Sean K. Ellis Exonerated of Remaining Wrongful Conviction

Superior Court Justice Allows Sean Ellis’s Motion for New Trial on Firearms Offense

 UPDATE 5/6/21: This week, Suffolk County DA Rachael Rollins’ office filed a nolle prosequi, officially dropping the charges and fully exonerating Sean Ellis.


BOSTON, Mass. [May 4, 2021] –
Today, Superior Court Associate Justice Robert Ullmann allowed Sean Ellis’s Motion for New Trial on the gun conviction remaining on his record from his wrongful conviction for the 1993 murder of Boston Police Detective John Mulligan, which was overturned in 2015 after Mr. Ellis spent more than 21 years in prison for a crime he did not commit.

Attorneys Rosemary Scapicchio and Jillise McDonough filed a motion for new trial on the gun conviction on December 9, 2020. On March 17, 2021, District Attorney Rachael Rollins filed her agreement with that motion, stating (among other things) that "[c]orruption at the root tainted every branch of the investigation into Detective Mulligan's murder, including the gun possession charges." The District Attorney said that if the Court allows the motion for new trial, her office will file a nolle prosequi, ending the prosecution of the case.

Judge Ullmann gave his decision orally, stating “This whole case is a very sad chapter in the history of the criminal justice system. Thankfully, this chapter seems to be nearing its conclusion.” He indicated that “justice was not done” in this case because exculpatory evidence that might have changed the outcome of Mr. Ellis’s trial was not provided to him.

Attorneys Scapicchio and McDonough stated, “We are grateful to Judge Ullmann and to DA Rollins for acknowledging so clearly that with withholding of exculpatory evidence results in an unjust trial.  Here the actions of the Boston Police in actively concealing their corruption and withholding evidence resulted in Sean Ellis serving 22 years of a life sentence for a crime he did not commit.  It took 29 years to get here, but never once, did we waiver and justice prevailed.” 

Sean Ellis is the subject of the Netflix docuseries, Trial 4. Since his release from prison, Sean has made significant contributions to his community, working at Community Servings, a Boston nonprofit, serving on the Board of Trustees of the New England Innocence Project, and leading the charge to provide resources to others wrongfully convicted through the Exoneree Network, a collaboration between the CPCS Innocence Program, the Boston College Innocence Program, and the New England Innocence Project.

Wounded But Not Broken, by Sean Ellis

Wounded But Not Broken

By Sean Ellis, exoneree and NEIP Trustee

Photo credit: Boston Globe

My name is Sean Ellis and I was wrongfully convicted and imprisoned for nearly 22 years for a crime I did not commit.  I've been through a horrendous ordeal and as a result, I have been deeply hurt.  I have been vilified in the public eye, I have suffered injuries, I have suffered pain, and I have suffered tremendous loss.  However, despite this grave injustice, I refuse to be broken.  I am unwilling to allow these trials and tribulations to define who I am or put me in a space of inertia or defeatism.  This concept of being wounded but not broken isn't isolated to those who have suffered at the hands of the criminal legal system; it encompasses those who have endured whatever hardships that life has thrown at them and have pushed back against it, refusing to let it crush them, and sought a path toward healing.

How does it feel to still be fighting for some semblance of justice after nearly 30 years?
As I await the Court’s ruling on my motion to overturn my wrongful convictions, I am reliving everything I’ve experienced while fighting this case for more than 28 years. During that time, I lost so much: My dad died, my firstborn nephew died, my next door neighbor died, two very close aunts (both of whom I grew up with) died, my best friend died, and my mother was diagnosed with cancer. They all lived in Massachusetts, but I wasn’t allowed to attend their funerals. The Department of Corrections didn’t allow it because of the Life Without Parole sentence that I was serving. This not only speaks to the inhumaneness of such a sentence, but it also speaks to the trauma and harm I’ve endured at the hands of the Boston police department and the criminal legal system.  When I think about the impact this wrongful conviction has had on my life, I can’t help but think about some of these things, along with the fact that while my mom continues to live, she has more years behind her than she has in front of her.  While my loved ones are happy to have me home, I can’t help but think about the detrimental psychological effects of incarceration, which have negatively impacted the quality of the relationships that I have with my siblings. I am able to keep fighting because, though I am wounded by all of these losses, I remain unbroken.

What would it mean to be fully exonerated of all your wrongful convictions?
I know all too well that the Commonwealth is not usually in the business of pursuing justice, nor are they in the business of exonerating people.  They are in the business of obtaining and sustaining convictions at all costs.  If this was not their standard operating procedure, I would have never spent a day in prison for a crime I did not commit.  I would have been released in 1998 when the information my attorneys and I were seeking (but the former DA’s office withheld) resulted in the arrest of the low-level players in the corruption scheme.  I would have been released when it was learned that in 1994, a year after the murder of Detective Mulligan, there was a simultaneous investigation underway into the conduct of the detectives on my case, Detectives Acerra, Robinson, and Brazil.  I would have been released once it became known that Detectives Mulligan, Acerra, Robinson, and Brazil, along with their supervisor, were present and participated in the kidnapping and robbery of local drug dealers just days before Detective Mulligan’s murder.  The former police commissioner knew the victim was involved in corruption and still placed this cadre of dirty cops amongst who he called “the best and the brightest.” Remember these names…Acerra, Robinson, and Brazil…they infected every aspect of the Commonwealth’s case against me, from the murder to the armed robbery, and right on down to my remaining firearm charges.  They cannot be parsed apart. 

So, when I think about a full exoneration, I first have to divorce myself from the reality of what I know and have experienced personally.  What I can and will say is that for someone to exonerate Sean K. Ellis, the person making that decision has to be of such extraordinary character that they’re willing to go against the status quo in order to do what is right and what is just!  I say extraordinary character because racism and biases exist within the criminal legal system.  Both racism and biases exist within the Office of the District Attorney.  Judge Ball exonerated me when she said that “justice was not done” and the Supreme Judicial Court exonerated me when they affirmed Judge Ball’s decision and referred to the revelations of the withheld evidence, specifically the involvement of Detective Mulligan in the corruption, as a “game-changer.”  I am grateful DA Rollins brought the fortitude and integrity of her life experiences with her to the Office when deciding to assent to my motion for new trial.  I hope that the Court will agree and allow the DA’s office to drop the charges, as they have committed to do, so I can move on with my life.

Why is public acknowledgment of mistakes or injustice so important for people who have been wrongfully convicted?
Public acknowledgment is so important to the exoneree (depending on who you ask) because, as it was in my case, I was vilified in the public eye.  I was vilified to a group of 16 people, 12 of whom decided my fate.  That group of 12 people were given a false narrative and, as a result, they wrongfully convicted me.  I was sentenced to spend the remainder of my natural life in prison based on this false narrative.  A public acknowledgment of mistakes and wrongdoing is equally as important, if not more important, for the proponent of the false narrative, because it’s an opportunity for them to take a step toward justice and say, “Wait, I am not ok with this and I’m not going along with the wrong that was done to this individual.”

Public acknowledgement of injustice in my case is also vitally important because there has been an admission of wrongdoing on the part of the Boston Police Department.  Therefore, there should be an investigation, not just into my wrongful conviction, but all convictions involving the Boston Police Department obtained during the years these corrupt officers were on the force.

As a community, it is our responsibility to fight to ensure that police departments, in particular, and DA’s Offices are operating with transparency and accountability.  Despite how formidable they are, you have the right and the capacity to fight injustices perpetuated by these departments, and we all stand with you in that fight.

Sean is a motivational speaker, and a staunch advocate of criminal justice and prison reform. He is a co-founder of the Exoneree Network and serves as a Trustee on the board of the New England Innocence Project. Sean is a recipient of the 2021 Boston Mountaintop Award for advocacy related to Black innocence within the criminal justice system. Sean’s recently released Netflix Docu-Series, Trial 4 has elevated his voice internationally as he continues to speak about his experiences with racism and injustice within the criminal justice system. Learn more about Sean’s story at www.TrialFour.com.

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Learn More

The Law Offices of Rosemary Scapicchio, the New England Innocence Project, and the CPCS Innocence Program hosted a virtual press conference March 17 in response to District Attorney Rachael Rollins filing in Court assenting to the motion for a new trial for the remaining gun convictions for Sean Ellis.  Watch the press conference video below or click here.


* Edit: Limited edition shirts no longer available*

SHOP OUR LIMITED EDITION “Wounded but not broken” NEIP apparel,
inspired by a Sean Ellis original design

Available until May 16 only!

All proceeds will go to support the work of the New England Innocence Project,
including the work led by exonerees.

Racially Charged: A Film Screening & Conversation

Reserve Your Spot:
April 20 at 6:00 p.m.

Join us on Tuesday, April 20, from 6:00 - 7:35 p.m. for a special screening of the short film, "Racially Charged: America's Misdemeanor Problem" and post-screening community conversation with local leaders from the New England Innocence Project, Charles Hamilton Houston Institute for Race & Justice, and the ACLU of Massachusetts.

This film exposes how our country’s history of racial injustice evolved into an enormous abuse of power using the criminal legal system. 13 million people a year – most of them poor and people of color – are abused by this system. Through first-person accounts of those charged under the Black Codes of the Reconstruction era paralleled with the outrageous stories of people trapped in the system today, the film brings to light the unfolding of a powerful engine of profits and racial inequality. With the emergence of the Black Lives Matter movement, this film provides historical context and examines America’s history of racist oppression.

Conversation and Audience Q&A

Moderated by David Harris, Managing Director of the Charles Hamilton Houston Institute for Race & Justice, the film screening will be followed by a community conversation about how this abuse impacts our community on a local level with Radha Natarajan, Executive Director of the New England Innocence Project, and Rahsaan Hall, Director of the Racial Justice Program at the ACLU of Massachusetts.

D.A. Rollins Files Assent to Motion for a New Trial for Sean Ellis

D.A. Rollins Files Assent to Motion for a New Trial for Sean Ellis,
Provides Next Step Toward Justice After Wrongful Conviction

Sean Ellis and His Attorneys React to the Filing in Press Conference;
Ellis Served 22 Years in Prison for a Crime He Did Not Commit

WHAT:  The Law Offices of Rosemary Scapicchio, the New England Innocence Project, and the CPCS Innocence Program hosted a virtual press conference TODAY, March 17, at 1:00 p.m. in response to District Attorney Rachael Rollins filing in Court today assenting to the motion for a new trial for the remaining gun convictions for Sean Ellis of Boston, a long-awaited step toward justice for Ellis.

On December 9, 2020, Sean Ellis and his attorneys, Rosemary Scapicchio and Jillise McDonough, filed a motion for new trial to overturn the gun convictions remaining on his record from his wrongful conviction for the 1993 murder of Boston Police Detective John Mulligan, which was overturned in 2015 after Ellis spent more than 21 years in prison for a crime he did not commit.  Ellis is currently a member of the Board of Trustees at the New England Innocence Project and is the subject of the Netflix docuseries, Trial 4.

In DA Rollins filing, she stated (among other things) that "[c]orruption at the root tainted every branch of the investigation into Detective Mulligan's murder, including the gun possession charges." The District Attorney said that if the Court allows the motion for new trial, her office will file a nolle prosequi, ending the prosecution of the case.


Media Coverage

GBH: “DA Rachael Rollins Endorses New Trial To Vacate Sean Ellis' Gun Conviction”

GBH, Greater Boston: “Suffolk D.A. Rachael Rollins On Moving To Drop Sean Ellis’ Final Gun Charge”

Boston Globe: “Suffolk DA Rollins files motion to end the long-running prosecution of Sean Ellis”

WBUR: “Rollins Seeks To Erase Sean Ellis' Firearm Convictions”

WHDH: “Suffolk DA Rollins files motion to end decades-old case against Sean Ellis”

About the Law Offices of Rosemary C. Scapicchio
Rosemary Curran Scapicchio is an experienced criminal defense attorney based in Boston. The important work she does on behalf of her many criminal law clients is based on one belief: that the serious charges against her clients require dedication and aggressive advocacy to win their freedom and reunite them with their families.  She has successfully defended many clients nationwide in recent years. Her dedication to giving aggressive advocacy in every case is evident in the number of not-guilty verdicts she is able to secure for her clients.

About the New England Innocence Project
The New England Innocence Project (NEIP) is an independent social justice non-profit committed to correcting and preventing wrongful convictions and fighting against injustice within the criminal legal system for innocent people imprisoned for a crime they did not commit in Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island, and Vermont. Our team provides free forensic testing, investigation, experts, and an experienced legal team to exonerate the innocent and bring them home to their loved ones.  We provide exoneree support as they work to rebuild their lives in freedom through the peer-led Exoneree Network.  We also use our expertise about wrongful convictions to provide education and advocate for legislative and judicial reforms to prevent future tragedies.  For more information, visit NewEnglandInnocence.org.

About CPCS Innocence Program
The CPCS Innocence Program is a unit within the Private Counsel Division of CPCS that is responsible for identifying, litigating, and overseeing counsel assignments in all post-conviction cases in which an indigent Massachusetts defendant asserts factual innocence of the underlying crime and/or seeks post-conviction forensic analysis to support a claim of factual innocence. The Innocence Program aims to identify and fight to overturn wrongful convictions across the state of Massachusetts. Staff and panel attorneys represent indigent state defendants who have been convicted and punished for crimes they did not commit. The program accepts both DNA and non-DNA based innocence claims, with special attention to cases involving eyewitness identification, flawed or invalidated forensic science, false confessions, and police and prosecutorial misconduct.

Sean Ellis, New England Innocence Project Trustee, Featured in Netflix's Trial 4

 
 

Trial 4, an eight-part Netflix Original docuseries, tells the story of Sean Ellis’s wrongful conviction for the murder of a Boston Police Officer. Sean was just 19 years old when he was arrested. It was only after three trials that Sean was convicted, but the evidence used against him was unreliable. Sean spent 22 years in prison for a crime he did not commit, working with his lawyer Rosemary Scapicchio to expose the police corruption, systemic racism, official misconduct, and faulty forensics that led to his wrongful conviction. In 2018, Sean was exonerated.

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Live Panel Discussion

Watch panelists Sean Ellis, exoneree and NEIP Trustee; Attorney Rosemary Scapicchio, Devin McCourty and Jason McCourty of the New England Patriots, and D.A. Rachael Rollins as they discuss truths and myths about the criminal legal system, the role race plays in the system, and how we must come together to fight for justice. Moderated by Radha Natarajan, Executive Director of the New England Innocence Project.

Sadly, Sean’s story is not unique. It is just one example of the countless injustices happening every day to people throughout New England and across the country. Since Sean’s release from prison, he has committed his time and energy to raising awareness of the fundamental failures of the criminal legal system and to supporting his family and community. He has spoken locally and nationally about the impact of wrongful convictions and the importance of mobilizing for change. Sean joined our Board of Trustees and is the Project Coordinator for and co-founder of the Exoneree Network, an initiative funded by NEIP to support the practical, emotional, and spiritual reentry needs of exonerees. Sean is an essential and integral part of the exoneree community and of the New England Innocence Project. Watch Trial 4 to learn more about Sean’s story.


What Can You Do to Help?

Wrongful convictions are not isolated incidents or the result of a few bad actors, but an inevitable result of a system designed to enslave Black and brown people. Therefore, if we don’t fight to change the system that perpetuates these injustices, there will always be wrongful convictions and more stories like Sean’s.

Leave a note of support for Sean

In the comments below, we welcome you to leave a note of support for Sean and/or your commitment to work alongside us to fight against injustice.

Be an ambassador

Share stories about wrongful convictions like Trial 4, and the work NEIP is doing to free innocent people from prison, with your family and friends and have a discussion about it. Real stories of injustice have the power to change minds and open hearts; they reveal our common humanity and can spark a movement and we need your help to amplify them.

Subscribe to our e-newsletter

Stay up to date on NEIP news and events, exoneree stories, urgent policy calls-to-action and more by signing up for our e-newsletter.

Make a donation to the New England Innocence Project

If you are moved by what you have seen, support the work we do together to correct and prevent wrongful convictions and suppport exonerees upon their release by making a donation.

We are a community. We can be a movement. Join us.

Thank you!

Boston Man Exonerated After Serving 40 Years for a Crime He Did Not Commit

James Watson’s Murder Conviction Overturned
After Serving 40 Years for a Crime He Did Not Commit

 
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BOSTON – November 11, 2020 – Boston-native, James J. Watson, the second man convicted for the 1979 murder of Boston cab driver, Jeffrey Boyajian, had his conviction overturned on November 5, 2020. Having served almost forty-one (41) years for a crime he did not commit, the Suffolk County District Attorney’s Office dismissed all charges against him on November 10, 2020. Three years earlier, after serving thirty-eight years for a crime he did not commit, Watson’s co-defendant Frederick Clay was exonerated as well.

Though serving a sentence of life without the possibility of parole, Watson was released in April 2020 due to the strength of his wrongful conviction claims and the danger he faced in prison due to his age and medical conditions. On November 5, 2020, a Suffolk County Superior Court Judge overturned Watson’s conviction after allowing his motion that raised concerns about prosecutorial and police misconduct, incentivized and coerced witnesses, hypnosis-induced misidentifications, ineffective assistance of counsel, and the absence of his DNA on any items connected with the murder.

The Suffolk County District Attorney’s Office assented to Watson’s Motion for New Trial and dismissed all charges. In doing so, District Attorney Rachael Rollins noted: “Upon review of the evidence, including that advanced by the defendant in his motion and that gathered by the Commonwealth after receiving the motion, and after extensive investigation and scrutiny by this office’s Integrity Review Bureau, the Commonwealth has concluded that the interests of justice would not be served by the prosecution of this case.”

Attorney Barbara Munro, Watson’s counsel appointed by the Committee for Public Counsel Services Innocence Program, explained, “The greatest injustice is to take an innocent man away from his son and family. This could have been prevented here if the then-prosecutor had not withheld from the defense the fact that the eyewitnesses were hypnotized prior to their identifications of Mr. Watson, rendering them unreliable.” In addition to the unreliable eyewitness evidence, other witnesses were given incentives to testify against Watson, including promises of new apartments in public housing and threats that their children would be taken.

Co-counsel, Attorney Madeline Blanchette noted, “It is impossible to undo the intergenerational trauma that this wrongful conviction inflicted on Mr. Watson and his family, but his exoneration now means that there is still opportunity for healing.” At yesterday’s celebration, Watson’s son, Don, who was fifteen-months old when his father went to prison, told Blanchette and Munro, “All that matters to me is I get to comfort my dad now and do things with my dad now.”

Along with Munro and Blanchette, Mr. Watson’s case was supported by other groups as well. The New England Innocence Project funded investigation into Mr. Watson’s wrongful conviction. Nardizzi & Associates Inc. conducted critical and extensive investigation into the forty-one-year-old case. Kristin Dame, the Director of Private Social Work Services at CPCS, provided critical reentry support services to Mr. Watson. Dr. Mary Bassett, The Sentencing

Project, and Katharine Naples-Mitchell of the Charles Hamilton Houston Institute for Race and Justice at Harvard Law School, filed an amicus brief in support of Mr. Watson’s April 2020 request to be released.

Thomas Rosa Freed from Prison After 34 years

Thomas Rosa, Jr., of Chelsea is Freed from Prison 
After Being Wrongfully Incarcerated for 34 Years for a Crime He Did Not Commit

BOSTON – October 19, 2020 – The New England Innocence Project and the Boston College Innocence Program announce today that their client, Thomas Rosa, Jr. of Chelsea, was freed from prison and reunited with his family on October 15, 2020, after being wrongfully incarcerated for 34 years for a crime he did not commit. Mr. Rosa’s release is based in part on the strength of the DNA evidence obtained after his conviction and scientific evidence undermining the eyewitness identifications in the case.

A decision on October 14, 2020, by Justice Gaziano, acting as the Single Justice for the Supreme Judicial Court, allows Mr. Rosa to be freed while the Superior Court considers his Motion for New Trial.  His attorneys, Radha Natarajan of the New England Innocence Project and Charlotte Whitmore of the Boston College Innocence Program, filed the Motion for New Trial on June 29, 2020, presenting numerous arguments why his convictions should be overturned. Justice Gaziano wrote that “the DNA evidence, if correct, in conjunction with the Defendant’s other claims, could well establish that ‘confluence of factors’ that would indicate that a new trial is required.”  

Mr. Rosa, who has always maintained his innocence, was wrongfully convicted in Suffolk County Superior Court for the 1985 murder of Gwendolyn Taylor. Mr. Rosa presented himself voluntarily to the police and was tried three times, facing one mistrial and one overturned conviction before the final conviction in 1993.

The Suffolk County District Attorney’s Office helped secure Mr. Rosa’s release through a petition to the Single Justice of the Supreme Judicial Court, arguing that Mr. Rosa’s motion for postconviction relief has merit, he presents no danger to the public, and his age and underlying health conditions put him at risk of death or serious injury if he were to contract COVID-19 in prison.

“Mr. Rosa has waited a long time – too long – for this day. We are grateful to Suffolk County District Attorney Rachael Rollins for recognizing how important it is for Mr. Rosa to be freed so that he has the opportunity to prove his innocence in court,” said Attorney Radha Natarajan, Executive Director of the New England Innocence Project, who has been representing Mr. Rosa for the last five years. “We will not stop fighting for Mr. Rosa until this wrongful conviction is overturned.”

“We are thrilled to welcome Mr. Rosa home,” said Mr. Rosa’s co-counsel, Boston College Innocence Program Supervising Attorney Charlotte Whitmore. “Many BCIP students worked tirelessly behind the scenes to help achieve this long-awaited outcome and we are privileged to continue to partner with the New England Innocence Project to pursue justice for Mr. Rosa after so many years of wrongful imprisonment.” 

In the coming months, Mr. Rosa’s legal team and the Commonwealth will submit additional briefings. Going forward, Mr. Rosa will take small steps to start rebuilding his life after decades of wrongful incarceration, and he has significant family and community support to help him do that. 

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MEDIA COVERAGE

Boston 25 News: “Chelsea man released from prison after serving 34 years for murder he says he didn’t commit”

WBZ-TV, Ch. 4: “Man who says he was wrongfully convicted of murder freed”

NBC Boston: “Mass. Man Who Says He Was Wrongfully Convicted of Murder Freed”

Associated Press: “Man who says he was wrongfully convicted of murder freed”

MassLive: “'We will not stop fighting’: Charged with 1985 killing of 18-year-old Boston nurse’s aide, Thomas Rosa Jr. released after 34 years in prison due in part to new DNA evidence'"

Boston Globe: “Chelsea man freed after 34 years in prison for murder he says he didn’t commit”

"My Bee was a courageous fighter"

Six years ago yesterday, exoneree Bernard (“Bee”) Baran passed away suddenly at the age of 49, only 8 years after rejoining his family in freedom. Bee was wrongfully convicted in 1985 and spent 22 years in prison for a crime he did not commit. His niece, Crystal Squires, continues to keep his memory alive, sharing this emotional story about her loving uncle, Bee, and coping with injustice and profound loss.

Please watch Crystal live on stage at our inaugural storytelling event last December, Voices of the Innocent: Still We Rise.

We have moved

The New England Innocence Project has a new home!


Please note our NEW address and phone number:

New England Innocence Project
1035 Cambridge St., Suite 28A
Cambridge, MA 02141

Our NEW phone:
617-945-0762

We look forward to hearing from you!

 
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Mask Donation Drive: Updated 10/20/20

Mask Donation Drive a Success
Thank you for Helping to Protect Incarcerated People from COVID-19

Post Updated 10/20/20

 
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We are happy to share that our mask donation drive (July - September, 2020) was a success. Over the last three months, we delivered more than 4,000 reusable cloth masks to MCI-Shirley, the prison with one of the largest COVID-19 outbreaks in Massachusetts. An enormous thank you to everyone who sewed or donated cloth masks!

Since detention conditions do not allow for adequate social distancing, sanitation, or medical attention, they are ideal incubators for COVID-19 and threaten our community members. Many people, as a result of their incarceration, suffer from conditions that put them at greater risk for illness or death should they contract the virus.

Your efforts are helping save lives by protecting incarcerated people in Massachusetts, including our clients.  A special thank you also to Sewa International and Boston Area Mask Initiative for their bulk donations.

We’re incredibly grateful to our entire community for your support!

 
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Take the Wrongful Convictions Quiz

REVISED: Thanks to our community, we reached our goal of unlocking $50,000 toward the fight for freedom! We greatly appreciate all who participated. While we reached our financial goal, together we can continue to raise awareness about the root causes of wrongful convictions and their devastating impacts.

Take the quiz, share it with friends and family, and view our new Resource Guide to help us meet our new goal of reaching 2,600 people with the quiz by July 31. Go to the Quiz

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Unlock a $100 Donation Toward the Fight for Freedom

Understanding root causes of wrongful convictions and their devastating impacts is an important part of the fight against injustice.

Take our 5-minute Wrongful Convictions Quiz and unlock a $100 gift toward the fight for freedom.

Share the quiz with your family and friends to raise awareness and help us reach our goal of unlocking $50,000 by July 31.

Statement from the Innocence Network

On May 25th, George Floyd, a 46-year old Black man, was killed by police after an officer kneeled on his neck for nearly nine minutes. Floyd’s life and future is one of many taken unjustly by police brutality. Between 2013 and 2019, police violence in the United States led to the deaths of 7,666 people, most of them Black Americans. The number of police killings in the country disproportionately affects Black people, who are three times as likely as white Americans to be killed by the police. In 8 of the 100 largest cities in the United States, police departments kill Black men at higher rates than the U.S. murder rate itself. It makes no difference the crime rate of the city—levels of violent crime in U.S. cities do not determine rates of police violence. And rarely is there ever any accountability; in 99% of the cases where an officer killed a civilian between 2013 – 2019, the officer was not charged with a crime.

Police brutality is not new, and the protests against police brutality represent the pain and hurt not just for the death of George Floyd but for the deaths of all Black people killed by police before him. The root of the George Floyd unjust killing— the systemic and racist view that Black people must prove they are not dangerous, that they are not entitled to a presumption of innocence—has resulted in the death of Black people in the United States for centuries through police brutality and wrongful convictions.

The work of the Innocence Network— made up of 67 independent innocence organizations [including the New England Innocence Project] —often lays bare the reach and effects of systemic racism and white supremacy within the criminal [legal] system and our society at large. The Innocence Network joins the Black Lives Matter movement in condemning the senseless murders of George Floyd and Breonna Taylor, and all Black individuals killed by police brutality. The organizations of the Innocence Network offer our sincerest condolences to their families and to the many unnamed families who continue to face the heartbreaking loss of loved ones at the hands of white supremacy.

As a coalition of organizations dedicated to freeing people incarcerated for crimes they did not commit, we affirm our commitment to combat white supremacy and anti-blackness in all forms and in all places. This includes in our own organizations, institutions, practices, and offices. The Innocence Network values racial equity and understands that we must first grapple with our own complicity before we can even begin to tackle racial justice at large. Finally, we acknowledge the unbelievable pain and burden this causes our clients and colleagues of color in the Network. To our clients, coworkers, colleagues, and friends: we stand with you.

May we utilize the breaths we take for granted to fight for those who have lost theirs. As James Baldwin taught us, "not everything that is faced can be changed, but nothing can be changed until it is faced."

The Innocence Network 

View the Innocence Network Resource Guide

Boston Man Exonerated After Serving 20 Years for a Murder He Did Not Commit

Commonwealth Drops Case Against Keyon Sprinkle
Who Was Wrongfully Convicted in 2002

BOSTON, Mass. [May 12, 2020] – Yesterday, the Suffolk County District Attorney’s office dropped its case against Keyon Sprinkle, of Boston, MA, who was wrongfully convicted of a 1999 murder and spent 20 years incarcerated for a crime he did not commit. The case against Mr. Sprinkle’s co-defendant, Clarence Williams, was also dropped.

On January 29, 2020, the Suffolk Superior Court allowed Mr. Sprinkle’s motion for new trial, officially overturning his murder conviction. After a lengthy hearing, the Court found credible evidence that two other people – discovered through extensive investigation – were responsible for committing the murder for which Mr. Sprinkle was wrongfully convicted.

The Court specifically noted that Mr. Sprinkle “has been steadfast in his claim that he is innocent,” and his testimony was so compelling that it made the Court more certain that “justice was not done” in his case.

After his conviction was overturned, Mr. Sprinkle was released from prison on February 6, 2020, with the consent of the District Attorney’s office. Yesterday, the District Attorney filed a nolle prosequi, declining to pursue the case further.

"We are thrilled that this nightmare is finally over for Mr. Sprinkle,” said Radha Natarajan, Executive Director of the New England Innocence Project, an organization supporting Mr. Sprinkle’s innocence case. “Over the last 20 years, Mr. Sprinkle has never stopped fighting to prove his innocence.  Now he can enjoy his freedom with his family.”

Along with Mr. Williams, Mr. Sprinkle was convicted of the murder of Charles Taylor on November 16, 1999. Mr. Sprinkle refused a plea offer by the government in the middle of trial, consistently maintaining that he had no role in Mr. Taylor’s killing. Mr. Sprinkle was represented by a pro bono team of attorneys, including Peter Parker; Joseph Savage and Ashley Drake of Goodwin Law; and Chad Higgins of Bernstein Shur.

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Keyon’s Dream Team

A tremendous thank you to Keyon Sprinkle’s legal team and investigator! On Thursday, November 19, 2020 at our virtual event, Voices of the Innocent: Power in Community, we honored the efforts of these outstanding pro bono partners to "bend the arc of the moral universe toward justice."

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Read more about Keyon’s story at The National Registry of Exonerations

A Video “Letter of Thanks”

Giving Tuesday Now: May 5, 2020

How can we ever thank our supporters enough? In honor of Giving Tuesday Now, a global movement to respond to unprecedented need due to COVID-19, we want to share some of the heartfelt notes of hope and gratitude we've received from the innocent men and women currently fighting for their freedom from behind prison walls. We cannot imagine the incredible challenges our clients face amid this pandemic, and we are humbled and inspired by their words. Thank you for your support and for making our work possible. As you can see by the above 2-minute video letter, it means the world to all of us.

DNA: A Window Into Our Flawed Criminal Legal System

 
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April 25 is National DNA Day, an opportunity to share how forensic DNA analysis has transformed our understanding of the criminal legal system.  While the American legal system was premised on the notion that it is better to have ten guilty people go free than to have one innocent person imprisoned, DNA testing has revealed how far we are from the ideal of that bedrock principle.

Because DNA testing can reliably help identify the person who committed a crime, it has been crucial to revealing how flawed investigations, prosecutions, and jury decisions have led to the wrongful imprisonment of innocent people.

Before the use of DNA testing, there was a general belief that our criminal legal system was infallible.  Even where there was an acknowledgement of error, it was seen as the product of an isolated mistake due to the bad faith of a single bad actor.  However, beginning in 1989, a steady stream of DNA exonerations has clearly demonstrated – to all willing to look – that wrongful convictions of innocent people do happen.  Not because of a single bad actor, but as a result of common problems within our legal system and our culture of fear-driven mass incarceration.  

DNA testing has revealed the myriad ways in which innocent people can be convicted of crimes they did not commit, such as mistaken eyewitness identifications, false confessions, flawed forensics, unreliable informants, and racism.  Yet, DNA testing can only be performed in a small fraction of the criminal cases prosecuted.  Fortunately, data from over 30 years of exonerations helps us identify these red flags in wrongful conviction cases, enabling us to detect and uncover evidence of error even where DNA testing is unavailable. 

While the majority of the cases NEIP handles do not involve any evidence that can be tested for DNA, DNA exonerations establish the bookends of our nearly 20-year fight for justice.  One of the very first exonerations we celebrated was for Dennis Maher in 2003.  Dennis, then a sergeant in the United States Army, was wrongfully convicted of sexual assault in 1984 based entirely on mistaken eyewitness identifications.  Once DNA testing became available, Dennis and his legal team tried unsuccessfully for years to locate and test the evidence in his case.  Prosecutors and the Court repeatedly opposed his efforts because they were so convinced of his guilt.  However, after the evidence was located, Dennis was finally given the opportunity to prove his innocence through DNA testing, and the results were conclusive. In 2003, after serving 19 years in prison for crimes he did not commit, Dennis was exonerated and able to return home to his loved ones.

This past winter, with the help of a Ropes & Gray pro-bono legal team, we celebrated the exoneration of Gary Cifizzari.  (It is not lost on us that, had it been even a couple of months later, Gary’s underlying health conditions could have turned his wrongful conviction into a death sentence with the rise of COVID-19 in our overcrowded prisons.)  Gary was wrongfully convicted in 1984 based solely on faulty forensics: now debunked bitemark evidence.  As with Dennis’s case, and with many other wrongfully conviction cases, Gary’s legal team tried for years to locate the physical evidence from the crime scene to test it for DNA, but they were told it was lost or destroyed.  Fortunately, the evidence still existed and, when tested, established what Gary had said for 35 long years: He was innocent.  Gary was finally exonerated in December 2019.

In all of our cases, those that involve DNA and those that do not, our clients face a lengthy uphill battle as people continue to believe the myth that a person convicted within our criminal legal system must be guilty.  We meet the challenge by using reliable methods to demonstrate innocence, including scientific testing, scientific advancement, and fact investigation, methods that are time-consuming and costly.  We have learned that, while it is relatively easy for a wrongful conviction to happen, it takes a wealth of resources to correct even one. 

On this National DNA day, we recognize and celebrate the significant role DNA has played in exposing flaws in our criminal legal system, one wrongfully convicted victim at a time.  It is time to learn from our mistakes and invest in prevention by taking all the knowledge about wrongful convictions we’ve amassed over the last 30 years and overhaul our criminal legal system so it can, one day, be closer to a system of justice.