Dave Eggers - Surviving Justice
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Paul Terry, who spent twenty-seven years wrongfully imprisoned, and emerged psychologically devastated and barely able to communicate.
Beverly Monroe, an organic chemist who was coerced into falsely confessing to the murder of her lover. Free after seven years, she faces the daunting task of rebuilding her life from the ground up.
Joseph Amrine, who was sentenced to death for murder. Seventeen years later, when DNA evidence exonerated him, Amrine emerged from prison with nothing but the fourteen dollars in his inmate...
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AMERICAS WRONGFULLY CONVICTED AND EXONERATED
EDITED BY
LOLA VOLLEN AND DAVE EGGERS
ASSOCIATE EDITORS
NORIA JABLONSKI AMY JOHNSON MARC HERMAN
MICHAEL McCARRIN STEVE SANDER SARAH STEWART TAYLOR
Interviews and reporting completed by students at the
University of California, Berkeley, Graduate School of Journalism
NEIL BERMAN LEONIE SHERMAN
SARAH WIENER-BOONE JONATHON JONES MICHAEL CHANDLER
KRISTA MAHR ARWEN CURRY JORI LEWIS
TRACI CURRY ELLA McPHERSON REBECCA GOLDMAN
KHUSHBU SHAH NICOLE HILL ANNA SUSSMAN
Additional reporting
DOMINIC LUXFORD ALEX CARP CANDACE CHEN
JAMES BARMANN CHRIS YING JORDAN BASS
EMILY TAGUCHI KLIGENSMITH
This edition first published by Verso 2017
Voice of Witness 2008, 2017
All rights reserved
The moral rights of the authors have been asserted
1 3 5 7 9 10 8 6 4 2
Verso
UK: 6 Meard Street, London W1F 0EG
US: 20 Jay Street, Suite 1010, Brooklyn, NY 11201
versobooks.com
Verso is the imprint of New Left Books
ISBN-13: 978-1-78663-224-1
ISBN-13: 978-1-78663-222-7 (UK EBK)
ISBN-13: 978-1-78663-223-4 (US EBK)
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book is available from the Library of Congress
Printed in the US by Maple Press
EXPERT CONSULTATION AND ASSISTANCE
EDWARD BLAKE
Forensic Science Associates
ERNEST DUFF
Executive Director, Life after Exoneration Program
TEENA FARMON
Former warden, Central California Womens Facility
THOMAS L. GOLDSTEIN
Exoneree
DR. TERRY KUPERS
Psychiatrist, Professor The Wright Institute
STEFAN KRUG
Professor Simmons College
LAWRENCE C. MARSHALL
Professor, Stanford Law School
NATASHA MINSKER
Death Penalty Policy Director, American Civil Liberties Union of Northern California
BARRY C. SCHECK
Co-founder, The Innocence Project
LEGAL CONSULTATION AND ASSISTANCE
JANICE BRICKLEY
Supervising Attorney. Golden Gate University Innocence Project
JUDI CARUSO
Director, Juan Melendez Voices United for Justice
KAREN DANIEL
Senior Staff Attorney Northwestern Center on Wrongful Convictions
MADELINE DELONE
Executive Director The Innocence Project
JON ELDAN
Legal Coordinator, Life After Exoneration Program
JILL GIBSON
Paralegal, Public Interest Litigation Clinic
BRIAN GRAY
Law Professor, University of California, Hastings
SUSAN GRAY
Attorney
RAY HASU
Attorney, Morrison and Foerster
GEOFFREY HAYNES AND COURTNEY NOBLE
Law Firm of Shartsis Friese, LLP
JILL KENT
Staff Attorney, Northern California Innocence Project at Santa Clara University
LAURENCE O. MASSON
Attorney, Lurence O. Masson Law Offices
SEAN D. OBRIEN
President and Executive Director, Public Interest Litigation Clinic
JOHN PRAY
Associate Professor University of Wisconsin Law School
KATHLEEN RIDOLFI
Director, Northern California Innocence Project at Santa Clara University
SUSAN RUTBERG
Director, Golden Gate University Innocence Project
WILLIAM SOTHERN
Staff Attorney Capital Appeals Project
CHRISTINA SWARNS
Director, Criminal Justice Project, NAACP Legal Defense & Educational Fund
JIM WAGSTAFFE
Attorney and Partner, Kerr and Wagstaffe
ROB WARDEN
Executive Director Center on Wrongful Convictions at Northwestern University
ELIZABETH ZITRIN, J.D.
PROOFREADERS: Aime Macpherson, Otto Saumarez-Smith. COPY EDITOR: Libby Stephens, Sarah Manguso. OTHER: Dave Levin, Natalie Davis, George Slavik, Alvaro Villanueva, Brian McMullen, Jordan Bass, Andrew Leland, Eli Horowitz. ILLUSTRATIONS: Lart Cognac Berliner. PRODUCTION MANAGER: Chris Ying. MANAGING EDITOR: Colin Dabkowski. FOUNDING EDITORS: Dave Eggers, Lola Vollen.
Voice of Witness (VOW) is a nonprofit dedicated to fostering a more nuanced, empathy-based understanding of contemporary human rights issues. We do this by amplifying the voices of people most closely affected by injustice in our oral history book series, and by providing curricular and training support to educators and invested communities. Visit voiceofwitness.org for more information.
EXECUTIVE DIRECTOR & EXECUTIVE EDITOR: Mimi Lok
MANAGING EDITOR: Luke Gerwe
EDUCATION PROGRAM DIRECTOR: Cliff Mayotte
EDUCATION PROGRAM ASSOCIATE: Erin Vong
CURRICULUM SPECIALIST: Claire Kiefer
RESOURCE DEVELOPMENT ASSOCIATE: Natalie Catass
CO-FOUNDERS
DAVE EGGERS
Founding editor, Voice of Witness; co-founder of 826 National; founder of McSweeneys Publishing
MIMI LOK
Co-founder, Executive Director & Executive Editor, Voice of Witness
LOLA VOLLEN
Founding editor, Voice of Witness; founder & Executive Director, The Life After Exoneration Program
VOICE OF WITNESS BOARD OF DIRECTORS
IPEK S. BURNETT
Author; depth psychologist
MIMI LOK
Co-founder, Executive Director & Executive Editor, Voice of Witness
CHARLES AUTHEMAN
Co-founder, Labo des Histoires
KRISTINE LEJA
Chief Development Officer, Habitat for Humanity, Greater San Francisco
NICOLE JANISIEWICZ
Attorney, United States Court of Appeals for the Ninth Circuit
JILL STAUFFER
Associate Professor of Philosophy; Director of Peace, Justice, and Human Rights Concentration, Haverford College
TREVOR STORDAHL
Senior Counsel, VIZ Media; intellectual property attorney
by Scott Turow
Now and then when Im asked to say what I think the law is for, meaning what use it actually is for humans, I answer that law is meant to make the little piece of existence that people can actually control more reasonable. The universe will continue to contain impulses to chaos and humanity will always be full of folly. But we dignify civilization with the hope that our communities will operate by standards that most of us regard as rational.
Which goes to explain why we are so peculiarly horrified by the notion of imprisoning the innocent, or even worse, condemning a guiltless person to death. Law cannot go any farther off the tracks. Our criminal justice system is supposed to err on the side of innocence, sifting the clearly guilty from those less-obviously culpable. In the same vein, the death penalty, whatever one thinks of it, is intended, even by its proponents, for the so-called worst of the worstthose cases where there is not the slightest ambiguity about the moral blameworthiness of the defendant. Imprisoningor condemningthe innocent exposes a host of procedural defects in our criminal justice system: the manner in which confessions are obtained and the vulnerabilities that prompt some persons to confess falsely; the reliability of eyewitnesses; the way investigators sometimes predetermine who committed a crime; the occasional inadequacy of appointed counsel; the overreaching zeal of some prosecutors; and, of course, the pervasive and distorting effects of race. But these mistakes are also a sobering reminder to everybody who makes his life in and around the law about the very limits of the enterprise. Justice must be our eternal aspiration, but we should greet skeptically those who ever claim its been fully achieved. Even if we were to do much, much better, we would still tragically miss the mark on occasion.
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