Day two sessions began a bit later in the morning to allow all who enjoyed the dinner and reception the previous night to sleep in. As with the first day sessions, there were so many interesting and valuable sessions taking place it was difficult to choose which to attend. On day two, there were two concurrent sessions held, the morning session had seven different meeting options and the afternoon hosted eight separate gatherings.

Incentives Baked Into the Criminal Justice System & Wrongful Conviction

In this first session, the audience met Mr. Pedro Hernandez. A young man, who at that time, had been arrested 7 times under false pretenses. For one of these arrests, he spent two years awaiting trial for charges that were ultimately dismissed because he was innocent. The speakers wanted to shed light on the issue of arrest quotas and how these have resulted in the false imprisonment of large numbers of people who cannot afford to post cash bail and therefore are required to wait for trial in prison. Basically, they are jailed for being poor.

Ticket quota systems have many severe negative consequences. They are a result of cities, counties, and crime labs being funded through the fines and penalties generated in this system. In addition, raises and promotions are tied to arrest and conviction rates. All of this creates a perverse incentive to lock up as many people as possible. Mr. Shaun King, one of the panel members, spoke about the outrageous court finding that New York City had dismissed charges in 900,000 arrests and summonses due to no evidence to back the charges. Some of the fallout of these practices, which are still happening, can be learned about in the documentary Crime and Punishment streaming on Hulu.

Mr. Hernandez’ story reminded me so much of Kalif Browder who also spent two years in Rikers awaiting trial for a crime he did not commit. I highly encourage you to view the documentary on Netflix that tells his story: Time, The Kalif Browder Story. We need to see the toll these systems are taking on our citizens and understand there are communities living through treatment that would never be tolderated in more affluent neighborhoods.

Another topic discussed was wrongful conviction resulting from confidential and/or jailhouse informants. In a system where you are being charged with an offense you did not commit, you are more likely to want to cooperate to lessen your time behind bars or even have charges dropped so you can get back home. Also, intimidating interrogation techniques can lead to false confessions. How do we know this? Of 365 people freed from prison after DNA showed they did not commit the crime, 30 percent had provided false confessions or plead guilty in a plea deal. Many of us may think that’s crazy; however, if the system is stacked against you and you know the prosecutor will lie if you go to trial, you may or may not be able to convince a jury of your innocence and risk life behind bars, 10 years, even 20 years knowing you will one day be released may seem like a better deal.

This panel was dicussing just one city – New York – and I’m sure we would like to believe it is unique, but that is likely wishful thinking. The question becomes, how can we change these systems? The truth is, the problem is complex with many singular issues and processes differing from city to city and county to county. Accountability and change will take organization on a local level in order to fight police unions and long established government norms. Due to the complexities, plans for change have to be sophisticated and nuanced to the specific processes and practices in a particular location. To get at the heart of all that is wrong, detailed step by step programs are needed.

For example, do you know how much money is being made off of people who are held pending trial when they are not able to make cash bail? There are charges for email ($1.50), phone calls, tablet rental (15$ a month), commissary, etc. There is money being made when people are detained, even when they did not commit the crime for which they are charged.

Do you know how much your city, county, or state has paid in settlements for wrongful incarceration or conviction or excessive use of force? Are you aware that it is thought to be so difficult to fire police that the government is willing to pay settlements for poor performers over and over again rather than get rid of the “bad apple”?

Are you aware of how many people are incarcerated in your city, county, state? Did you know that of all major U.S. cities Houston has 1/3 of the prison population? The truth about this subject is most of us are completely oblivious about this segment of our society. Most of us are happy to believe that if someone is in prison, they must have done something wrong and deserve to be there. Most of us have faith in the system and believe justice is the focus of the people we have placed in positions of authority over us. However, it’s time to wake up and take stock of how the most vulnerable among us are often the most oppressed by the criminal justice system currently in place. Are we willing to do what we can to make the needed changes?

Moth Storytelling Performance

Just prior to lunch, the Moth Storytelling Performance took place. This outreach program provides an outlet to exonerees to share a story about themselves after being given a topic. The topic for this performance was “What Gives Me Joy”. There were five performers who shared very special, five minute stories personal to their lives about joy. Each one was touching and came from exactly where that particular person was on their healing journey. In my mind, after having spent years in prison for a crime you did not commit and then released and expected to fend for yourself (there are not any resources for exonerees when they are released), it would be difficult to speak about joy. But one thing I find especially unique about this group of people is the abundant hope and internal positivity they exude. It’s really quite incredible. Listening to these stories was inspiring and fun.

Honoring the Legacy of Samuel R. Gross: Research, Advocacy, and Leadership that Changed the Field

In this session, four of the leading researchers and advocates on wrongful convictions came together to discuss their experiences working with Mr. Gross who recently retired. Mr. Gross has performed numerous studies and research into the topic of wrongful convictions over his 45 year career. He also co-founded the National Registry of Exonerations, which keeps track of all official exonerations in the United States and compiles statistics for contributors to wrongful conviction. I highly encourage you to visit this site as it contains some of the best information, in one place, for understanding the severity of the problem. It should also be understood this database only contains a specific type of exoneree, ones that are formally cleared of all charges. It would not include people like the West Memphis 3, who took an Alfred plea or any type of plea in order to be released.

Rally for Justice and Closing Celebration

After the final session, conference attendees gathered together in the main conference room, we then made our way through the hotel and walked over to Centennial Olympic Park together. We listened to some live music and were encouraged about the way forward by Mr. Shaun King, the keynote speaker. After the message, we made our way over to the College Football Hall of Fame for a closing celebration where we enjoyed hor d’oeuvres and a few drinks while listening to great music. Most noteably, from the Exoneree Band, a band made up of five men who were wrongfully convicted and spent a combined 85 years in prison.

Reflection

This was my first Innocence Conference and I was honored to attend and learn all that I did in two days. For sure, I felt like I was witnessing the best and worst of our society in this space. I felt inspired by these people who demonstrate the power of the human spirit, its ability to survive so much trauma, pain, and uncertainty. These people are amazingly resilant and provide evidence that hope is possible in the most stark and trying of circumstances.