Mobile Police Department Establishes Special Committee, Why Can\u2019t Mobile District Attorney\u2019s Office Establish a Conviction Integrity Unit?<\/p>\n
March 27, 2014<\/p>\n
I read with interest AL.com\u2019s Theresa Seiger\u2019s article about newly appointed Mobile Police Chief James Barber\u2019s establishment of a committee to address policies and procedures in the awake of recent officer related shootings.\u00a0 Specifically, the committee will consist of several officers appointed by Barber to review officer related shootings (http:\/\/blog.al.com\/live\/2014\/03\/newly_formed_committee_to_revi.html#incart_river_default<\/a>)<\/p>\n Seiger writes in her article that Barber had discussed this possibility when he was sworn in this past November. However, the incident that seemed to move this up on his agenda was the recently officer related shooting of a dog when an officer entered the backyard of a home owner in pursuit of a fleeing suspect.\u00a0 On March 17th<\/sup>, 2014 I listened to Sean Sullivan\u2019s show on FM 106.5 talk following this incident and his show was full of calls and a former officer, discussing this case of the officer shooting a homeowner\u2019s dog during the chase pursuit (the homeowners were not the suspects, rather a suspect allegedly ran into their backyard).\u00a0 It has garnered much media attention.\u00a0 Police Chief Barber, it seems in response to this attention, offered a response, a committee to review officer related shootings. Yes, it will be officers reviewing the actions of other officers, as opposed to a citizen review board, but it is a response.<\/p>\n District Attorney Ashley Rich and Conviction Integrity Unit<\/b><\/p>\n Why won\u2019t Mobile District Attorney Ashley Rich, in response to evidence of prosecutorial misconduct and wrongful convictions reported by the media since her swearing in in 2011, establish a Conviction Integrity Unit similar to the one established by Dallas County, Texas District Attorney Craig Watkins. Below is information about the Dallas County, Texas Conviction Integrity Unit:<\/p>\n \u201cEstablished by District Attorney Craig Watkins in July of 2007, the Conviction Integrity Unit reviews and re-investigates legitimate post conviction claims of innocence in accordance with the Texas Code of Criminal Procedure, Chapter 64 (Motion for Forensic DNA Testing).\u00a0 In addition, the Conviction Integrity Unit reviews and prosecutes old cases (DNA and non-DNA related) where evidence identifies different or additional perpetrators.\u00a0 Special Field Bureau Chief Russell Wilson supervises the Conviction Integrity Unit, the Appellate Division, the Public Integrity Division, the Federal Division and the Mental Health Unit, as well as public information, evidence destruction and expunctions at the District Attorney\u2019s Office.\u00a0 The Conviction Integrity Unit is staffed by two assistant district attorney, one investigator and one legal assistant.\u00a0 This special division is the first of its kind in the United States.\u201d http:\/\/www.dallasda.com\/division\/conviction-integrity-unit\/<\/a><\/p>\n As mentioned, media coverage of officer related shootings seemed to prompt Mobile Police Chief James Barber to establish a committee to review said shootings.\u00a0 Since District Attorney Ashley Rich moved from her Assistant District Attorney position to the District Attorney position in 2011, the local media aired or printed information about the following cases:<\/p>\n Toby Priest<\/b><\/p>\n From Lagniappe Mobile<\/i>: \u201cDid Toby Priest Spend Three Years in Jail for a Crime He Did Not Commit?\u201d http:\/\/classic.lagniappemobile.com\/article.asp?articleID=4983&sid=1<\/a><\/p>\n From the Al.com\/ Mobile Press Register<\/i>: \u201cProsecution Drops Robbery Case Against Mobile Man\u201d http:\/\/blog.al.com\/live\/2011\/10\/prosecution_drops_robbery_case.html<\/a><\/p>\n FYI here is a blog that I wrote in response to the LagniappeMobile<\/i> investigative piece. http:\/\/freerodneystanberry.com\/blog\/2011\/11\/16\/reaction-to-article-in-lagniappe-about-the-toby-priest-case\/<\/a><\/p>\n William Ziegler (currently on death row in Alabama<\/b>):<\/p>\n From the AL.com\/ Mobile Press Register<\/i>: \u201cHow the System Failed William Ziegler: Perjured Testimony, Trashed Evidence, Lying Jurors.\u201d http:\/\/blog.al.com\/live\/2013\/02\/how_the_system_failed_william.html<\/a><\/span><\/p>\n From Lagniappe Mobile<\/i>: \u201cWho Killed Allen Baker? Judge\u2019s Order Suggests Murder Case Stacked Against Death Row Inmate.\u201d http:\/\/classic.lagniappemobile.com\/article.asp?articleID=5961<\/a><\/span><\/p>\n From Al.com\/Mobile Press Register<\/i>: Prosecutor, Defense Lawyer Clash at Appeals Court Over Overturn of Capital Murder Conviction.\u201d\u00a0 http:\/\/blog.al.com\/live\/2013\/10\/prosecutor_defense_lawyer_clas_1.html<\/a><\/span><\/p>\n George Martin (<\/b>currently on death row in Alabama)<\/p>\n From Al.com\/ The Times Picayune<\/i>: Former Alabama State Trooper Convicted of Burning Wife to Death Seeks New Trial (update)\u201d: http:\/\/blog.al.com\/live\/2012\/04\/former_alabama_state_trooper_g.html<\/a><\/p>\n From al.com\/Press Register<\/i>: \u201cJudge Overturns 13 year Old Capital Murder Conviction of Mobile-Based Trooper. http:\/\/blog.al.com\/live\/2013\/09\/judge_overturns_13-year-old_ca.html<\/a><\/p>\n From the Equal Justice Initiative: \u201cNew Trial Ordered for Death Row Inmate George Martin Due to Prosecutorial Misconduct\u201d http:\/\/www.eji.org\/node\/816<\/a><\/p>\n Conclusion<\/b><\/p>\n Rob Holbert of Lagniappe<\/i> wrote the following in a column calling for an Innocence Project in Alabama wrote:<\/p>\n \u201cWhile it is awful to consider that innocent people have gone to jail, what is even more troubling is that some prosecutors may not have the capacity to look at their own work critically when problems arise. No one likes to be wrong, but everyone is wrong from time to time. Prosecutors are not exempt from that rule of life.<\/p>\n One thing that has become clear to me over years is the legal system is far from perfect, and often because of the sheer glut of cases, expediency takes precedent over thoroughness. What\u2019s even clearer is the power judges, prosecutors and police have to make certain things happen when they want to.\u201d<\/p>\n If District Attorney Ashley Rich were to establish a Conviction Integrity Unit, it would be a case of prosecutors evaluating the work of their fellow prosecutors, but, like the committee established by Mobile Police Chief James Barber, that leadership is listening and wants to do something to assure the public that there is complete integrity in the pursuit of protecting the public.\u00a0 The Mobile Police Department is experience budget cuts, yet, Barber found a way to do something to address the concerns of the public.\u00a0 Why can\u2019t Mobile District Attorney Ashley Rich do the same?<\/p>\n In conclusion, I asked Mobile District Attorney Ashley Rich and her opponent Mark Erwin during the 2010 campaign to replace District Attorney John Tyson, Jr. about how they would address wrongful convictions. This is just my opinion, but I think Mark Erwin would have done something to assure the public\u2019s trust of the aforementioned cases came to the public\u2019s view during his administration.\u00a0 http:\/\/freerodneystanberry.com\/blog\/2012\/11\/21\/another-judge-grants-a-new-trial-in-mobile-alabama-a-reaction-to-the-lagniappe-article-on-william-zieglar\/<\/a><\/p>\n District Attorney Ashley Rich can be reached at (251) 574-8400, (251) 574-5000 or via email at ashleyrich@mobileda.org<\/a>\u00a0in the event\u00a0that you wish to\u00a0request that she establishes a\u00a0Conviction Integrity Unit.<\/p>\n Sincerely,<\/p>\n <\/p>\n Artemesia Stanberry<\/p>\n PS Below is a blog writer in January which includes why Rodney K. Stanberry\u2019s case should be reviewed. His case was also mentioned in Rob Holbert\u2019s piece calling for an Innocence Project (also written after District Attorney Ashley Rich moved from Assistant District Attorney to being elected to serve as the district attorney). http:\/\/freerodneystanberry.com\/blog\/2014\/01\/13\/fighting-for-funding-fighting-for-justice-establish-a-conviction-integrity-unit\/<\/b><\/a><\/p>\n