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After losing all his appeals in state court and his initial appeal in federal court, Clemmons received papers from another inmate, including a memo written from Captain A. Cross, who had testified against Johnson at trial. The memo stated that an inmate had told Gross immediately after the attack that Bagby killed Johnson. Armed with new evidence, and a new attorney, Clemmons filed a federal appeal with the same federal court that had previously rejected his appeal. The three-judge panel reversed their opinion and ordered a new trial.

Clemmons v. Delo, F. At trial, Clemmons presented a letter from Johnson to a prison official in which Johnson described an altercation with Fred Bagby. When all the new evidence was presented at re-trial, a circuit court jury acquitted Clemmons in 3 hours on February 18, Clemmons remains incarcerated on other charges, which he is also challenging.

Kansas City Star, February 27, Joseph Nahume Green was convicted of the killing of the society page editor of the weekly Bradford County Telegraph, Judith Miscally, and was subsequently sentenced to death. Prosecutors dismissed charges on March 16, of the murder. Petersburg Times March 17, The court found that Thompson was mildly retarded and had suffered head traumas that caused memory problems. Based on these facts, the trial judge found Thompson incompetent to testify, and the 1st District Court of Appeal affirmed the decision.

This dismissal of testimony, coupled with the fact that the prosecution could not present any physical evidence linking Green to the crime, led Circuit Judge Robert P.

Cates, who had originally sentenced Green to die, to dismiss all charges, saying that there was no evidence tying Green to the murder St. Petersburg Times, November 28, Freedberg in The St. Earl Washington suffers from mental retardation. After he was arrested on another charge in , police convinced him to make a statement concerning the rape and murder of a woman in Culpeper in He later recanted that statement. Subsequent DNA tests confirmed that Washington did not rape the victim, who had lived long enough to state that there was only one perpetrator of the crime.

In , additional DNA tests were ordered and the results again excluded Washington as the rapist.

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On October 20, , William Nieves was freed from death row when a Philadelphia jury acquitted him of the murder of Eric McAiley. Nieves was convicted of the murder in , but maintained his innocence. In , the Pennsylvania Supreme Court held that Nieves was inadequately represented at his first trial and granted him a new trial Commonwealth v. Nieves, A.

Four hours later, she said the same thing. Within the same hour period, she got interviewed by homicide and said a Hispanic male did it. Update: Nieves died on Oct. Associated Press, Oct. Frank Lee Smith, who had been convicted of a rape and murder of an 8-year-old girl, and who died of cancer in January while still on death row, was cleared of these charges by DNA testing, according to an aide to Florida Gov.

Jeb Bush. After the trial, the chief eyewitness recanted her testimony. Nevertheless, Smith was scheduled for execution in , but received a stay. After spending 13 years on death row, Michael Graham was released from the Louisiana State Penitentiary at Angola on December 28, after the Louisiana Attorney General dismissed charges against him and his co-defendant Albert Burrell.


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Burrell was released on January 3, Graham and Burrell were sentenced to death in for the murder of an elderly couple. Earlier this year, a judge threw out their convictions because of a lack of physical evidence and suspect witness testimony used at trial. The trial attorneys appointed to defend Burrell were later disbarred for other reasons. Morris was convicted in and sentenced to death.

His death sentence was vacated by the California Supreme Court in Prosecutors decided not to retry the case and Morris was freed in Daily Journal, October 29, At his initial trial, Morris was represented by Ronald Slick, who was criticized in for giving prosecutors confidential documents to help them keep a former client on death row. West implicated Morris after being arrested while on parole. Morris, P. The prosecutor in the case, Arthur Jean, Jr. Country Superior Court Judge, withheld from the defense that West was given special treatment in light of his testimony. West got any benefit from this, that is, in the handling of his criminal case.

West later confessed that he fabricated the entire case against Morris. Note: Morris was originally charged with robbery and murder. The robbery charge was reversed by the California Supreme Court in its ruling when the court overturned his sentence. Limone, Mass.

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LEXIS 7 and the case against him officially dropped. Salvati, who was released from prison in when the governor commuted his sentence, received word from prosecutors that they were dropping the case against him as well. Tamelo and Greco both died in prison. At trial, the main witness against the four men was Joseph Barboza, a hit man cooperating with prosecutors, who later admitted that he had fabricated much of his testimony.

The recently revealed FBI documents show that informants had told the FBI before the murder that Deegan would soon be killed and by whom, and a memorandum after the crime listed the men involved. Neither list included Limone, Salvati, Tamelo or Greco. Drinkard was sentenced to death in , but his conviction was overturned by the Alabama Supreme Court in Ex parte Gary Drinkard, So. A team of lawyers and investigators from Alabama and the Southern Center for Human Rights in Atlanta spent hundreds of hours preparing for the case and were able to prove that Drinkard was at home at the time the crime was committed.

Former death row inmate Joaquin Martinez was acquitted of all charges at his retrial for a murder in Florida.

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Martinez v. An audio tape of alleged incriminating statements by Martinez, which was used at the first trial, was ruled inadmissible at retrial because it was inaudible. Both the Pope and the King of Spain had tried to intervene on behalf of Martinez, who is a Spanish national.

Jeremy Sheets was released after the U. Supreme Court declined to hear an appeal of a Nebraska Supreme Court decision overturning his conviction. Prosecutors then dropped the charges against him. Nebraska v Sheets, N. Barnett confessed to the crime and implicated Sheets. In exchange for the taped statement, Barnett received a plea bargain in which he avoided a charge of first degree murder, did not have an additional weapons charge filed, and received a commitment for his safety while incarcerated.

Sheets, N. Although Fain always maintained his innocence, he was convicted and sentenced to death for the February kidnapping, sexual assault and drowning of 9-year-old Daralyn Johnson. Fain, who was unemployed and living with his parents in Redmond, Oregon at the time of the crime, had lived in Idaho until June He returned to Idaho in March of to look for work. Fain moved in with a neighbor of the Johnson family, and in September of , police asked that he provide hair samples.

Fain agreed, and those samples were the key evidence against him in his trial. Testifying on behalf of Fain were witnesses who placed Fain in Oregon in February of Results of those tests not only excluded Fain, but pointed to two other suspects. Canyon County District Attorney David Young announced that the state would not retry Fain, who was released from the maximum-security facility in Boise, Idaho on August 23, New York Times, August 24, A convicted felon testified that Melendez admitted to the crime, and another witness with a grudge against Melendez put him at the scene.

No physical evidence was found connecting Melendez, a migrant fruit picker with a 9th-grade education, to the crime. Nevertheless, a jury sentenced Melendez to die, and in , the Florida Supreme Court upheld the conviction and death sentence. Petersburg Times, January 4, Melendez lost another round of appeals in the mid s.

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  • The judge noted that no physical evidence linked Melendez to the crime. The state had used the testimony of two witnesses whose credibility was later challenged with new evidence. On April 8, , Ray Krone was released from prison in Arizona after DNA testing showed that he did not commit the murder for which he was convicted 10 years earlier. Maricopa County Attorney Rick Romley and Phoenix Police Chief Harold Hurtt announced at a news conference on April 8, that new DNA tests vindicated Krone and that they would seek his release pending a hearing next month to vacate the murder conviction.

    A mistake was made hereā€¦. What do you say to him? An injustice was done and we will try to do better.

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    He was sentenced to death. Three years later he received a new trial State v. Krone, P.