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Three Bills on Governor Schwarzenegger's Desk Can Safeguard Against Wrongful Convictions in California
By John F. Terzano
President
The Justice Project
Health care reform may have stalled in California, but Governor Schwarzenegger still has a chance to make the state a leader in fixing a national problem: wrongful convictions. Three major criminal justice reform bills are now on the Governor's desk. The measures are designed to safeguard against wrongful convictions by making practical changes to eyewitness identification procedures, reforming the process by which confessions are attained, and regulating the use of jailhouse snitch testimony.
With more than 200 exonerations to date in California it is critical that measures are enacted before more mistakes are made. The governor has the ability to not only protect the innocent but enhance public safety and the integrity of California's law enforcement by signing these important bills into law, and setting a standard for the nation.
The first in this trio of vital legislation-Senate Bill 756-addresses the development of new guidelines for statewide eyewitness identification procedures.
Eyewitness identification is notably unreliable. Study after study has shown that faulty eyewitness identification is one of the most common causes of wrongful conviction. In fact, it has played a pivotal role in 75% of the cases nationwide where DNA later exonerated the person convicted. See The Justice Project's policy review Improving Eyewitness Identification Procedures for more information.
Practical changes to identification procedures like cautionary instructions to witnesses, effective use of fillers, full documentation of lineup procedures, witness statements of certainty, and double-blind administration can significantly improve the accuracy of eyewitness identifications.
In addition to this critical reform, recording custodial interrogations (Senate Bill 511) and corroborating jailhouse snitch testimony (Senate Bill 609) have been shown to help prevent wrongful convictions.
False confessions have played a significant role in wrongful convictions in California, and in approximately 20% of wrongful convictions nationwide. Because confessions are often viewed as the most powerful evidence at trial, other types of evidence that point to a defendant's innocence might be disregarded in lieu of a confession. Decades of psychological research have demonstrated how some traditional and aggressive interrogation techniques can lead to false confessions. Senate Bill 511 will require electronic recording of interrogations in both juvenile and adult cases and will protect law enforcement from false claims of coercion or abuse by providing an objective record. For more information see The Justice Project's policy review Electronic Recording of Custodial Interrogations.
Senate Bill 609 would require corroboration for jailhouse snitch testimony, meeting one of the best practices for reforming the use of snitch testimony identified in The Justice Project's newest release, Jailhouse Snitch Testimony: A Policy Review. Jailhouse snitch testimony is widely regarded as the least reliable form of evidence in the criminal justice system. Higher standards for admitting snitch testimony at trial must be put in place to protect the innocent.
Law enforcement, prosecutors, and the community will all benefit from the adoption of these three reform measures. Implementation of these bills will result in stronger prosecutions, more efficient proceedings, and more reliable outcomes in criminal cases giving the public greater confidence in the criminal justice system.
Given the many documented cases of injustice in California and across the nation, the need for improvements within the criminal justice system is especially great. The time is now for Governor Schwarzenegger to take a step forward toward criminal justice reform. We hope that he will see the benefits of these bills to California and the nation and sign them into law.
John F. Terzano is the President of The Justice Project, a nonpartisan organization that works to address unfairness and inaccuracy in the criminal justice system, with a focus on the capital punishment system.
Comments
My fiance was wrongly convicted of a sex crime back in 2001. He was interogated while under the influence of some perscriptions that caused him to helucinate and not have any sense of reality then forced to sign a plea agreement with the state. He now has to register as a sex offender for the rest of his life. The state also unlawfully added 2 years on to his parole which we have been fighting since it means our family has to be separate and have no contact until he's released. We just had a baby 2 months ago and he hasn't been able to hold her...he got to see her once for a minute. The state of California needs to get their crap together and stop these illegal interogations and wrongful convictions!!!
Posted by: Shari at September 29, 2007 12:58 PM
By all means sign this legislation into law Governor and stop the abusive practices by Law enforcment and County DAs. It is looong overdue.
Forget the politics and just do the right thing here.
Many are suffering injustices, including their families, whom cannot afford the high dollar lawyers to defend them.
THank you...
Posted by: Larry Phipps at September 29, 2007 02:17 PM
Regarding Shari's comments I also was convicted of sex crimes in Napa, that will soon blow the the entire legal system in Napa out of the water. My original defense attorney too $50.000.00 from my parents and 8 months later accepted a position with the DA's office prosecuting me. The County Court reporter preparing my transcripts was involved in a dispute with her then fiance and he threw all my transcripts and tapes into the rain and destroyed over 700 pages of transcripts and just imagine the only part that was destroyed was all the defense testimony and a great deal of evidence motions. I have copies of letter's the trail judge wrote to the county counsel asking for advise on the matter and stated that " To say this is a tremendous problem would be an understatement" as my case was in all the local papers and would most likely create a mis-trial but it was all swept under the carpet and off to prison I went for nine years and to top it off my Jury foreman was an ex-felon so do the math on this tremendous travesty of justice that will soon be seen and heard on Court TV and beyond.
Posted by: Chris at September 29, 2007 11:07 PM
Tuesday October 9, 2007
It's not just about wrongful convictions that ruins lives. Wrongful accusations are just as dangerous and the incompetent authorities thrive on these kinds of cases.
Authorities will do just about anything to make their case and to cover-up their mistakes...abuse of authority.
Shame on America.
Posted by: JOE at October 9, 2007 04:51 PM
Tuesday October 9, 2007
It's not just about wrongful convictions that ruins lives. Wrongful accusations are just as dangerous and the incompetent authorities thrive on these kinds of cases.
Authorities will do just about anything to make their case and to cover-up their mistakes...abuse of authority.
Shame on America.
Posted by: JOE at October 9, 2007 04:51 PM
October 10, 2007
To Whom It May Concern:
My brother James A. Loaiza was convicted of first-degree murder in 2003, for the 2001 murder of Nicholas Lopez. My brother James was found guilty by a jury trial. We exhausted all our remedies for relief. We spent approximately $35,000.00, and have had some progress. Though our progress was not through any representation of law, we did have progress in our private investigator (Luis Orellena Investigations).
My brother James was found guilty with no physical evidence. Though the prosecution had called aproximently 6 eyewitnesses who alleged they seen the murder suspect, they could not identify James as the shooter or even one of the five alleged suspects who accompanied the shooter. The prosecution called witness Jose Abundis (Jose Abundis lived about three blocks away from the murder scene) who made a 911 call the night of the murder and around the time of the murder. Jose’s testimony was he had called 911 because he seen people in his backyard that night hiding. Jose stated that one of the persons hiding in his backyard was James. Jose also stated he knew James though mutual friends. Jose Abundis testimony was crucial to the prosecutions case, because it put James around the scene of the murder at around the same time of the murder. Luis Investigations uncovered new evidence. The 911 call made that night by Jose Abundis that the jurors never heard. The 911 call clearly shows that the witness Jose Abundis never seen James in his backyard. In fact, Jose is asking his mother, “what are they wearing”, ”how many are there”. Then Jose’s mother gets on the phone with the 911 operator and says, “there is no one in my backyard, it sounds like their in the Sheraton hills”, “it sounds like their fighting up there”. Luis Investigations also found that the witness Jose Abundis told homicide detectives that his friend David Gomez admitted to shooting the victim Nicholas Lopez. Jose told homicide detectives that he did not believe his friend David Gomez. Luis Investigations also uncovered that David Gomez was arrested and convicted at a later date on another murder charge along with three others.
The prosecution also called another witness Michael Fonderina. Michael testified that he knew James because they’re from the same gang. Yet during trial when Michael was shown photos of other members of the gang he alleged he was from, he did not know any of them except for my brother James. Luis Orellana Investigations uncovered that Michael was actually from a different gang through an interview with Michael’s sister and brother in-law. During trial a video taped interview with homicide detectives and Michael Fondrina was played. The beginning of the tape starts with a detective saying, “you remember what we talked about yesterday, right?”(My thoughts: what did they talk about yesterday and why wasn’t that interview recorded?) Then at the end of the interview the detective says, “now we didn’t promise you anything, right?” Then Michael says, “No, just that I get to go home today, right?” Michael was in jail facing a gun charge and possession of drugs for sales charge. Michael was facing his third strike, and a possible life in prison. After giving this statement to homicide detectives he was allowed to go home.
Luis Orellana Investigations also was able to get in contact with another witness whom the prosecution called to the witness stand. Larry testified at trial that he did not know James Loaiza, but seen him around the neighborhood before. Larry Lopez was a minor at the time when the homicide detectives interviewed him. Luis Orellena Investigations went over the audio interview tapes of homicide detectives and Larry Lopez. In the interview Larry Lopez admits to being at the murder scene but that he was not the shooter. No charges were ever filed on Larry Lopez. P.I. Luis Orellana talked to Larry Lopez on the phone. P.I. Luis Orellana told Larry Lopez that he knows he was there the night of the murder. P.I. Luis Orellana asked Larry if James Loaiza was the shooter or if James Loaiza has any involvement with the murder of Nicholas Lopez. Larry Lopez told P.I. Luis Orellana, James Loaiza is not the shooter and James had no involvement.
James Loaiza was an ex parolee who served time for a grand theft auto charge. James held a job from the time he was paroled until the time of his incarceration on this new charge of murder. At the time of the murder of Nicholas Lopez, James worked for California Communications and earned several certificates in communications. James was also engaged to be married. James had obviously started to become a productive citizen.
I am writing this letter on behalf of my brother. I have no more money to keep the investigation going or even to hire a lawyer. All I have is my faith that God will open up hearts and minds ……..and……..eventually doors. So that my brothers injustice will be known and James will be set free. James and I thank you deeply for your time. If you find it in your heart to help you can reach me at HM (909) 613-0014/CL (215) 208-3123 or email rasilojr@hotmail.com
Sincerely, Raymond Loaiza
Posted by: Raymond Loaiza at October 12, 2007 08:11 PM
October 10, 2007
To Whom It May Concern:
My brother James A. Loaiza was convicted of first-degree murder in 2003, for the 2001 murder of Nicholas Lopez. My brother James was found guilty by a jury trial. We exhausted all our remedies for relief. We spent approximately $35,000.00, and have had some progress. Though our progress was not through any representation of law, we did have progress in our private investigator (Luis Orellena Investigations).
My brother James was found guilty with no physical evidence. Though the prosecution had called aproximently 6 eyewitnesses who alleged they seen the murder suspect, they could not identify James as the shooter or even one of the five alleged suspects who accompanied the shooter. The prosecution called witness Jose Abundis (Jose Abundis lived about three blocks away from the murder scene) who made a 911 call the night of the murder and around the time of the murder. Jose’s testimony was he had called 911 because he seen people in his backyard that night hiding. Jose stated that one of the persons hiding in his backyard was James. Jose also stated he knew James though mutual friends. Jose Abundis testimony was crucial to the prosecutions case, because it put James around the scene of the murder at around the same time of the murder. Luis Investigations uncovered new evidence. The 911 call made that night by Jose Abundis that the jurors never heard. The 911 call clearly shows that the witness Jose Abundis never seen James in his backyard. In fact, Jose is asking his mother, “what are they wearing”, ”how many are there”. Then Jose’s mother gets on the phone with the 911 operator and says, “there is no one in my backyard, it sounds like their in the Sheraton hills”, “it sounds like their fighting up there”. Luis Investigations also found that the witness Jose Abundis told homicide detectives that his friend David Gomez admitted to shooting the victim Nicholas Lopez. Jose told homicide detectives that he did not believe his friend David Gomez. Luis Investigations also uncovered that David Gomez was arrested and convicted at a later date on another murder charge along with three others.
The prosecution also called another witness Michael Fonderina. Michael testified that he knew James because they’re from the same gang. Yet during trial when Michael was shown photos of other members of the gang he alleged he was from, he did not know any of them except for my brother James. Luis Orellana Investigations uncovered that Michael was actually from a different gang through an interview with Michael’s sister and brother in-law. During trial a video taped interview with homicide detectives and Michael Fondrina was played. The beginning of the tape starts with a detective saying, “you remember what we talked about yesterday, right?”(My thoughts: what did they talk about yesterday and why wasn’t that interview recorded?) Then at the end of the interview the detective says, “now we didn’t promise you anything, right?” Then Michael says, “No, just that I get to go home today, right?” Michael was in jail facing a gun charge and possession of drugs for sales charge. Michael was facing his third strike, and a possible life in prison. After giving this statement to homicide detectives he was allowed to go home.
Luis Orellana Investigations also was able to get in contact with another witness whom the prosecution called to the witness stand. Larry testified at trial that he did not know James Loaiza, but seen him around the neighborhood before. Larry Lopez was a minor at the time when the homicide detectives interviewed him. Luis Orellena Investigations went over the audio interview tapes of homicide detectives and Larry Lopez. In the interview Larry Lopez admits to being at the murder scene but that he was not the shooter. No charges were ever filed on Larry Lopez. P.I. Luis Orellana talked to Larry Lopez on the phone. P.I. Luis Orellana told Larry Lopez that he knows he was there the night of the murder. P.I. Luis Orellana asked Larry if James Loaiza was the shooter or if James Loaiza has any involvement with the murder of Nicholas Lopez. Larry Lopez told P.I. Luis Orellana, James Loaiza is not the shooter and James had no involvement.
James Loaiza was an ex parolee who served time for a grand theft auto charge. James held a job from the time he was paroled until the time of his incarceration on this new charge of murder. At the time of the murder of Nicholas Lopez, James worked for California Communications and earned several certificates in communications. James was also engaged to be married. James had obviously started to become a productive citizen.
I am writing this letter on behalf of my brother. I have no more money to keep the investigation going or even to hire a lawyer. All I have is my faith that God will open up hearts and minds ……..and……..eventually doors. So that my brothers injustice will be known and James will be set free. James and I thank you deeply for your time. If you find it in your heart to help you can reach me at HM (909) 613-0014/CL (215) 208-3123 or email rasilojr@hotmail.com
Sincerely, Raymond Loaiza
Posted by: Raymond Loaiza at October 12, 2007 08:13 PM
October 10, 2007
To Whom It May Concern:
My brother James A. Loaiza was convicted of first-degree murder in 2003, for the 2001 murder of Nicholas Lopez. My brother James was found guilty by a jury trial. We exhausted all our remedies for relief. We spent approximately $35,000.00, and have had some progress. Though our progress was not through any representation of law, we did have progress in our private investigator (Luis Orellena Investigations).
My brother James was found guilty with no physical evidence. Though the prosecution had called aproximently 6 eyewitnesses who alleged they seen the murder suspect, they could not identify James as the shooter or even one of the five alleged suspects who accompanied the shooter. The prosecution called witness Jose Abundis (Jose Abundis lived about three blocks away from the murder scene) who made a 911 call the night of the murder and around the time of the murder. Jose’s testimony was he had called 911 because he seen people in his backyard that night hiding. Jose stated that one of the persons hiding in his backyard was James. Jose also stated he knew James though mutual friends. Jose Abundis testimony was crucial to the prosecutions case, because it put James around the scene of the murder at around the same time of the murder. Luis Investigations uncovered new evidence. The 911 call made that night by Jose Abundis that the jurors never heard. The 911 call clearly shows that the witness Jose Abundis never seen James in his backyard. In fact, Jose is asking his mother, “what are they wearing”, ”how many are there”. Then Jose’s mother gets on the phone with the 911 operator and says, “there is no one in my backyard, it sounds like their in the Sheraton hills”, “it sounds like their fighting up there”. Luis Investigations also found that the witness Jose Abundis told homicide detectives that his friend David Gomez admitted to shooting the victim Nicholas Lopez. Jose told homicide detectives that he did not believe his friend David Gomez. Luis Investigations also uncovered that David Gomez was arrested and convicted at a later date on another murder charge along with three others.
The prosecution also called another witness Michael Fonderina. Michael testified that he knew James because they’re from the same gang. Yet during trial when Michael was shown photos of other members of the gang he alleged he was from, he did not know any of them except for my brother James. Luis Orellana Investigations uncovered that Michael was actually from a different gang through an interview with Michael’s sister and brother in-law. During trial a video taped interview with homicide detectives and Michael Fondrina was played. The beginning of the tape starts with a detective saying, “you remember what we talked about yesterday, right?”(My thoughts: what did they talk about yesterday and why wasn’t that interview recorded?) Then at the end of the interview the detective says, “now we didn’t promise you anything, right?” Then Michael says, “No, just that I get to go home today, right?” Michael was in jail facing a gun charge and possession of drugs for sales charge. Michael was facing his third strike, and a possible life in prison. After giving this statement to homicide detectives he was allowed to go home.
Luis Orellana Investigations also was able to get in contact with another witness whom the prosecution called to the witness stand. Larry testified at trial that he did not know James Loaiza, but seen him around the neighborhood before. Larry Lopez was a minor at the time when the homicide detectives interviewed him. Luis Orellena Investigations went over the audio interview tapes of homicide detectives and Larry Lopez. In the interview Larry Lopez admits to being at the murder scene but that he was not the shooter. No charges were ever filed on Larry Lopez. P.I. Luis Orellana talked to Larry Lopez on the phone. P.I. Luis Orellana told Larry Lopez that he knows he was there the night of the murder. P.I. Luis Orellana asked Larry if James Loaiza was the shooter or if James Loaiza has any involvement with the murder of Nicholas Lopez. Larry Lopez told P.I. Luis Orellana, James Loaiza is not the shooter and James had no involvement.
James Loaiza was an ex parolee who served time for a grand theft auto charge. James held a job from the time he was paroled until the time of his incarceration on this new charge of murder. At the time of the murder of Nicholas Lopez, James worked for California Communications and earned several certificates in communications. James was also engaged to be married. James had obviously started to become a productive citizen.
I am writing this letter on behalf of my brother. I have no more money to keep the investigation going or even to hire a lawyer. All I have is my faith that God will open up hearts and minds ……..and……..eventually doors. So that my brothers injustice will be known and James will be set free. James and I thank you deeply for your time. If you find it in your heart to help you can reach me at HM (909) 613-0014/CL (215) 208-3123 or email rasilojr@hotmail.com
Sincerely, Raymond Loaiza
Posted by: Raymond Loaiza at October 12, 2007 08:13 PM
October 10, 2007
To Whom It May Concern:
My brother James A. Loaiza was convicted of first-degree murder in 2003, for the 2001 murder of Nicholas Lopez. My brother James was found guilty by a jury trial. We exhausted all our remedies for relief. We spent approximately $35,000.00, and have had some progress. Though our progress was not through any representation of law, we did have progress in our private investigator (Luis Orellena Investigations).
My brother James was found guilty with no physical evidence. Though the prosecution had called aproximently 6 eyewitnesses who alleged they seen the murder suspect, they could not identify James as the shooter or even one of the five alleged suspects who accompanied the shooter. The prosecution called witness Jose Abundis (Jose Abundis lived about three blocks away from the murder scene) who made a 911 call the night of the murder and around the time of the murder. Jose’s testimony was he had called 911 because he seen people in his backyard that night hiding. Jose stated that one of the persons hiding in his backyard was James. Jose also stated he knew James though mutual friends. Jose Abundis testimony was crucial to the prosecutions case, because it put James around the scene of the murder at around the same time of the murder. Luis Investigations uncovered new evidence. The 911 call made that night by Jose Abundis that the jurors never heard. The 911 call clearly shows that the witness Jose Abundis never seen James in his backyard. In fact, Jose is asking his mother, “what are they wearing”, ”how many are there”. Then Jose’s mother gets on the phone with the 911 operator and says, “there is no one in my backyard, it sounds like their in the Sheraton hills”, “it sounds like their fighting up there”. Luis Investigations also found that the witness Jose Abundis told homicide detectives that his friend David Gomez admitted to shooting the victim Nicholas Lopez. Jose told homicide detectives that he did not believe his friend David Gomez. Luis Investigations also uncovered that David Gomez was arrested and convicted at a later date on another murder charge along with three others.
The prosecution also called another witness Michael Fonderina. Michael testified that he knew James because they’re from the same gang. Yet during trial when Michael was shown photos of other members of the gang he alleged he was from, he did not know any of them except for my brother James. Luis Orellana Investigations uncovered that Michael was actually from a different gang through an interview with Michael’s sister and brother in-law. During trial a video taped interview with homicide detectives and Michael Fondrina was played. The beginning of the tape starts with a detective saying, “you remember what we talked about yesterday, right?”(My thoughts: what did they talk about yesterday and why wasn’t that interview recorded?) Then at the end of the interview the detective says, “now we didn’t promise you anything, right?” Then Michael says, “No, just that I get to go home today, right?” Michael was in jail facing a gun charge and possession of drugs for sales charge. Michael was facing his third strike, and a possible life in prison. After giving this statement to homicide detectives he was allowed to go home.
Luis Orellana Investigations also was able to get in contact with another witness whom the prosecution called to the witness stand. Larry testified at trial that he did not know James Loaiza, but seen him around the neighborhood before. Larry Lopez was a minor at the time when the homicide detectives interviewed him. Luis Orellena Investigations went over the audio interview tapes of homicide detectives and Larry Lopez. In the interview Larry Lopez admits to being at the murder scene but that he was not the shooter. No charges were ever filed on Larry Lopez. P.I. Luis Orellana talked to Larry Lopez on the phone. P.I. Luis Orellana told Larry Lopez that he knows he was there the night of the murder. P.I. Luis Orellana asked Larry if James Loaiza was the shooter or if James Loaiza has any involvement with the murder of Nicholas Lopez. Larry Lopez told P.I. Luis Orellana, James Loaiza is not the shooter and James had no involvement.
James Loaiza was an ex parolee who served time for a grand theft auto charge. James held a job from the time he was paroled until the time of his incarceration on this new charge of murder. At the time of the murder of Nicholas Lopez, James worked for California Communications and earned several certificates in communications. James was also engaged to be married. James had obviously started to become a productive citizen.
I am writing this letter on behalf of my brother. I have no more money to keep the investigation going or even to hire a lawyer. All I have is my faith that God will open up hearts and minds ……..and……..eventually doors. So that my brothers injustice will be known and James will be set free. James and I thank you deeply for your time. If you find it in your heart to help you can reach me at HM (909) 613-0014/CL (215) 208-3123 or email rasilojr@hotmail.com
Sincerely, Raymond Loaiza
Posted by: Raymond Loaiza at October 12, 2007 08:20 PM
i know james is wrongly convicted i miss my good friend
Posted by: manny estrada at November 19, 2007 05:05 AM
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