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Broken Justice: A Glance at DNA Exonerations in the U.S.

There have been 337 post-conviction DNA exonerations since 1989, according to recently released information from the Innocence Project. Steven Avery’s rape case, featured in the popular and controversial Netflix series “Making a Murderer,” is one such instance and his wrongful arrest and conviction was the first domino in a long chain of judicially complex proceedings.

The Innocence Project is a national organization working to improve the criminal justice system and facilitate the release of people wrongfully incarcerated using DNA testing.

After Avery was exonerated of his rape conviction, he was subsequently arrested and convicted of murdering Teresa Halbach, prompting the web series. As a result, a petition with 129,950 signatures has been electronically delivered to the White House seeking the release of Steven Avery and Brendan Dassey, also implicated, for what many believe was an improper conviction.

The series has sparked a nationwide debate about the criminal justice system, the Manitowoc County, Wis. sheriff's department and the two men accused of murdering Halbach. Avery’s erroneous conviction prompted a lawsuit against Manitowoc County and those involved in his conviction.

The national Innocence Project released statistics highlighting the need for judicial reform with respect to wrongful convictions, citing, among other metrics, the average length of wrongful incarceration for those exonerated with DNA evidence is 14 years. Avery was imprisoned for 18 years.

“These DNA exoneration cases have provided irrefutable proof that wrongful convictions are not isolated or rare events, but arise from systemic defects that can be precisely identified and addressed. For more than 15 years, the Innocence Project has worked to pinpoint these trends. Many wrongful convictions overturned with DNA testing involve multiple causes,” according to the information from the group.

Some of the statistical highlights include:

  • 20 of the post-conviction cases were of people on death row
  • The average age of those exonerated was 26.5 at the time of their conviction
  • The number of total years served is 4,606
  • The actual perpetrator has been identified in 166 of the cases
  • 33 wrongfully convicted people pleaded guilty to crimes they did not commit

The leading causes of wrongful convictions, according to the Innocence Project, are eyewitness misidentification, improper forensic science, false confessions or incriminating statements, and informants.

“Eyewitness Misidentification Testimony was a factor in more than 70% of post-conviction DNA exoneration cases in the U.S., making it the leading cause of these wrongful convictions,” according to the project’s data. “At least 43% of these eyewitness identifications involved a cross racial identification (race data is currently only available on the victim, not for non-victim eyewitnesses). Studies have shown that people are less able to recognize faces of a different race than their own.”

Penny Beerntsen, the victim Avery allegedly raped in 1985, recently spoke with The Marshall Project about her experience identifying Avery, recounting her experiences with him before and after his release from his 18-year sentence related to her rape.

“Unvalidated (sic) or Improper Forensic Science played a role in 46% of wrongful convictions later overturned by DNA testing. While DNA testing was developed through extensive scientific research at top academic centers, many other forensic techniques – such as hair microscopy, bite mark comparisons, firearm tool mark analysis and shoe print comparisons – have never been subjected to rigorous scientific evaluation,” reads the Project Innocence data. “Meanwhile, forensics techniques that have been properly validated – such as serology, commonly known as blood typing – are sometimes improperly conducted or inaccurately conveyed in trial testimony. In other wrongful conviction cases, forensic scientists have engaged in misconduct.”

President Barack Obama issues a response to the petition to pardon Avery and Dassey stating he can only pardon those in the federal court system. Wisconsin Gov. Scott Walker has indicated in reports that he would not pardon Avery and any post-conviction release would have to come from a higher court.

It was recently announced Midwest Innocence Project’s Legal Director Tricia Bushnell and the law firm of Kathleen T. Zellner and Associates, P.C. in Chicago would be representing Avery in any pending legal matters. Previously, the Wisconsin Innocence Project had helped exonerate Avery in the Beerntsen case, using DNA evidence, although the Wisconsin Innocence Project has no role in his current legal defense.

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