In the year following Sims trial, Graves and his family received more than $22,000. Legal Services NYC Website. For more than two decades, Sims has tried to overturn his conviction in the appellate courts, without success. Make your contribution now and help Gothamist thrive in 2023. Tandy Lau is a Report for America corps member and writes about public safety for the Amsterdam News. In New York, most employers and agencies can only deny you a job or license because of your criminal conviction if theres a direct connection between the work and the offense or if giving you the job or license would involve an unreasonable risk to people or property. Many of these convictions were secured in the late 1980s and early 90s, when misplaced and biased prosecutorial and police responses to substance abuse, poverty, and racial tension within communities, led to a surge of questionable arrests and convictions. Montclair State University. Last fall, the Queens district attorney moved to dismiss 60 such cases. So its easy to sweep things under the rug, its easy to rubber stamp things., Sims was 24 when he was convicted. For some victims, the impact of the wrongful conviction may be comparable to or even worse than . Although he did not pull the trigger and was actually nowhere near the shooting, he was charged under New York's controversial felony murder law and sentenced to 71 years to life. New York, NY 10013 (Tribeca area) $73,868 - $78,030 a year. Over the two-year grant cycle, up to 60 law students will receive the training required to identify the causes of wrongful convictions and develop the vital skills to litigate them, while the volume of cases the WCU can review will expand. 212-577-3300. Gothamist is a website about New York City news, arts, events and food, brought to you by New York Public Radio. All members of the Legal Aid community have a shared responsibility to support and comply with policies and protocols to protect the health and safety of our . Our work is guided by science and grounded in anti-racism. 2023 New York Public Radio. Try our guided search" | translate }}, {{ 'Get the free One Degree App' | translate }}, {{ 'Use our apps to find and save resources 24/7' | translate }}, {{existingAffiliation.organization_name}}. If you are looking to donate, get involved, or get assistance, find and connect to your local Network organization here. 8th Annual Questioning Forensics Conference - legalaidnyc.org Queens DA Melinda Katz Moves To Expunge 60 Convictions - Gothamist Meet the Newest Network Staff Attorney - Parole Revocation Defense Unit (PRDU) The WCU is also currently collaborating with private firms and criminal justice advocates, such as Jeffrey Deskovic and Derrick Hamilton. In another case, Hale prosecuted Vladymir Campos, 22, for the 1997 murder of 16-year-old Felix Gonzalez. After spending 17 years behind bars for a crime he didn't commit, Brooklyn man James Davis is finally coming home. Collins was wrongfully convicted in 1995 in Brooklyn; his own investigation led to his exoneration in 2010. Upon retrial, Hunt was offered a sentence of time served if he would admit guilt. His then-wife, Kisha Sims, said she expected that he would be acquitted and had been planning a coming home party for him. Citizens of society put their trust in the courts to keep communities safe. Socio-Legal Studies | University of Denver At The Legal Aid Society our Civil, Criminal Defense, Juvenile Rights, and Pro Bono practices work tirelessly in and out of thecourtroom to defend our clients and dismantle the hidden, systemic barriers that can prevent them from thriving in New York City. Crime and delinquency 32: 518-544; Huff C, Rattner A & Sagarin E 1996. Coopers appellate criminal defense attorney and civil attorney is Tom Hoffman, the same person representing Sims. Suite 111 530 West New York Street . September 16, 2020 / David Brand / Communities, . 2023 The Legal Aid Society. Innocence Network There is nothing that you need to do to make this happen. Elizabeth Felber - Supervising Attorney - Wrongful Conviction Unit This grant will provide us with vital support to expand our work as we train law students to reverse wrongful convictions and decarcerate our prisons. . One eyewitness, who knew both Sims and Graves, called police and told them that she saw Graves, not Sims, running out of the restaurant with a gun in his hand, according to a report by Graves fiancee. Riley was incarcerated for his role in a 1988 drug deal that ended in a homicide. All Rights Reserved, Wrongful Convictions, Appeals, Clemency & Sealing, Empowering People with Disability & Health Issues, Lifting the Voices of Children & Adolescents, Supporting Survivors of Violence & Navigating Divorce, Discrimination Based on Arrest & Conviction Records, What You Need to Know About Marijuana Legalization in New York, What You Need to Know About Marijuana Expungement, What You Need to Know About Loitering & Prostitution Records, What You Need to Know About Sealing Your Criminal Convictions, What You Need to Know After Your Convictions Have Been Sealed, What You Need to Know About Discrimination Based on Arrest and Conviction Records. In that case, officers were found to have planted evidence, falsified records and rewarded informants with drugs. CAB also prepares pardon applications for clients who have rehabilitated themselves but are facing deportation. A few months before Graves testified, the Brooklyn DAs office filed a Violation of Probation and scheduled a hearing on the matter for May 10, 1999, the same day he testified at Sims trial. They almost do more damage in terms of eroding peoples trust and confidence in the system.. In a trial that Sims and his attorneys say was marred by false testimony and improperly withheld evidence, Sims was convicted and sentenced to 25 years to life. All Rights Reserved. Then, he was unmasked as a quack. Under a recent New York State law (CPL 160.59), some people may be able to get their criminal convictions sealed. One witness for the prosecution, who was under arrest for an unrelated attempted murder, repeatedly told police he had no information on Coopers alleged involvement in the murder, according to Coopers civil complaint. Another 78 cases on the prosecutors list arose from two detectives, Edward Martins and Richard Hall, who pleaded guilty in 2019 to charges that they released an 18-year-old woman from custody in exchange for sexual favors. How the Media Helps (and Hurts) Wrongfully Convicted Prisoners - HuffPost Experienced Litigation Support Specialist with a demonstrated history of working in the legal services sector. Research shows challenges to wrongful convictions have extremely low success rates; even defendants who were later exonerated by DNA evidence had their appeals rejected in more than 90 percent of cases, one study. According to Sims and his attorneys, Hale committed additional misconduct when he failed to disclose that the Brooklyn DAs Office was paying for Graves and his family to enter a witness relocation program. c/o The Legal Aid Society From 2014 until Thompsons death in the fall of 2016, Brooklyns unit exonerated 21 people. A 1990 graduate . If you have a maximum of two convictions (one of which is a felony) that are more than 10 years old, you may be eligible to apply for sealing and representation in your application. Then, two days later, he told the court that he had, in fact, ordered the polygraph and helped formulate the questions, according to a transcript of the proceedings. Speakers have ranged from scientists and academics to practicing attorneys. Phone. They should be an entirely independent agency, totally separate from any DAs office., A lot of the prosecutors know each other, he said. Nearly 200 convictions linked to discredited NYPD cops dismissed at Before the murder, he said, I had everything going for me., I remember looking forward to coming home because my sons would hear me in a hallway, he said. Darren D. Martin - Brooklyn, New York, United States - LinkedIn Wrongful Conviction Day: 24 hours dedicated to those with a lifetime On February 2, 2021, the New York legislature repealed the loitering for the purposes of prostitution statute, commonly called the Walking While Trans Ban. This means loitering for the purposes of prostitution is no longer a criminal offense in New York, and the records of past convictions should have been sealed automatically. Shaun Cameron - Policy and Project Officer - LinkedIn 2023 If you were convicted of a criminal offense as a result of having been sex or labor trafficked, you may be eligible to have your record sealed. Brooklyn DA Eric Gonzalez is searching for a replacement for Hale, and defenders are urging him to hire someone from outside the DAs office to lead the unit. Founded in 1876, the Society provides a full range of civil legal services as w. It hires more graduates from CUNY Law than any other law school. he Legal Aid Society Wrongful Conviction Unit, Consumer Information (ABA Required Disclosures), Enough is Enough: Combating Sexual Misconduct, Muhammad Faridi 07 Appointed Civilian Representative on NYPD Oversight Committee, The End of Exile: CLEAR celebrates Akram Djumaevs win 7 years in the making. It is my belief Mr. Graves will indicate he in fact saw the defendant shoot and kill the deceased in this case. The Legal Aid Society, one member of the 2021 group, urged the city's district attorneys to continue reviewing potentially wrongful convictions "on an ongoing basis and with full transparency . Students from the clinic have teamed up on our cases and the forensic scientists routinely consult on forensic science issues. The loss of that evidence could affect cases and people The Legal Aid Society represents who may have been wrongly convicted. Sims with his sons, Antoine and Anthony Jr., in 2015 | Keisha Sims. The group Families of the Wrongfully Convicted, along with lawyers from the Legal Aid Society, argued that the Conviction Review Unit established in 2014 under the late Brooklyn DA Kenneth . The U.S. Department of Justice has granted CUNY School of Law, in partnership with The Legal Aid Society, nearly $500,000 to establish a project that will review and litigate select wrongful conviction claims of New Yorkers incarcerated in state prisons. The Legal Aid Society | LinkedIn The next day, the jury acquitted Sims of intentional murder and convicted him of depraved indifference murder. Alfonzo Riley, a paralegal in TheLegal Aid Societys Wrongful Conviction Unit, was recently profiled by The Appeal. The Legal Aid Society is among the first state public defender organizations working in-house to explore our clients lives through video to convey their character, aspirations, traumas, difficulties, and often, transformation. Inside the restaurant, Sims says he saw Graves take out a small shotgun, point it at the cashier, Li Run Chen, and shoot. We cannot stand behind a criminal conviction where the essential law enforcement witness has been convicted of crimes which irreparably impair their credibility, said District Attorney Melinda Katz in a statement. Im sure that some day all of it will be exposed and many people will have their day in court again.. The Brooklyn review has been underway since last year and came after the offices review of cases involving a former narcotics detective, Joseph E. Franco, who was charged with perjury and other offenses in connection with his undercover work and testimony for prosecutors. February 27, 2023 - News Podcast - Work Comp Training, Online Courses After his testimony, however, the Brooklyn DAs office dropped the violation of probation. The Defenders Clinics new grant-funded wrongful conviction project will build on the expertise developed through its parole and clemency work, add forensic evidence investigation to its post-conviction practice and deepen a long-standing partnership with The Legal Aid Society. Part of that advocacy has been to work collaboratively with Conviction Integrity Units in the District Attorneys Offices. When Anthony Jr. was about eight years old, Sims recalled, he told his father that he would get Graves for what he had done. Sims and Kisha divorced in 2018, but say they have remained close friends. Enough is Enough: Combating Sexual Misconduct | Notice of Non-Discrimination | Legal Notices | CUNY Copyright | Text Only View | Alfonzo Riley, pictured above, worked with the Defenders Clinic on his clemency application; he was granted clemency from Governor Cuomo in 2018 after 30 years in prison. CRUs are tasked with investigating convictions secured by their own officeoften the colleagues, friends and supervisors of CRU staff. The Worker Justice Project, an initiative of The Legal Aid Societys Criminal Defense Practice, combats discrimination faced by workers with arrest or conviction records living in New York City. The CRU will contact the convicted . Two Legal Aid attorneys are also vital members of the Defenders Clinic team: Erin R. Tomlinson 10 as a Fellow and Visiting Attorney, and Bahar Ansari 06 as an adjunct professor. White Plains, NY 10601. CLEAR offered assistance [], Stay connected: Facebook | Twitter | Instagram | LinkedIn, Human Resources | Information Technology |Communications & Marketing | Consumer Information (ABA Required Disclosures), Plan an Event at CUNY Law | Student Handbook | CUNY Law Giftshop Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily. Not only was Anthonys life taken and he was ripped from his family, but the victim never got justice, Keisha told New York Focus. Hale disclosed none of this to Coopers defense counsel, according to Coopers civil complaint. As a result, the Unit has been able to take on more clients, reinvestigate their cases and advocate for their exoneration and release. From 2014 until Thompsons death in the fall of 2016, Brooklyns unit exonerated 21 people. Wrongful Convictions | National Institute of Justice | translate }}. A new review by the CRUunder a different directormay be Sims best chance at exoneration. | translate }}, {{ "Add or edit any resource" | translate }} wcu@legal-aid.org. (c) Comstock, Thinkstock, royalty-free ( see reuse policy ). If you are innocent and have exhausted all appeals for a conviction in New York City, write to The Wrongful Conviction Unit and request our questionnaire to be considered for representation: The Wrongful Conviction Unit Get familiar with some legal terms and acronyms you might hear like appeal, adjournment, petition, jurisdiction, deposition, and affidavit. 4 The National Registry of Exonerations, "Basic Patterns" (Nov. 2016). This is why our office consented to a hearing that would allow Mr. Sims to argue his claim of innocence before a judge, including a new contention, not made in previous motions, that his good friend was the alleged perpetrator and then conspired to frame him., But at trial, Sims defense counsel said that Graves, not Sims, was the perpetrator. New York Focus Visit Us. Mr. Danese was convicted of disorderly conduct in 2009 after he arrested a teenage boy on Halloween and abandoned him half-naked in a desolate Staten Island marsh. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. The 378 cases mostly low-level drug and traffic offenses relied on the work of 13 police officers who were later convicted of crimes. Convicted but innocent: wrongful conviction and . Founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University, the Innocence Project works to free the innocent, prevent wrongful convictions, and create fair, compassionate, and equitable systems of justice for everyone. Hale had also falsely told Campos trial counsel that the witness had never recanted. By the numbers, there are 39,683 incarcerated persons in New York State prisons with many of them serving lengthy prison sentences. Individuals who believe they qualify for clemency should apply online with the Governor's Office. Conference themes in the past have included how to litigate a forensic DNA case, the PCAST report, and the NIST Mixture Foundation Review. The collaboration between the Defenders Clinic and The Legal Aid Society's Wrongful Conviction Unit will help the next generation of social justice attorneys develop vital lawyering skills while increasing access to post-conviction legal representation. {{ "Empowering you to find what you need" | translate }}, {{ "It's always 100% free" | translate }}, {{ 'Search for resources' | translate }} >, {{ 'Learn how to use One Degree' | translate }} >, {{ "One Degree amplifies your work" | translate }}, {{ "View tools & resources" | translate }} >, {{ "We're a 501(c)(3) technology-driven non-profit" | translate }}, {{ 'Learn more about us' | translate }} >, {{ 'Learn about our impact' | translate }} >, {{ 'How do I search for resources on the One Degree app?' Address. The Wrongful Conviction Unit continues to grow in size and outreach since its inception in 2019. The Legal Aid Society | 35,370 followers on LinkedIn. To me that's just an inherent dual loyalty," said Elizabeth Felber, a supervising attorney at the Legal Aid Society's wrongful conviction unit. I think thats a farce, said Collins. Conviction Integrity Unit Queens News Queens Daily Eagle 5 The National Registry of Exonerations, "Exonerations in 2018" (Apr. Wrongful Convictions When he went to prison, his wife, Kisha, brought their children to visit every weekend. Hammurabi's Law-"Eye for an eye mentality"-The king set clear laws to better govern his . From 1990 to 2013, the Brooklyn DAs office was run by Charles Hynes, under whom more than 100 people were wrongfully convicted, in some cases serving decades in prison before being exonerated. All Rights Reserved, Wrongful Convictions, Appeals, Clemency & Sealing, Empowering People with Disability & Health Issues, Lifting the Voices of Children & Adolescents, Supporting Survivors of Violence & Navigating Divorce, City of New York Law School in Queens, New York (CUNY), 8th Annual Questioning Forensics Conference, 18B or Public Defender (Individual Rate) $125, Public Defender (Bulk Rate, 3 or more staff from the same office) $100, LAS Staff & Student Interns/Volunteers Free. | Brooklyn DA. Member Board of Directors Drama Club Feb 2015 - Jun 2022 7 years 5 . Our services focus on providing support to survivors as they re-build after abuse. 199 Water Street New York, NY 10038. James Davis. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. The Cop Accountability Project (CAP) of the Criminal Defense Practices Law Reform and Special Litigation Unit empowers organizations and communities across New York City to hold police accountable for human rights violations. After taking office in 2014, Thompson expanded the Conviction Review Unit, fulfilling a. people from across the country. Wrongful Convictions: How do they Impact Society? The Registry provides detailed information about every known exoneration in the United States since 1989cases in which a person was wrongly convicted of a crime and later cleared of all the charges based on new evidence of . Skip to Job Postings. ), what are the main parts of each system? Sims also says he told all his appellate attorneys that he saw Graves commit the crime; h. is one surviving appellate attorney confirmed this to his current counsel. Beginning in 2021, the NYC District Attorneys offices have begun dismissing our clients cases where the officers involved in the prosecution were convicted of crimes relating to corruption. During DA Gonzalezs tenure, nine people have been exonerated. All Rights Reserved, Wrongful Convictions, Appeals, Clemency & Sealing, Empowering People with Disability & Health Issues, Lifting the Voices of Children & Adolescents, Supporting Survivors of Violence & Navigating Divorce. Wrongful conviction lawyers have submitted the case to the Queens DA's Conviction Integrity Unit. Despite his obligation to correct false testimony by witnesses, Hale did not challenge Graves claims. Under a recent New York State law (CPL 160.59), some people may be able to get their criminal convictions sealed. 2023 The Legal Aid Society. Wrongly Convicted: BK Man Coming Home After 17 Years Behind Bars But this is not enough to protect an applicant to the CRU from an inherent conflict of interest, said Collins, who met Sims twenty-five years ago while they were both incarcerated in New York. In April, the CRU also moved to vacate 90 convictions based on the testimony of disgraced NYPD narcotics detective Joseph Franco. We use cookies to ensure that we give you the best experience on our website. At the time, all we knew was that he had been forced to give up his green card. Since 2015, the DNA Unit of the Legal Aid Society in New York City has held an annual, two-day forensic conference for defense attorneys called Questioning Forensics. Click here to learn more and register. The article has been updated to account for the one exoneration produced in that year. Our work Our Family Law and Domestic Violence Practice provides legal services to survivors of domestic violence throughout New York City. Vacating and dismissing these cases is both constitutionally required and necessary to ensure public confidence in our justice system.. As a result, the Unit has been able to take on more clients, reinvestigate their cases and advocate for their exoneration and release. Emergency services Emergency financial assistance Medical emergency Mental health emergency . Elizabeth Felber, supervising attorney for the Legal Aid Societys Wrongful Conviction Unit, said she hopes the next head of the unit, Hales replacement, comes from the defense community, as has been the practice in other jurisdictions in New York, such as Queens and Westchester. Legal Aid: NYPD must account for evidence destroyed in fire (formerly Bashian & Farber, LLP), from November 2017 to September 2019, where she practiced criminal defense, general civil litigation and trusts & estates. At trial, the States star witness was Graves, who testified that Sims had shot the victim. Lorenzo Johnson served 16 and a half years of a life-without-parole sentence, from 1995 to 2012, when the Third Circuit Federal Court . Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: Interpreter Must Show Evidence of Fees in Same Geographic Area. But this is not enough to protect an applicant to the CRU from an inherent conflict of interest, said Collins, who met Sims twenty-five years ago while they were both incarcerated in New York. New York Appeals Court Gives James Davis New Murder Trial - Law & Crime The audience is typically ~100-200 defense attorneys from around the United States. Seven have been exonerated since his first term began in November 2017, but two others were exonerated while Gonzalez was acting DA. The Legal Aid Society Wrongful Conviction Unit Jan 2021 - Present 2 years 2 months. With a backlog of 100+ potential clients, The Legal Aid Society will hire a Post-Graduate Fellow to work on the project, and the Defenders Clinic will add a paralegal. Canada's long history of processes intended to rectify . Requests for review must be done by letter or email. PDF Anthony W. Batts, Maddy deLone and Darrel W. Stephens As New York Citys primary public defender, The Legal Aid Society has trial offices across all five boroughs, and specialized unitssuch as DNA litigation, forensics, and a Wrongful Conviction Unit (WCU) launched in March 2019. The mission of the Wrongful Conviction Division is to identify and litigate claims of actual innocence in post-conviction proceedings. One of the social forces that convictions uses is the human need for safety and serving justice. Browse Resources . Donate today, Gothamist is funded by sponsors and member donations. Elizabeth Felber, supervising attorney with the wrongful conviction unit at the Legal Aid Society a lawyers organization that represents 11 defendants whose cases will be vacated and dismissed this week noted several collateral consequences of the convictions: loss of public housing, barriers to employment, and deportation.