Wrongful Conviction Day 2021

 
 

Thank you for joining us!

Wrongful Conviction Day Rally & March
Saturday, October 2, 2021

View the video from our 2021 event!

Thank you to everyone who raised their voice with us at the Wrongful Conviction Day Rally & March on Saturday, October 2 on Boston Common as we confronted the myths and challenges we face in the criminal legal system, supported ending life without parole sentencing, and lifted up ongoing efforts to overturn convictions.

Guests and guest speakers included exoneree Robert Foxworth, State Representative Liz Miranda, a spoken word performance by Michelle Garcia Fresco, drum beats by Grooversity, and much more. Stops along the march included the State House and the John Adams Courthouse.

The Fight Continues…” was the theme of this year’s International Wrongful Conviction Day. During our Rally & March, we invited family members, loved ones, lawyers, and anyone else engaged in the fight for freedom with people who are incarcerated, to lift up an image of that person and say their names. This demonstration recommits our community to continue this fight together.

It takes a movement to overturn even one wrongful conviction, not to mention changing the system. Join us in our fight, not just for Wrongful Conviction Day, but every day.

A Celebration of Freedom and Community

#FreedomParty

We had an exciting and emotional day on Saturday, July 17, for our community! We gathered together in person for “A Celebration of Freedom and Community,” the first time we’ve been able to get together in a very long time. 14 wrongfully convicted people - 445 years in prison for crimes they did not commit. It was a beautiful afternoon full of love, energy, and heartfelt reunions. There’s more we need to bring home. We’ll continue the fight.

Photo Credit: Nicki Pardo

An Investigator's Story: A Search for Freedom

An Investigator's Story:
A Search for Freedom

 
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By John Nardizzi,
Investigator

Pictured from left to right: Don Juan Moses, John Nardizzi, James Watson. James Watson was exonerated in 2020 after being wrongfully imprisoned for four decades.

Pictured from left to right: Don Juan Moses, John Nardizzi, James Watson. James Watson was exonerated in 2020 after being wrongfully imprisoned for four decades.

My name is John Nardizzi and I’m an investigator. Investigating wrongful convictions with the New England Innocence Project is the most meaningful work I do. Our task is clear: Free an innocent person from prison. Yet, the entire legal system is built to keep innocent people in and to maintain and enforce these wrongs. The sense of injustice can be simply overpowering.

I was surprised to learn that the majority of criminal cases have no DNA to test. Many more cases, instead, require investigators like me to take on the more challenging work of demonstrating innocence through other evidence — interviewing new witnesses, finding missing or “lost” evidence, and proving police misconduct or that a witness lied at trial.

With your support, I am able to follow every lead, sometimes engaging 20 or more witnesses for just one case. Most witnesses talk. Some don't. But it only takes one to say, “I’ve been waiting 25 years to talk with someone like you about this” to break a case wide open. Hearing that gives an indescribable thrill. That’s when I know that one day our client may walk free.

Last year, we were able to provide essential investigative work that played a critical role in freeing people, including James Watson, who was exonerated in 2020 after being wrongfully imprisoned for four decades. Supporters like you made this possible.

Sad to say, there are many more people like Mr. Watson in prison in need of help. That's why, even during a global pandemic, my work could not stop. Right now, I am working on over a dozen wrongful conviction cases with the New England Innocence Project. Together, these innocent people have already spent over 200 years in prison for crimes they did not commit. Your support allows us to do the difficult investigative work that can make all of the difference for innocent people and their families.

Make a gift today and every dollar you give will be
matched (2X) until June 30, 2021 (up to $50,000).


This is grassroots work taking place right in your backyard — helping the most vulnerable people in your community. Will you consider giving a matching gift today?


Annual Impact Report
June 2020 - June 2021

Click below for an interactive PDF of our Annual Impact Report and learn more about
memorable moments and ways we have been making an impact over the last 12 months.

New Hampshire Governor Signs Post-Conviction DNA Testing Bill

Wrongfully convicted people in N.H. now have
access to life-saving scientific evidence

 
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By Cynthia Mousseau,
N.H. Staff Attorney

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The New England Innocence Project works on the ground in six New England states. Each state has its own particular traditions and processes within its criminal legal system. What’s unique and surprising about New Hampshire is that there have been only two exonerations in the state’s history. We would love to believe that this is because N.H. has a flawless criminal legal system with perfect attorneys and judges. But studies show that a lack of official exonerations is not likely an accurate representation of the true number of wrongful convictions within a state. Once someone has been wrongfully convicted of a crime, it is a genuine uphill battle for freedom. They're often forced to pursue their cases on their own, without an attorney, and litigation can be daunting and confusing. Just the words “post-conviction litigation” would be enough to send many people in search of a dictionary. Adding science into the stew of legalese only serves to further muddy the waters. 

Science changed the landscape of criminal trials with the advent of DNA testing in the 90s. DNA testing has been critical in many post-conviction cases: The National Registry of Exonerations reports there have been 376 exonerations involving DNA since 1989. Unfortunately, none of those exonerations took place in the state of N.H. Although N.H. adopted a law in 2004 that allows folks to apply for testing of DNA after they have been convicted, the law was extremely limiting. For example, only incarcerated people could apply for post-conviction DNA testing. And to do so, they had to prove a number of different facts, and submit their application within a certain time frame ­– and they had to do it all without the assistance of an attorney. These high burdens made it extremely hard for folks that were wrongfully convicted to prove their innocence through DNA testing after their convictions. 

To fix these difficulties, the New England Innocence Project and the Innocence Project, Inc. recently drafted an amended version of the law, HB 270, making DNA testing more accessible to people who have been wrongfully convicted in the state. On Wednesday, N.H.'s governor signed the new and improved version into law. HB 270 significantly improves N.H.'s post-conviction DNA testing bill.

Some highlights from the amended law include:

  1. the right to have an attorney to help people access and test DNA after they have been convicted of a crime;

  2. making it easier to get the court to order DNA testing after a conviction; 

  3. expanding the availability for post-conviction DNA testing to people who are no longer incarcerated; and

  4. clarifying that there was no statutory time limit on the filing of such a request.

One of the lessons we have learned from our DNA exonerations in other states is that if the laws allow it, innocent people’s cases can and will fall through the cracks. The new law fills in some of those cracks. By ensuring attorney involvement earlier on in the post-conviction process, we provide innocent people with a means of accessing guides in a foreign landscape. By changing the standard of proof and providing for discovery, we ensure that those that are innocent are given a fair chance to access life-saving evidence. By eliminating a timing requirement, we show that there is no expiration date for justice. We are so pleased to have partnered with our friends in N.H., especially Representative Renny Cushing and Representative Casey Conley, to make these important changes for the wrongfully convicted citizens of N.H.

Policy Change through the Courts

Policy Change through the Courts

A Reflection on the Amicus Work
of the New England Innocence Project 2020-2021

 
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By Radha Natarajan,
Executive Director

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Impacting policy and systems is a vital part of the mission of the New England Innocence Project (NEIP) and has fueled our strong amicus practice. We weigh in on cases where the issues at stake impact the people we serve, such as racial justice, reliability of evidence, presumption of innocence, official misconduct, the administration of justice, and the list goes on. Many people think of policy work as the work that happens in the legislature, and it certainly includes that; however, amicus work is policy work too, using litigation tools to inform judicial policy that can create systemic change.

In Latin, amicus curiae means “friend of the Court.” As an organization committed to exposing failures of the criminal legal system, it may seem counterintuitive that we would so often play the role of “friend of the Court,” but I suppose it depends on how you characterize friendship. We are decidedly not the placating type of friend, affectionately praising or celebrating the Court’s wisdom or history. Instead, we aim to be the friend who is authentic and honest, adding a perspective that might otherwise be missed, and who will hold our “friend” (the Court) accountable to its highest vision of itself. Our friendship, defined in this way, has been consistent and persistent over the last year, and includes these highlights among many:

  • Race and Policing: With the Massachusetts Association for Criminal Defense Lawyers, Lawyers for Civil Rights, and the Charles Hamilton Houston Institute for Race and Justice at Harvard Law School (CHHRJ), we sought an overhaul of the Court’s approach to the significant racial disparities in traffic enforcement. The Court’s decision in this case, if faithfully applied, has the potential to breathe life into the Equal Protection Clause, ensuring that implicit and explicit racial biases resulting in individual and community harms to people of color are neither sanctioned nor ignored. Commonwealth v. Edward Long

  •  Reliability of Technological and Identification Evidence: With CHHRJ, we addressed the injustice of this conviction that was based on unreliable, suggestive, and racially biased evidence. Here, critical evidence that the prosecutor used to convict Mr. Davis - speed data from a GPS device - had never been tested for its accuracy, even by the manufacturer. In addition, the prosecutor urged the jury to identify Mr. Davis from a blurry image in which you could not even make out the person’s face. The Court reversed Mr. Davis’s conviction and affirmed that it is a prosecutor’s and the court’s duty to ensure the reliability of evidence used to take away someone’s freedom. Commonwealth v. Matthew Davis

  • Police Misconduct: With the Innocence Project and the Boston College Innocence Program, we are seeking a comprehensive and independent investigation of misconduct by the Springfield Police Department. Specifically, after the Department of Justice found widespread abuse and falsification of evidence within the Springfield Police Department, the Hampden County District Attorney’s Office has neither investigated the scope of that misconduct nor disclosed it to people whose cases may have been affected. To prevent and correct wrongful convictions, as well as confront racial disparities, we supported the Petition requesting the Court’s intervention. Graham et al., v. District Attorney of Hampden County

I am incredibly proud of NEIP’s amicus work, and I am indebted to the pro bono partners who have represented us in this work as well as the coalition partners who have been steadfast about their commitment to transformative, not only incremental, change. 

As an organization whose staff and supporters have witnessed significant injustice alongside our community, we are committed to speaking out and demanding better from an institution that is supposed to ensure justice for all. Our amicus work is just one of the ways that we amplify those demands, and with the impact we have achieved, we intend to keep it going.

Sean K. Ellis Exonerated of Remaining Wrongful Conviction

Superior Court Justice Allows Sean Ellis’s Motion for New Trial on Firearms Offense

 UPDATE 5/6/21: This week, Suffolk County DA Rachael Rollins’ office filed a nolle prosequi, officially dropping the charges and fully exonerating Sean Ellis.


BOSTON, Mass. [May 4, 2021] –
Today, Superior Court Associate Justice Robert Ullmann allowed Sean Ellis’s Motion for New Trial on the gun conviction remaining on his record from his wrongful conviction for the 1993 murder of Boston Police Detective John Mulligan, which was overturned in 2015 after Mr. Ellis spent more than 21 years in prison for a crime he did not commit.

Attorneys Rosemary Scapicchio and Jillise McDonough filed a motion for new trial on the gun conviction on December 9, 2020. On March 17, 2021, District Attorney Rachael Rollins filed her agreement with that motion, stating (among other things) that "[c]orruption at the root tainted every branch of the investigation into Detective Mulligan's murder, including the gun possession charges." The District Attorney said that if the Court allows the motion for new trial, her office will file a nolle prosequi, ending the prosecution of the case.

Judge Ullmann gave his decision orally, stating “This whole case is a very sad chapter in the history of the criminal justice system. Thankfully, this chapter seems to be nearing its conclusion.” He indicated that “justice was not done” in this case because exculpatory evidence that might have changed the outcome of Mr. Ellis’s trial was not provided to him.

Attorneys Scapicchio and McDonough stated, “We are grateful to Judge Ullmann and to DA Rollins for acknowledging so clearly that with withholding of exculpatory evidence results in an unjust trial.  Here the actions of the Boston Police in actively concealing their corruption and withholding evidence resulted in Sean Ellis serving 22 years of a life sentence for a crime he did not commit.  It took 29 years to get here, but never once, did we waiver and justice prevailed.” 

Sean Ellis is the subject of the Netflix docuseries, Trial 4. Since his release from prison, Sean has made significant contributions to his community, working at Community Servings, a Boston nonprofit, serving on the Board of Trustees of the New England Innocence Project, and leading the charge to provide resources to others wrongfully convicted through the Exoneree Network, a collaboration between the CPCS Innocence Program, the Boston College Innocence Program, and the New England Innocence Project.

Wounded But Not Broken, by Sean Ellis

Wounded But Not Broken

By Sean Ellis, exoneree and NEIP Trustee

Photo credit: Boston Globe

My name is Sean Ellis and I was wrongfully convicted and imprisoned for nearly 22 years for a crime I did not commit.  I've been through a horrendous ordeal and as a result, I have been deeply hurt.  I have been vilified in the public eye, I have suffered injuries, I have suffered pain, and I have suffered tremendous loss.  However, despite this grave injustice, I refuse to be broken.  I am unwilling to allow these trials and tribulations to define who I am or put me in a space of inertia or defeatism.  This concept of being wounded but not broken isn't isolated to those who have suffered at the hands of the criminal legal system; it encompasses those who have endured whatever hardships that life has thrown at them and have pushed back against it, refusing to let it crush them, and sought a path toward healing.

How does it feel to still be fighting for some semblance of justice after nearly 30 years?
As I await the Court’s ruling on my motion to overturn my wrongful convictions, I am reliving everything I’ve experienced while fighting this case for more than 28 years. During that time, I lost so much: My dad died, my firstborn nephew died, my next door neighbor died, two very close aunts (both of whom I grew up with) died, my best friend died, and my mother was diagnosed with cancer. They all lived in Massachusetts, but I wasn’t allowed to attend their funerals. The Department of Corrections didn’t allow it because of the Life Without Parole sentence that I was serving. This not only speaks to the inhumaneness of such a sentence, but it also speaks to the trauma and harm I’ve endured at the hands of the Boston police department and the criminal legal system.  When I think about the impact this wrongful conviction has had on my life, I can’t help but think about some of these things, along with the fact that while my mom continues to live, she has more years behind her than she has in front of her.  While my loved ones are happy to have me home, I can’t help but think about the detrimental psychological effects of incarceration, which have negatively impacted the quality of the relationships that I have with my siblings. I am able to keep fighting because, though I am wounded by all of these losses, I remain unbroken.

What would it mean to be fully exonerated of all your wrongful convictions?
I know all too well that the Commonwealth is not usually in the business of pursuing justice, nor are they in the business of exonerating people.  They are in the business of obtaining and sustaining convictions at all costs.  If this was not their standard operating procedure, I would have never spent a day in prison for a crime I did not commit.  I would have been released in 1998 when the information my attorneys and I were seeking (but the former DA’s office withheld) resulted in the arrest of the low-level players in the corruption scheme.  I would have been released when it was learned that in 1994, a year after the murder of Detective Mulligan, there was a simultaneous investigation underway into the conduct of the detectives on my case, Detectives Acerra, Robinson, and Brazil.  I would have been released once it became known that Detectives Mulligan, Acerra, Robinson, and Brazil, along with their supervisor, were present and participated in the kidnapping and robbery of local drug dealers just days before Detective Mulligan’s murder.  The former police commissioner knew the victim was involved in corruption and still placed this cadre of dirty cops amongst who he called “the best and the brightest.” Remember these names…Acerra, Robinson, and Brazil…they infected every aspect of the Commonwealth’s case against me, from the murder to the armed robbery, and right on down to my remaining firearm charges.  They cannot be parsed apart. 

So, when I think about a full exoneration, I first have to divorce myself from the reality of what I know and have experienced personally.  What I can and will say is that for someone to exonerate Sean K. Ellis, the person making that decision has to be of such extraordinary character that they’re willing to go against the status quo in order to do what is right and what is just!  I say extraordinary character because racism and biases exist within the criminal legal system.  Both racism and biases exist within the Office of the District Attorney.  Judge Ball exonerated me when she said that “justice was not done” and the Supreme Judicial Court exonerated me when they affirmed Judge Ball’s decision and referred to the revelations of the withheld evidence, specifically the involvement of Detective Mulligan in the corruption, as a “game-changer.”  I am grateful DA Rollins brought the fortitude and integrity of her life experiences with her to the Office when deciding to assent to my motion for new trial.  I hope that the Court will agree and allow the DA’s office to drop the charges, as they have committed to do, so I can move on with my life.

Why is public acknowledgment of mistakes or injustice so important for people who have been wrongfully convicted?
Public acknowledgment is so important to the exoneree (depending on who you ask) because, as it was in my case, I was vilified in the public eye.  I was vilified to a group of 16 people, 12 of whom decided my fate.  That group of 12 people were given a false narrative and, as a result, they wrongfully convicted me.  I was sentenced to spend the remainder of my natural life in prison based on this false narrative.  A public acknowledgment of mistakes and wrongdoing is equally as important, if not more important, for the proponent of the false narrative, because it’s an opportunity for them to take a step toward justice and say, “Wait, I am not ok with this and I’m not going along with the wrong that was done to this individual.”

Public acknowledgement of injustice in my case is also vitally important because there has been an admission of wrongdoing on the part of the Boston Police Department.  Therefore, there should be an investigation, not just into my wrongful conviction, but all convictions involving the Boston Police Department obtained during the years these corrupt officers were on the force.

As a community, it is our responsibility to fight to ensure that police departments, in particular, and DA’s Offices are operating with transparency and accountability.  Despite how formidable they are, you have the right and the capacity to fight injustices perpetuated by these departments, and we all stand with you in that fight.

Sean is a motivational speaker, and a staunch advocate of criminal justice and prison reform. He is a co-founder of the Exoneree Network and serves as a Trustee on the board of the New England Innocence Project. Sean is a recipient of the 2021 Boston Mountaintop Award for advocacy related to Black innocence within the criminal justice system. Sean’s recently released Netflix Docu-Series, Trial 4 has elevated his voice internationally as he continues to speak about his experiences with racism and injustice within the criminal justice system. Learn more about Sean’s story at www.TrialFour.com.

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Learn More

The Law Offices of Rosemary Scapicchio, the New England Innocence Project, and the CPCS Innocence Program hosted a virtual press conference March 17 in response to District Attorney Rachael Rollins filing in Court assenting to the motion for a new trial for the remaining gun convictions for Sean Ellis.  Watch the press conference video below or click here.


* Edit: Limited edition shirts no longer available*

SHOP OUR LIMITED EDITION “Wounded but not broken” NEIP apparel,
inspired by a Sean Ellis original design

Available until May 16 only!

All proceeds will go to support the work of the New England Innocence Project,
including the work led by exonerees.

Racially Charged: A Film Screening & Conversation

Reserve Your Spot:
April 20 at 6:00 p.m.

Join us on Tuesday, April 20, from 6:00 - 7:35 p.m. for a special screening of the short film, "Racially Charged: America's Misdemeanor Problem" and post-screening community conversation with local leaders from the New England Innocence Project, Charles Hamilton Houston Institute for Race & Justice, and the ACLU of Massachusetts.

This film exposes how our country’s history of racial injustice evolved into an enormous abuse of power using the criminal legal system. 13 million people a year – most of them poor and people of color – are abused by this system. Through first-person accounts of those charged under the Black Codes of the Reconstruction era paralleled with the outrageous stories of people trapped in the system today, the film brings to light the unfolding of a powerful engine of profits and racial inequality. With the emergence of the Black Lives Matter movement, this film provides historical context and examines America’s history of racist oppression.

Conversation and Audience Q&A

Moderated by David Harris, Managing Director of the Charles Hamilton Houston Institute for Race & Justice, the film screening will be followed by a community conversation about how this abuse impacts our community on a local level with Radha Natarajan, Executive Director of the New England Innocence Project, and Rahsaan Hall, Director of the Racial Justice Program at the ACLU of Massachusetts.

D.A. Rollins Files Assent to Motion for a New Trial for Sean Ellis

D.A. Rollins Files Assent to Motion for a New Trial for Sean Ellis,
Provides Next Step Toward Justice After Wrongful Conviction

Sean Ellis and His Attorneys React to the Filing in Press Conference;
Ellis Served 22 Years in Prison for a Crime He Did Not Commit

WHAT:  The Law Offices of Rosemary Scapicchio, the New England Innocence Project, and the CPCS Innocence Program hosted a virtual press conference TODAY, March 17, at 1:00 p.m. in response to District Attorney Rachael Rollins filing in Court today assenting to the motion for a new trial for the remaining gun convictions for Sean Ellis of Boston, a long-awaited step toward justice for Ellis.

On December 9, 2020, Sean Ellis and his attorneys, Rosemary Scapicchio and Jillise McDonough, filed a motion for new trial to overturn the gun convictions remaining on his record from his wrongful conviction for the 1993 murder of Boston Police Detective John Mulligan, which was overturned in 2015 after Ellis spent more than 21 years in prison for a crime he did not commit.  Ellis is currently a member of the Board of Trustees at the New England Innocence Project and is the subject of the Netflix docuseries, Trial 4.

In DA Rollins filing, she stated (among other things) that "[c]orruption at the root tainted every branch of the investigation into Detective Mulligan's murder, including the gun possession charges." The District Attorney said that if the Court allows the motion for new trial, her office will file a nolle prosequi, ending the prosecution of the case.


Media Coverage

GBH: “DA Rachael Rollins Endorses New Trial To Vacate Sean Ellis' Gun Conviction”

GBH, Greater Boston: “Suffolk D.A. Rachael Rollins On Moving To Drop Sean Ellis’ Final Gun Charge”

Boston Globe: “Suffolk DA Rollins files motion to end the long-running prosecution of Sean Ellis”

WBUR: “Rollins Seeks To Erase Sean Ellis' Firearm Convictions”

WHDH: “Suffolk DA Rollins files motion to end decades-old case against Sean Ellis”

About the Law Offices of Rosemary C. Scapicchio
Rosemary Curran Scapicchio is an experienced criminal defense attorney based in Boston. The important work she does on behalf of her many criminal law clients is based on one belief: that the serious charges against her clients require dedication and aggressive advocacy to win their freedom and reunite them with their families.  She has successfully defended many clients nationwide in recent years. Her dedication to giving aggressive advocacy in every case is evident in the number of not-guilty verdicts she is able to secure for her clients.

About the New England Innocence Project
The New England Innocence Project (NEIP) is an independent social justice non-profit committed to correcting and preventing wrongful convictions and fighting against injustice within the criminal legal system for innocent people imprisoned for a crime they did not commit in Massachusetts, Connecticut, Maine, New Hampshire, Rhode Island, and Vermont. Our team provides free forensic testing, investigation, experts, and an experienced legal team to exonerate the innocent and bring them home to their loved ones.  We provide exoneree support as they work to rebuild their lives in freedom through the peer-led Exoneree Network.  We also use our expertise about wrongful convictions to provide education and advocate for legislative and judicial reforms to prevent future tragedies.  For more information, visit NewEnglandInnocence.org.

About CPCS Innocence Program
The CPCS Innocence Program is a unit within the Private Counsel Division of CPCS that is responsible for identifying, litigating, and overseeing counsel assignments in all post-conviction cases in which an indigent Massachusetts defendant asserts factual innocence of the underlying crime and/or seeks post-conviction forensic analysis to support a claim of factual innocence. The Innocence Program aims to identify and fight to overturn wrongful convictions across the state of Massachusetts. Staff and panel attorneys represent indigent state defendants who have been convicted and punished for crimes they did not commit. The program accepts both DNA and non-DNA based innocence claims, with special attention to cases involving eyewitness identification, flawed or invalidated forensic science, false confessions, and police and prosecutorial misconduct.

Sean Ellis, New England Innocence Project Trustee, Featured in Netflix's Trial 4

 
 

Trial 4, an eight-part Netflix Original docuseries, tells the story of Sean Ellis’s wrongful conviction for the murder of a Boston Police Officer. Sean was just 19 years old when he was arrested. It was only after three trials that Sean was convicted, but the evidence used against him was unreliable. Sean spent 22 years in prison for a crime he did not commit, working with his lawyer Rosemary Scapicchio to expose the police corruption, systemic racism, official misconduct, and faulty forensics that led to his wrongful conviction. In 2018, Sean was exonerated.

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Live Panel Discussion

Watch panelists Sean Ellis, exoneree and NEIP Trustee; Attorney Rosemary Scapicchio, Devin McCourty and Jason McCourty of the New England Patriots, and D.A. Rachael Rollins as they discuss truths and myths about the criminal legal system, the role race plays in the system, and how we must come together to fight for justice. Moderated by Radha Natarajan, Executive Director of the New England Innocence Project.

Sadly, Sean’s story is not unique. It is just one example of the countless injustices happening every day to people throughout New England and across the country. Since Sean’s release from prison, he has committed his time and energy to raising awareness of the fundamental failures of the criminal legal system and to supporting his family and community. He has spoken locally and nationally about the impact of wrongful convictions and the importance of mobilizing for change. Sean joined our Board of Trustees and is the Project Coordinator for and co-founder of the Exoneree Network, an initiative funded by NEIP to support the practical, emotional, and spiritual reentry needs of exonerees. Sean is an essential and integral part of the exoneree community and of the New England Innocence Project. Watch Trial 4 to learn more about Sean’s story.


What Can You Do to Help?

Wrongful convictions are not isolated incidents or the result of a few bad actors, but an inevitable result of a system designed to enslave Black and brown people. Therefore, if we don’t fight to change the system that perpetuates these injustices, there will always be wrongful convictions and more stories like Sean’s.

Leave a note of support for Sean

In the comments below, we welcome you to leave a note of support for Sean and/or your commitment to work alongside us to fight against injustice.

Be an ambassador

Share stories about wrongful convictions like Trial 4, and the work NEIP is doing to free innocent people from prison, with your family and friends and have a discussion about it. Real stories of injustice have the power to change minds and open hearts; they reveal our common humanity and can spark a movement and we need your help to amplify them.

Subscribe to our e-newsletter

Stay up to date on NEIP news and events, exoneree stories, urgent policy calls-to-action and more by signing up for our e-newsletter.

Make a donation to the New England Innocence Project

If you are moved by what you have seen, support the work we do together to correct and prevent wrongful convictions and suppport exonerees upon their release by making a donation.

We are a community. We can be a movement. Join us.

Thank you!

Boston Man Exonerated After Serving 40 Years for a Crime He Did Not Commit

James Watson’s Murder Conviction Overturned
After Serving 40 Years for a Crime He Did Not Commit

 
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BOSTON – November 11, 2020 – Boston-native, James J. Watson, the second man convicted for the 1979 murder of Boston cab driver, Jeffrey Boyajian, had his conviction overturned on November 5, 2020. Having served almost forty-one (41) years for a crime he did not commit, the Suffolk County District Attorney’s Office dismissed all charges against him on November 10, 2020. Three years earlier, after serving thirty-eight years for a crime he did not commit, Watson’s co-defendant Frederick Clay was exonerated as well.

Though serving a sentence of life without the possibility of parole, Watson was released in April 2020 due to the strength of his wrongful conviction claims and the danger he faced in prison due to his age and medical conditions. On November 5, 2020, a Suffolk County Superior Court Judge overturned Watson’s conviction after allowing his motion that raised concerns about prosecutorial and police misconduct, incentivized and coerced witnesses, hypnosis-induced misidentifications, ineffective assistance of counsel, and the absence of his DNA on any items connected with the murder.

The Suffolk County District Attorney’s Office assented to Watson’s Motion for New Trial and dismissed all charges. In doing so, District Attorney Rachael Rollins noted: “Upon review of the evidence, including that advanced by the defendant in his motion and that gathered by the Commonwealth after receiving the motion, and after extensive investigation and scrutiny by this office’s Integrity Review Bureau, the Commonwealth has concluded that the interests of justice would not be served by the prosecution of this case.”

Attorney Barbara Munro, Watson’s counsel appointed by the Committee for Public Counsel Services Innocence Program, explained, “The greatest injustice is to take an innocent man away from his son and family. This could have been prevented here if the then-prosecutor had not withheld from the defense the fact that the eyewitnesses were hypnotized prior to their identifications of Mr. Watson, rendering them unreliable.” In addition to the unreliable eyewitness evidence, other witnesses were given incentives to testify against Watson, including promises of new apartments in public housing and threats that their children would be taken.

Co-counsel, Attorney Madeline Blanchette noted, “It is impossible to undo the intergenerational trauma that this wrongful conviction inflicted on Mr. Watson and his family, but his exoneration now means that there is still opportunity for healing.” At yesterday’s celebration, Watson’s son, Don, who was fifteen-months old when his father went to prison, told Blanchette and Munro, “All that matters to me is I get to comfort my dad now and do things with my dad now.”

Along with Munro and Blanchette, Mr. Watson’s case was supported by other groups as well. The New England Innocence Project funded investigation into Mr. Watson’s wrongful conviction. Nardizzi & Associates Inc. conducted critical and extensive investigation into the forty-one-year-old case. Kristin Dame, the Director of Private Social Work Services at CPCS, provided critical reentry support services to Mr. Watson. Dr. Mary Bassett, The Sentencing

Project, and Katharine Naples-Mitchell of the Charles Hamilton Houston Institute for Race and Justice at Harvard Law School, filed an amicus brief in support of Mr. Watson’s April 2020 request to be released.

Thomas Rosa Freed from Prison After 34 years

Thomas Rosa, Jr., of Chelsea is Freed from Prison 
After Being Wrongfully Incarcerated for 34 Years for a Crime He Did Not Commit

BOSTON – October 19, 2020 – The New England Innocence Project and the Boston College Innocence Program announce today that their client, Thomas Rosa, Jr. of Chelsea, was freed from prison and reunited with his family on October 15, 2020, after being wrongfully incarcerated for 34 years for a crime he did not commit. Mr. Rosa’s release is based in part on the strength of the DNA evidence obtained after his conviction and scientific evidence undermining the eyewitness identifications in the case.

A decision on October 14, 2020, by Justice Gaziano, acting as the Single Justice for the Supreme Judicial Court, allows Mr. Rosa to be freed while the Superior Court considers his Motion for New Trial.  His attorneys, Radha Natarajan of the New England Innocence Project and Charlotte Whitmore of the Boston College Innocence Program, filed the Motion for New Trial on June 29, 2020, presenting numerous arguments why his convictions should be overturned. Justice Gaziano wrote that “the DNA evidence, if correct, in conjunction with the Defendant’s other claims, could well establish that ‘confluence of factors’ that would indicate that a new trial is required.”  

Mr. Rosa, who has always maintained his innocence, was wrongfully convicted in Suffolk County Superior Court for the 1985 murder of Gwendolyn Taylor. Mr. Rosa presented himself voluntarily to the police and was tried three times, facing one mistrial and one overturned conviction before the final conviction in 1993.

The Suffolk County District Attorney’s Office helped secure Mr. Rosa’s release through a petition to the Single Justice of the Supreme Judicial Court, arguing that Mr. Rosa’s motion for postconviction relief has merit, he presents no danger to the public, and his age and underlying health conditions put him at risk of death or serious injury if he were to contract COVID-19 in prison.

“Mr. Rosa has waited a long time – too long – for this day. We are grateful to Suffolk County District Attorney Rachael Rollins for recognizing how important it is for Mr. Rosa to be freed so that he has the opportunity to prove his innocence in court,” said Attorney Radha Natarajan, Executive Director of the New England Innocence Project, who has been representing Mr. Rosa for the last five years. “We will not stop fighting for Mr. Rosa until this wrongful conviction is overturned.”

“We are thrilled to welcome Mr. Rosa home,” said Mr. Rosa’s co-counsel, Boston College Innocence Program Supervising Attorney Charlotte Whitmore. “Many BCIP students worked tirelessly behind the scenes to help achieve this long-awaited outcome and we are privileged to continue to partner with the New England Innocence Project to pursue justice for Mr. Rosa after so many years of wrongful imprisonment.” 

In the coming months, Mr. Rosa’s legal team and the Commonwealth will submit additional briefings. Going forward, Mr. Rosa will take small steps to start rebuilding his life after decades of wrongful incarceration, and he has significant family and community support to help him do that. 

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MEDIA COVERAGE

Boston 25 News: “Chelsea man released from prison after serving 34 years for murder he says he didn’t commit”

WBZ-TV, Ch. 4: “Man who says he was wrongfully convicted of murder freed”

NBC Boston: “Mass. Man Who Says He Was Wrongfully Convicted of Murder Freed”

Associated Press: “Man who says he was wrongfully convicted of murder freed”

MassLive: “'We will not stop fighting’: Charged with 1985 killing of 18-year-old Boston nurse’s aide, Thomas Rosa Jr. released after 34 years in prison due in part to new DNA evidence'"

Boston Globe: “Chelsea man freed after 34 years in prison for murder he says he didn’t commit”

"My Bee was a courageous fighter"

Six years ago yesterday, exoneree Bernard (“Bee”) Baran passed away suddenly at the age of 49, only 8 years after rejoining his family in freedom. Bee was wrongfully convicted in 1985 and spent 22 years in prison for a crime he did not commit. His niece, Crystal Squires, continues to keep his memory alive, sharing this emotional story about her loving uncle, Bee, and coping with injustice and profound loss.

Please watch Crystal live on stage at our inaugural storytelling event last December, Voices of the Innocent: Still We Rise.

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New England Innocence Project
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