In 2016, Sims wrote a letter to the Brooklyn DAs conviction review unit, or CRU, asking them to investigate his case. 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. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. 199 Water Street 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 . . Beginning in 2021, the NYC District Attorneys offices have begun dismissing our clients cases where the officers involved in the prosecution were convicted of crimes relating to corruption. Sims told him he couldnt think like that. Individuals who believe they qualify for clemency should apply online with the Governors Office. When a crime occurs, the person is considered a danger to society. Legal Aid: NYPD must account for evidence destroyed in fire After three days of deliberations, the jury sent a note to the court saying that they were deadlocked. Hale had also falsely told Campos trial counsel that the witness had never recanted. All members of the Legal Aid community have a shared responsibility to support and comply with policies and protocols to protect the health and safety of our . 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. Subscribe to The Legal Aid Society's newsletters for campaign updates, case victories, client stories, and more. SCOTUS Rejects J&J's Appeal of $302M Deceptive Marketing Penalty. When Anthony Jr. was about eight years old, Sims recalled, he told his father that he would get Graves for what he had done. The police department did not respond to a request for comment. 2023 The Legal Aid Society. Wrongful conviction lawyers have submitted the case to the Queens DA's Conviction Integrity Unit. 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. The concerns over his cases sparked the broader review in Brooklyn, as prosecutors began to examine past cases handled by other officers who were similarly charged and convicted of misconduct that was directly related to their jobs. Gothamist is a website about New York City news, arts, events and food, brought to you by New York Public Radio. Anthony Sims case shows the conflict of interest inherent in Conviction Review Units led by former prosecutors, critics say. He said he forgave him years ago, during a family visit. It will be held in-person in NYC on March 23 and 24 at the City of New York Law School in Queens, New York (CUNY). I never got a chance to tell my story, Sims told New York Focus. Read our cookies policies here. When questioned by the trial judge after the witnesss outburst, Hale initially denied any knowledge of a lie detector test. A few months before Graves testified, the Brooklyn DAs office filed a Violation of Probation and scheduled a hearing on the matter for May 10, 1999, the same day he testified at Sims trial. In a statement through his attorneys, he told New York Focus that he thought if he accused Graves in the letter, it would just seem like I was looking for a scapegoat., I wrote in bold letters, I AM INNOCENT, Sims said in his statement to New York Focus. Sims has since remarried, to his junior high girlfriend, Keisha Sims. 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. They should be an entirely independent agency, totally separate from any DAs office., A lot of the prosecutors know each other, he said. 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. Projects, Units, Initiatives Archive - The Legal Aid Society The Legal Aid Society is taking precautions and implementing safety measures to help prevent the spread of COVID-19 and to comply with New York City's requirements concerning Covid-19. Addressing the Impact of Wrongful Convictions on Crime Victims Help with Wrongful Convictions, Appeals, Sealing - The Legal Aid Society Rooms are limited and are available on first come first serve basis. The strength of our criminal justice system depends on its accuracy its ability to convict the guilty and to clear the innocent. New York, NY 10013 (Tribeca area) $73,868 - $78,030 a year. 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. The Legal Aid Society jobs in New York, NY - Indeed The Legal Aid Society Staff Attorney - Parole Revocation Defense Unit Hes now 46. It was based almost entirely on Julius Graves recantation of his testimony in 2002. Copyright 2022 The City University of New York School of Law | 2 Court Square, Long Island City, NY 11101-4356 | Phone: 718-340-4200 Montclair State University. In certain cases, video As a result of harmful changes to immigration law and policy, Legal Aids clients are increasingly unable to access justice before the USCIS and the immigration courts. Email. A new head of the unit, Sims and his attorneys hope, will give his case a fair review. Inside the restaurant, Sims says he saw Graves take out a small shotgun, point it at the cashier, Li Run Chen, and shoot. 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. Last year, a New York Supreme Court judge vacated his conviction and, several months later, the DAs office dismissed the charge. But Graves 2002 statement said that he did not see who shot the victim and did not know who did, but that police had threatened to charge him with Chens murder unless he testified against Sims. Find job postings near you and 1-click apply! 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, Alfonzo Riley Uses His Second Chance to Seek Clemency for Others. In the year following Sims trial, Graves and his family received more than $22,000. 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. The Brooklyn review grew out of the offices investigation of cases involving Joseph E. Franco, a former narcotics detective who was charged with perjury and other offenses. Admission & Aid. This case presents a number of disputed factual and legal issues which are appropriately resolved in a court of law and not in the media, the statement said. Historically, the parole boards routinely denied parole to people who maintained their innocence because they were not accepting responsibility for crimes they did not commit. Last fall, the Queens district attorney moved to dismiss 60 such cases. As a result, the Unit has been able to take on more clients, reinvestigate their cases and advocate for their exoneration and release. Campos was convicted and sentenced to 25 years to life. It reflects a broader push to scrutinize police testimony and a recognition of the catastrophic effects that even misdemeanor convictions can have on people. Sims experience wasnt an aberration. Socio-Legal Studies | University of Denver Conference themes in the past have included how to litigate a forensic DNA case, the PCAST report, and the NIST Mixture Foundation Review. Later, when he tried to recant, investigators with the DAs office told him that the DA would pursue the attempted murder charges if he disavowed his earlier statement. Two Legal Aid attorneys are also vital members of the Defenders Clinic team: Erin R. Tomlinson 10 as a Fellow and Visiting Attorney, and Bahar Ansari 06 as an adjunct professor. He served more than 25 years in prison for a crime he did not commit. The Legal Aid Society will be hosting its Wrongful Conviction Day event over Zoom on Oct. 6. New York Focus Wrongly Convicted: BK Man Coming Home After 17 Years Behind Bars To Jabbar Collins, that conflict of interest makes it imperative that a CRU is led by someone outside the office. Dr. James Grigson: The Man Called "Doctor Death" - Soapboxie Graves testimony was essential for the prosecutions case. Vacating and dismissing these cases is both constitutionally required and necessary to ensure public confidence in our justice system.. (c) Comstock, Thinkstock, royalty-free ( see reuse policy ). {{ '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.' Visit website. Sims attorneys have filed a petition to overturn his conviction, but the judge hearing their case, Danny Chun, has never reversed a conviction during his 16 years on the bench. Previously a reporter for Courthouse News, he has appeared as a guest on NewsNation, NBC, MSNBC, CBS's "Inside Edition," BBC, NPR, PBS, Sky News, and other . Anyone can read what you share. Sims and his attorneys allege that police and prosecutors, including Hale, illegally suppressed evidence of Sims innocence and pressured witnessesincluding Gravesinto making false statements. pay $21,500 to each of hundreds of demonstrators, shows that the Police Department paid $121 million. 8th Annual Questioning Forensics Conference - legalaidnyc.org But the CRUs preliminary review may have been undermined by a fundamental conflict of interest: Mark Hale, who led the unit from its creation in January 2014 until July of this year, was the lead prosecutor in Sims murder trial. Yet, when he appeared at trial, Graves testified that he was in court voluntarily and that he regularly checked in with his probation officer. Find job opportunities near you and apply! He pleaded guilty in 2011 and was sentenced to a prison term of a minimum 37 years. Get assistance overturning a wrongful conviction - The Legal Aid Society DECISION AND ORDER BRENDA K. SANNES Chief District Judge. , the Brooklyn DAs office has claimed that Hale did not review Sims case. They dont want to hurt their friends or make their friends look bad. After taking office in 2014, Thompson expanded the Conviction Review Unit, . The move is part of an expansive effort by prosecutors across the city to review cases, even decades old, that involved discredited police officers. September 16, 2020 / David Brand / Communities, . 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. View Case Acceptance Criteria. If you are looking to donate, get involved, or get assistance, find and connect to your local Network organization here. Yet, when he appeared at trial, Graves testified that he was in court voluntarily and that he regularly checked in with his probation officer. To find out if you are eligible to have a criminal record sealed call 212-298-3120 or email [email protected]. No physical evidence linked Sims to the crime. The justice system can be overwhelming. Jobs; Salaries; Messages; Profile; . 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. The total is expected to rise to 496. Experienced Litigation Support Specialist with a demonstrated history of working in the legal services sector. Im sure that some day all of it will be exposed and many people will have their day in court again.. Christine Bella - Attorney - The Legal Aid Society Wrongful Conviction 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. Read More. Instead, he received a one page rejection letter stating that it would not investigate the case because the evidence that you are asking the CRU to rely on has already been rejected by multiple courts.. Their scientists will collaborate with the Delivering Justice Project to determine the most appropriate DNA testing and analysis. In the Clinics Second Look Project: Beyond Guilt, students work diligently on parole and clemency cases to locate and review court documents and records, re-investigate cases, and prepare motions and advocacy petitions. In April, the CRU also moved to vacate 90 convictions based on the testimony of disgraced NYPD narcotics detective Joseph Franco. His then-wife, Kisha Sims, said she expected that he would be acquitted and had been planning a coming home party for him. Conviction Integrity Unit Queens News Queens Daily Eagle Law Exam Study Prep.docx - Units 1 and 2- Heritage and Criminal Defense Practice Investigative Intern - Summer 2023 Heres what you should know after your conviction has been sealed. | translate }}, {{ 'Find and save resources 24/7 from anywhere' | translate }}, {{ 'Get the free One Degree App. At the time, all we knew was that he had been forced to give up his green card. 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. The Wrongful Conviction Unit continues to grow in size and outreach since its inception in 2019. he Legal Aid Society Wrongful Conviction Unit, Consumer Information (ABA Required Disclosures), Enough is Enough: Combating Sexual Misconduct, Muhammad Faridi 07 Appointed Civilian Representative on NYPD Oversight Committee, The End of Exile: CLEAR celebrates Akram Djumaevs win 7 years in the making. Research shows challenges to wrongful convictions have extremely low success rates; even defendants who were later exonerated by DNA evidence had their appeals rejected in more than 90 percent of cases, one study. The Registry provides detailed information about every known exoneration in the United States since 1989cases in which a person was wrongly convicted of a crime and later cleared of all the charges based on new evidence of . Wrongful convictions have likely always been present in Canada's criminal justice system to some degree. f Case 1:20-cv-08924-CM Document 741 Filed 09/16/22 Page 43 of 43. a. award plaintiffs, and the members of the class they seek to represent, punitive. Record Sealing In statements to the press, the Brooklyn DAs office has claimed that Hale did not review Sims case. To Jabbar Collins, that conflict of interest makes it imperative that a CRU is led by someone outside the office. Nearly 200 convictions linked to discredited NYPD cops dismissed at he did not see who shot the victim and did not know who did. As the Court has obviously seen, I have nobody else that has said that, Hale told the court. Whether it be financially or safety, they are putting themselves in a position of mistrust. Then, two days later, he told the court that he had, in fact, ordered the polygraph and helped formulate the questions, according to a transcript of the proceedings. 40 Worth Street, Suite 606. They almost do more damage in terms of eroding peoples trust and confidence in the system.. Students from the clinic have teamed up on our cases and the forensic scientists routinely consult on forensic science issues. The 60 cases dismissed last fall by Melinda Katz, the Queens district attorney, were based on the work of three former detectives. It has assisted 75 people with parole and clemency applications of which 25 are now home. Wrongful Convictions | National Institute of Justice 5 The National Registry of Exonerations, "Exonerations in 2018" (Apr. Motion to Disqualify Justice Jeffrey M. Winik, with Judicial Notice 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. Many of these convictions were secured in the late 1980s and early 90s, when misplaced and biased prosecutorial and police responses to substance abuse, poverty, and racial tension within communities, led to a surge of questionable arrests and convictions. Phone: 917-661-4500 or 646-442-3600. At his sentencing hearing, he professed his innocence. This wasnt the only leverage the prosecution had against Graves. Legal Resources - MOPD - New York City The mission of the Wrongful Conviction Division is to identify and litigate claims of actual innocence in post-conviction proceedings. 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. Speakers have ranged from scientists and academics to practicing attorneys. 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. Brooklyn Prosecutors Seek to Throw Out Scores of Convictions Simply put, this grant is a gamechanger and will bolster our capacity to screen more cases and exonerate more New Yorkers who were wrongfully convicted, said Elizabeth Felber, Supervising Attorney of the Wrongful Conviction Unit at The Legal Aid Society. It's the daily routine for Elizabeth Felber, Alfonzo Riley and Thomas McCall the trio that runs the Legal Aid Society's new Wrongful Conviction Unit, a small new bureau for New York City . Innocence Network It would be among the largest mass dismissal of convictions in the country, according to data collected by the National Registry of Exonerations. Another 78 cases on the prosecutors list arose from two detectives, Edward Martins and Richard Hall, who pleaded guilty in 2019 to charges that they released an 18-year-old woman from custody in exchange for sexual favors. An early example is the potential wrongful conviction and execution of Patrick Whelan for the 1868 murder of one of the "Fathers of Confederation," Thomas D'Arcy McGee. 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. This document answers many of the questions you may have about the new law. A Manhattan DA Candidate Touts Her Leadership of a Conviction Review Criminology 40(1): 1-18; Huff C, Rattner A & Sagarin E 1986. His testimony was key in 43 of the cases on the Brooklyn list. 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. 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. Strong legal professional with a . CUNY Law was one of 13 recipients of this national competitive bid. | translate }}, {{ "How do I get started with the One Degree app?" Indianapolis, IN 46202. Section II looks at the role cognitive biases play in wrongful convictions. c/o The Legal Aid Society After being in prison for three decades, he was finally granted clemency and released in early 2019. At trial, the States star witness was Graves, who testified that Sims had shot the victim. Legal Services NYC Website. The 60 dismissals announced on Monday stemmed from an initial review of three of those officers arrest records. Each summer the WCU will host two CUNY Law students who will receive paid public interest internships. PHOTO CREDIT: Eagle Photo by Noah Goldberg. Canada's long history of processes intended to rectify . Wrongful conviction and public policy: the American Society of Criminology 2001 presidential address. It was founded in 2012 in conjunction with the Center on Wrongful Convictions at Northwestern University School of Law. Legal Aid has secured a group discount at Aloft Long Island City. Chapter 59.18 RCW: RESIDENTIAL LANDLORD-TENANT ACT