Louisiana

Louisiana death-row inmate Damon Thibodeaux exonerated with DNA evidence


 

september 28, 2012 http://www.washingtonpost.com

NEW ORLEANS — A Louisiana death-row inmate convicted of the rape and murder of his 14-year-old step-cousin in 1996 on Friday became the 300th person exonerated on the basis of DNA evidence in the United States — and the 18th death-row inmate saved from execution by DNA.

Damon Thibodeaux, now 38, confessed to the brutal attack on his cousin after a nine-hour interrogation in 1996 by detectives from the Jefferson Parish Sheriff’s Office. He recanted a few hours later and has maintained since that his confession was coerced. Despite his recantation, Thibodeaux was indicted four days after his arrest. In 1997, a jury found him guilty of murder and rape, largely on the basis of his confession. He was sentenced to death.

Thibodeaux walked out of the death-row unit of Louisiana’s Angola prison farm on a rainy Friday afternoon, free for the first time after 15 years, during which he was kept in solitary confinement 23 hours per day.

In an interview minutes after he left the prison, Thibodeaux said he struggled to control his emotions during the years he waited for exoneration.

“For the first couple of years, it takes a lot of getting used to. Sometimes, it seemed like it wasn’t going to happen. You think, they’re going to kill you and just accept it,” he said. “But as things started to accumulate, you start, you know, gaining hope.”

He said the detectives who questioned him in 1996 took advantage of his exhaustion and fed him details of the crime to include in his confession.

“They look for vulnerable points where they can manipulate you, and if you’re sleep-deprived or panicked, or you’re on something or drunk, it makes it that much easier to accomplish what they want to accomplish,” Thibodeaux said. “At that point, I was tired. I was hungry. All I wanted to do was sleep, and I was willing to tell them anything they wanted me to tell them if it would get me out of that interrogation room.”

Thibodeaux said that he hoped his case could help lead police agencies to be more careful not to induce false confessions.

The detectives involved in Thibodeaux’s interrogation could not be reached Friday. Earlier, a spokesman for the Jefferson Parish Sheriff’s Office declined to comment on the agency’s handling of the case and said the investigators would not be made available.

Thibodeaux’s exoneration came after an unusual five-year joint reinvestigation of the case by the office of Jefferson Parish District Attorney Paul Connick, which brought the charges, and a team of defense lawyers and investigators, including the New York-based Innocence Project.

During the reexamination of the case, during which Thibodeaux put his formal appeals on hold, investigators concluded that his confession was riddled with glaring errors, such as the manner and time of death and the identification of the murder weapon, and did not match the crime scene and other evidence. Most remarkable, the investigation found that the sexual assault to which Thibodeaux also confessed — making him eligible under Louisiana law for the death penalty — never occurred.

“The 300th exoneration is an extraordinary event, and it couldn’t be more fitting that it’s an innocent man on death row who gave a false confession,” said Barry Scheck, a founder of the Innocence Project and one of the lawyers who worked on the case. “People have a very hard time with the concept that an innocent person could confess to a crime that they didn’t commit. But it happens a lot. It’s the ultimate risk that an innocent man could be executed.”

New DNA testing conducted during the inquiry on the clothing worn by Thibodeaux on the night of the murder and virtually every other piece of evidence collected by police established no links to the crime — so the absence of DNA became a powerful element of evidence itself. A DNA profile was also obtained from a tiny sample of blood on a piece of the wire used to strangle the victim. It did not match Thibodeaux.

The reinvestigation totaled more than $500,000, a cost shared by the defense and prosecution, according to lawyers involved in the case.

The dismissal of Thibodeaux’s case comes amid a flurry of such exonerations across the country and at a time when doubts about the reliability of American courts in determining guilt and innocence appear to be growing.

Early this week, John Edward Smith was released from a Los Angeles jail nearly two decades after being wrongly imprisoned for a 1993 gang-related drive-by shooting. Prosecutors in Chicago moved to dismiss murder charges against Alprentiss Nash in August, 17 years after he was convicted of a murder that new DNA analysis indicates he did not commit. In Texas last month, David Lee Wiggins was released after DNA testing cleared him of a rape conviction for which he had served 24 years.

In July, a D.C. judge declared Kirk L. Odom innocent of a 1981 rape and robbery for which he had served more than 22 years in prison. The same week, the Justice Department and FBI announced they would reexamine thousands of cases after The Washington Post reported widespread problems in its forensic examination of hair fibers over several decades. That came on the heels of a conclusion by the U.S. attorney’s office in Manhattan that five people convicted in the 1995 murder of a taxi driver and imprisoned since are innocent.

 

LOUISIANA- Cost of Louisiana’s death penalty


May 24, 2012 Source : http://www.ksla.com

LAKE CHARLES,

There are currently 88 inmates on Louisiana’s death row, including two women. All were convicted in a court of law and are going through the appeals process before their time is up.

In the last 10 years, three people have been executed by lethal injection in Louisiana – a far cry from the 1980s when 18 inmates in the state were electrocuted for crimes committed. Louisiana is among 33 states where the death penalty is legal, but as the price goes up all have seen dramatic declines in capital cases.

“Many years ago the death penalty was used a whole lot more than it is now,” said Calcasieu Parish District Attorney John DeRosier.

The last capital murder case to be tried in Calcasieu Parish was Jason Reeves in November 2004 under then District Attorney Rick Bryant. A jury sentenced Reeves to death for the murder of 4-year-old Mary Jean Thigpen. Reeves has been serving his time on death row at Angola ever since.

“Taxpayers are paying a tremendous amount of money for death penalty cases,” said DeRosier.

According to DeRosier when compared to other cases the cost for the death penalty is often triple. For example the recent Davis/Saltzman case cost taxpayers an estimated $77,000 to try in court. DeRosier said a death penalty case will easily come in at $250,000 or more.

The case of Lee Roy Williams, the man convicted of the Labor Day quadruple murders, was being considered to be tried as a death penalty case.

Though Williams originally denied his involvement in the four murders the evidence was mounting. He eventually confessed to investigators and accepted a plea deal. 8 1/2 weeks after the murders Williams was indicted, entered a guilty plea and sentenced all in the same day.

“When Williams was confronted with the physical evidence and confronted with the possible alternative of the death penalty he opted for four life imprisonment sentences consecutive to each other,” said DeRosier.

Aside from the cost it’s an uphill battle for prosecutors. Not only do they have to convince a 12 person jury the defendant is guilty of first degree murder, but those same 12 jurors must all agree on the death sentence.

“It’s not easy to sit on a death penalty jury. When choosing a jury we have to be sure we choose a jury that can do the job under the law,” said DeRosier.

Even though they are found guilty and sentenced to death the process and dollars are really only starting to add up.

“The appellate process starts at that point and that appellate process will go through the entire state system and if resulted in death penalty verdict it will also go through the federal system. It will take a lot of years and a lot of money,” said DeRosier.

According to the Louisiana Department of Corrections it costs a little more than $60 a day to house and feed a prisoner at Angola. With the appeals process taking at least a decade if not longer – you can see the money being spent at the expense of taxpayers.

Though the costs are high DeRosier said, “It’s a factor we consider. It’s not necessarily the main factor we consider because we represent the community and we represent victims and that’s our first consideration.”

DNA has also been a game changer. Since 1989 seven men have left Louisiana’s death row free men after being exonerated by DNA and other evidence.

Meanwhile without getting into all the details there are some pretty interesting death penalty cases in Louisiana.

Click here to view list of men on Louisiana’s death row.

Click here to view list of women on Louisiana’s death row.