Tim Cole Panel Begins Study Texas Wrongful Convictions

Texas has had more than its share of tragic wrongful convictions. Of the more than 40 people exonerated by DNA in Texas, one of the most heartbreaking cases is that of Timothy Cole. Cole was wrongly convicted in 1986 for a Lubbock rape. DNA testing conclusively exonerated him last year and identified the true perpetrator. But the exoneration came too late. In 1999, Cole died in prison of a severe asthma attack, an innocent man.

So far, Texas has been slow to respond to the long list of mistakes that exist in each of these wrongful convictions. These mistakes have forced innocent people to spend over 500 years in prison for crimes they did not commit. But that may be about to change. Last May, the Texas Legislature approved a bill creating the Timothy Cole Advisory Panel on Wrongful Convictions, and directed the Texas Task Force on Indigent Defense to work with the panel on a report on needed reforms to prevent wrongful convictions. The Cole Panel's inaugural meeting is slated for today.

Fortunately, a great deal of work has already been done by similar state commissions across the country. It is remarkable, if not surprising, that most such inquiries have identified the very same sources of error, and have developed a remarkable consensus on what reforms are needed to reduce the risk of convicting the innocent.

The problems are well known. Eyewitness error is, by far, the leading cause of wrongful convictions. Invalid forensic testimony, false confessions elicited in undocumented interrogations, and witnesses with incentives to lie are also common causes for wrongful convictions. Finally, bad lawyering in the form of prosecutorial misconduct and ineffective assistance of defense counsel has too often undermined justice.

Just as no one disputes the factors that lead to error, there is also a remarkable consensus among those that have studied wrongful convictions on what is needed to fix the system. New, more accurate lineup procedures ensure a more objective assessment of witness memory and better documentation, leading to more reliable identification testimony. Electronically recording interrogations of suspects provides a reviewable record for judges and juries that allows for a more accurate assessment of voluntariness and reliability thereby eliminating disputes about what took place in the interrogation room. Subjecting in-custody informant testimony to greater scrutiny and transparency would help keep unreliable testimony out of court. Creating more accountability mechanisms for prosecutors who step over the line of fairness would fix a system that too often turns a blind eye on misconduct. Finally, continuing to move Texas toward public defender systems of indigent defense that include robust performance standards, reasonable caseloads, and professional development and support make sure that courtroom contests are fair and more accurate.

Given the track record of wrongful convictions in Texas, the Cole Panel is a good idea in addressing wrongful convictions, but it is only the beginning. The members of this study group must help all criminal justice stakeholder groups become aware of the issues and build support for common sense change.

No bureaucracy accepts change easily, and our criminal justice institutions are no exception. But they can do much better. All the parties, police, prosecutors, judges and defense lawyers, need to recognize that reforms will enhance the accuracy of our system, and will generate better, stronger evidence against the guilty, while protecting the innocent.

John F. Terzano is President of The Justice Project, a nonpartisan organization that works to increase fairness and accuracy in the criminal justice system.

Comments

[1laingirl]

I'm embarassed to say I live in Texas. It seem so many people here are not only ignorant, but proud of it. I, too, used to believe in executions when the crimes were particularly heinous, but some years ago with the introduction of DNA, I realized just how wrong it was. Too many people have been imprisoned wrongly, so it is stupid to think that people have not been wrongly executed. We will never know on most of them, but I feel very strongly that Willingham, for one, was innocent of the crime for which he was executed.

We hope to get rid of Perry, but I'm afraid Texas is still too red. Too bad.

[Micki Pacific]

Don't give up hope on seeing the blue sky over Texas! The GOPs may be handing us this upcoming election on a platter if we dive in and work hard. Yes, there is the "good ol boy" contingent, but a lot of grassroots work has been done for years by progressives here. Getting the AA and Latino voters into the booth is the key to putting a Dem in the govenors seat (hence the attacks on ACORN.)
But what a day of celebration that would be!

[kiki1966]

Grr. I meant to type "order of magnitude" difference.

[kiki1966]

May Perry be impeached, prosecuted and mocked for the rest of his days as he has made a mockery of any fair judicial process.

[DonJM]

Texas enjoys killing people a little too much.

[Emerald1943]

I used to support the death penalty for some crimes, but the Willingham case in Texas has permanently changed my mind. Most all "civilized" countries have outlawed it, so why can't we? Is our need for terrible vengeance so insatiable that we risk putting innocent people to death? There have been way too many mistakes made. It's time for us to take another look at this antiquated punishment!

And what is it with Texas, anyway?

[thromulese]

There is no mention here of governor Perry’s role in gutting a sitting commission and packing it with his cronies. This was done just as they were about to issue a declarative statement. As a direct result of Perry’s involvement innocent people have been put to death by the state of Texas.

Perry should be in jail.