Trying to untell a story: Our fight for Jason Carroll

NEIP Client, Jason Carroll, is Featured in Season Two
of the Bear Brook Podcast, “A True Crime Story”

 
 

I have yet to meet one person that believes they would confess to a serious crime they didn’t commit. Yet, it happens all the time. In fact, there have been approximately 375 exonerations due to DNA evidence since 1989 and in 29% of those cases, the exoneree had given a false confession. This means that almost one out of three DNA exonerations involved a false confession. And these statements have a tremendous impact in a courtroom. Confessions are so powerful, in fact, that juries will often discount actual physical evidence if it contradicts the confession. Just ask Jeffrey Deskovic who, at 16, confessed to the rape and murder of a classmate. Even though DNA from the semen taken from the victim’s body didn’t match Jeff, the jury convicted him. Jeff wasn’t exonerated until 15 years later when further DNA testing showed that the semen belonged to a known murderer who eventually confessed to the crime. 

Our client, Jason Carroll, definitely didn’t think he would ever confess to something he didn’t do. And even after he told police the story they wanted to hear, hoping the truth would come out in the end, he never believed a jury would ignore the fact that his statements didn’t match the undisputed evidence in the case and convict him. But that’s exactly what happened. 

Arrested at 19 years old, Jason has been in prison for 33 years for the murder of Sharon Johnson in Bedford, New Hampshire, a murder he did not commit. The only evidence linking him to the crime was his coerced confession, given at the screaming urgency of his own mother, then a police officer who says she had been promised immunity for her son if she could convince him to “talk.” Officers involved claimed it was one of the most intense interrogations they had ever witnessed, and to this day, I find the recording of it difficult to listen to. It was, as New Hampshire Public Radio Senior Reporter Jason Moon puts it, the day “a lie that refuses to die was born.”

Season Two of Jason Moon’s podcast, Bear Brook: A True Crime Story, which launched on February 20, delves into the murder of Sharon Johnson and how a false confession, a story Jason provided under emotional duress, led to his wrongful conviction. 

Here is some additional background on the case:

Sharon Johnson was found dead in a construction pit in Bedford, New Hampshire in July of 1988. Jason was never a suspect in the murder or even questioned about it until November of 1989. Jason was interrogated by police, including by his own mother, over a number of days for countless hours without relief. Ultimately, Jason provided a series of statements over the course of the three-day interrogation that suggested he, his coworker Tony Pfaff, and Sharon’s husband, Ken Johnson, committed the murder. He recanted his statement multiple times, both while he was giving it and afterward. In the end, he was so adamant about his recantation that he refused to repeat the falsehoods in court in order to testify against his co-defendants, even though doing so would have likely resulted in a lighter sentence.

Jason’s statements were so inconsistent with the undisputed forensic evidence in this case, that it was more probable that he was guessing in response to interrogation questions than he had any actual knowledge. In fact, looking at these inaccuracies, it was shocking that Jason was ever a credible suspect, let alone convicted. Here are just a few examples: 

  • In his false confession, Jason said he stabbed the victim using a small pocket knife that has a blade of about 2 ¼ inches. The wound in the victim’s back is around double that size and could not have been caused by that knife. 

  • Jason was asked to pick Ken Johnson out of a photo lineup and he picked the wrong person due to the fact that he did not know who Ken Johnson was. 

  • Jason said he and Tony returned Sharon’s vehicle to the mall parking lot on the night of the murder, but the car was not in the mall parking lot that night and was not found until days later.

  • Jason said he used the alleged money he was paid for his participation in the murder-for-hire to purchase a car stereo for the truck he was using. The owner of his truck, by contrast, told police that the stereo had been put in the truck before Jason began using it. 

 Tony Pfaff, Jason’s co-defendant, was acquitted of the charges likely because the jury did not believe his “confession” was true due to the substantial inconsistencies. Shockingly, the charges against Ken Johson, the alleged mastermind of the crime and the one who supposedly hired Tony and Jason to kill his wife, were dropped. But Jason was found guilty of this crime based on the State’s story that his co-worker, Tony, offered him money to help with the murder. Jason is the only one who was ever convicted of a crime.

This story has now been told for the last 33 years and Jason cannot escape it. But, the evidence shows us that it is just a story – a lie that refuses to die. Recently, Jason was denied a petition for an early parole hearing partly because, as the judge stated, he would not accept responsibility for the crime, leaving Jason in an impossible situation. He could have continued the lie and perhaps would be home free right now because of it. But he told the truth. And we will not give up.

We’re so grateful to our partners in this work, including the team at Foley Hoag and investigator John Nardizzi, as well as Jason’s sister, Jackie. In our fight for truth and justice for Jason, we have asked the trial court to let us test the DNA evidence, which has never before been tested, to help us demonstrate what Jason has said all along: He is innocent. We will never stop until we see Jason come home and can give Sharon Johnson’s family the closure they deserve.

Please take a moment to tune in to Season Two of the Bear Brook Podcast: A True Crime Story and thank you for your continued support in this fight.  

Cynthia Mousseau
Staff Attorney, New Hampshire

PS — You can also watch our video below, an excerpt from our annual event, “Voices of the Innocent,” and learn more about Jason’s case.



NEIP joins the NAACP in fighting racism and Islamophobia in Anthony Dew case

We've partnered with NAACP's Legal Defense Fund to file an amicus brief to the Massachusetts Supreme Judicial Court in Commonwealth v. Dew, calling on the Court to reverse the conviction of Anthony Dew, a Black man of Muslim faith, whose court-appointed attorney, Richard Doyle, engaged in a pervasive pattern of publicly expressing anti-Black racism and religious bigotry against Muslim people. The Massachusetts Supreme Judicial Court will be hearing arguments on Wednesday, February 8.

“It offends our system of justice to allow a conviction to stand when a Black person who is a practicing Muslim is represented by a person who was openly biased against Black and Muslim people,” said LDF Assistant Counsel Adam Murphy. “Where counsel’s racial and religious animus is so plainly and publicly stated, failing to provide a remedy is pernicious not only because it deprives Mr. Dew of his rights, but also because it undermines the credibility, reliability, and integrity of the legal system, and sends the clear message that ours is a system of justice for some but not for all.”

Thank You to the Freedom Fighters

“Wounded, but not broken”

Today, this mantra I have carried with me since my exoneration in 2018 feels more appropriate than ever. It rings louder in my mind under the heavy weight of recent events. Black communities have long had to endure the injustice and inequities of our society, and rise up against systems of racism and oppression, in particular in the criminal legal system. While many may think slavery is a relic from the past, it is no stretch to liken the years exonerees spent behind prison walls to modern day slavery, where disenfranchised people are taken from the community and entrapped by the exception clause of the 13th amendment.

It is clear we still have a long way to go. But as we continue this work together, fighting against wrongful convictions and helping exonerees process the trauma of long-term incarceration, I am emboldened by the spirit of the freedom fighters who came before us. I am inspired by the progress I have seen as we shine light on these devastating injustices and how the power of the movement, gaining momentum like a tidal wave, feels undeniable and, I believe, unstoppable.

As Director of the Exoneree Network, when freedom does come, while joyous, my work truly begins. There is no existing infrastructure in place to assist an innocent person who has been wrongfully convicted and imprisoned for a crime they didn’t commit. Exonerees have to rebuild and repair from almost nothing. 

I’ve been involved with the Exoneree Network before the Exoneree Network even had a name. It was simply the desire of three people who were wrongfully imprisoned to help others who are coming home. We want to remind them that they may be wounded, but they are not broken, and there is a supportive community here for them. To see how far the Exoneree Network has come, even in the last year – from formalizing the programming, to building a staff, to watching exonerees and freed people secure housing, get their driver’s license, have access to a smartphone and laptop – has all been very exciting for me.

As an exoneree myself, we draw on the strength and acceptance of not only the exoneree community, but the connection to the larger NEIP community as well, even those we have never seen or met before. It is clear we want to see each other win, to see each other grow, and to be successful. It is just something you feel. I want everyone to know that their support is truly impacting someone’s life and someone’s spirit every day, at a time when they need it most. Imagine that?

I have high expectations for our work in 2023. It is essential that we continue fighting systems that perpetuate harm and injustice and amplifying the stories of those directly impacted. I am thankful for all of you for being bold and brave, and joining us in the fight. Thank you for standing with us. It means everything.

– Sean Ellis, Exoneration #2364
Director, Exoneree Network  

Creating Joyful Moments

 
 

Dear friends,

I recently had the privilege of sitting down with exonerees and family members of those who have suffered the injustice of a wrongful conviction. I hope you will take just 5 minutes of your day to watch this special conversation (click the video above).

We talked about what it was like for them to be released from prison after decades of wrongful incarceration. They reflected on the tremendous losses, but also recounted the joyful moments that could only happen outside the prison walls, from the seemingly mundane – like taking a bath or breathing in the night air – to the profound – like building a family and raising one’s voice for change.

At NEIP, we are privileged to work every day to make more of these joyful moments possible for people across New England. But, we can't do this work alone. We need your help.

There’s still time to make a tax-deductible year-end gift. Your support will make a direct impact, an impact that is measured in joyous moments of freedom, the reunification of families, and the righting of wrongs.

Will you consider making a gift by midnight tonight?

If you already made a year-end gift, we're incredibly grateful!
Thank you for being such a special part of our community.

Most sincerely,
Stephanie Hartung
Senior Staff Attorney,
New England Innocence Project


"Jumping out of a plane 10,000 feet in the air -
it made me actually feel like I was truly free."

– Frederick Clay, 38 years in prison

NPR interviewed exonerees Frederick Clay and Malcolm Alexander about what it means to receive compensation after being wrongfully convicted and spending decades in prison, and about the simple pleasures that can only be experienced in freedom.

Our work begins with a letter...

 
 

Every fight for freedom we wage alongside our clients begins with a letter. We receive hundreds of letters every year requesting help, just like the ones in the images above. These are just a glimpse into the hearts and minds of the countless people still wrongfully imprisoned throughout New England for crimes they did not commit. We have a staff that is small, but fierce, and we are currently managing over 300 open applications from people who are awaiting justice.

Today, we are asking you to become a part of this fight. Your support makes it possible to respond to every new letter requesting help, to take on more clients, interview witnesses, test evidence, and build support around every case and every family.

Once someone is convicted of a crime, the system holds onto that conviction with a tight grip and does not want to let it go. That’s why we must devote everything we can to these cases. That means a team of people, thousands of hours analyzing case facts, and tens of thousands of dollars for investigators, experts, and testing. Wrongfully convicted people and their families have already been failed too many times by our criminal legal system and they deserve everything we can offer them.

The people who write to us are on a long journey. We want that journey to include freedom, but we can't do it without the critical funding that makes it all possible.

Help make freedom a reality for innocent people
imprisoned in New England.

Now through December 31, your gift will be DOUBLED (2X) for twice the impact (up to $50,000).

We're more than halfway toward our goal of meeting our $50,000 match. Will you consider making a matching gift today and help free innocent people throughout New England?

If you already made a year-end gift, we thank you!

Most sincerely,
Radha Natarajan
Executive Director, New England Innocence Project


If you would like to donate via check or donor advised fund, please make the check out to “New England Innocence Project” and mail it to our NEW address at:

New England Innocence Project
1035 Cambridge St., Suite 28A
Cambridge, MA 02141

If you would like to donate gifts of stock and/or other securities, please contact Jordan Salvatoriello at jordan@newenglandinnocence.org.

The Long Road to Freedom: December 8 at The Vilna Shul

The Long Road to Freedom

A Discussion About Wrongful Convictions In Massachusetts

Sean Ellis, the subject of the 2020 Netflix docu-series, Trial 4, was exonerated in 2018 after spending nearly 22 years in prison for a crime he did not commit. Sentenced to life in prison, Sean Ellis always proclaimed his innocence and today advocates for justice for others who have suffered a wrongful conviction. Join us for a special evening, December 8 at 7 PM, featuring exoneree and Director of the Exoneree Network, Sean Ellis, in conversation with Lisa Kavanaugh, Trustee for the New England Innocence Project and director of the Committee for Public Counsel Services (CPCS) Innocence Program.

Date: Thursday, December 8, 2022
Time: 7:00 p.m.
Where: The Vilna Shul | 18 Phillips St., Boston
Tickets: Suggested $18

This event will be in person and live-streamed. 

This program is part of The Vilna Schul’s signature Lifesavers Speaker Series that invites the community to engage deeply with individuals championing social justice and positive change. This lecture is generously sponsored by Jason Weiner and Nicole Zatlyn.

Pro Bono Partner Spotlight Series

October is Pro Bono Month

Thank you to all of our pro bono partners! You make our work possible.


A Look Back at our Pro Bono Partner Spotlight Series

The New England Innocence Project is excited to share our Pro Bono Partner Spotlight series where we will highlight the important efforts of law firms who are working in our local communities to identify and free people who were wrongfully convicted, while exposing systemic flaws in the criminal legal system. Our pro bono partners make it possible for us to have the biggest impact and create the most change.

November 2022 Pro Bono Partner Spotlight:
DigiStream Investigations

"Digistream has been such a great addition to NEIP's pro-bono partnerships. Their technology know-how has opened a lot of doors for us and has really made a marked difference in our ability to investigate cases. Digistream is tenacious and always works quickly and effectively on all projects. I feel so grateful for all that they've brought to us."

– Cynthia Mousseau, Staff Attorney, NEIP

Thank you for your partnership!


October: Pro Bono Week!

In honor of Pro Bono Week, we'd like to say a sincere "thank you" to all of the professionals who lend their time, skills & energy to helping us fight wrongful convictions. We couldn't do our work without you!


September 2022 Pro Bono Partner Spotlight:
ArentFox Schiff LLP

"We are so grateful for the generosity and thoughtfulness of the pro bono teams at ArentFox Schiff, who have helped us review and investigate wrongful conviction cases. ArentFox Schiff also furthers its commitment by continuing to sponsor our Voices of the Innocent event. Without partners like ArentFox Schiff, we would not be able to pursue freedom for so many people."

– Radha Natarajan, Executive Director, NEIP

Thank you for your partnership!


August 2022 Pro Bono Partner Spotlight:
CHOATE, HALL & STEWART LLP

"We are very grateful for our multifaceted partnership with Choate, which has been both exciting and productive. Not only have they helped us take a close look at cases through our case review process, but they've also provided essential legal advice, helping our clients and our organization with incredible diligence and enthusiasm."

– Laura Carey and Cynthia Mousseau, Staff Attorneys, NEIP

Thank you for your partnership!


May 2022 Pro Bono Partner Spotlight:
LATHAM & WATKINS

"Our partnership with Latham has been essential to our work. From late-night motion drafting to help free our client after 30 years of wrongful incarceration, to answering discreet legal questions - no project is too big or too small. Latham lawyers dedicate themselves to each case with enthusiasm and skill. We are so grateful to Latham for their continued support and commitment to our work."

– Laura Carey, Staff Attorney, NEIP

Thank you for your partnership!


April 2022 Pro Bono Partner Spotlight:
SULLIVAN & WORCESTER LLP

"The teams from Sullivan & Worcester have been enthusiastic and dedicated. They bring an energy that's refreshing and doesn't wane, and they are willing to think creatively in pursuit of justice. We enjoy and are grateful for this collaboration."

– Investigator, Lorea Gillespie & Executive Director, Radha Natarajan, NEIP


Thank you for your partnership!


March 2022 Pro Bono Partner Spotlight:
FOLEY HOAG LLP

“Working with Foley Hoag is easy and fun. The team is enthusiastic about the work, creative in their approach, and diligent about all tasks. Being able to exchange ideas with smart, trustworthy folks that care about the work they're doing is an absolute dream collaboration and we are so fortunate to have this partnership with Foley. I look forward to our team meetings and know that Foley will always be prepared and come with some fresh ideas and perspective and an always optimistic outlook.”

– Cynthia Mousseau, Staff Attorney, NEIP

Thank you for your partnership!


February 2022 Pro Bono Partner Spotlight:
SIDLEY AUSTIN LLP

Congratulations to Doreen Rachal of Sidley Austin LLP, who was chosen for the “Excellence in Pro Bono” 2022 award by Massachusetts Lawyers Weekly!

"The team at Sidley Austin, led by partner Doreen Rachal, has been outstanding in terms of their commitment, collaboration, and skill. Overturning any wrongful conviction is a challenging endeavor, and this team has been undaunted by the obstacles. We are so grateful for their partnership.”

– Radha Natarajan, Executive Director, NEIP

Thank you for your partnership!


January 2022 Pro Bono Partner Spotlight:
BROWN RUDNICK LLP

"Brown Rudnick attorneys are invaluable partners on NEIP's cases. They are committed to helping us analyze and investigate wrongful convictions. They identify and frame the unanswered questions and then put in the hard work to try to answer those questions. The partnership between NEIP and Brown Rudnick is still a relatively new one, and I'm excited to see what we can accomplish together."

– Daniel Donadio, Staff Attorney, NEIP

Thank you for your partnership!


December 2021 Pro Bono Partner Spotlight:
ROPES & GRAY LLP

“When I think about the work Ropes & Gray has done on our cases, I think: dedication, compassion, and rigor. Ropes attorneys are committed to the work it takes to overturn our clients' convictions and to our clients as people. We're so grateful for our continued partnership with Ropes & Gray.”

– Laura Carey, Staff Attorney, NEIP

Thank you for your partnership!


November 2021 Pro Bono Partner Spotlight:
GOODWIN PROCTER LLP

"Goodwin has been a partner to the New England Innocence Project since NEIP's founding 20 years ago. This relationship has been essential to NEIP's ability to grow as an organization and grow its impact. Goodwin has invested countless hours, dollars, and resources to fighting wrongful convictions in our community and has helped secure the freedom of so many innocent individuals in the process. It's hard to imagine what NEIP would be today without the foundation Goodwin helped us build and continues to support."

– Radha Natarajan, Executive Director, NEIP


October 2021 Pro Bono Partner Spotlight:
BERNSTEIN SHUR

BernsteinShur _ Pro Bono Partner Spotlight Series.png

“The teams of lawyers from Bernstein Shur are methodical, thoughtful, and hard-working. They are very open to new ideas and ways of looking at cases. It makes working with them rewarding and easy. The Bernstein folks are down to earth and have a logical approach to the work they do with us. Although the teams are new to the work, they have been very engaged and interested and have moved forward with enthusiasm. Bernstein has also brought a much-needed Maine legal community partnership to NEIP, a partnership we hope to grow and expand upon.”

– Cynthia Mousseau, Staff Attorney, NEIP


September 2021 Pro Bono Partner Spotlight:
SKADDEN

Coffee Facebook Post.png

"Skadden has been an essential partner in our work, representing our vision for change in important amicus submissions and co-counseling with us to free innocent people from prison. We are grateful for all the ways in which this collaboration creates more justice in our community."

– Radha Natarajan, Executive Director, NEIP

High School Students: Enter the Exoneree Network Logo Contest

Submit your design(s) by September 25, 2022 for a chance to win a cash prize.

About the Exoneree Network

In late 2020, three Massachusetts exonerees — Sean Ellis, Victor Rosario, and Ray Champagne — officially launched the Exoneree Network, a peer-led initiative funded by the New England Innocence Project, and in collaboration with the CPCS Innocence Program and the Boston College Innocence Program, to support the practical, emotional, and spiritual reentry needs of exonerees as they work to rebuild their lives in freedom. 

The Exoneree Network is a welcoming community for people returning from long-term incarceration after being wrongfully convicted for a crime they did not commit. We provide much-needed support to help exonerees to rebuild their lives in freedom—from housing assistance and psychological support to phones and technological training, among other services. 

About the Contest

We’re in need of a logo that represents who we are and the personal and spiritual growth, community, and connection we work to achieve. We’re calling on Massachusetts-area high school students to help us create a thoughtful design.

Many of us are drawn to imagery involving trees or walking through a forest, but we welcome you to use your imagination, dig deep into the significance of your design, play with symbolism and greater meaning, and be creative! 

Contest Rules:

  • Do not use copyrighted or trademarked material or offensive language or imagery.

  • Include the text “Exoneree Network” somewhere in the design.

  • The winning design should be simple, applicable across many uses (from live conferences to EN's digital presence), and visually striking.

  • If you choose to submit a traditionally hand-drawn logo, please ensure your image is well-lit, has clean lines, and would look good as a digital drawing.

  • You can submit as many designs as you would like.

  • Design must be available in both a .eps and .png image.

  • Please ensure the image size is 4–5 MB.

  • Must submit your work via email to logocontest@newenglandinnocence.org.

  • Your email submission must include:

    • A photo of your design(s) in each of the file types described above.

    • Your full name and mailing address (without a mailing address we cannot mail cash prizes).

    • The name of the highschool that you currently attend.

    • A brief artist’s statement that describes your design and the significance of any imagery you have chosen to incorporate.

Submissions are due by Sunday, September 25, 2022 at 11:59pm Eastern Time.

Both the winning design and up to four finalist designs will be unveiled on the New England Innocence Project at newenglandinnocence.org on Wrongful Conviction Day 2022 (October 2). Cash prizes will be awarded via check mailed via USPS by October 31, 2022.

Cash Prizes:

  • Winning design: Artist receives $200 cash prize.

  • Up to 4 finalist designs: Each artist receives $50 cash prize.

In Honor of Our Dear Friend, Ray Champagne

 
 

Dear Friends,

It is with profound sadness that I share the news that Ray Champagne -- exoneree, leader, community member, loving partner, father, brother, grandfather, and dear friend – passed away suddenly on Tuesday, July 12, in a motorcycle accident. Wise, funny, thoughtful, exceedingly kind, and always honest, Ray made an impact on everyone he met.

Before becoming an integral part of the NEIP community, Ray fought for his freedom for 41 years alongside his lawyer and close friend, Lisa Kavanaugh, Director of the CPCS Innocence Program and NEIP trustee. Since he was freed on February 18, 2020, Ray has devoted his time and vision to developing support for the community of people returning from long-term incarceration.

Ray partnered with exonerees Sean Ellis and Victor Rosario to create the Exoneree Network, a welcoming and supportive community for wrongfully convicted people coming home. Each day, Ray committed himself to developing resources and healing spaces for the growing community of people freed from wrongful convictions.

We are committed to making Ray’s dream a reality. We are committed to one day having an Exoneree Home where people can go as soon as they are released. We are committed to supporting people with resources, training, healing circles, and lots of love and understanding. Please help us support Ray’s vision through a gift to the Exoneree Network, and please leave a note here in his memory.

Our community is heartbroken at losing Ray. We will do everything we can to honor his memory and the care he gave to everyone around him.

Radha Natarajan
Executive Director, NEIP

Learn more about the Exoneree Network

If you would like to make a comment about Ray
or leave a special note in his honor, please do so below.

 

Freedom Party 2022

A Celebration of Freedom & Community

What an amazing day at our second annual gathering specifically for freed people and their families, a Celebration of Freedom and Community. Since last year, our community has grown, allowing generations of families to come together in freedom and flourish. Attendees at this year’s event collectively lost more than 620 years to wrongful imprisonment. Several folks pictured spent more than four decades behind bars for a crime they did not commit. We held space together, we felt pain, but also resiliency, honesty, strength, and love. We are proud to stand with you and we respect you. The fight is never over.

Photo credit: Ellen Rogers Photography

NHPR Features NEIP Client, Jason Carroll

“Lawyers work to free N.H. man they say was coerced by police
to falsely confess to murder”

On June 29, 2022, we filed a motion to free our cient, Jason Carroll, who was wrongfully convicted of murder in New Hampshire. This is the first step in a long process, and we will never stop fighting until he is free and exonerated. If we are successful, as we must be, it will be the very first exoneration in a murder case in New Hampshire. Please read this NHPR piece o Jason’s story, listen to the 5-minute audio, and support our efforts to overturn this injustice.

NEIP Receives 2022 Champion of Justice Award

Discovering Justice Honors NEIP with 2022 Champion of Justice Award

More than 250 supporters gathered at the Moakley U.S. Courthouse to celebrate Discovering Justice’s 2022 Annual Gala: Connections and Community. Introduced by acting U.S. District Attorney Joshua Levy, Discovering Justice honored the New England Innocence Project with this year’s Champion of Justice award. We’re very grateful and humbled to be honored with this award and to be a part of such a special evening.

NEIP Executive Director, Radha Natarajan and Sean Ellis, Director of the Exoneree Network, delivered passionate talks about their work to free wrongfully convicted people from prison and help them rebuild in freedom. We appreciate all that Discovering Justice does to provide students and community members with civic education programs, helping them to explore the ideals of justice and engage in our democracy.

NEIP’s Executive Director, Radha Natarajan (pictured second from left), and Sean Ellis (pictured second from right), Director of the Exoneree Network, accepted the award. The event was attended by members of this community, including exonerees Robert Foxworth, James Watson, Dennis Maher, Ray Champagne, and more.

At the event, Discovering Justice played our “What Does Freedom Mean?” video and we wanted to share that video again here for folks who haven’t had a chance to view it, or would like to see it again. Find more videos and hear more exoneree stories on our YouTube Channel at www.youtube.com/newenglandinnocence.

Legislative Policy Update: June 2021 - 2022

Legislative Policy Update

Supporting changes that matter to communities we serve

In the past year, the New England Innocence Project testified in support of a number of legislative proposals that would have an impact on the people and communities we serve, including supporting exonerees upon their release from long-term incarceration, ending qualified immunity, and more.

Here are some key excerpts from testimony we gave over the past year:

Support for Wrongfully Convicted People After They Are Released from Prison

“I am here because many people believe that once a person is exonerated, they live like in fairy tales: happily ever after. The reality of life after prison, however, is anything but a fairy tale. Unfortunately, release after long periods of incarceration is like a second sentence but this one is served outside the prison walls. Few people leaving prison have the physical, social, or emotional resources and support necessary to restart their lives beyond the walls and this bill is necessary to start addressing those deficits. 

In Massachusetts, an exoneree spends, on average, 15 years incarcerated before they are released. That [means they’ve missed] 15 years of marriages, births, deaths, graduations, birthdays, and all other important family events. [They’ve also missed] 15 years of proper healthcare, educational opportunities, and work experiences. Immediately upon release, the Commonwealth that wrongfully incarcerated these folks, provides nothing by way of compensation for these losses or support for re-entry into society. While it’s possible to get some financial compensation through the court, this process is lengthy and far from straightforward. 

Many exonerees leave prison traumatized by their experiences behind bars. Not only have they missed the lives of their loved ones and their own lives outside the prison walls, but they have witnessed shocking and horrifying events from the confines of their cell. Technological changes outside the walls make reentry feel like time travel. 

[This bill] acknowledges the devastation of incarceration, provides accountability to the Commonwealth for the lives it stole, and aids the healing process of exonerees.”

– Executive Director Radha Natarajan testifies

Learn more about how you can support exonerees upon their release through the Exoneree Network.

The Dangers of Facial Recognition Technology

“I am here because in this age of ever-changing science, the adoption of unreliable technology can lead to wrongful convictions and years of wrongful imprisonment. Facial recognition technology (FRT) is unreliable, biased, and dangerous. These three qualities make FRT incongruent with a criminal legal system that prides itself on equity and fairness. FRT has no place in a courtroom or in a police station.”

– NH Staff Attorney Cynthia Mousseau testifies

Ending Life without Parole Sentences in Massachusetts

“The New England Innocence Project supports ending mandatory life without parole sentences. So many of our clients who are in prison right now, and nearly 40 percent of exonerees, were wrongfully convicted of murder and were sentenced to life without parole. When someone is murdered, there is significant community pressure for the police to make an arrest and to get a conviction. This kind of pressure leads to shortcuts in the investigation and it leads the police and prosecution to use unreliable evidence, such as informants and junk science. So far, in Massachusetts, life without parole sentences have stolen at least 695 years away from people convicted of murders they did not commit. 

I want to focus today on three reasons to give incarcerated people a CHANCE at parole after serving 25 years:

  • First, research shows that extreme sentences do not reduce crime rates. We know that as people age, they are rarely rearrested. In fact, the arrest rate at age 50 is only 2% and right now, 54% of people serving life without parole sentences in Massachusetts are over the age of 50. We also know that these sentences do not promote public safety because they have kept people in prison even when they were innocent.

  • Second, life without parole sentences disproportionately impact communities of color. While less than 10% of the state population is Black, 35% of the people serving these sentences are Black. In addition, Black people are disproportionately wrongfully convicted: in fact, 48% of exonerees in Massachusetts are Black. These statistics tell us that Black people are more likely to be wrongfully deprived of their freedom permanently without any hope for their release. 

  • Third, life without parole sentences are extremely expensive. As people age, it becomes more costly to house and care for them even as they are less likely to commit crimes. In 2020, even with COVID-19, we spent more money on incarceration than on public health. 

The proposed bill does not simply release people into the community. It merely provides a chance for them to demonstrate why it is safe to do so. This bill provides hope, sometimes the only thing innocent individuals can hold onto while incarcerated.”

– Executive Director Radha Natarajan testifies

Ending Life Without Parole Sentences in Rhode Island

“In the United States, there have been 3,096 exonerations, or cases in which a person was wrongly convicted of a crime and later cleared of all the charges based on new evidence of innocence.  34 of these innocent people were sentenced to death and 223 of them were sentenced to Life Without Parole.  These wrongful convictions were the result of flaws in our criminal legal system - both mistakes and purposeful wrongdoing, including mistaken eyewitnesses, unreliable forensic evidence, and coerced confessions.   And they are just the tip of the iceberg.  At the New England Innocence Project we receive hundreds of letters from innocent people in prison throughout New England each year asking for our help.

It is in part due to these known wrongful convictions that support for the death penalty has declined significantly around the country in the last 30 years.  A recent survey by the Pew Research Center found that 78% of American adults believe there is some risk that an innocent person will be put to death.  That risk is not mitigated by a Life Without Parole Sentence which is, at its core, a sentence to death in prison.”

– Staff Attorney Laura Carey testifies

Ending Qualified Immunity

“I am writing because the New England Innocence Project seeks to increase truth, accountability, and fairness in the criminal legal system. Qualified immunity provides unjust shelter to governmental actors who have engaged in unethical practices, which can result in the incarceration of people for crimes they did not commit, and prevent exonerees from collecting monetary compensation for the years of wrongful imprisonment they have suffered. In a criminal legal system that prides itself on equity and fairness, there is no room for doctrines that allow persons in power to behave with impunity.”

– Staff Attorney Laura Carey testifies

Preventing Wrongful Convictions By Challenging Unreliable Evidence

Preventing Wrongful Convictions By Challenging Unreliable Evidence

NEIP welcomes our inaugural Forensic Science Justice Attorney

Every day, in criminal courts across New England (and the nation), unreliable evidence is used to support prosecutions and take away people’s freedom.  This unreliable evidence can come in many forms including flawed “scientific” expert opinions, unreliable witness observations, and biased opinions from police officers that someone “looked suspicious.”  This evidence is admitted at bail hearings, pretrial hearings, and at trial, and it is nearly impossible to effectively challenge every piece of unreliable evidence for every person facing criminal charges. At the New England Innocence Project, we are committed to helping people who face criminal charges expose the errors in their cases and we are committed to bringing to light the ways our system has failed to safeguard freedom. 

We were fortunate enough to receive a grant from the Cummings Foundation to support a two-year fellowship for a special pilot program designed to prevent wrongful convictions before they happen by challenging unreliable evidence.  We are thrilled that Benjamin Evans joined our staff on March 1, 2022, as our inaugural Forensic Science Justice Attorney.

Benjamin Evans, Forensic Science Justice Attorney

Benjamin Evans had been a public defender for 16 years prior to joining NEIP. He had practiced in the Massachusetts trial and appellate courts, supervised public defenders, and was honored with the Massachusetts Bar Association’s Access to Justice Defender Award. CPCS, the Massachusetts public defender’s office, granted him a two-year leave in order to fulfill this important role with NEIP.

Benjamin began his work by meeting with public defenders to identify areas where he could support their efforts to challenge unreliable evidence. As a result of those conversations, he narrowed his focus to two main areas: examining identifications of people from surveillance footage – evidence that we know has caused wrongful arrests and wrongful convictions – and “expert” opinions by police officers that are known to be based on unreliable and/or biased foundations. 

We anticipate Benjamin’s work will have a significant impact and will further NEIP’s mission to prevent wrongful convictions.

In-depth Investigations Make Finding the Truth Possible

In-depth Investigations Make Finding the Truth Possible

In the past year, our investigators spent more than 1,550 hours
working on NEIP cases, involving more than 120 witnesses


When someone has been wrongfully convicted of a crime they did not commit, it often means their case has been built on unreliable evidence.  In a case involving faulty forensic science, we can bring in scientific experts to help uncover the error.  Or if physical evidence exists, we may be granted the chance to retest it with new technology - like DNA - to find answers.  But in the majority of cases, that unreliable evidence came from witnesses who lied or were mistaken.  As a result, we’re required to take on the more challenging work of demonstrating innocence through extensive investigations.  Our clients often tell us that what they want most is for the truth to come out. Our experienced and devoted investigators play a critical role in freeing innocent people, and without them, we could not meaningfully support our clients’ fight for truth and for freedom.

During the last year, NEIP has dedicated significant resources to the investigation of wrongful conviction cases.  We increased our investigative team, adding a third investigator who is focused on Connecticut cases and Massachusetts cases involving Spanish-speaking witnesses.

Collectively, our incredible investigators spent more than 1,550 hours working on NEIP cases, involving more than 120 witnesses. 

Pictured (left to right): Don Juan Moses, NEIP investigator John Nardizzi, and exoneree James Watson. James was exonerated in 2020 after being wrongfully incarcerated for 40 years.

These witnesses were from cases that are decades old and have been located both across the country and outside the United States.  We are fortunate to have investigators who leave no stone unturned in the pursuit of the truth, and overturning wrongful convictions requires nothing less.

Lawyers are often praised for their work in exonerations, while investigators can get overlooked in the story.  At the New England Innocence Project, we see investigation as an essential part of our work.  It is foundational to our clients’ quest to get answers about what actually happened. And we are so grateful to have exceptional investigators who make an impact every day as part of our team fighting for freedom.

Learn more about how investigative work helps free the innocent.

Pursuing Systemic Change through Our Amicus Work

Pursuing Systemic Change through Our Amicus Work

A Reflection on NEIP’s Policy Change Efforts, June 2021 - 2022

As part of our mission to correct and prevent wrongful convictions, we must continue to pursue systemic change through our amicus work.  Our advocacy efforts in court aim to make the law more responsive to people’s needs and community demands.

In the last year, we have filed numerous amicus letters and briefs in the Supreme Judicial Court. Here are just a few of the issues we have been raising with the Court in the last year:

  1. Gang evidence must be heavily scrutinized in joint venture cases because it takes on an outsized, and racialized, significance in jurors’ minds

  2. Showup identifications disproportionately contribute to wrongful convictions and should be excluded as admissible evidence in court except in rare circumstances

  3. The Court should abolish pretextual traffic stops: The overwhelming evidence of racial bias in pretext stops renders them unreasonable

  4. Police officers’ subjective perceptions of suspicion are neither inherently nor especially reliable

Our amicus work is just one of many ways we advocate for freedom and fight against injustice, and we are grateful to our community partners, with whom we work in coalition, as well as our pro bono partners, who support this aspect of our work.  The fight continues.

Your Help is Vital to Bringing Clients Home

Join the Fight for Freedom:
Have 2X the Impact until June 30, 2022

By Stephanie Hartung
Board member and Senior Staff Attorney,
New England Innocence Project


My name is Stephanie Hartung and I’ve been a proud board member at the New England Innocence Project for almost 10 years. When I was a young public defender, I saw first-hand how easily an innocent person can be wrongfully convicted in the American criminal system.

My first felony trial involved an innocent man charged with armed robbery. He was facing a mandatory sentence in prison and was being prosecuted solely based on eyewitness testimony. I knew that jurors can be – and are – easily persuaded by unreliable evidence, including mistaken eyewitness identifications. While my client was ultimately acquitted, he came too close to being wrongfully convicted.

Over the course of my career, it became painfully clear how often wrongful convictions happen and just how essential the work of the New England Innocence Project is – a lifeline for wrongfully convicted people who remain in prison and their loved ones.

 
 

Over the years, it’s been my privilege to watch NEIP grow as an organization, allowing the team to take on more cases, and making freedom possible for even more incarcerated people in need of help. In fact, I am thrilled and humbled to share that I will soon be joining NEIP full-time as a Senior Staff Attorney. Together, we can continue this work and make an even bigger impact.

Although I am joining the NEIP team at a time of great growth and success, there is so much work left to do. Without experts, investigators, and our community, we could not continue this work. Your help is vital to bringing our clients home, and to helping freed people heal after such tremendous loss.

Make a gift today and every dollar you give
will be matched (2X) until June 30, 2022 (up to $25,000).


Will you join me in the fight for freedom and consider making a matching gift today? Thank you!