Posts Tagged ‘The Innocence Project’

Arizona Man Sues Prosecutor for Wrongful Arrest that Kept him in Jail for Two Months

Friday, January 5th, 2018

Imagine spending two months in jail for a robbery that you didn’t commit. Well, that is exactly what happened to an Iowa man after he was falsely charged with first-degree robbery.
Now he is suing the prosecutor that threw him in jail.
Joseph McBride, 23, was arrested for his assumed role in a January 2017 home invasion robbery in Cedar Rapids, Iowa.
McBride was in Phoenix at the time of his August 2017 arrest, several months after the original crime was committed.
And he showed authorities a time-stamped cell phone selfie proving he was in Arizona at the time of the Iowa home invasion, but they remained steadfast that they had the right guy.
MeBride is from Cedar Rapids but he moved to Phoenix in November 2015.
He was one of three people arrested for the crime.
Linn County Attorney Jerry Vander Sanden is the prosecutor that brought charges on McBride. Sanden alleged in court documents that social media posts and phone records suggested that McBride was involved in the home invasion robbery.
Sanden says the charge was based on a, “good-faith belief that the victim was correct in the identification.”
But as it turns out, the only evidence Sanden and police relied on was the victim pointing to a facebook photo of McBride, claiming he was involved in the crime.
The victim, identified as 27-year-old Tristan Hermann, told police that an acquaintance he knew as Elizabeth came to his apartment. Two men then forced their way in Hermann’s apartment, beating him with a handgun, and stealing his money and cellphone.
Hermann identified the woman as 22-year-old Elizabeth Navarro and said she set him up.
Hermann, who is bipolar, told police days later that he “had done his own investigation” and concluded the men involved were Navarro’s boyfriend, Austin Foster, and a man with the Facebook name “Jody Holliday.”
Police used photos and

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Missouri Man Remains Imprisoned Despite Police Commissioner and Prosecutor Saying he is Innocent

Tuesday, November 22nd, 2016

A Kansas City man who has been in prison for two decades for a double murder has long claimed he is innocent.
And now a Kansas City Police commissioner as well as a former prosecutor who have reviewed his case are also saying he is innocent.
But Missouri Attorney General Chris Koster said it’s too late for Ricky Kidd because he did not appeal it in time.
However, the Midwest Innocence Project, a nonprofit organization dedicated to exonerated innocent people imprisoned for crimes they did not commit, is fighting to get him freed.
Kidd is serving two life sentences at a maximum security prison in Cameron, Missouri without the possibility of parole for the 1996 double murder of two men.
Ricky Kidd was getting a gun permit at the time of the murders.
There is no physical or forensic evidence linking Kidd to the murder in which three men killed two men in a drug ripoff.
In fact, one of the convicted killers testified that Kidd was not involved in the double murder.
And the four-year-old daughter of one of the victims who witnessed the murders did not identify him as one of the killers.
Also, Kidd was at the Jackson County Sheriff’s Department on the same day of the murders, according to records.
However, his attorney at the time failed to obtain the VHS surveillance video showing him at the sheriff’s office.
But records show they conducted a criminal background search on Kidd at 1:37 p.m. that day, just over two hours after the 11:30 a.m. murder.
The only reason he became a suspect was because police received an anonymous tip saying he was one of the killers, which appears to have been placed by one of the actual killers, according to the Midwest Innocence Project.
The murders took place on February 6, 1996 when three men wearing black skull caps robbed and murdered George

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Missouri won’t Exonerate Innocent Man Because He’s not on Death Row

Wednesday, October 12th, 2016

Eyewitness testimony from a 7-year-old girl who saw her mother stabbed to death was the “linchpin” that put Rodney Lincoln behind bars for life for the April 1982 murder of a St. Louis woman.
The deciding factor for the outcome is now doubting her own story, and she wants her mother’s supposed killer to go free.
On Tuesday the Missouri Court of Appeals Western District denied Rodney Lincoln a writ of habeas corpus that would have forced a retrial of his 1983 conviction.
In the opinion filed Tuesday by the Western District, the court agreed with the Cole County’s June ruling that Lincoln’s Constitutional right to due process was not threatened because he was not on death row.
Lincoln’s attorneys from the Midwest Innocence Project challenged the Constitutionality of Lincoln’s imprisonment using a 2003 case, State ex rel. Amrine v. Roper, in which Missouri man Joseph Amrine was wrongly convicted of a prison murder based on false witness testimony.
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The Missouri Supreme Court ordered a retrial when three witnesses subsequently recanted their statements. Amrine was released after prosecutors declined to retry him.
In 1982, JoAnn Tate was found stabbed to death in her St. Louis apartment, lying face down in a pool of blood. Tate’s daughters, then aged seven and four, were found stabbed but alive. The testimony of the older sibling, Melissa Davis (who now goes by Melissa DeBoer) was key to finding Lincoln guilty of murder and two counts of assault.
A relative identified Lincoln, who used to date Tate, as a suspect based on a composite sketch of the killer made with the help of Davis. Davis picked out Lincoln in his mug shot, next to a picture of a distant relative, and later in a lineup.
After his first trial ended in

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