Innocence Project of Florida

Too late for Reginald Blanton

Lenore — Tue, 10 Nov 2009 15:45:09 +0000

I’m about two weeks too late covering the story of Reginald Blanton, convicted of an April 2000 shooting in Texas, but it’s one I feel is still worth sharing.

Reginald and his twin brother, Robert, were friends of the victim, Carlos Garza, and had visited him the day of the murder. They stopped by Garza’s apartment twice that day, but their knocks at the door were unanswered. Each time they then left the apartment and continued on with other activities. Later that day, a neighbor suspected a break-in at Garza’s residence and called the apartment manager and the police. They found Garza on the floor, shot but still breathing, and the front door kicked in. Garza died on the way to the hospital.

Two days later, there was a disturbance call to the residence of the Blanton brothers’ father. There, Robert was having an argument with his pregnant girlfriend, Latoya Mayberry. Mayberry had an active warrant and was arrested by Detective Roberts, who was in the area investigating Garza’s murder. Reginald and Robert Blanton were already considered suspects of the murder at this point. Detective Roberts then told her that if she didn’t implicate either Robert or Reginald for the murder that she would be charged. Fearing for her baby, she signed a statement that Det. Roberts wrote for her naming Reginald as the perpetrator. Robert Blanton also signed a similar statement so that he could go home with his girlfriend.

The testimonies of Robert Blanton and Latoya Mayberry (as well as one from a well-known jailhouse snitch) were the main pieces of evidence at trial, despite not matching the facts of the case. Both testimonies were later recanted, stating they were intimidated by law enforcement and the prosecutors. There was no physical evidence in the case, aside from a shoe print on door that matched neither the style nor size of Reginald’s shoe. In addition,

There were no members of Mr. Blanton’s race on his jury panel. By use of a “jury shuffle” the African-American members of the jury panel were moved to the back of the room. When they were finally reached, peremptory strikes were used to eliminate them. The court had a duty to see that Mr. Blanton was tried by a fair and impartial jury of his peers, and this was not done.

Reginald was convicted and sentenced to death. Reginald filed a direct appeal in 2004 that confirmed his verdict, and went on to file several other appeals through September 2008 which were all denied. He also was denied commutation of his death sentence to a lesser penalty by the Texas Board of Pardons and Paroles, who told him they were not interested in his innocence.

On October 20, 2009, the “Supporters of Reginald Blanton” sent a fax to the Assignment Editor of the Dallas Morning News, pleading for them to cover Blanton’s case in hopes of halting the execution. Unfortunately, seven days was not enough time to gain that public attention and Blanton was executed on October 27. His last words were:

“Carlos was my friend,” he said. “I didn’t murder him. What’s happening right now is an injustice. This doesn’t solve anything. This will not bring back Carlos.”

He also complained that the lethal drugs that would be used on him weren’t allowed to put down dogs.

“I say I am worse off than a dog,” he said. “They want to kill me for all this. I am not the man that did this.”

Then he told friends he loved them.

How can you kill someone who you aren’t sure is the criminal you are looking for? Obviously, the evidence didn’t convict him, it was the law enforcement looking for someone to blame. I think the worst was the Texas Board of Pardons and Paroles telling Blanton that they weren’t interested in his innocence. They could care less whether he did it or not, as long as they got someone. It shouldn’t be a hassle to prove someone’s innocence, rather a right that everyone should have access to. But that’s not the case for most, including Reginald Blanton.

Prosecutorial bargaining involves public humiliation

Lenore — Fri, 06 Nov 2009 20:36:28 +0000

I just read an amusing article from the Simple Justice blog, intrigued by this photo:

The article was about two Bedford County, PA, women, Evelyn Border and her daughter, Tina Griekspoor, who stole a gift certificate from a 9-year-old girl at her birthday party. A pretty desperate act for which they found themselves in some trouble. After being arrested, District Attorney Bill Higgins was negotiating plea bargains with the women. Wanting to avoid jail time, Higgins made a deal with the women that he would recommend probation to the judge if the two stood outside the courthouse bearing huge signs that said “I stole from a 9 year-old on her birthday! Don’t steal or this could happen to you!”

Quite a surprising punishment for a criminal. It seems more like something my parents would make me do as a child if I “borrowed” the neighbor’s toy – force me to walk over, red with embarrassment, apologize and return it. The end goal being that you’re so ashamed that you wouldn’t do it again; but just because that works as a kid, doesn’t mean it will work with adults. Some people are shameless (and you have to be if you’re willing to steal from a child).

I suppose it is a seemingly small price to pay, but when did it become the prosecutor’s job to enforce sentencing on those facing criminal charges? That’s the judge’s choice. No matter the act, it doesn’t seem fair to force anyone to humiliate themselves. I know I wouldn’t want my mistakes exploited in public. It seems like less of an actual punishment and more a selfish act on Higgins part to gain some personal satisfaction.

More About Snitch Testimony in Dillon

Seth — Thu, 05 Nov 2009 14:50:14 +0000

As we chronicled here on Tuesday, Roger Dale Chapman, who testified during William Dillon’s 1981 trial that Dillon made a jailhouse confession, attended Dillon’s compensation hearing on Monday to set the record straight. The news reports don’t really do this riveting moment justice. So I wanted to recount what occurred from my perspective at counsel’s table:

While Dillon was on the stand, he was asked about his time in the county jail. He noted that while he in jail after arrest, he was in a large cell with upwards of 20 inmates and a story about the Dvorak murder came on the TV. Many people asked him about it and Bill stated that he told them “I had nothing to do with that there.”
Dillon also stated that he did not know Roger Dale Chapman, and therefore didn’t know if he had ever spoken with him at the jail. The first time he found out about Chapman was when Chapman was on the stand testifying to the jailhouse confession at trial.
Then Dillon was dismissed and counsel called Roger Dale Chapman to the astonishment of the hearing officers and just about everyone in the room.
Chapman stated that he was in the county jail after being falsely accused of rape. A Sheriff’s Office Agent, Thom Fair, came to him in the jail and made him an agent of the State for the purposes of soliciting damaging admissions from Dillon. Fair threatened Chapman with jail time if he didn’t comply.
Chapman then stated that he went into the “bullpen” where Dillon was being held with many other inmates and, when the story of the murder came on the TV with a picture of Dillon, he asked Dillon whether he did it and Dillon protested his innocence vehemently.
Several days later, Fair came back to the jail to meet Chapman. At this point Fair already knew that medical testing came back which demonstrated that Chapman could not have committed rape. Yet, when Chapman stated that Dillon didn’t give him anything and maintained his innocence, Fair held out his hand and stated “I have your life in the palm of my hand and if you don’t give me something on Dillon, I can make that rape charge come back.”
Fair also told Chapman that they had Dillon as their “fall guy.”
Chapman then stated that he didn’t have anything to say so Fair decided to record a statement by Chapman which would implicate Dillon, only when Fair asked the questions about the specifics of the crime, another investigator held up the answers so Chapman could parrot them back for the recording and the eventual transcribed statement.
Dillon’s counsel also entered into evidence secret handwritten notes from Dean Moxley, the Chief Assistant State Attorney, indicating that Chapman may have been made an agent of the State and that they already gave him a bond reduction and they should probably enter into a deal with him.
Chapman then testified at trial that Dillon confessed to him in jail with detail about the crime. Chapman’s rape charge was dropped in exchange.
After this testimony, Chapman apologized to Dillon for contributing to his wrongful conviction.

Obviously, none of this was turned over to the defense before trial and at trial, the State insisted that there was no deal.

This is the most pernicious kind of misconduct. Law enforcement had their mind made up and then just needed to fabricate the evidence to fit that preconceived notion. We call this tunnel vision.

This misconduct seems to have been the norm in Brevard County in the 1980s and the John Preston+snitch formula worked for the State in Dedge and Dillon, and we’ll find out whether it worked in the case of Gary Bennett.

Either way, this is the beginning of the pulling back of the curtain of the muck that regularly served to cause wrongful convictions in Brevard. I suspect it won’t be the last we hear.

A Failure of Leadership

Scott — Thu, 05 Nov 2009 02:11:56 +0000

On Monday, William Dillon’s special claims bill was before a hearing at the Division of Administrative Hearings (DOAH) in Tallahassee, where lawyers for the Florida Legislature are considering compensation for the 27 years Dillon spent in prison before his release last year after DNA testing excluded him from a key piece of evidence.

Though the “clean hands” provision of the compensation law that necessitated this hearing is a disgrace in and of itself, perhaps the most troubling thing in the post-exoneration saga of William Dillon is the way in which key leaders in positions of power and influence in Florida’s government, namely Governor Charlie Crist, Attorney General Bill McCollum, and Brevard-Seminole County State Attorney Norman Wolfinger, have responded to Dillon’s case and the documented systematic abuses of the justice system in Brevard County during the 1980s. Despite repeated calls from lawyers, politicians, journalists, justice advocates, and others across the political spectrum for some sort of investigation—any sort, for crying out loud—into the police and prosecutorial misconduct that landed three individuals (going on four and counting) in prison for crimes they did not commit, these career politicians continue to demonstrate to the citizens of this State that they are spineless and ethically vacuous leaders without an iota of concern for doing what is right. Political expediency, apparently, wins out in the battle between justice and injustice.

While Crist and McCollum are perhaps guilty only of acts of omission by hiding their heads in the sand, Wolfinger, on the other hand, has earned a special place atop the hierarchy of the ethically untethered. He has gone out of his way to contest compensation for a man who spent 27 years of his life in prison for a crime he did not commit. Wolfinger has denied Dillon’s innocence despite scientific proof to the contrary and has written a letter to the Florida Legislature claiming his office only dropped charges against Dillon because they could no longer present enough evidence to convict him. Is this guy serious?

We should also keep in mind that Crist, McCollum, and Wolfinger are all bar licensed attorneys in Florida. They are officers of the State of Florida sworn not only to uphold the laws of the State as required by their respective offices, but also to uphold the “dignity and esteem” of the “the law, the judicial system, and the legal profession.” Attorneys, notwithstanding the unfortunate (but likely deserved) public perception to the contrary, are bound to “be guided by a fundamental sense of honor, integrity, and fair play.” A requirement for admission to the Florida bar is that an individual be of “good moral character.” Crist, McCollum, and Wolfinger have demonstrated that they have forgotten their oaths and their obligations and have revealed the shallowness of their commitment to justice. I can hardly think of anything more disappointing from our Governor, our Attorney General, and one of our State Attorneys.

All three of these men have shown us the true quality of their character (or, as I believe, lack thereof). The citizens of Florida deserve better, and we have the opportunity, and I believe the duty, to take a stand against career politicians—indeed charlatans—posing as leaders of character. Since Crist and McCollum are so concerned with advancing their political careers, and are both running for office, we should let them know that we have higher standards for the leaders in our government and cast our vote for leaders who have some sense of decency and who take their ethical and professional duties seriously.

NY Times Article on Dog-scent Lineups

Scott — Wed, 04 Nov 2009 22:11:19 +0000

Yesterday the New York Times ran a good article on dog-scent lineups looking particularly at cases in Texas involving that state’s version of discredited dog handler John Preston (see previous coverage of Preston here, here, here, and here.

According to the Times, Deputy Keith A. Pikett of the Fort Bend County, Tex., Sheriff’s Department, serves as a consultant to law enforcement agencies around Texas using his home-trained bloodhounds (named Columbo, Quincy and Clue) and has performed thousands of scent lineups since the 1990s.

The controversy surrounding him and the cases on which he has worked is essentially a mirror of what’s gone on in this state with John Preston. Makes you wonder how widespread the use of dog-scent lineups is in other states around the country, and more importantly, how many innocent individuals are wrongfully incarcerated as a result

Snitch admits to lying in Dillon’s case

Lenore — Tue, 03 Nov 2009 16:42:29 +0000

Roger Dale Chapman, a jailhouse snitch whose testimony helped to convict William Dillon in 1981, admitted to lying on the stand and apologized to Dillon at yesterday’s compensation hearing.

Chapman was facing sexual battery charges of his own when former Brevard County sheriff’s homicide agent Thom Fair asked Chapman to gather information on Dillon’s involvement in the murder of James Dvorak. When Chapman came back stating that Dillon denied all involvement, Fair promised him dropped charges in his own case if he lied and testified against Dillon. DNA evidence has since proven Dillon’s innocence and exonerated him after 27 years in prison.

Chapman showed sincere remorse toward Dillon during his testimony yesterday, who in turn comforted him by letting him know he understood the circumstances and forgave him.

“Chapman apologized to me in front of everybody,” Dillon, who teared up during the testimony, said after the hearing. “He explained what he had to gain. I was emotionally perplexed, but I know he was pressed into it. I don’t necessarily blame him. He didn’t know me. Fair intimidated him.”

I have met a couple of Florida’s exonerees, including Bill Dillon, and I have to remark on how amazing it is to me that they are so forgiving. After all the wrongs that were made against them, they don’t hold grudges. Al Crotzer said during his June testimony before the Judiciary Subcommittee on Crime, Terrorism, and Homeland Security: “Many in my position would be bitter and burdened by all that was taken during the wrongful incarceration. But I don’t have time for that.” – and he’s right. It’s the realization after losing a quarter century of your life that time is precious and it shouldn’t be wasted with anger. In addition to enjoying the time they have now, they work toward preventing wrongful incarcerations from happening to others. It is truly admirable.

Texas’s Tenth Annual March to Abolish the Death Penalty

Scott — Mon, 02 Nov 2009 16:49:30 +0000

Gary Bennett article in Florida Today

Lenore — Mon, 02 Nov 2009 16:18:42 +0000

Last week I posted a blog about Gary Bennett, who has spent 25 years in jail due in part to John Preston and his scent dogs. Today an article runs in Florida Today outlining Gary Bennett’s case and his pursuit for DNA testing.

Bennett was convicted in the 1984 rape and murder of his neighbor, Helen Nardi, despite contradicting evidence such as alibis from several witnesses stating he was elsewhere, passing a polygraph, and no conclusive results tying him to the crime. The details of the crime and the circumstances surrounding the victim are quite revolting.

Nardi was 55 when she was stabbed to death with an ice pick, a pair of scissors and possibly a steak knife and a screwdriver.

Records in the case indicated that she was having regular sexual relations with her 65-year-old son-in-law, a man who married Nardi’s 16-year-old daughter when he was 53.

The state allowed the marriage to spare Nardi’s daughter from being put into the child welfare system because Nardi allegedly sold her for sexual favors to pay the rent.

The son-in-law, Kermit Parkins, was never considered a suspect in the case despite the unusual relationships. Later, police discovered that Parkins used to rent a trailer from the lead investigator in the case, Palm Bay police Detective Leroy Dunning.

The personal relationship with lead investigator Dunning explains why Parkins was exempt as a suspect, which he should have been from the moment they discovered his affair with Nardi. As the article points out, this situation is similar to that in Bill Dillon’s case where the lead investigator had sexual relations with a key witness.

Centurion Ministries alongside with the Innocence Project of Florida are helping Bennett to obtain the DNA testing that could prove his innocence and hopefully re-investigate the case, taking Parkins in as a key suspect.

Bill Dillon Compensation Hearing This Morning

Lenore — Mon, 02 Nov 2009 14:00:05 +0000

This morning in Tallahassee, FL William Dillon’s attorneys will present a case for compensation for his wrongful conviction and incarceration, and will demonstrate the improprieties by the state in the investigation and prosecution of Dillon’s case. Dillon was wrongfully convicted of a 1981 murder and served 27 years behind bars before DNA evidence demonstrated his innocence. The Innocence Project of Florida worked to obtain the DNA testing that proved Dillon’s innocence and and led to his release in November 2008.

The recently passed Victims of Wrongful Incarceration Act has a “clean hands” provision preventing anyone with a prior felony from being awarded compensation. Dillon had a minor, non-violent offense prior to his wrongful conviction and was, therefore, excluded from being compensated through this new process for his 27 years of wrongful imprisonment.

Instead, Dillon was required to proceed through the political claims bill process. Dillon is fortunate to have Senator Mike Haridopolos (R-26 – Brevard) and Rep. John Legg (R-46 – Pasco) as the principle sponsors of the claims bill. Additionally, the entire Brevard County delegations from both legislative houses have agreed to co-sponsor the bill.

The hearing on the claims bill will be held at 9:00 AM this morning. Good luck to Mr. Dillon!

FL Supreme Court Stays Execution of Paul Beasley Johnson

Scott — Fri, 30 Oct 2009 18:57:27 +0000

Johnson was convicted for the 1981 murders of three individuals including a Lakeland deputy. Governor Crist recently signed Johnson’s death warrant at the urging of Polk County Sheriff Grady Judd and a 3,000 strong petition drive. The execution had been scheduled for November 4th.

According to the Court, the stay order was granted “in order to consider the significant issues raised in Claim 1 of this appeal concerning prosecutorial misconduct. This stay is in effect pending further order of the Court.”

A copy of the stay order can be read HERE.

The stay was entered by Justices Perry, Labarga, Lewis and Pariente. Justice Polston dissented. Chief Justice Quince and Justice Canady were recused.

Read more about it HERE (Miami Herald), HERE (The Ledger – Lakeland), or HERE (Palm Beach Post).