Wednesday, August 18, 2010

The War on Ephemera and Cardboard Furnishings

I think Byron Case is wrongfully convicted. The State of Missouri believes otherwise. They believe his case is resolved. I believe otherwise. In the near term at least, probably even the medium term, they will prevail. Beyond that, we'll just have to see.

In the meantime, Byron occasionally breaks free of his mental confinement by writing. He has his own blog, The Pariah's Syntax, subtitled Unbound Notes From An Innocent Man. His posts are understandably infrequent, given that he has no access to a computer. He must relay his work through parties on the other side of the proudly lethal electric fence that surrounds the Crossroads Correctional Institute.

If you wish to get a sense of life in prison from someone lucid and inside, you could do worse than visit his site every now and then. It's not about overt brutalization. It's more about a mundane loss of freedom, one in which prisoner control is more important than cruelty or kindness.

On ocassion, I will reproduce one of Byron's posts here as a reminder to myself of work to be done. Now is a particularly good time for me to do so, to rely on Byron's writing, since I am remiss in my own. (It seems my plan to calculate wrongful conviction rates based on judge-jury agreement data has become consuming.) To buy myself some time, I now present another behind-the-bars essay penciled by Byron Case.This one is titled ... 

On one side you find the prison guards. Their job is to ensure the safety and security of the institution by enforcing policy. On the opposite side are the inmates, whose efforts at living in relative comfort while serving their sentences are frequently at odds with those policies. The struggle is endless; the battles are a never-ending back-and-forth.

The guards perform routine random cell searches, with every inmate here at Crossroads guaranteed a minimum of two chances to have their footlockers and loose property rifled through — once by the day shift, once by the evening. Depending on the guards' moods, the search experience can be measured on a scale that runs from relief, as when it's brief and nothing's left horribly out of place, and a nightmare, as when the guards leave the place looking like they turned it upside-down and shook it. Certain guards are notorious for preferring the invert-and-agitate method. They are not exactly liked.

It's the "nuisance contraband" that is most often found and confiscated in these random searches: empty cracker boxes, excess newspapers, improvised ashtrays. Last week, a huge poster of a basketball player was pulled down from a neighbor's wall; the week before, someone was forced to part with an empty 5-gallon sealing compound bucket. From some cells come more impressive items, often handmade.

One man in my wing is a craft-master. He makes hardcover address books, rocking-chair picture frames, and dreamcatchers, among other things. The dreamcatchers are his most popular creation, which he makes from the thread of clothing scraps and what I suspect are melted plastic coathangers. His methods are proprietary. The results look like something you'd be able to buy from a catalog. Naturally, the guards know what he's up to and visit him frequently, big plastic trash bag in hand. No matter how many times they take his supplies and half-finished projects, he does not abandon his hobby. It's hard not to admire that dedication a little.

Across from me there used to reside a waifish slip of a man who welcomed the occasional, ahem, gentlemen caller into his cell. "Melissa," he called himself. Asked to step out for a search of his cell one afternoon, he waited patiently while two guards picked through his things. No more than a few minutes later, one of the two came out with a wad of something fuschia in his gloved hand, which he tossed into the trash bag. Melissa lost it. Whatever they'd taken was obviously a prized possession, something he cared enough about to face off with the guards over. "Nuh-uh," he shouted again and again. "That's mine." Heads turned; the commotion was impossible to ignore. He stood arguing with them for over twenty minutes, apparently never able to finagle the return of the confiscated item. It was several hours later when I overheard what the fuss had been about: the guards had taken his last pair of thong underwear.

Being no angel, I've certainly had my share of things confiscated; though, nothing so precious as a handcrafted object nor salacious as a pair of exotic smallclothes. For awhile, cardboard, wood glue, and paint were easily gotten, and I availed myself of that fact. With enough of these three components I could build small shelving units and miniature cabinets — some with cutout designs in the doors — that looked like they might've been part of the actual design of the place, to the untrained eye. Space being at a premium here, a cubby in which to store cassette tapes or toiletries came in handy. Best of all, the guards didn't seem to care these constructs were contraband made out of illicitly obtained supplies; they left them alone. Some were able to keep their shelves for a couple of years. Then, all at once, they disappeared, a sudden adherence to the letter of policy enacted. The sources for the supplies vanished at around the same time. No one I know has dared dabble in cardboard carpentry since.

A few other things I've lost in searches, some of which I was sorry to lose:
  • One three-dimensional paper Mini Cooper (yellow)
  • One decorative wax paper votive shade (German street carnival scene)
  • Seven wire twist-ties (black)
  • Two highlighter markers (one yellow, one blue)
  • Two packages ramen soup (beef flavor) that were later returned with an apology
  • Five decorative pencils cups (made from oatmeal canisters)
  • My expectations of personal privacy

Monday, August 16, 2010

Update on The Despicable Claude Jones

You may recall my post about The Despicable Claude Jones. He was certainly despicable, and he was absolutely executed, but he may have been innocent of the crime for which he was mainlined.

Despicable Jones was charged with killing a convenience store employee during a robbery. He was convicted based on the testimony of Timothy Jordan, Danny Dixon, and a 1" hair segment.

Timothy Jordan turned out to be the owner of the murder weapon. He also sold his testimony to Texas for time off. He later recanted his testimony. "I took a deal because I was scared, and I testified as to what they told me to say." Well that and the time off.

Danny Dixon is the only one of the three who admitted to being there. He was the one who threw the murder weapon in the Trinity River and helped the police find it there. He didn't get time off so much as more time to breathe. Instead of being needled for capital murder, he was sentenced to 60 years.

That leaves the 1" hair segment. Police found it on the scene. At first, the 1"-hair-segment experts said it was too small to test, but later decided it was just fine. They swore under oath that the 1" hair segment matched Mr. Despicable but neither of the other two sweethearts who were pointing the finger at Jones.

We'll see.

It turns out Texas made the mistake of not destroying the evidence immediately. That 1" hair segment has surfaced and a judge has declared that Texas must allow it to be tested for DNA matching with Jones, Dixon, Jordan, and gosh knows who else. If that 1" hair segment doesn't belong to Despicable, then it's clear he was wrongfully convicted on the basis of alleged accomplice testimony only. (That's not allowed in Texas. That's why they usually buy testimony from two or more snitches, or change their mind about the viability of a 1" hair sample as evidence.)

A failure to DNA match the 1" hair segment to Despicable Jones also leaves open the distinct possibility of  him being factually innocent of this specific crime for which he was plunged. It's possible he was never there, just as he claimed.

Texas, of course, tried to stop the hair from being tested. They did so to save money, or put the case to rest, or for the kids, or to end world hunger, or because it's just what they do and they can't help themselves anymore.

Now we just get to wait for the test results to see if Texas juiced Claude Jones for the wrong crime. I make my prediction right here and now: no DNA match.

If Texas thought the 1" hair sample matched Jones before trial, they would never have hesitated to use it against him. They had to look long and hard at that sample, under just the right light, with their tongue twisted 30 degrees clockwise, before they said "Yeah, I see it, kinda for sure. It's a match."

So that there is not confusion, I repeat my prediction.  No DNA match.

Thursday, August 12, 2010

What's Up With Johnny Frank Garrett?

This blog has experienced an unusually large amount of traffic lately, mostly due to people clicking on the link I placed in the Wikipedia article on Johnny Frank Garrett. The link has been there a while. The interest is more recent.

While certainly pleased by the increased traffic, I'm puzzled by the sudden interest in Johnny Frank. For a while, I assumed it was because few people could resist checking out any post that had "and Bubbles the Clairvoyant" in the title. I've since dismissed that brilliant title as the cause of the increased traffic.

It now occurs to me that people are becoming interested in Johnny Frank's case because of the hearing Judge Fine will hold regarding the constitutionality of the Texas death penalty. He is likely to declare the Texas death penalty law unconstitutional if the defense can satisfy him that Texas has already executed innocent people. I couple that with the fact that, so far, I have scored Johnny Frank Garret as more likely to be innocent than any other person I have scored. As a reminder, I present the complete list below.

Charles Anthony Boyd, 1 

By my decimal accounting, that is 8 innocent people executed by Texas. I still have a long way to go in my search for the 54, but 8 innocent people executed is already a disturbing number. But back to the mystery of the Johnny Frank Garrett traffic.

I decided that, if my Judge Fine hypothesis is correct, most of the traffic will be coming from Texas. I check and find that Texans are responsible for 11% of the page views. While that's a disproportionately large percentage from Texas, the fine folks from Illinois are responsible for a whopping 17%. That means more than a quarter of the traffic on this blog has been originating recently from either Texas or Illinois. While that is interesting, it doesn't confirm or disprove my Judge Fine hypothesis.

I then checked the traffic for the other people I have scored most likely to be factually innocent but dead at the end of a Texas needle. While there was some modest foot traffic for Robert Nelson Drew, there was none to speak of for David Wayne Spence or Carlos DeLuna.

When I couple all that with the fact that Judge Fine's hearing is still 3 months away, I conclude that my Judge Fine hypothesis is unlikely to be correct.

So, if it's not the clever title, and it's not Judge Fine's hearing, what is it that is causing the recent Johnny Frank Garrett traffic on this site. Perhaps some of those readers who have been visiting to read about Garrett will post a comment so that this tangled mystery may be solved.

Monday, August 9, 2010

On The Rate of Wrongful Conviction: Chapter 5.4

As I have mentioned eight times previously, I am preparing a monograph on the rate of wrongful conviction. Each chapter will deal with one estimate of that rate, beginning with zero and ending beyond 10%. I am posting the draft chapters here, as I write them.  I have so far posted the following: 

Chapter 0.027: The Scalia Number
Chapter 0.5: The Huff Number
Chapter 0.8: The Prosecutor Number
Chapter 1.0: The Rosenbaum Number
Chapter 1.3: The Police Number
Chapter 1.4: The Poveda Number
Chapter 1.9: The Judge Number
Chapter 2.3: The Gross Number
Chapter 3.3: The Risinger Number

This post will be the last based on the Ramsey survey, the last based on a guess. After this post, we will move beyond those who survey and those who divide exonerations by convictions. Beginning with the next chapter, we will move into the more interesting world of judge-jury agreement.


Chapter 5.4
The Defense Number

The Ramsey Ohio survey study introduced in Chapter 0.8 was so comprehensive that it allows me to determine four separate wrongful conviction estimates: one each for prosecutors, police, judges, and defense attorneys. The prosecutors were the most conservative in their estimate, guessing that the wrongful conviction rate for the country is 0.8%.  The police were the next more conservative group, guessing that the wrongful conviction rate for the country is 1.3%. Then came the judges at 1.9%. Now it’s time to look at the defense attorneys.

Ramsey received responses from 216 defense attorneys. Their responses are categorized below.


Actually, 17 of the 22 public defenders I recorded in the 21% - 25% category estimated the rate was greater than 25%. I included them in the 21% - 25% category purely for convenience in plotting the results. It will cause the result to be slightly conservative, slightly low.

I'll define the Defense Number for the wrongful conviction rate in the same manner I defined the Prosecutor, Police, and Judge Numbers: I’ll determine the median guess at the wrongful conviction rate using a plot. That plot is presented below. Based on the plot, I claim the single best number to represent the wrongful conviction rate estimated by the Ohio private and public defense attorneys responding to the Ramsey survey is 5.4%.


Consider the significance of the Defense Number. If it is applicable to all 2.5 million people we have incarcerated, it suggests that even defense attorneys believe we have 125,000 people wrongfully incarcerated in this country today. As it turns out, the defense attorneys will have guessed more accurately than any of the other groups surveyed by Ramsey.

<<>>

As mentioned in the earlier chapter dealing with the Ramsey survey, I noted that Ramsey was clever enough to ask for separate guesses of the wrongful conviction rate: one for the country as a whole and one for the respondent’s jurisdiction. It’s interesting to compare the two.

For the defense attorneys, the national median guess was 5.4%, as just reported. For that same group of attorneys, the median guess for their jurisdiction was 4.1%. On average, the defense attorneys believed the wrongful conviction rate in their jurisdiction was somewhat more than 75% that of the national average. This makes the defense attorneys the least delusion of the four groups, at least when considering the wrongful conviction rate in their jurisdiction relative to the nation as a whole.

For comparison, the numbers for the judges are 1.9% and 0.56%; that ratio is slightly less than 30%. The numbers for police are 1.3% and 0.2%; that ratio is slightly more than 15%. The numbers for prosecutors are 0.8% and 0.2%; that ratio is exactly 25%.

<<>>

Ramsey was also clever enough to ask his respondents their opinion of an acceptable wrongful conviction rate. Slightly more than half the judges and police felt the acceptable rate was zero. Slightly fewer than half the prosecutors felt the acceptable rate was zero. Fifty-two percent of the defense attorneys thought the acceptable rate was zero. With respect to this median value, the four groups are in agreement.

Good for all of them. While no one is arguing a zero rate is achievable, it’s good that half of all police, prosecutors, and judges feel a wrongful conviction is an unacceptable circumstance. Perhaps they would be willing to help free some of the 20 to 125 thousand people they believe are now wrongfully imprisoned.

At the other extreme, one prosecutor, four judges and five defense attorneys thought 5% would be an acceptable wrongful conviction rate.

Three police respondents also thought 5% was an acceptably-low wrongful conviction rate. Four police respondents thought 10% would be acceptable. Two of them thought 15% would be okay. Astoundingly, one police respondent thought that a wrongful conviction rate of 20% was not too high.

Sunday, August 8, 2010

Smoke 'Em if You Got 'Em

I think Byron Case is wrongfully convicted. The State of Missouri believes otherwise. They feel the case is resolved. I believe otherwise. In the near term at least, probably even the medium term, they will prevail. Beyond that, we'll just have to see.

In the meantime, Byron occasionally breaks free of his mental confinement by writing. He has his own blog, The Pariah's Syntax, subtitled Unbound Notes From An Innocent Man. His posts are understandably infrequent, given that he has no access to a computer. He must relay his work through parties on the other side of the proudly lethal electric fence that surrounds the Crossroads Correctional Institute.

If you wish to get a sense of life in prison from someone lucid and inside, you could do worse than visit his site every now and then. It's not about overt brutalization. It's more about a mundane loss of freedom, one in which prisoner control is more important than cruelty or kindness.

Perhaps on ocassion, I will reproduce one of Byron's posts here as a reminder to myself of work to be done. After noting that Byron doesn't smoke, I'll begin with ...

What I'm about to describe to you is disgusting. As with many of the world's stomach-turning stories — the one about the boy and the sherbet container of frozen chicken fat, the one about the woman's devastating encounter with an airplane lavatory, the one about Orson Welles and the scandalized buffet-counter employee — the information I am about to share with you is also 100% true.

You have heard about the value of tobacco products in prison. You may know, for example, that a pack of cigarettes is considered a fair trade for a book of twenty stamps or a shot of trashbag hooch. You may also know that greater numbers of packs will buy even more impressive things: a cell with a better view, maybe someone named Peaches with whom to share that cell.

What might come as a surprise to you is that there are areas in prison where tobacco is prohibited. These are segregation units, where inmates are confined with even fewer privileges than normal, as a result of a conduct violation. It's prison for the already imprisoned; residents call it the Hole. The prohibitive policies of the institutions do little to curb the tobacco trade in these places, frequent cell raids and strip-searches be damned.

How? Well, this is where it gets unpleasant. I'm talking here about butt tobacco.

Packed tightly into numerous little balls, wrapped snug in the fingers of contraband plastic or latex gloves, then swallowed or, uh, otherwise introduced into one's innermost nooks, thousands of pounds of tobacco is muled, like so much marijuana through US border crossings, into segregation units of prisons across the country. [Source: Arbitrary Statistic Generation Department.]

The idea of passing a bit of smokeable material through a stretch of one's digestive tract might offend some individuals' senses of what's fundamentally right or wrong. Smokers on the outside, particularly, will surely be revolted by the thought of this. Not that it makes it less offensive, but those little balloons are packaged with care, double- and triple-wrapped. It's in the best interests of those at both ends of the supply chain (so to speak). Not even the most addicted smoker wants to fire up a cigarette that reeks of untended nursing home.

Just the same, I know this happens all the time. In the Hole, desperate individuals will pay $5 for just enough tobacco to fill up a standard-sized sugar packet, which is the going rate, and make it last a couple of days. Either they don't care, or simply don't give consideration to the way it reached them. They just roll a pinch of it up in a page torn from their Bible's book of Revelation, light it with a double-A battery and some wire, and breathe deeply. And if, by some chance, there wafts up a whiff of campground outhouse as they take that first puff, there might be a moment's grumbling, but nobody asks for their money back. Refunds are probably a real pain in the ass.