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					                                                       Volume 1 Issue 4



                                       quarterly


In This Issue

The Hard Numbers 2

Newsworthy
Developments 3

Arizona Justice Project
Summer Fellowships 4

Recent Events &
Guest Speakers 7

Become a
Justice Fellow 13




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                                         DNA Grant UPDATE
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                                                          11


JP quarterly                                                    page 1
 the hard numbers




   255              There have been 255 DNA Exonerations
                    (that is 4 more since our March newsletter)




    3431                        To date, the Justice Project has reviewed 3431 cases
                                for wrongful conviction or manifest injustice




   26
                 There are 26 Justice Project cases under an investigative team review




         10       There are currently 10 Justice Project cases in
                  active litigation



   22          There are 22 summer student volunteers that have dedicated
               their time to the Project


JP quarterly                                                                             page 2
newsworthy developments

                   bill macumber case update:
                   Case featured in the New York Times
                   The case of Bill Macumber is one of the Project’s most enduring and
                   haunting cases of actual innocence. Recently the Board of Executive
                   Clemency issued a unanimous recommendation that Mr. Macumber be
                   released based on the overwhelming evidence that he is probably inno-
                   cent. Governor Jan Brewer inexplicably denied this recommendation and
                   Mr. Macumber remains in prison an innocent man. Virtually everyone who
                   has come to know this case firmly believes in Mr. Macumber’s innocence
                   – that is everyone but Governor Jan Brewer (who refuses to explain her
                   decision to deny relief). This story is so powerful that it has recently been
                   featured on News Channel 5 and in the New York Times. Please visit the
                   link below to read the remarkable article in the New York Times featuring
                   Mr. Macumber’s case and Jan Brewer’s disappointing actions.

                   Link to New York Times article:
                   http://www.nytimes.com/2010/06/15/us/15bar.html?pagewanted=1&hp




                   John allie case:
                   A case of manifest injustice
                   The Arizona Justice Project recently saved John Allie 10 years in a case of
                   manifest injustice. In 1994, Mr. Allie’s sentences were commuted under
                   the Disproportionality Review Act. His sentence of 25 years to life (which
                   made him parole eligible at 25 years) was commuted to a sentence of 25
                   to 35 years. This reduced the maximum time Mr. Allie would have to serve
                   from life to 35 years. His parole eligibility date at 25 years was supposed
                   to remain the same. However, the Department of Corrections incorrectly
                   changed Mr. Allie’s parole eligibility date to 35 years. Despite Mr. Allie’s
                   many attempts to correct the mistake, it remained uncorrected. However,
                   within a few days of receiving the Project’s legal memorandum, the Arizona
                   Department of Corrections agreed that an error had been made and Mr.
                   Allie’s parole eligibility date was corrected. Mr. Allie is now parole eligible in
                   2013 as opposed to 2023. The Project would like to thank Karyn Klausner
                   (ADOC General Counsel) and Cindy Aydlett (Head of ADOC Time Computa-
                   tion) for their willingness to look into the problem and quickly take correc-
                   tive action. The Project would also like to thank Justice Project volunteers
                   Robert Bartels, Cassie Followell and Erin Ronstadt for their dedicated work
                   on this case.




JP quarterly                                                                               page 3
Meet the distinguished recipients of the
aZ Justice project’s summer fellowships
The Arizona Justice Project is honored to have six fellowships this summer. Please meet our impressive
fellowship recipients below. Their time, energy and contributions are invaluable to the Project. If you are
interested in sponsoring a future fellowship, please contact the Justice Project.




                                                            sarah cooper:
                                                            Sarah Cooper is a Lecturer in Law at Birmingham City University, where
                                                            she teaches English Criminal law, American Criminal Procedure and
                                                            Evidence and Perspectives on Capital Punishment. She is also a member
                                                            of the Law School’s Center for American Legal Studies. She is a Bar-
                                                            rister and Lord Denning Scholar of Lincoln’s Inn. During Law School she
                                                            worked as an Associate Researcher for LexisNexis Butterworth’s and after
                                                            being admitted to the Bar of England and Wales she was appointed as a
                                                            Research Assistant at the Community Relations Trust of Jersey (non-profit)
                                                            where she focused on human rights standards. In 2007 she interned at
                                                            Osborn Maledon P.A in Phoenix, AZ, where she lead the ‘Post-Mortem of
                                                            a Wrongful Conviction’ for the case of Ray Krone. She is currently a pro
                                                            bono Lecturer and project leader for charities Amicus and Reprieve, where
                                                            she focuses on ‘manifest injustice’ and innocence. During the summer of
                                                            2010 Sarah will join the Arizona Justice Project as a Visiting Fellow to con-
                                                            tribute towards the analysis and resolution of the Project’s Bill Macumber
                                                            case. She has published in the Amicus Legal Journal and the Jersey and
                                                            Guernsey Law Review and hopes to conduct further research this summer
                                                            that will assist the Project’s caseload.




                                                            aimee butel:
                                                            Aimee Butel received her B.S. in Clinical Laboratory Science from Arizona
                                                            State University and worked as a medical technologist before attending
                                                            University of Arizona College of Medicine. She completed an internship in
                                                            internal medicine at Good Samaritan Regional Medical Center, a residency
                                                            in Anatomic Pathology at St. Joseph’s Hospital and Medical Center, and a
                                                            Forensic Pathology fellowship at the San Diego County Medical Exam-
                                                            iner’s Office. Aimee worked as a forensic pathologist/medical examiner
                                                            for several years before attending Sandra Day O’Connor College of Law at
                                                            Arizona State University. Aimee became interested in the Arizona Justice
                                                            Project when she was approached by a fellow law student and Justice
                                                            Project volunteer who asked for her medical expertise on a case. While
                                                            assisting as a consultant on that case, Aimee realized the importance of
                                                            the Project’s work and wanted to become more involved. Aimee con-
                                                            tinued to consult on other cases during the academic year, and was ulti-
                                                            mately offered a fellowship to work with the Project full time this summer.
                                                            The work the Project does is both educational and rewarding and Aimee
                                                            feels privileged to be part of the team.




JP quarterly                                                                                                                     page 4
Meet the distinguished recipients of the
aZ Justice project’s summer fellowships

                      cassandra (cassie) Followell:
                      Cassie Followell is a May 2009 graduate of the Sandra Day O’Connor Col-
                      lege of Law at Arizona State University. She was admitted to the California
                      Bar in December 2009. Since her bar admission she has been working as
                      a volunteer attorney for the San Diego City Attorney’s Office in both the
                      civil and criminal divisions. Cassie was an invaluable volunteer for the
                      Justice Project throughout her time in law school and worked on many
                      difficult cases. Cassie was excited to be offered a fellowship because she
                      so enjoys the work of the Project. She believes it is very important to be a
                      voice for those who wouldn’t otherwise have one, and also to give people
                      in sad situations hope for a brighter future.




                      sarah Kader:
                      Sarah Kader was born and raised in Arizona, attended the University of
                      Arizona for her undergraduate education, and Syracuse University for law
                      school. She returned home not just because the Eastern cold had left
                      her fingers numb, but because she wanted to make a difference in the
                      community in which she grew up. Sarah was offered a fellowship with
                      the Arizona Justice Project this summer. Working for the Arizona Justice
                      Project has been a real privilege because Sarah has long been committed
                      to helping those without a voice in asserting their rights. In addition to her
                      work with the Justice Project, Sarah volunteers at Community Legal Ser-
                      vices in downtown Phoenix and serves on the Anti-Defamation League’s
                      Civil Rights Committee. Sarah also loves bagels, animals, and shoes.




JP quarterly                                                                                page 5
Meet the distinguished recipients of the
aZ Justice project’s summer fellowships

                      dan orenstein:
                      Looking for a rewarding summer experience and struck by the stories
                      behind the Justice Project’s cases, Summer Fellow Dan Orenstein began
                      volunteering for the Project last summer after his first year at the Sandra
                      Day O’Connor College of Law at Arizona State University. He continued
                      to volunteer over the past year and returned this summer on a Pro Bono
                      Public Interest Fellowship. Dan graduated from the University of Arizona
                      summa cum laude with a double major in Political Science and Sociology
                      and then worked in the organ and tissue transplantation field in Phoenix
                      before enrolling in law school. He is currently the Executive Note and
                      Comment Editor for the Arizona State Law Journal and a certificate candi-
                      date in the Center for Law, Science & Innovation.




                      erin ronstadt:
                      Erin Ronstadt earned her B.A. in English Literature and certificate in Public
                      Administration from Arizona State University. She attended the
                      Sandra Day O’Connor College of Law at ASU, where she served in several
                      leadership capacities, including President of the Student Bar Association
                      President and member of the Pro Bono Executive Board. Demonstrating
                      her commitment to public service, she volunteered over 350 Pro Bono
                      hours while in law school, and many of these hours were spent with the
                      Arizona Justice Project. She graduated in May 2009 with Highest Pro
                      Bono Distinction and was awarded the Dean’s Award for Outstanding
                      Graduate. After graduation, Erin jumped at the opportunity to serve as a
                      Public Interest Fellow with the Justice Project. She is passionate about
                      post-conviction work and firmly believes in the Justice Project’s mission.
                      As a Fellow, she has worked on a variety of issues, including complex
                      sentencing matters and post-conviction relief for cases of newly-discov-
                      ered evidence. Working at the Justice Project has taught her the impor-
                      tance of compassionate advocacy, and she plans to pursue a career in
                      criminal defense.




JP quarterly                                                                               page 6
recent/upcoming events & guest speakers
The AZ Justice Project Hike for Justice - Camelback Mountain




On February 13, 2010, Justice Project student volunteers and attorneys, along with family and friends, took on Camelback
Mountain and hiked to the top all, in the name of justice! It was great to see our Justice Project friends joining together to dis-
cuss the importance of innocence work while raising funds, breaking a sweat, and enjoying our beautiful Arizona nature. Stay
tuned for our next Hike for Justice this fall!




JP quarterly                                                                                                                          page 7
recent/upcoming events & guest speakers
The 10th annual Innocence Network Conference




The Arizona Justice Project was honored to attend the Tenth        attend this conference. Not only is there a wealth of informa-
Annual Innocence Network Conference in Atlanta, Georgia,           tion on forensic science, policy, police procedures, and the
in April. Over four hundred attorneys, crime lab technicians       pitfalls of the criminal justice system, but also it is our duty
and analysts, innocence project staff members, law students,       as attorneys to make sure the innocent are not wrongfully
journalists, and exonerees gathered in Atlanta for a most          convicted. One of the best ways to do that is attending this
inspiring conference. The Innocence Network Conference             conference – it makes us all better lawyers and sharpens our
is a place for Innocence advocates from around the nation          eyes to what can go wrong in a criminal case. In a country
to report on the happenings of their innocence efforts and         where our right to liberty is fundamental, we cannot tolerate a
to learn about new legal arguments, forensic science, policy       criminal justice system that does not recognize its shortfalls
initiatives, and ethics.                                           and we must work tirelessly to prevent the wrongful convic-
                                                                   tion of innocent people.
This year, a remarkable 86 exonerees attended the Confer-
ence – 86 men and women who were convicted and sent to             The conference is also a wonderful learning experience for
prison for a crime they did not commit. These 86 men and           law students and the Justice Project was proud to be ac-
women have had their worlds torn apart by the criminal jus-        companied by two Phoenix Law students (president and vice
tice system, yet they stand tall in order to advocate for others   president of the Justice Project Club at Phoenix Law). Please
who are imprisoned for crimes they did not commit. To date,        read their comments below. We hope more Justice Project
254 innocent people have been exonerated through DNA               student volunteers will be able to join us for this conference in
testing and even more have been exonerated through other           the future. Next year is the first ever International Innocence
means, such as witness and victim recantation, improved            Network Conference in Cincinnati, Ohio, April 8-10, 2011.
technology in video imaging, and the re-analysis of forensic
reports that were used to convict.
                                                                    “Attending the Innocence Network Conference in Atlanta this
A question that is often asked is “how did the wrong per-          April was truly a life-changing experience. I am an information-
son get convicted?” Many of the exonerees were convicted           seeker by nature, and after getting involved with the Arizona
based on witness misidentification, a false confession, snitch     Justice Project, I read every article I could possibly find on post-
testimony, invalidated forensic science, bad lawyering, and/or     conviction work. The Conference showed me that no amount
governmental misconduct.                                           of research can compare to talking with people who spent the
                                                                   majority of their adult years behind bars, and found solace in
                                                                   Barry Manilow and Karen Carpenter lyrics. No amount of photos
The Project highly encourages other criminal attorneys to




JP quarterly                                                                                                                              page 8
recent/upcoming events & guest speakers
The 10th annual Innocence Network Conference

can compare to the experience of seeing over 50 exonorees             “Eleven years before I was born, an innocent man went to
standing before me as a heart-wrenching song written and sung         prison; 35 years later as I was finishing my last law school final,
by one of them was played over the sound system. Statistics           he stepped out of the prison doors. Meeting him at the con-
meant nothing when I stood among 400 passionate post-con-             ference was inspiring and humbling, putting the freedom and
viction advocates who have dedicated their lives to freeing inno-     liberty I take for granted daily and giving it a reality check. He is
cent men and women. Law review articles paled in comparison           living proof our justice system failed and requires improvement.
to the workshops and panels of professionals who spoke about          The Innocence Project Conference is a life changing experience.
the creative ways they have found to convince the courts that         Rather than hearing about the 253 DNA exonerations, I met
their clients didn’t do it. Our criminal justice system is flawed,    many of the exonerees and heard their stories first hand. The
but the progress that has been made since the Innocence               conference demonstrated that there are many avenues to get
Network’s inception ten years ago is encouraging and inspiring.       exonerees home and that as an attorney, your job is constant
So much work has been done, but there is even more left to do.        persistence and optimism. This conference demonstrates the
After attending this conference, I am hopeful for the future of the   importance of post-conviction work and why everyone in the
Innocence Network, and I can’t wait to be a part of it.”              community should be involved with the Arizona Justice Project.”

 Emily Downs, Student at Phoenix School of Law                        Kristen Allsworth-Rothman, Student at Phoenix School of Law




JP quarterly                                                                                                                                  page 9
recent/upcoming events & guest speakers
Upcoming Event: Exonoree Eddie Lowery Visits ASU




exoneree eddie lowery will be at                                that he did not need an attorney when he asked for one.
                                                                Throughout the police interview, Lowery was provided specif-
ariZona state university on July                                ics about the crime, and he later used that information to
                                                                confess to a crime he did not commit just so the questioning
21, 2010, to tell the story oF his                              would cease. In 1982, he was convicted of rape, aggravated
wrongFul conviction.                                            burglary, and aggravated battery -- convictions that landed
                                                                him 11 years to life for crimes of which he was innocent.
                                                                After being held in prison for 9 years, Lowery was paroled
                                                                in 1991, and began his quest to clear his name through the
please visit our website or call                                use of DNA. The police had collected DNA samples from
                                                                the crime scene and swabs in a rape kit, and Lowery wanted
For Further details.                                            them retested to prove his innocence. After 11 years, Lowery
                                                                got his wish- through his attorney Barry Clark and with his
In the summer of 1981, Eddie James Lowery was arrested          own funds, Lowery had the evidence retested and proved
and convicted of beating and raping an elderly woman in         once and for all that he was innocent. In 2003, the District
Ogden, Kansas. Lowery, a 21-year-old soldier and new father     Court of Riley County, Kansas, vacated the judgment and
stationed in Fort Riley about ten miles away from the attack,   conviction based on the DNA results, and Lowery’s name and
was held and interrogated all day without food and was told     reputation were finally cleared.




JP quarterly                                                                                                                   page 10
dna grant update
Together, we identify the innocent with a DNA testing
grant from the National Institute of Justice



In light of the 255 DNA exonerations to date, the federal gov-    of innocence, locate DNA evidence relevant to the case,
ernment acknowledged there are faults in the criminal justice     and pay for DNA testing of that evidence. Larry Hammond,
system as innocent people have been convicted of crimes           founder of the Arizona Justice Project, initiated a relationship
they did not commit. DNA testing is the tool through which        with the Attorney General’s Office and these agencies sub-
all of these people have been exonerated and is the most          mitted a joint application to the National Institute of Justice
conclusive evidence of guilt or innocence. Arizona is blazing     requesting Bloodsworth funding.
a trail of cooperation by having an innocence project (The
Justice Project) team up with a prosecuting agency (Arizona       In 2008, Arizona was 1 of 5 states to receive Bloodsworth
Attorney General’s Office) to review DNA cases and work           funding. Arizona was awarded a grant to (1) canvass the
together to have relevant evidence tested.                        Arizona prison population for claims of wrongful conviction
                                                                  in cases of sexual assault or homicide; (2) review the cases
As part of the Justice For All Act, the federal government set    of those claiming innocence; (3) locate relevant biological
aside funding, known as “Bloodsworth Grants,” in honor of         evidence; (4) subject the evidence to DNA testing; and (5)
Kirk Bloodsworth, who was sentenced to death in 1985 for a        litigate or agree on the appropriate relief. On the next page is
rape and murder he did not commit. The Bloodsworth fund-          an update on our progress:
ing was set aside specifically to allow states to review claims




JP quarterly                                                                                                                         page 11
total applications For dna testing (to date): 262

Open Active Cases: 24
1       DNA exclusion found and case is in PCR litigation

2       DNA testing underway

21      Currently under record review and tracking down evidence



Case in Pre-Screening Phase: 95
Cases Reviewed and Closed: 91
35      DNA evidence not probative to show identity of true assailant

20      Prior DNA testing implicated Defendant

16      DNA evidence destroyed

9       Consent to sex at issue

6       Self-Defense claim so DNA evidence would not be probative of innocence

3       Inconclusive DNA results (insufficient amount of material for reliable results)

2       DNA test results show DNA inclusion (of defendant to male profile on forensic evidence)



Rejected: 51
33      No DNA evidence was collected at crime scene

11      No DNA evidence due to delayed reporting by victim (sex crime)

5       Type of crime is not reviewable under NIJ grant

2       Other (out of state applicant; claim of unfair sentence)




JP quarterly                                                                                      page 12
justice fellows program




support the Justice project by                                              4) For donors of $1,000 or more: In addition to the above, you are
                                                                            invited as our guest and will receive free admission to all conferences,
becoming a Justice Fellow!                                                  special events and CLE’s sponsored or co-sponsored by the Justice
                                                                            Project for 2010

The Arizona Justice Project is proud to have a Justice Fellows              5) For donors of $25,000 or more: Lifetime name recognition on all
Program. At a time when the country is reenergized and hopeful for          Justice Project literature, published studies, website, and the Justice
change, we can do our part to make sure that this change extends
                                                                            Project Quarterly Newsletter; and lifetime free admission to all
to the legal system and to those whose lives are forever changed
                                                                            conferences, special events and CLE’s sponsored or co-sponsored
by a wrongful conviction or manifest injustice. Trying to overturn a
wrongful conviction from a prison cell is extremely difficult work, and     bythe Justice Project
few prisoners have the money for DNA testing — let alone for private
lawyers, investigators, researchers or even critical court documents.       Everything we do together, with your support, allows us to extend our
The Arizona Justice Project is fighting each day to correct wrongful        services that much further. To become a fellow, please (1) mail your
convictions and manifest injustices. By becoming a Fellow, you have         donation to: Arizona Justice Project, Sandra Day O’Connor College
the power to achieve justice for those who can’t afford it. We are try-     of Law, P.O. Box 877906, Tempe, AZ 85287-7906, or (2) make a
ing hard to do something important about criminal justice in Arizona,       donation online at azjusticeproject.org. You may also contact us at
and we need your help. Please join us in supporting this important          (480)727-0009.
work by becoming a Justice Fellow, at the level of your choice today.
By becoming a Justice Fellow, you can help us continue to expand            A special thank you below to our Founding Justice Fellows, Current
this important work and enjoy the following benefits:                       2010 Donors, and Previous 2009 Donors: Thank you for joining us in
                                                                            representing the people who are voiceless and forgotten. Thank you
                                                                            for giving back!!
1) Subscription to the Justice Project Quarterly Newsletter

                                                                            “The imprisonment of an innocent person destroys many lives.
2) Name recognition on all Justice Project literature, published studies,
                                                                            The cost to that person, to his or her family, and to society can’t
website, and the Justice Project Quarterly Newsletter for 2010 (our
                                                                            be measured. The Arizona Justice Project preserves dignity and
newsletter reaches over 1200 subscribers, and that number is growing)
                                                                            gives hope to those that the system has tragically failed. It’s vital
                                                                            that we support this honorable work and stand with them in giv-
3) Invitation to all conferences, special events and CLE’s sponsored
                                                                            ing back the valuable lives our society has taken away.”
or co-sponsored by the Justice Project, as well as periodic events to
                                                                            - Justice Fellow, Chris Puzauskas
discuss issues relevant to Justice Project work and to socialize with
colleagues who have similar interests




JP quarterly                                                                                                                                           page 13
justice fellows program

thank you to our founders & 2010 donors:

Founders                        2010 Donors
Bob Bartels                     ($25, 000 or more)           ($200 or more)
Leo Beus                        Jeff Phillips and            Jean-Jacques
                                Phillips & Associates
Michael Bloom                                                Sarah Cabou
Paul K. Charlton                ($15,000 or more)            Barbara and
                                Larry Hammond                Alan Cuneo-Kesselhaut
Larry L. Debus
                                ($10,000 or more)            Stanley Feldman
Simi Dhaliwal
                                                             Debra A. Hill
Randy Downer                    ($5, 000 or more)
                                                             Fred Kay
Paul F. and Florence Eckstein
                                ($2,500 or more)
                                                             John Presley Todd
Tim Eckstein
                                ($1,000 or more)             Rich & Nancy Bastow ; Sue,
Jordan L. Green
                                Arizona Diamondbacks         Carrol, Kate, & Ben Weimer
Larry Hammond                   Foundation                   (On behalf of Gregory J.
Mark Harrison                                                Kuykendall)
                                Robert Bartels
Debra A. Hill                   Jackie Kelley                ($50 or more)
Andy Silverman                  Gregory J. Kuykendall        Patricia Herf
Tracey Westerhausen             John and Chris Puzauskas     Michael Piccarreta
Patricia White & James Nickel   Michael and Janet Valder     Linda Pierce
                                                             Meghann St. Thomas
                                ($500 or more)
                                                             Ann Taylor (On behalf of
                                Jennifer and Richard Allie   Gregory J. Kuykendall)
                                Randy Downer,
                                Interstate Investigative
                                Services                     With gratitude,
                                                             The Arizona Justice Project
                                Christopher Dupont
                                Bob Hirsh




JP quarterly                                                                      page 14

				
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