Texas has made many headlines in recent years for the spate of exonerations of wrongfully convicted men. In most of these cases, fortuitous turns of events, along with the hard work of innocence advocates, led to solid proof that eyewitness evidence was mistaken. The same is true in the latest case, in which a Dallas judge released two men based on evidence developed by students at two of the state’s university-based innocence projects.
Claude Simmons Jr. and Christopher Scott were released from custody in Dallas on October 23 based on new evidence of innocence, including the corroborated confession of one of the true perpetrators. According to prosecutors, it was mistaken eyewitness testimony that convicted the men for a 1997 murder. The two had already served over a decade of their life sentences when the innocence project students persuaded Dallas D.A. Craig Watkins to review the cases and pursue the exonerating evidence.
These latest exonerations are noteworthy for the lack of DNA evidence in the case. To date, forty-one innocent Texans have been cleared by DNA. By all accounts, those men were lucky, despite the profound injustices they suffered. In each of their cases, biological evidence existed with the potential to clearly identify the perpetrator. That evidence was collected and, unlike the evidence in thousands of Texas cases, was not lost or destroyed. Finally, innocence advocates agreed to take their cases from the thousands of requests for assistance that they receive every year. The stars had to align to give those men the opportunity to be vindicated.
It is only because the crime was solved these many years later that Simmons and Scott walk free today. It is easy to imagine that the true perpetrator who confessed to the crime might not have ever done so. It is easy to imagine that the innocence advocates might never have accepted their case from the sea of requests because of a lack of forensic evidence. It is easy to imagine that the D.A.’s office would not be inclined to cooperate like Watkins’ office did. In short, it is all too easy to imagine that the injustice inflicted on Scott and Simmons would never have come to light.
But it did. And their good fortune gives us yet another example of how fallible eyewitness evidence can be, and one more reason to insist that we implement the kinds of police procedures that have been proven to reduce the risk of eyewitness error.
The Dallas Police Department deserves great credit for implementing new eyewitness identification procedures earlier this year that include best practices designed to increase accuracy. Several other departments across the state, including the Richardson Police, have also embraced more accurate lineup protocols in response to their experience with a wrongful conviction. The vast majority, however, still handle identification procedures with the traditional protocols developed without the benefit of any of the extensive scientific research in recent decades on eyewitness memory and how it can go wrong.
Accurate evidence is too important to be optional, and Texas needs a law requiring that police follow more reliable eyewitness protocols. Without it, we can be sure to discover other innocent people in prison, with luck, like needles in a haystack. We can also be sure that there will be others we will never know about.
Edwin Colfax is the State Policy Director of The Justice Project, a nonpartisan organization that works to increase fairness and accuracy in the criminal justice system.



10 Comments




Has any woman ever been found innocent and released after an innocence project style investigation? Just curious because you referred to all 41 as men. Considering the crimes they are likely to be falsely convicted of the ratio of men to women in prisons is I guess, something like that same number (ie forty to one) so I don’t know if the number is statistically significant, but then these are just Texas numbers…
At any rate it seems fair to say this is an issue (release after false conviction and long term imprisonment) which effects men almost exclusively, even though it would not normally be said to be a men’s issue. The gender discrimination of the justice system is invisible if people don’t make a point of mentioning it. Certainly if it was 41 women and no men proven innocent you can bet it would be a cause taken up by feminists.
Obviously the feminists have no interest in equality for men.
One must first asked when and where this became a referendum on feminism? Just asking.
More on point, though, does this writer live in Texas? I’ve lived in Manhattan for many years, but I was raised in rural Texas and worked as a campaign organizer for Democrats ’08 in the very town where the state of Texas kills people. Unless you’ve had that particular experience you cannot begin to appreciate how attached to capital punishment people there are. The state kills fours times as many people as any other state and virtually all are poor and/or of color. Evidence is sloppy and generally speaking, no one ever looks back.
During the election I registed very thoughtful, literate people of color who had never voted because there were authority figures who had actively “discouraged” their participation. This election was of special significance to them and I and my colleagues intervened in several unfortunate situations to get them to the polls. If authorities will do this over an election in many areas of the state why would anyone think they would not ruin a life to close a case.
If you have a doubt reference the current case where Governor Perry ignored exculpatory evidence days before the execution and dismissed the experts the state hired to review forensic evidence which ultimately proved the deceased innocent. This is common knowledge and may do nothing to hinder Governor Perry’s re-election in Texas. Should the Federal Government intervene, it will be viewed by many there as an invasion into state’s rights.
So, the issues here are clearly bigger than whether feminists don’t work as hard for men. Don’t try to reduce a mass miscarriage of human rights to suit one’s own pet peeves.
Did you mean to say virtually all are men? Men make up a higher proportion than the poor or black.
I am simply pointing out that the gender one party state of the US (ie feminism) makes justice for men much harder to achieve because men are second class citizens judged unworthy of protection. There’s systematic sex discrimination going on here and that is the root cause of these issues. Feminism has long sought to present an image of men as savage violent thugs and the result is that when men’s rights are violated by the state, as happens far more often than it does for women, few care.
In don’t wish to judge the relative merits of the issues, but I do wish to note in passing that examples like this prove feminism is not an equality movement, and in fact often acts against equality.
But the connection is this: by claiming to represent gender equality when they only represent rights for women or female supremacy, feminists suck the air out of the room for any discussion of men’s rights. As a result of men’s rights advocates being shut down by feminists, issues like this get little support from anyone. Had there been a genuine equality movement for both genders, or if feminism had allowed the men’s rights movement to develop instead of jealously attacking it (as you seem to be doing here), these injustices and many others like it, would get more attention.
The reason these are men is that, in Texas, most people arrested for violent crimes are men. What I can assure you of is that, in a state where being a high-income, white male pretty much guarantees that you will avoid this fate, no matter what heinous thing one might do. Really, being poor is the biggest strike against anyone in Texas: black, brown, white, male, female… It doesn’t matter. If the well-fed deem anyone unworthy of association or compassion, they will be very likely to consider death an appropriate recourse. Or they’ll just lock you in “the Walls” indefinitely.
Yes of course mostly its men arrested because the justice system is incredibly biased. Men suffer worse bias than blacks do even. Worse than the poor do. It’s the number one source of discrimination in the system. Just look at the figures. Something like 13:1 for imprisonment and 100:1 for state executions. The ratio for race is much less.
But just as racists like the KKK use arrest statistics to “prove” blacks are more criminal and violent, you feminists use arrest figures to “prove” men are more criminal and violent. That’s some equality movement you got there sister.
You assume I’m a feminist. Interesting. I merely stated the facts.
gayle anyone that disagrees is either a feminist (whom he hates) or is attacking him personally. don’t waste your time trying to engage.
yeah, i got that, but thanks.
Uhuh. So you’re saying you’re not a feminist? If that’s the case I apologise for calling you that.