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SEEKING JUSTICE: Guilty until proven innocent

Law students examine cases to ensure wrongfully jailed go free

In 1995, after spending more than 10 years in prison for a crime he didn't commit, Ronald Cotton was exonerated of rape and burglary in North Carolina. He was found innocent after DNA evidence proved he didn't sexually assault the victim, a woman who had identified Cotton as her assailant.

Cotton's case shocked Lucy Flores, a student at UNLV's Boyd Law School.


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  • After learning about the case, Flores was inspired to right wrongs that occurred in the judicial system and pushed the school at UNLV to start a course that allows students to investigate potential wrongful convictions.

    This year, Flores is seeing the results of her campaign. For the first time, the school will have a handful of students investigating robbery, sexual assault and murder cases with the hopes of freeing innocent people.

    Known as an "innocence clinic," the course has 13 second- and third-year law students examining six cases to start with. The law school is working with the Rocky Mountain Innocence Center, a nonprofit based in Utah that works on post-conviction cases. The Rocky Mountain Innocence Center receives the cases and screens them before sending them to the law school.

    "The fact is there are a lot of innocent people in prison," Flores said.

    In many cases, DNA evidence is used to set people free.

    There have been 220 cases in which people have been exonerated through DNA evidence since the late 1980s, according to the Innocence Project, a New York-based nonprofit.

    The Rocky Mountain Innocence Center is part of the Innocence Project's network of organizations that look at freeing wrongfully convicted inmates.

    Law students across the country are involved in programs similar to UNLV's. Students at the University of Mississippi helped prove a man was innocent of raping and murdering a 3-year-old. Levon Brooks had spent 18 years behind bars and was freed this year, according to the Jackson, Miss., Free Press.

    In August, USA Today published a story highlighting how students at California Western School of Law helped free an inmate who spent more than 20 years in prison after being wrongfully convicted of a fatal Los Angeles carjacking.

    Kate Kruse, professor of law at Boyd and the director of the school's innocence clinic, said students will be reviewing documents, interviewing witnesses and conducting investigations. She said the clinic will allow students to examine the issues that lead to wrongful convictions, such as the use of jailhouse snitches, faulty eyewitness accounts, bad police interrogations and weak forensic science.

    The clinic is withholding the names of the defendants whose cases they are investigating. They are looking at Clark County cases in which the person who was convicted claims innocence, has seven or more years left to serve, isn't represented by an attorney and says there is new evidence. The cases so far range from robbery to murder.

    If the students find enough evidence that a person has been wrongly convicted, they can go to the board of the Rocky Mountain Innocence Center, which could approve the case for litigation and assign an attorney.

    Kruse also said the students could litigate the case.

    Under a Nevada Supreme Court rule, law students who complete 45 credits -- about half the amount needed to graduate -- can represent clients as long as they're supervised by a clinical supervisor or an attorney with five or more years of experience.

    Among other requirements, the students must be certified by the dean of the law school as a student in good standings.

    "We're feeling that we're responding to a need in the community," Kruse said. "Both the human tragedy of someone wrongfully convicted and to help strengthen the bar on post-conviction work. There aren't a lot of people doing this work in the community."

    Contact reporter David Kihara at dkihara@reviewjournal.com or 702-380-1039.

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    Albert Wessel #535933, NJSP P.O. Box 861, Trenton, N.J. 08625 Thank You. wrote on May 24, 2009 07:28 AM: I am currently serving a life sentence in N. J. for a murder and robbery that I did not commit, in what was labeled by law enforcement as a "cold case effort."DNA evidence recovered from the crime scene, which could have possibly linked a suspect, tested negative for my DNA and the only complete forensic investigation excluded me as a possible suspect, and excluded the use of the murder weapon that I was ultimately convicted of using. After spending nearly $80,000 on bail bondsman and attorney fees, I wound up with an advocate who didn't even bother to conduct a minimal pre-trial investigation or do any trial preparation whatsoever. To add insult on top of injury, throughout my trial, instead of sitting and trying to console my crying mother, my lawyer could be found sitting at the prosecutor's table laughing with his feet up. After a 6 week trial , the jury deliberated for less than 4 hours. After which, I was convicted I was convicted of all 8 counts of the indictment. Admittedly, I came from a broken home, had used drugs or alcohol since I was 11 years old, had less than a 7th grade education, and chose a lifestyle which left me vulnerable to such an injustice.However, I have never hurt anybody in my entire life and do not deserve to spend the rest of my life in prison for crimes I did not commit. Since my incarceration, I have earned a High School diploma, and study any legal material I can get my hands on. However subsequent appeals have been misrepresented and frivolous, and I am afraid that I have done too little too late. Any advice or direction would heartfelt and greatly appreciated.


    Denorris Stevens wrote on April 22, 2009 08:05 AM: I spent most of my juvy years in prison for a double rape case that I was never guilty of. My sister Darlene was able with my Lawer David Freedom ( From Winston-Salem N.C ) He was Tyle Carr's (News Guy) Lawer For murder and Drunk Driving. 336-682-7114. I need Help! Because the case is still in the air with way to much unfairness and imcompletion. The man that rape the children that are now adults is still on the streets of Winston where I live. My life is hell because I don't knw how to live for the fact of being judged. The lawyer that I had when this case started years ago (age 15) He is no longer practicing in law. David Freedom tried to help but because I had no money to give of-course I am just like everyone else. If you look at my record it is full of rage and angue, Lack of not be able to get a job for fear of everyone know that I've done time for rape. I have finally gained enough strenghth from with in to ask for help. My family has been very supportive and I do have a foundation that helps me mentally. As a kid I never thought that my life would have turned out this way. My record make seem as though I am threat to the world. I have a son now. I don't want him to be anything like me but love me and that I can show him the love I never got. I hate the way I've lived in and out jails all my life. I will be 32 years old May 8, 1977. I want change,life, freedom from with in and I want this man to be punishied.


    junia shaw wrote on April 04, 2009 10:14 PM: I know someone whose constitutional rights was violated.A person can not plea to aggravation factors only a jury can deceied that.This young man was told if he didn't agree to it he could be faceing life in prison.Many of his constitutionl rights was violated.I have no faith in the North Carolina justic system.I've written Gov.Bev Predue many suggestions about the new law and how I feel the old law would benfit taxyer.There have been six new prisons built in North Carolina and no one seems to care these are people just like we are, they made a mistake.Should they pay for that mistake the rest of their life.Have we simply forgot about them God fobbid.I will keep writting until someone hears. North Carolina Courts,Judges,and Attorneys are corrupt.If you have money you might have a chance.


    vee wrote on January 22, 2009 11:20 AM: i have gotten my husbands case reopened due to prosecution misconduct and judicial discreation,he is innocent ,but what now iv used all our money on attorneys that was ineffective and neglagent ,what happens now that ive reopened the case,im not an attorney and dont want to blow this. any advice


    DARIA MIEDZINSKI wrote on September 27, 2008 09:24 AM: I HAVE A CASE THAT I WOULD LIKE TO TURN OVER TO THE STATE OF CT THAT HAS INJUSTICE WRITTEN ALL OVER IT, JUDICIAL CRIMES CANNOT BE TOLERATED ANYMORE AND THERE ARE SO MANY INNOCENT PEOPLE WHO ARE BEING TORTURED BY THE JUSTICE SYSTEM. THE JUSTICE SYSTEM LIES, THEY COVERUP ALL THEIR MISTAKES AND TREAT YOU LIKE A PIECE OF TRASH. I HAVE NO FAITH IN OUR JUSTICE SYSTEM ANYMORE AS THESE WRONGFULLY CONVICTED VICTIMS CIVIL RIGHTS ARE BEING TAKEN FROM THEM AND IT IS NOW GUILTY BEFORE BEING PROVEN INNOCENT. WHERE ARE THOSE DAYS. THE MEDIA NEEDS TO BRING THIS TO THE PUBLICS ATTENTION AND START SEEING THAT THERE ARE MANY INNOCENT INDIVIDUALS AND THEIR FAMILIES WHO ARE UNNECESSARILY BEING TORTURED AND DENIED THEIR RIGHTS BY THE SYSTEM. PLEASE HELP US VICTIMS. ANYONE KNOW WHO WOULD LISTEN FOR THESE THINGS IN CT AND WHO COULD LISTEN AND REVIEW OUR CASE? ARE THEIR ANY INNOCENCE PROJECTS IN CT ESPECIALLY FOR THE WITCHHUNT OF THIS CHILD ABUSE EPIDEMIC OF BEING FALSELY ACCUSED AND PEOPLES LIVES ARE RUINED FOREVER, NAMES SMEARED, LIVING THRU SITUATIONS THEY SHOULD NEVER HAVE TO ENCOUNTER, THROW THOUSANDS AND THOUSANDS OF DOLLARS OUT THE WINDOW ON LEGAL FEES AND TAXES. DO YOU KNOW OF ANYONE WHO WILL LISTEN AND HELP US? PLEASE ANY GUIDANCE OR HELP WOULD BE SO DEEPLY APPRECIATED. I FEEL LIKE I AM RUNNING INTO STONEWALLS WHEREEVER, WHOEVER I CALL OR EMAIL OR WRITE TO NOONE WANTS TO GET INVOLVED OR KNOWS ANYTHING OF ANY AVENUES WHO HANDLE THESE MATTERS. PLEASE HELP US, THE VICTIMS OF THE 21ST CENTURY WITCHHUNT. I HAVE PAPERS, A DEPOSITION FROM THE SO CALLED VICTIM HIMSELF ADMITTING IT WAS ALL A LIE. PLEASE HELP US!

    THANK YOU


    vee wrote on September 06, 2008 02:06 AM: we need them and more like tthem with the corrupt justice system here in nevada, i would like to turn a case over to them that has injustice, all over it , crimes by our justice system cant go on anymore, people need to make a stand for our civil rights,and for what justice stands for, iv seen more crime committed by the agencys that are supposed to protect, ,no faith left in this justice system here ,


    Tonja wrote on September 05, 2008 06:00 PM: The Advisory Commission on the Adminstration will be hearing a recommendation to the 2009 Legislature to have case study those who have been wrongly convicted thru eyewitness testimony in Nevada. I have asked for this person to be considered for the case study.
    http://nevadacorruptions.proboards83.com/index.cgi?board=wc&action=display&thread=58


    Old Owl wrote on September 05, 2008 04:05 PM: Helenweils,poster---Oh did you hit home with sept 2, comment--PD with Procescution having cocktails discussing case!!! Seeing them sit next to each other before the defendant is brought in--laughing with each other is very hard to take. So dirty this system, we were so unprepared! Parents taught us to trust it!! Fools!. I for one will not go silently into the night! Hopefully I will see the demise of at least a few of the corrupt maggots inside the rotting corpse of our judicial system. These law students are a joy and a gift!


    Old Owl wrote on September 05, 2008 03:47 PM: Poster Indigent---You are so correct in your summation of the ignorant and indigent. Fear and a terror inducing by the PD (who is a junior DA hoping to "click" with the Judge and the Prosecution, see-Judges want barristors they can "work" with, another words-not give them grief, come to easy conclusions, agreements with)The coercion is horrific! These defendants don't know their rights and believe what this PD is saying, if they are in on a sex crime they are embarassed and go along with whatever the PD says, cause they threaten with cameras, exposure "comon take the plea other wise you have to walk out in that court room filled with photographers blah blah--" believe it! This is the way of the PD. Uneduacated and no understanding of the severity of the bargain they have sealed, illeagally gained GUILTY PLEAS!! But it is all hushed, covered up, few win on appeal, they can't get back their guilty plea because no matter how concise and well covered the inmate presents his case---If the corrupt PD won't read it and Judges panel follows suit--what are ya gonna do? Ain't that America! But it's what we have and it's better than other countries and we can still fight to clean out the white washed tombs we call our halls of justice! Get rid of the political familys congesting the whole structure, bring in dedicated to truth new blood, put the Judges under investigation and the Prosecutors for breaking all the rules of State proceedure! Law students rise up and clean out our system it needs to be flushed!! Because the world is watching and our children are on the web and evidence is being uncovered and we want to be proud of a JUST Judiciary!!


    Old Owl wrote on September 05, 2008 03:27 PM: Jabbering over cases just inables the context of the problem to be lost. Plea Bargaining must be abolished. It is only prosecutors and Judges looking to win. Not prosecute guilt, insite the public,give it blood, in order to feed the coming election fund in their favor!A Watchdog system of cameras and recordings needs to be kept in chambers and a clerk must be caused to read the charges and the evidence, the Judge must not be allowed to become the Prosecutor shooting off his mouth and accusations and then when the poor defendant appears before same District Judge at his next appeal, the Judge then spouts that "you, the defendant stood before me and said this and that" When in fact -no the Judge had said those things!! But who is going to buck him and go back to read Page six of transcript Judge!!Why won't you read page 6?? poor devil. Because the Judge took over as prosecutor and in transcript it all NOW will sound like the defendant had made the guilty statements when in fact he never did! But they won't search the transcript, the PD is in colaberation with Judgie, he needs cases, the next one needs nominations!So--poster Sparky-you are correc Nancy Grace is a disgrace a riot monger- Dr.Feelgood thank you it is just that;an attempt to bring awareness. We need to double check proceedures used to induce these "Early case Resolution", "Plea Bargains" Ban them! They trick and coerce the ignorent, they isolate the defendant and lie to them. It isn't as they like to say "they" is Nancy Gracer's! People don't get a break with plea bargains they get their life stolen the public is so naive. Better 10 guilty murderers go free than one innocent man die.


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