The Report is available in Adobe .pdf format, as is a separate volume containing the Research. At its meeting yesterday, the Task Force on Indigent Defense voted to send the report to the Governor, legislative leaders, and the Texas Judicial Council.
Brandy Grissom writes, "Panel OKs Recommendations to Stop Wrongful Convictions," for the Texas Tribune.
The recommendations come from the Timothy Cole Advisory Panel on Wrongful Convictions, a committee lawmakers established in 2009 to study how and why innocent Texans wind up in prison. The panel's namesake died of an asthma attack while serving time for a rape he did not commit. In Texas, 43 people have been exonerated by DNA evidence, more people than in any other state.
The panel's recommendations include adopting a more scientific procedure for using eyewitness identification, requiring electronic recordings of inmate interrogations, allowing post-conviction DNA testing in all cases where such evidence is available and increasing funding for innocence projects. (Read the the full recommendations by clicking on the file to the right.)
Cole's mother and brother today lauded the recommendations and urged lawmakers to quickly pass bills that will prevent more tragedies like the one their family has endured.
"Now's the time for the Legislature to take this baton ... and move forward with expediency," said Cole's brother, Cory Session.
Cory Session's brief statement was quite emotional, reminding those present that his brother's appeal had been rejected by the Court of Criminal Appeals 20 years ago, in the very chamber where the Task Force met. He also noted that Governor Perry has talked with him mother three times, reiterating his support for the measures recommended by the panel.
A measure not recommended by the panel is the creation of a Texas Innocence Commission, in part because Governor Perry has repeatedly threatened to veto such a measure if passed by the legislature. Texas was the first state to introduce legislation to create an innocence commission following a scholarly article by Peter Neufeld and Barry Scheck, co-founders of the Innocence Project. State Senator Rodney Ellis turned the idea into legislation first introduced in 2003.
Texas Supreme Court Chief Justice Wallace Jefferson praised the panel's work and noted that he has spoken in favor of a Texas Innocence Commission in the past. He also cited the importance of discovery in both criminal and civil procedure. The panel's report makes recommends expanding the use of discovery in criminal cases. Currently, the practice varies by county. Some, notably Tarrant and Dallas County, have open file procedures that allow defense attorneys convenient access to information they are entitled to review. Most Texas counties do not have open file policies and are more restrictive.
The Task Force issued a news release following its meeting.
The Task Force also released the Timothy Cole Advisory Panel report and research details. This report was the work product of the Timothy Cole Advisory Panel on Wrongful Convictions that was created by HB 498 during the 81st Legislature in 2009. Named after Timothy Cole, the first Texan to be posthumously exonerated of a crime through DNA testing, the Panel was directed to advise the Task Force on Indigent Defense in the preparation of a study regarding the causes of wrongful convictions and make recommendations to prevent future wrongful convictions. The Panel specifically addressed eyewitness identification procedures, the recording of custodial interrogations, open discovery policies, post-conviction procedures, and the feasibility of creating an innocence commission to investigate wrongful convictions. The report and recommendations will be presented to the Governor, Lieutenant Governor, Speaker of the House, and standing committees with members on the Panel.
Earlier coverage of the panel and of Tim Cole's case begins with this post.
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