. We’ve educated our legislators in an effort to shed light on wrongful convictions, and advocated for reforms to prevent future tragedies and help freed people to thrive.

For additional photos and information about our fall community events, please see below.

Upcoming Events & Ways to Get Involved

Jammin’ for Justice
October 24 | 6 - 9 p.m.
The Burren, Somerville

 
 

At the fourth annual Jammin’ for Justice event, the night’s theme, “Wounded but Not Broken,” symbolizes the loss and resilience that the Exoneree Network co-founders — Sean Ellis, Ray Champagne, and Victor Rosario — recognized in themselves and sought to embody in their work supporting others. Concert proceeds will help provide support for exonerees as they rebuild in freedom and ensure newly freed and exonerated people will have the opportunity to attend the 2025 Innocence Network Conference where this community can come together to heal after the trauma of long-term incarceration.

Enjoy a special line-up of musical guests, including the "Friends of Justice" band which will perform original songs of exoneration, the "Peace Players," led by exoneree Milton Jones, and the "OGs," led by exonerees Joseph Pope and Albert Brown, featuring songs they wrote and performed together while wrongfully incarcerated for crimes they did not commit. Tickets are on sale now, $25 in advance and $30 at the door.

Running for Innocence
November 3  |  Lexington, MA

This year marks the 10th anniversary of the Running for Innocence team! On November 3, our team will return to the Lexington Battlegreen 5K/10K with the goal of raising $25,000 in the fight for freedom. This event offers options for runners and non-runners of all ages and is a wonderful opportunity to meet and welcome our exoneree team members, all of whom inspire us to continue this important work.

Funds raised will help pay for the investigators and experts needed to free innocent people incarcerated for crimes they did not commit and support the Exoneree Network, which cultivates a thriving and safe community for exonerees and those who have suffered the trauma of long-term incarceration. Please join us!

“Unbroken”
October 19, 7:30 p.m.  |  Strand Theater, Boston

 
 

For one night only! On October 19, 2024 (7:30 p.m.), at Boston’s Strand Theater, the Jo-Mé Dance Theatre will perform “Unbroken,” a breathtaking dance performance that includes 4 works by choreographers Naoko Brown and Joe González, and features the story of Sean Ellis’ fight for justice after a wrongful conviction. Learn more and purchase tickets.

NEIP Executive Director Awarded Liberation Leader Honor

Boston Women’s Fund Honors NEIP Executive Director
as 2024 Liberation Leader


In September 2024, The Boston Women’s Fund honored 40 Liberation Leaders who have contributed outstanding work toward racial, gender, economic, and social justice in Greater Boston, including the New England Innocence Project’s Executive Director, Radha Natarajan.

The honor was given for exemplary leadership and dedication to advancing the welfare of the community through the disruption and dismantlement of oppressive systems. Congratulations, Radha!

Bearing witness: A day of torment and of hope

 
 

To our community, 

Yesterday was a day of torment and a day of hope.

In Missouri, far from our work in New England but close to our hearts that long for justice, Marcellus Williams, a client of the Midwest Innocence Project, was murdered by execution. There were serious questions about the reliability and integrity of that conviction, so much so that the prosecutors and victim’s family also opposed his execution and attempted to spare his life. Despite the millions of people who spoke out urgently against this execution, the Attorney General, trial court, Governor, Missouri Supreme Court, and the United States Supreme Court all ensured that the death penalty would be carried out against Mr. Williams.

We stand firmly against the death penalty. With wrongful convictions being overturned every day, demonstrating how easy it is for us to get it wrong, the death penalty should never be an option. There’s no public safety benefit to pretending that an irreversibly punitive system is flawless and serves justice.

Massachusetts also used to have the death penalty. Many people believed then – as they do now – that there were enough safeguards in our system to prevent an innocent person from being wrongfully convicted and executed. Many people thought then – as they do now – that it is easy to tell if someone is innocent or guilty simply by believing the narrative told by the media or officials who all too often rely on mistaken eyewitnesses, incentivized witnesses, flawed forensics, false confessions, and racial bias. Unfortunately, these are just myths. A clear example of this is when our client, Gary Cifizzari, was convicted and sentenced for murder, the judge was so certain of his guilt that he lamented not being able to impose the death penalty. But that judge was wrong. Gary Cifizzari was innocent and was finally exonerated after 35 years in prison.

We know all too well that even cases that appear to have powerful evidence of guilt can fall apart when that evidence is tested. In fact, as we waited to hear whether our worst fears would be realized in Missouri, we were here in Massachusetts fighting to overturn another wrongful conviction, that of our client Edward Wright, based on new DNA evidence and evidence that was wrongfully withheld by the government.

After 40 years in prison and five previous attempts to overturn his wrongful conviction, Edward Wright was back in court yesterday with hope. It was a packed courtroom, with loved ones, Exoneree Network members, advocates, and our incredible legal team that includes attorneys from Skadden and Quinn Emanuel. I and my co-counsel, Stephanie Hartung, were honored to argue the case in court. We don’t know what will happen next, but we cannot stop fighting for justice for our community, even with tragedies, setbacks, resistance, and all the myths that permeate our criminal legal system.

Every case is a fight, and we must all bear witness to both the devastation of the losses we endure and the joy of freedom and community when we prevail. This work holds the possibility of something better for individuals, families, communities, and truly, for all of us. With so many innocent people still in prison, we cannot possibly give up hope. And we won’t.

In grief and solidarity,

 

Radha Natarajan
Executive Director
New England Innocence Project

Massachusetts State Senator Patricia Jehlen to Receive 2024 ARC OF JUSTICE Award

Presented by the New England Innocence Project in honor of the Senator’s 20+ years of fighting on behalf of wrongfully convicted people and their families

On September 12 at City Winery Boston, as the New England Innocence Project commemorates 20 years of fighting for freedom at their annual storytelling event, Voices of the Innocent, the social justice nonprofit will honor Senator Patricia Jehlen for her more than 20 years of dedicated service in support of wrongfully convicted people and their families.

Over the last two decades, Senator Jehlen has passed landmark legislation to compensate victims of wrongful convictions. Working directly with people who have been exonerated, their loved ones, and advocates, Senator Jehlen has tirelessly fought for people who have endured the trauma of wrongful imprisonment and long-term incarceration, ensuring that they are supported in freedom and compensated for what they have suffered.

Senator Jehlen has helped people understand that, when someone is exonerated and freed, they are not automatically given support or assistance from the state that wrongfully convicted them. Instead, exonerees are required to go back to court, fight for compensation, and even when they succeed, they do not always receive an adequate sum for such a tragic injustice.

Senator Jehlen has championed funding for the Exoneree Network, a program of the New England Innocence Project that creates a thriving community for families impacted by long-term incarceration and provides direct support, including housing, financial stipends, therapeutic spaces, and more.

“The New England Innocence Project has helped free numerous innocent people, often after decades in prison,” says Senator Jehlen. “I worked to pass the 2004 Wrongful Convictions compensation law, based on stories like that of Lawyer Johnson. But even when people like Sean Ellis were exonerated after decades in prison, they had to fight for months or even years to get any compensation. I'll continue to work for reform with the New England Innocence Project and the Exoneree Network. I'm honored to receive this award, and am so grateful for their dedication to justice for people unjustly robbed of their liberty.”

“Senator Jehlen has devoted her time, and heart, to wrongfully convicted people and their families so that their long-fought freedom can be a time of joy and reunification. Her work has been a salve for the trauma caused by wrongful incarceration,” says Radha Natarajan, Executive Director of the New England Innocence Project.

The ARC OF JUSTICE Award recognizes the special contributions of a community member who “bends the arc of the moral universe toward justice.” Senator Jehlen has been an incredible partner to the New England Innocence Project over the last 20 years and has truly bent the arc of the moral universe toward more justice for wrongfully convicted people.

Event & Arc of Justice Award Presentation Details:
Voices of the Innocent: Free Us All!
September 12, Program at 7:00 p.m.
City Winery Boston  |  80 Beverly Street, Boston, MA

“Senator Patricia Jehlen’s unwavering support of the Exoneree Network has provided not just a voice for the wrongfully convicted but a lifeline to hope and healing,” says exoneree and Director of the Exoneree Network, Sean Ellis. “She understands that justice doesn’t end with exoneration—it extends to rebuilding lives, restoring dignity, and ensuring that every exoneree has the opportunity to thrive. Her leadership is a continuation of hope for those of us who have faced the unimaginable, and her work stands as a powerful reminder that true justice is rooted in humanity and compassion. The Arc of Justice Award is a testament to her unyielding commitment to creating a more just and equitable commonwealth.”

About Voices of the Innocent: Free Us All!
Join us in celebrating our 20th anniversary as a nonprofit at Voices of the Innocent, the New England Innocence Project’s annual storytelling event and fundraiser. At this unique and powerful event, we will hear stories from innocent people impacted by wrongful convictions and their loved ones and learn what it takes to persevere in the fight for freedom.

Funds raised through this event directly support the work of the New England Innocence Project by providing forensic testing, investigation, experts, an experienced legal team, and social service advocates to free innocent people, bring them home to their loved ones, and help them rebuild their lives in freedom. Through public support, we can also educate and advocate for systemic change to prevent future tragedies.  Learn more at www.newenglandinnocence.org/voicesoftheinnocent.

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Our Impact Report is Here!

Your Support Makes a Big Impact
Impact Report: June 2023 - 2024

Every June, we reflect back on our journey together, celebrate our collective impact, and prepare for the fight ahead. While this work is often heartbreaking and bittersweet, we’re clearly making an impact. And we will never stop. With your help, we can make freedom possible for people who have been wrongfully convicted and help directly impacted people find community and begin to heal.

As you can see in this year’s Impact Report below, when you make a gift to the New England Innocence Project, you help to:

  • Free people throughout New England who have been wrongfully convicted and reunite them with their loved ones — people like Tommy Rosa, Jason Carroll, and Edward Wright

  • Shine a light on injustice and amplify the stories of people most impacted

  • Support preventative solutions to address systemic issues that lead to wrongful convictions, including banning deception in police interrogations

  • Shift policy to help more people find a path to freedom and provide just compensation for those who have suffered a wrongful conviction

  • Support people upon their release and help them rebuild in freedom

Click below to view an interactive PDF of our June 2023 - 2024 Impact Report and learn more about memorable moments and some of the many ways your support has been making an impact over the last 12 months.

Click each photo in the report for detailed impact updates

Our Legislative Efforts: June 2023-2024

Impacting Policy Through the Legislature:
A Look Back at Our Legislative Efforts
June 2023-2024

At the New England Innocence Project, we use every avenue available to prevent wrongful convictions and provide support for people released after a wrongful conviction. While correcting wrongful convictions largely happens one individual and one family at a time, our policy efforts have the potential to affect change for entire communities statewide.

Here are just some of the initiatives we have championed this year, oftentimes with community partners:

Banning Deception in Interrogations in Massachusetts

This year, we partnered with Representative Kate Lipper-Garabedian to pursue legislation (H.3922) that would end deception in interrogations and mandate the recording of interrogations in Massachusetts. In Massachusetts and 40 other states, there are no laws preventing the police from lying to someone to compel a confession. Research shows that a person is more likely to give a false confession when police lie during an interrogation. These unreliable statements lead to wrongful convictions.

At a legislative briefing in January, exoneree Terrill Swift came to Massachusetts to speak at the State House about the importance of banning deception and recording interrogations. He spent 15 years in prison based on a false confession before DNA and other evidence demonstrated his innocence. Terrill joined interrogation experts Mark Fallon and Haley Cleary to discuss how this legislation would be a tremendous step forward in the Commonwealth in ensuring the reliability of confession evidence and preventing wrongful convictions based on false confessions.

While we were not successful in passing this legislation this year, we began the long process of shifting public opinion about the importance of banning deception and recording interrogations through our education and awareness efforts. You can hear more about the effort to pursue this legislation on a podcast episode of “Conversations with Kate” and through the Fact Sheet for this bill.

You can read an excerpt from the testimony by NEIP Executive Director Radha Natarajan below:
“For the last 8 years, I have had a front-row seat to what it takes to overturn a conviction in Massachusetts. It can sometimes take decades to correct even one wrongful conviction, during which time the person loses their freedom as well as family members, health, and so much more. With this bill, you have the opportunity to prevent one of the leading causes of wrongful conviction and prevent this kind of trauma at a systemic level. 

Deception is a key reason why people confess to a crime they never committed. And there are many factors that can make people more susceptible to falsely confessing through deception: age, cognitive impairment, mental illness, and things like hunger and sleep deprivation. Many of these are lifelong and impact people well beyond the age of 18. 

False confessions virtually guarantee a wrongful conviction. That’s especially true where the statements made, or the deceptive tactics used, were not recorded. Recording interrogations is necessary to uncover false confessions.”

Compensating Those Wrongfully Convicted in Massachusetts

When we walk with someone into freedom, while it is a joyous moment, their fight does not end there. Exonerees face challenges receiving compensation for all they have lost. This year, we partnered with Senator Patricia Jehlen, Representative Jeffrey Roy, and Representative Christopher Worrell to pursue fairer and more comprehensive compensation for exonerees in Massachusetts. On Wrongful Conviction Day, Oct. 2, 2023, people directly impacted held a press conference at the State House to speak about the losses they faced while wrongfully convicted, the challenges they endured upon release, and the need for improved compensation by the state. We know that legislative changes take a long time and are hopeful that our efforts will translate to a meaningful impact for our community members in the near future.

Second Look Sentencing in Rhode Island

We know that our work to correct wrongful convictions is often met with fierce resistance and one of the most difficult legal landscapes to navigate. Innocent people sometimes have to pursue repeated post-conviction litigation over decades to finally succeed at overturning their wrongful conviction. We are always looking for alternative ways for people to gain their freedom while we continue to fight their wrongful conviction, and “Second Look Sentencing” provides such an opportunity. We testified in support of S2228 and H7102 to create an accessible way for courts to reexamine long-term carceral sentences. Given how many of our innocent clients have faced, and continue to face, life sentences without the possibility of parole, we will continue to fight for a path to freedom through an opportunity to demonstrate how their further incarceration does not create safety for our community. 

You can read an excerpt from the testimony by NEIP Staff Attorney Laura Carey below:
“In the United States, there have been 3,493 exonerations, or cases in which a person was wrongly convicted of a crime and later cleared of all the charges based on new evidence of innocence.  917 of these innocent people were originally given extremely long sentences - life, life without parole, or death.  These wrongful convictions were the result of flaws in our criminal legal system - both mistakes and purposeful wrongdoing, including mistaken eyewitnesses, unreliable forensic evidence, and coerced confessions.   And they are just the tip of the iceberg.  At the New England Innocence Project we receive hundreds of letters from innocent people in prison throughout New England each year asking for our help.

The proposed bill gives individuals like my client, John, a second chance – a forum to present evidence of his factual innocence, his admirable disciplinary record over the last almost 30 years, and the person he has become.  This chance would provide hope and hope is often all innocent individuals have to hold on to while incarcerated, fighting for their freedom and their very lives.

The risk of sentencing an innocent person to die in prison is not hypothetical, it is real.  Reviewing lengthy sentences provides an important mechanism to scrutinize potential wrongful convictions with the benefit of time, advancements in science and understanding, and new facts.  I hope Rhode Island will take this important step and pass H7102.”

Reducing Barriers to Challenging Wrongful Convictions in New Hampshire

Extending the statute of limitation for motions for new trial: We encounter many barriers to challenging wrongful convictions in our work throughout New England, including in New Hampshire where the statute of limitations requires that motions for new trial be filed within 3 years of the “rendition of the judgment.” This statute of limitations timeline is very difficult to meet and hinders wrongful conviction litigation.  The changes proposed by SB507 extend the statute of limitations for motions for new trial in certain circumstances and would offer a meaningful pathway to overturning wrongful convictions.  The bill has passed the House and Senate, but is still awaiting the Governor's signature. 

You can read an excerpt from the testimony in support of SB 507 by NEIP NH Staff Attorney Cynthia Mousseau below:
“In 2016, the National Registry for Exonerations reported that an average exoneration took 11 years, almost three times the New Hampshire limit. Wrongful conviction work is slow for many reasons: it is hard to find case documents years after the case was closed, witnesses have died or moved, scientific understanding of evidence has changed, etc.

In New Hampshire, where only 3 exonerations have occurred and there is only one attorney looking into these cases full time, the 3-year limitation period is preventing viable claims of innocence from coming to light.”

Recording police interrogations: Failing to ensure that all police interrogations are recorded not only deprives the court process of the transparency and accountability that should be its hallmarks, but often results in the incarceration of people for crimes they did not commit. SB 80 would require recording of all police interrogations and we have continued our educational and advocacy campaigns around this issue in the past year. Currently, this has been referred to interim study but we are continuing our fight to push it forward.

You can read an excerpt from our educational campaign from NEIP NH Staff Attorney Cynthia Mousseau below:
“Recording police interrogations can ensure that evidence is reliable, honest, and as accurate as possible.  In a criminal legal system that relies on evidence, only the most accurate and objective evidence should be accepted.  

We can and should promote transparency and the best and most accurate evidence in our courtrooms. Recording interrogations brings reliability to the criminal legal process and could very well prevent wrongful convictions in the future.”

Passing new laws can take a long time and requires a great deal of community support. As we continue to pursue change throughout New England, we hope you will support our efforts with calls to your legislators and with educating your neighbors on some of the important issues that need our collective attention. Together, we know we can create meaningful change for all of us. 

Our Amicus Work: June 2023-2024

Shifting Policy Through the Courts:
A Look Back at Our Amicus Efforts, June 2023-2024

At the New England Innocence Project, we know that impact means both working on individual cases where we can walk with people into freedom and making systemic changes to fight injustice in the criminal legal system. Amicus support is one way we attempt to create change and shift judicial policy on issues that matter to our community. We file briefs in cases where we believe the perspectives of our community should be represented and where we have some expertise that might help the Court in deciding a case. We have a very active amicus practice because we know that every decision the Court makes can impact us and so we must make sure that we take every opportunity to be heard. We also work in coalition with other community organizations with whom we are aligned in values and vision.

In some cases where we file an amicus brief, the Court adopts our position. In others, the Court sidesteps the issue that we have briefed or decides differently. Whether we believe that we will ultimately be successful, our goal in our amicus practice is to be honest about what we see and what our community experiences in the criminal legal system. We know that change takes a long time, but in order to make the law more responsive to people’s needs and community demands, we believe that we must speak plainly and truthfully, even if it is not initially accepted. We are experts at persevering, and our amicus practice is no different.

In the last year, we have filed numerous amicus letters and briefs in the Supreme Judicial Court. Here are just a few of the issues we have been raising with the Court in the last year:

  • It is never too late for justice. Where new science on eyewitness memory demonstrates that a person was identified through highly suggestive procedures in 1976, leading to a real risk of misidentification and wrongful conviction, a person must be able to get a new trial - a fair trial - where the jury has the opportunity to weigh the evidence in light of what we now know. Commonwealth v. Raymond Gaines.

  • Innocent people who were wrongfully convicted and incarcerated should be financially compensated for all they have suffered. The compensation statute should be interpreted broadly to protect innocent people, and in any event, innocent people should not be worse off because the Commonwealth chose to dismiss charges rather than test them with a jury. Commonwealth v. Roberto Cruz. 

  • Courts should always have the power to correct wrongful or disproportionate verdicts. In addition, experts about racism and trauma should not be held to a higher standard than other experts. Commonwealth v. Daniel Rogers.

  • Where an innocent person can feel pressured to “take responsibility” for the crime of which they were convicted in exchange for a chance at freedom, a person’s statements to a parole board should not be used to defeat an otherwise meritorious claim that they were wrongfully convicted. Commonwealth v. McDermott.

  • Misleading forensic testimony and government misconduct are leading causes of wrongful conviction, and the new DNA evidence in this case, alongside a confluence of factors, warrant a new trial. Commonwealth v. Marrero. 

  • To safeguard the presumption of innocence and prevent wrongful convictions, prosecutors must fulfill their duty to investigate both known and potential police misconduct. Graham v. District Attorney of Hampden County.

Our amicus work is just one of many ways we advocate for freedom and fight against injustice, and we are grateful to our community partners, with whom we work in coalition, as well as our pro bono partners, who support this aspect of our work.  The fight continues.

Exoneree Network: Community Impact, June 2023-2024

Supporting Exonerees and Freed People as they Rebuild
June 2023 - 2024


As this community continues to grow, the Exoneree Network (EN) team is hard at work supporting exonerees and their family members, people freed but still fighting a wrongful conviction, and those coming home after long-term incarceration. It has been a busy year for the Exoneree Network, helping people rebuild their lives, and here are just a few of the highlights:

Building the Team

Director Sean Ellis continues to build out this incredible team of people who are skilled and deeply committed to this work based on their backgrounds and life experiences.  With the assistance of Operation A.B.L.E., the Exoneree Network created two part-time positions for individuals who have been freed but are still fighting their legal battles, providing them with much-needed employment opportunities and job skills to enter the workforce after more than 70 years of collective incarceration. 

We are thrilled to have the talents and experience of our new team members:
Raymond Gaines, Peer Advocate
Stephen Pina, Community Engagement Associate

Community Impact

The Exoneree Network has been actively supporting community members and their families through various initiatives over the past year.  Some of our key achievements include:

  • Increased Engagement in Programming: In the last year, the total number of exonerees attending EN programs increased by more than 400%. In addition, the average number of programs attended by each exoneree more than doubled.

  • Increased Program Offerings: We increased our program offerings by 3 times and included more gatherings, therapeutic support, technology and financial literacy training, and opportunities to share stories.

  • Seasonal Stipend Program Launch: EN launched a seasonal stipend program, distributing 94 stipends amounting to $47,000 in direct cash assistance to community members.

  • Tech Trainings with Deloitte: In collaboration with Deloitte, EN organized three tech training sessions for exonerees, enhancing their skills and technological literacy.

  • Support Groups: EN facilitated three support groups, providing emotional and social support to community members.

  • Wellness Retreats: EN hosted four wellness retreats, benefiting exonerees and their significant others, focusing on communication and mental health.

  • Housing & Rental Assistance: EN allocated $16,000 to assist exonerees with rental expenses. The Exoneree Network has also created a “Freedom House” to provide immediate transitional housing for people returning from long-term incarceration, aiding in their reintegration into society.

  • New Day Funds: EN provided $4,000 in new day funds to support various immediate needs of exonerees.

Bringing Our Community Together

The EN hosted or participated in several community events throughout the year, including:

  • A storytelling workshop with Stellar Story for people directly impacted by wrongful convictions. Attendees began to cultivate a personal story library they could draw from when sharing their unique experiences in order to effect change.

  • The third annual Celebration of Freedom & Community at Kimball Farm for people directly impacted and their loved ones to come together to connect, share, and heal.

  • The annual Innocence Network Conference in New Orleans, the world's largest gathering of exonerees, freed people, their families, and advocates. This year, we had 15 exonerees and freed people from New England attend. Collectively, they lost more than 415 years wrongfully imprisoned.

Raising Awareness

The Exoneree Network has seen great success in using our platform to raise awareness about wrongful convictions and the long and difficult journey exonerees and freed people face upon release, including:

  • Advocating for fellow community members by showing up to court hearings to lend support

  • Fighting for legislative reforms that uplift, restore dignity, and instill hope along the journey to freedom, including just compensation for people who have been wrongfully convicted.

  • Working toward the goal of ensuring all exonerees and freed people know they are not alone and have access to support upon their release

Fourth Annual Celebration of Freedom & Community

Attendees Lost a Collective 845 Years to Wrongful Imprisonment

Photo Credit: Craig Bailey


“To see these faces of people I knew on the inside, and to now see them on the outside in freedom, this is powerful stuff.”

On June 1, we came together at the fourth annual Celebration of Freedom & Community at Kimball Farm, a private event for exonerees, freed people, and their loved ones. We shared what freedom and community mean to each of us and celebrated how much our community has grown and continues to grow. Collectively, attendees of this year’s event lost 845 years wrongfully imprisoned. While the journey is marked with joy and sadness, we are grateful when we can come together to heal and uplift each other.

Now through June 30, your gift will be matched (2X)!

My name is Sean Graham. I’m the Community Reentry and Program Specialist for the Exoneree Network, a program of the New England Innocence Project (NEIP) that provides a safe community and support for exonerees and those who have suffered the traumas of long-term incarceration.

We take pride in being led by the experiences, perspectives, and voices of those directly impacted by the criminal legal system — people just like me. I was convicted as a juvenile and spent 18 years in prison. As a member of the very community I serve, I can relate to many of the feelings and experiences of our members.

I know first-hand how much power a court’s decision can have and how it impacts your real life and your future. I understand how your world suddenly changes when you learn of your release — to go from thinking “I’m never going home again” to “Wow, I’m getting an opportunity to live my life” in an instant. I know what regaining your freedom after so many years lost really feels like – this newfound ability to be whoever you want to be – to be yourself again, not just a prison number. But freedom comes with struggles, too.

And for me, regaining my freedom has meant that I now have the ability to help others with those struggles. Through my role at NEIP, I provide our community members with access to housing, psychological care, financial literacy, and technological training. I give people a chance to feel empowered again.

Will you join me in helping exonerees and freed people come home
and rebuild their lives? 

Donate today and your gift will be matched, dollar-for-dollar,
up to $25,000 (through June 30).

For me, the most significant moments in my work may seem small at first, like when an exoneree calls me to tell me he got his driver’s license or when a newly freed person tells me how relieved they are to have a little cash in their pocket. Recently, we provided a NEIP client with immediate housing through our newly created “Freedom House” and I treasured his text message where he told me he is “finally starting to feel like a real human again.” That means everything.

I can tell you firsthand that the work of the New England Innocence Project literally changes lives. Supporting this work allows people who have suffered so much to create memorable moments like raising kids, holding their grandbabies, spending time with their family, mourning those they lost, and building a future. I am so proud to be a part of that. Will you be a part of it, too?

Most sincerely,

 

Sean Graham
Community Reentry & Program Specialist, Exoneree Network
New England Innocence Project

EN Director Delivers Keynote at MBA Annual Dinner

"𝐂𝐨𝐮𝐫𝐚𝐠𝐞 𝐢𝐬 𝐚 𝐜𝐡𝐨𝐢𝐜𝐞. 𝐓𝐨𝐧𝐢𝐠𝐡𝐭 𝐈’𝐦 𝐚𝐬𝐤𝐢𝐧𝐠 𝐲𝐨𝐮 𝐭𝐨 𝐜𝐡𝐨𝐨𝐬𝐞 𝐜𝐨𝐮𝐫𝐚𝐠𝐞 — 𝐭𝐡𝐞 𝐜𝐨𝐮𝐫𝐚𝐠𝐞 𝐭𝐨 𝐩𝐮𝐭 𝐛𝐢𝐚𝐬𝐞𝐬 𝐚𝐬𝐢𝐝𝐞 𝐚𝐧𝐝 𝐥𝐞𝐚𝐫𝐧 𝐦𝐨𝐫𝐞; 𝐭𝐨 𝐛𝐞 𝐜𝐨𝐮𝐫𝐚𝐠𝐞𝐨𝐮𝐬 𝐞𝐧𝐨𝐮𝐠𝐡 𝐭𝐨 𝐬𝐚𝐲 ‘𝐧𝐨𝐭 𝐢𝐧 𝐦𝐲 𝐧𝐚𝐦𝐞’ 𝐰𝐡𝐞𝐧 𝐢𝐭 𝐜𝐨𝐦𝐞𝐬 𝐭𝐨 𝐢𝐧𝐣𝐮𝐬𝐭𝐢𝐜𝐞 𝐚𝐧𝐝 𝐢𝐧𝐞𝐪𝐮𝐢𝐭𝐲.”

— Sean Ellis, exoneree and Director of the Exoneree Network

It was a perfect night last night at the ⁦Massachusetts Bar Association annual dinner where Sean Ellis (second from right), Director of the Exoneree Network, was the keynote speaker. Addressing a sold-out crowd of lawyers, Sean had the attention and intense focus of everyone in the room — you could have heard a pin drop! It was deeply moving. Thank you for being willing to share your story, Sean!

Pictured left to right: Lisa Kavanaugh, NEIP Board member and Director of the CPCS Innocence Program; Damian Turco, MBA President; Sean Ellis, exoneree and Director of the Exoneree Network; Radha Natarajan, Executive Director of the New England Innocence Project.

State of N.H. Drops Opposition to DNA Testing of Evidence in Jason Carroll Case

This is the biggest development in the case in 35 years
and is a big step forward in the fight for Jason’s freedom.

In honor of International DNA Day, it is fitting to share that, in a surprising reversal, prosecutors in New Hampshire have now agreed to DNA test evidence in Jason Carroll’s case, 17 months after we filed our initial request for testing and only days before his scheduled hearing on the issue. This means the world to Jason, who has been wrongfully imprisoned for 34 years, and is a big step forward in our fight to prove his innocence and bring him home.

NHPR’s Jason Moon just launched a new episode of Bear Brook Season 2, which features Jason’s case, entitled “Episode 9: The Reversal”. The episode takes a deep dive into this new development and what lies ahead, including an interview with Jason’s lawyer and NEIP Staff Attorney, Cynthia Mousseau.

Case update: Our fight for Jason Carroll

 
 

STORY UPDATE (April 24, 2024):
State of N.H. Drops Opposition to DNA Testing of Evidence in Jason Carroll Case

This is the biggest development in the case in 35 years
and is a big step forward in the fight for Jason’s freedom.

In a surprising reversal, prosecutors in New Hampshire have now agreed to DNA test evidence in Jason Carroll’s case, 17 months after we filed our initial request for testing and only days before his scheduled hearing on the issue. This means the world to Jason, who has been wrongfully imprisoned for 34 years, and is a big step forward in our fight to prove his innocence and bring him home.

NHPR’s Jason Moon launched a new episode of Bear Brook Season 2, which features Jason’s case, entitled “Episode 9: The Reversal”. The episode takes a deep dive into this new development and what lies ahead, including an interview with Jason’s lawyer and NEIP Staff Attorney, Cynthia Mousseau.

Arrested at 19 years old, Jason Carroll, has been in prison for 34 years for the murder of Sharon Johnson in Bedford, New Hampshire, a murder he did not commit. The only evidence linking him to the crime was his coerced confession, a story Jason provided under emotional duress and at the insistence of his own mother who was a Bedford police officer.

You may be familiar with Jason’s fight for freedom, either through our blog post, “Trying to Untell a Story: Our Fight for Jason Carroll,” or through the popular podcasts, Bear Brook Season 2, “A True Crime Story” and Undisclosed, “State v. Jason Carroll”. We wanted to share with you some updates on his case, which is still ongoing.

Permission to Test for DNA
As was documented in Season 2 of the Bear Brook podcast, after years of legal and investigative work led by NEIP Staff Attorney Cynthia Mousseau and a team of pro bono attorneys at Foley Hoag, in October of 2022, we were alerted to the existence of a box of case evidence in the basement of a New Hampshire courthouse, evidence we thought may have been destroyed. In the box were items that could help prove Jason’s innocence, including items from the crime scene and fingernail clippings taken from the victim. We immediately filed for permission to test the items for DNA.

A Second Box of Evidence
In December 2023, we were scheduled for a hearing where the court would decide if Jason would be allowed to test the items for DNA, something the state has resisted from the beginning. However, only days prior to the hearing, we learned that a second box of evidence from the case had been found!

Despite having waited so long to get a hearing just to decide if we could move forward with DNA testing, we knew that we needed more time to not only examine the second box, but to make sure there was no other evidence out there that might be able to help Jason prove his innocence. It was a tough decision, but we were able to postpone the hearing and successfully argue for Court-ordered searches to be conducted by state and local police departments for any additional case evidence. This included providing details about where they searched and who performed the searches. 

We Will be Ready
Since the Court order, state and local police have found and provided our team with hundreds of pages of documents, electronic and video recordings, and access to the second box of evidence.

It should not have taken so many years to get this evidence, but we are glad Jason finally has access to it. We are now getting ready to explain to the Court why it is so critical that Jason be allowed to test the physical evidence for DNA. It is not only important for Jason but for so many people in New Hampshire to understand the truth about this case. Our hearing is now scheduled to begin on April 30, and we will be ready.

Jason has hope, perhaps for the first time in decades, that this evidence will help prove his innocence and play a crucial role in his journey to freedom. We are inspired by the continued support of our community in our fight for justice for Jason. We will never stop until he is free and can come home to his family.

Learn More About Jason’s Story


Trying to untell a story

I have yet to meet one person that believes they would confess to a serious crime they didn’t commit. Yet, it happens all the time. In fact, there have been approximately 375 exonerations due to DNA evidence since 1989 and in 29% of those cases, the exoneree had given a false confession. This means that almost one out of three DNA exonerations involved a false confession. And these statements have a tremendous impact in a courtroom. Confessions are so powerful, in fact, that juries will often discount actual physical evidence if it contradicts the confession. Just ask Jeffrey Deskovic who, at 16, confessed to the rape and murder of a classmate. Even though DNA from the semen taken from the victim’s body didn’t match Jeff, the jury convicted him. Jeff wasn’t exonerated until 15 years later when further DNA testing showed that the semen belonged to a known murderer who eventually confessed to the crime. 

Our client, Jason Carroll, definitely didn’t think he would ever confess to something he didn’t do. And even after he told police the story they wanted to hear, hoping the truth would come out in the end, he never believed a jury would ignore the fact that his statements didn’t match the undisputed evidence in the case and convict him. But that’s exactly what happened. Click to continue.

Watch our video below, an excerpt from our annual event, “Voices of the Innocent,” hear directly from Staff Attorney Cynthia Mousseau, Jason’s sister Jackie, and Jason’s friends and learn more about Jason’s case.

Bear Brook, Season 2: “A True Crime Story”

Season Two of NHPR’s Jason Moon’s podcast, Bear Brook: A True Crime Story delves into the murder of Sharon Johnson and how a false confession, a story Jason provided under emotional duress, led to his wrongful conviction. 

We are grateful to people who amplify stories of wrongful conviction and the long journeys to freedom. If you haven’t listened to Bear Brook Season 2 and want an exclusive behind the scenes look, please tune in and share it with your friends and family.

Bear Brook: “A True Crime Story” Behind the Scenes
Video of our Live Virtual Event

Did you miss our exclusive live virtual event with Bear Brook Podcast creator, Jason Moon and NEIP Staff Attorney, Cynthia Mousseau, who represents Jason in his fight for freedom? You can now watch and share the video.

Bringing Our Community Together

Joy and Healing Abound at the 2024 Innocence Network Conference

Boston represented in New Orleans, March 22-23, at the 2024 Innocence Network Conference, the world's largest gathering of exonerees, freed people, their families, and advocates. More than 1,200 people attended this year's gathering including approximately 400 exonerees and freed people — together they lost 6,654+ years wrongfully imprisoned for crimes they did not commit.

The joy is palpable when this community comes together to heal and connect after the trauma of long-term incarceration. Thanks to everyone who made this trip possible through your support of the New England Innocence Project and the Exoneree Network. We had 15 exonerees and freed people from New England attend this year, thanks to your support. Collectively, they lost more than 415 years wrongfully imprisoned. Learn more about how you can support exonerees and freed people who have experienced a wrongful conviction as they work to rebuild their lives.

Learn about the healing power of coming together for the Innocence Network conference with our video of the 2023 IN Conference in Phoenix, Arizona below.