A conviction may be classified as wrongful for two reasons: A jury of my peers found me guilty with the evidence that was presented to them and not the true facts., At the time, his sons were 4 and 5-years-old. This document answers many of the questions you may have about the new law. Hochul Projects Horse Racing Renaissance, Declines to Share Evidence. Maintaining his innocence, he was retried and convicted again to life in prison. At the time, all we knew was that he had been forced to give up his green card. he Legal Aid Society Wrongful Conviction Unit, Consumer Information (ABA Required Disclosures), Enough is Enough: Combating Sexual Misconduct, Muhammad Faridi 07 Appointed Civilian Representative on NYPD Oversight Committee, The End of Exile: CLEAR celebrates Akram Djumaevs win 7 years in the making. The Defenders Clinics new grant-funded wrongful conviction project will build on the expertise developed through its parole and clemency work, add forensic evidence investigation to its post-conviction practice and deepen a long-standing partnership with The Legal Aid Society. Wrongful Conviction Clinic. New York, NY 10038. Click here to learn more and register. To find out if The Exploitation Intervention Project is able to assist you in having your trafficking-related convictions vacated and the records sealed, contact Leigh Latimer at 646-385-5025 or lelatimer@legal-aid.org. Research shows challenges to wrongful convictions have extremely low success rates; even defendants who were later exonerated by DNA evidence had their appeals rejected in more than 90 percent of cases, one study. Heres what you should know about the new sealing law and the sealing process. Paralegal II - Wrongful Conviction Unit at Legal Aid Society New York City Metropolitan Area. The Clinic frequently works with the Criminal Trials, Appeals and Case Closed units of The Legal Aid Society. After being in prison for three decades, he was finally granted clemency and released in early 2019. Chao Tzee Cheng was the son of a professor in cultural studies and a school principal.Of Cantonese origin, he later migrated to Singapore with his parents and received his education at Catholic High School and Victoria Continuation School. Additionally, each year, the Defenders Clinic hosts an experienced attorney on leave from The Legal Aid Society as a Fellow and Supervising Attorney. Alfonzo Riley, pictured above, worked with the Defenders Clinic on his clemency application; he was granted clemency from Governor Cuomo in 2018 after 30 years in prison. As a result, the Unit has been able to take on more clients, reinvestigate their cases and advocate for their exoneration and release. The Legal Aid Society Wrongful Conviction Unit Jan 2021 - Present 2 years 2 months. For Elizabeth Felber, the director of the Legal Aid Society's Wrongful Conviction Unit, . The PATRIOT ACT is invoked against TREASONOUS Justices aiding and abetting abject fraud culminating in GENOCIDE of the American middle class. Enough is Enough: Combating Sexual Misconduct | Notice of Non-Discrimination | Legal Notices | CUNY Copyright | Text Only View | Convicted but innocent: wrongful conviction and public policy. Despite his obligation to correct false testimony by witnesses, Hale did not challenge Graves claims. Sims trial lasted five days. Copyright 2022 The City University of New York School of Law | 2 Court Square, Long Island City, NY 11101-4356 | Phone: 718-340-4200 Today, DNA testing has developed to a point where reinvestigation, reanalysis, or retesting of biological evidence can help prove innocence. Anthony Sims case shows the conflict of interest inherent in Conviction Review Units led by former prosecutors, critics say. On the night of May 18, 1998, Anthony Sims, 22, drove his friend, Julius Graves, 23, to a Chinese take-out restaurant in the Brooklyn neighborhood of Bushwick. Queens DA Melinda Katz Moves To Expunge 60 Convictions Linked To Corrupt NYPD Officers, We rely on your support to make local news available to all, Overdose prevention centers save lives but remain in legal limbo, as NYC moves toward expansion, Overdoses of two men leaving Manhattan gay bars last spring found to be homicides, A man is dead after an encounter with police in New Jersey, Suspect arrested in connection with NJ State Trooper shot in leg. Mr. Gonzalezs office will seek to dismiss the remaining cases over the next few weeks. Sims told him he couldnt think like that. Each summer the WCU will host two CUNY Law students who will receive paid public interest internships. 111 Dr. Martin Luther King Jr. Blvd. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. Cooper said he felt he could not have the CRU review his case when Hale was running it. I know in my heart and God knows that I am not capable of what I was convicted of, Sims said, according to a court transcript. Rooms are limited and are available on first come first serve basis. Notre Dame Law Schools Exoneration Justice Clinic is committed to correcting the miscarriage of justice and investigating, litigating, and overturning wrongful convictions. In court, Katz promised that these expungements were just the beginning as her office continues to probe the work of the other officers tied to convictions in Queens. Nobody is currently incarcerated as a result of these convictions, and none of the 13 officers involved in the cases remain on the force. Riley also believes that there are many others who deserve the second chance that he received. The Legal Aid Society can assist with wrongful convictions, applications for commutation and pardon, and the sealing of past criminal records. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. Brooklyn, Manhattan, Queens, and Staten Island Trial Offices, the Homicide Defense Task Force Unit, Wrongful Conviction Unit, Parole Revocation Unit, and the Criminal Appeals Bureau. Or email: wcu@legal-aid.org. Help us raise awareness about the causes, costs, and remedies of wrongful conviction each year on October 2. This case presents a number of disputed factual and legal issues which are appropriately resolved in a court of law and not in the media, the statement said. But this is not enough to protect an applicant to the CRU from an inherent conflict of interest, said Collins, who met Sims twenty-five years ago while they were both incarcerated in New York. According to Sims and his attorneys, Hale committed additional misconduct when he failed to disclose that the Brooklyn DAs Office was paying for Graves and his family to enter a witness relocation program. Pro Bono Scholar, Wrongful Conviction Unit at The Legal Aid Society The Legal Aid Society will be hosting its Wrongful Conviction Day event over Zoom on Oct. 6. New York Focus I want to support him now because hes another one of the many individuals thats in there for something he didnt do, said Cooper. Their scientists will collaborate with the Delivering Justice Project to determine the most appropriate DNA testing and analysis. The judge admonished Hale for committing prosecutorial misconduct. She struck the witnesss testimony, but allowed the case to proceed. New York, NY 10013 (Tribeca area) $73,868 - $78,030 a year. On Monday, the Legal Aid Society announced it had proven to the court that Davis did not shoot and kill a man at a 2004 party in East New York. Elizabeth Felber, supervising attorney for the Legal Aid Society's Wrongful Conviction Unit, said she hopes the next head of the unit, Hale's replacement, comes from the defense community, as has been the practice in other jurisdictions in New York, such as . All Rights Reserved, Anthony Sims, seen here in 2019 with his wife Keisha, has been imprisoned for over two decades for a murder he says he didn't commit, For more than two decades, Sims has tried to overturn his conviction in the appellate courts, without success. Tenant/landlord issues. . Another 20 were tossed because they hinged on the work of Detective Sasha Cordoba, who pleaded guilty in 2018 after prosecutors found she made repeated false statements in a gun possession case in Washington Heights in Manhattan. The other six convictions stemmed from the work of former NYPD Detective Oscar Sandino, who was charged in 2010 and pled guilty to sexual assault and other sexual misconduct charges involving arrestees. Include a mailing address for the CRU to contact the convicted person or their attorney. Seven have been exonerated since his first term began in November 2017, but two others were exonerated while Gonzalez was acting DA. How can I contact you?" These positions require . The Brooklyn review has been underway since last year and came after the offices review of cases involving a former narcotics detective, Joseph E. Franco, who was charged with perjury and other offenses in connection with his undercover work and testimony for prosecutors. | translate }}, {{ 'Find and save resources 24/7 from anywhere' | translate }}, {{ 'Get the free One Degree App. The WCU is also currently collaborating with private firms and criminal justice advocates, such as Jeffrey Deskovic and Derrick Hamilton. Civil law is the law that controls non-criminal issues.Civil lawsuits generally do not result in jail time or "punishment." Instead, the outcome of a civil case is usually an order from a judge that one person pay another person money to make up for harm that they caused, handling a family law (custody, divorce, etc.) After taking office in 2014, Thompson expanded the Conviction Review Unit, fulfilling a campaign promise and earning a wave of laudatory national media attention. But this is not enough to protect an applicant to the CRU from an inherent conflict of interest, said Collins, who met Sims twenty-five years ago while they were both incarcerated in New York. Not only was Anthonys life taken and he was ripped from his family, but the victim never got justice, Keisha told New York Focus. View Case Acceptance Criteria. BY: Elizabeth Dickinson | DATE: Jan 04, 2021, BY: Naz Ahmad, Acting Director of CLEAR | DATE: Feb 01, 2023, Delivering Justice: CUNY Law and The Legal Aid Society Team Up to Reduce Incarceration through Post-conviction Testing of DNA Evidence. c/o The Legal Aid Society Sims with his sons, Antoine and Anthony Jr., in 2015 | Keisha Sims. If you were convicted of a criminal offense as a result of having been sex or labor trafficked, you may be eligible to have your record sealed. If you are innocent and have exhausted all appeals for a conviction in New York City, write to The Wrongful Conviction Unit and request our questionnaire to be considered for representation: The Wrongful Conviction Unit Visit website. This is a very important role; the work of this committee is of extraordinary importance, not just to the Muslim community, but to all communities in New York. The hundreds of convictions thrown out in the Bronx involved Mr. Franco. The mission of the Wrongful Conviction Division is to identify and litigate claims of actual innocence in post-conviction proceedings. Three weeks later, all his charges were dropped. Founded in 1876, the Society provides a full range of civil legal services as well as criminal defense work, and juvenile rights representation in . The collaboration between the Defenders Clinic and The Legal Aid Societys Wrongful Conviction Unit will help the next generation of social justice attorneys develop vital lawyering skills while increasing access to post-conviction legal representation. Her proof: an industry-commissioned study that she refuses to release. Two additional witnesses did not identify Cooper from a photo array. I had to forgive him, because I didnt want to walk around bitter., He reassured his son: Everything is gonna work itself out. A PRDU Staff Attorney represents clients accused of violating their conditions of release at administrative parole revocation hearings and recognizance hearings held in the criminal courts, federal detention facilities, hospital prison wards and, where applicable, local correctional . 5 Legal arrangements have come into existence with the need for protecting the human honour. In a statement responding to questions sent to the DAs office by New York Focus, spokesperson Yaniv characterized Sims account as novel. Sims trial counsel has since died. | translate }}, {{ "Add or edit any resource" | translate }} All Rights Reserved. Even if he was not part of the review process, youre still asking a subordinate to make a finding about his superior., Conviction review units, said Sims, should not even be housed in prosecutors offices. Member Board of Directors Drama Club Feb 2015 - Jun 2022 7 years 5 . The group Families of the Wrongfully Convicted, along with lawyers from the Legal Aid Society, argued that the Conviction Review Unit established in 2014 under the late Brooklyn DA Kenneth . Convicted but innocent: wrongful conviction and . Collins was wrongfully convicted in 1995 in Brooklyn; his own investigation led to his exoneration in 2010. (2) "Certificate of inspection" means an unsworn statement, declaration, verification, or certificate made in accordance with the requirements of chapter 5.50 RCW by a qualified inspector that states that the landlord has not failed to fulfill any substantial obligation imposed under RCW 59.18.060 that endangers or impairs the health or safety of a tenant, including (a) structural members that . Two men who died of drug overdoses after leaving Manhattan gay bars last spring died by homicide, according to findings from New York Citys chief medical examiner. Graves only agreed to testify after his fiance was arrested, according to a statement he gave in 2002, which he has since recanted. Prior to joining the Legal Aid Society, Sherry was Of Counsel Bashian P.C. Speakers have ranged from scientists and academics to practicing attorneys. The letter asked the offices to review and erase convictions in which the officers played a role. It was founded in 2012 in conjunction with the Center on Wrongful Convictions at Northwestern University School of Law. According to Coopers civil complaint, two eyewitnesses said they recognized the assailant and it was not Cooper. 9, 2019). 2023 The Wrongful Conviction Unit continues to grow in size and outreach since its inception in 2019. As the Court has obviously seen, I have nobody else that has said that, Hale told the court. So its easy to sweep things under the rug, its easy to rubber stamp things., Sims was 24 when he was convicted. We are excited that this collaboration with the Wrongful Conviction Unit will provide more access to legal advocacy for incarcerated New Yorkers, while also growing CUNY Laws relationship with the Legal Aid Society, one of our closest partners, said Nicole Smith Futrell, Associate Professor and Co-Director of the Defenders Clinic. This conference is for Defense Attorneys only. This year, our 8th Questioning Forensics is titled A juror, an expert & an algorithm walk into a courtroom: Miscommunication in forensics and will focus on misleading testimony and the role of human factors in forensics. For Scandal-Plagued For-Profit Colleges, No State Is More Welcoming Than New York. WCU hears directly from incarcerated persons seeking help, many have been in prison for over 20 years, and in many cases, evidence was collected but never tested. Mark Hale, right, was chief of the Brooklyn District Attorneys Conviction Review Unit from 2014 until his retirement in 2021. Elizabeth Felber, supervising attorney for the Legal Aid Societys Wrongful Conviction Unit, said she hopes the next head of the unit, Hales replacement, comes from the defense community, as has been the practice in other jurisdictions in New York, such as Queens and Westchester. Job Description The Legal Aid Society's Parole Revocation Defense Unit has an immediate opening for a Staff Attorney. About 100 convictions were allowed to stand, prosecutors said, after the office determined that other corroborating evidence existed aside from the officers testimony. INTRODUCTION The Clerk has sent to the Court for review a pro se civil.20230302561 DNA; Non-DNA; Legal Aid Society Wrongful Conviction Unit. One eyewitness, who knew both Sims and Graves, called police and told them that she saw Graves, not Sims, running out of the restaurant with a gun in his hand, according to a report by Graves fiancee. White Plains, NY 10601. It is my belief Mr. Graves will indicate he in fact saw the defendant shoot and kill the deceased in this case. In the Clinics Second Look Project: Beyond Guilt, students work diligently on parole and clemency cases to locate and review court documents and records, re-investigate cases, and prepare motions and advocacy petitions. Post-conviction case files will be reviewed to determine which evidentiary item(s) should be initially tested for DNA and/or retested using modern, advanced technologies. Find and save resources 24/7 from anywhere!' Legal Aid Society (1) The Legal Aid Society (1) Get fresh Wrongful Conviction jobs daily straight to your inbox! Alfonzo Riley, a paralegal in The Legal Aid Society's Wrongful Conviction Unit, was recently profiled by The Appeal.. Riley was incarcerated for his role in a 1988 drug deal that ended in a homicide. After spending 17 years behind bars for a crime he didn't commit, Brooklyn man James Davis is finally coming home. About Us. To Jabbar Collins, that conflict of interest makes it imperative that a CRU is led by someone outside the office. The Corporate Lawyer Moonlighting as a New York Assemblymember. All members of the Legal Aid community have a shared responsibility to support and comply with policies and protocols to protect the health and safety of our . Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. View Case Acceptance Criteria. The mainstream media can make a difference and help curb wrongful convictions here in the United States. Find job opportunities near you and apply! His then-wife, Kisha Sims, said she expected that he would be acquitted and had been planning a coming home party for him. It was at that point, I forgave him, said Sims. Sims is no longer angry with Graves. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. However, three days into the trial, Hale told the judge that Graves was nowhere to be found and asked for a material witness order, which allows law enforcement to take a witness into custody to ensure that they appear in court. Professors and Defenders Clinic Co-Directors Steve Zeidman (left) and Nicole Smith-Futrell (right) discuss their work on clemency. Heres what you should know to prevent wrongful discrimination. Indianapolis, IN 46202. New York, NY 10038. Heres what you should know after your conviction has been sealed. Later, when he tried to recant, investigators with the DAs office told him that the DA would pursue the attempted murder charges if he disavowed his earlier statement. Apparently the quickest way to corral the populace into *smart cities* with relentless surveillance is to NYS Attorney Elizabeth Sack Felber The Legal Aid Society 199 Water St, New York, NY . The Legal Aid Society is among the first state public defender organizations working in-house to explore our clients lives through video to convey their character, aspirations, traumas, difficulties, and often, transformation. Elizabeth Felber, a supervising attorney at the Legal Aid Society's wrongful convictions unit, thanked Katz, who is the first District Attorney in the city to seek to overturn convictions in . A hearing before Chun is scheduled for next month. contribute to wrongful convictions, and the best practices that address these factors. Visit website. District Attorney, Major Crimes Division, Legal Aid Society, Seymour James, Lee Long, NYPD, Lamar Palmer, . In fact, Hale told the jury during closing arguments: Now you heard the summation of the defense Mr. Tims [Sim defense attorney] wants you to believe that Julius Graves is the perpetrator of this crime.. Emergency services Emergency financial assistance Medical emergency Mental health emergency . Involved and accomplished at a range of pro-bono initiatives.Skilled in Legal Writing, Advocacy Appeals, Legal research Constitutional Law, Civil law, Criminal Law, Human rights law, Terrorism law, Evidence law, and Alternative Dispute Resolution. All Rights Reserved. Historically, the parole boards routinely denied parole to people who maintained their innocence because they were not accepting responsibility for crimes they did not commit. Its just a sad injustice all the way around.. 2023 The Legal Aid Society. Keisha and Kisha, along with Cooper and Collins, are championing Sims innocence. CRUs are tasked with investigating convictions secured by their own officeoften the colleagues, friends and supervisors of CRU staff. On appeal, the conviction was overturned due to the wrongful admission of the interrogation. Brooklyn prosecutors are seeking to throw out 378 criminal convictions mostly low-level drug and traffic offenses, dating to 1999 that relied on 13 former New York Police Department officers who were later convicted of crimes related to their work. The Brooklyn review grew out of the offices investigation of cases involving Joseph E. Franco, a former narcotics detective who was charged with perjury and other offenses. When Anthony Jr. was about eight years old, Sims recalled, he told his father that he would get Graves for what he had done. From 1990 to 2013, the Brooklyn DAs office was run by Charles Hynes, under whom more than 100 people were wrongfully convicted, in some cases serving decades in prison before being exonerated. Crime and delinquency 32: 518-544; Huff C, Rattner A & Sagarin E 1996. Hale then obtained a material witness order for Graves fiance as well, even though she was never called to testify at trial. The expertise of renowned forensic scientists at the Henry C. Lee Institute of Forensic Science, with decades of experience in post-conviction work will enhance this collaboration. Phone. Yet, when he appeared at trial, Graves testified that he was in court voluntarily and that he regularly checked in with his probation officer. Thirty-four of those cases were linked to Detective Kevin Desormeau, who was convicted in 2018 for lying about an alleged cocaine sale in Jamaica, Queens. Legal Aid Society Wrongful Conviction Unit, Iowa State Public Defender Wrongful Conviction Division. Content may not be reproduced without permission. | Brooklyn DA. Mr. Franco, who was fired by the Police Department, is awaiting trial in Manhattan. His then-wife, Kisha Sims, said she expected that he would be acquitted and had been planning a coming home party for him. It will be held in-person in NYC on March 23 and 24 at the City of New York Law School in Queens, New York (CUNY). Campos was convicted and sentenced to 25 years to life. Although he did not pull the trigger and was actually nowhere near the shooting, he was charged under New Yorks controversial felony murder law and sentenced to 71 years to life. 40 Worth Street, Suite 606. Under a recent New York State law (CPL 160.59), some people may be able to get their criminal convictions sealed. A PRDU Staff Attorney represents clients accused of violating their conditions of release at administrative parole revocation hearings and recognizance hearings held in the criminal courts, federal detention facilities, hospital prison wards and, where applicable, local . Biography Early life and education. The Legal Aid Society | 35,370 followers on LinkedIn. Prior to joining the Legal Aid Society in 2016, David spent 10 years as the Managing Attorney at the Innocence Project, where he supervised attorneys working to exonerate innocent clients and spearheaded the organization's amicus curiae practice throughout the country. Another 78 cases on the prosecutors list arose from two detectives, Edward Martins and Richard Hall, who pleaded guilty in 2019 to charges that they released an 18-year-old woman from custody in exchange for sexual favors. After taking office in 2014, Thompson expanded the Conviction Review Unit, fulfilling a. people from across the country. . Click here for a schedule of events and list of speakers. SCOTUS Rejects J&J's Appeal of $302M Deceptive Marketing Penalty. When a wrongfully convicted individual is exonerated, the original crime victim may experience feelings of guilt, fear, helplessness, devastation and depression. In 2018, a record number of exonerations involved misconduct by government officials. Practicing as a forensic psychiatrist, Dr. James Grigson was called upon to evaluate people charged with capital murder crimes. Our services focus on providing support to survivors as they re-build after abuse. For more than two decades, Sims has tried to overturn his conviction in the appellate courts, without success. Elizabeth Felber, a supervising attorney at the Legal Aid Societys wrongful convictions unit, thanked Katz, who is the first District Attorney in the city to seek to overturn convictions in response to the mass exoneration campaign Felbers organization helped spearhead.Felber also directly addressed the 60 people who had their convictions purged, some of whom she said served prison sentences, lost jobs, and had licenses suspended as a result. The Case Closed Project helps people clear their criminal records. His testimony was key in 43 of the cases on the Brooklyn list. If you are looking to donate, get involved, or get assistance, find and connect to your local Network organization here. Westchester County District Attorney's Office. The Legal Aid Society is among the first state public defender organizations working in-house to explore our clients' lives through video to convey their character, aspirations, traumas, difficulties, and often, transformation. The Defenders Clinic is on a mission to loosen the crushing hold of incarceration and criminalization in New York State by educating law students to be tireless and skilled criminal legal advocates. We seek to be a beacon of hope for those who feel neglected . Quick hits with little oversight, said Charles Linehan, a former Manhattan prosecutor who has run the Brooklyn district attorneys conviction review unit since January. Last year, a New York Supreme Court judge vacated his conviction and, several months later, the DAs office dismissed the charge. Since 2015, the DNA Unit of the Legal Aid Society in New York City has held an annual, two-day forensic conference for defense attorneys called Questioning Forensics. As a result, the Unit has been able to take on more clients, reinvestigate their cases and advocate for their exoneration and release. 2023 The Legal Aid Society. The 60 cases dismissed last fall by Melinda Katz, the Queens district attorney, were based on the work of three former detectives. Wrongful conviction lawyers have submitted the case to the Queens DA's Conviction Integrity Unit. but did not discuss the year that she supervised the Conviction Review Unit before the Bureau was created. The expungements are the result of a campaign by the Legal Aid Society, the Exoneration Project, and other organizations focused on overturning wrongful convictions, which asked prosecutors across the city in May to investigate cases involving 22 NYPD officers who were convicted of crimes at some point in their careers. | translate }}, {{ 'How do I search on One Degree?' In statements to the press, the Brooklyn DAs office has claimed that Hale did not review Sims case. At the Legal Aid Society of Westchester County, Sherry concentrates her practice on Criminal Defense. ), what are the main parts of each system? But Graves 2002 statement said that he did not see who shot the victim and did not know who did, but that police had threatened to charge him with Chens murder unless he testified against Sims. 8th Annual Questioning Forensics Conference. Sims request to the CRU did not present any of the new claims that his attorneys have included in the current petition to vacate Sims conviction, including evidence of Hales misconduct and eyewitness testimony that Graves was the shooter. This involved evaluating court documents, conducting investigations, presenting to a panel of academic and legal professionals, and devising a new method of archiving documents for the project.