Greenleaf Announces Innocence Commission Effort 

HARRISBURG -- Joined by Thomas Doswell, a Pennsylvanian exonerated by DNA evidence after nearly two decades in prison, and John Rago, a Duquesne University Law School professor known for his study of wrongful conviction cases, Sen. Stewart J. Greenleaf, R-Montgomery/Bucks, announced the introduction of legislation that would establish a state innocence commission. 

The commission, modeled on similar panels established in other states, would investigate the underlying causes of wrongful convictions and make recommendations to reduce or eliminate the occurrence of wrongful convictions.  The senator noted that the effort would help to ensure that what happened to Thomas Doswell -- incarcerated for 19 years for a crime he did not commit-- does not happen to anyone else. 

Nationally, 172 people have been exonerated through post-conviction DNA testing.  At least eight of those exonerations involved Pennsylvania men -- including Nicholas Yarris, who was released from death row in 2003.  Other Pennsylvanians found by post-conviction DNA testing to be innocent of the crimes for which they were convicted are Vincent Moto, Bruce Godschalk, Willie Nesmith, Barry Laughman, Dale Brison, and Bruce Nelson.  Another Pennsylvanian, Harold Wilson, was removed from death row and given a new trial because of ineffective counsel.  At the new trial, DNA evidence was presented that resulted in his acquittal after just 15 minutes of jury deliberation. 

The use of post-conviction DNA testing for proving the innocence of inmates was pioneered as a project of the Benjamin N. Cardozo School of Law at Yeshiva University in 1992 with the creation of The Innocence Project, an ongoing program that commits legal resources to cases in which DNA technology can be utilized to prove a convicted person's innocence. 

Greenleaf said the legislation he has offered with eleven cosponsors would provide for appointment of members to the commission by the Governor, the State Chief Justice and the General Assembly.  Members would represent a wide spectrum of the criminal justice system, including police, victim advocates, judges, defense attorneys, prosecutors, corrections officials, scholars, and representatives of organizations involved in criminal justice issues. 

Under the proposal, the Joint State Government Commission would provide staff services and organizational assistance to the Pennsylvania Innocence Commission, which would report its findings and recommendations to the General Assembly.

Virginia, California, Connecticut, Wisconsin, Illinois, and North Carolina are among states that have established innocence commissions. 

The senator said that the Senate Judiciary Committee, which he chairs, will conduct a public hearing on the measure, Senate Bill 1069, on January 30 in Harrisburg.