Public Counsel

THE COMMITTEE FOR PUBLIC COUNSEL SERVICES (CPCS) INNOCENCE PROGRAM, BOSTON POLICE FORENSIC DIVISION AND MASSACHUSETTS STATE POLICE CRIME LABORATORY SEEK TO EXPAND THEIR EXISTING HAIR REVIEW PROJECT TO INCLUDE CASES FROM 1970-1980 AND TO IDENTIFY ALL CASES FROM 1970-2000 IN WHICH SEROLOGY WAS USED TO SECURE A MURDER CONVICTION. THESE FORENSIC METHODS HAVE PRODUCED WRONGFUL CONVICTIONS PREMISED ON OVERSTATED OR INVALID FORENSIC ASSOCIATIONS THAT WERE LATER DISPROVED BY DNA TESTING. THIS PROJECT SEEKS TO IDENTIFY CASES IN WHICH DNA TESTING HAS THE POTENTIAL TO ESTABLISH FACTUAL INNOCENCE, AND TO IMPROVE REENTRY SUPPORT. IT WILL ENABLE THE PARTNERS TO COLLABORATE ON CASE IDENTIFICATION AND EVIDENCE LOCATION EFFORTS AND ALLOW CPCS TO IDENTIFY CASES IN WHICH DNA TESTING IS WARRANTED. THE LABS REQUIRE FUNDS TO SUPPORT OVERTIME COMPENSATION FOR EMPLOYEES WITH AN UNDERSTANDING OF INTERNAL EVIDENCE STORAGE AND TRACKING SYSTEMS AND TECHNICAL EXPERTISE REGARDING THE TYPES OF FORENSIC ANALYSES PERFORMED IN EACH CASE. CPCS REQUIRES STAFFING TO: (A) DETERMINE WHICH OF THE CASES FROM THE LABS RESULTED IN A CONVICTION; (B) LOCATE TRANSCRIPTS AND CASE FILES; (C) EVALUATE CASES TO DETERMINE WHETHER HAIR OR SEROLOGY EVIDENCE WAS MATERIAL TO THE CONVICTION AND IF DNA TESTING COULD SUPPORT INNOCENCE; AND (D) ESTABLISH AND TRAIN A PANEL OF LAWYERS TO NAVIGATE THE DNA TESTING PROCESS AND CONDUCT ANY RELATED LITIGATION. CPCS ALSO SEEKS STAFFING TO ENSURE MORE CONSISTENT ACCESS TO QUALIFIED ATTORNEYS BY DEFENDANTS SEEKING POST-CONVICTION DNA TESTING IN CASES ARISING OUT OF THIS PROJECT, THROUGH COURT REFERRALS, AND THROUGH DIRECT APPLICATIONS TO CPCS. IN 2012, MASSACHUSETTS PASSED ITS FIRST FORENSIC TESTING-BASED INNOCENCE LAW (CHAPTER 278A) WHICH CREATED AN EASIER PROCESS FOR DEFENDANTS TO ACCESS POST-CONVICTION DNA TESTING. SINCE THEN, THE DEMAND FOR POST-CONVICTION DNA TESTING HAS SIGNIFICANTLY OUTPACED THE AVAILABILITY OF ATTORNEYS WITH THE REQUISITE SCIENTIFIC EXPERTISE AND LITIGATION SKILLS TO LITIGATE THESE CASES, LEADING TO INCREASINGLY LONG WAIT TIMES AND A PROLIFERATION OF PRO SE LITIGATION. THIS PROJECT WOULD REMEDY THIS PROBLEM BY ESTABLISHING CPCS'S FIRST IN-HOUSE CHAPTER 278A PRACTICE THROUGH THE ADDITION OF A ROTATION ATTORNEY FROM THE TRIAL PUBLIC DEFENDER DIVISION OF CPCS. GRANT FUNDING WOULD ALSO SUPPORT RECRUITMENT EFFORTS AND TRAINING OF EXPERIENCED TRIAL LAWYERS TO ESTABLISH A CHAPTER 278A PANEL WITHIN THE PRIVATE COUNSEL DIVISION OF CPCS TO SUPPORT DNA TESTING CASES IDENTIFIED BY THIS PROJECT, AS WELL AS AUGMENT SUPPORT OF REENTRY NEEDS.

MASSACHUSETTS POSTCONVICTION DNA TESTING ASSISTANCE PROGRAM

THE COMMITTEE FOR PUBLIC COUNSEL SERVICES INNOCENCE PROGRAM (CPCS) AND THE BOSTON COLLEGE INNOCENCE PROGRAM (BCIP) HAVE COLLABORATED AND SECURED THE RELEASE AND EXONERATION OF DOZENS OF WRONGFULLY CONVICTED INDIVIDUALS. CPCS AND BCIP HAVE ESTABLISHED AN INNOVATIVE DATA PROJECT AND SUPPORTED CRITICAL LAW AND POLICY REFORMS. THESE SUCCESSES HAVE LED THEM TO IDENTIFY THE FOLLOWING THREE AREAS OF NEED: THE UNDERREPRESENTATION OF FEMALE IN WRONGFUL CONVICTION CASES; THE INADEQUACY OF EXISTING POST-CONVICTION DISCOVERY PRACTICES AND PROTOCOLS TO ENSURE ACCESS TO EVIDENCE OF POLICE AND PROSECUTORIAL MISCONDUCT; AND THE NEED FOR INNOVATIVE STRATEGIES TO RESPOND TO THE ALARMING NUMBER OF WRONGFUL CONVICTIONS IN SUFFOLK COUNTY STEMMING FROM MISCONDUCT BY THE BOSTON POLICE DEPARTMENT. BJA FUNDS WILL BE USED TO SUPPORT THE FOLLOWING AREAS OF NEED: STAFFING AT CPCS AND BCIP; CONTRACTING WITH DIRECTLY IMPACTED PERSONS AND EXPERIENCED LITIGATORS; DEVELOPING AND IMPLEMENTING RESEARCH-BASED IMPROVEMENTS TO OUTREACH AND CASE SCREENING PROTOCOLS TO INCREASE ACCESS TO LEGAL ASSISTANCE OF WRONGFULLY CONVICTED WOMEN; EXPANDING CPCS PRE-EXISTING DATA PROJECT TO BETTER IDENTIFY PATTERNS OF OFFICIAL MISCONDUCT DISPROPORTIONATELY IMPACTING BLACK, INDIGENOUS, AND PEOPLE OF COLOR AND TO GENERATE DATA TO IMPROVE SCREENING AND LITIGATING INNOCENCE CASES AND SUPPORT DISCOVERY REFORM; AND INCORPORATING WESTLAWS NEW ARTIFICIAL INTELLIGENCE ASSISTANT, CO-COUNSEL, INTO ANALYSIS OF DATA COLLECTED BY CPCS AND BCIP TO IMPROVE EFFORTS TO IDENTIFY PATTERNS OF OFFICIAL MISCONDUCT. IN ADDITION, CPCS AND BCIP SEEK FUNDING TO MAINTAIN AN INDEPENDENT SOURCE OF INVESTIGATORS AND EXPERTS FOR USE IN CASES WHERE THERE IS A NEED FOR PROFESSIONAL INVESTIGATORS AND/OR EXPERT WITNESSES TO IDENTIFY OR LITIGATE A MERITORIOUS INNOCENCE CLAIM.

WRONGFUL CONVICTION UNIT PROJECT

THE LEGAL ASSISTANCE FOR VICTIMS (LAV) GRANT PROGRAM, AUTHORIZED BY 34 U.S.C. 20121, IS INTENDED TO INCREASE THE AVAILABILITY OF CIVIL AND CRIMINAL LEGAL ASSISTANCE NEEDED TO EFFECTIVELY AID VICTIMS (AGES 11 AND OLDER) OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING BY PROVIDING FUNDS FOR COMPREHENSIVE DIRECT LEGAL SERVICES TO VICTIMS IN LEGAL MATTERS RELATING TO OR ARISING OUT OF THAT ABUSE OR VIOLENCE. LEGAL ASSISTANCE INCLUDES ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING IN: A) FAMILY, TRIBAL, TERRITORIAL, IMMIGRATION, EMPLOYMENT, ADMINISTRATIVE AGENCY, HOUSING MATTERS, CAMPUS ADMINISTRATIVE, OR PROTECTION OR STAY AWAY ORDER PROCEEDINGS, AND OTHER SIMILAR MATTERS; B) CRIMINAL JUSTICE INVESTIGATIONS, PROSECUTIONS, AND POST-TRIAL MATTERS (INCLUDING SENTENCING, PAROLE, AND PROBATION) THAT IMPACT THE VICTIMS SAFETY AND PRIVACY; C) ALTERNATIVE DISPUTE RESOLUTION, RESTORATIVE PRACTICES, OR OTHER PROCESSES INTENDED TO PROMOTE VICTIM SAFETY, PRIVACY, AND AUTONOMY; AND D) POST-CONVICTION RELIEF PROCEEDINGS IN STATE, LOCAL, TRIBAL, OR TERRITORIAL COURT WHERE THE CONVICTION OF A VICTIM IS RELATED TO OR ARISING FROM DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, OR SEX TRAFFICKING. 34 U.S.C. 12291(A)(24)(C). THROUGH THIS CONTINUATION LEGAL ASSISTANCE FOR VICTIMS PROJECT, PUBLIC COUNSEL, IN PARTNERSHIP WITH JENESSE CENTER, WILL PROVIDE LEGAL REPRESENTATION TO VICTIMS AND SURVIVORS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND/OR STALKING IN LOS ANGELES COUNTY, KERN COUNTY, ORANGE COUNTY, RIVERSIDE COUNTY, VENTURA COUNTY, AND SAN BERNADINO COUNTY, CALIFORNIA. THIS AWARD IS A CONTINUATION OF 15JOVW-21-GG-00403-LEGA.

MASSACHUSETTS MICROSCOPIC HAIR ANALYSIS REVIEW PROJECT

MASSACHUSETTS INNOCENCE AND CONVICTION INTEGRITY COLLABORATION

THE COMMITTEE FOR PUBLIC COUNSEL SERVICES AND THE BOSTON COLLEGE INNOCENCE PROGRAM HAVE COLLABORATED EFFECTIVELY TO REMEDY AND PREVENT WRONGFUL CONVICTIONS ACROSS MASSACHUSETTS. THIS UNIQUE PARTNERSHIP BETWEEN THE STATE-WIDE INDIGENT PUBLIC DEFENSE AGENCY AND NEW ENGLAND'S ONLY LAW SCHOOL POSTCONVICTION INNOCENCE CLINIC HAS VACATED THE WRONGFUL CONVICTIONS OF  24 PEOPLE, 18 OF WHOM HAVE BEEN FULLY EXONERATED. THEY HAVE ALSO BEEN INSTRUMENTAL IN SYSTEMIC REFORMS IN THE AREAS OF RACIAL BIAS, EYEWITNESS MISIDENTIFICATION, FLAWED FORENSICS, INCENTIVIZED FALSE TESTIMONY, EXONEREE SUPPORT, AND CREATION OF CONVICTION INTEGRITY PROGRAMS. JUDICIOUS USE OF FEDERAL GRANT FUNDING HAS BEEN KEY TO EACH OF THESE SUCCESSES.   THESE DEVELOPMENTS AND DATA FROM THE PROGRAMS' CASES REVEAL CHALLENGES AND OPPORTUNITIES RELATING TO RACIAL EQUITY AND BARRIERS TO ACCESS FOR THE MOST VULNERABLE CLIENTS THAT THE CPCS/BCIP COLLABORATION IS UNIQUELY POSITIONED TO ADDRESS. FIRST, THE PROGRAMS' GROWING NUMBER OF APPLICATIONS AND CASES IN ACTIVE LITIGATION REQUIRES ADDITIONAL EXPERIENCED LITIGATORS WITH THE SPECIALIZED KNOWLEDGE AND SKILLS TO DEVELOP AND PRESENT INNOCENCE THESE CLAIMS TO COURTS AND CIUS. SECOND, THE STATUTORY FRAMEWORK GOVERNING POSTCONVICTION DISCOVERY AND EXPERT FUNDING REMAINS WOEFULLY INADEQUATE TO ENSURE THAT INNOCENCE LAWYERS HAVE ACCESS TO THE INFORMATION AND EXPERTISE THEY NEED TO REPRESENT THEIR CLIENTS. THIRD, IT IS NECESSARY TO EDUCATE PROSECUTORS AND JUDGES ON CONVICTION INTEGRITY PROGRAMS AND THEIR CAPACITY TO REMEDY AND PREVENT WRONGFUL CONVICTIONS. IN EACH OF THESE AREAS THERE IS SIMULTANEOUSLY AN URGENT NEED TO IDENTIFY AND ROOT OUT RACIAL BIAS THAT CAUSES WRONGFUL CONVICTIONS OR IMPEDES EFFORTS TO IDENTIFY AND REMEDY THEM. SEE PROGRAM NARRATIVE AT PAGES 1-2, 4, 7-8, 10-11, 14-15.   CPCS AND BCIP ARE POISED TO ADDRESS THESE CHALLENGES AND OPPORTUNITIES AT A SYSTEMIC LEVEL AND THEREFORE SEEK FUNDING TO 1) INCREASE STAFF CAPACITY AND TRAIN CPCS POST-CONVICTION PANEL ATTORNEYS TO SCREEN AND PRESENT INNOCENCE CLAIMS TO COURTS AND CIUS; 2) RETAIN FORENSIC EXPERTS AND COLLECT DATA REGARDING THE NEED FOR GREATER PUBLIC FUNDING FOR POSTCONVICTION INNOCENCE CLAIMS; 3) TRAIN MASSACHUSETTS PROSECUTION OFFICES TO CREATE CIUS WITH EVIDENCE-BASED BEST PRACTICES; AND 4) EDUCATE JUDGES ABOUT HOW, EVEN WITHIN THE ADVERSARY SYSTEM, IT IS POSSIBLE TO COLLABORATE TO IDENTIFY AND REMEDY ERRONEOUS CONVICTIONS. IN EACH OF THESE AREAS CPCS AND BCIP WILL CONTINUE COLLECTING DATA AND PURSUING PRACTICES AIMED AT ROOTING OUT RACIAL BIASES THAT CAUSE WRONGFUL CONVICTIONS AND IMPEDE EFFORTS TO IDENTIFY AND CORRECT THEM.

LEGAL ASSISTANCE FOR VICTIMS

MASSACHUSETTS STATEWIDE JUVENILE ADVOCACY PROJECT

MASSACHUSETTS EVIDENCE INVENTORY AND INNOCENCE CASE REVIEW PROJECT

MASSACHUSETTS INNOCENCE INVESTIGATION AND LITIGATION COLLABORATION

CPCS IMPROVING INDIGENT DEFENSE DELIVERY SYSTEMS

THE MASSACHUSETTS LEADERSHIP PROJECT: CAPITALIZING ON STRATEGIC ALLIANCES IN JUVENILE JUSTICE

MASSACHUSETTS AND NEW ENGLAND INNOCENCE COLLABORATION

MASSACHUSETTS COLLABORATION TO CORRECT WRONGFUL CONVICTIONS