exodus SUMMER 2018 • ISSUE XXI IPNO Welcomes New Executive Director Jee Park became IPNO’s new executive director on June 2, 2018. Jee joined IPNO in January 2017 as senior attorney for policy from Orleans Public Defenders (OPD) where she was its deputy district defender. In 1998, Jee became exposed to the many senseless cruelties and injustices of the criminal justice system working for Equal Justice Initiative (EJI) in Montgomery, Alabama. The lessons she learned from her death row clients and their cases, and the compassion and strengths she witnessed in her clients have long motivated Jee to fight for a justice system worthy of its name, a system that does not repeatedly and consistently fail to protect the innocent but poor. “I am humbled by this opportunity to lead IPNO. The organization continues to free the innocent and advocate for meaningful and lasting change in the criminal justice system and we have proven ourselves to be a major player in criminal justice reform. Our cases clearly demonstrate how wrongful convictions happen and what we must do to prevent them,” said Park. “All of our clients are victims of a combination of inadequate defense resources, racial discrimination, poor policing practices, misconduct by prosecution or defense, inaccurate and unreliable forensic evidence, and a cursory process driven by an overburdened system. I am honored to be working alongside of IPNO’s smart, hard-charging, dedicated staff to continue fighting these challenges.” - continued on page 12
Malcolm Alexander, Bobbie Jean Johnson and Gerald Manning FREE! Read more inside. 2018 BOARD OF DIRECTORS
Michael W. Magner (Chair) Judy Perry Martinez Partner Of Counsel Jones, Walker, Waechter, Poitevent, Simon, Peragine, Smith & Redfearn Carrere & Denegre, LLP New Orleans, Louisiana New Orleans, Louisiana Ileana Ortiz Frank X. Neuner, Jr. (Vice Chair) Navigator/Spanish Interpreter Managing Partner EdNavigator After 12 years at IPNO, staff attorney Kristin Wenstrom joined the Louisiana NeunerPate Center for Children’s Rights (LCCR) as senior staff attorney for their Campaign Herschel E. Richard, Jr. Lafayette, Louisiana to End Extreme Sentencing for Youth. We are grateful for Kristin’s unwavering Of Counsel dedication to our clients and for her years of hard work to free so many of our Michael Friedman (Secretary) Cook Yancey clients like Jerome Morgan. We are proud of her and know she will continue to Co-Owner Shreveport, Louisiana bring light into dark places. Pizza Delicious New Orleans, Louisiana D. Majeeda Snead Clinical Professor IPNO welcomed two new staff members this year: Devon Geyelin joined John A. Nolan (Treasurer) Loyola University College of Law as an investigator fellow in February and Kiah Howard joined as a senior John A. Nolan, CPA LLC New Orleans, Louisiana investigator in May. They both come with years of demonstrated commit- New Orleans, Louisiana ment of working for poor, condemned prisoners and for racial justice. Donald Wayne Washington Melody Chang Partner A warm welcome to our Summer 2018 Interns: Benjamin Boggs (Case Western Student Jones, Walker, Waechter, Poitevent, Reserve University School of Law), Emily Cannon (Louisiana State University), Haley Carrere & Denegre, LLP Johnson (Howard University School of Law), Tevin Lashley (Jesuit High School of Hon. Stanwood R. Duval, Jr. Lafayette, Louisiana New Orleans), Thuy Le (Tulane University Law School), Kennadi Robinson (New Of Counsel Orleans Charter Science and Mathematics High School), Laurel Sheridan (Tulane Duval, Funderburk, Sundbery, Jason R. Williams University Law School), Kelli Slater (Tulane University Law School) and Zack Struver Richard & Watkins APLC Councilmember-At-Large (Columbia Law School). Houma, Louisiana New Orleans City Council New Orleans, Louisiana Thank you to two volunteers who have made things happen since Robert Jones January: Katie Knafler, who has been conducting legal research, Client Advocate and Missy Kroninger, who assisted with the gala, silent auction Orleans Public Defenders and more. New Orleans, Louisiana A huge thanks to Lyft, the ride-sharing company, for donating ride credits to IPNO which has helped our investigators pick up This newsletter reports on IPNO’s activities in and out of court so that our documents and get our car-less clients to important appointments. supporters and members of the public may understand what we do. Any information about an open case that is contained in this newsletter is also New Orleans Jazz and Heritage Festival donated tickets to IPNO contained in the public court record of the case. clients this year, some of whom have never attended. Thank you New Orleans Jazz and Heritage Foundation for continuing to Client Greg Bright with support IPNO and provide some fun for our clients! Jazz Fest tickets
Bernard Noble, who was originally sentenced to 13 years for two joints of marijuana was released on parole in April. Mr. Noble’s case demonstrates the stark racial Mission: disparity of drug sentencing laws as applied to white and black people Innocence Project New Orleans (IPNO) frees innocent, life-sentenced prisoners. and how different states treat marijuana usage. While some states We support our clients living well and fully in the world after their release. We are legalizing and profiting from marijuana sales and use, Louisiana advocate for sensible criminal justice policies that reduce wrongful convictions. stripped Mr. Noble of his dignity and liberty. Mr. Noble had been a long-time client of Jee Park from Orleans Public Defenders As of May 2018, IPNO has freed or exonerated 32 innocent clients. and she continued to represent him until his release.
Photo Courtesy of Mollie Walton Corbett 2 ipno exodus | www.ip-no.org Summer 2018 | ipno exodus 3 With New Law, Louisiana Ushers in Eyewitness Identification Reform As exonerees Jerome Morgan, Robert and instructing the eyewitness that the mistakes and wrongful convictions to secure incorporating many of the procedures Jones, Kia Stewart, Malcolm Alexander, perpetrator may or may not be in the lineup. their support. In Louisiana, 14 out of 15 DNA advocated by IPNO in the legislation. Reginald Adams and Henry James Mr. Alexander, who was wrongly convicted exonerations involved mistaken identifica- Soon after, IPNO and Sen. Bishop sat down looked on, Gov. John Bel Edwards on of rape and served nearly 38 years in prison tions. Two of the men exonerated were with LDAA Director Pete Adams, LSA rd May 23 signed into law a bill aimed at before he was exonerated this January, sentenced to death. Early on, many legislators Director Michael Ranatza and representa- preventing wrongful convictions caused hopes Act 466 will prevent others from offered slim odds for passing an identification tives from the Louisiana Association of by eyewitness mistakes. The legislation, experiencing what he painfully endured. law in one year saying “the politics were not Chiefs of Police and the Louisiana State Act 466, will give Louisiana one of the “My line-up was unfair. I was the only one in our favor.” Regardless, IPNO persisted, Police to collaboratively draft the bill’s country’s most progressive laws on shown to the witness twice. Each time she reaching out to both progressive and language. When the bill received 45 green eyewitness identifications. picked me, she said she was unsure. If police conservative decision makers about why cards in support from distinguished and Sponsored by Sen. Wesley Bishop, had to follow this law back then, I might not this bill was necessary and timely, holding concerned community members when D-New Orleans, Act 466 mandates police have been wrongly convicted,” he said. over 30 meetings with legislators, giving it was presented to the Senate Judiciary officers conducting eyewitness identifica- four community presentations from New Committee C, its passage was secured. Act 466’s journey to becoming law began Orleans to Shreveport, speaking to the tions to use procedures which have been last fall, when IPNO staff and an advocate Louisiana now joins 19 other states that shown to reduce misidentifications, Louisiana Legislative Black Caucus and even have passed laws aimed at reducing the from the Innocence Project met with addressing the Louisiana District Attorneys including ensuring that the administrator legislators and leaders of the law enforcement likelihood of eyewitness misidentification. conducting the procedure does not know Association (LDAA). After meeting with Act 466 went into effect on May 23rd, and community to educate them about the far IPNO, the Louisiana Sheriff’s Association the identity of the suspect in the lineup too prevalent nexus between eyewitness law enforcement agencies must have new (LSA) voted in March to adopt a model policy policies in place by January 30, 2019.
4 ipno exodus | www.ip-no.org Summer 2018 | ipno exodus 5 IPNO Holds Groundbreaking NOPD IPNO Seeks Accountability Training Symposium Last year Robert Jones was exonerated The difficulties of Nearly 50 New Orleans Police Department (NOPD) commanders and supervisors, after a 25-year ordeal in which prosecutors holding prosecutors as well as supervisors from police departments around the country, attended a committed misconduct from the moment accountable are illus- groundbreaking two-day symposium hosted by IPNO and the NOPD in March. they indicted Mr. Jones all the way through trated by a recent de- The event, which emerged from a partner- Bill Brooks, psychologist Nancy Steblay, to their unsuccessful 2015 effort to have cision of the Louisiana ship with the NOPD and New Orleans City Charlotte-Mecklenburg Police Major Mike the Louisiana Supreme Court reinstate Attorney Disciplinary Council President and IPNO board member Smathers, veteran District of Columbia his conviction. Based on the misconduct Board resulting from a Robert Jones Jason Williams and organized by IPNO detective Jim Trainum, and police uncovered during its representation of Mr. complaint filed by a Photo courtesy of Olivia Grey Pritchard Senior Counsel and former Director Emily investigations expert Kim Rossmo, focused Jones, IPNO attorneys have requested former IPNO attorney based on misconduct Maw and Staff Attorney Kia Hall Hayes on the science of eyewitness identifications, that the Office of Disciplinary Counsel he learned of while securing Michael with support from Paralegal Kara Kurland, police best practices in investigations, investigate three of the prosecutors Williams’ exoneration. Despite clear included presentations from nationally- common investigative pitfalls which often who appear most responsible. While evidence of the prosecutor withholding recognized experts on police best practices. lead to wrongful arrests, implementing IPNO hopes these efforts will bring evidence from the defense and presenting The event was made possible with financial police reforms, and solving cold cases. Only one attorney has ever been disciplined for prosecutorial support from the City of New Orleans and The symposium evolved out of an existing Entergy, Inc. and is believed to be the first misconduct in Louisiana and he only received a suspended partnership between IPNO and the NOPD sentence despite the gravity of his misconduct. such event of its kind in the nation. that began in 2016 to train detectives to After opening remarks from Councilman achieve accurate convictions and reduce the accountability in this case, typically, false evidence and arguments, the board Williams, Superintendent Michael Harrison risk of wrongful convictions and has trained prosecutors in Louisiana are not held found no misconduct occurred. The board and Mayor Latoya Cantrell, the event nearly 300 detectives. accountable for their misconduct. Only stated it was being asked to judge “the one attorney has ever been disciplined conduct of a young prosecutor that occurred began with powerful testimony from Ronald The symposium was well received by Cotton, who was wrongly convicted of both attendees and presenters, and the for prosecutorial misconduct in Louisiana 20 years ago.” It made no mention of the rape, and Jennifer Thompson, the survivor NOPD has expressed interest in building and he only received a suspended fact that the reason the issue arose now who mistakenly identified him. Chief on the symposium to further position sentence despite the gravity of his was because the prosecutor’s misconduct Michael Gauldin, the former detective the department as a national leader in misconduct. While not every unconstitu- remained hidden for decades while Mr. who investigated the crime, then spoke innovative and creative ways to tackle law tional conviction involves prosecutorial Williams was wrongfully in prison. In the to detectives about mistakes he made enforcement challenges. We commend the misconduct, in Orleans Parish alone there face of the prosecutor having presented which resulted in Mr. Cotton being NOPD for partnering with us in hosting this have been at least 45 cases in which evidence that was disproven by the mistakenly identified. Other presentations event and hope the event will inspire other prosecutors have unconstitutionally failed evidence he was hiding, the board blindly from Norwood, Massachusetts Police Chief departments across the country. to disclose evidence to the defense. It accepted the prosecutor’s assurance that, is hard to believe that only one of these regardless of what he had said falsely, he had cases involved personal misconduct by not intended to present false evidence. This the prosecutor. case is in the process of being appealed.
archives of injustice In summer 1979, a group of Despite such hostility, attorneys and law student interns Team Defense’s efforts from Team Defense worked to helped spare Mr. Ruffin defend Larry Ruffin from being the death penalty. sentenced to death for a crime he Tragically, it was not had been coerced into confessing until after Mr. Ruffin to. Their efforts to ensure a died that the DNA fair process so aggravated the evidence that proved presiding judge that he made the his innocence came following threat: to light.
6 ipno exodus | www.ip-no.org Summer 2018 | ipno exodus 7 case updates John Floyd wins in the Court of Appeals, Malcolm Alexander Exonerated but the Case Continues IPNO was privileged to have represented—along with our friends at Innocence Project—Malcolm Alexander, who was exonerated and freed on January 30th of this John Floyd was freed on June 22, 2017, when Judge Sarah Vance of the U.S. Court year after almost 38 years of wrongful imprisonment. IPNO Attorney and former for the Eastern District of Louisiana ordered that he be released from Angola. Director Emily Maw was his local counsel, along with Vanessa Potkin and Barry Scheck However, the Orleans Parish District Attorney’s office (OPDA) has continued to of Innocence Project. fight to re-impose a life sentence upon him. Mr. Alexander was arrested in 1980 for a 1979 rape. The only evidence against him was On April 6, 2018, the United States Court of Appeals the eyewitness identification of the victim, who was attacked from behind and whose for the Fifth Circuit affirmed the district court’s identification four months after the crime the police twice labeled as “tentative.” The decision to grant John Floyd a Writ of Habeas jury never heard that she was tentative and Mr. Alexander’s trial lawyer didn’t bother to Corpus. The three judge panel unanimously agreed give an opening statement, closing argument or present any witnesses that Mr. Floyd had suffered a miscarriage of justice. in his defense. Last year, results of DNA testing excluded him as the A majority also found that the police had unconstitu- donor of the pubic hairs that the perpetrator left in the bathroom tionally hidden evidence from Mr. Floyd at trial and where the victim was attacked. As a result, on January 30th, Judge that no reasonable judge could decide otherwise. In June Berry Darensburg ordered his conviction vacated and its ruling, the court observed that the OPDA does his immediate release from custody and Mr. Alexander not object to Mr. Floyd “being permanently released walked into the arms of his waiting family two hours later. from custody” and “challenges the actual-inno- Mr. Alexander’s trial took less than a day from beginning cence ruling only because of the precedent it sets.” th to verdict. Decades after he was wrongly imprisoned, Nevertheless, even after the April 6 ruling, OPDA he learned about DNA testing and sought the physical did not abandon its efforts to send Mr. Floyd back evidence for testing. He was initially told the evidence to prison for the rest of his life. To further its efforts, it had been accidentally destroyed but because he, and has assigned yet another prosecutor to the case, the th his attorneys from the Innocence Project, were so 10 since IPNO began litigating on Mr. Floyd’s behalf. persistent in asking for further searching, the evidence OPDA has stated there is “no new information custodians of Jefferson Parish notified him when they presented that wasn’t already in possession of found some remaining hair evidence unexpectedly defense counsel during the trial.” This ignores the stored somewhere else years after they had believed it fingerprint comparison results that were hidden destroyed. It was that evidence which exonerated him. in police files at the time of trial, the witness who was living in Germany and never spoke to defense There are many lessons to be learned from Mr. Alexander’s case: how easily an counsel and the results of DNA and psychological eyewitness misidentification can cause an innocent person to be wrongfully tests that used techniques that did not even exist convicted and imprisoned for life; how critical it is to have standards and at the time of Mr. Floyd’s trial. OPDA moved the adequate resources for defense lawyers; how cursory process is readily Court of Appeals to take the unusual step of acceptable as justice for poor people and people of color in trials across the having the entire court rehear the case, but the Court rejected this request. At the region; and how crucial it is to have evidence preservation requirements. time of writing, OPDA’s public position is that it is still deciding whether to try to take IPNO’s advocacy efforts touch on all of these areas. We will continue to work with law the case to the U.S. Supreme Court. enforcement and the legal community to implement the very best practices across Meanwhile, Mr. Floyd continues to move on with his life. When his case was argued in the region. IPNO advocates for robust standards for defense lawyers and more and the Court of Appeals in December, he was able to attend a hearing in his case for the stable funding for public defense. and IPNO has pushed for many years for better first time as a free man. He dressed in a smart suit for the occasion and was excited evidence preservation laws across the state, while working with individual evidence to have a courtroom full of people there to support him. Back on the farm where he custodians to improve their practices. lives, Mr. Floyd has begun raising chickens, many of which are named after IPNO staff In the meantime, Mr. Alexander is now living with his new wife, Brenda (the mother of members. He also raised two ducklings until they were big enough to be released his adult son) and spending time with his family and dog, Inn (short for Innocent), who onto a local lake. For the first time in decades, he was able to spend Christmas and he adopted and raised from a puppy while in Angola. Easter with his family this year. As he goes about his life, Mr. Floyd continues to wait for his case to be over. We are delighted that Mr. Alexander is joining the ranks of the exonerated in Louisiana.
8 ipno exodus | www.ip-no.org Summer 2018 | ipno exodus 9 case updates
Gerald Manning—Free at Last After 41 Ye ars in Prison for Crimes He Did Not Commit Gerald Manning walked out of Angola interrogation that lasted a span of 33 arrested and convicted with just a bag of his belongings into hours, and was serving a life sentence for the wrong person. The the arms of his long-time attorney Kristin one of the crimes to which he confessed. victim’s family members Photo by Kerry Myers Wenstrom, formerly of IPNO and now a There was no other evidence connecting have been fierce advocates senior staff attorney at Louisiana Center Mr. Manning to that crime but for his for Mr. Manning’s release for Children’s Rights (LCCR), on June 19, confession. No physical evidence; no and exoneration. IPNO 2018. Cat Forrester and Kara Kurland eyewitnesses; simply nothing else. requested DNA testing from IPNO were also present to welcome When Mr. Manning confessed, he on physical evidence Gerald Manning walking out and embrace Mr. Manning into freedom had just turned 18 years old, had not recovered from the scene, after nearly 41 years of imprisonment. finished high school, and was diagnosed and the results excluded Mr. Manning freedom so that he may spend the last Mr. Manning entered prison as a teen as intellectually impaired and highly as a possible contributor to the DNA years of his mother’s life with her, Mr. and emerged as a 59-year-old man. suggestible. It is not surprising that the material recovered from the murder Manning agreed to accept a plea offer to Mr. Manning will be living in Monroe, police were successful in extracting a weapon and the victim’s clothing. nonviolent charges. Louisiana, with his mother and is eager false confession from Mr. Manning, using Despite victim and community support, to visit Seattle, where his cousin and manipulative techniques that included and physical evidence supporting Mr. Please support brother live. showing him pictures of the crime scene Manning’s innocence, it took a decade to Bobbie Jean Johnson and leading him to the “correct answers.” Mr. Manning’s case came to IPNO’s finally secure his freedom. When Kristin and Gerald Manning attention in 2009 when Ouachita District IPNO learned during the course of left IPNO to join LCCR in March of this through their wish lists Attorney Jerry Jones asked IPNO to its investigation that the rape/murder year, she continued her representation look into his case because he had victim’s family believed Mr. Manning to of Mr. Manning to maintain unbroken, and fundraisers at: concerns about his guilt. Mr. Manning be innocent and the very community consistent pressure on the district www.ip-no.org/support/ had confessed to several crimes he impacted by this horrific rape/murder attorney to resolve the case. To shortcut help-our-clients/ could not have committed during an in 1977 also believed that the state further litigation and to regain immediate
In 1977, Ms. Johnson was only a teenager when she was arrested and charged Bobbie Jean with first degree murder for the death of a New Orleans shopkeeper, Arthur Samson. After a trial that lasted only a few hours, Ms. Johnson was sentenced Johnson Walks to life in prison, narrowly avoiding a death sentence. IPNO began investigating her case in 2015 and uncovered significant new evidence that pointed to her Free After innocence. Ms. Johnson was represented in court by our colleagues at the 41 Years Promise of Justice Initiative, Cecilia Kappel and Caroline Tillman. On February 8, 2018, Ms. Johnson’s conviction and life sentence were vacated In February, IPNO welcomed by Orleans Parish Criminal District Court Judge Robin Pittman and she was home Bobbie Jean Johnson re-sentenced to be released immediately. Ms. Johnson has since settled with her after she spent almost 41 years sister Betty outside of Atlanta, Georgia. At the time of her release, Ms. Johnson wrongfully incarcerated. was one of the longest serving female prisoners in the state of Louisiana.
10 ipno exodus | www.ip-no.org Summer 2018 | ipno exodus 11 policy corner
Unanimous jury referendum on the ballot in November Louisianans will get a historic opportunity verdict referendum to Louisiana voters creating laws to disenfranchise their vote juries who did not agree with the guilty November 6th to decide whether a split on November 6th, and if successful, the (poll taxes, literacy requirements, etc.) verdict, and yet the law permitted and jury vote of 10-2 is enough to condemn Louisiana Constitution will be amended and to dilute their dissent on juries. Their implicitly encouraged their dissent to a person to prison for the rest of their to require a unanimous jury verdict (12-0) openly racist intent and desire became be disregarded and silenced. life. For 120 years, Louisiana has been to convict and sentence a person to life the rule of law in Louisiana. What the Louisianans have a chance to take a the only state to allow its citizens to in prison. white delegates did in 1898 continues firm stand against its racist history and to have far reaching, racially disparate demand that the prosecution proves In 56% of cases in impacts on communities of color. each and every one of their cases beyond Louisiana in which Extensive research by The Advocate a reasonable doubt before depriving a the defendant has shown that more black defendants person of their freedom and liberty. was later proven are convicted by a non-unanimous jury innocent after than white defendants, and black jurors are twice more likely than Please spread the word, come out to decades in prison vote on November 6th, and vote in were wrongful white jurors to vote against the majority. Also, because favor of the unanimous jury verdict convictions based constitutional amendment. non-unanimous juries tend to on non-unanimous To volunteer, please fill out a form jury verdicts. deliberate for a much shorter Graphic by Dan Swenson period of time, the quality of at https://tinyurl.com/juryvote. Advocate graphic by Dan Swenson the juror discussion suffers and be convicted and sentenced to life in The genesis of Louisiana’s non- likely contributes to innocent people prison after a jury trial in which jurors had unanimous jury verdict is directly tied being wrongfully convicted. In 56% serious doubts about the accused’s guilt to post-Reconstruction when white of cases in Louisiana in which the and disagreed with the majority verdict. delegates to the 1898 Constitutional defendant was later proven innocent A similar practice has been in place in Convention gathered with a specific after decades in prison were wrongful Oregon for 80 years. State Senator JP aim to “perpetuate the supremacy of convictions based on non-unanimous Morrell carried and passed a bill this the Anglo-Saxon race in Louisiana” by jury verdicts. In other words, there session that brings the unanimous jury limiting the political power of blacks by were jurors on these innocent men’s
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“IPNO searched to find a leader whose talent, motivation and skills would enable us to lead the organization into its next phase. We are thrilled that Jee is the new director of IPNO,” said Michael Magner, chair of IPNO’s board of directors. The board and staff are excited to work with Jee to continue the core work of the organization—getting the wrongly convicted out of prison—while working with our allies around the region for smarter criminal justice policies to reduce wrongful convictions. Many thanks to the American Bar Foundation for honoring IPNO and IPNO Board Member Judy Perry Martinez at the Louisiana Fellows Reception on May 29th.
12 ipno exodus | www.ip-no.org Summer 2018 | ipno exodus 13 from the outside from the inside
INTERVIEW WITH MALCOLM ALEXANDER Q: You were exonerated a little less than six months ago. What was it like on that day? Hola todo el mundo de A: Actually walking out that door, believe me, was like walking into another todas las naciones unidas. environment, like crossing over. Mi nombre es Darvin Q: What kept you going the almost 38 years you were in prison? Mauricio Castro Santos A: Knowing I was innocent, that somebody more than just me was going to also y soy nacido y criado en believe I was innocent. Finding people and organizations that believed in my el país de Honduras. Nací innocence. I have to say, being actually innocent made a world of difference. en Trujillo Colon. Vine Art by Darvin Mauricio Castro Santos Q: What have you been up to since then? a este país, EU, como A: I’ve been living one day at a time, emigrante a trabajar muy duro en hoteles, Hello everyone in all of the united nations. trying to make a future as an old man. restaurantes, y en las construcciones para My name is Darvin Mauricio Castro Santos. I was I’ve got one grandson, his name is ayudar a mi familia y darles una vida mejor. born and raised in the country of Honduras. I Malcolm, and my son also is named Pero, como muchos Latinos emigrantes en was born in Trujillo, Colon. I emigrated to the Malcolm. and there is Brenda, my este país somos muy discriminados y en el US to work hard in hotels, restaurants and son’s mother. When I was in prison, she 2009 fui arrestado con un otro muchacho, construction in order to help my family and give never kept my son from me. They’ve y me sentenciaron por ser latino, me them a better life. always been with me, but when I was sentenciaron a 50 años en prisión por un However, many Latino emigrants in this country in the institution, I wanted to focus on Malcolm, Malcolm & Malcolm robo a mano armado, el cual no cometí, are discriminated against. In 2009, I was arrested my case, and I sort of let her go. I didn’t want Brenda to be confined with me, in solo por ser latino y no hablar inglés, y no with another young man, and they sentenced the same way I was. I chose to let her go and live her life and hoped that there me for being Latino. They sentenced me to 50 would be an opportunity for us one day. tener familia aquí en este país. years in prison for an armed robbery that I did Ahora llevo casi nuevo años preso, Q: So has that opportunity come up? not commit, just because I am Latino and do pagando por este delito que no cometi. A: Oh yes, we got married on March 26th. not speak English and do not have family in Gracias a Dios, que Él es justo y mira la this country. Q: That’s amazing! injusticia que me hicieron en este estado A: Oh yes, she was there the first day at the de Louisiana, permitió que estas buenas Now I have spent almost nine years in prison, courthouse and she has been there ever since. personas de este proyecto de inocencia paying for this crime that I did not commit. I give We haven’t been apart since that first day, New Orleans tomaron mi caso y ellos thanks to God, who is just and sees the injustice except when I’ve traveled to speak to groups. estan ayudandome en todo. Ellos están that they did to me in the state of Louisiana. I love her. probandolos a ellos que soy una persona God permitted the good people of Innocence Project New Orleans to take my case. They are Q: So what else do you do with your free time? inocente y con un buen corazón y honrado y muy trabajador. helping me with everything. They are proving A: Well, I’ve been working as a handyman, doing that I am an innocent person, a person of good carpentry, painting and all that and then I like Ha sido muy duro para mi solo y sin mis heart who is honorable and very hardworking. to go down to the lakefront, to the movies or to familiares, que están muy lejos de este país. Malcolm & Brenda-first meal after release take my dog Inn for a walk in the park. It has been very hard for me, alone and without Esta es mi petición a todos los países que my family, who are very far from this country. Q: How is Inn? (Malcolm got his dog Inn, short for Innocent, as a puppy in prison.) se unan todos y que no estén en guerra This is my petition to all of the countries: they A: She enjoys every moment of freedom like I do. She deserves it too. I told her when peleando unos con otros, que seamos unite and do not make war against one another; we were in the institution, “One day you’ll be free right along with me.” She made todos una nación unida, como hijos de un that we all be one united nation, as children of one year on April 22nd. They say that makes seven in dog years, but I’m not sure if solo creador. Y que apoyen a mi situación one single creator. That they help my situation I believe that. y ser justos conmigo para que se haga and are just with me so that justice is done in my Q: Anything else you’ve got planned? justicia en mi caso y en muchos más, y que case, and in many others, and support projects A: We’re gonna have a big party for my son’s 49th birthday and for me and Brenda’s apoyen a proyectos como este que hace like this one, which brings justice where there is marriage in a few months. Other than that, I would like to go to Biloxi to go to the justicia donde no hay justicia. no justice. beach. I like swimming. Atentamente, Cordially, Q: Thanks for talking with us, Malcolm. Have a great summer! Darvin M. Castro Santos Darvin M. Castro Santos
14 ipno exodus | www.ip-no.org Summer 2018 | ipno exodus 15 IPNO THANKS ITS RECENT DONORS, ESPECIALLY OUR SUSTAINING DONORS & THOSE WHO HAVE GIVEN $250+. TO BECOME A SUSTAINING DONOR, VISIT WWW.IP-NO.ORG/DONATE.
INDIVIDUALS Stephanie Green & David Olasky FOUNDATIONS & Fresh Johnson, a member of our Young Professionals Committee, John Adcock & Ezekiel Vanderhoek Collette Oldmixon BUSINESSES Mercedes Montagnes Susan & Hervin Guidry Joseph Olivier Baptist Community organized The Wish List Holiday Soiree in December. It was a Rachael Agnew Pauline F. Hardin Ileana Ortiz Ministries / Tina S. fabulous party where each guest brought an ornament to hang on Caroline & Barry Ancelet Julie & Seth Harris Jill Pasquarella Clark, Esq. Katy Ancelet Michael Harris & Dana Pecoraro Budget Bytes the tree, and for each ornament, Royal Engineering donated $10 Anonymous Karen Buck George Pelecanos Café Istanbul to be used to purchase items from IPNO’s Amazon wish lists for Ron Aquino Emily Hartnett Judy Perry Martinez & Chesapeake Legal our clients. Thanks for supporting our clients! You can find these Jerome Morgan at the Nancy Aronson Jan M. Hayden Rene Martinez Counsel, LLC Christal Badour Edward & Alice Hayes Chantelle & Criminal Case Review wish lists at ip-no.org/support/help-our-clients/. Wish List Holiday Soiree Fred Banks, Jr. John Herbert Steven Pierre and Consulting Erin Bannister Susan & William Hess Jacob Pitts Euclid Records IPNO was invited to a screening of the film13th at the Whitney Plantation, and client Henry & Suzanne Bass Emily & Taysom Hill Linda & Steve Plotnicki Frank and Denise Robert Jones and special investigator Bill Aquino participated in a panel reflecting on Ruth Bloch Jancy Hoeffel & Steve Singer JJ & Jill Polk Quattrone Foundation Helena Blundell Dr. & Dr. Eric Hoffman Olivia Pritchard & Gigsy LLC the film, slavery and mass incarceration. Anneshia Booker Susan Hoffman Christopher Speer Hari Seldon Foundation In February, IPNO was invited to Café Istanbul twice for special events: first, a book signing Blair Boutte Jane Hogan Emilie Rhys Fund Elizabeth Brant Duane Hollis Congressman Cedric Hirt/Rodman Trust of Vengeance by Zachary Lazar where The Graduates, a formerly incarcerated women’s Kyle Brennan Hon. Calvin Johnson Richmond John Fluevog Shoes LTD. performance group, also appeared and performed; then again for an open mic benefiting Blair G. Brown Chief Justice Bernette Andy Rittenberg & Longue Vue House and Tom Buffaloe Johnson Amy Lit Gardens Corp. IPNO organized by People Building Communities. Richard & Donna Burger Katrina Johnson Mark Rochon & Louisiana Bar Foundation Lourdes Burke Cecelia Kappel Trenticosta Page Kennedy Louisiana State Charitable IPNO staff and clients attended the Innocence Network Mr. Elwood F. Cahill, Jr. John Keife Amanda Rosenzweig Campaign Conference in March in Memphis, Tennessee. Conference Elisa, Celeste, David & Alfredo Kemm Louie Roussel, III Lyft Jeffrey Cahn Amy Kennedy Donohoe & Ms. Rosemary Ryan Microsoft attendees participated in a march from the conference Nandi Campbell Mike Donohoe Walter Sanchez, Esq. Mobile Pediatrics location to the Civil Rights Museum to commemorate the John & Beth Cartland Abdul Khan Janet Sanders Morris Bart, LLC 50th anniversary of Dr. Martin Luther King’s assassination Mr. M. Hampton Carver Charlie King & Barry Scheck NeunerPate Katherine Cecil Dana Caldwell King H. Bruce & Jacqueline New Orleans Jazz & on the eve of an organized labor strike on behalf of black Helene Cerise Tom Klotz Shreves Heritage Festival sanitation workers. The theme of this year’s conference Chloe Chetta Hannah Knipp Caitlyn Silhan NOLA For Life Scott Clugstone Larry Kressley D. Majeeda Snead Rice Voelker Fund for IN Conf: Kendra Anderson, Bobbie Jean was Race and Wrongful Convictions, and more exonerees Mike Cockrell & Ben LaBranche Will Snowden & Recovery Johnson, Robert Jones than ever before attended with their families. Scott Jennings George Lambert Varuna McKendall Rittenberg Family J. Gordon & Frank E. Lamothe Julia & Chris Spear Foundation On April 21st, two local businesses recognized IPNO Gretchen Cooney Denali Lander Susan Spector Robyn’s Nest with their generosity, raising thousands of dollars for Donatello Council Carole Landry Russell Spitzer Satsuma Kaye N. Courington Leslie Langhetee Miltiades Greg A. Stathakis Shake Sugary us. We were the beneficiary of shirt sales from Record Kennon Crockett Luke Largess Ralph & Kathleen Stephens Sideways Designs Day at Euclid Records, and received a portion of Flozell Daniels Sarah & Zachary Lazar Scott Sternberg SIMCOR Luisa Dantas Denny LeBoeuf Ann Stevens Southpaw Creative sale proceeds from John Fluevog Shoes. In May, the Dan Demole Rep. Walt Leger, III Brian Richard Stoler & Stella Jones Gallery Royal Emporium Market at Oleander on Royal Street George & Catherine Lemann Elizabeth Bisesi Jardina Stumptown Coffee Milly Denegre Fund Sandra Levick & John M. Lizabeth Talbott & The Capital Group donated a portion of its sale proceeds to IPNO. James G. Derbes & Sullivan Galen Brown Companies Charitable YPC member Marie Kerrin tables at John Fluevog Shoes Jan W. Katz S. William & Frank & Kristen Terry Foundation in honor of John Dias Elizabeth Livingston Hon. & Mrs. Ulysses Catina Boggs IPNO friends and supporters again reached unprecedented new heights during Hon. Stanwood Duval & William Long Thibodeaux The Cannery Mrs. Janet Daley Duval Anna Matejcek Caroline & Dirk Tillman The Joint GiveNOLA Day in May by giving generously to IPNO. We not only made our goal Judith Engelberg Robert Maurer James W. Tucker The Kabacoff Family but smashed it. Thanks to the Greater New Orleans Foundation for this annual John Enochs Marie & Douglas McKeige Michael Verkaik Foundation Patrick & Mary Grace Marquest J. Meeks Daniel Walters The Marcus Fund fundraising event that brings the nonprofit community and their supporters together. We Fess-Verges Robin Mercer Paul Waterhouse The Margaret & Daniel could not do this work without our generous and consistent supporters. Meg Fidler Trey Monaghan Robert Weiss & Loeb-Third Point Kathleen Fischer Michelle Moore Smith Delia Anderson Foundation IPNO attended and hosted an informational table at the wonderful Wednesdays in the Paul Fleming, Jr. Elizabeth Miles Mrs. Mildred Weissman The Pinckelope Square event at Lafayette Square in May, and talked to dozens of people about our work. Jason Flom Steve Milliken Stacey Wexler Foundation Catherine Forrester Elridge Moore Richard Wilkof Urban League of Greater Ruston Forrester & Nancie Munn Harley Winer & New Orleans Danielle Ziff Laura Murphy Esther DeJong VMWare Foundation IPNO AROUND THE WORLD Allison & George Freeman Peter Neufeld Philip Woollam WDSU-TV We are based in New Orleans, but IPNO has been all over the world Holly & Jonathan Frank X. Neuner, Jr. Lawrence Young Wes Kroninger this year. From client and board member Robert Jones accepting a Friedman Bev & Ray Nichols Ashqar Zaab Photography medal from the Paris Bar Association in Paris, France, to client Malcolm Mike Friedman Emily Nixon Michael Zeneg Whitney Plantation John & Elizabeth Futrell John Nolan Mary Zervigon Museum Alexander speaking to students in Lafayette, Louisiana, we are taking Margaret R. Gallo Jim O’Connell Michael Zomber the message of IPNO everywhere. Email [email protected] if you’d like to Elaine Garvey Alanah Odoms-Hebert & Ms. Sallie Gouverneur Dr. Corey Hebert have IPNO come your way. Robert Jones in Paris 16 ipno exodus | www.ip-no.org Summer 2018 | ipno exodus 17 In June, IPNO unveiled our new web site and online store thanks to Sideways Designs. The site provides visitors with in-depth information on what we do, who we are, how we take cases and how to support IPNO and our clients. Have a look around at www.ip-no.org.
Special thanks to all of our friends who have photographed our clients over the years including John Crawford, Robert Warren, Karlas Powell, Olivia Grey Pritchard and Jenny Bagert.
SUPPORT IPNO AS A BENEFICIARY IN YOUR WILL, TRUST, OR INSURANCE POLICY
Your future gift will Name: Innocence Project New Orleans support our efforts Address: 4051 Ulloa Street, New Orleans, LA 70119 to free innocent, EIN/Tax ID: 72-1501261 life-sentenced prisoners, support their living Sample Bequest Language: well and fully in the “I hereby give, devise and bequeath to Innocence world and advocate for Project New Orleans, located at 4051 Ulloa Street, sensible criminal justice New Orleans, LA 70119, ($______specific dollar policies that reduce amount or ______percent of my residuary wrongful convictions. estate), to further the mission of Innocence Project No immediate New Orleans.” donation is necessary. You can make your Once you have completed arrangements with your gift anonymous or, lawyer or financial planner, please send a copy of with your permission, the section of your will or trust that details your we can publicly charitable plan. This will enable us to express our acknowledge your thanks and acknowledge you for your generosity and commitment. Here is commitment to our work. Of course, we understand information you will your circumstances may change and you can change need to provide to your planned gift at any time. your attorney to name the Innocence Project For more information please contact: New Orleans as a Jené O’Keefe Trigg beneficiary. 504-943-1902 or [email protected]
18 ipno exodus | www.ip-no.org Summer 2018 | ipno exodus 19 Please consider supporting IPNO and our clients when you shop—
Amazon.com enables our When you shop with Amazon supporters to help IPNO and Smile, 0.5% of your purchase is our clients simply by shopping— donated back to IPNO. Simply and you have already raised go to smile.amazon.com, choose thousands of dollars for our “Innocence Project New Orleans” work and provided thousands and every time you shop on the of dollars’ worth of necessities to site IPNO will receive 0.5% of your our freed clients. purchase.
IPNO has set up wish lists for our freed clients and for our office. Please consider purchasing much needed items by visiting: www. ip-no.org/support/help-our-clients/
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