Repeat Performance. 
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Christopher Porco and defense attorney Terrence Kindlon




For our readers unfamiliar with the Christopher Porco case, you can get the details here.

NCJ refers to this case occasionally because of the strange similarities with Erick Westervelt’s case. The latest similarity is Porco’s appeal being denied for the same reasons as Westervelt's.

The other similarities can be seen in the January 30, 2009 NCJ blog entry.

Now, Porco’s attorney, Terrence "Terry" Kindlon, is going right to the top; the New York State Court of Appeals.

Interesting what money can do; Westervelt has none.

This is where the similarity ends.





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Social Stigma. 
Wikipedia describes it as severe social disapproval of personal characteristics or beliefs that are perceived to be against cultural norms. It cites many examples such as mental illness, physical disabilities and diseases such as leprosy. Among others, there is also illegitimacy, skin tone or affiliation with a specific nationality, religion or lack thereof.

It goes on to include the perception or attribution, rightly or wrongly, of criminality which carries a strong social stigma.

Even though leprosy is curable, criminality is not. Leprosy leaves it’s victims with physical scars, whereas criminality leaves mental scars.

The social stigma that takes place in the event that an individual is publicly charged with a crime is permanent. Once labeled, the stigma will never be erased in the minds of many, even if the individual is innocent or the charges are dismissed.

The media accounts are extremely powerful accusations which are sometimes incorrect. Such was the case with many of the accounts of the arrest and accusations concerning Erick Westervelt.

The local media repeated the unsubstantiated information released by the Bethlehem, NY, Police Department about a homicide being committed with a hatchet. Even though that was their speculation at the time and never proven, the stigma will always remain.

At some point in time, Erick Westervelt will most likely be exonerated for a crime that he did not commit. Once the actual truth of his circumstances becomes known and meaningful steps are undertaken to acknowledge his innocence, he will be set free to pick up the pieces of his shattered life.

Unfortunately, the unfairly induced social stigma towards him and his innocent family will always remain; along with the mental scars.






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Getting Serious? 
Is New York State going to move forward and actually implement effective procedures in order to minimize wrongful convictions?

Is there going to be post trial review boards?

To help answer these questions, NCJ will focus on a very serious event hosted by the Albany Law Review that took place today at Albany Law School, Albany, NY. It was the 4th Annual, Chief Judge Lawrence H. Cooke State Constitutional Commentary Symposium.

This year’s symposium, entitled Wrongful Convictions: Understanding and Addressing Criminal Injustice", was conducted by NYS Court of Appeals Chief Judge Jonathan Lippman.

The guest speakers were:

James R. Acker, Ph.D., Distinguished Teaching Professor, School of Criminal Justice, University at Albany, State University of New York.

Hon. Cyrus R. Vance, Jr., District Attorney, New York County.

Amy Bach, Esq., Author, Ordinary Injustice: How America Holds Court.

Saul M. Kassin, Ph.D., Distinguished Professor of Psychology, John Jay College of Criminal Justice and Massachusetts Professor of Psychology, Williams College.

Stephen Saloom, Esq., Policy Director, Innocence Project.

It is evident by the commentaries of the speakers that New York State MUST take action and be a national leader in criminal justice reforms regarding wrongful convictions.

During the period following the panel's presentation, there were several very meaningful comments made by other influential members of the New York criminal justice system. Addressing the panelists from the audience were:

Hon. Kathleen "Kate" Hogan, District Attorney, Warren County, NY and President of the District Attorneys Association of the State of New York.

Hon. Phyllis Bamberger, retired New York State Court of Claims Judge and member of the New York State Bar Association's Task Force on Wrongful Convictions.

Laurie Shanks, Esq., Clinical Professor of Law, Albany Law School and criminal defense attorney.

Another distinguished attendee that was present but did not speak was New York State Appellate Court Presiding Justice Anthony V. Cardona.

Only time will tell if these influential leaders and others, can accomplish the goals of implementing the procedures for handling all criminal cases legally, equally and fairly.

If this gathering of prominent individuals is an indication of positive criminal justice reform, it would be fair to say that New York is getting extremely serious.


You can watch the webcast of the symposium here.





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Sending a message. 
The following is an excerpt from the Bluhm Blog. It is written by Clinical Professor Steven Drizin, Director of the Center On Wrongful Convictions at the Northwestern University School of Law in Chicago. IL.

This groundbreaking lawsuit, however, could force police officers in Albuquerque and elsewhere to change their investigation protocols when it comes to confession evidence. All too often, police view the confession as the be-all and end-all of any investigation. While confession evidence is perhaps the most powerful piece of evidence in a court of law, it is not worthy of this status. Confessions are not per se reliable. They are only as reliable as the evidence which corroborates the confession and any good police department will continue to seek corroboration even after securing a confession. Moreover, confession evidence can be contaminated. To the extent that confession details appear to match the crime evidence, case after case of wrongful convictions have shown that these details are often fed to suspects by police officers through leading questions, showing suspects crime scene photos, and other tricks of the interrogation trade.

Read the entire article here.

Professor Drizin’s article clearly highlights the “shortcut” path that some police agencies take when investigating serious crimes. If this lawsuit is successful, it should serve as warning to all police investigators that there is a consequence for “dereliction of duty” when not corroborating confession evidence. The subject of “corroboration of evidence” has been addressed by NCJ in several previous blog entries; the most recent was on November 6, 2009.

A similar situation to what happened in Albuquerque, NM could possibly occur elsewhere as a result of the wrongful conviction of Erick Westervelt. NCJ has also addressed this subject in previous entries as well and until Westervelt’s case is resolved, the possibility will remain. Of course there is also the possibility that it has already happened.

According to Westervelt, the Bethlehem police detectives failed to corroborate any of the "false" information that he provided during the "confession session". He claims that he was elaborating on the information that they had provided him about an incident that he knew nothing about. To his dismay, he was led to believe that the nature of the incident was merely a fist fight with a guy that he hadn't seen in months. He figured if he told them what they wanted to hear, he could go home.

Police video transcripts indicate that It wasn’t until hours after his "confession" was obtained, that the detectives told him the actual truth about the life threatening condition of the assaulted victim.

Westervelt also maintains that is when he went into a state of shock that rendered him mentally helpless to cope with the situation from that point on. That claim is supported by his depressed physical reactions and muted verbal responses throughout the remainder of the video. Friends and family observers of the televised arraignment noted his "Zombie" like appearance and his limited functionality.

He was under arrest for assault at that time and the criminal charges were upgraded to murder when the victim died the next day.




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The 250th DNA Exoneration Included a False Confession. 
NEW YORK, NY, February 4, 2010 - A Rochester, New York, man who was wrongfully convicted of rape 33 years ago is being exonerated with DNA testing today, in what the Innocence Project said is the 250th DNA exoneration in the United States.

Freddie Peacock, 60, was convicted of rape in December 1976. He was sentenced to up to 20 years in prison and released on parole in 1982. He tried to remain on parole because he thought he would never be able to clear his name if he was released from state supervision. For the last 28 years since he left prison, he has fought to prove his innocence even though he was no longer incarcerated.

Freddie Peacock lived in the same apartment building as the victim, and she made a shaky identification of him as the perpetrator. Barely two hours after the attack, Peacock was arrested and interrogated for about two and a half hours. He initially denied any involvement in the crime, but police claim he ultimately confessed. Peacock told the detective handling the interrogation that he had severe mental illness and had been hospitalized for it several times. In his alleged confession, Peacock could not tell officers where, when or how the victim was raped. He was tried and convicted.

"Freddie Peacock was released many years ago, but he hasn't been truly free because the cloud of this conviction hung over him," said Olga Akselrod, the Innocence Project Staff Attorney handling the case. The Innocence Project is affiliated with Cardozo School of Law. "Nobody in the U.S. who was exonerated with DNA testing has spent this many years outside of prison fighting to prove his innocence. Today, the decades-long nightmare that Freddie Peacock and his family have endured is finally over."

The Innocence Project released a report today, "250 Exonerated: Too Many Wrongfully Convicted," which details each one of the exoneration cases and includes statistics on common causes of the wrongful convictions.

The top three states for DNA exonerations are Texas (with 40), Illinois (with 29) and New York (with 25).

Read the entire news report here.





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The Wrongful Conviction: It Could Happen to Anyone. 
And it did. Almost an identical situation occurred to Erick Westervelt ten years after the wrongful conviction of Alan Beaman in Illinois. Beaman was convicted of murdering his former girlfriend in 1995 which resulted in him being incarcerated for 13 years before being exonerated.

This video highlights the Beaman family’s anguish with the Illinois criminal justice system. Westervelt’s family is still in this mode of "suspended animation" and disillusionment with the New York justice system.

Lets not stop there. A wrongful conviction also deprives the victim’s family of the correct closure by misdirecting their anguish and anxiety toward the wrong individual responsible for their loved one’s death.


It Could Happen to Anyone: The Wrongful Conviction of Alan Beaman








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2010: Ring in the New Year….maybe! 
As we begin this New Year, several associates of North Country Justice have made a commitment to assist Erick Westervelt in locating the professional expertise that he needs in order to prove his innocence.

When NCJ began the inquiry into the background of this case almost two years ago, we had no idea of the complexity or complacency involved. This case was rife with instances that should have rung some loud bells and waved some red flags.

As of the present time, there is still a lot complacency and stigma attached to Westervelt’s situation. What is it going to take to wake up the community and criminal justice system in Albany County as to what happened in this case?

There are many logical questions about the case facts that remain unanswered. Many people read this blog and some have offered assistance to get involved. However, the legal complexity needs to be unraveled and that most likely will require some powerful legal help and money.

From NCJ’s analysis, Erick Westervelt was convicted of a crime that he did not have the opportunity to commit. The jury was presented with a flawed investigation and prosecution along with an unsubstantiated theory. No one realized what had been done to him psychologically that most likely produced a false confession, which was also unsubstantiated.

Some telephone bells need to be ringing this year.





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Actual Innocence Justice Act of 2009 
On October 19, 2009, Senator Eric T. Schneiderman (D-Manhattan/Bronx), introduced bill number S6234 before the NYS Senate entitled the Actual Innocence Justice Act of 2009.

As of this time, there has been no significant action on the Senate bill or the counterpart Assembly bill A9430. Both bills are still in committee.

Interested parties should contact their respective state legislators and express their support for this important addition to the NYS Criminal Procedure Law.


Here are links to the information:

Senate bill:
http://open.nysenate.gov/legislation/ap ... bill/S6234

Press conference on the legislation:
http://www.nysenate.gov/press-release/s ... -bill-exon





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Another living nightmare is reversed. 
BUT, it took a lot of legal expertise, money and time.

Dewey Bozella did the time; all 26 years of it, for a murder that he did not commit.

Being incarcerated in a New York State prison, he had no money and no connections.

In 2007, he asked for help from the Innocence Project and got it.

Here is his story:

http://www.nytimes.com/2009/10/29/nyreg ... .html?_r=1

How many more Deweys’ are there in New York prisons?

Are they going to get the help that he got?

What is it going to take?


Mr. Bozella said that the lesson for others unfairly convicted was to pursue justice against all odds.

“If I’d given up, I wouldn’t be in the position I’m in now,” he said. "There were times I wanted to sit down and cry. I’d say, when does it end? When does it end? Today it finally ended.”






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At last, a ray of hope! 
On November 9, 2009, New York State Supreme Court Justice John Cataldo, New York County, Manhattan, rendered a decision in People vs. Bermudez. Judge Cataldo’s decision not only exonerated Fernando Bermudez and ended 18 years of confinement; it provides a ray of hope for wrongfully convicted inmates in New York State to have their case reviewed by the court based upon a claim of “actual innocence”. When Bermudez's attorneys filed their motion to vacate his sentence (NY CPL 440), they included section 440.10(1)(h), which encompasses an individual's rights under the federal and state constitutions.

This Supreme Court decision is of notable importance to non-DNA cases such as the Erick Westervelt case.

Among others, the NY Times published an excellent interpretation of the decision and is a must read for anyone interested in wrongful convictions.

Here is a link to the article.
http://www.nytimes.com/2009/11/23/nyreg ... cence.html

Judge Cataldo’s Decision:
http://www.nycourts.gov/reporter/3dseri ... _52302.htm

Actual Innocence:
http://topics.law.cornell.edu/wex/actual_innocence





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