I have been representing the criminally accused for nearly fifteen years—the entirety of my legal career. The first four years of my career were as a public defender—representing indigent Chicagoans on appeals of their criminal convictions. This included both direct appeals immediately after their convictions as well as appeals of dismissals of post-conviction or collateral petitions long after the original conviction was in place. I combed through records looking for evidence of trial error, constitutional violations, or other ways I might be able to help my clients get some sort of legal relief. What I didn’t do, however, was look for evidence of my client’s factual innocence. During my training and my time in the office, we never really spoke about wrongful convictions. It is embarrassing to even admit this, but I certainly didn’t think about my client’s potential innocence. I never even really stopped to think about how many innocent people might be convicted.
I started to consider the reality of wrongful convictions when I began working at Northwestern University School of Law in 2008. We were developing a clinic that was researching and exploring the prevalence of wrongful convictions amongst accused juveniles. We spent our time exploring the way police question and interrogate youth. We concluded that, in practice, police officers are trained to use techniques when questioning individuals that ran a significant risk of eliciting false information, leading to wrongful convictions. This remains, in my mind, no doubt true. But my inquiries were focused on mistakes and poor training, and the problem we sought to rectify assumed good faith on the part of the participants in the criminal justice system. I certainly was aware of wrongful convictions and the innocent being convicted, but I continued to view it as aberrant. Regardless of frequency, however, it was a problem that could be solved or at least addressed with proper training.
Over the last four years working with the Exoneration Project and Loevy & Loevy, my thought process has continued to evolve. Over and over again, through my work here, we see repeat players in the criminal justice system causing wrongful convictions on monumental scales. Whether it be bad officers like Sergeant Ronald Watts and his corrupt crew or Reynaldo Guevara and his team of detectives—or lying drug lab chemists fabricating results—or fake, criminal profiler “experts” who serve as pseudo truth detectors: the damage wrought by these individuals is extraordinary. I concluded that the fundamental, most overwhelming cause of wrongful convictions is intentional misconduct by bad actors. This is the root issue—but again, it is an issue that the system can solve by getting rid of the bad actors.
Recently, however, I’ve started again to think about wrongful convictions differently. Sure, the bad actors deserve their share of the blame for a system that has convicted, at bare minimum, 2,471 innocent people since 1989. But the blame really lies at the feet of a criminal justice system that allows these bad actors to flourish. All professions have bad actors—people who lie, cheat, or steal. You would think, however, that a system like criminal justice—where people’s very right to live in freedom is at stake—would be motivated to root out those bad actors. You would think that, but you’d be wrong.
It is not me, or other lawyers, who discovered that Ronald Watts or Reynaldo Guevara or whomever else was corrupt or a liar. The innocent individuals, their family members, and the community who were mistreated, framed, and the victims of rampant abuse of power knew. And they didn’t remain silent—far from it. They told everyone they could; everyone within the system who was supposed to stop it. They filed official complaints and they testified at trials. And they did it in astounding numbers.
Take the Sgt. Watts scandal. Watts led a group of officers who, for a decade, framed residents of the housing projects for drug and gun crimes. As of this date, 82 times courts have concluded that drug or gun convictions were made up. This group of officers spent a decade planting evidence, falsifying police reports, and lying under oath in what one court has called “one of the most staggering cases of police corruption in the history of Chicago.”
But it was no secret. Over and over again these individuals testified in court about this corruption—and astoundingly, we have identified roughly 655 times individuals filed formal complaints to the City against these officers.
655 times!
Everyone knew.
No one stopped it. No one cared.
That’s the root of the problem. The policies and practice of municipalities that allowed these bad actors to continue their misdeeds—to continue to punish the innocent and cheat the system—that is where the blame lies.
All professions have bad actors. Until we have a criminal justice system that cares about identifying and removing the bad actors, wrongful convictions will continue to flourish.
us v. fulton leroy washington CR96-00557-DMG; please google his name for additional information. I have a case of federal wrongful prosecution wherein my client was wrongfully prosecuted for a crime he did not commit. the government covered up their CI was part of the chemical purchase; the agency which investigated the case was California BNE which was disbanded for corruption and some of its agents were and are in prison. his sentence was commuted by Obama after 20 years in federal prison. I have both newly discovered evidence and evidence from the time of trial which shows my client was innocent. fyi the federal government does not have a process in place to investigate a wrongful prosecution unlike the state which has a process for prosecution review. i need help to get my client who is currently on federal probation back into court either to obtain a retrial or to exonerate him. Joel S. Wyenn, LPI: voice 818 399 6197; jwyenn@yahoo.com
thank you
First and foremost thank you for ur post. And thank each of you that listen to the voice of the innocent. I personally know how it feels theres no ear listening or no voice for you. I spent 18 yrs incarcerated for a crime I didnt commit.
Now I have to express my thankfulness to God for bringing lovey and lovey(mr. Ainsworth) into my case. I thank you all for fighting for those of us that most dont bother to listen to.
Well done, sir, and team. Please continue doing this honorable and noble work. With my Best Wishes.
I want to know when my son Oscar Flores will get Justice he went to prison when he was 17 he is now 41 years old a juror was sleeping during the trial he was forced to wear a hoodie in the lineup only one to wear a hoodie so the witnesses can pick him out and then the prosecutors were in court high-fiving each other before the verdict was read when is he going to get Justice when is he going to come home to his family
Firstly this is a much needed article for all to see and read. Especially those who still doubt the many people claiming to be wrongfully convicted. People can’t keep ignoring facts and figures especially when these statistics are being spoken about by the attorneys who are knee deep in trying to help these innocent men & women behind bars. They need a voice! As someone passionately advocating for someone wrongfully convicted my voice is not enough. We need more attorneys to speak out about the realities of the justice system and the people who happily lie under oath to save their own skins (who play a huge part in wrongful convictions existing).
Secondly, I, a number of others & Jermane Scott himself have been trying to make contact with Loevy & Loevy, so we can discuss Jermane Scotts case with them. I would urge someone to contact either myself or Jermane Scott (he has written letters to you) . Just as is stated in this article- it was not just the justice system that let Jermane down. It was a multitude of people who equally contributed to Jermanes wrongful conviction. LE officers, coroner & the people who decided to lie under oath and take Jermanes life away from him to save their own. It is all these people who should be held accountable for Jermanes freedom being unfairly taken from him for the past 23yrs. Jermane needs your help. Please help him. Thank you
Thank you for all that you do, Josh.
Check out this case and documentary. Unreal.
http://www.targetofopportunitythemovie.com
my wife and I live in Soddy Daisy, Tennessee we have been and are still being a victim of pointless and psychological harassment. We have been charged with robbery and possession of marijuana from Jan 23… when the police served a search warrant at our residence they confiscated numerous item, including fire arms security cameras, my wife’s laptop and also both of our phones, my wife’s phone along with other items that were of substantial value were accidentally on purpose left off of the property list. We have yet to retrieve anything on the property lit other than the vehicle which as since been stolen out of my driveway… at the time of the theft the only keys i had in my possession, which leaves me to believe that additional keys were made while the vehicle was in police impound. also while in custody the vehicle had mechanical issues and would not run, when the vehicle was released to my wife she was informed that the mechanical problem was fixed and the car was now operational. I do not approve of anyone but MY CERTIFIED mechanic at the DEALERSHIP working under the hood of my vehicle. We are afraid that we will lose indefinitely if something is done soon. One of the main detectives made the comment that even if we were innocent that he was going to pick it apart and do what he could to put us there…that leads me to believe that we are being framed just to have someone charged and thrown in jail just to satisfy the rich and powerful. My wife and I are innocent and are terrified that we are going to be taken away from our kids due to the statements made by the Soddy Daisy police department and detective Brandon Miller. Detective Brandon Miller had the only family car impounded from Jan.23, 2019 until it was released on Feb.27, 2019… in that (more than 30 days) time period the original and the district attorney informed the investigating officer (Brandon Miller) to release the vehicle and the detective disobeyed and continued to keep the vehicle in custody. He laughed about keeping it for such an extended period of time so that he could enjoy his birthday. While in custody the detective obtained two more search warrants to search it for the same reasons as the initial search and was unsuccessful in obtaining any evidence of the crime they are saying we allegedly took part in also Detective Brandon Miller searched the vehicle once without permission or written consent from my wife or a judge… meanwhile we have had numerous items left on our front porch as scare tactics. Members of the community have come to us and other family members stating that the chief of the police is slandering our name and reputation by telling everyone that we committed robbery, which is absurdly incorrect. We haven’t even been able to conduct normal business tasks such as go to the grocery store and other required errands that have to be done. For example, the most recent incident happened on Aug.2. 2019 when we were sitting in a Walmart parking lot waiting for a business acquaintance to arrive when a Soddy daisy police officer pulled up and we were informed that we need to move on and do it quickly… also when we were taken to the station for questioning neither one of us was allowed to see the search warrant even though we asked, we were told that we can look at it when we get home. I have always been under the impression that the warrant must be given to the person upon asking for it…the marijuana charge was thrown in there due to the fact that several old and broken pipes were found in a lock box no actual marijuana was found… the robbery charge was given because my wife is a past employee of the establishment. she paid a co worker the total payment amount for the payment of my wife’s car title however it never made it into the system so it showed that it wasn’t paid. my wife resigned from her position in the company and hasn’t been able to find work since this all started… The chief of police has made multiple comments to members of our small community that my wife and I committed robbery…These are false accusations and has taken a toll on my wife from finding a new job… Soddy Daisy, Tennessee is a small town and having town officials accuse either of us for such horrible thing is absurd. I am truly offended by the lack of professionalism. My wife is livid about the whole situation… unfortunately our car was in wrong place at the wrong time… and therefore the officers made an assumption that we were to blame which is completely inaccurate and false. In addition to everything else the main detective in the case has personal issues with me and my wife and we didn’t want to turn it into that kind of a petty problem but the detective wont stop… he made multiple calls to my mother-in-law almost ordering her to go and get emergency custody of our two small children that are not neglected nor abused… this matter has already been taken up with the child protective services and the detective is still pursuing it and distorting facts… I have been notified that he is pushing all of this to the extreme as a personal favor. My wife has started developing anxiety issues when she has to leave the house and is frankly scared to leave the house due to this officer and his vendetta. moving is not an option, especially considering that the law inforcement agency is in place to protect citizens of the community such as my wife and myself… his tactics and procedures are frowned upon by his peers and the rest of the community as well. I understand that they have a job to do. That job is not to frame the innocent for a “kickback” from whomever. My safety and my family’s safety and well being is being threatened by the very department that took an oath to protect the innocent. my constitutional rights are being violated by the Soddy Daisy police department and we have nowhere to turn for help. we attempted to contact the Hamilton county police department when we noticed that our garbage was not only being gone through but all contents of our 60 gal trash barrel were stolen by someone but not the garbage company. upon contacting them we were informed that there was nothing that they were going to do even though an address and make and model of the car that took our refuse were given to the officer… the most disturbing part of that is all of our names and social security number and any other information that could be used in identity theft was set to one side for later use. the officer that responded to our call said there wasn’t any cause for alarm. Since then all of he legal issues and problems have commenced and are not topping even though we have taken extra measures to stay in the house where we are safe… how ever with that being said we need help!!!! Our children are ready for some outside fun without the fear of someone taking me or their mother from them. I am pleading with you again for help I don’t know what to do at this point…I’m scared to go to the police because of obvious reasons and even timid about writing this letter as I am sure my every move is being observed and documented…I truly hope that you have some true humanity left that will guide you in the right direction
I made a costly mistake and hired Zellner to bring my lawsuit to a successful outcome and she failed.