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July 1, 2004
Wrongful convictions spur
calls for reform
Jeremy Schwab
Stephan Cowans of Mattapan walked from prison in
January a free man after six-and-a-half years behind bars. His
35- to 50-year sentence for allegedly shooting a police officer
in the buttox was cut short after information surfaced that another
man’s fingerprint was used to convict him.
The wrongful conviction was just one more in a long list of convictions
that have been overturned in Massachusetts recently. Activists
say the wrongful convictions show the criminal justice system
needs repair.
Boston Police Commissioner Kathleen O’Toole said she had
added three officers and two supervisors to her department’s
fingerprinting unit, reviewed its policies and asked for more
money from the state in an effort to increase the unit’s
professionalism. The unit has been a dumping ground for officers
who have been disciplined for misconduct.
“The Cowans case is just one of several
wrongful convictions,” said O’Toole during a press
conference last week at the Massachusetts attorney general’s
office. “While I am somewhat relieved that no criminal charges
will be filed against the Boston Police Department, I still am
seriously troubled by this case.”
Attorney General Tom Reilly said that a months-long investigation
conducted by his office had found no evidence to prove that fingerprint
technicians Dennis LeBlanc and Rosemary McLaughlin were guilty
of intentionally framing Cowans.
“No criminal charges resulted but that is not the end of
the story,” said Reilly. “This absolutely should not
have happened, and it is an inexcusable failure. It identified
systemic and personal problems that will be and continue to be
addressed.”
The grand jury’s failure to find sufficient evidence of
conspiracy in the Cowans case has civil rights activists up in
arms.
“I just think the justice department needs to look at that
case and see whether or not there was any criminal conspiracy
by any Boston Police Officer and the fingerprint division to convict
an innocent person,” said Leonard Alkins, president of the
Boston Branch of the NAACP.
Alkins said there should be an independent commission established,
composed of legal scholars and prosecutors, to look for other
wrongful convictions over the past 25 years.
“I think they haven’t really seriously looked at the
problem of wrongful convictions,” he said. “I think
that there have been too many wrongful convictions overturned
recently, especially involving the policies and procedures of
the Boston Police.”
In May, the Boston Herald reported that at least 22 men had been
wrongfully convicted in Massachusetts over the past two decades.
Most of the men were black, and most were investigated by the
Boston Police.
The Boston Police homicide unit has been criticized for over-aggressive
interrogations and for focusing their investigations too narrowly
on one suspect once a suspect is found.
The men found to be wrongfully convicted served as many as 19
and a half years behind bars before being released.
Activists say that too often Boston police officers arrest suspects
despite weak evidence, and then the courts take the cases before
suspects can sue for false arrest.
“Even if they know the arrest is shoddy, they will go forward
on the slimmest evidence, knowing the defendant doesn’t
have the resources for proper representation in a circumstantial
case.”
Police officers should be held accountable for shoddy investigations
that lead to wrongful convictions, according to Kazi Toure, co-director
of the Criminal Justice Program at the American Friends Service
Committee.
“I think if they prosecuted those officers whose work led
to the wrongful convictions, and started looking into prosecuting
misconduct, that would deter other cops from doing it in the future,”
said Toure. “They are just sending a statement that it is
ok for cops to do this.”
Activists also blame underfunding of the public defender system
which they say leads to overworked and underpaid defense attorneys
eager to convince their clients to go in for a plea bargain even
if the clients know they did not commit the crime.
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