Sgt. James Crowley Of The Cambridge Police Department Speaks Out Against Obama's Comments

       

Sgt. James Crowley defends his arrest on national television.  From what we have learned, he has every right to do so.  Unlike the suggestion made by the president that race played an issue here, Sgt. James Crowley responded to a citizen call to the Cambridge Police Department. According to the police report, someone called the police to report suspicious activity.  Sgt. Crowley went to check it out.  He knocked on Gates' door to ask him about this complaint, and Gates went off on a tirade, accusing Crowley of being a racist.  In an attempt to calm Gates, Crowley went out of his way to contact the Harvard University Police Department.  Gates never calmed down and was arrested. Based on the reports and Sgt. Crowley own statements - rightfully so.  

Keep up the great work Sgt. !!!!!! 

Cambridge police are dropping the charges

In a joint statement, Cambridge and the police department said they made the recommendation to the Middlesex County district attorney and the district attorney's office "has agreed to enter a nolle prosequi in this matter," meaning that it will not be pursued.


President Obama Quick To Blame The Police In Arrest Of Harvard Professor Henry Gates

As is being discussed all over the media:

President Barack Obama said Wednesday that police acted "stupidly" in the arrest of prominent black scholar Henry Louis Gates Jr. and that despite racial progress blacks and Hispanics are still singled out unfairly for arrest. "This still haunts us," Obama said.  Obama called Gates a friend, and said he doesn't  know all the facts of the case Nonetheless, Obama said, anyone would have been angry if treated the way Gates claims police in Cambridge, Mass., treated him. Gates, a Harvard University professor, claims he was arrested in his home after showing ID to police who responded to a report of a possible burglary. "Cambridge police acted stupidly in arresting somebody when there was already proof he was in own home," Obama said during a prime-time news conference that otherwise focused on the health care debate. Gates' arrest followed a report of a possible burglary. A woman apparently saw Gates force the front door and called police. Police came and demanded that Gates show identification. Gates was arrested shortly afterward for alleged disorderly conduct, a charge that was dropped Tuesday.

Obama, unfortunately, used the opportunity to lash out at police across the county:

"What I think we know separate and apart from this incident is that there's a long history in this country of African-Americans and Latinos being stopped by law enforcement disproportionately," Obama said. "That's just a fact." That disparity is a reminder that "race remains a factor in the society," Obama said.

What does this have to do with anything?  Obama's comments will merely inflame a public that is already critical of the police.  Obama should have used the opportunity to either make no comment or explain that often times people do loose control and act disorderly and need to be arrested - even Harvard scholars - even friends.  Instead, Obama made it  a race issue. This is unfair to Sgt. James Crowley and to the tens of thousands of police officers (of all races) across the country.

Nebraska Attorneys Robert Bartle and Doug Stratton File Lawsuits Alleging Police And Prosecutorial Misconduct In Helen Wilson Murder Investigation

The Journal Star of Lincoln Nebraska is reporting:

When six convictions in the 1985 murder of a Beatrice widow unraveled late last year, the investigators in charge said they just did their jobs and let the jury decide.

Now five of the six people exonerated of killing Helen Wilson have filed federal lawsuits against the former prosecutor, sheriff’s investigators and others. If the cases go to trial, juries will decide whether authorities engaged in lies, conspiracy and professional negligence to get convictions they knew were unjust.“This is just a very unique and tragic case in terms of how it affected six lives,” said attorney Robert Bartle of Lincoln.Joseph White, JoAnn Taylor, Thomas Winslow and Kathy Gonzalez have filed a federal lawsuit  in U.S. District Court in Lincoln, Nebraska. Although they filed their lawsuits separately, all four are represented by Bartle and Doug Stratton of Norfolk James Dean, who filed a similar lawsuit Tuesday, is represented by Lincoln lawyer Herb Friedman. Debra Shelden, the sixth former defendant, is not involved in any of the claims.

The six served a combined 70 years in prison and were the first in Nebraska to have their convictions wiped out by DNA testing. No other wrongful conviction nationally has involved so many defendants. The federal lawsuits claim the defendants suffered from multiple violations of their civil rights.  Named in the lawsuits are former Gage County Attorney Richard Smith and former Sheriff Jerry DeWitt. Also named are five deputies, including Burdette Searcey, the lead investigator, and Wayne Price, a psychologist who did not remove himself from the investigation, despite the fact that three of the defendants had sought treatment at the clinic he oversaw.

The federal complaints accuse authorities of seeking convictions in the Wilson case with a reckless disregard for the truth. “Defendants, individually and acting in concert … solicited, fabricated, manufactured and coerced evidence they knew was false, fraudulent and profoundly lacking in reliability,” White alleged in his complaint. “Defendants filed false affidavits with the courts, prepared false investigative reports, repeatedly lied about the evidence during the course of all interrogations, and threatened everyone with life imprisonment or execution in the electric chair if they did not cooperate and recite defendants’ false narrative of the Wilson homicide.”

Hearing the above statement Wednesday left the former prosecutor momentarily speechless. “The record doesn’t go along with those accusations,” Smith said before withholding additional comment until he has read the lawsuits.

In prior interviews, Searcey has stood firmly behind an investigation that ended with six convictions. When reached Wednesday, Searcey would only say he had not yet been served with the lawsuits.

The civil complaints also name Gage County, including the current county attorney’s and sheriff’s offices. Gage County Attorney Randy Ritnour said Wednesday it was unclear who will defend whom or what role he will have. The question is even more complicated by Ritnour’s service on a law enforcement task force last year that used DNA tests to identify the true killer.

Back in the dawn of forensic DNA, the six were convicted of the murder of Wilson, a 68-year-old woman who was suffocated in her downtown apartment after having been severely beaten and raped. The case remained unsolved for four years until authorities arrested the six in 1989. White was the only defendant to maintain his innocence. The others pleaded guilty to lesser charges after agreeing to cooperate with the prosecution. Testimony from Taylor, Dean and Shelden played a major role in the conviction of White, who was later sentenced to a life term.

In 2007, White finally won the right to have DNA tests run on fluids preserved from Wilson’s apartment. Last year, the tests identified Bruce Allan Smith as the lone killer. Smith died in Oklahoma City in 1992.

White, Taylor and Winslow were released from prison late last year, after serving nearly 19 years each. Dean, Shelden and Gonzalez completed their prison terms in 1994. After the DNA tests, the five who took plea bargains said they admitted to a crime they didn’t commit to avoid the death penalty. All five received pardons from the State of Nebraska earlier this year. The assertions in White’s federal lawsuit showed his legal team believes the errors in the Wilson investigation were not random or the result of overzealousness. In particular, they emphasized how virtually none of the story produced by the prosecution witnesses could be verified with physical evidence from the apartment — now or then.

One example:

Investigators found only two blood types in Wilson’s apartment — type O and type B. The investigation remained open until the arrest of someone with type B blood, who was Kathy Gonzalez. Yet investigators deliberately ignored the fact that Gonzalez’s blood and the crime scene blood had a differing enzyme, White’s lawsuit stated. White’s complaint also criticized the investigators for exploiting suspects who had low intelligence, mental health histories or drug habits. “Defendants used their knowledge of such mental conditions to overbear their will and coerce false testimony,” the complaint stated. Prompted by the Beatrice case, the Nebraska Legislature this year passed a law to compensate wrongfully convicted people for each year they spend in prison. Bartle said his four clients intend to pursue compensation through the state law when it takes effect in September.

Here is a copy of one of the Federal Complaints

More to follow on this case.....

Innocence Project Releases A New Report on Eyewitness Identification and Lineups

Today the Innocence Project released a new report entitled  Reevaluating Lineups: "Why Witnesses Make Mistakes and How to Reduce the Chance of a Misidentification".  The new report discusses several attempts at reforming lineups, including: 

• Double-blind presentation: photos or lineup members should be presented by an administrator who does not know who the suspect is.

Lineup composition: “Fillers” (the non-suspects included in a lineup) should resemble the eyewitness’s description of the perpetrator and the suspect should not stand out. Also, a lineup should not contain more than one suspect.

Witness instructions: The person viewing a lineup should be told that the perpetrator may not be in the lineup and that the investigation will continue regardless of whether an identification is made.

Confidence statements: At the time of the identification, the eyewitness should provide a statement in her own words indicating her level of confidence in the identification.

Recording: Identification procedures should be videotaped.

Sequential presentation (optional): Lineup members are presented one-by-one (by a “blind” administrator) instead of side by side.

 

Estate of Kenneth Waters To Receive $3.4 Million In Settlement For His 18 Year Imprisonment

The Boston Globe is reporting:

The town of Ayer and five of its insurers have agreed to pay $3.4 million to settle a civil rights lawsuit filed by the estate of the late Kenneth Waters, who spent more than 18 years in prison for a murder he did not commit before his sister earned a law degree and helped free him through DNA evidence.  The estate was represneted by Barry Sheck of Neufeld Sheck and Brustin.

Ayer police were accused of coercing false testimony to convict Waters and withholding evidence that could have cleared him. A sixth insurance company, Western World Insurance Group, has declined to settle, but negotiations are continuing. Kenneth Waters was freed from prison in March 2001, and the Middlesex district attorney’s office dropped the charges against him. But he enjoyed only six months of freedom. He died on Sept. 19, 2001, after he fell on his head from a 15-foot wall in Rhode Island while taking a shortcut to a restaurant.

Ayer’s town administrator, Shaun A. Suhoski, said the lawsuit was “a very complex case and, through the very diligent efforts of our legal team, with close oversight of the Board of Selectmen, it appears we’ve reached an acceptable endpoint in this litigation.’’

Kenneth Waters was convicted in 1983 of first-degree murder and armed robbery in the death of Katharina Brow. She was found on May 21, 1980, with more than 30 stab wounds, in her mobile home in Ayer. Waters; his girlfriend, Brenda Marsh; and two of her children, one of whom Waters had fathered, had been living in a house behind the mobile home.
 

According to the complaint filed by Betty Anne Waters, her brother had a solid alibi for his whereabouts when the killing occurred: He had been working a night shift at a local diner and then had a court appearance the next morning for an unrelated matter. Ayer police interviewed him after the killing, but filed no charges, and the case remained unsolved for 2 1/2 years.

 

In October 1982, a man who was living with Marsh approached Ayer police and said she told him that Waters had confessed to killing a woman in Ayer, according to the complaint. She also said she had washed Waters’s bloody clothes, he said. Ayer Police Chief Philip L. Connors and Officer Nancy Taylor-Harris interrogated Marsh. Although she initially denied that Waters had anything to do with the killing, Marsh ultimately relented and said he had come home drunk the morning that Brow was killed with a long, deep scratch on his face, according to the complaint. Police arrested Waters, even though officers had examined him after the killing and found no wounds.

The complaint alleged that Waters was indicted based in part on false testimony before a grand jury by Taylor-Harris that fingerprints found at the crime scene were smeared and useless to investigators. In fact, authorities found a bloody fingerprint on a broken toaster and a partial print on a kitchen faucet that was still running when Brow’s body was discovered. Taylor-Harris knew that Waters had been excluded as the source of the prints, the complaint alleged. Waters was convicted by a Middlesex Superior Court jury and sentenced to life in prison.

Ronald Kitchen - What The Illinois Supreme Court Previously Said

Back in 1994, the Illinois Supreme Court stated

* "As a preliminary matter, we note that defendant's alibi testimony was obviously inconsistent and contained fatal flaws."

* "In addition, defendant admitted that as Assistant State's Attorney Lukanich prepared the handwritten statement, he never mentioned to him that he was at the pool party. Leslie Jenkins, defendant's sister who offered alibi testimony on his behalf, admitted that she visited defendant in jail more than 10 times subsequent to his arrest. Yet she allowed defendant to languish in jail for two full years before contacting the authorities with personal knowledge that she was with him on the night of the murders."

* "Williams testified that he had driven defendant and codefendant Reeves to deliver drugs and collect money from 'Debbie' and 'Mary' on a number of occasions, accurately described certain details of the Sepulveda residence, and positively identified photographs of Sepulveda and Rodriguez as the women to whom cocaine was sold."

* "At the motion to suppress statements, the State presented the testimony of four Chicago police officers, each of whom testified that defendant was not beaten and that his confession was voluntary. Assistant State's Attorney Mark Lukanich also testified that he did not see any of the police officers physically strike, threaten, or assault defendant. Most importantly, a videotape was presented at the suppression hearing which showed defendant's exit from the police station to the police wagon. In the videotape, defendant was walking normally and not limping in any manner, nor did he show any visible signs of injury."

More to follow. . . 

 

Ronald Kitchen - A Look Back In Time

Ronald Kitchen:

Back in 2002, the Cook County State's Attorney's Office filed People's Response In Opposition To Petition For Executive Clemency

Here are some highlights from the State's opposition to executive clemency:

* "As of August 26, 1988, petitioner and c-defendant Marvin Reeves were in custody on the basis of information provided by Willie Williams, a long-time friend of both petitioner and Reeves. Petitioner and Reeves worked for a major narcotics supplier, and Williams would help them deliver drugs to their sellers (and collect the money owed to them), including on a regular basis Rose Marie and Deborah."

* "Shortly after the murders, while Williams was an inmate at the Illinois Department of Corrections, he twice called petitioner (on August 1 and 5, 1988). In each of those conversations, petitioner said that he and Reeves had strangled Rose Marie to death, and suffocated Deborah and the three children with a pillow, because the women owed them $1,225 for drugs."

* Late in the evening of August 25, 1988, petitioner was arrested and brought into Area 3 police headquarters for questioning. Petition gave an oral statement to the detectives incriminating himself and Reeves in the murders. Petitioner later agreed to give a handwritten statement to an Assistant State's Attorney."

* "At around 6:00 p.m. on the day of the murder, Victor Guajardo, Jr., who lived in the home next to the Sepulvedas, saw an older model, yellow, two-door car parked in front of the Sepulveda home. The car was positively identified as the one driven by Reeves."

* "During the State's rebuttal, Detective Michael Kill testified that on August 25, 1988, Eric Wilson, petitioner's cousin, came to the police station. According to Detective Kill, on August 1, 1988, Reeves told Wilson that he and petitioner 'had killed some people who lived on the other side of Western because they owed them some money.'"

"Williams testified at trial that at no time was he promised any sort of leniency from the Cook County State's Attorney's Office."

"Petitioner's claim that Williams learned about the facts of the crime from a July 27, 1988 Chicago Tribune news article fails because Williams told the police two facts which only the killer could have known and that were not in the article: that four of the five victims were suffocated and the Deborah and Rose were dealing in narcotics (confirmed by the narcotics dog search)."

* "the Illinois Supreme Court noted the 'substantial evidence' presented by the People at the motion to suppress, including four Chicago police officers each testified that petitioner had not been beaten and had given his confession voluntarily."

* "This Court further noted that the Felony Review Assistant State's Attorney also testified that he did not see any of the police officers physically strike, threaten, or assault defendant.

* This Court went on to note: 'Most importantly, a videotape was presented at the suppression hearing which showed [petitioner's] exit from the police station to the police wagon. In the videotape, [petitioner] was walking normally and not limping in any manner, nor did he show any visible signs of injury." 

* "Louis Gregory Simmons, a paramedic at the receiving station for the Cook County Department of Corrections Cermak Hospital, testified that on August 27, 1988, he examined petitioner as part of the intake screening process. Mr. Simmons did not observe any injuries to petitioner's body."

* [Leslie] Jenkins also testified that although she had visited her brother in jail over 10 times following his arrest, she did not inform anyone regarding her first-hand knowledge of the alibi until the eve of trial (two years later)."

Is the State now saying that all of this evidence is no longer valid?

 

 

Former Teacher Patrick McCarthy Sues Schaumburg And Detective

 Patrick McCarthy, a former special education teacher at Robert Frost Junior High School, has filed a lawsuit against the Village of Schaumburg and detective K. Feeley alleging malicious prosecution. Back in 2007, McCarthy was charged with battery and unlawful restraint against three autistic children in his class. He was accused of forcing a student to jump on a trampoline with a weighted vest and tying a student to a chair. Last December Cook County Circuit Court judge John Scotillo found McCarthy not guilty. In his suit, McCarthy alleges that Detective Feeley charged him knowing that he was innocent.

Prosecutors Drop Charges Against Ronald Kitchen And Marvin Reeves

  

The Illinois Attorney General's Office says prosecutors are dropping charges against Ronald Kitchens and Marvin Reeves. The pair were convicted of murdering Deborah Sepulveda (26 years old), her son Peter, Jr. (3 years old), daughter Rebecca (two years old), Rose Marie Rodriguez (30 years old) and her son Daniel (3 years old) on July 27, 1988. There were no eyewitnesses to the murders. Rodriguez was strangled and the other victims had been suffocated. Kitchens had been in prison since 1990 and Reeves had been in prison since 1991. They were recently granted a new trial by Cook County Circuit Judge Stanley Sacks. Prosecutors, however, decided to drop all charges, stating that they could not meet their burden of proof at trial. Kitchens had confessed to the murders, but claimed that a detective beat him and forced him to confess.