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Tag: prison

Fed Prosecutors Want Ex-Michigan Supreme Court Justice Diane Hathaway Behind Bars

Ex-Judge Diane Hathaway

By Allan Lengel
Deadline Detroit

DETROIT – Prosecutors want disgraced ex-Supreme Court Justice Diane Hathaway to serve time behind bars for bank fraud.

In a sentencing memorandum filed Thursday in federal court, the U.S. Attorney’s office recommended that Hathaway serve 12 to 18 months under the sentencing guidelines. Sentencing is set for Tuesday at 2 p.m. in U.S. District Court in Ann Arbor.

“Such a sentence would serve to adequately punish the defendant for her methodical, thoughtful, and sophisticated criminal conduct that spanned over two years and caused approximately $100,000 in losses to a financial institution,” Assistant U.S. Attorneys Daniel L. Lemisch and Patrick Hurford wrote. “In addition, this sentence would deter the defendant and others from future criminal conduct and, in particular, economic crime.”

Hathaway, 58, pleaded guilty in January to a real estate scheme in which she transferred properties out of her name to make it look as if she had less assets, all so she could get a short sale on her Grosse Pointe Park home and get out of $600,000 she owed the bank, ING Direct. The original mortgage was $1.4 million and the home was sold for $800,000 in the short sale.

Under the short sale, the loss to the bank was approximately $100,000, according to the government. The government noted that she did bring $10,000 to the closing for the short sale as a closing fee, bringing the actual loss to $90,000.

To read the full story click here.

Read sentencing memorandum. 

ProPublica Presents, Criminal Injustice: The Best Reporting on Wrongful Convictions

By Theodoric Meyer and Christie Thompson
ProPublica

In 1991, an unemployed printer named David Ranta was convicted of killing a Hasidic rabbi in Brooklyn.

Last week, Ranta was released from the maximum-security prison in which he’d spent nearly 22 years, after almost every piece of evidence used to convict him fell away. The New York Times reported that the lead detectives on the case “broke rule after rule” — they “kept few written records, coached a witness and took Mr. Ranta’s confession under what a judge described as highly dubious circumstances.”

 Last Friday, just a day after he was released, Ranta suffered a serious heart attack.

With Ranta’s case in mind, we’ve rounded up some of the best reporting on wrongful convictions.

CASE FLAWS

Trial By Fire, The New Yorker, September 2009
In 2004, Texas executed Cameron Todd Willingham, an unemployed mechanic from Corsicana who had been convicted of killing his three children 12 years earlier by setting fire to his house. But as The New Yorker’s David Grann reports, the arson investigation findings that the prosecutors used to convict Willingham were based on “junk science,” according to a highly acclaimed fire investigator. The jailhouse informant who testified against him was unstable and had a history of addiction and mental illness. The year after Willingham’s execution, a fire scientist hired by a state commission concurred that the original investigators had no scientific basis for claiming the fire was arson.

Are Memphis Prosecutors Trying to Send an Innocent Man Back to Death Row?, The Nation, March 2013
Timothy Terrell McKinney is facing his third trial for the murder of an off-duty police officer in Memphis. His first case was overturned after the prosecution suppressed evidence that questioned McKinney’s guilt. Multiple testimonies now suggest it would be near impossible for McKinney to have committed the murder. But as one local put it, “when it’s a police officer killed here in Memphis, you know, they quick to nail somebody.”

Defendants Left Unaware of Flaws Found in Cases, The Washington Post, April 2012
In the 1990s, reviews by the Justice Department found shoddy testing in FBI labs was producing unreliable evidence. But that news failed to make its way to defendants who may have been wrongfully convicted based on flawed forensics. “Hundreds of defendants nationwide remain in prison or on parole for crimes that might merit exoneration [or] a retrial,” the Washington Post found.

The Hardest Cases: When Children Die, Justice Can Be Elusive, ProPublica, June 2011
Our 2011 investigation with Frontline and NPR found mistakes made by coroners and medical examiners led to the wrongful conviction of numerous babysitters, parents and others for murdering children. Ernie Lopez may be one such case: he was convicted for murdering a 6-month-old girl, despite evidence that later suggested she may have died from a rare blood disease. (Lopez later agreed to a plea deal for a reduced charge.)

Death Row Justice Derailed, The Chicago Tribune, November 1999
The first part of an epic investigation by Ken Armstrong and Steve Mills of how Illinois had sent innocent men to death row. “Capital punishment in Illinois,” Armstrong and Mills reported, “is a system so riddled with faulty evidence, unscrupulous trial tactics and legal incompetence that justice has been forsaken, a Tribune investigation has found.” The series helped convince Gov. George Ryan to put a moratorium on the death penalty in Illinois the next year, which remains in effect today.

House of Screams, The Chicago Reader, 1990
Over 20 years ago, journalist John Conroy broke a story that shook the foundation of Chicago’s criminal justice system. Conroy unearthed the routine torture tactics used by then-police commander Jon Burge — from suffocation to electric shocks — that resulted in numerous false confessions and wrongful convictions.

DNA EVIDENCE

 

The Innocent Man, Parts 1 and 2, Texas Monthly, November 2012
Michael Morton spent a quarter-century wrongfully behind bars for the brutal murder of his wife, Christine. In a two-part investigation, journalist Pamela Colloff reconstructs the exhausting years spent fighting for his innocence: from the fight for DNA testing to his battered relationship with his son.

Who Shot Valerie Finley?, Boston Review, March 2013
An examination of convictions overturned by DNA testing found three-quarters involved mistaken eyewitness identification. The Boston Review examines the case against Rodney Stanberry, accused of shooting 29-year-old Valerie Finley. Finley identified Stanberry as her shooter after awaking in the hospital from a coma. Stanberry was convicted, despite an alibi corroborated by at least six other testimonies. But without DNA evidence, his innocence has been nearly impossible to prove.

A Blind Faith in Eyewitnesses, The Dallas Morning News, October 2008
Wiley Fountain spent 15 years in prison after his rape conviction before DNA testing proved his innocence in 2002. The Dallas Morning News examined his case and those of 18 other exonerated men in Dallas County — which led the nation in DNA exonerations. Of the 19 cases, 18 of them were based on eyewitness testimony, which frequently convinces juries but is often fatally flawed.

DNA Evidence Exonerates Louisiana Death Row Inmate, The Washington Post, September 2012
Damon Thibodeaux, a deckhand on a Mississippi River workboat, spent more than 15 years in solitary confinement on death row in Louisiana, convicted of the rape and murder of his 14-year-old cousin. In September, Douglas A. Blackmon reports, he “became the 300th wrongly convicted person and 18th death-row inmate exonerated in the United States substantially on the basis of DNA evidence.”

AFTER INCARCERATION

Freed Prisoners Lose Their Innocence, The Wisconsin State Journal, December 2011
Prisoners who are exonerated typically don’t receive the same support — a parole officer, mental health treatment, help finding employment — after they’re released that other inmates do, which can make for a hard readjustment. Take Forest Shomberg, The Wisconsin State Journal reports spent six years in jail before a judge overturned his sexual assault conviction on the basis of DNA evidence. But two years later, he was back in prison with a yearlong sentence after a suicide attempt.

The Exonerated, Texas Monthly, November 2008
By 2008, Texas had exonerated 37 men — who had served a combined 525 years in prison — on the basis of DNA evidence. Texas Monthly’s Michael Hall tracked down 32 of them: One has tried to kill himself three time since being released. Half a dozen of them spent more than two decades in prison. One man, James Waller, works in counseling now. “Send me the worst people they got,” he told Hall, “and I can give them a story where they will want to live again.”

Larry Peterson: Beyond Exoneration, NPR, June 2007
NPR’s Robert Siegel spent two years following the case of Larry Peterson, who was convicted of raping and murdering 25-year-old Jacqueline Harrison in 1989. Peterson spent almost 18 years in jail before being freed on the basis of DNA evidence. But two years after his release, Peterson was unemployed and was only beginning the long battle for restitution for his time in prison. And Patricia Harrison, Jacqueline’s sister, still believes he did it. “If I had my way, he’d be dead,” she told Siegel.

ProPublica is a non-profit, investigative journalism website.

AG Eric Holder Pledges to Avoid Furlough of Prison Staffers Under Sequestration

Steve Neavling
ticklethewire.com 

Attorney General Eric Holder said he’s prevented the furloughs of prison staffers nationwide to protect prison staff, inmates and the public, the Associated Press reports.

Holder prevented the furloughs of some 38,000 employees at the U.S. Bureau of Prisons by moving $150 million from from Justice Department account, the AP wrote.

The Justice Department has already been forced to cut $1.6 billion from its budget.

It’s not yet clear which department agencies will absorb the $150 million that won’t be saved from furloughs.

“I am deeply troubled by the impact the sequester will have on the department’s capacity to prevent terrorism, combat violent crime, partner with states and local law enforcement agencies and protect the judiciary and our most vulnerable citizens,” Holder wrote.

Weekend Series on Crimes: Prison Gangs

Justice Department Buys Never-Used State Prison in Illinois for $165 Million

Steve Neavling
ticklethewire.com

The Justice Department plans to use a never-opened state prison in Illinois and turn it into a federal facility, the Chicago Tribune reports.

Under President Obama’s direction and over the objections of an influential Republican congressman, the Justice Department purchased the prison for $165 million.

The sale is a relief to the cash-strapped sate of Illinois, which never opened the Thomson Correctional Center, the Tribune reported.

Virginia Republican Rep. Frank R. Wolf had tried to block the purchase, saying he fears the Obama administration will break its pledge to not transfer detainees from Guantanamo Bay to the new facility.

STORIES OF OTHER INTEREST


FBI: Prison Supervisor Jailed After Having Sex with Inmates for Cigarettes

Steve Neavling
ticklethewire.com 

An Arizona prison supervisor was arrested this week on charges that he had sex with two male inmates who were given cigarettes in exchange, according to Smoking Gun.

An FBI surveillance camera caught Carl David Evans in a menage a trios with two inmates in a storage closet.

The camera was set up after prison authorities suspected Evans of having sex with an inmate in exchange for tobacco, according to Smoking Gun.

The recording found Evans having sex with two inmates he supervised, the Smoking Gun reported.

Inmates Ran Drug Ring in Indiana Prisons

Steve Neavling
ticklethewire.com

Two inmates in Indiana are accused of running a drug enterprise out of prison with the help of cellphones smuggled in by guards, the Associated Press reports.

The pair, Oscar Perez and Justin Addler, who are housed at different prisons, sold methamphetamine and heroin to inmates, according to a federal indictment that charges 40 people.

Unsealed Wednesday, the indictment accuses corrections officer Jon Dobbins of possessing meth and delivering at least one phone to an inmate.

In one cell phone call, Addler guided a woman through a drug deal of 20 grams of heroin at a truck stop, the AP reported.

Former ICE Official Gets 20 Months in Prison

Steve Neavling
ticklethewire.com

 A former federal immigration intelligence director was sentenced to 20 months in prison Friday after getting four subordinates to fraudulently claim more than $500,000 in false expense and pay claims, Reuters reports.

James M. Woosley, 48, the former acting director of the intelligence office of U.S. Immigration and Customs Enforcement, pleaded guilty in May of stealing more than $188,000 by falsifying travel vouches, hours worked and attendance claims.

Three underlings also have pleaded guilty in the case and received jail terms of between three months and a year and a day. A fourth is awaiting jail sentencing.

U.S. Attorney Ronald C. Machen Jr. said Woosley “took advantage of the trust he was given by the United States government to carry out a scheme that cost American taxpayers more than a half million dollars,” according to Reuters.