Friday 30 July 2010

More News Clippings on Derrick Williams

 From the Blog : Plain Error :

More News Clippings on Derrick Williams


Here are some straggler news articles on Derrick Williams:

Family Rallies to Proclaim Palmetto Convict’s Innocence (With Video) (Bradenton Herald)
Press Conference Photo Gallery (Bradenton Herald)
Inmate’s Case Puts Focus on Flawed System (Miami Herald)

Related posts:

  1. Press Conference Regarding Derrick Williams’ Innocence Once again, IPF attorneys Seth Miller and Melissa Montle are onto a wrongful conviction.  DNA test results proving the innocence...
  2. DNA Testing Demonstrates Derrick Williams is Innocent  DNA Testing Demonstrates Derrick Williams is Innocent: Williams has Served Over 17 Years for a Rape he Did Not...
  3. New Wrongful Conviction Press Conference in Bradenton, FL on July 27th  New Wrongful Conviction Press Conference in Bradenton, FL New DNA Test Results Prove Derrick Williams’ Innocence This Tuesday, July...
  4. Who said anything about an absence of DNA? Since we released the DNA results in the case of Derrick Williams earlier this week, there has been an outpouring...
  5. James Bain Round-up Well folks, we had a successful release of James Bain’s DNA test results which prove that he did not rape...
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Thursday 29 July 2010

Who said anything about an absence of DNA?

 

From the Blog : Plain Error

Who said anything about an absence of DNA?



Since we released the DNA results in the case of Derrick Williams earlier this week, there has been an outpouring of public support for Derrick, his family and for IPF.  People recognize that the DNA test results are powerful new evidence that prove Derrick’s innocence and, at minimum, entitle him to a new trial.  What doesn’t seem to make sense is the insistence by the prosecutor that we are relying on the absence of DNA to prove innocence in this case.  After calling IPF names, which is a bit unnecessary, a commenter in a previous post illustrates this confusion:
Wow I cannot believe how gullible the people at The Innocence Project of Florida have become. All a convict has to say is “I’m innocent” and that MUST be the truth so they will spend $$$$ trying to free the criminal. This man is 100% guilty and your DNA tests are a joke! How does this DNA evidence demonstrate innocence ? Absence of evidence is NOT evidence of absence! Do you understand that? Just because you DID NOT FIND DNA on a shirt does not mean the man WAS NOT THERE!!! Stop wasting your time and money! In fact I have an idea. the IPF should hire me as a consultant.
I am willing to work very cheap, I can save the IFP a BOAT LOAD OF $$$
Let’s dismantle this illogical argument.  We recognize better than most that most people in the prison system assert their innocence even if it is not true.  Indeed, we receive approximately 1,200 requests for new assistance each year and only accept about 12 new cases, meaning we deny roughly 99% of the people who contact us for help.   When we take a case, we take it because we believe we can meet the legal standards both to get DNA testing and to vacate the conviction should the results be favorable. The Derrick Williams case is no different.
We all agree that it is a single perpetrator, black on white, rape case where the perpetrator left his shirt in the victim’s car and it was later collected by law enforcement.  This shirt was a key piece of evidence and the case really only hinges on the victim’s inconsistent and tainted ID and the strong effort by the prosecution to attribute the shirt to Derrick.  Let’s not forget that when we petitioned for DNA testing, we argued that one possibility was to get the exact result we ended up getting, and with that knowledge, the prosecution recognized our entitlement to the testing.
We would not be where we are today if there was an “absence of DNA” on the inside of the collar of the perpetrator’s t-shirt.  If that were the case, we would have had no DNA profile to compare to and Derrick would have to remain wrongfully incarcerated.  No press conference, no news coverage, nothing left to do.
Of course, our result is much different.  We DID find DNA in the inside collar of the shirt, which is a wearer area of the shirt.  It is a place where, when people sweat normally when wearing a t-shirt, they leave their sweat and skin cells which contain their DNA.  This is especially so, as in this case, when the wearing is done on a hot August day and a violent struggle occurred causing greater shedding of skin cells than that which takes place during normal wear.  When we compared this wearer DNA found on the inside collar of the perpetrator’s t-shirt to the DNA profile Derrick Williams, he was excluded as a donor of the wearer DNA.  This means the DNA wearer DNA was not his, he did not wear the shirt and leave it in the victim’s car after the rape, and someone other than him committed the rape.
Every single DNA exoneration necessarily requires the perpetrator to leave his biological evidence at the crime scene, either in or on a victim, or on a piece of physical evidence that has a nexus to the crime and the perpetrator.  Thus, this case is no different than a perpetrator leaving semen on the victim’s underwear and it excluding the defendant.
It is the absence of the Defendant’s DNA and the presence of someone else’s DNA that makes this case just like the other 255 DNA exonerations before it.  This new DNA evidence proves Derrick did not rape the victim and that he is innocent.  We look forward to proving what most already understand: that these fanciful arguments by this commenter and the prosecution are really just non-science-based excuses for following their gut instinct instead of the evidence that is clear as day.

Related posts:

  1. DNA Testing Demonstrates Derrick Williams is Innocent  DNA Testing Demonstrates Derrick Williams is Innocent: Williams has Served Over 17 Years for a Rape he Did Not...
  2. More News Clippings on Derrick Williams Here are some straggler news articles on Derrick Williams: Family Rallies to Proclaim Palmetto Convict’s Innocence (With Video) (Bradenton Herald)...
  3. New Wrongful Conviction Press Conference in Bradenton, FL on July 27th  New Wrongful Conviction Press Conference in Bradenton, FL New DNA Test Results Prove Derrick Williams’ Innocence This Tuesday, July...
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Wednesday 28 July 2010

Press Conference Regarding Derrick Williams’ Innocence

From the Blog Plain Error :

Press Conference Regarding Derrick Williams’ Innocence


Once again, IPF attorneys Seth Miller and Melissa Montle are onto a wrongful conviction.  DNA test results proving the innocence of Derrick Williams who had been convicted of an August 1993 kidnapping and rape in Palmetto, Manatee County, FL were released by a Fairfield, Ohio laboratory on Monday, July 26, 2010.  In addition to that, the IPF has unveiled other factors plaguing Williams’ case, including witness misidentification, the damaging and destruction of the evidence while it was under the care of Manatee County Sheriff’s Office (MSO), and the MSO’s denial of that neglection to the press (IPF Press Release).  The following is a round-up of the press conference held on July 27, 2010 in regards to this development:
DNA test on evidence could overturn 1993 rape conviction of Palmetto man (Herald Tribune)
DNA used to contest Palmetto man’s conviction in 1992 rape (The Tampa Tribune)
Attorneys:  DNA evidence exonerates inmate (MyFOX Tampa Bay)
Innocence Project demands release of Palmetto convict (Bradenton Herald)
Innocence Project says man convicted of rape should be freed (ABC Action News)
Innocence Project out to free Manatee man (BayNews 9)
Is convicted rapist innocent?  Attorneys say DNA proves it (WTSP 10 News)
Will new evidence set Manatee County man free? (ABC 7)
Group says DNA proves Palmetto man didn’t rape woman in 1992 (Tampa Bay Online)


Related posts:

  1. New Wrongful Conviction Press Conference in Bradenton, FL on July 27th  New Wrongful Conviction Press Conference in Bradenton, FL New DNA Test Results Prove Derrick Williams’ Innocence This Tuesday, July...
  2. DNA Testing Demonstrates Derrick Williams is Innocent  DNA Testing Demonstrates Derrick Williams is Innocent: Williams has Served Over 17 Years for a Rape he Did Not...
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Tuesday 27 July 2010

DNA used to contest Palmetto man's conviction in 1992 rape


DNA used to contest Palmetto man's conviction in 1992 rape

By RAY REYES The Tampa Tribune

Published: July 27, 2010

Updated: 9 min. ago

Related Links

Bain: How you stay hopeful
Bain: Home for Christmas
Innocence Project website

Derrick Williams

TAMPA - An organization that used DNA evidence to free a Tampa man after 35 years in prison is working to exonerate a Palmetto man they said was wrongfully convicted of rape.

The Innocence Project of Florida held a news conference this morning at the Manatee County Courthouse in Bradenton to announce that DNA test results prove Derrick Williams did not rape a woman in 1992.

"It makes me extremely happy that it's finally coming to an end," Williams said in a statement through Innocence Project lawyers. "The results prove what I have said all along – I am innocent."

Seth Miller, the executive director of the Tallahassee-based nonprofit organization, said he has filed a motion today to vacate Williams' conviction.

"Hopefully, we can get it done as soon as possible," Miller said.

According to authorities:

The woman was kidnapped when she arrived home from work. The attacker forced her back into her car and drove to an orange grove, where she was raped in the back seat.

The man had removed a T-shirt he was wearing and told the woman to cover her face with it. After the attack, the man got out of the car to open the trunk.

The woman got in the driver's seat and drove away. The man's shirt, which became a key piece of evidence in the case, was still in the car.

A court-ordered test this year shows that skin cells and sweat on the inside collar of a shirt worn by the attacker does not match Williams' DNA. The technology was not available during Williams' trial in 1993.

During the investigation, the victim's description of her attacker was inconsistent, as was her account of how well she could see him, attorneys for the Innocence Project said.

The Florida Department of Law Enforcement said a strand of hair found on the shirt did not come from Williams.

During the trial, the jury was not convinced by the FDLE report or six defense witnesses who said Williams was at a family barbecue when the rape occurred.

"After 17 years in prison for a crime he didn't commit, the state should do the right thing and release this innocent man immediately," said Melissa Montle, an attorney for the Innocence Project.

Prosecutors will fight efforts to free Williams, saying someone else's DNA on the shirt doesn't exonerate him. The victim had picked Williams out of a photo lineup as her attacker, prosecutors say.

Miller questioned the procedure of the lineup, saying investigators included two photos of Williams when the packet was presented to the victim.

"They put him in the photo pack twice," Miller said. "That is kind of suggestive."

Williams, 47, is serving a life sentence at Hardee Correctional Institution. Before convicted in the Manatee rape case, he was sentenced to a prison term of two years in 1989 on grand theft and burglary charges, state records show.

Innocence Project attorneys said Williams has been a model prisoner, earning a GED and working as a supervisor for a program that refurbished Florida Department of Corrections vehicles and fire trucks.

Jamie Bain, who was freed from prison after the Innocence Project took on his case, attended the news conference to show his support for Williams. More than 30 members of Williams' family were also there to ask for his release.

Bain, who lives in Tampa, was freed Dec. 17. Results showed his DNA did not match a sample found on the underwear of a 9-year-old rape victim.

Bain's wrongful imprisonment is the longest time served by any of the 255 people in the country exonerated by DNA evidence.

He was invited to Philadelphia this year to ring the Liberty Bell on Martin Luther King Jr. Day. Bain was the guest of honor at a luncheon after the ceremony and received an award from city leaders.


Information from The Associated Press was used in this report. Reporter Ray Reyes can be reached at (813) 259-7920.

Williams has Served Over 17 Years for a Rape he Did Not Commit; Attorneys Call for Immediate Release

Williams has Served Over 17 Years for a Rape he Did Not Commit; Attorneys Call for Immediate Release

Innocence Project of Florida, Inc.

1100 East Park Avenue, Tallahassee, FL 32301

Telephone 850.561.6767 Fax 850.561.5077



For Immediate Release PRESS RELEASE

July 27, 2010

Contacts:

Seth Miller, Esq.: 202.341.2127

Melissa Montle, Esq.: 561.843.9304



DNA Testing Demonstrates Derrick Williams is Innocent:

Williams has Served Over 17 Years for a Rape he Did Not Commit; Attorneys Call for Immediate Release



Bradenton, Florida—On Monday, July 26, 2010, DNA Diagnostics Center, a nationally recognized forensic laboratory in Fairfield, Ohio, issued a report in the case of State of Florida v. Derrick Williams, which demonstrates Williams’ actual innocence of an August 1993 kidnapping and rape in Palmetto, Manatee County, Florida.



Upon an agreement by Williams’ attorneys at the Innocence Project of Florida and the State Attorney, the court ordered DNA testing on the t-shirt worn by the assailant before the rape and left in the victim’s car at the end of the crime. The testing excludes Derrick Williams as the donor of the DNA on the inside of the collar of the assailant’s t-shirt, confirming that someone other than Williams raped the victim and left the t-shirt in her car. “After over 17 years in prison for a crime he didn’t commit, the State should do the right thing and release this innocent man immediately,” said Williams’ attorney, Melissa Montle, staff attorney for the Innocence Project of Florida (IPF).



At Williams’ trial, the State made the assailant’s t-shirt the central piece of physical evidence against Williams, even though there was an indication even before trial that the shirt may have belonged to someone else. Before trial, the Florida Department of Law Enforcement determined that a “Negroid” hair found on the t-shirt could not have come from Williams. Williams was convicted when the jury failed to believe that scientific evidence or his unrefuted alibi evidence given by six different witnesses (he was at a family barbeque); instead relying on the inconsistent and contradictory eyewitness identification by the victim. “Today’s DNA results demonstrate conclusively that the victim was mistaken about who raped her and that Derrick is innocent,” said Montle.



According to the Innocence Project of Florida, witness misidentification is the leading cause of wrongful convictions, contributing to 75% of the 255 wrongful convictions later overturned by DNA testing nationwide.



Other important physical evidence, including the victim’s rape kit and the foreign “Negroid” hair from the assailant’s t-shirt, were improperly stored and unlawfully incinerated by the Manatee County Sheriff’s Office (MSO) in late 2003. Internal MSO memos indicate that, as early as 1996, leadership at MSO was made aware of poor climate control and mold issues in one of its storage facilities. Yet it never made any effort to move the evidence, examine it, or determine whether any pieces of evidence were salvageable. Instead, the evidence in the case of Derrick Williams and nearly 4,000 other criminal cases was summarily destroyed by mass incineration.



MSO denied the evidence damage and destruction to the press. It never informed defendants or defense attorneys in these cases about the destruction. The mass destruction was only revealed through the vigorous eighteen-month investigation of the Williams case by the Innocence Project of Florida. “The State simply threw away important evidence in Derrick William’s case and in thousands of other cases, and then pretended like it never happened. We now know that Derrick is innocent. How many others will never get the chance to prove their innocence because of this debacle?” said Seth Miller, executive director of the Innocence Project of Florida.



For his part, Derrick Williams has been a model citizen in the Florida prison system. During his wrongful incarceration, he earned a GED and was an inmate supervisor for Prison Rehabilitative Industries and Diversified Enterprises (PRIDE) refurbishing Department of Corrections vehicles and fire trucks for first responders nationwide. When informed of the results, Williams said, “It makes me extremely happy that it’s finally coming to an end. The results prove what I have said all along—I am innocent.”



The Innocence Project of Florida (IPF) is a 501(c)(3) organization dedicated to finding and freeing innocent people in Florida prisons. IPF represents Derrick Williams for free, including all costs associated with DNA testing and litigation. IPF’s website is www.FloridaInnocence.org.

###



__________________________________________________________________________________________________________________




Statement of Facts: State of Florida v. Derrick Williams



On March 19, 1993, Derrick Williams was convicted of kidnapping, sexual assault, robbery, grand theft auto, and two counts of battery and was later sentenced to life in prison by the Twelfth Judicial Circuit Court in Manatee County, Florida. Exactly 17 years later, on March 19, 2010, that same Court granted DNA testing of biological material on the assailant’s t-shirt. On July 26, 2010, a report was issued revealing DNA results that demonstrate Williams’ actual innocence.



The DNA: New DNA results reveal that DNA from the assailant’s skin cells and sweat on the inside collar of the assailant’s t-shirt came from someone other than Williams, thus confirming that someone other than Williams committed the kidnapping, sexual assault, robbery, grand theft auto, and batteries, and left his t-shirt in the victim’s car. Williams’ attorneys, the Innocence Project of Florida (“IPF”), requested this DNA testing in 2009 and the State Attorney for the Twelfth Circuit agreed to the testing. The testing was paid for by IPF and performed at DNA Diagnostics Center, a private lab in Fairfield, Ohio.



The Crime: After she arrived home from work on August 6, 1992, the victim was kidnapped in her own car by an unknown black male and taken to a nearby orange grove where she was raped in the back seat. Before the rape occurred, the assailant removed the t-shirt he was wearing and told the victim to cover her face with the shirt. When the assailant exited the car to open the trunk, she escaped and drove home with the assailant’s t-shirt still in the car. Law enforcement collected the t-shirt for processing.



Williams was known to law enforcement in the area for property crimes leading them to include him in the photo line-up shown to the victim. Contrary to sound police procedure, two photos of Williams were included in the same photo line-up. After viewing the lineup with the suggestive double photo inclusion, the victim identified Williams as her attacker. Although Williams had an alibi, never confessed to the crime, and always maintained his innocence, police arrested him.



The Trial: The State’s case was based largely on the victim’s identification of Williams as her assailant and on evidence linking the t-shirt left in the car to Williams. In addition to the State’s evidence, the Defense called 7 alibi witnesses, including Williams himself, who were all sure that Williams was at a family barbecue at the time of the offense.



(1) Victim’s Misidentification: The traumatized victim was inconsistent with her description of her assailant and her description of how well she was actually able to see him. In fact, her best opportunity to see her assailant was when she first drove up to her house with her window cracked and he was standing on her porch 20 feet away. After that glimpse, her view was completely obstructed for the remainder of the crime—he had her in a head lock in the car before the rape and his t-shirt was used to cover her face during the rape. The victim’s physical description of the assailant also did not match Williams’ appearance. She initially described her assailant as between 5’6” and 5’8” with a scar on his gut whereas Williams is 5’11” and has a scar on his back. At trial, the victim changed her testimony to eliminate this discrepancy by stating that she did see a scar on her assailant’s back, even though she had testified unambiguously at her earlier deposition that she never saw her assailant’s back.



Even more telling was law enforcement’s preparation of a photo line-up which included 2 photos of Williams. This type of double photo inclusion is improper and inherently suggestive. After viewing the photo line-up with 2 photos of Williams, the victim identified Williams as her attacker, but was admittedly only 80% sure it was him. After a subsequent live line-up, she stated she was positive Williams was the perpetrator. DNA results now prove that someone other than Williams left the t-shirt in the victim’s car during the rape and that the victim’s tainted identification of Williams as her rapist was a mistake.



(2) The Assailant’s T-Shirt: The State’s Key Piece of Physical Evidence: It is undisputed that the t-shirt on which DNA testing was performed belonged to the assailant. More specifically, it was the State’s theory at trial that the assailant who raped the victim was wearing the t-shirt when he first met her and kidnapped her, took the t-shirt off and covered her face with it to prevent her from identifying him during the rape, and inadvertently left the t-shirt in the victim’s car when she managed to surprise him and escape. The State then attributed the t-shirt to Williams in order to convince the jury that he was the assailant. The victim herself identified the t-shirt as the assailant’s and it was admitted into evidence as State’s Exhibit 9A. In addition, Williams’ girlfriend made a pretrial statement saying that Williams owned a similar shirt but repudiated that statement at trial. The State continued to contend that the t-shirt belonged to Williams even though a “Negroid” hair extracted from the shirt, according to FDLE, could not have originated from Williams. DNA results now prove that the State’s theory that Williams was the assailant and left the t-shirt in the car, along with the evidence used to prove this theory, was simply wrong.



(3) Williams’ Alibi: In his defense, 6 witnesses, including family, friends, and neighbors, provided unrefuted testimony that Williams was at a barbecue at his mother’s house when the crime occurred. In addition, Williams took the stand in his own defense and testified that he was at the barbecue, he did not commit this crime, and the assailant’s t-shirt did not belong to him. DNA results now prove Williams’ alibi to be credible and his claims of innocence to be true.



Unlawful Destruction of Evidence: In addition to the assailant’s t-shirt, an abundance of other evidence was collected by law enforcement after the crime. This other evidence also could have been DNA tested to reveal the rapist’s identity and included (1) the victim’s rape kit, which contained semen; (2) floor mats from the victim’s car, which indicated the presence of bodily fluids; (3) Negroid hairs extracted from the assailant’s t-shirt; (4) Negroid hairs extracted from the car’s vacuumings; (5) the assailant’s white cloth left in the car, which indicated the presence of bodily fluids; and (6) the victim’s clothing worn during the rape. Unfortunately, each of these items (along with evidence from thousands of other cases) was negligently stored by the Manatee County Sheriff’s Office (“MSO”) in a storage unit that flooded. According to internal memos, the possibility of major water damage was known to MSO as early as 1996. MSO incinerated each and every single piece of evidence in this water damaged storage unit in 2003, without first performing a thorough review to determine the extent of the damage and whether evidence was suitable for future storage, and without notification to defendants or their counsel affected by the damage.



Conclusion: Unfortunately for Mr. Williams, who has spent 17 years in prison, this DNA evidence did not exist at the time of his trial. Now that the key piece of physical evidence has been analyzed using modern science, DNA testing proves that skin cells and sweat on the inside collar of the assailant’s t-shirt belong to someone other than Derrick Williams. Thus, the assailant’s t-shirt, which was once the lynchpin of the State’s case linking Williams to the crime, is now actually powerful, affirmative evidence of innocence.





_________________________________________________________________________________________________________________




Derrick Williams: Unlawful Destruction of Evidence



The Manatee County Sherriff’s office (“MSO”) destroyed evidence in thousands of Manatee County criminal cases, due to its improper storage and mishandling of the physical evidence.



During its routine investigation and review of Derrick Williams’ case, the Innocence Project of Florida (“IPF”) discovered that much of the evidence had been destroyed under mysterious circumstances. It appeared that MSO had not been open and honest about the circumstances which surrounded the destruction of evidence in Williams’ case. In addition, MSO would not produce the required contemporaneous documentation regarding the destruction.



Specifically, IPF sent its first formal public records request regarding evidence in Williams’ case on August 4, 2008 and received no response. On September 29, 2008, IPF called MSO in an attempt to follow up on the request and locate the evidence. At this time, IPF was told by the supervisor of the property room at MSO that MSO was not in possession of any evidence in the Williams case. MSO provided no documentation to prove this claim. On October 30, 2008, IPF was able to reach the supervisor of the MSO Crime Lab who stated that any and all evidence and destruction orders would be in the possession of the property room. So, on November 3, 2008, IPF followed up with the supervisor of the property room who on this date stated that the Williams evidence was either destroyed or in “the boxes” but that these “boxes” were in the process of being moved and it would be months before she could locate “the boxes” or the destruction orders for the Williams evidence. Unwilling to wait months, IPF sent a renewed public records request on November 25, 2008, laying out the conflicting information received up to that point from MSO.



On December 5, 2008, IPF received a written response from Major Keith Stewart at MSO stating that it was possible that the Williams evidence was destroyed when the entire contents of one MSO storage unit, the First Union Bank vault (“vault”), was lost due to water and mold, but this had not yet been determined. This was the first that IPF had heard about possible water damage. The Major also stated that if it was discovered that the evidence was indeed destroyed by the water damage, documentation would be provided to IPF. A second response from Major Stewart was received on the same date, December 5, 2008, stating that the Williams evidence was indeed in the vault that was damaged by water and mold and any and all evidence in that facility was completely destroyed. This destruction of an entire MSO storage facility occurred between the months of November and December 2003 by burning the evidence in an incinerator.



In response to Major Stewart’s second letter purportedly confirming the destruction of the Williams evidence, IPF sent another letter on December 19, 2008 requesting proof of destruction pursuant to Florida Statutes and requesting a complete list of all of the evidence that was destroyed in the Williams case. On December 23, 2008, still troubled by this purported mishandling and destruction of valuable evidence, IPF followed up with a written request to MSO specifically for contemporaneous destruction orders, an itemized list of evidence destroyed, written confirmation that a thorough search for the evidence was performed, and a complete list of all of the cases in which evidence was destroyed in November-December 2003.



On January 2, 2009, IPF received a response from MSO General Counsel acknowledging receipt of the recent requests and promising to continue to work to provide the requested documents and information. During a call with MSO General Counsel on January 21, 2009, IPF learned that all of the requested information was in existence and would be put together within a few weeks. On February 25, 2009, MSO General Counsel provided IPF with the Williams’ case file and documentation regarding the destruction of the Williams evidence. On this date, IPF was assured that it would receive a complete list of all cases in which evidence was destroyed due to water damage in the vault once it was compiled. MSO provided this list of thousands of cases on March 18, 2009. After over a year and a half of haggling, IPF received all of the information it requested from MSO. During this same timeframe, MSO was patently denying to the press that a flood or water damage occurred in any of its storage facilities and apparently failed for over five years to notify anyone outside of MSO that the mass destruction of evidence occurred.



Unfortunately, the information received by IPF proved that, indeed, the invaluable Williams evidence was destroyed by incineration due to improper storage and mishandling by MSO. This evidence included (1) the victim’s rape kit, which contained semen; (2) floor mats from the victim’s car, which indicated the presence of bodily fluids; (3) Negroid hairs extracted from the assailant’s t-shirt; (4) Negroid hairs extracted from the car’s vacuumings; (5) the assailant’s white cloth left in the car, which indicated the presence of bodily fluids; and (6) the victim’s clothing worn during the rape. IPF believed in Williams’ innocence and pursued DNA testing of the only 2 pieces of evidence still in existence—the assailant’s t-shirt and the victim’s pantyhose used as a ligature.



Not only was MSO’s avoidance of the truth and resistance to providing proper documentation a problem, but included in the documentation ultimately provided to IPF was proof that MSO knew of the possibility of water damage in the vault, yet did nothing to prevent it. In an internal MSO memorandum dated October 24, 1996, the supervisor of the property room noted the possibility of a major problem with water/sewage damage of evidence in certain areas. Yet, it appears that no action was taken to address this problem because in July 2001 the supervisor of the property room in two memorandums requested authorization to destroy evidence in hundreds of cases in the vault noting that “all of the cases” in the vault “have built up a lot of mold/mildew which is a hazard to your health.” It is disturbing to note that MSO requested destruction of this evidence without taking any steps to remediate the damage or move the evidence. On May 17, 2002, the property supervisor requested that photographs be taken of the damaged evidence in the vault in order to bolster the request for destruction. Again, the request was for photographs, not for retrieval or remediation of the evidence. On May 12, 2002, citing a non-functioning dehumidifier, an MSO memorandum stated that the evidence in the vault should be removed and disposed. Finally, an MSO memorandum dated October 16, 2002 noted that while “Operation Vault Clean-out” was to begin on July 23, 2002, a health problem required MSO to push the cleaning back to October 2002.



Never in any of these internal memoranda does anyone associated with MSO even consider that the evidence should be sorted through, that some of it may still be in good, usable condition, that some of it may be exculpatory, or that contemporaneous records should be made of its destruction. Nor do they consider notifying the criminal defendants or attorneys involved. Even after the public became aware of this improper and unlawful mass destruction of evidence, MSO downplayed the importance of the destroyed evidence and asserted that the destruction was harmless because all of the lost evidence was for cases that had already gone through the legal system. Derrick Williams’ case “had already gone through the legal system.” In fact, the State had knowledge of the existence of exculpatory evidence in the Williams case, namely a Negroid hair from the assailant’s t-shirt that FDLE determined before trial could not have originated from Derrick Williams, and still unlawfully disposed of this evidence as part of its mass destruction of evidence.



This improper storage and unlawful destruction affected thousands of Manatee County defendants. New DNA test results now demonstrate that one of them—Derrick Williams—is innocent. It is frightening to consider how many more are innocent but will be unable to prove their innocence due to this unlawful mass destruction of evidence in Manatee County.

T-shirt that was key evidence in prosecution could now exonerate him


DNA evidence may free man after 17 years
T-shirt that was key evidence in prosecution could now exonerate him
Derrick WIlliams

By Todd Ruger


Published: Tuesday, July 27, 2010 at 1:00 a.m.
Last Modified: Tuesday, July 27, 2010 at 12:54 a.m.


MANATEE COUNTY - The same gray T-shirt that helped put Derrick Williams of Palmetto in prison for life on a rape conviction in 1993 has resurfaced as the piece of evidence that may exonerate him.


A woman escaped from the rape with her attacker's gray T-shirt, and she identified Williams in court as the man who took off his shirt to cover her face during the attack. Williams' girlfriend also told the jury that he left home that day wearing a gray shirt but returned with a red one.

But on Monday, Williams' attorneys revealed that new DNA tests of sweat and skin cells on the inside of the shirt collar did not come from Williams. They say the results prove Williams is innocent, and that he has spent the past 17 years in prison on a wrongful conviction.

"The T-shirt has the DNA of the perpetrator, and it's not our guy," said Melissa Montle, staff attorney for the Innocence Project of Florida. "It's really, really good news."

Williams' attorneys will file motions today to vacate his kidnapping and rape convictions and life prison sentence. The new lab results sent to prosecutors Monday exclude Williams from being a contributor to a mixture of DNA found on the inside of the gray shirt's collar -- where skin and sweat from the wearer would collect.

Twelve people in Florida -- and 255 nationwide -- have been exonerated based on DNA evidence, which has advanced to allow testing on hair and even degraded substances since Williams went to prison, said Seth Miller, the Innocence Project executive director.

"We had another case just like this in Brevard County, and that gentleman was exonerated after 27 years in prison," Miller said. "We think we should have the same result here."

The Innocence Project called on prosecutors to immediately agree to release Williams. But a local prosecutor said the new evidence does not prove Williams' innocence, and said the state will ask for a hearing before a judge to discuss it.

Williams was informed of the results in prison and, according to the Innocence Project, said: "It makes me extremely happy that it's finally coming to an end. The results prove what I have said all along -- I am innocent."

Police accused Williams, now 47, of abducting the 25-year-old woman from her Palmetto home, forcing her into her car and driving her to an orange grove to rape her.

Williams testified on his own behalf at trial. Relatives told the jury he was eating chicken and drinking beer with them at a family barbecue at the time of the attack.

Labs create a profile from a suspect's DNA by using 13 locations on the DNA that are known to vary from person to person. It is then compared to a profile of DNA taken from evidence. Any difference in any one of the locations means there is no match and the suspect therefore could not have left the DNA.

At the time of his arrest, Williams offered to give blood and saliva samples. But there was no sperm found to compare the genetic material, and DNA techniques used to find samples on evidence were not known then.

That meant the case was largely based on the victim's identification of Williams, but her description of her assailant differed from Williams and her story had several inconsistencies. Misidentification is often the cause of wrongful convictions that are later overturned by DNA evidence, the Innocence Project said.

Law enforcement prepared a photo line-up that included two pictures of Williams -- which is inherently suggestive -- and the victim said she was 80 percent sure Williams was her attacker, the Innocence Project says.


The victim did a live line-up later and said she was sure it was Williams. Her best opportunity to see her attacker was with her car window cracked with the man on the porch 20 feet away -- she said he had her in a headlock or with the shirt on her head the rest of the time, the Innocence Project said.

The victim said her attacker was 5-foot-6 to 5-foot-8 with a scar on his gut, whereas Williams is 5-11 with a scar on his back. She changed her testimony at trial to say the scar was on her attacker's back, even though she had told investigators she never saw her attacker's back.

The state also contended the shirt belonged to Williams even though the Florida Department of Law Enforcement had used a microscope to determine a hair extracted from the shirt could not have been Williams', the Innocence Project says.

The Innocence Project sought to test that hair and other evidence in Williams' case, such as the car's floor mats, the rape kit and the victim's clothing during the rape.

But those items were destroyed by the Manatee County Sheriff's office after a 2003 water leak in an evidence storage facility, along with evidence in about 3,600 other criminal cases.

Miller said there was a good chance they would have been able to find DNA evidence to test on those other items to help further show Williams' innocence.

That is important because if the conviction and sentence are vacated, the next step procedurally is a retrial. Prosecutors would not have much of the evidence from the case since it was destroyed.

At the time of his conviction, Williams was already a felon, and had been accused and acquitted of a rape years earlier.

A woman said two men abducted her car from the parking lot of a north Manatee County convenience store in 1980, drove her to an orange grove and raped her.

In that case, the woman identified Williams and another man as her attackers; the other man was in jail at the time of the rape and Williams' relatives said he was home sleeping at the time.

Monday 26 July 2010

New Wrongful Conviction Press Conference in Bradenton, FL


Innocence Project of Florida, Inc.

1100 East Park Avenue, Tallahassee, FL 32301

Telephone 850.561.6767 Fax 850.561.5077



For Immediate Release PRESS Advisory

July 26, 2010

Contacts:

Seth Miller, Esq.: 202.341.2127

Melissa Montle, Esq.: 561.843.9304




New Wrongful Conviction Press Conference in Bradenton, FL
New DNA Test Results Prove Derrick Williams’ Innocence



This Tuesday, July 27, 2010, Derrick Williams’ attorneys from the Innocence Project of Florida will hold a press conference to release new DNA test results that demonstrate Mr. Williams’ innocence of a 1993 Palmetto, Manatee County, Florida kidnapping and rape.



Attorneys from the Innocence Project of Florida will discuss the results and take press questions regarding the case at this press conference. Members of Mr. Williams’ family will also be available for comment at this time. Florida’s most recent DNA exonoree, James Bain, will be in attendance to show support for Mr. Williams and his family. Bain’s 35 years of wrongful incarceration is the longest time served by any of the 255 DNA exonorees nationwide.



The press conference will be held at 10:30 a.m. on the west side of the new Manatee County Courthouse (in the courtyard between the old and new courthouses), 1051 Manatee Avenue West, Bradenton, FL.



The Innocence Project of Florida (IPF) is a 501(c)(3) organization dedicated to finding and freeing innocent people in Florida prisons. IPF represents Derrick Williams for free, including all costs associated with DNA testing and litigation. IPF’s website is www.FloridaInnocence.org.

Friday 9 July 2010

Former Florida Death Row Inmate Crosley Green Petitions for New Trial

PUBLISHED FRIDAY, JUL. 09, 2010

14 Witnesses Step Forward to Bring New Light to Green's Innocence

WASHINGTON, July 9 /PRNewswire-USNewswire/ -- Former death row inmate Crosley Green has petitioned a Florida court for a new trial concerning the 1989 murder of Charles "Chip" Flynn in Mims, Florida. The petition sets forth sworn statements from four of the prosecution's witnesses who have recanted their testimony and new evidence that speaks to Green's innocence, including eight sworn affidavits from key alibi witnesses who say they saw Green far away from the scene of the crime at the time of the murder. The petition also presents two sworn affidavits from former Brevard County Sheriff's first responders to the murder scene who state that the evidence they witnessed the night of the murder pointed to someone else, and not Crosley Green, as the person who shot Chip Flynn. Pro Bono lawyers from the Washington, D.C.-based law firm of Crowell & Moring LLP working with local counsel have filed the petition for Green in the 18th Judicial Circuit Court of Brevard County, FL.

"Crosley Green has spent 20 years in prison for a crime he did not commit, and he deserves a new trial. Eight witnesses put him at a different place at the time of the crime, and the prosecution's star witnesses have since recanted their testimony that led the way to his false conviction. Crosley deserves his life back, and the Flynn family deserves to learn the truth about the tragic loss of their loved one," said Crowell & Moring LLP partner Keith J. Harrison, lead attorney for Green.

In 1990, Green was found guilty of first degree murder of Flynn and sentenced to Florida's death row. After a decades-long battle to appeal the sentence, Green was released from death row in 2009 and re-sentenced to concurrent terms of 17 years and to a consecutive term of life without eligibility for parole before 25 years on convictions related to the incident.

Green steadfastly maintains his innocence and hopes that a new trial will lead to his exoneration. The petition includes affidavits from four of the prosecution's witnesses, including a new affidavit from Laymen Layne, who state that their testimony at the time of trial and a post-trial hearing was untrue and that Green never confessed to the murder. All four state that they offered testimony against Green to help themselves in connection with unrelated cases.

The filing also includes sworn affidavits from former officers of the Brevard County Sheriff's Office who, as first responders to the scene, state that another individual, not Crosley Green, was the initial prime suspect in the murder based on their crime scene observations. The petition also provides seven new affidavits (eight in all) of eyewitnesses who corroborate Green's alibi, and it sheds new light on DNA and other critical evidence.

Robin M. Maher, director of the ABA Death Penalty Representation Project, recruited the firm for the matter and has been closely following developments in the Green case. "The stellar team from Crowell & Moring has done absolutely Herculean work on the case and has given Mr. Green real hope for justice," she said. "His case deserves careful consideration by the courts going forward as he works to prove his innocence."

Lead counsel for Green are Crowell & Moring partners Keith J. Harrison and Robert T. Rhoad, and associate Stacie B. Lieberman. Local counsel for Green is D. Todd Doss of Lake City, FL.

Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, Anchorage, London, and Brussels. Visit Crowell & Moring online at http://www.crowell.com.

Contact:Nicole Quigley
(202) 624-2849
nquigley@crowell.com

SOURCE Crowell & Moring LLP