legal aid society wrongful conviction unit

He served more than 25 years in prison for a crime he did not commit. When a crime occurs, the person is considered a danger to society. To find out if The Exploitation Intervention Project is able to assist you in having your trafficking-related convictions vacated and the records sealed, contact Leigh Latimer at 646-385-5025 or lelatimer@legal-aid.org. So its easy to sweep things under the rug, its easy to rubber stamp things., Sims was 24 when he was convicted. Member Organizations. Although he did not pull the trigger and was actually nowhere near the shooting, he was charged under New Yorks controversial felony murder law and sentenced to 71 years to life. We seek to be a beacon of hope for those who feel neglected . Yet, when he appeared at trial, Graves testified that he was in court voluntarily and that he regularly checked in with his probation officer. The Innocence Network is an coalition of organizations dedicated to providing pro bono legal and investigative services to individuals seeking to prove innocence of crimes for which they have been convicted, working to redress the causes of wrongful convictions, and supporting the exonerated after they are freed. Hale had also falsely told Campos trial counsel that the witness had never recanted. In court filings and statements to the media, the Brooklyn DAs office has said Hale recused himself from reviewing Sims case. When questioned by the trial judge after the witnesss outburst, Hale initially denied any knowledge of a lie detector test. The 60 dismissals announced on Monday stemmed from an initial review of three of those officers arrest records. . he did not see who shot the victim and did not know who did. He previously worked for WNYC and Gothamist, and has published stories with NPR, ProPublica, Esquire, and The Intercept among other outlets. In statements to the press, the Brooklyn DAs office has claimed that Hale did not review Sims case. This year, our 8th Questioning Forensics is titled A juror, an expert & an algorithm walk into a courtroom: Miscommunication in forensics and will focus on misleading testimony and the role of human factors in forensics. 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. It reflects a broader push to scrutinize police testimony and a recognition of the catastrophic effects that even misdemeanor convictions can have on people. At his sentencing hearing, he professed his innocence. The lawsuit, against the New York City Department of Buildings (DOB), the New York State Department of Homes and Community Renewal (DHCR), and individual landlords, now includes . Brooklyn Prosecutors Seek to Throw Out Scores of Convictions, https://www.nytimes.com/2022/09/07/nyregion/brooklyn-prosecutors-convictions.html. The Legal Aid Society is grateful and honored to partner with CUNY School of Law in this endeavor, and we look forward to making more of a difference in the lives of New Yorkers and communities that we serve.. Sims request to the CRU did not present any of the new claims that his attorneys have included in the current petition to vacate Sims conviction, including evidence of Hales misconduct and eyewitness testimony that Graves was the shooter. Riley also believes that there are many others who deserve the second chance that he received. Mr. Gonzalezs office will seek to dismiss the remaining cases over the next few weeks. To Jabbar Collins, that conflict of interest makes it imperative that a CRU is led by someone outside the office. They dont want to hurt their friends or make their friends look bad. From 2014 until Thompsons death in the fall of 2016, Brooklyns unit exonerated 21 people. Pro Bono Scholar, Wrongful Conviction Unit at The Legal Aid Society 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. When he was convicted, she told New York Focus, she thought that was the end of my world., In 2013, controversy over Hynes tactics helped Kenneth Thompson defeat Hynes. Defendants offered guilty pleas in 34 exonerations and gave false confessions in 24 cases. Any of the other testimony [] wouldnt really matter unless I can get [Graves].. Im sure that there are hundreds of other cases just like mine, Campos wrote to New York Focus from prison. New York, NY 10013 (Tribeca area) $73,868 - $78,030 a year. New York, New York, United States . According to Sims attorneys, Hale never disclosed this information to the defense. At a virtual hearing on Monday, Queens District Attorney Melinda Katz successfully petitioned a judge to expunge 60 convictions linked to three NYPD officers who were found to have committed crimes and fabricated evidence in other cases in years past. Emergency services Emergency financial assistance Medical emergency Mental health emergency . 2023 Eric Gonzalez, right, the Brooklyn district attorney, in 2020. We hope you will pursue all available legal remedies, Felber said. For Elizabeth Felber, the director of the Legal Aid Society's Wrongful Conviction Unit, . Under a recent New York State law (CPL 160.59), some people may be able to get their criminal convictions sealed. 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. t the time, his sons were 4 and 5-years-old. Sims and his attorneys allege that police and prosecutors, including Hale, illegally suppressed evidence of Sims innocence and pressured witnessesincluding Gravesinto making false statements. They rejected him. Convicted but innocent: wrongful conviction and public policy. The state has two years to implement the expungement, BUT if you have an expungeable PL 221 offense it is already being suppressed and it should NOT show up on a background check. 4 The National Registry of Exonerations, "Basic Patterns" (Nov. 2016). Westchester County District Attorney's Office. The justice system can be overwhelming. NYS Attorney Elizabeth Sack Felber The Legal Aid Society 199 Water St, New York, NY . It would be among the largest mass dismissal of convictions in the country, according to data collected by the National Registry of Exonerations. At the Legal Aid Society, Riley is part of a team that reviews claims of innocence, working to help to those who were wrongfully convicted achieve the vindication they seek and deserve. Keith Brown makes $142,000 representing his Long Island district and about half a million representing corporate real estate interests. It is my belief Mr. Graves will indicate he in fact saw the defendant shoot and kill the deceased in this case. 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. If you are seeking legal assistance for yourself or a loved one, we encourage you to read through our FAQs and reach out to your local Network organization. The site contains instructions and forms for applying for commutations and pardons. The new head of Brooklyns Conviction Review Unit should be someone with no prior connection to the office, in order to avoid any conflicts of loyalty or unconscious bias, Felber told New York Focus in a statement. New York Focus The collaboration between the Defenders Clinic and The Legal Aid Societys Wrongful Conviction Unit will help the next generation of social justice attorneys develop vital lawyering skills while increasing access to post-conviction legal representation. Its just a sad injustice all the way around.. While working to seek exoneration of our clients, we have successfully advocated for the release of incarcerated clients who have gone before the parole board but maintained their innocence. The partnership between CUNY Law and the Legal Aid Society is symbiotic: The Legal Aid Society increases the capacity of their client services; experienced attorneys learn about clinical teaching and supervision in an academic setting, and students are exposed to the most current and specialized practice approaches. Even if he was not part of the review process, youre still asking a subordinate to make a finding about his superior., Conviction review units, said Sims, should not even be housed in prosecutors offices. Marijuana Legalization in New York is effective as of March 31, 2021. Extra Extra: Did someone shortchange this East Hampton 'honor-system' egg stand? In court, Katz promised that these expungements were just the beginning as her office continues to probe the work of the other officers tied to convictions in Queens. Yet, when he appeared at trial, Graves testified that he was in court voluntarily and that he regularly checked in with his probation officer. This involved evaluating court documents, conducting investigations, presenting to a panel of academic and legal professionals, and devising a new method of archiving documents for the project. 9, 2019). They should be an entirely independent agency, totally separate from any DAs office., A lot of the prosecutors know each other, he said. Visit website. Prior to joining the Legal Aid Society in 2016, David spent 10 years as the Managing Attorney at the Innocence Project, where he supervised attorneys working to exonerate innocent clients and spearheaded the organization's amicus curiae practice throughout the country. Alfonzo Riley, a paralegal in TheLegal Aid Societys Wrongful Conviction Unit, was recently profiled by The Appeal. Our work Our Family Law and Domestic Violence Practice provides legal services to survivors of domestic violence throughout New York City. It will be a measure of justice to make up for the original injustice of your arrest and conviction.. SCOTUS Rejects J&J's Appeal of $302M Deceptive Marketing Penalty. 111 Dr. Martin Luther King Jr. Blvd. Job Description The Legal Aid Society's Parole Revocation Defense Unit has an immediate opening for a Staff Attorney. To find out if you are eligible to have a criminal record sealed call 212-298-3120 or email CaseClosed@legal-aid.org. CUNY Law was one of 13 recipients of this national competitive bid. Their scientists will collaborate with the Delivering Justice Project to determine the most appropriate DNA testing and analysis. 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. | translate }}, {{ 'How do I search on One Degree?' Legal Services NYC Website. However, three days into the trial, Hale told the judge that Graves was nowhere to be found and asked for a material witness order, which allows law enforcement to take a witness into custody to ensure that they appear in court. The hundreds of convictions thrown out in the Bronx involved Mr. Franco. More than half of wrongful convictions can be traced to witnesses who lied in court or made false accusations. 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. In 2013, controversy over Hynes tactics helped Kenneth Thompson defeat Hynes. Of the Brooklyn cases, 331 were misdemeanor convictions and 47 were felonies. "Most of our cases are 20 to 30 years old and the DNA technology has . 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 . Rooms are limited and are available on first come first serve basis. Civil law is the law that controls non-criminal issues.Civil lawsuits generally do not result in jail time or "punishment." Instead, the outcome of a civil case is usually an order from a judge that one person pay another person money to make up for harm that they caused, handling a family law (custody, divorce, etc.) All Rights Reserved. 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. In response to that request, Katz, who formed a conviction integrity unit when she took office as district attorney last year, launched a review and found that 10 of the 22 flagged officers had contributed to convictions in Queens. The Wrongful Conviction Unit continues to grow in size and outreach since its inception in 2019. Get familiar with some legal terms and acronyms you might hear like appeal, adjournment, petition, jurisdiction, deposition, and affidavit. George covers Brooklyn for THE CITY with a focus on criminal justice and housing. . Ideally, the new head should have criminal defense experience, to be able to bring a fresh perspective to the unit.. Today, DNA testing has developed to a point where reinvestigation, reanalysis, or retesting of biological evidence can help prove innocence. 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. It was founded in 2012 in conjunction with the Center on Wrongful Convictions at Northwestern University School of Law. Our goal is to get them each to agree to vacate our clients convictions most of whom are serving life sentences. LAS in the News 03.03.23. One of the social forces that convictions uses is the human need for safety and serving justice. Inside the restaurant, Sims says he saw Graves take out a small shotgun, point it at the cashier, Li Run Chen, and shoot. The Case Closed Project helps people clear their criminal records. Thirty-four of those cases were linked to Detective Kevin Desormeau, who was convicted in 2018 for lying about an alleged cocaine sale in Jamaica, Queens. Section III presents several recom-mendations that research shows will minimize the likelihood of wrongful convictions and that are important for police departments to adopt. Nearly 75% of Defender Clinic students intern at The Legal Aid Society. September 16, 2020 / David Brand / Communities, . Help us raise awareness about the causes, costs, and remedies of wrongful conviction each year on October 2. Rarely did any of the 167 inmates he testified against escape the death penalty. He only implicated Cooper after police told him his charges would be dropped if he cooperated. 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. Legal Aid Society Wrongful Conviction Unit, Iowa State Public Defender Wrongful Conviction Division. It hires more graduates from CUNY Law than any other law school. 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. | translate }}, {{ 'Anyone can search for resources on One Degree by text message' | translate }}, 2023 One Degree, {{ 'a 501(c)(3) nonprofit.' While it may not undo the harm caused to you. Last year, a New York Supreme Court judge vacated his conviction and, several months later, the DAs office dismissed the charge. Provided direct support to NYC Department of Social Services (DSS) Commissioner - former long-time attorney-in-chief of NYC Legal Aid Society - including assisting with City Hall and senior staff . A new review by the CRUunder a different directormay be Sims best chance at exoneration. Pursuant to a federal grant, our WCU has teamed up with CUNY Law Schools Criminal Law Clinic and the Henry Lee Institute of Forensic Science to broaden its ability to represent the wrongfully convicted. The Clinic has had tremendous success in securing parole release and sentence commutation. The loss of that evidence could affect cases and people The Legal Aid Society represents who may have been wrongly convicted. He pleaded guilty in 2011 and was sentenced to a prison term of a minimum 37 years. After three days of deliberations, the jury sent a note to the court saying that they were deadlocked. Sims with his sons, Antoine and Anthony Jr., in 2015 | Keisha Sims. The site contains instructions and forms for applying for commutations and pardons. 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. {{ 'All my collections' | translate }} {{ 'Resources for Pro members' | translate }}, {{ 'Free marketing materials' | translate }}, {{ 'Frequently Asked Questions' | translate }}, {{ 'And x more' | translate: { count: (tagsWithinArea.length - 4)} }}, {{ "Add or edit resources" | translate }}, {{ 'Community Learning Hub' | translate }}, 2023 One Degree, {{ 'a 501(c)(3) nonprofit.' Legal Services NYC. 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. Post-conviction case files will be reviewed to determine which evidentiary item(s) should be initially tested for DNA and/or retested using modern, advanced technologies. 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. No physical evidence linked Sims to the crime. Brooklyn, Manhattan, Queens, and Staten Island Trial Offices, the Homicide Defense Task Force Unit, Wrongful Conviction Unit, Parole Revocation Unit, and the Criminal Appeals Bureau. 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. Mark Hale is not going to fix his faults, he told New York Focus. Heres what you should know to prevent wrongful discrimination. Nobody is currently incarcerated as a result of these convictions, and none of the 13 officers involved in the cases remain on the force. In another case, Hale prosecuted Vladymir Campos, 22, for the 1997 murder of 16-year-old Felix Gonzalez. but did not discuss the year that she supervised the Conviction Review Unit before the Bureau was created. A jury of my peers found me guilty with the evidence that was presented to them and not the true facts., At the time, his sons were 4 and 5-years-old. Alfonzo Riley, a paralegal in The Legal Aid Society's Wrongful Conviction Unit, was recently profiled by The Appeal.. Riley was incarcerated for his role in a 1988 drug deal that ended in a homicide. The NYC health commissioner explains how City Hall plans to support supervised injection sites and other portions of a new initiative to reduce overdose deaths 15% by 2025. Unit Operations of Chemical Engineering (Warren L. McCabe; Julian C. Smith; Peter Harriott) . Wrongful Conviction Clinic. (formerly Bashian & Farber, LLP), from November 2017 to September 2019, where she practiced criminal defense, general civil litigation and trusts & estates. Wrongful Convictions He said he forgave him years ago, during a family visit. 199 Water Street Legal Aid Society (1) The Legal Aid Society (1) Get fresh Wrongful Conviction jobs daily straight to your inbox! Individuals who believe they qualify for clemency should apply online with the Governors Office. | translate }}, {{ "I still have a question. Individuals who believe they qualify for clemency should apply online with the Governor's Office. Sims trial lasted five days. Defense attorneys point to Hales control of the unit as a key reason for the slow pace of exonerations, New York Focus and The Appeal. The next day, the jury acquitted Sims of intentional murder and convicted him of depraved indifference murder. . Earlier this year, Graves told the Daily News that Sims killed the victim. | Brooklyn DA. Course: Educational Leadership and Management (8605) Level: B.Ed (2.5 Years) Semester: Autumn, 2022 Imam Bediuzzaman Said Nursi evaluated the concept of justice in two ways: the positive justice, which is to give the rightholder his due; and the negative justice, which is to discipline the wrongful. 2023 The Legal Aid Society. These convictions continue to hang around people and impact them in all kinds of ways, Mr. Gonzalez said. 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 The audience is typically ~100-200 defense attorneys from around the United States. One of those officers, Richard Danese, was also named several years ago on a list of seven officers whom Brooklyn prosecutors stopped calling as witnesses because of concerns about their credibility. 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 The Wrongful Conviction Unit continues to grow in size and outreach since its inception in 2019. At the Legal Aid Society of Westchester County, Sherry concentrates her practice on Criminal Defense. 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. c/o The Legal Aid Society Conviction Review Unit. The letter asked the offices to review and erase convictions in which the officers played a role. Last spring, several defense and civil rights organizations sent a letter to the citys five district attorneys and the special narcotics prosecutor, identifying 20 police officers who had been convicted of crimes and two others who had engaged in work-related misconduct. After taking office in 2014, Thompson expanded the Conviction Review Unit, fulfilling a. people from across the country. James Davis. Speakers have ranged from scientists and academics to practicing attorneys. 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. CUNY Policy On Sexual Misconduct. Sims told him he couldnt think like that. It was based almost entirely on Julius Graves recantation of his testimony in 2002. In a statement responding to questions sent to the DAs office by New York Focus, spokesperson Yaniv characterized Sims account as novel. wcu@legal-aid.org. 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. The Wrongful Conviction Unit continues to grow in size and outreach since its inception in 2019. Under a recent New York State law (CPL 160.59), some people may be able to get their criminal convictions sealed. On Wednesday, Eric Gonzalez, the district attorney in Brooklyn, asked a state judge to vacate the first 15 convictions under his purview, all of which involved felonies and several of which resulted in prison time, according to the prosecutors office and the Legal Aid Society. Part of that advocacy has been to work collaboratively with Conviction Integrity Units in the District Attorneys Offices. How can I contact you?" 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. {{ "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?' Crime and delinquency 32: 518-544; Huff C, Rattner A & Sagarin E 1996. If the true focus of the CRU is to do justice, you need someone whos not going to get everything from a prosecutorial perspective and look at ways to save the conviction, said Collins, a legal analyst with Horizon Research Services. The Criminal Appeals Bureau prepares commutation applications for eligible clients individuals with excellent institutional records who have served more than half of their minimum term and are more than a year away from parole eligibility. Tainted Testimony. 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. Hale had a record of alleged prosecutorial misconduct dating back to the 1990s. Involved and accomplished at a range of pro-bono initiatives.Skilled in Legal Writing, Advocacy Appeals, Legal research Constitutional Law, Civil law, Criminal Law, Human rights law, Terrorism law, Evidence law, and Alternative Dispute Resolution. Graves only agreed to testify after his fiance was arrested, according to a statement he gave in 2002, which he has since recanted. The Legal Aid Society's Wrongful Conviction Unit represents those wrongfully committed once all appeals have been exhausted. The Legal Aid Society had filed an amended lawsuit to stop illegal apartment layout alterations initiated by the landlords, which threaten to displace long-term rent-stabilized tenants, as reported by Gothamist.. All Rights Reserved. Notre Dame Law Schools Exoneration Justice Clinic is committed to correcting the miscarriage of justice and investigating, litigating, and overturning wrongful convictions. | translate }}, {{ "Why should I sign up for an account?" 2023 New York Public Radio. 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. Paralegal II - Wrongful Conviction Unit at Legal Aid Society New York City Metropolitan Area. Sims has since remarried, to his junior high girlfriend, Keisha Sims. Address. 5. Browse 21 WRONGFUL CONVICTION jobs ($60k-$91k) from companies with openings that are hiring now. The Defenders Clinic at CUNY Law and The Legal Aid Society are committed to addressing the systemic inequities in the criminal legal system so that no one is denied their right to freedom and equal justice. Units 1 and 2- Heritage and Rights and Freedoms Types of public and private law categories Public: Criminal, Consitiutional, Adminastrative Private: Tort, Labour, Family, Property, Contract, Early history of law - who the people were (Hammurabi, Moses etc. 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 . (Yes!)" 155, 156 taxation 148 trade union members, prohibited list of 365 trade unions, against 323, 394, 406 wrongful dismissal see under wrongful dismissal see also compensation declarations 58, 59, 274, 301, 366 agency workers 65 detriment: trade unionism .

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